| Title: | Investigating and prosecuting war crimes in the Western Balkans |
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| Authors: | ID Ivanović, Aleksandar R. (Author)
ID Soltvedt, Lars Petter (Author) |
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| Files: |  RAZ_Ivanovic_Aleksandar_R._2016.pdf (405,38 KB)
MD5: 75D258067E8BD02F7E5F64797CB272D6
PID: 20.500.12556/dkum/72b06487-e13a-46f0-adaf-8ae8d40a77a4
 https://www.fvv.um.si/rv/arhiv/2016-2/01_Ivanovic_Soltvedt_rV_2016-2.pdf
https://www.fvv.um.si/rv/arhiv/2016-2/01_Ivanovic_Soltvedt_rV_2016-2-E.html
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| Language: | English |
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| Work type: | Scientific work |
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| Typology: | 1.02 - Review Article |
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| Organization: | FVV - Faculty of Criminal Justice and Security
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| Abstract: | Purpose:
The aim of this paper is to present the situation regarding the detection and prosecution of war crimes in the Western Balkans, as well as to point out the main specifics or, better said, problems encountered by judicial authorities while dealing with these crimes.
Design/Methods/Approach:
The article is based on the current work of the judiciary and the prosecutor of the republics of Serbia, Bosnia and Herzegovina, as well as Croatia. We chose these three countries as the spatial framework for our research because during the civil wars in the Western Balkans most war crimes were committed on their territories. Through content analysis of existing domestic literature and our own survey research, the findings were comparatively analysed. In order to obtain further empirical and relevant information regarding the investigation and prosecution of war criminals in the Western Balkans, the methods of direct observation and analysis of the content of the judicial proceedings were applied.
Findings:
The work on detecting and prosecuting war crimes in attempting to provide evidence for use in criminal war crimes proceedings in the Western Balkans is a daunting task. This is because these crimes are both factually and legally of the most complicated sort, not the least in terms of their severity. Therefore, the research started by presenting the structure of the responsible governmental bodies conducting proceedings against war crime perpetrators in Bosnia and Herzegovina, Croatia, and Serbia. Special attention was paid to legal and practical problems in this field. The authors point to the many challenges making the detection and prosecution of these crimes both difficult and complicated. Thus, the aim of this article is to examine the aforementioned problems and, on the basis of analysis, contribute to building more effective legal and criminalistics methods for detecting and prosecuting war crime offenders in the Western Balkans.
Research Limitations / Implications:
The research results for the analysis of the investigative procedure and prosecution of war criminals in the Republic of Serbia, Bosnia and Herzegovina, and Croatia focus specifically on material collected regarding crimes committed in the period 1991 to 1999 only.
Practical Implications:
The research results can be used to develop a strategy for detecting and prosecuting war crimes by suggesting improved methods for gathering quality personal and material evidence in the Western Balkans. In addition, the paper provides information for practitioners and theorists outside of the Western Balkans currently dealing with issues related to such crimes. By familiarising themselves with the research findings herein, they will be able to expand their knowledge and use it as a basis for new research in this field. Lawmakers can also benefit from the results and make necessary amendments to the legislation and regulations of criminal procedures in the Republic of Serbia, Bosnia and Herzegovina, and Croatia to enhance the efforts in the area of countering war crimes. Further, by identifying the problems of conducting and processing investigations in the region, and by stressing the restricted prosecutorial resources, including the limited number of specialised prosecutors of war crimes, crimes against humanity and genocide, the shortage of prosecutors and support staff, as well as the lack of specialisation and expertise among defence counsel the findings of this research can contribute to the curriculum for the education of future lawyers (prosecutors, investigators, judges etc.) in this field.
Originality/Value:
The originality of this paper is reflected in the empirical study of procedures related to investigating and prosecuting war criminals in the Western Balkans. This approach explores the challenges associated with a variety of issues. As such, it may also provide valuable information to be used in creating new methodologies for detecting and gathering evidence in legal and criminalistics practice. Lastly, it can serve as a basis for other research in the field. |
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| Publication status: | Published |
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| Publication version: | Version of Record |
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| Year of publishing: | 2016 |
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| Number of pages: | str. 133-159 |
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| Numbering: | Letn. 18, št. 2 |
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| PID: | 20.500.12556/DKUM-76144  |
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| UDC: | 341.322.5 |
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| ISSN on article: | 1580-0253 |
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| COBISS.SI-ID: | 3154410 |
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| NUK URN: | URN:SI:UM:DK:SV9PYEZX |
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| Publication date in DKUM: | 20.04.2020 |
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| Views: | 1015 |
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| Downloads: | 58 |
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| Metadata: |    |
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| Categories: | Misc.
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