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Justice, reconciliation and EU integration in the Western Balkans: the legacy of the ICTY

Brussels (Residence Palace), 25.11.2008

Thursday 27 November 2008

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The European Policy Centre (EPC) organised together with the King Baudouin Foundation and the Compagnia di San Paolo this meeting to which they had invited Fausto Pocar, Judge of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia and experts from the DG Enlargement, the Humanitarian Law Centre in Belgrade and the International Centre for Transitional Justice.

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Fausto Pocar started his speech with the question: is a court of Justice the best solution ? The tribunal cannot go on forever. Consideration should be given to passing on cases to local Justice. It is not a question of escaping your responsibility in big cases, but the training of judges from the Balkans is important for the continuity of the law and justice.

Jan Truszczynski, who had guided his country (Poland) through the accession process to the European Union as Ambassador in Brussels, spoke as director general of the DG Enlargement on behalf of the European Commission. The Commission wishes to actually influence the democratisation process through projects. He gave an analysis of the situation respectively in Croatia, Bosnia-Herzegovina and Montenegro-Kosovo. The Commission has not the intention of giving a blank cheque, countries that wish to accede, have to meet the rules.

The Commission is prepared to provide funds for improving the capacity, the know-how and the training of judges. If Croatia accedes, the European arrest warrant will apply, but this will not resolve much in the region.

Ms Natasa Kandic of the Humanitarian Law Centre (HLC), which helps post-Yugoslavian societies to re-establish the rule of law, spoke about the lack of information. The ICTY has to communicate more with the local population.

Bert Van Caelenberg followed this session for our Serbian trade union “Justice Civil Servants” (The Autonomous Trade Union of Judiciary Employees in Serbia). They have to be informed of the intentions ICTY and EU have with regard to supporting the personnel through training and other initiatives.


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