СТАЛНИ МЕЂУНАРОДНИ КРИВИЧНИ СУД И СРБИЈА
THE INTERNATIONAL CRIMINAL COURT AND SERBIA

Summary/Abstract: In November 2016, the Republic of Serbia adopted the amendments to the Criminal Code of Serbia, which stipulates (in Art. 30) a prison sentence ranging from 6 months to 5 years for anyone who publicly ‘’approves, denies or diminishes ‘’ genocide, crimes against humanity or war crimes. Thus, Serbia has acquired the standards on the crime of genocide which are given by the International Criminal Tribunal (ICT) in the Hague. Yet, the ICT is ignoring the fourth great crime which is regulated by international law: crime against peace or crime of aggression. The text of the amendments is similar to the wording of the British Resolution on Srebrenica, which was submitted to the UN Security Council in July 2015. Thus, it may be concluded that the initiative for such a change in the Serbian Law came from those countries that voted in the UN Security Council for the British resolution on Srebrenica in July 2015. In its work, the ICT is prone to taking the judgments related to Srebrenica as adjudicated legal facts (res iudicata) or legal standards which are not to be questioned, disputed and argued. An illustrative example is the case of Jean-Pierre Bemba Gombo, where a single submission of the Chief Prosecutor included over a dozen references to the judgment and decisions of the International Criminal Tribunal for former Yugoslavia, including the Tolimir case. The legal situation is further complicated by the recent announcements from Priština and Sarajevo that they will institute proceedings against Serbia at the International Court of Justice in 2017.

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