The historical backdrop of the Western Balkans is one marked by conflicts that affected many lives. Repercussions of these events have profoundly influenced the region's economic and political trajectory. Institutional systems in the Western Balkans still have a way to go to transform the rights of victims into reality.  

When we talk about 'victims' we mean all those who have endured hardships and crimes - gender-based violence, human trafficking, murder and armed robbery, or severe injuries. It also includes those with significant needs, such as persons with disabilities, victims of multiple crimes or members of minority groups. Unfortunately, many of these people remain unseen and unheard, without the rights or legal support systems they desperately need.  

We need compassionate psychosocial assistance to help victims heal from their trauma. They need clear, accessible legal advice to navigate the often-bewildering complexities of the institutional systems as they seek reparation and justice. Moreover, they need ongoing help to rebuild their lives, transitioning from victims to empowered survivors.

Each moment of inaction is a moment too long for those who have already endured so much. One of the proven effective ways to help them is through regional cooperation, creating a united front to combat impunity and guarantee equal rights. This imperative extends beyond the region’s aspirations for EU integration – it's simply an essential thing to be done.

Building on past cooperation

In October 2023, over 40 professionals and practitioners who work with victims of crimes across the Western Balkans (Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia) gathered in Skopje to exchange experiences on the judicial victim and witness support services.

They were building on good practices of regional cooperation that began with efforts to address war crimes. The shared experiences and strategies initially developed to support war crimes victims have laid a foundation for broader cooperation, demonstrating that collective regional action can enhance victims' rights and support systems within each jurisdiction. Experts from Croatia participated as observers and shared their experiences from the perspective of an EU Member State.    

In practical terms, cross-border cooperation between judiciaries in the Western Balkans can significantly benefit victims:  

• Judicial victim support services can share information about individual victims that might be testifying in another jurisdiction. Jointly approaching them and providing psychological support may spare them potential re-traumatization and unnecessary distress.  
• Judges and prosecutors from different jurisdictions should protect the identities of witnesses, ensuring that sensitive information is securely handled cross-border and victims' safety, confidentiality and privacy are maintained.  
• For those unable to travel across borders, enabling victims and witnesses to testify via video link provides a safe and accessible means to participate in legal proceedings without stress and potential danger of traveling. By working together, jurisdictions can make this technology widely available.

Lessons from the EU systems of victims’ support  

Victims’ rights are a novelty even in the legal systems of most EU Member States. Support initiatives are usually developed at the grassroots level and primarily delivered by the civic sector. There are limited resources available, and they tend to be allocated to causes that are most visible to the public, such as gender-based violence, trafficking or child victims. This fragmented approach leaves the victims of other serious crimes uncovered.  

Many EU Member States started shaping comprehensive systems with the 2012 directive which establishes minimum standards on the rights, support and protection of victims of crime.

Croatia, for example, now has a rather well-developed national victim support system for all victims of all crimes, coordinated by a specialized Victim and Witness Support Office within the Ministry of Justice. It has a single national victim support helpline that operates 24/7, victim support offices within each Regional Court that support victims in criminal justice proceedings, and a sustainably-funded national NGO network that delivers services to all victims – regardless of whether they decide to report a crime or not.  The system is complemented by an extensive range of specialized services for victims of gender-based violence, sexual crimes or trafficking, but all crime-related services remain available to anyone in need.  

The EU directive and, closer to home, Croatia’s experience, can be a guide for other Western Balkan countries.

Western Balkans embrace the challenge of victims’ rights  

Despite the substantial work that lies ahead in this domain, the region demonstrates willingness and determination to embark on the challenge of providing appropriate support to victims of crimes.  

Serbia’s recently adopted Victims’ Rights Strategy aims to deliver a system quite similar to the Croatia’s, but the implementation is lagging behind. A limited effort to support victims of war crimes is being made through pioneering efforts of the Special Prosecutor and Special Chambers of the Higher Court of Belgrade, who work with limited resources but manage to make a difference for many victims every year.  

Bosnia and Herzegovina made a significant effort to ensure that at least victims of war crimes receive support in criminal justice proceedings. With its infrastructure and resources, the Court of Bosnia and Herzegovina is unique in its capacity to respond to the needs of victims of war crimes (and some other severe crimes, such as human trafficking) not only in its own jurisdiction but also in the region.  Victims from anywhere in the region can receive psychological support, and they are all treated equally under this system. The court has mechanisms in place to protect victims from re-traumatization and secondary victimization, including facilities designed to prevent them from facing perpetrators.

Kosovo has developed numerous responses, including a network of victims’ advocates who operate within the prosecution and are available to support all victims who report crimes to the police. Kosovo has set up a broadly ranging system of identification and indemnification for victims of conflict-related sexual violence and a broad compensation system for all victims of crimes. However, there are concerns regarding implementing the compensation system:  victims are not familiar with the system, the amounts are capped at relatively modest levels, and the system requires that victims first attempt to get compensation from the offender.

Montenegro and North Macedonia are still only providing limited support, relying on NGOs and working only with certain groups of victims. In North Macedonia, the drafting of new legal solutions in the criminal-legal area has intensified, and efforts are being directed toward better alignment with the EU’s Directive establishing minimum standards. In Montenegro, a new Criminal Procedure Code requiring victim support offices to be set up within the judiciary should be adopted shortly, but has not yet.  

The urgency for action – developing national frameworks

Our regional conference in Skopje united a group of highly dedicated professionals; their personal dedication and knowledge should not be mistaken with the level of the system’s functionality. But Western Balkan countries aspiring to EU membership will need to enhance their collaboration to develop stronger laws and support systems for victims.  

This requires national frameworks that assist all victims of all crimes. Support should be available before, during and after trial processes. Jurisdictions can work together to develop joint training programs for judges, prosecutors and victim support staff to ensure they are well-equipped to address victims' needs. They should also establish cross-border mechanisms for sharing information and evidence, which helps protect victims' identities and ensures that victims do not have to testify repeatedly.  Jurisdictions can collaborate to set up a network of victim support services, including 24/7 helplines and online platforms, allowing victims to access help regardless of their location.  

The Regional Experience Sharing Conference of Judicial Victim and Witness Support in Skopje was held as part of the regional project EU Support to Confidence Building in the Western Balkans. The project increases accountability for war crimes in the region, including regional judicial cooperation and support to victims, and enhances dialogue within societies and between ethnic groups about crimes committed during the 1990s with the vision of achieving sustainable peace in the Western Balkans.  

* For the European Union, this designation is without prejudice to position on status and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence. For UNDP, all references to Kosovo shall be understood in the context of the UN Resolution 1244/1999.

The contents of this blog post are the sole responsibility of UNDP and do not necessarily reflect the views of the European Union.