David Harland, Executive Director of the Center for Humanitarian Dialogue and head of UN Civil Affairs in Bosnia-Hercegovina in 1993-1995, recently published, in the New York Times, a polemic against the International Criminal Tribunal for the former Yugoslavia (ICTY). Responding to the recent acquittals of Croatia’s Ante Gotovina and Mladen Markac and Kosovo’s Ramush Haradinaj, he accused the Tribunal of ‘selective justice’ on the grounds that it has essentially only convicted Serb perpetrators, acquitted non-Serb perpetrators and failed to punish crimes against Serbs. This is, of course, the claim that hardline Serb nationalists and supporters of Slobodan Milosevic have been making for about the last two decades. Instead of carrying out any research into the actual record of the ICTY in order to support his thesis, Harland simply repeats a string of cliches of the kind that frequently appear in anti-Hague diatribes by Serb nationalists.
1) Harland writes: ‘More Serbs were displaced — ethnically cleansed — by the wars in the Balkans than any other community. And more Serbs remain ethnically displaced to this day.’
Harland doesn’t provide any statistical evidence to support this claim, but he appears to be conflating being ‘displaced’ with being ‘ethnically cleansed’, and to count all Serbs displaced by all the wars in Croatia, Bosnia and Kosovo as having been ‘ethnically cleansed’ – as opposed to being evacuated by the Serb authorities themselves, for example, or fleeing Sarajevo to escape the siege. The Appeals Chamber of the ICTY, in acquitting Gotovina, Markac and Haradinaj, rejected the prosecution’s claims that a Joint Criminal Enterprise (JCE) existed, on the part of either the Croatian or the Kosovar Albanian perpetrators, to bring about the removal of the Serb population from either ‘Krajina’ or Kosovo. Harland has not attempted to address the Appeal Chamber’s conclusions. He has simply re-stated a falsehood after two panels of judges carefully explained why the claims on which it was based are false.
2) Harland writes ‘Almost no one has been held to account [for these crimes against Serbs], and it appears that no one will be… Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics.’
It is untrue that nobody has been convicted by the ICTY for crimes against Serbs, or that no non-Serbs have been convicted. Bosniaks, Croats and Albanians convicted of crimes against Serbs include Rasim Delic, the top Bosnian army commander in 1993-1995; Enver Hadzihasanovic, former commander of the Bosnian army’s 3rd Corps; Amir Kubura, former commander of the 7th Muslim Mountain Brigade; Zdravko Mucic, Hazim Delic and Esad Landzo, former commanders and guard for the Celebici prison-camp; and Kosova Liberation Army camp guard Haradin Bala. Former Croatian Army major-general Mirko Norac was indicted by the ICTY for crimes against Serb civilians in the Medak Pocket in September 1993; his case was transferred to the Zagreb District Court, which convicted him.
3) Harland writes: ‘Altogether, almost all of the West’s friends have been acquitted; almost all of the Serbs have been found guilty.’
Harland appears here to be following the example of the extreme Serb nationalists who divide all former Yugoslavs into ‘Serbs’ on the one hand and ‘friends of the West’ on the other, and who claim that the ICTY ‘persecutes’ Serbs because they are independent of the West. Yet two of the most senior Serb officials to be convicted by the ICTY, former Republika Srpska president Biljana Plavsic and former Yugoslav Army chief of staff Momcilo Perisic, had pursued friendly relations with the West in the second half of the 1990s. On the other hand, being unfriendly to the West is scarcely something of which other prominent Serb indictees can be accused, since Western and Serb officials spent the best part of the 1990s collaborating with one another.
Ratko Mladic and Britain’s Michael Rose
Slobodan Milosevic and the US’s Richard Holbrooke
Ratko Mladic and the Netherlands’ Thom Karremans
Milosevic and Holbrooke again
4) Harland writes: ‘Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics. The Croatian leaders connived in the carve-up of Yugoslavia, and contributed mightily to the horrors on Bosnia and Herzegovina. I witnessed for myself the indiscriminate fury of the Croatian assault on the beautiful city of Mostar.’
