Publisher: Fond za humanitarno pravo

TRANSITIONAL JUSTICE in post-Yugoslav countries. Report for 2007

TRANZICIONA PRAVDA u post-jugoslovenskim zemljama. Izveštaj za 2007. Godinu

Author(s): / Language(s): Serbian

Keywords: transitional justice; facing the past; post-Yugoslavia;

This report is the result of systematic monitoring of the establishment of transitional justice in the countries of the former Yugoslavia, conducted by the human rights organizations Humanitarian Law Center (Belgrade) and Documenta (Zagreb). The disintegration of the Yugoslav federation was marked by three high-intensity armed conflicts: in Croatia (1991-95), Bosnia and Herzegovina (1992-95), and Kosovo (1998-99), in which at least 130,000 people lost their lives, millions they were forced to leave their homes, and hundreds of thousands of houses were destroyed. In addition, shorter armed conflicts, with relatively few casualties, occurred in Slovenia (June-July 1991) and Macedonia (January-November 2001). More than 1,300 Serbs, Roma and Albanians, recognized by the Albanian public as Serb collaborators, were killed after armed conflict and the arrival of international forces in Kosovo between June 12, 1999 and the end of 2000. The fate of some 17,000 missing in the region is still unknown. The transition from a state of armed conflict and state repression to a period of peace and the building of democratic institutions requires these societies to decide on mass human rights violations from the recent past. The set of measures taken by the authorities and civil society to address these violations of rights constitutes a complex of transitional justice, the basic elements of which are fact-finding, trials, reparations, and institutional reform.

Fulfilling the Right for Victims of Human Rights Abuses to seek Reparation before the Serbian Courts : 2012 Report.

Uspostavljanje pravde ili relativizacija zločina? : ostvarivanje prava žrtava na reparacije u sudskim postupcima u Srbiji : izveštaj za 2012. godinu.

Author(s): / Language(s): Serbian

Keywords: Reparations;victims;wars in ex-Yugoslavia;humanitarian law;war crimes trials;

The obligation of the State to provide adequate financial redress to victims of human rights abuses is defined in numerous international conventions on human rights and is derived from the fundamental legal principle of accepting responsibility for harm done. In most societies that have gone through periods of massive human rights violations, the issue of financial reparations for victims is one of the most important elements of establishing the rule of law and providing justice for crimes committed in the past. Identification of victims, creation of programs suitable for the needs of victims, and ways in which those programs are financed are just a few of the important issues considered by post-conflict societies in their overall effort to provide reparations to victims of human rights violations. // This Report offers a review of 15 cases in which HLC represented victims and which resulted in court decisions in 2012. There were a total of 18 judgments, 12 of which were negative and six positive, which awarded a total of RSD 1.76 million to victims of human rights abuses.

DOSSIER: Removal of Evidence of Crimes during the War in Kosovo: Body-Hiding Operation

DOSIJE: Uklanjanje dokaza o zločinima tokom rata na Kosovu : operacija skrivanja tela

Author(s): Nemanja Stjepanović / Language(s): Serbian

Keywords: mass-graves; Body-Hiding;war crimes trials;Kosovo war;

From 2001 until today, mass graves with 941 bodies of Albanians killed in Kosovo in 1999, mostly civilians who died outside the fighting, have been discovered on the territory of the Republic of Serbia. According to the UNMIK Office on Missing Persons and Forensic Medicine (KNLSM), 744 Kosovo Albanian bodies were found in Batajnica near Belgrade, at least 61 bodies in Petrovo Selo, and a mass grave with 84 bodies near Lake Perucac. Subsequently, at least 52 more bodies were discovered in the Rudnica mass grave. From the statements and testimonies of witnesses, as well as from the available documentation from that time, it is evident that the term "remediation of the terrain" was widely used within political, military and police structures to denote illegal removal of corpses and their burial mass graves, with the aim of covering up crimes.

DOSSIER: Forced mobilization of refugees

DOSIJE: Prisilna mobilizacija izbeglica

Author(s): Jovana Kolarić / Language(s): Serbian

Keywords: Refugees; War in ex-Yugoslavia; Humanitarian law; forced mobilization; violation of the human rights in Serbia; International Criminal Tribunal for the Former Yugoslavia;

The dossier "Forced Mobilization of Refugees" is the twelfth file of the Humanitarian Law Center (HLC), which aims to provide the public with evidence of systematic and widespread violations of human rights of refugees in Serbia. The dossier is based on more than 500 statements of forcibly mobilized refugees given to HLC researchers during 1997 and 1998 and members of the families of refugees who died or disappeared after being sent to the area of armed conflict; court documents from more than 120 litigation before the courts in Serbia for damages, in which the HLC represented forcibly mobilized refugees or their families; evidence presented before the International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as documents obtained by the HLC from the Serbian Ministry of the Interior under the Law on Free Access to Information of Public Importance. The Dossier also used HLC reports on the forced mobilization of refugees published in the 1990s, reports from other domestic and international human rights organizations, as well as media reports.

