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Initial Report - on the Implementation of the National Strategy for the Prosecution of War Crimes

Author(s): Višnja Šijačić / Language(s): English

Keywords: War crimes; Security Council; Serbia

On 20 February 2016, the Government of the Republic of Serbia adopted the National Strategy for the Prosecution of War Crimes for the period 2016-2020 (hereinafter: National Strategy), which detailed the set of activities needed to improve the prosecution of war crimes in Serbia. Determining individual criminal accountability for war crimes committed during the 1990s is one of the formal conditions that Serbia has to meet to join the EU. As a direct response to the recommendations made by the European Commission in its Screening Report on Chapter 23, Serbia has adopted the Action Plan for Chapter 232 relating to judicial reform, fundamental rights and also war crimes.

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Second Report on the Implementation of the National Strategy for the Prosecution of War Crimes

Author(s): Višnja Šijačić / Language(s): English

Keywords: War Crimes; Serbia; European Commission; Security Council

On 20 February 2016, the Government of the Republic of Serbia adopted the National Strategy for the Prosecution of War Crimes 2016-2020, which detailed a set of activities to help achieve the common objective of improving the prosecution of war crimes in Serbia. Determining individual criminal responsibility for war crimes committed during the 1990s is one of the formal conditions that Serbia has to meet to join the EU.5 As a direct response to the recommendations made by the European Commission in its Screening Report on Chapter 23, Serbia has adopted the Action Plan for Chapter 23 relating to judicial reform and fundamental rights, and also war crimes.The Humanitarian Law Center (HLC) has been monitoring and analyzing war crimes trials in Serbia since the first proceedings in the Republic of Serbia in 2002. The HLC is the only organization that does this continuously and informs the domestic and international public about it. In war crimes cases, it represents victims (injured parties) through a proxy, submits criminal charges against suspects to the War Crimes Prosecutor's Office (TRZ) and provides documentation on committed war crimes. The HLC also identifies and encourages witnesses and victims to testify in war crimes cases, thus contributing to the establishment of justice for past crimes. The National Strategy for War Crimes Prosecution (hereinafter: the National Strategy), adopted by the Government of the Republic of Serbia in February 2016, is based, inter alia, on the Strategy Model developed by the HLC. The HLC reports on the implementation of the National Strategy, with the aim of offering independent research findings and conclusions on its implementation during the period of validity of the National Strategy. This is the second such report on the implementation of the National Strategy published by the HLC. The First Report on the Implementation of the National Strategy for War Crimes Prosecution, which was presented by the HLC in December 2017, is also relevant for a complete insight into the implementation of the National Strategy so far.

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Third Report On the Implementation of the National Strategy for the Prosecution of War Crimes

Author(s): Višnja Šijačić / Language(s): English

Keywords: war crimes trials; War Crimes; Serbia; European Commission; Security Council

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Fourth Report on the Implementation of the National Strategy for the Prosecution of War Crimes

Author(s): Višnja Šijačić / Language(s): English

Keywords: War Crimes; Serbia; European Commission; Security Council

The Humanitarian Law Center (HLC) has been monitoring and providing support to war crimes trials ever since the first war crimes proceedings conducted in Serbia in 2002. The HLC is the only organization that has been continuously monitoring and analysing war crimes trials in Serbia and informing the public at home and abroad about them. HLC has been filing criminal complaints against suspected perpetrators and sharing its documentation on war crimes with the Office of the War Crimes Prosecutors (OWCP). Also, the HLC has been identifying witnesses and victims and encouraging them to give evidence in court and thus contribute to achieving justice for past crimes. The National Strategy for the Prosecution of War Crimes (hereinafter: the National Strategy) was adopted in February 2016. The HLC is the only non-governmental organisation that monitors and reports on its implementation with a view to assisting in a qualitative and quantitative assessment of the state of implementation of the measures and activities set forth in the National Strategy.

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Fifth Report On the Implementation of the National Strategy for the Prosecution of War Crimes

Author(s): Višnja Šijačić / Language(s): English

Keywords: War Crimes; Serbia; European Commission; Security Council

The Humanitarian Law Center (HLC) has been monitoring and providing support to war crimes trials since the very first war crimes proceedings were conducted in Serbia in 2002. The HLC is the only organisation that has been continuously monitoring and analysing war crimes trials in Serbia and informing the public at home and abroad about them. The HLC has been filing criminal complaints against suspected perpetrators with the Office of the War Crimes Prosecutors (OWCP), and it has also been identifying witnesses and victims and encouraging them to give evidence in court, and thus contribute to achieving justice for past crimes. The National Strategy for the Prosecution of War Crimes (hereinafter: the National Strategy) was adopted in February 2016. The HLC is the only non-governmental organisation in Serbia that monitors and reports on its implementation, with a view to assisting in a qualitative and quantitative assessment of the state of implementation of measures and activities set forth in the National Strategy.

