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National application of human rights law is one of the most important tests of its efficacy. This article examines the integration of international human rights law into Serbia’s legal system. The paper argues that the use of human rights language does not necessarily indicate the proper and correct use of human rights norms

The paper covers the following:

• an overview on the intersection of international and national law with special reference to Serbia and Montenegro
• the existing legal framework for the integration of international human rights law
• an examination of the propriety of human rights law language discourse
• a discussion on the separation of the executive and the judiciary

The paper makes the following conclusions:

• the legislative framework in Serbia favours the integration of human rights law
• despite some successes there some legislative acts and a lack of human right jurisprudence indicates that international human rights law has not been properly integrated into the legal system
• there has been a misuse of human rights law and clash between judicial and political discourse on human rights
• the inadequate training of the judiciary has led to judicial deference to the executive branch of government

The paper concludes that the integration of international human rights norms has failed to be integrated domestically. The paper advocates for the proper use of human rights discourse before and independent judiciary. In order to meet this goal the paper recommends:

• extensive training of judges on the application of international human rights law
• more careful drafting of legislation
• greater institutional and political independence of the judiciary
  

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