DIREKTKLAGEN VON KRIEGSOPFERN GEGEN STAATEN MIT GENAUEREM BLICK AUF DIE NATO OPERATION “ALLIED FORCE” IN DER BR JUGOSLAWIEN: 10 JAHRE SPÄTER
VICTIMS OF WAR AND THEIR DAMAGE COMPENSATION CLAIMS AGAINST STATES: NATO INTERVENTION “ALLIED FORCE” IN THE FORMER YUGOSLAVIA REVISITED – 10 YEARS AFTER

Summary/Abstract: The NATO intervention in the former Yugoslavia was accomplished 10 years ago and has caused a great number of civilian victims. Until now they have not succeeded in getting any relief, neither at international nor at municipal judicial level. Victims of armed conflicts were barred from getting any redress for wrongdoing due to the traditional concept of state immunity and the concept of non-justiciability of individual claims against States arising from events taken place in an armed conflict. The damage compensation proceedings conducted before national tribunals of state perpetrators ended in the de facto denial of justice and impunity. However, State perpetrators can be held responsible within the framework of international and applicable municipal law in the following way: Firstly, the tribunals in Serbia are the most convenient forum for the settlement of disputes arising out of torts committed with respect to war activities in Serbia.

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