Summary

Non-signatory Serbia acknowledges the humanitarian concerns raised by cluster munitions, but has not taken any steps to join the Convention on Cluster Munitions. Serbia has participated as an observer at meetings of the convention, most recently in May 2022. However, it abstained from the vote on a key United Nations (UN) resolution promoting the convention in December 2021.

Serbia possesses cluster munitions that it inherited from the break-up of the former Yugoslavia, but has not shared information on the types or quantities stockpiled. Cluster munitions were used by Yugoslavia, ethnic militias, and secessionist forces during the conflicts that resulted from the break-up of Yugoslavia in the 1990s. North Atlantic Treaty Organization (NATO) forces used air-dropped cluster munitions in Serbia during the 1998–1999 conflict over Kosovo.

Policy

The Republic of Serbia has not acceded to the Convention on Cluster Munitions.

Serbia has acknowledged the humanitarian concerns raised by cluster munitions, but has not taken any steps to accede to the convention.[1] Serbia’s Ministry of Foreign Affairs has generally supported the convention, while the Ministry of Defense has rejected calls for Serbia’s accession.[2] For example, in 2015, the Minister of Defense said the government could not consider ratifying the convention before it acquires new weapons to replace its stockpiled cluster munitions.[3]

Serbia played a leadership role throughout the Oslo Process that created the Convention on Cluster Munitions, most notably by hosting a major international conference for states affected by cluster munitions in Belgrade in October 2007.[4] Serbia actively participated in the formal negotiations in Dublin in May 2008 and joined in the consensus adoption of the convention text.

Despite playing an important and influential role in the diplomatic process, Serbia attended the Oslo Signing Conference in December 2008 only as an observer and did not explain why it was not signing the convention. Local media reported that internal actions directed at signing the convention halted after the General Staff of the Serbian Army recommended to the National Security Council that Serbia not join it.[5]

Serbia has participated as an observer at the convention’s meetings, including the Second Review Conference held in November 2020 and September 2021.[6] Serbia also attended the convention’s intersessional meetings held in Geneva in May 2022.

In December 2021, Serbia abstained from the vote on the annual United Nations General Assembly (UNGA) resolution urging states outside the Convention on Cluster Munitions to “join as soon as possible.”[7]

Civilian harm from the use of cluster munitions in Ukraine in 2022 has attracted Serbian media coverage and drawn attention to Serbia’s lack of participation in the convention.[8]

Civil society representatives in Serbia, particularly cluster munition survivors, have advocated for Serbia to accede to the Convention on Cluster Munitions without delay.[9]

Serbia is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons (CCW).

Production

In 2011, the Ministry of Defense stated that Serbia “is not a producer of cluster munitions.”[10] Previously, in 2009, Serbia said that it lacked the capacity to produce cluster munitions and had not produced them since the dissolution of the former Yugoslavia.[11] Serbia may have inherited some production capabilities, according to standard reference works.[12] In the past, several Serbian companies have advertised surface-to-surface rocket launchers, rockets, and artillery that could be used with either unitary warheads or submunitions.[13]

Transfers and stockpiling

The precise size and composition of Serbia’s stockpile of cluster munitions is not known, but it is comprised of air-delivered cluster bombs, ground-launched rockets, and artillery projectiles.

Serbia’s stockpile contains cluster munitions produced by the former Yugoslavia, such as 120mm M93 mortar projectiles (containing 23 KB-2 submunitions), 152mm 3-O-23 artillery projectiles (containing 63 KB-2 submunitions), and 262mm M87 Orkan surface-to-surface rockets (containing 288 KB-1 submunitions). The KB-series submunitions are of dual-purpose improved conventional munition (DPICM) type. Serbia may also possess RAB-120 and KPT-150 cluster bombs.[14] In 2004, Jane’s Information Group listed Serbia as possessing BL755 cluster bombs.[15]

In 2011, Serbia’s Ministry of Economy and Regional Development told the Monitor that it had no records in its database detailing any foreign trade of cluster munitions in the period from 2005 to 2010.[16]

In 2013 and 2015, the Ministry of Defense stated that the Serbian Army had taken steps to recall from operational use “part” of its cluster munition stockpile and initiate its disposal.[17] No further information has been provided on the quantities and types of stocks or the status of the destruction process.

