Model-Strategy-for-the-Prosecution-of-War-Crimes-Committed-during-and-in-relation-to-the-Armed-Conflicts-in-the-Former-Yugoslavia_za-web

law before local courts, and the constant evolution of this branches of law. The Law on the Prosecutionof War Crimes does not establish a criterion of expertise for attorneys in the subject of internationalhumanitarian law and international criminal law as a precondition for acting as defence counsel incases of war crimes. The conditions for the defence counsel appointed by the court are 10 years ofexperience in the field of criminal law and a certificate on the understanding of human rights law.Besides these problems, the accused also deal with problems in the financing of a competent defencecounsels. Defence in cases of war crimes is one of the most expensive, due to the complexity of criminallaw relating to war crimes and due to the severe punishments prescribed for these acts. Very oftenthe accused withdraw the power of attorney issued to the defence counsel of their choosing during thecourse of the proceedings, because they are no longer able to pay for the defence.The defence of the accused is not in an equal position when compared to the OWCP with regard to theacquirement of evidence outside the territory of Serbia. While the OWCP has signed memoranda ofunderstanding on direct cooperation with prosecution offices of the same competences in the region,defence lawyers are advised to undertake long-lasting international legal aid procedures or to acquireevidence on their own.General objective: Standards of defence in cases of war crimes is improved.Specific objective no.1: Improved professional capacities of defence counsel in cases of war crimes.Activities:28a) The Ministry of Justice shall form a task force consisting of representatives of this Ministry, theBar Association of Serbia, the Lawyers Chamber of Belgrade, the Higher Court Departmentand experts from the requisite areas of interest, who will prepare a draft law on amendments tothe Law on the Prosecution of War Crimes, which would introduce two cumulative conditionsfor defence counsel acting in cases of war crimes, acting in the capacity of counsel for theaccused choosing or as appointed counsel – the condition of expertise and the condition ofknowledge; the amendments will also envisage establishing a special body of professionals– a Department for criminal defence in war crimes cases, which would be responsible forthe verification of the conditions met and the implementation of programmes necessary forfulfilling the condition of knowledge;b) The same task force, with the participation of experts of requisite profile, shall also prepare adraft document with the amendments to the Rules for the systematization and organizationof the Ministry of Justice, which will establish the Department for criminal defence in warcrimes cases, as part of the Ministry of Justice Judicial Department, and also the Rules ofprocedure for this body; the Department for criminal defence in war crimes cases shall havethe following powers: i) to provide legal and administrative support to defence counsel incases of war crimes; ii) to determine criteria for fulfilling the conditions related to knowledgeand expertise, and to verify fulfilment of these conditions by defence attorneys; iii) to designand organize professional training for attorneys who intend to represent in cases of warcrimes, for the purpose of fulfilling the condition of knowledge; iv) to organize other trainingprogrammes; v) to execute other tasks important for the improvement of the standard ofcriminal defence in cases of war crimes;c) The President of the Higher Court in Belgrade shall render a decision on the assignment to theHumanitarian Law Center