Policy Paper: Prosecution of Crimes of Sexual Violence during Armed Conflicts before the Courts of the Republic of Serbia

In 1991 and 1992, while conflict took place in Bosnia and Herzegovina (BiH), the international community was interested in allegations by the media and non-governmental organisations that sexual violence was frequently committed. As a result, certain domestic and international organisations, began investigating those media allegations, and the UN Security Council formed the Panel of Experts, with the aim of determining whether sexual violence was strategically used as a weapon of war. The report submitted by the Panel of Experts influenced the establishment of the ICTY in 1993 and the creation of a new legal framework dealing with sexual violence.

Presentation of the Fifth Report on the Implementation of the National Strategy for the Prosecution of War Crimes and Policy Paper: Prosecution of Crimes of Sexual Violence during Armed Conflicts before the Courts of the Republic of Serbia

On Monday, December 23, 2019, at 12:00 the Humanitarian Law Center (HLC) will present its Fifth Report on the Implementation of the National Strategy for the Prosecution of War Crimes and the Policy Paper: Prosecution of Crimes of Sexual Violence during Armed Conflicts before the Courts of the Republic of Serbia. The presentation will take place in the Main Conference Hall of the Media Centre in Belgrade (Terazije 3, 2nd floor).

In February 2016, the Government of the Republic of Serbia adopted its first National Strategy for the Prosecution of War Crimes 2016-2020 (National Strategy). The HLC reports on the implementation of the National Strategy, in order to offer its conclusions and research findings on the state of implementation of this Strategy.

The Fifth HLC Report on the Implementation of the National Strategy (Report) provides an overview of the implementation of activities in the period from 1 June 2019 to 1 December 2019, in eight areas covered by the National Strategy. The Report points to key deficiencies and identifies recommendations for improving the situation in these areas.

On this occasion, the HLC will also present its Policy Paper: Prosecution of Crimes of Sexual Violence during Armed Conflicts before the Courts of the Republic of Serbia, which analyses the national framework for prosecution of such crimes, giving recommendations for its improvement.

Speakers:

• Ivana Žanić, Humanitarian Law Center
• Višnja Šijačić, Humanitarian Law Center
• Safeta Biševac, journalist of the daily newspaper Danas
• Lamija Tiro, TRIAL International

Simultaneous interpretation into English will be provided.

The HLC’s “Policy Proposal: Improving the Rights and Status of Victims and Witnesses in War Crimes Proceedings” presented at a press conference in Belgrade

On Friday, 6^th December 2019, the Humanitarian Law Center (HLC) presented its “Policy Proposal/Policy Paper: Improving the Rights and Status of Victims and Witnesses in War Crimes Proceedings in Serbia”. In her opening remarks, the HLC’s Ivana Žanić recalled that the HLC is the only non-governmental organisation in Serbia that has been monitoring and analysing all war crimes trials before the courts in Serbia, and informing the domestic and international public about them since 2002.  Its long-term experience and in-depth knowledge of war crimes trials in Serbia, said Žanić,  has enabled the HLC to identify problems and shortcomings in the existing victim/witness protection system, and develop a policy paper which discusses the current state of play and formulates recommendations aimed at enhancing the rights and position of victims and witnesses in war crimes trials in Serbia. She pointed out that the policy proposal is based on information obtained from the competent authorities, as well as from victims through interviews conducted as part of the HLC’s field research on the subject. Other important sources of information have been the HLC’s previous analyses and reports.  Žanić concluded by stating that the findings of the research show that victims who have chosen to testify before the courts in Serbia are exposed to a great deal of emotional strain during, before and after the testimony, as a result of the reliving of their traumatic experiences.

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

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. In order to ensure a smooth and efficient trial, it is crucial that victims have the support of the institutions responsible for prosecution, and that they are informed about court proceedings and their rights, so that their testimony is of as high a quality as possible, but the consequences for them in  life afterwards as minimal as possible. 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. In view of the fact that giving testimony is very traumatic for many victims, it is vital that the judicial system recognises the needs and concerns of the victims and provides them with the support and necessary information to reduce re-traumatisation and, at the same time, prepare them for quality testimony.

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; the insufficient capacities of the institutions in charge of assistance and support to victims and witnesses during all stages of criminal proceedings; and  the insufficient training and sensitivity of employees in institutions competent for war crimes proceedings.

The Policy Paper: Improving the Status and Rights of Victims and Witnesses in War Crimes Proceedings in Serbia analyses the legal and institutional framework governing the rights of victims and witnesses, and identifies existing problems regarding the status of victims and witnesses, with the aim of proposing recommendations to the institutions of Serbia responsible for war crimes prosecutions for improving the conditions under which victims testify during criminal proceedings before the courts in Serbia.