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Sixth Report on War Crimes Trials in Serbia during 2019

Author(s): Marina Kljaić / Language(s): English

Keywords: War Crimes; Yugoslav Wars;

In the reporting period, the War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in eight cases.1 The War Crimes Department of the Court of Appeal in Belgrade handed down four judgments and one ruling, two of the judgments and the ruling being on appeals lodged against judgments of the Higher Court in Belgrade,2 and the two other judgments on appeals against judgments of the Court of Appeal in Belgrade in proceedings in which the Department decided at third instance.3 Over the reporting period, the OWCP filed three indictments gainst three individuals.

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Seventh Report on War Crimes Trials in Serbia during 2020

Author(s): Marina Kljaić / Language(s): English

Keywords: War Crimes; Yugoslav Wars;

In the reporting period, the War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in five cases. The War Crimes Department of the Court of Appeal in Belgrade handed down three judgments and two rulings on appeals lodged against judgments of the Higher Court in Belgrade. In the reporting period, the OWCP issued seven indictments against seven persons. The HLC has monitored all war crimes trials conducted in the territory of Serbia in 2020, namely a total of 21 cases conducted before the War Crimes Departments of the Higher Court and/or the Court of Appeal in Belgrade. The Report provides a brief overview of the proceedings and of the HLC’s basic findings in respect of cases which are of public relevance.

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Eighth Report on War Crimes Trials in Serbia during 2021

Author(s): Marina Kljaić / Language(s): English

Keywords: War Crimes; transitional justice; Yugoslav Wars;

In the reporting period, the War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in five cases. It also rendered decisions terminating criminal proceedings in respect of three defendants who had died, and dismissed the indictments against two defendants who had become unfit to stand trial. The War Crimes Department of the Court of Appeal in Belgrade handed down six judgments4 and three rulings on appeals lodged against judgments of the Higher Court in Belgrade quashing the first instance judgments and remanding the cases for retrial. In the reporting period the OWCP issued seven indictments against nine persons.

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Nineth Report on War Crimes Trials in Serbia during 2022

Author(s): Marina Kljaić / Language(s): English

Keywords: war crimes; transitional justice; Yugoslav wars;

In the reporting period, the War Crimes Department of the Higher Court in Belgrade handed down first-instance judgments in five cases. It also rendered a decision terminating criminal proceedings in respect of one defendant who had died. The War Crimes Department of the Court of Appeal in Belgrade handed down two judgments. Over the reporting period, the OWCP reportedly issued 12 indictments against 19 persons, five of which were transferred from BiH. The report focuses on the work of the Office of the War Crimes Prosecutor (OWCP) and of the courts in parts of the judicial proceedings open to the public, primarily by analysing the indictments and the judgments in each particular case. An analysis of the work of other bodies involved in the prosecution of war crimes – the War Crimes Investigation Service of the Serbian Ministry of the Interior (MUP), the Witness Protection Unit and others, cannot not be undertaken in respect of the individual cases, as no information on their activities is publicly available.

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Tenth Report on War Crimes Trials in Serbia during 2023

Author(s): Marina Kljaić / Language(s): English

Keywords: war crimes; Yugoslav wars; transitional justice; facing the past;

In the reporting period, the War Crimes Department of the Higher Court in Belgrade issued one first-instance verdict. The War Crimes Department of the Court of Appeal in Belgrade issued five verdicts that concluded the proceedings with final force and effect3, and two decisions that annulled the first-instance verdicts and remanded the cases for retrial. In the reporting period, the POWCP, as it states, filed three indictments against seven persons, two of which are still in the examination phase before the competent court. During 2023, one proceeding was conducted in absentia. In 2023 also, the verdict of the Court of Bosnia and Herzegovina, dating from 2014, by which Novak Đukić was sentenced to 20 years in prison, was again not executed. As from 2018, when it was determined by the expert that Đukić was not competent to stand trial, the expert opinion has been presented every 12 months, and every time the expert opinion has been the same.

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Series:War Crimes Trial Reports

Initial Report - on the Implementation of the National Strategy for the Prosecution of War Crimes

Second Report on the Implementation of the National Strategy for the Prosecution of War Crimes

Third Report On the Implementation of the National Strategy for the Prosecution of War Crimes

Fourth Report on the Implementation of the National Strategy for the Prosecution of War Crimes

Fifth Report On the Implementation of the National Strategy for the Prosecution of War Crimes

Sixth Report on War Crimes Trials in Serbia during 2019

Seventh Report on War Crimes Trials in Serbia during 2020

Eighth Report on War Crimes Trials in Serbia during 2021

Nineth Report on War Crimes Trials in Serbia during 2022

Tenth Report on War Crimes Trials in Serbia during 2023