“Unless Someone Hears Us” - Applying International Criminal Law’s Rome Statute as a New Approach to Addressing the Human Rights Abuses Against Serbian Roma

Matthew A. Kearney
Vol. 23
January 2017
Page 37

The struggles of Roma people have been seriously overlooked in academic literature, especially recently. Much attention in the media is rightfully focused on the abuses committed by Balkan and other European countries against Syrian refugees and others attempting to find safety for themselves and their families. This attention is proper—indeed, it should intensify. Yet unwittingly, an exclusive spotlight on the recent—and perhaps more noticeable—plight of the refugees can sometimes mute more persistent, normalized forms of persecution in the region. This makes the struggles faced by minorities like the Roma all the more relevant. In Serbia, discrimination and persecution of the Roma is especially egregious; yet for the most part their voices go unheard and their persecution remains unchecked. Despite enacting international laws and domestic statutes to prohibit discrimination of Roma, Serbia’s federal and local governments have directly and indirectly undermined international efforts to combat this issue. In the following analysis, existing principles of international law will be identified, as well as a framework suggesting an approach designed to give teeth to the laws intended to protect minorities like the Roma. Moreover, an available mechanism will be proposed in order to hold Serbia accountable for discrimination committed against the Roma people. Focusing on the abuses in Serbia serves to highlight a much broader, though often less visible, global issue.

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