Chief Prosecutor Serge Brammertz urges for Renewed Regional Cooperation in War Crimes Prosecution at Western Balkans Conference
The Hague, 20 September 2024 — Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (IRMCT), participated in the annual conference of war crimes prosecutors from the Western Balkans, held in Podgorica, Montenegro, on 17-18 September.
Brammertz began by expressing gratitude to the European Union for its financial support of the conference, organized by the UNDP, and for backing the joint EU-IRMCT initiative aimed at bolstering war crimes justice in the region. He acknowledged the European Union’s critical role in combating impunity and fostering reconciliation.
This year marks the 20th anniversary of the first gathering of regional war crimes prosecutors in Palić, Serbia. Brammertz recalled that from the outset, it was clear that successful war crimes prosecution relied on robust regional cooperation. The key challenge has remained unchanged: many perpetrators live in countries different from where they committed their crimes and cannot be extradited. Prosecutors must, therefore, collaborate, share evidence, and transfer cases to ensure justice is served.
Reflecting on the past two decades, Brammertz lamented that initial optimism had not fully materialized. After some progress, cooperation regressed, hindered by political interference and government decisions that chilled prosecutorial efforts. In some cases, cooperation between countries is virtually non-existent, with trials in absentia and many perpetrators still evading justice.
However, Brammertz pointed to recent positive developments, particularly among Bosnia and Herzegovina, Serbia, and Montenegro. Prosecutors have begun exchanging evidence and transferring cases, including those involving senior and mid-level officials. Some governments have taken steps to ease tensions, such as Serbia’s decision to suspend the arrest of Bosnian citizens on war crimes charges.
Brammertz called on the assembled prosecutors to renew their commitment to cooperation. He highlighted the urgent need to address approximately 400 war crimes suspects identified by Bosnian prosecutors, most of whom reside in Croatia and Serbia. During his recent visits, Brammertz discussed this issue with senior officials from both countries, who agreed to process the transferred cases. He expressed confidence that the Croatian State Attorney’s Office and Serbia’s War Crimes Prosecutor’s Office would prioritize these cases and issue indictments where appropriate.
The annual conference, Brammertz emphasized, offers a valuable platform for war crimes prosecutors to update one another on their work, share experiences, and tackle common challenges, particularly regarding conflict-related sexual violence cases. Discussions this year focused on enhancing prosecutorial cooperation and improving the transfer of evidentiary materials.
In closing, Brammertz reminded his colleagues that victims and survivors have high expectations for justice. They are counting on the prosecutors to pursue accountability for those responsible for war crimes.
Following high-level meetings in Montenegro, Brammertz is set to visit Bosnia and Herzegovina next week to continue discussions on war crimes justice in the region. He will present his next report to the UN Security Council later this year.