Use

There has been no evidence or allegations that Serbia has used cluster munitions since the Convention on Cluster Munitions was adopted in 2008. Serbia’s Minister of Defense said in April 2015 that “the Army of Serbia has taken steps and implemented activities to recall from operational use a part of cluster munitions [sic] and start with its disposal.”[18] He provided several reasons for doing so, including “the ban on use, the limited shelf-life of the cluster munitions available, and the limited possibilities of the military industry in regard of repairs and [performance] enhancement” of the cluster munitions.

Forces of the former Yugoslavia, as well as ethnic militias and secessionist forces, used cluster munitions during the conflicts resulting from the break-up of Yugoslavia starting in 1991. During the 1998–1999 conflict over Kosovo, aircraft from the Netherlands, the United Kingdom (UK), and the United States (US) dropped cluster bombs in Serbia and Kosovo during a NATO air campaign.[19] During the Kosovo conflict, forces of the former Yugoslavia also launched several cluster munition rocket attacks into border regions controlled by Albania.

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Treaty Status | Management & Coordination | Impact (contamination & casualties) | Addressing the Impact (land release, risk education, victim assistance)

Country Summary

The Republic of Serbia became a State Party to the Mine Ban Treaty on 1 March 2004. Since then, Serbia has requested two extensions to its Article 5 clearance deadline: a five-year extension request in 2013 with a deadline of 1 March 2019, followed by a four-year extension request in 2018 with a deadline of 1 March 2023.

Serbia is contaminated by landmines as a legacy of armed conflicts associated with the break-up of the former Yugoslavia in the early 1990s; and also as a result of mine use in 2000–2001, in the municipalities of Bujanovac and Preševo, by a non-state armed group (NSAG). Preševo has been free of mine contamination since 2014, leaving Bujanovac as the only municipality in Serbia still contaminated by landmines. Serbia has also reported contamination by cluster munition remnants, aircraft bombs and rockets, and other explosive remnants of war (ERW).

Serbia reports that clearance and survey efforts have been complicated by the mine contamination being random and unrecorded.[1]

Serbia has not joined the Convention on Cluster Munitions. In 2010–2013, significant progress was made in clearing areas contaminated by cluster munition remnants, but progress has since stalled.

Risk education is coordinated by the Serbian Mine Action Center (SMAC), and a risk education training center was to be established within SMAC.

Over half of all mine/ERW casualties recorded in Serbia since 2016 were caused by unexploded submunitions. Serbia is responsible for significant numbers of landmine survivors, cluster munition victims, and survivors of other ERW in need of support. In 2017, Serbia reported a total of 1,123 survivors (790 men and 333 women) with disabilities.[2]

Serbia’s working group on victim assistance is inactive. Local survivor associations provided psychological and peer-to-peer support to mine victims and their family members during 2020, as professional psychological support through the public health sector was insufficient. The social inclusion of persons with disabilities requires significant improvement, as many still suffer from discrimination and high levels of unemployment. Serbia has recently made efforts to develop veteran and disability protection services, social protection services, and employment opportunities in remote and rural areas. The Law on the Rights of Soldiers, Disabled Veterans, Civilian Disabled Veterans and Family Members entered into force on 1 January 2021.

Treaty Status

Treaty status overview

Mine Ban Treaty Article 5 deadline extension request

Serbia did not meet its extended mine clearance deadline of 1 March 2019, and submitted in 2018 a second request for the deadline to be extended by four years, until 1 March 2023.[3]

The challenges that prevented Serbia from meeting its first deadline included a lack of adequate financial resources; the presence of areas contaminated with cluster munitions, aircraft bombs and rockets, and other ERW; in addition to mine contaminated areas.[4]

Following reports of explosions in areas where fires occurred, indicating the presence of mines, Serbia conducted a non-technical survey in Bujanovac municipality in October 2019, and marked suspected hazardous areas (SHA). Serbia has reported that it will survey the remaining areas where landmine contamination is suspected, to provide a complete picture of the mine problem in the country.[5] However, a lack of funding for field operations prevented the survey of the remaining areas in 2020.[6] Between 2016–2020, Serbia has cleared just over 1km² of mined areas.

In its second Mine Ban Treaty Article 5 deadline extension request, Serbia included a workplan for completing clearance of cluster munition remnants and unexploded ordnance (UXO) by 2023, at a projected total cost of €20 million (US$23.6 million).[7] However, cluster munition remnants are not disaggregated from other ERW in the workplan.[8]

In 2010–2013, significant progress was made in clearing cluster munition contaminated areas, with 5.8km² cleared. Progress has since stalled with only 1.3km² cleared between 2014–2020.