Harland either does not know, or chooses not to mention, that the ICTY is currently prosecuting a group of prominent Bosnian Croat perpetrators for crimes carried out in Bosnia: Milivoj Petkovic, Jadranko Prlic, Slobodan Praljak, Bruno Stojic, Valentic Coric and Berislav Pusic. They are specifically being tried over the Croatian attack on Mostar. The ICTY has already convicted a large number of Croat perpetrators, including Dario Kordic, wartime leader of the Croatian Democratic Union in Bosnia and vice-president of the Croat Community of Herceg-Bosna, and Tihomir Blaskic, former commander of the (Bosnian) Croat Council of Defence (hence equal in rank to the Bosnian Serbs’ Ratko Mladic) and inspector in the General Inspectorate of the Croatian Army. NB Blaskic spent longer in prison than any Yugoslav army officer sentenced over the 1991-1992 Croatian war, except Mile Mrksic.
5) Harland continues: ‘The Bosnian Muslim leadership had deeply compromising links to the international jihahist movement, and hosted at least three people who went on to play key roles in the 9/11 attacks on the United States. I witnessed attacks by foreign mujahedeen elements against Croat civilians in the Lasva Valley.’
The accusation regarding the Bosnian government’s supposed links to the international jihadist movement and 9/11 attackers is sheer Islamophobic defamation. As regards the mujahedin, Harland either does not know, or chooses not to mention, that Rasim Delic, commander of the Bosnian army from June 1993 until the end of the war, was convicted by the ICTY over crimes carried out by the mujahedin against Serb civilians. On the other hand, the ICTY Appeals Chamber found in the case of Bosnian army 3rd Corps commander Enver Hadzihasanovic that he could not be held culpable for the crimes of the mujahedin, since ‘the relationship between the El Mujahedin detachment and the 3rd Corps was not one of subordination. It was quite close to overt hostility since the only way to control the El Mujahedin detachment was to attack them as if they were a distinct enemy force.’
As with the Croatian attack on Mostar, so with the Bosnian government and the mujahedin, Harland’s portrayal of the ICTY as simply having ignored the crimes in question reflects either an extraordinary degree of ignorance regarding the ICTY’s record, or is deliberately deceptive of his readers.
6) Harland continues: ‘And the Kosovar Albanian authorities deserve a special mention, having taken ethnic cleansing to its most extreme form — ridding themselves almost entirely of the Serb and Roma populations. Kosovo’s ancient Christian Orthodox monasteries are now almost the only reminder of a once-flourishing non-Albanian population… Haradinaj has been cleared of the charges brought against him, but the fact remains that hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians.’
Again, Harland does not attempt to address the ICTY judges’ refutation of the claim that Kosovar Albanians had engaged in a ‘Joint Criminal Enterprise’ to remove the Serb and other non-Albanian population from Kosovo. His claims that the Kosovar Albanian authorities have succeeded in ‘ridding themselves almost entirely of the Serb and Roma populations’ and that ‘hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians’ are further falsehoods: of the roughly 200,000 Serbs living in Kosovo before 1999, roughly half are still there.
7) Harland concludes: ‘What has happened at the tribunal is far from justice, and will be interpreted by observers in the Balkans and beyond as the continuation of war by legal means — with the United States, Germany and other Western powers on one side, and the Serbs on the other.’
To which one can reply: only by anti-Western Serb-nationalist politicians and ideologues and their fellow travellers.
Perhaps the most disgraceful statement in Harland’s tissue of falsehoods is his claim that ‘I lived through the siege of Sarajevo.’ In fact, as the UN’s head of Civil Affairs in Bosnia from June 1993 until the end of the war, Harland was scarcely a victim of the siege. Following the Markale massacre in Sarajevo of 28 August 1995, when Serb shelling killed 37 civilians, Harland engendered the myth that the Bosnians themselves might have been responsible; as he testified, ‘I advised [UN commander] General Smith on that one occasion to be a little unclear about what we knew about the point of origin of the mortar shell that landed on the Markale market-place in order to give us time, give UNPROFOR time, to get UNPROFOR and UN people off Serb territory so they couldn’t be harmed or captured when General Smith turned the key to authorise air-strikes against the Serbs. That is true. That was less than fully honest.’
Indeed, the UN in Bosnia collaborated with the Serb besiegers of Sarajevo and helped to maintain the siege. It obstructed any possibility of outside military intervention to halt the genocide. It maintained an arms embargo that prevented the victims of the genocide from defending themselves properly. It was complicit in the murder of Bosnian deputy prime-minister Hakija Turajlic by Serb forces in January 1993. It abandoned the ‘safe areas’ of Srebrenica and Zepa to Mladic’s genocidal operations. Romeo Dallaire said of the UN, ‘Ultimately, led by the United States, France and the United Kingdom, this world body aided and abetted genocide in Rwanda. No amount of its cash and aid will ever wash its hands clean of Rwandan blood.’ The same could be said of the UN with regard to Bosnia and Bosnian blood. Yet no former UN or other international official has been prosecuted by the ICTY or any other court for complicity in genocide or war-crimes. That is a real scandal of selective justice about which Harland has nothing to say.
