International Organisation for Migration Report: Reparations for Wartime Victims in the Former Yugoslavia. In Search of the Way Forward

The core objective of this Report is to facilitate discussions and political decision-making about reparations for victims of international crimes committed during the war in former Yugoslavia. It is the outcome of a project initiated by the Office of the President of the ICTY, with the aim of developing a set of concrete recommendations or suggestions on this issue.

Part I reviews the current status of the “reparations issue,” including the principal expectations and prospects for future action. Many (if not most) victims of international crimes committed during the Yugoslav wars have remained without an effective remedy. In the view of those consulted by IOM, full reconciliation remains impossible without a holistic and integrated way of dealing with the wartime past, including access to an effective remedy for all victims, for the violations they suffered from. This implies the establishment of a dedicated procedure and process, i.e. a reparations program.

Part II identifies the critical issues and topics that stakeholders need to consider when giving shape to a comprehensive reparations effort.

Part III discusses the process that could lead to the establishment of a comprehensive reparations effort. To increase the chances of success, such process would need to be participatory, inclusive and transparent. Gender considerations are also critical for a process that wants to create a genuinely victims-centered reparations effort.