Transitional Justice Should Be Part of Serbia's Accession to the EU

“This brochure was made possible with ﬁnancial support provided by the United States Agency for International Development (USAID) through the Institute for Sustainable Communities (ISC). The opinions expressed herein are those of the author(s) and do not necessarily reﬂect the views of ISC, USAID and/or the US Government.” The newsletter through ACCESSION towards JUSTICE will address the theme of obstacles to and solutions for establishing the rule of law and accountability for the crimes committed in our recent past. 2/2014 Also, it will seek to affirm, in the context of the EU accession talks, individual and societal needs arising from that experience. Transitional Justice Should [ ] Be Part of Serbia’s Accession to the EU David Tolbert, President, International Center for Transitional Justice he European Union has played a Tpivotal role over the last decades to ensure respect for human rights and the rule of law in a long list of new member states running from the Baltic to the Aegean. It has done so by requiring candidate states to undertake difficult reforms, including tackling past and present human rights abuses. Serbia, which now is a candidate for EU membership, has much to do in addressing a long and troubling legacy of human rights violations before it can claim the prize of In order to meet the EU’s high standards EU membership. on the rule of law and human rights, 1 Serbia must take this opportunity to his Croatian and Bosnian counterparts, address the legacy of the recent past in allowing for cross-border cooperation which Milosevic’s regime and the insti- in investigation and prosecution of war tutions under its control were involved crimes. in some of the most notorious crimes We should not gainsay these accom- committed in Europe since the Sec- plishments, but there is a great deal ond World War. Given Serbia’s past, the more that needs to be done to demon- European Union has an opportunity if strate a genuine commitment by the not an obligation to ensure that tran- Serbian government to an honest and sitional justice approaches are one of responsible reckoning with the crimes the key elements in the negotiations on of the past and justice for the victims. Serbia’s accession, even as the EU works to develop a comprehensive policy on The initial progress made in prosecut- transitional justice itself. ing war crimes has been undermined by serious concerns regarding witness in- Serbia has made some progress in trying timidation and the influence of political to deal with the legacy of crimes com- factors in some cases. For example, the mitted during the conflict in the former highly respected human rights advocate Yugoslavia, including in Croatia, Bosnia Natasa Kandic, who was supportive of, and Herzegovina, and Kosovo. These and helpful to, the prosecutor’s work efforts are primarily the results of vigor- previously, has recently publicly ac- ous efforts by Serbian civil society and cused the prosecutor’s office of intimi- organizations such as the Humanitar- dation of protected witnesses. Earlier, an ian Law Center, the Helsinki Committee arrest warrant issued by the prosecutor for Human Rights in Serbia, the Youth against a former Bosnian government Initiative for Human Rights and others. official was thrown out of a London It is organizations like these that have court on grounds of being politically led the way in championing initiatives motivated. In addition, there is a trou- like RECOM – a campaign to establish a bling apparent lack of willingness on regional truth commission to establish the part of the war crimes prosecutor to facts about all victims of the massive open or properly support investigations crimes committed in the former Yugo- against senior officials of the former slavia between 1991 and 2001. regime, who have been implicated as al- Moreover, the tireless advocacy of these leged co-perpetrators in the judgments groups have led to a process in which a of the International Criminal Court for number of war crimes trials were held the Former Yugoslavia. These are all in Belgrade’s District Court, including worrying signs for all who had high those against Serbian citizens for crimes hopes that Serbian judiciary has the ca- committed across the Serbian border. pacity and the intent to hold war crimes The work of these civil society groups in trials in accordance with international providing support to witnesses coming standards. from Croatia, Bosnia and Kosovo has The situation does not look much bet- been crucial to the success of a number ter on other fronts that are important of these prosecutions. for accountability and address victims. In another positive step, agreements Reparations to victims of crimes com- have been reached between the state mitted by Serbian forces are not even on prosecutor for war crimes of Serbia and the table. On the contrary, the law that 2 regulates the right of victims to repara- initiative is very welcome, as is the lan- tions dates back to Milosevic’s reign guage of support for war crimes trials in and stipulates that only the victims of its progress report on Serbia’s accession. “enemy forces” are entitled to reparations. This leaves out not only scores of However, the opportunity to fully inte- victims from outside Serbia who have grate transitional justice into the acces- suffered at the hand of its forces, but sion negotiations should not be missed also Serbian citizens like the families of by the EU. It is too important for both victims in Strpci case, for example. This Serbia and the EU itself. The rationale hardly sends a message that Serbia is for such a course of action is clear. The ready to abide by international prin- EU has been here before: its policy of ciples which call for victims’ right to a conditionality in relation to the coop- remedy and for reparations. eration of Balkan states with the ICTY was the principal catalyst for all fugi- Much remains to be done in the reform tives being transferred to the ICTY’s and of Serbian security sector and other state thus facing the bar of justice. This policy institutions. There are many officials proved that Serbia as well as other Bal- who have served in the former regime kan states can deliver on justice when it in positions of power, who retain sig- is clear that the EU so requires. nificant influence in state institutions today. One of the most blatant examples From another point of view, the inclu- is the ongoing presence of members of sion of transitional justice in the ac- the notorious Special Operations Unit cession talks is important for the EU (JSO) in the Witness Protection Unit, itself as it works to develop a Policy on which is mandated to provide security Transitional Justice. In addition, it has to witnesses and insiders testifying an extremely important role to play in about the crimes that JSO members, supporting transitional justice processes among others, have committed. What across the world. It should start by ap- kind of protection can such witnesses plying this policy in its own accession expect and what justice can victims ex- processes. This would send a clear signal pect from institutions manned by those of the EU’s position. Moreover, it would people? be difficult to imagine that the EU could Clearly, Serbia has much hard work to effectively champion these principles in do in these areas, but it is unlikely to other countries outside its union, such accomplish its tasks without the sup- as the countries of the “Arab Spring”, port and the pressure of the EU. The for example, if it chooses not to make EU’s continuing support for the RECOM them a priority at its doorstep. Send us your comments twitter.com/@FHPHLC #towardsJUSTICE [email protected] 3 [ news ] A state that their willingness to take initiative. The Ombuds- part in promoting the man’s representative also does not care initiative and suggested added that he was unable for war that the Office for Hu- to do anything to help the victims man and Minority Rights initiative in a personal should also be invited to capacity. The Ombudsman, the participate. In April 2013, Office for Human and representatives of the The fundamental rights Minority Rights and the HLC, the Deputy Ombuds- of civilian victims of war Commissioner for Pro- man and the director of and civilians disabled as tection of Equality have the Office for Human and a consequence of the war pulled out of the initiative Minority Rights agreed to in Serbia are regulated by for the adoption of a new set up an expert working the Law on the Rights of Law on Civilian Victims group in October 2013 to Disabled Civilian Victims of War, which would draft a new law, and the of War (‘Official Gazette recognise the rights of HLC undertook to prepare of the Federal Republic all the citizens of Serbia a comparative analysis of Yugoslavia’ no. 52/96). who were victims of war of the law and proposed The outdated provisions crimes and other grave amendments. In July 2013, of this law discriminate human rights abuses, The HLC completed its against a large number committed in connection analysis and submitted it of civilian victims of with the wars fought in to the Office and the Om- wars and human rights the 1990s. budsman. The only feed- violations committed in back the HLC had received connection with the wars, The Ministry of Labor, by February 2014 was that including the families of Employment and So- a review of its analysis was the missing, victims of cial Policy, the authority under way.

Load more