New amendments to the Law on Cooperation with the Hague Tribunal

18 April 2003

In a Parliament session held on Monday, the Federal parliament deputies adopted the modifications of Cooperation with the Hague Tribunal Law. New modifications enable extradition of Serbian and Montenegro citizens to the Hague Tribunal regardless of the time period when accusation was betaken.

The new law, which regulates cooperation between Serbia and Montenegro federation and the International Tribunal for criminal prosecution of persons responsible for heavy outrage of international humanitarian law committed on the territory of Ex-Yugoslavia from 1991, voted 77 deputies.
This law sets cooperation modalities with the international Hague tribunal, and also the commitments, which derives from the obligations according to the UN Security Council Resolution No. 827 and the International Tribunal Statute.

The first Article of the new law states that Serbia and Montenegro State Union will respect and convoy decisions made by the Hague Tribunal and will provide all legal assistance to all it�s agencies.

Article 27, which is the new and improved key issue in this new law, states that from now on, all persons that committed war criminal acts covered by the jurisdiction of the International crime tribunal will be prosecuted and delivered to this Court regardless of the time period when the accusation has been upraised and confirmed in the Hague.

Goran Svilanovic, minister of foreign affairs, motivating the Law proposal, said that the adopted Law is very important because it deals with the most sensitive political topic in the State that is cooperation with The Hague Tribunal that led to the serious political confrontation.

The proposal of changing the present Law about cooperation with The Hague anticipates one additional improvement included in Article 11. Witnesses and suspected individuals are released from the obligation to preserve military or State secret. The relative decision belongs to the Federal Ministry Council apropos Government of the participating State. Until now, according to Mr. Svilanovic, 149 persons have been relieved from the obligation of keeping military and state secret and they can testify in the Tribunal processes.

Speaking about the Hague Court practice, minister Svilanovic said that there are 35 investigations in progress. From that number, 6 or 7 processes are against citizens of Serbia and Montenegro. Investigative process should be ended by the end of 2004, while the end of work of The Hague Crime Tribunal is planned for 2008. According to Mr. Svilanovic, the fact does not restrain our judicial system to conduct war crime processes in the Courts of Serbia and Montenegro. Opposition deputies voted against this new Law.