Compendium of Yugoslav Laws on the Security Sector: Human Rights and Democratic Oversight Aspects
Compendium of Yugoslav Laws on the Security Sector: Human Rights and Democratic Oversight Aspects

Author(s): Not Specified Author
Subject(s): Politics, Civil Society, Public Law, Government/Political systems, Military policy
Published by: BCBP Beogradski centar za bezbednosnu politiku
Keywords: Human Rights; Yugoslav Legislation; Security Sector; Defense and Armed Forces; Military Legislation; Armed Forces of Yugoslavia
Summary/Abstract: This book explores the challenges of establishing democratic and civilian control over security structures in countries transitioning to democracy, with a specific focus on the Federal Republic of Yugoslavia (FRY) and the Republic of Serbia. Security structures, including the armed forces, police, and interior ministry, often pose significant obstacles to democratization by operating autonomously or disproportionately consuming state resources. The reform of these structures must balance the creation of efficient institutions with respect for fundamental human rights, given their authority to use force. Effective democratic control requires a clear constitutional and legal framework that institutionalizes practices and relationships among key actors. However, the research reveals inconsistencies in the legal and constitutional frameworks at federal and republic levels, ambiguous legislation, lack of transparency in decision-making, inadequate protection of human rights, and unchecked executive use of security institutions. Undertaken as part of a broader project by the Geneva Centre for the Democratic Control of Armed Forces (DCAF) and the East-West Institute (EWI), the study assesses legal texts and offers recommendations for comprehensive security sector reform. The work, informed by contributions from prominent scholars and civil society institutions, underscores the need for legislative corrections to prevent misuse of security apparatus, as seen under the Milosevic regime.

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