On April 22, 2020, the Humanitarian Law Center (HLC) filed a criminal complaint with the Office of the War Crimes Prosecutor (OWCP) against several unidentified persons, for the murder of Himzo Fazlić in Zvornik in May 1992.
On the following link you could read the 8th Report on War Crimes Trias in Serbia during 2019 prepared by the Humanitarian Law Center (HLC).
The HLC has monitored all war crimes trials conducted in the territory of Serbia during 2019, namely a total of 24 cases conducted before the War Crimes Departments of the Higher Court and the Court of Appeal in Belgrade. The Report provides a brief overview of all the cases and of the HLC’s basic findings in respect of proceedings which are of public relevance. A large number of the war crimes cases covered by this Report have been going on for a number of years now, so that previous HLC Reports on war crimes trials may also be consulted for a full grasp of the course of the proceedings and the relevant HLC findings.
The Report focuses on the work of the Office of the War Crimes Prosecutor (OWCP) and the courts in sessions open to the public, primarily analysing the indictments and 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, could not be undertaken in respect of the individual cases, as no information on their activities was publicly available.
Students attending the Master’s Programme at the Geneva Academy of International Humanitarian Law and Human Rights visited the Humanitarian Law Center (HLC) on February 12th, 2020, as part of their study visit to Serbia.
Sorry, this entry is only available in srpski.
On Monday, 23 December 2019, the Humanitarian Law Center (HLC) presented its fifth Report on the Implementation of the National Strategy for the Prosecution of War Crimes (Report). Opening a discussion on the Report, Ivana Žanić, Executive Director of the HLC, said that the National Strategy for the Prosecution of War Crimes (the National Strategy) had been adopted with the aim of improving war crimes prosecution in Serbia, but also of shifting society’s attitude towards dealing with the past i.e. with the crimes committed during the conflicts in the former Yugoslavia. Given that the National Strategy expires in 2020, continued Žanić, it cannot be said that it has accomplished its overall aim to date, since war crimes trials prosecution has not improved, nor has public perception regarding these themes changed.
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 analyzing 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.
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.
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:
Simultaneous interpretation into English will be provided.
On Friday, 6th 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.
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.