Tartaglia: Through the Pavkovic heirs' lawsuit we will seek to lift NATO's immunity

Italian lawyer Angelo Fiore Tartaglia, a member of the legal team representing the family of General Nebojsa Pavkovic, stated that the essence of the lawsuit filed by Pavkovic's children against the NATO alliance is to bring before a domestic court the issue of the Alliance's civil liability for the consequences of the 1999 military operations against the Federal Republic of Yugoslavia (FRY), particularly for creating a long-term chemical, radiological, and environmental risk through the use of depleted uranium munitions.

He stated that the legal team had submitted evidence to the Second Basic Court in Belgrade showing that NATO's actions during its air campaign against the FRY created a genuine risk of malignant diseases for individuals who had stayed in the affected areas, including locations where Pavkovic was present during the war, RTV reported.

According to Vecernje novosti, Tartaglia had previously succeeded before Italian courts in proving, in 550 lawsuits filed by Italian KFOR soldiers, that their deployment in areas bombarded with depleted uranium had resulted in their developing cancer.

Tartaglia further stated that Serbian citizens could also seek legal remedies before European courts competent to award compensation if EU member states had violated the Charter of Fundamental Rights.

Before Serbian courts, he said, two compensation cases concerning malignant diseases allegedly linked to depleted uranium exposure have so far resulted in first-instance rulings in favour of the claimants, while several other proceedings remain ongoing. However, in those cases, the defendant is Serbia, as the legal successor of the FRY, rather than NATO, which has invoked immunity.

“Through the lawsuit filed by Pavkovic's heirs, we will seek to remove that immunity enjoyed by the Alliance,” Tartaglia said.