Skundric: Belgrade is the only one competent to conduct an investigation into the Banjska events

Aleksa Skundric, an associate professor of criminal law at the Faculty of Law, University of Belgrade, says for Kosovo Online that from a legal perspective, based on Serbian constitutional and other laws, Serbian state authorities are the only competent for conducting an investigation into the events in Banjska since it is, as he emphasizes, a part of Serbian territory.

"From the standpoint of Serbia's current laws, including the constitution, the situation is clear. Serbian state authorities are competent for this case, given that, according to our Constitution, it pertains to our territory. Therefore, in that sense, the investigation falls exclusively under the jurisdiction of our state authorities, and proceedings are already underway in Belgrade," Skundric explained.

He emphasizes that Serbia does not recognize Kosovo's independence, so the possibility of Serbia acknowledging an investigation conducted by Kosovo's authorities does not exist.

He points out that there might be a possibility for EULEX to assist in the investigation or criminal proceedings conducted by Serbian state authorities, but there is no possibility or legal basis for someone else to take over the investigation.

"There may be room for a form of cooperation and assistance with EULEX. Still, there is no possibility or legal basis for someone else to conduct the investigation, as it involves a criminal procedure, and the exclusive jurisdiction belongs to the state conducting the procedure. Of course, there are situations where multiple states may have jurisdiction over a specific case. However, Serbia does not recognize the independence and sovereignty of Kosovo as a state, and there is no relationship of two states, thus there is no conflict of jurisdiction in criminal matters between the two parties," Skundric explained.

Pristina has already initiated an investigation into the events in Banjska, and when asked whether the results of that investigation could be legally relevant for Belgrade, Skundric says that there is no legal framework for such a scenario.

"Belgrade does not recognize the state authorities and institutions of Kosovo, nor the results of their work. This is in accordance with Serbia's current laws," he concluded.