Management and Coordination

Mine action management and coordination

Mine action management and coordination overview[9]

Note: ERW=explosive remnants of war.

The Ministry of Interior acts as the national mine action authority and is responsible for developing standard operating procedures, accrediting operators, and supervising the work of SMAC.

SMAC is responsible for coordinating mine/ERW clearance, collecting and managing mine action data (including on casualties), and surveying SHAs. SMAC also has a mandate to plan demining operations in Serbia, conduct quality control and monitor operations, ensure that International Mine Action Standards (IMAS) are implemented, and conduct risk education.[10]

Serbia’s mine action program is integrated into the national Sustainable Development Goals (SDGs), as it contributes to the “achievement of goals such as development of infrastructure, environment protection and enhancement, reduction of poverty.” The municipalities affected by mine/ERW contamination in Serbia are among the poorest municipalities, and land release operations enable the implementation of development projects in these areas.[11]

In March 2020, SMAC and the Ministry of Defence signed an agreement to increase cooperation in the field of mine action, including on the training of personnel to conduct surveys and collect data, and on the implementation of clearance projects.[12]

ITF Enhancing Human Security contracts local and national commercial and NGO operators to conduct clearance in Serbia.[13]

Strategic planning

SMAC prioritizes clearance of contaminated areas in close proximity to settlements and where the contamination directly affects the local population. Priority-setting is also determined by donors.[14]

Jurisdiction

Serbia’s claim to jurisdiction over Kosovo entails legal responsibility for its remaining mined areas under Article 5 of the Mine Ban Treaty. However, Serbia did not include areas in Kosovo in either its first or second extension request estimates of remaining contamination or plans for clearance.

SMAC reported that the Office for Kosovo and Metohija coordinated mine action activities on the administrative line with Kosovo and Metohija.[15]

Information management

In 2020, SMAC was in contact with the Geneva International Centre for Humanitarian Demining (GICHD) to discuss the possibility of installing the Information Management System for Mine Action (IMSMA).[16]

Gender and diversity

Serbia reported that there is equal access to employment in the fields of survey and clearance for qualified women and men.[17]

Risk education management and coordination

SMAC coordinates risk education activities in Serbia.[18] In 2019, Serbia approved funds for the establishment of a mine action training center within SMAC. Training will include risk education sessions and will be aimed at members of local governments, civil protection workers, hunters, and construction workers.[19] In 2020, a risk education training program was developed by SMAC and approved by the Ministry of Education.[20]

Victim assistance management and coordination

Victim assistance management and coordination overview[21]

Laws and policies

Serbian law prohibits discrimination against persons with disabilities, including in accessing education, employment, health services, buildings, and transport. However, provisions are not effectively enforced and discrimination continues. While the law requires that all public buildings be accessible to persons with disabilities, public transportation and many public buildings remain inaccessible.[22]

The 1996 Law on the rights of civilian war invalids covers monthly financial allowances, healthcare, orthotics, rehabilitation, compensation for funeral expenses, and other financial benefits. This law ensures that the scope of protection envisaged for civilian disabled war veterans is the same as for military disabled war veterans.[23]

In March 2020, the Serbian government adopted a National Strategy to Improve the Position of Persons with Disability in the Republic of Serbia, 2020–2024.[24]

Impact

Contamination

Contamination overview (as of January 2021)[25]

Note: CHA=confirmed hazardous area; SHA=suspected hazardous area; ERW=explosive remnants of war.

* In addition, the size of the newly discovered SHA in Bujanovac municipality is yet to be determined.

** ERW contamination includes aircraft bombs, both on land and in Serbia’s internal waterways.

Landmine contamination

Serbia’s landmine contamination is the legacy of the armed conflicts associated with the break-up of Yugoslavia in the early 1990s; and also results from the use of landmines in 2000–2001, in the municipalities of Bujanovac and Preševo, by an NSAG known as the Liberation Army of Preševo, Bujanovac and Medvedja. Contamination that still remains in Serbia is a result of this later period of mine use.[26] Contamination also exists within Kosovo (see Kosovo Mine Action profile).

