Mr. Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals (Mechanism), visited the Republic of Montenegro from 16 to 19 September 2024, as part of preparations for his regular biannual report to the UN Security Council (UNSC).
The Prosecutor held high-level meetings with the President of Montenegro, H.E. Jakov Milatović, the Prime Minster, H.E. Milojko Spajić, the Minister of Foreign Affairs and Deputy Prime Minister, Ervin Ibrahimović, the Minister of European Integration, Maida Gorčević, the Minister of Justice, Bojan Božović, the Supreme State Prosecutor, Milorad Marković, and the Special State Prosecutor, Vladimir Novović. The Prosecutor also met with the Ambassador of the European Union, Johan Sattler, as well as other members of the diplomatic community.
In his meetings, Prosecutor Brammertz welcomed the new dynamic in Montenegro with respect to war crimes justice. He recognized the whole of Government approach to this important topic, which reflected broad political support. He further expressed his satisfaction with the excellent cooperation between the Office of the Prosecutor (OTP) and the Special State Prosecutor’s Office (SSPO). Prosecutor Brammertz noted that there are high expectations now for results in investigations and prosecutions and expressed his trust that these expectations will be met. In this regard, the SSPO’s human resources urgently need to be increased, as set out in the National War Crimes Strategy.
Prosecutor Brammertz provided information on the assistance the OTP has provided to the SSPO. The OTP reviewed its evidence collection, which comprises more than ten million pages of material, and identified a number of Montenegrin nationals suspected of participating in war crimes, including grave crimes of sexual violence. The relevant evidence was analyzed and handed over to the SSPO. The OTP and SSPO then established a joint task force to move forward the necessary investigations. One indictment has already been filed, and it is anticipated that further indictments will be forthcoming. It was agreed that the OTP and SSPO will continue their close operational cooperation on additional war crimes cases. The OTP further stands ready to provide expert training and share its expertise.
In all meetings, Montenegrin interlocutors recognized the strong partnership between Montenegro and the OTP. They reaffirmed Montenegro’s commitment to achieving justice for war crimes committed during the conflicts in the former Yugoslavia. In this regard, they welcomed the assistance provided by the OTP to the SSPO and other Montenegrin authorities, and expressed their wish that this cooperation be further strengthened. Montenegro recognizes the value of support from the OTP to secure further justice for the victims of war crimes and make progress in negotiations for its accession to the EU.
Prosecutor Brammertz was briefed on Montenegro’s positive Interim Benchmark Assessment Report, as well as the recently-adopted National War Crimes Strategy. While important steps have already been achieved, it was underlined that more work remains to be done, with the rule of law a particular area of intense focus. In this regard, the National War Crimes Strategy sets out needed steps to ensure progress in war crimes investigations and prosecutions, the most important of which are strengthening resources and capacities in the Special Prosecutor’s Office and Special Court. The OTP’s assistance to the implementation of the National War Crimes Strategy will be critical.
Prosecutor Brammertz was also informed that the OTP’s recommendation to amend the Criminal Procedure Code to allow for the admission of evidence from the OTP had been adopted. Additional reforms were discussed, and it was agreed that the OTP would submit a corresponding proposal.
Regional cooperation and reconciliation were also discussed. Prosecutor Brammertz noted Montenegro’s positive approach to cooperation with other countries in the region on war crimes matters, particularly with Bosnia and Herzegovina. Opportunities for further improving cooperation with Croatia were also identified, which the OTP can support. Montenegrin interlocutors emphasized their strong commitment to positive neighborly relations and building trust between all communities. In this regard, it was agreed that justice for war crimes is essential to promote reconciliation and progress forward, while countering the denial and glorification that drag societies back to the past.
Prosecutor Brammertz visited Croatia and Serbia earlier this month, and will visit Bosnia and Herzegovina next week for additional discussions concerning war crimes justice in the region.
Prosecutor Brammertz will present his next report to the UNSC later this year.
