Practical Policy Proposal/Policy Paper: Improving the Status and Rights of Victims and Witnesses in War Crimes Proceedings in Serbia
Practical Policy Proposal/Policy Paper: Improving the Status and Rights of Victims and Witnesses in War Crimes Proceedings in Serbia

Author(s): Meris Mušanović
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Special Historiographies:, Victimology, Wars in Jugoslavia
Published by: Fond za humanitarno pravo
Keywords: victims’ testimonies; war crimes proceedings; witness protection and support; legal and institutional framework; Humanitarian Law Centre (HLC); victims’ rights and participation; judicial system confidence and reform
Summary/Abstract: The role of victims in war crimes proceedings is irreplaceable, as their testimonies in these proceedings are often the key evidence that can support the allegations in the indictment. Over the past 16 years, since the establishment and operation of the War Crimes Department of the Higher Court in Belgrade, the Humanitarian Law Centre (HLC) has identified a number of deficiencies in the victim and witness support system in war crimes proceedings. Some of the shortcomings are: an inadequate normative framework governing the status of victims and witnesses, and the insufficient capacities of the institutions in charge of assistance and support to victims and witnesses of war crimes during all stages of criminal proceedings, as well as the insufficient training and sensitivity of employees in institutions competent for war crimes proceedings. The attitude of the competent judicial authorities towards victims greatly affects their decision to participate in criminal proceedings, as well as their sense of confidence in the judicial system. This practical policy proposal analyses the status of victims and witnesses in war crimes proceedings, identifies existing problems, and provides the institutions of Serbia responsible for war crimes prosecutions with recommendations for improving the status of victims during criminal proceedings.

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