Motion for a Resolution by the Committee on Legal Affairs

Lessons from tragedy: The International Criminal Tribunal for the former Yugoslavia that
dealt with war crimes that happened in the Balkans since the 90s is ending this year.
Considering the gravity of the crimes in question, such as the massacre in Srebrenica that
has been proclaimed a genocide by the ICTY, what are the lessons to be learned in order
to ensure fair and effective trials to follow within the Tribunal for Kosovo, formed early
this year?

Klenke Kaja (DE), Montaruli Anna (IT), Spaho Nejra (BiH), Basok Nina (UA), Tripalo
Vanja (CZ), Mayr Hanna (AT), Ceman Edvin (LU/AT - Chairperson )

The European Youth Parliament,

A. Perturbed that several crimes, such as massacres, concentration camps, organ

trafficking and involvement of child soldiers in armed conflict, have not been put on a

trial during the International Criminal Tribunal for the former Yugoslavia1 mandate,

B. Concerned by the noncooperation of witness with the Special Prosecutor's Office and

therefore the lack of testifiers as they fear severe consequences,

C. Noting that the judges are selected carefully by the Kosovo Specialist Chamber &

Specialist Prosecutors Office2 (KSCSPO) but not adequately informed and briefed

about the stances the different ex-yugoslav countries on the Kosovo war3,

D. Taking into account that foreign international judges can be biased or uninformed on

domestic issues4,

1
The International Criminal Tribunal for the former Yugoslavia (ICTY) is a United Nations court of law
dealing with war crimes that took place during the conflicts in the Balkans in the 1990s.
2
The Kosovo Specialist Chambers and Specialist Prosecutors Office are part of the judicial system of Kosovo.
The Chambers are attached to each level of the Kosovo court system. They were established by a Constitutional
Amendment and a Law adopted by the Kosovo Assembly to conduct trials for allegations stemming from the
2011 Council of Europe report, which alleges serious violations of international law.
3
A majority of Serbs and Croats have expressed doubts regarding the ICTY's integrity and question the
tenability of its legal procedures.
 E. Considering that the idea of having foreign judges in order to have fair and objective

trials is being criticised by parts of the population of the former Yugoslavia because

of the lack of :

a. understanding of the mentality and mindset of locals,

b. cultural similarity among them,

F. Noting with regret that through the full funding of the European Union can influence

the decision-taking, organising and application process of the judges;

1. Recommends a cooperation between the WITSEC5 and the Special Prosecutors

Office to ensure safety of witnesses and enlarge the sources for trials;

2. Calls upon the KSCSPO to give the judges a proper training before the trial starts on

the Kosovo law system, the general timeline of the war and the general perception of

war among ex-yugoslav peoples;

3. Recommends an assistance from the European Union Rule of Law Mission in Kosovo

(EULEX)6 to select the judges, as they have contact to experienced judges concerning

international war crimes7;

4. Proposes a media campaign to inform the public about the Tribunal for Kosovo and

the current situation of Kosovo and the difficulty of approach;

4
Critics have questioned whether the Tribunal exacerbates tensions rather than promotes reconciliation, as is
claimed by Tribunal supporters. Polls show a generally negative reaction to the Tribunal among both Serbs and
Croats.
5
Witness Security Program - The U.S. Marshals Service provides for the security, health and safety of
government witnesses, and their immediate dependents, whose lives are in danger as a result of their testimony
against drug traffickers, terrorists, organized crime members and other major criminals.
6
EULEX is fully dedicated to the inclusion of human rights as well as a gender perspective and gender-
mainstreaming standards in all of its activities, both within the Mission and while working with Kosovo
institutions.
7
Law on ratification of the international agreement between the republic of Kosovo and the European Union of
the European Union Rule of Law Mission in Kosovo
5. Suggests lifestreams of trials in order to give the public the possibility of having

insight in the courts procedures and its way of acting, in order to boost confidence in

the judgements produced;

6. Invites the EULEX to propose the judges while the final decision is to be taken by the

KSCSPO in order to improve cooperation;

7. Calls upon the transparency of the judges and the court by publishing all material

used, such as for example the notes from judges and documents from stenographer.