Review of Bato Tomasevic, Life and Death in the Balkans: A family saga in a century of conflict, Hurst and Company, London, 2008
The former Yugoslav lands have produced an extraordinarily rich body of autobiographical and eyewitness literature. So much so, that this has even somewhat squeezed out the academic literature. Rather too many readers seeking an introduction to the region have begun with Rebecca West’s dreadful, rambling travelogue Black Lamb and Grey Falcon. Rather too many English-language authors writing about Yugoslavia in World War II have relied too heavily on a small number of memoirs and diaries, so well worn from repeated use that they have virtually dissolved into general knowledge: in particular, the memoirs of Milovan Djilas and the war diaries of Vladimir Dedijer. Journalistic accounts still largely dominate the literature on the 1990s Bosnian war. For all that, memoirs can provide an accessible and vivid introduction to the region – provided they are taken with a pinch of salt. The English-language reader is, in fact, limited to the tip of the iceberg; the vast body of memoir literature available only in the former-Yugoslav languages comprises a goldmine for the historian.
Bato Tomasevich’s autobiography and family saga, Life and death in the Balkans, is rather special, in that the Montenegrin author was just old enough to remember the 1930s (his earliest memory is of the assassination of Yugoslavia’s King Aleksandar in 1934), fought and was wounded as a Partisan in World War II, was a relatively well-connected member of the Yugoslav establishment in the Communist era, played a minor, though not wholly negligible role in the drama of Yugoslavia’s break-up, and was an observer of the wars of the 1990s – all the way up to the NATO intervention in Kosovo in 1999. Tomasevic does not provide much in the way of grand analysis, or give the reader any greater insight into any of these episodes at the all-Yugoslav level. But in telling the story of a Montenegrin individual and his family, the author throws much light on the Montenegrin identity, relationship to Serbia and experience within Yugoslavia – particularly as regards the period up to 1945.
Nebojsa ‘Bato’ Tomasevic’s father Petar was raised on the heroic tales of his Montenegrin forebears’ battles with the Ottomans. A veteran of the First Balkan and First World Wars, he supported Montenegro’s union with Serbia in 1918. After that, fired by romantic Serb-nationalist ideals, he settled in newly reconquered Kosovo as a colonist, where he became a police officer. Despite this, Petar strove to build good relations with the local Albanians, even learning some Albanian and becoming blood-brother to an Albanian village headman. This policy was not well received by other members of Yugoslav officialdom in Kosovo, which sanctioned oppressive and discriminatory treatment of the Albanian population – which Bato describes.
Bato attributes his father’s exile from Kosovo to his friendly policy toward Albanians, as well as to his readiness to welcome into his home the relatives of a Communist killed by the Belgrade police. The book provides an insight into the nature of the early Communist movement; the Communists in interwar Yugoslavia were often the children of members of the national or local elite. Thus, the author recounts how his father, as a deputy police chief in the historic Montenegrin capital of Cetinje, where he had been relocated, confronted with his officers a Communist-led student demonstration, among whose leaders was his own daughter, the author’s older sister Stana: ‘The police were carrying truncheons, the students their schoolbags. When the two advancing columns met, Father raised his truncheon and struck his daughter. This was the signal for the rest of the police to lay into the students.’ (p. 116).
