On 20 August 2026, the Humanitarian Law Center (HLC) submitted its feedback to the new European Union Strategy on Victims’ Rights initiative. The HLC considers that, in the coming period, the Strategy should focus on closing the gap between rights formally guaranteed to victims and their effective exercise in practice. This is particularly important for victims of war crimes and conflict-related sexual violence, whose needs often persist for decades after the crime and cannot be addressed solely through their role as witnesses in criminal proceedings.
First, access to compensation must be effective in practice. In Serbia, no victim of war crime has ever received compensation within criminal proceedings. Victims are routinely referred to separate civil proceedings, which prolongs the process, creates additional costs and exposes them to renewed victimisation. This is particularly problematic for victims of conflict-related sexual violence, who may benefit from protective measures in criminal proceedings that are not available in subsequent civil litigation.
Second, victims need continuous, individualised support throughout proceedings. Authorities should ensure regular communication about the progress of the case, access to legal assistance, psychological and emotional support, and preparation for testimony. Particular safeguards are required for victims of sexual violence and persons suffering long-term trauma, including systematic recognition as particularly vulnerable victims, protection from degrading or intimidating questioning, and measures preventing disclosure or use of irrelevant information concerning their prior sexual conduct.
Finally, access to victim-support schemes must be inclusive and comprehensive. In Serbia, many survivors of wartime violence and family members of those killed or disappeared remain excluded from existing victim-support schemes due to restrictive legal definitions which are not in line with international standards or due to victims’ nationality and residence requirements. Even when victim status is recognised, support is largely limited, with specialised rehabilitation, psychological support, counselling and social inclusion services generally unavailable.
The new Strategy should encourage Member States and candidate countries to:
- ensure that compensation can be determined and enforced without requiring victims to initiate separate proceedings;
- strengthen institutional oversight and accountability through regular performance assessments, mandatory specialised and trauma-informed training, and clear protocols for identifying vulnerable victims; and
- ensure that all victims of serious international crimes have access to support services, rehabilitation, psychological assistance and reparation measures, regardless of their nationality, place of residence or current legal status.