The Policy Paper is available here.

Presentation of “Policy paper: Enhancing the rights and position of victims and witnesses in war crimes trials in Serbia”

On Friday, 6^th December 2019, at 11:00 a.m., the Humanitarian Law Center (HLC) will present its “Policy paper: Enhancing the rights and position of victims and witnesses in war crimes trials in Serbia”. The presentation will take place in the Main Conference Hall of the Media Center in Belgrade (Terazije 3, 2^nd floor).

Drawing upon its long-term experience with war crimes prosecutions in Serbia, the HLC has identified certain problems and shortcomings in the existing victim/witness protection system, and prepared a policy paper for enhancing the rights and position of victims and witnesses in war crimes trials in Serbia.

Speakers:

• Meris Mušanović, Humanitarian Law Center
• Ivana Žanić, Humanitarian Law Center
• Suvada Selimović, witness in the Zvornik II Case
• Biljana Slavković, psychotherapist

Simultaneous translation into English will be provided.

Sixth Transitional Justice School

From November 5 to 10, 2019, the Sixth Transitional Justice School (TJ School) of the Humanitarian Law Center (HLC) was held. The TJ School was attended by 18 students of law, political science, history, Scandinavian languages and sociology, as well as activists from Serbian non-governmental organisations.

The participants gained knowledge about the concept and mechanisms of transitional justice, and its application in Serbia in the context of the armed conflicts in the former Yugoslavia, with a consideration of case studies of crimes committed in Bosnia and Herzegovina, Croatia and Kosovo. In addition to the opportunity to learn the facts established before the International Criminal Tribunal for the former Yugoslavia (ICTY), the participants had the opportunity to hear about the results and challenges of war crimes prosecutions before the courts in Serbia, Croatia, BiH and Kosovo. Besides learning about the facts established before the ICTY and national courts, the participants also had the opportunity to learn about topics related to institutional reform, lustration, and reparations, as well as topics related to memorialisation.

Presentation of the HLC Dossier “Forcible Mobilisation of Refugees”

On  Wednesday, November 13, 2019, the Humanitarian Law Center (HLC) will present its twelfth  dossier, entitled “Forcible Mobilisation of Refugees” (Dossier). The presentation will take place in the Great Hall of the Media Center in Belgrade (Terazije 3, II floor) at 12:00.

The HLC presented its Fourth Report on the Implementation of the National Strategy for the Prosecution of War Crimes

On Wednesday, 24 July 2019, the Humanitarian Law Center (HLC) presented its fourth Report on the Implementation of the National Strategy for the Prosecution of War Crimes. In her opening remarks, Ivana Žanić from the HLC pointed out that, as the only non-governmental organisation in Serbia continuously monitoring domestic war crimes trials, the HLC also monitors the implementation of the National Strategy for the Prosecution of War Crimes, and every six months releases reports on the state of implementation of the Strategy.

EVENT ANNOUNCEMENT: Presentation of the Fourth Report on the Implementation of the National War Crimes Prosecution Strategy

On Wednesday, 24 July 2019, the Humanitarian Law Center (HLC) will present its “Fourth Report on the Implementation of the National Strategy for the Prosecution of War Crimes”. The presentation will take place at 12:00 in the Great Hall of the Media Centre (Terazije 3, 2^nd Floor).

Letter to Judge Carmel Agius, President of the International Residual Mechanism for Criminal Tribunals

Your Honor,

As nongovernmental organizations for human rights, we believe that a person convicted of war crimes, crimes against humanity or genocide, should not be commutation of sentence if they have not publicly addressed the families of their victims, expressing sincere regret and clearly demonstrating a readiness to help identify the perpetrators of specific crimes and reveal mass graves.

We are addressing you in regard to the possible paroling of Vlastimir Đorđević, sentenced to 18 years in prison for participation in a joint criminal enterprise, which included the crimes of murder, deportation, persecution and other inhumane acts. He was convicted in connection with the deportation of at least 200,000 Kosovo Albanians from 13 municipalities in Kosovo, the murder of at least 724 ethnic Albanians, and the forced relocation of the bodies of victims and their concealment in mass graves in the territory of Serbia. The ICTY Appeals Chamber established that Đorđević, as Head of the Public Security Department with the Serbian Ministry of Internal Affairs, ordered the bodies of Kosovo Albanians be buried in mass graves in the territory of Serbia, in order to remove evidence of the crimes committed, as well as that he “clearly issued orders related to the clandestine handling of the bodies, their transportation and reburial.”