Serbia has reported that the remaining mine contamination does not follow a specific pattern, and is unrecorded, rendering clearance of these areas more difficult.[27]

Bujanovac is the only municipality in Serbia still affected by mines. The remaining contamination has had a severe socio-economic impact on Bujanovac, which is the least developed municipality in Serbia. Mined areas block access to roads, increase the risk of fire, and prevent the construction of solar power plants and tobacco-processing facilities. Landmine contamination also negatively impacts regional development by impeding the flow of people, goods, and services. Serbia believes that demining activities could prevent residents from moving out of the area.[28]

Cluster munition remnants contamination

Cluster munition remnants contamination in Serbia is the result of airstrikes carried out by North Atlantic Treaty Organization (NATO) forces in 1999, after the division of the former Yugoslavia. Sixteen municipalities in Serbia were affected by these attacks.[29]

Four municipalities are still contaminated with cluster munition remnants.[30] This contamination is reported to have both environmental and socio-economic impacts, hindering wood exploitation, land cultivation, cattle breeding, mushroom picking, and the construction of vital infrastructure.[31]

ERW contamination

In 2021, Serbia estimated that it had around 18.8km² of ERW contamination, aside from cluster munition remnants.[32]

Casualties

Casualties overview[33]

Casualties in 2020

No new ERW casualties were reported in Serbia in 2020.[34]

The last confirmed landmine casualties in Serbia were reported in 2005.

The total number of mine/ERW casualties in Serbia is not known. In 2004, 1,360 casualties (24 killed, 1,336 injured) were reported between 1992 and 2000 by Serbia and Montenegro.[35]

Cluster munition casualties

Over half of all mine/ERW casualties recorded in Serbia since 2016 were caused by unexploded submunitions. In June 2019, three Turkish construction workers were injured by a submunition in the city of Nis.[36] One unexploded submunition casualty was reported in 2017, and one in 2016.

At least 78 casualties occurred during NATO cluster munition attacks on Serbia in 1999. A further 19 casualties were caused by unexploded submunitions between 1999 and 2013. Cluster munitions strikes during the conflict are estimated to have caused more than 100 unreported casualties in Nis. In addition, unexploded submunitions are known to have caused casualties in several regions that were not reported to the authorities.[37]

A survey by Norwegian People’s Aid (NPA) identified 191 cluster munitions casualties (31 killed, 160 injured) for the period between 1999 –2008. However, the report did not differentiate between casualties during airstrikes and those caused later by unexploded submunitions.[38]

Addressing the Impact

Mine action

Operators and service providers

In addition to the government bodies and NGOs listed in the table below, 13 national commercial companies and nine international commercial companies were accredited as clearance operators in Serbia by the Ministry of Interior.

Clearance operators

Note: ERW=explosive remnants of war.

Clearance

Land release overview[39]

Note: ERW=explosive remnants of war.

*In 2017, 0.28km² was reduced by technical survey.

In September–October 2020, SMAC organized an explosive ordnance disposal (EOD) Level 1 training course in cooperation with a demining company, EODEX.[40]

There were no security or safety issues for deminers, and no demining accidents in 2020.[41]

Risk education

Mine/ERW contaminated areas in Serbia are mainly mountainous, but some are close to population centers and impede safe access to forest products, cattle, and mushroom picking, which represent primary sources of income.[42] In 2020, and again in 2021, SMAC reported that it planned to conduct risk education activities in Bujanovac municipality, with a multi-ethnic risk education team.[43]

Serbia reported that women, men, and children are consulted during survey and community liaison activities. The SHAs in the multi-ethnic municipality of Bujanovac have been marked by warning signs in both Serbian and Albanian languages.[44]

Victim assistance

Victim assistance operators[45]

Major Developments in 2020

A new Law on the Rights of Soldiers, Disabled Veterans, Civilian Disabled Veterans and Family Members was adopted in 2019 and entered into force on 1 January 2021. However, victims’ organizations reported issues with the implementation of the law.[46]

Serbia reported that “hospitals and rehabilitation centres provide all necessary assistance to mine victims”, but noted that these facilities lacked “equipment, education and prostheses.”[47]

Needs assessment

Serbia has a basic system of recording of persons who exercise their rights as civilian invalids of war. Information on beneficiaries is transmitted to MoLEVSA by local governments.[48]