Nevertheless, as Bato tells the story, Petar and Stana ended up on the same side following the Axis occupation of Yugoslavia in April 1941 – of those who rejected collaboration with the occupier. A considerable portion of the book is devoted to Bato’s memoirs of World War II, providing the reader with an insight into the oft-neglected history of Axis-occupied Montenegro. Although Petar had been a supporter of Montenegro’s unification with Serbia in 1918, his opposition to collaboration marked him out from the Chetniks – the principal Serb-nationalist armed movement in occupied Yugoslavia. The author describes in some detail Chetnik collaboration with the occupiers: ‘In all parts of Montenegro, including Cetinje, units of Chetniks were formed as part of Draza Mihajlovic’s [sic] movement. These were armed by the Italians and sent to fight the Partisans.’ (p. 177)
Bato’s family supported the Partisans; his brother Dusko survived their legendary battle with the Germans at Drvar in May 1944, only to be subsequently killed by the Chetniks. Stana was a prominent Communist, and Bato describes how he joined the Partisans by accident, when he tried to visit her on Partisan territory and was wrongly assumed to have come to volunteer – a misunderstanding he was too embarrassed to correct. Bato nevertheless entered the movement enthusiastically, but his memoirs are far from whitewashing the Partisans’ record, and he describes their execution of the Communists’ political opponents, not to mention the atrocities of their Soviet allies. As he recalls one fellow Partisan telling him: ‘Russians are good comrades, and when it comes to fighting no worse than Montenegrins, but they’ll drink anything that’s not water. Groups of them wander around at night and go into houses, especially out-of-the-way farms, looking for wine and brandy, and raping any woman in sight. Nothing is sacred to them. They don’t seem to care we’re allies. The peasants have started keeping guard and shooting any Russians that try to enter their houses. You can imagine what problems this causes !’ (pp. 341-342)
Even under the post-war Communist regime, the ties of kinship and locality counted for much. Bato recalls how he secured a coveted place to study English at the Philosophy Faculty in Belgrade, solely because he bumped into an old Montenegrin friend who worked as a clerk at that institution, and who pushed his application to the top of the pile. Bato eventually secured an enviable job in the Yugoslav diplomatic service in the UK. His standing with the regime benefited from the fact that his sister Stana was a high-ranking functionary upon whom Tito himself looked favourably. He claims Stana was made Ambassador to Norway on Tito’s personal initiative, and that when she created a stir by marrying a Norwegian man, Tito invited the couple to be his personal guests at his Adriatic retreat at Brioni, thereby ensuring her status and career did not suffer.
Bato himself, however, was not so influential that he could get away with marrying a foreigner; his marriage to an Englishwoman called Madge Phillips resulted in the swift termination of his diplomatic career. But he remained a well connected individual in the Communist regime, which ensured that he continued to play a significant role in Yugoslav affairs. Thanks both to his connections and standing and to sheer luck, he came into personal contact with various interesting historical figures, and not just Yugoslavs. They included the Albanian Communist leader Enver Hoxha, British envoy to Tito’s headquarters Fitzroy Maclean, former Yugoslav Crown Prince Djordje Karadjordjevic and British Labour politicians Denis Healey and Hugh Gaitskell. He was a passenger on the plane that crashed at Munich in February 1958, carrying home Bobby Charlton and other members of the Manchester United football team following a European Cup match in Belgrade. But perhaps the most curious personal encounter of the book was Bato’s witnessing of the death by suicide of Milan Nedic, the former leader of the Serbian Nazi-puppet regime.
In the final section of the book, Bato recounts his experiences during the break-up of Yugoslavia and Wars of Yugoslav Succession. Following the publication of sections of the Memorandum of the Serbian Academy of Sciences and Arts in September 1986, he recalls the heated arguments he would have with old Serbian friends: ‘Instead of a modern Yugoslavia, many of them now wanted a Greater Serbia.’ (p. 452) He is forthright in describing the role of the Serbian regime of Slobodan Milosevic in destroying Yugoslavia and promoting Serbian nationalistic hatred, though he has harsh words too for the Croatian regime of Franjo Tudjman. Appointed in 1990 director of the Federal TV station Yutel at the initiative of Yugoslav Prime Minister Ante Markovic, Bato attempted to promote Markovic’s vision of a united Yugoslavia, but was ultimately forced to flee Belgrade to escape prosecution by the Milosevic regime: ‘Serbian nationalists, it seemed, wanted to get rid of all those who in any way, however slight, obstructed the creation of their “Greater Serbia”.’ (p. 468)
Bato’s judgement on the War of Yugoslav Succession was that ‘The Partisans had now withdrawn before the onslaught of nationalism, and the resurrected Chetniks and Ustashas wanted to renew the war and, if possible, win the battles they had lost when fighting on the side of Hitler. They thought it was still not too late to achieve their goals of a greater Serbia and greater Croatia by means of violence and plunder, ethnic cleansing and concentration camps.’ (p. 483). He has no hesitation in identifying the policy waged by the Serb and Croat forces against the Bosnian Muslims as one of ‘genocide’ (p. 486).
