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          • Year: 2002
          • Compendium of Yugoslav Laws on the Security Sector Human Rights and Democratic Oversight Aspects

          • This analysis aims to point to the major deviations in the FRY and Serbian constitutions from the accepted democratic and hu-man rights standards; it encompasses national defence and security regulations of the Yugoslav Army (VJ) and military judiciary. The analysis will attempt to show that the biggest legislative problems lie in violations of democratic standards, with possible human rights violations as a secondary problem.

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          Research for this book was undertaken as part of a broader project deriving from the mandate that the Geneva Centre for the Democratic Control of Armed Forces (DCAF) and the East-West Institute (EWI) received from FRY President Kostunica and the Serbian government of Prime Minister Djinjic early in 2001 to assist them in preparing for comprehensive security sector reform aimed at overcoming the legacy of Milosevic.

          Over the course of the year, DCAF and EWI crafted a cross-disciplinary, multi-dimensional approach to assessing FRY and Serbia’s requirements for reform of the defence, policing, internal security, intelligence and border control structures. In order to assist in reform of the legal framework governing the various security structures, DCAF and EWI commissioned the collection, summary, translation, and analysis of key legal texts relating to the democratic control of the security sector at both the federal and republic levels.

          Professor Vojin Dimitrijevic of the Belgrade Centre for Human Rights and Professor Miroslav Hadjic of the Centre for Civil-Military Rela-tions were key participants in the process of identifying critical areas for reform, and in shaping the concrete recommendations that were finally delivered to President Kostunica and Prime Minister Djinjic in December 2001.

          The state clearly has a vital and defining role in ensuring the security of society. However, state prerogative in the sphere of defence and security may be subject to abuse. This book effective-ly highlights the various constitutional and legislative inconsistencies, conflicts and deficiencies that facilitated misuse of the security structures under the Milosevic regime.

          What this book also makes clear is that in post-Milosevic Yugoslavia, correctives to the many problems in the constitutional and legislative frame-work outlined in this authoritative volume are necessary to better insure against misuse of the security apparatus in the future.

          The excellent work already undertaken by Prof. Dimitrijevic and Prof. Hadjic, and their respective centres, inspires confidence that Yugoslav civil society will continue to play a vital role both in safeguarding respect for human rights, and in the effective reform, democratic control, and accountability of the security sector.

           

          CONTENTS

           

          HUMAN RIGHTS AND YUGOSLAV LEGISLATION ON THE SECURITY SECTOR - Introduction - Marina Caparini

          YUGOSLAV MILITARY LEGISLATION: HARMONISATION WITH HUMAN RIGHTS STANDARDS AND THE PRINCIPLES OF DEMOCRACY - Foreword - Vojin Dimitrijević

          CONSTITUTIONAL DETERMINANTS OF THE DEFENSE AND THE ARMED FORCES

          THE LAW AND SUB-LEGAL ACTS ON DEFENSE

          THE LAW AND SUB-LEGAL ACTS ON THE ARMY OF YUGOSLAVIA

          THE LAWS AND SUB-LEGAL ACTS ON MILITARY COURTS AND MILITARY PROSECUTOR

          THE LAW ON MILITARY SCHOOLS AND MILITARY RESEARCH CENTERS

          THE LAWS AND SUB-LEGAL ACTS OF THE REPUBLIC OF SERBIA ON DEFENSE

          THE LAWS AND SUB-LEGAL ACTS ON SECURITY SERVICES AND INTERNAL AFFAIRS

        • Tags: Law, Yugoslavia, Security sector, human rights, democratic oversight, Miroslav Hadžić
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