Croatia's Argument Rejected: Serbia Can Arrest BiH and Croatian Citizens Suspected of Crimes

The European Commission believes that the issue of Serbia's universal jurisdiction law for war crimes should not be a condition for opening negotiations in Chapter 23 between Serbia and the EU.

This means that Serbia's law, according to which Serbia can arrest citizens of Bosnia and Herzegovina and Croatia suspected of war crimes in the territory of former Yugoslavia, remains in effect, writes Patria.

Based on this Serbian law, the trial against the wartime commander of the Army of RBiH, Naser Orić, is being conducted before the Court of Bosnia and Herzegovina, even though the Hague Tribunal had previously acquitted him of responsibility for crimes against Serbs in Srebrenica. According to this Serbian law, the retired general of the Army of RBiH, Jovan Divjak, Ilija Jurišić, and a member of the wartime Presidency of the Republic of Bosnia and Herzegovina, Ejup Ganić, were also previously arrested.

Croatia did not give the green light for the opening of Chapter 23 Justice and Fundamental Rights in the EU accession negotiations with Serbia. Official Zagreb demands that Belgrade abolish regional jurisdiction for war crimes, ensure the rights of the Croatian minority in Serbia, and achieve full cooperation with the Hague Tribunal.

Hina writes that the European Commission did not satisfy the Croatian side. In an internal document of the European Commission that leaked to the public, it is stated that Serbia's Law on the Organization and Competencies of State Bodies in War Crimes Proceedings, which declares Serbia competent to conduct proceedings for war crimes committed on the territory of the former SFRY regardless of the nationality of the perpetrators or victims, "does not violate the sovereignty" of the countries of former Yugoslavia and does not interfere in the internal affairs of those countries.