Refugees and asylum-seekers (10) The Committee notes with satisfaction that the Constitution of Montenegro guarantees the right to seek asylum and that in July 2006 the State party adopted its first Asylum Law, the implementation of which started on 25 January 2007. However, the Committee remains concerned that the Law is not yet fully implemented, including the establishment of facilities for the accommodation of asylum-seekers (art. 3). The State party should provide the necessary human and financial resources to the administrative bodies responsible for the implementation of the Law on Asylum and promulgate the necessary regulations and operating instructions for the full implementation of the Law on Asylum. The State party should ensure that the principle of non-refoulement is duly observed as enshrined in article 3 of the Convention. Displaced persons (11) The Committee is concerned that the State party has not yet regularized the legal status of a large number of “displaced persons” from Croatia and Bosnia-Herzegovina and “internally displaced persons” from Kosovo (art. 3). The Committee reiterates the recommendations made by the Commissioner for Human Rights of the Council of Europe, following his visit to the country from 2 to 6 June 2008 (Commode (2008)25). In this regard, the State party should: (a) Take concrete measures for the local integration of “displaced persons” from Croatia and Bosnia-Herzegovina and grant them a legal status and full protection against expulsion in violation of their legal rights; (b) Regularize the status of “internally displaced persons” from Kosovo residing in Montenegro by granting them a proper legal status to minimize the risk of statelessness; and (c) Consider ratifying the Convention on the Reduction of Statelessness adopted in 1961. Impunity for war crimes (12) The Committee is concerned at the reported climate of impunity surrounding war crimes which remain unaddressed or in the investigation phase, with little or no result to date. The Committee takes note of the information provided by the State party on the developments with regard to the cases “Kaluderski Laz”, “Morinj”, Deportation of Muslims” and “Bukovica” (arts. 12 and 16). The Committee urges the State party to expedite and complete its investigation of war crimes, and ensure that all perpetrators, in particular those bearing the greatest responsibility, are brought to justice. The Committee requests the State party to provide it with information in this respect. Cooperation with the International Criminal Court (13) While welcoming the State party’s ratification of the Rome Statute of the International Criminal Court (ICC), the Committee regrets the bilateral agreement between the United States of America and Montenegro whereby United States nationals in the territory of Montenegro cannot be transferred to the International Criminal Court to be tried for war crimes or crimes against humanity (arts. 7 and 8). The State party should take appropriate measures to review the terms of this agreement which prevent the transfer of United States nationals in the territory of Montenegro to the International Criminal Court, in accordance with the provisions of the Convention. 60

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