SECOND WORLD WAR AND WAR DAMAGES DUE TO YUGOSLAVIA Cover Image

ДРУГИ СВЕТСКИ РАТ И РАТНА ШТЕТА ЈУГОСЛАВИЈЕ
SECOND WORLD WAR AND WAR DAMAGES DUE TO YUGOSLAVIA

Author(s): Stevan Đorđević
Subject(s): Post-War period (1950 - 1989)
Published by: Правни факултет Универзитета у Београду
Keywords: War damage; Reparation of war damage; November 1973 Aide Mémoire; Prisoners of war

Summary/Abstract: The subject matter of the article is the regulation of war damage issues with states which have attacked Yugoslavia in the last world war. The issue has been completely settled as far as Italy and Hungary are concerned by means of relevant bilateral treaties. On the other hand, there is no legal ground for obtaining reparation from Bulgaria since it had been forgiven to that country' by a unilateral declaration of Yugoslav government in 1947. and that in spite of a July 1991 declaration on annulling that decision made by the National Assembly of the Republic of Serbia. The author discusses recent exchange of diplomatic notes between Yugoslavia and FR of Germany concerning war damage regulation. According to the Aide-Memoire of November 1973 (published in the article) "the SFR of Yugoslavia government accepts in principle the proposal by the government of the FR of Germany to compensate by the amount of one billion German Marks in the form of assistance in capital (Kapitalhilfe) the damage sufferred by Yugoslav victims of Nazi repressiion". According to the author, regardless of this document, the issue of war damage with Germany is still open, since it covers only a part of damages, and not the entire material and other war damage. Thus the 1972 and 1947 Treaty concerning the assistance in capital is only an attempt at solving the entire issue, to be followed by new agreements. The author also refutes by legal arguments the Note of German government of April 23, 1992 refusing further negotiations with Yugoslavia. Particularly important is, for instance, the issue of compensation for forcible labour of prisoners of war during the 1941-1945 period, since both countries are the signatories of the 1929 Geneva Convention on Prisoners of War.

  • Issue Year: 42/1994
  • Issue No: 6
  • Page Range: 606-615
  • Page Count: 10
  • Language: Serbian
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