Media Reports: Serbia Will No Longer Prosecute Croatian Citizens

Details emerge of an agreement between Croatia and the European Commission on unblocking Serbia’s EU negotiations.

In war crimes trials, Serbia must avoid a conflict of jurisdiction between states. Also, Serbia must fully cooperate with the ICTY and implement all of its decisions and judgments, and in the treatment of minorities Belgrade must comply with national and international obligations. These are provision on an agreement reached between Croatia and the European Union which enabled Serbia to get a green light for the opening of Chapter 23 of its accession negotiations with the EU, reports Večernji List on May 27, 2016.

Although these are very diplomatic formulations, they show that Croatia has managed in its intention to force Serbia to change some of its policies.

The first point of disagreement was Serbia’s claim to the so-called regional jurisdiction, which meant the prosecution of war crimes committed in the territory of the entire former Yugoslavia. With its controversial law on war crimes, Serbia claimed jurisdiction to prosecute Croatian citizens for crimes committed on Croatian territory, although proceedings against them were led in Croatia as well.

The text of the decision, according to media sources, says that the European Union emphasizes regional cooperation and good neighbourly relations in the prosecution of war crimes, including the goal of avoiding a conflict of jurisdictions, and calls for prosecution of all war crimes without discrimination. Avoiding the conflict of jurisdictions, which is highlighted by the EU, in practice means that Serbia must abandon regional jurisdiction.

Another point, cooperation with the Hague Tribunal, is referred to in the text as the key issue, and includes the full recognition and enforcement of decisions and judgments of the Court. This sends a message to Serbia that the latest incident, when it refused to extradite three officials of the Serbian Radical Party, will not be tolerated.

The third point – protection of Croatian minority and insisting on the implementation of the Agreement on the Protection of National Minorities which Serbia signed with Croatia – is addressed in the text with the wording which states that the EU stresses the importance of respect and full protection of minorities in accordance with the Copenhagen criteria. The European Union takes into account legal and institutional framework and demands effective implementation of Serbia’s national and international obligations, says the text of the decision which will be discussed by the EU members states next week.

 

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