List of Cases

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ICTY Trial Chamber Judgment in Šešelj Case: In Time of War, Laws Fall Silent

ICTY Trial Chamber Judgment in Šešelj Case: In Time of War, Laws Fall Silent

Presuda Šešelju

On March 31st, 2016, the Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) delivered its  first instance judgment acquitting the President of the Serbian Radical Party (SRS), Vojislav Šešelj, of criminal responsibility on all counts of the indictment, with the dissenting opinion of one member of the Trial Chamber expressing criticism of the judgement in harsh tones. The Humanitarian Law Center (HLC) holds that the acquittal is based on findings which are in contradiction to the practice of the ICTY, as well as on an unsustainable reinterpretation of events which occurred during the wars, which is offensive to the victims.

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War Crimes Trials in Serbia in 2014 and 2015

War Crimes Trials in Serbia in 2014 and 2015

Predstavljanje izveštaja o suđenjima za ratne zločine 2014-15On Thursday, March 3, 2016, the Humanitarian Law Center (HLC) presented the Report on War Crimes Trials in Serbia in 2014 and 2015, and organised a debate on this occasion. The Report includes an analysis of 27 cases that were conducted before the courts in Serbia, the general findings about the war crimes trials, and an overview of the sociopolitical events that were of importance to the war crimes trials in Serbia in the said period.

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Report on War Crimes Trials in Serbia during 2014 and 2015

Report on War Crimes Trials in Serbia during 2014 and 2015

dvogodisnji_izvestaj_korice_engThe biannual report on war crimes trials in Serbia offers an insight into all war crimes trials conducted  before the Higher Court and the Appellate Court in Belgrade, as well as before the courts of general jurisdiction. The report gives a brief overview of proceedings for 27 cases, as well as the basic findings of the HLC regarding the cases.

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Judgment in “Cobras” Case Delivered

Judgment in “Cobras” Case Delivered

Logo_FHPThe Higher Court in Niš delivered a judgment on February 17th, 2016 finding the accused Shyqer Maloku, Xhafer Gashi, Demush Gacaferi, Dem Maloku, Argon Isufi, Anton Quni, Alija Rabit and Rustem Berisha, who were tried in absentia, guilty of the criminal offence of terrorism and sentencing each of them to 15 years of imprisonment. The Humanitarian Law Center (HLC) highlights that a distinctive mark of this case was the presence of some illogicalities and serious legal faults emerging from the erroneous qualification of the criminal act and the decision to prosecute the accused in absentia.

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HLC Kosovo: Oliver Ivanović has been sentenced to nine years of imprisonment for a war crime against civilian population

HLC Kosovo: Oliver Ivanović has been sentenced to nine years of imprisonment for a war crime against civilian population

fdh_kosovo_logoFollowing a thirteen-month trial in the case the Prosecutor against Oliver Ivanović et aila,[1] the international panel of the Basic Court of Mitrovicë/Mitrovica (presided by Judge Roxana Comsa[2]) announced the judgment on 21 January 2016 finding the accused Oliver Ivanović guilty of the criminal offense of War Crimes Against Civilian Population and sentenced him to imprisonment of nine (9) years. In her brief reasoning that was on this occasion announced to the parties to the proceedings, Judge Comsa said that the Court found that Ivanović was responsible for the crime committed on 14 April 1999 in Mitrovicë/Mitrovica, in Miladin Popović Street (nowadays Ahmet Selaci Street), as well as in Put za Bajr (The Road to Bajr). As a result of the actions of Serbian paramilitary police forces, on that occasion, the following Albanians were killed: Fatmir Mustafa, Skender Paqarada, Avni Abazi and Mehmet Seferi.

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Draft Strategy for Prosecution of War Crimes Does Not Guarantee More Efficient Prosecution of Perpetrators of War Crimes in Serbia

Draft Strategy for Prosecution of War Crimes Does Not Guarantee More Efficient Prosecution of Perpetrators of War Crimes in Serbia

Nacionalna_StrategijaThe Republic of Serbia Ministry of Justice published the
Draft National Strategy for the Prosecution of War Crimes for the period 2016-2020 (Draft Strategy) in November 2015 , in accordance with the Action Plan for Chapter 23, and then opened a public debate, which was closed on December 31st, 2015. The Humanitarian Law Center (HLC) holds that, even though the Draft Strategy does recognize some of the key shortcomings in the current work of the institutions responsible for the prosecution of war crimes and foresees some good solutions for overcoming these shortcomings, it still fails to establish the key measures for the achievement of the primary objective, which is the more efficient prosecution of war crimes; and therefore it significantly dilutes its potential.

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ICTY Appeals Chamber Renders Judgment in Case of Stanišić and Simatović

ICTY Appeals Chamber Renders Judgment in Case of Stanišić and Simatović

ICTY LogoThe Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) rendered a judgment on 15 December 2015 in the case of the former heads of the Serbian State Security Service (SDB), quashing the first instance judgment on account of errors in law, and ordering a retrial. The Humanitarian Law Center (HLC) maintains that the court’s decision is correct, and points out that in the case of the former Chief of General Staff of the Yugoslav Army, Momčilo Perišić, the ICTY made a serious mistake and that, had the Chamber not erred, he would have been held accountable for the assistance that this institution had provided to the Republic of Srpska Army in the commission of systematic crimes against the non-Serb civilian population.

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No Justice for Wartime Victims of Sexual Violence

No Justice for Wartime Victims of Sexual Violence

Specijalni sudThe Higher Court in Belgrade War Crimes Department rendered a first instance judgment in the repeated trial of the Bijeljina II Case on November 24th, 2015, acquitting Miodrag Živković once again of the charges related to the commission of a war crime against a civilian population. The Humanitarian Law Center (HLC) emphasizes that this judgment represents part of the negative score of the national judiciary in the prosecution of cases of wartime sexual violence, and also a continuation of the practice of departing from the international standards set in such cases.

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