DOSSIER: Camps for Croats on the territory of Serbia

DOSIJE: Logori za Hrvate na teritoriji Srbije

Author(s): Jovana Kolarić / Language(s): Serbian

Keywords: Humanitarian Law;war crimes;Croats in Serbia and Montenegro;concentration camp;

According to the research of the Humanitarian Law Center (HLC), the largest camp formed in Serbia was in the Penitentiary-Correctional Facility (KPD) Sremska Mitrovica. In addition to this camp, there were also camps in the Banat villages of Begejci and Stajićevo, then in the JNA barracks in Aleksinac and the Penitentiary in Niš. In Serbia, there were also smaller transit camps and centers where detainees stayed for several days, before being transferred to some of the larger camps. Although there were more such places, this file singled out facilities in Šid, the Military Police Training Center in Bubanj Potok and the JNA barracks in Paragovo. All camps, except Nis, which was in the zone of responsibility of the 3rd Military District (VO) of the JNA, were in the zone of responsibility of the 1st VO of the JNA. The camp was secured by members of the JNA Military Police. JNA officers were appointed to the positions of camp commanders, but the Security Directorate of the Federal Secretariat for National Defense (UB SSNO) had real control over the camps. The captured civilians and fighters spent from a couple of days to nine months in the camps. About 7,000 people passed through the camps, and about 3,500 people were kept in them for a long time.

DOSSIER: Šljivovica i Mitrovo Polje

DOSIJE: Šljivovica i Mitrovo Polje

Author(s): Ivana Žanić / Language(s): Serbian

Keywords: war crimes; Srebrenica; war in Bosnia and Hercegovina;

After the Republika Srpska Army (VRS) conquered Srebrenica on July 11, 1995, forcibly relocated tens of thousands of civilians from the area and killed more than 7,000 men, it set out to conquer other protected zones in eastern Bosnia and Herzegovina (BiH) - Zepe. After forcibly relocating more than 4,000 civilians from the Zepa enclave, on July 27, 1995, the VRS forced Bosniak representatives from Zepa to sign a capitulation agreement that provided for the surrender of BiH Army soldiers and other "able-bodied people" in Zepa to the VRS. Hearing stories about the crimes committed after the fall of Srebrenica, the men from Žepa fled to Žepa Mountain. During the work on this file, the HLC sent over a hundred requests for access to information of public importance, requesting additional information about the units that participated in the reception of men from Zepa and their deportation to camps, as well as about individual members of these units. In most cases, the Ministry of Defense of the Republic of Serbia (MoD) and the Ministry of the Interior refused to provide the requested information, citing their secrecy or claiming that they did not have such information. In a number of cases, the MoD and the MUP (mostly police administrations from the interior of Serbia) nevertheless provided the requested information. On the other hand, other state bodies (Institute of Forensic Medicine, Hospitals, Courts, Cemeteries) were more willing to provide the requested information to the HLC. Based on these data and other sources, the HLC determined that some of the persons who participated in the capture and abuse of Bosniaks from Žepa are still in important positions in the institutions of the Republic of Serbia.

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

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.

Second 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

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.

Third 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

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

Keywords: war crimes trials; 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 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 234 relating to judicial reform and fundamental rights, and also to war crimes.

Fourth 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

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.

Fifth 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

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.

Sixth Report on War Crimes Trials in Serbia during 2019

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.

Seventh Report on War Crimes Trials in Serbia during 2020

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.

Eighth Report on War Crimes Trials in Serbia during 2021

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.

Nineth Report on War Crimes Trials in Serbia during 2022

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.

Tenth Report on War Crimes Trials in Serbia during 2023

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.

Dossier: Svetozar Andrić

Dosije: Svetozar Andrić

Author(s): Katarina Maruna / Language(s): Serbian

Keywords: Yugoslav wars; War in Bosna and Herzegovina; war crimes in Yugoslavia; civilian victims

READY FOR WARS OF MEMORY: THE CASE OF CDF MEMORIAL PLATES IN CROATIA

SPREMNI ZA RATOVE SEĆANJA: SLUČAJ SPOMEN-PLOČE HOS U HRVATSKOJ

Author(s): Katarina Damčević / Language(s): Serbian

Keywords: hate speech; CDF; Croatia; wars in Croatia; Yugoslavia

Media and revisionism about the 1990s wars in Serbia

Mediji i revizionizam o ratovima devedesetih u Srbiji

Author(s): Katarina Ristić / Language(s): Serbian

Keywords: media studies; historical revisionism; Serbia; Yugoslavia; wars in Serbia

Dossier: Serb Volunteer Guard

Dosije: Srpska dobrovoljačka garda

Author(s): Jovana Kolarić / Language(s): Serbian

Keywords: Serb Volunteer Guard; wars in Yugoslavia; war in Serbia; paramilitary unit