ULOGA CRNOGORSKOG TUŽILAŠTVA U SLUČAJU DEPORTACIJA IZBEGLICA
THE ROLE OF THE MONTENEGRIN PROSECUTOR’S OFFICE IN THE CASE OF DEPORTATION OF REFUGEES

Summary/Abstract: Montenegro admitted its responsibility in the “Refugee deportation” case by paying damages to the indemnified. However, no individual responsibility had ever been determined for this war crime and in this paper that fact is directly linked with the actions of the competent state prosecutor’s office of Montenegro. The paper begins with theoretical position, analyzing necessary requirements of awar crimes in international and non-international armed conflicts, which will help us in better understanding of views taken by respective courts and the prosecution in charge for this case. Further on, it shall focus on the position of the prosecution that at the same time both disputed and acted in favor of the thesis underpinning the existence of the war crime, as well as to the conflict of interests of the Prosecution itself. Finally, the paper shall demonstrate the shortcomings of the indictment leading to the acquittal in this case.

• Details
• Contents