Practice Relating to Rule 158. Prosecution of War Crimes
Serbia’s Law on Organization and Competence of Government Authorities in War Crimes Proceedings (2003) states:
This Law shall apply in detecting, prosecuting and trying:
(2) serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991, stipulated in the Statute of the International Criminal Tribunal for the former Yugoslavia.
The government authorities of the Republic of Serbia set out under this Law shall have jurisdiction in proceedings for criminal offences specified in Article 2 hereof, committed on the territory of the former Socialist Federative Republic of Yugoslavia, regardless of the citizenship of the perpetrator or victim.
Serbia’s Criminal Code (2005) states:
(1) Whoever during time of war or armed conflict orders the employment of means or methods of warfare that are banned under rules of international law, or who uses such means or methods, shall be punished by imprisonment from two to ten years.
(2) If the offence specified in paragraph 1 of this Article results in the killing of a number of persons, the offender shall be punished by a minimum of five years imprisonment [up to a maximum of] thirty to forty years’ imprisonment.