Description:
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This report first examines the institutions responsible for the investigation and subsequent prosecution of war crimes at the Special War Crimes Court (SWCC) in Belgrade ; analyses the legal framework under which indictments are brought, and finds that they fail to meet international standards ; illustrates, through selected cases, how shortcomings in both the legal and institutional framework may lead to impunity, including
the lack of any investigation based on command responsibility, crimes against humanity or war crimes of sexual violence ; Amnesty International identifies the shortcomings within the systems established for witness protection and support, and which the organization considers to fail the victims and witnesses in proceedings at the SWCC ; the rights of civilians are further considered and focuses on the absence of
effective mechanisms in law and in the civil courts, which deny victims access to reparation. Finally, Amnesty International calls on the government of Serbia to publicly demonstrate the political will to end impunity for crimes under international law; without that political will impunity
is likely to flourish. |