Medical care and rehabilitation

MoLEVSA supports rehabilitation for mine/ERW survivors with physical disabilities. Survivors receive rehabilitation services at the Special Hospital for Rehabilitation in Vrnjačka Banja, and at the Specialized Hospital for Rehabilitation and Orthopedic Prosthetics in Belgrade. Medical care and physical rehabilitation were reported to be generally satisfactory during 2020.[49]

Socio-economic and psychosocial inclusion

All municipalities in Serbia have services to protect veterans and persons with disabilities, which can be contacted by potential recipients seeking specific types of assistance.[50]

There were several organizations providing assistance to mine/ERW victims in regional towns in Serbia. Some, but not all, received funding from the state, with a large number being self-funded. The government provides regular and multiyear project funding, yet funding allocated at the local and municipal levels for local organizations was mostly insufficient and short-term. There was no sustainable support for employment opportunities for mine/ERW survivors.[51] Persons with disabilities had many opportunities to receive training, but very few were able to find a job.[52] Discrimination in employment continued despite the National Employment Agency’s employment program for persons with disabilities.[53]

Cross-cutting

Mine/ERW survivors and persons with disabilities living in rural and remote areas of Serbia faced challenges in accessing services due to a lack of accessible public transport and lack of services in these areas.[54]

Victim assistance services were equally accessible to men and women.[55]

Policy

The Republic of Serbia assumed the treaty commitments of the former state union of Serbia and Montenegro following the Republic of Montenegro’s declaration of independence in June 2006.[1] The former Serbia and Montenegro acceded to the Mine Ban Treaty on 18 September 2003, becoming a State Party on 1 March 2004.[2]

A new Criminal Code of the Republic of Serbia entered into force on 1 January 2006. Articles 376 and 377 make the use, production, stockpiling, trade, and transfer of antipersonnel mines a criminal offense. These two provisions also specify penal sanctions.[3]

Serbia regularly attends meetings of the treaty, including the Third Review Conference in Maputo in June 2014. More recently, Serbia attended the Seventeenth Meeting of States Parties in Geneva in November 2018, where it submitted an Article 5 mine clearance deadline extension request.[4] Serbia regularly submits annual Article 7 transparency reports.

Serbia has reconfirmed the view of the former state union of Serbia and Montenegro that “mere participation” in military activities with states not party to the treaty, which engage in activities prohibited by the treaty, is not a treaty violation.[5]

Serbia is party to the Convention on Conventional Weapons and ratified Amended Protocol II on landmines on 14 February 2011. Serbia is not party to the Convention on Cluster Munitions.

Production, transfer, and stockpile destruction

In 2007, Serbian officials reaffirmed that the former Serbia and Montenegro did not produce any type of landmine after 1990.[6] Serbia has stated that old facilities for mine production have been successfully transformed for production of resources for civilian purposes.[7] In the past, the former Serbia and Montenegro stated several times that mine exports halted in 1990.[8]

After Montenegro’s declaration of independence, the two countries continued the stockpile destruction process initiated by the former Serbia and Montenegro in 2005 as a project of the Ministry of Defense and the NATO Maintenance and Supply Agency (NAMSA).[9]

On 7 May 2007, Serbia completed the destruction of 1,404,819 antipersonnel mines stockpiled by both Serbia and Montenegro. An additional 10 mines were found and destroyed shortly thereafter. Of the 1,404,829 mines destroyed, a total of 1,205,442 were held in the Republic of Serbia and 199,387 in the Republic of Montenegro.[10] Destruction was completed well in advance of the treaty deadlines of 1 March 2008 for Serbia and 1 April 2011 for Montenegro.

Serbia initially stated in May 2007, upon completion of its stockpile destruction, that 5,565 antipersonnel mines would be retained.[11] In 2007, according to NAMSA, 1,839 of these 5,565 mines did not have fuzes.[12] At the end of 2018, Serbia retained 3,134 mines for training and research, of which 1,034 did not have fuzes.[13]

In 2019, the United States contributed US$1 million to clearance activities in the Republic of Serbia.[1]

In 2012, Serbia reported, for the first time, that it supported its mine action program through an annual contribution for that year of €150,000 ($192,885).[2] In 2017, Serbia contributed €100,000 ($113,010) to its mine action program,[3] but no national support was reported by Serbia in 2015–2016 nor 2018–2019.

Since 2015, annual international contributions to mine action in Serbia fluctuated from less than $140,00 to more than $1.6 million, totaling about $4.3 million in the 2015–2019 five-year period.

Summary of international contributions: 2015–2019[4]