Analiza i preporuke - za unapređenje regionalne saradnje u procesuiranju ratnih zločina
Analysis and recommendations - for the improvement of regional cooperation in the prosecution of war crimes

Author(s): Author Not Specified
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Criminology, Wars in Jugoslavia
Published by: Fond za humanitarno pravo
Keywords: regional cooperation; war crimes; Yugoslavia
Summary/Abstract: The cross-border character of armed conflicts in the former Yugoslavia today has the effect that victims, witnesses, perpetrators and evidence are generally not located within the territory of only one state and the jurisdiction of only one national judiciary. In addition, bearing in mind that the legal systems of almost all successor countries of the former Yugoslavia prohibit the extradition of their citizens to other countries, the prosecution of war crimes committed on the territory of the former Yugoslavia is unthinkable without the effective cooperation of competent institutions in the region. Precisely because of its importance in the fight against impunity for war crimes, regional cooperation represents one of the key obligations of Serbia undertaken within the negotiations on accession to the European Union (EU). However, regional cooperation between judicial institutions has not been developed to its full capacity, and in recent years a trend of stagnation in cooperation has been noticeable. Key problems that hinder regional cooperation include the issue of universal jurisdiction, trials in absentia, the lack of cooperation of the War Crimes Prosecutor's Office with the institutions in Kosovo, but also the lack of trust between the judicial authorities of the countries of the region. This paper analyzes the existing normative framework and mechanisms of cooperation, as well as the challenges that arose in regional cooperation, with the aim of offering recommendations for its improvement.

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