Bato Tomasevic was raised on stories of his family’s and country’s battles with the Turks; his father was a Serb nationalist. Yet his family’s story, as he tells it, is one in which the politics of national chauvinism are consistently rejected: from the anti-Albanian racism of the interwar Yugoslav administration, through the Chetnik movement of World War II, up to the Memorandum of SANU, the regimes of Milosevic and Tudjman and the genocide of the Bosniaks. When so many choose to obfuscate the Yugoslav story, having it presented so straightforwardly by an eyewitness from such a background is a breath of fresh air.
The start of Ratko Mladic’s trial today means that the most important Bosnian Serb war-criminal, alongside Radovan Karadzic, is now facing justice. This trial will be crucially important for two reasons.
Firstly, its proceedings may shed some light on the role of Serbia and its military in the Srebrenica massacre of July 1995. At the time of the massacre, Serbia was in a federal union with Montenegro, and the joint state went by the name of the ‘Federal Republic of Yugoslavia’ (Savezna Republika Jugoslavija – SRJ). Its army, the ‘Army of Yugoslavia’, provided logistical support for the Bosnian Serb army – the ‘Army of the Serb Republic’ – and its Croatian Serb counterpart, though these were formally independent of it. The minutes of the SRJ’s Supreme Defence Council (which comprised the presidents of ‘Yugoslavia’, Serbia and Montenegro) were recently used by the prosecution of the International Criminal Tribunal for the former Yugoslavia (ICTY) in its case against former Yugoslav army Chief of Staff Momcilo Perisic. They reveal that Perisic regularly appealed to the Supreme Defence Council to provide such logistical support to the Bosnian Serb military, and that these appeals continued up until the eve of the Srebrenica massacre. Hopefully, the trial of Mladic, alongside that of Perisic, will provide more information on the role of the Army of Yugoslavia during the Srebrenica massacre. Indeed, it is likely that Mladic’s ability to provide such information was one of the reasons that Serbia’s military shielded him from arrest for so long. This is, however, an optimistic hope, as Mladic is more likely to continue denying responsibility for the massacre and to shield his former protectors than he is to spill the beans.
The second, and more important reason why Mladic’s trial is important, is that it provides the best chance yet to prove that genocide occurred not only at Srebrenica in 1995, but in other places and at other times in Bosnia-Hercegovina as well. The judicial record on this question so far is ambiguous. Germany’s courts have convicted Bosnian Serb perpetrators for offences relating to genocide carried out in parts of Bosnia outside of Srebrenica. One of these, the paramilitary leader Nikola Jorgic, was convicted of genocide in the north Bosnian region of Doboj in 1992, but appealed his conviction all the way to the European Court of Human Rights. The latter upheld Jorgic’s conviction for genocide, ruling that the German courts’ definition of genocide was consistent with the international legal definition. The German and ECHR rulings on Jorgic corroborate the view that genocide occurred across Bosnia from 1992, not merely at Srebrenica in 1995. On the other hand, the International Court of Justice, in the case for genocide brought by Bosnia against Serbia, acquitted Serbia of all genocide-related charges apart from failure to prevent and punish genocide. The ICJ specifically stated that genocide in Bosnia occurred only at Srebrenica in 1992, not in other places or at other times. Mladic, however, stands accused by the ICTY prosecution of systematic genocide across both western and eastern Bosnia from May 1992. If Mladic is found guilty on all charges, the judicial record for a genocide in Bosnia that occurred across the country from 1992 to 1995 will be greatly strengthened.
Be this as it may, the significance of this trial, and of Mladic personally, should not be overstated. News reports have suggested that Mladic was, along with Serbia’s wartime president Slobodan Milosevic and the wartime Bosnian Serb political leader Radovan Karadzic, one of the three principal perpetrators of Serb war-crimes in Bosnia. In fact, the singling out of these three individuals, to the exclusion of all others, betrays a false understanding of the nature of the Great Serbian killing campaign and of how it was organised. In reality, the Serb military aggression against Bosnia and programme of mass killing of its non-Serb inhabitants was planned and organised by the regime in Belgrade; not merely by Milosevic the despot, but by a much wider circle of top political, military and police officials. This war followed on seamlessly from the prior war waged by Serbia against Croatia in 1991-1992.
Mladic, on the other hand, was merely a run-of-the-mill officer in the Yugoslav People’s Army (JNA) until well after the war in Croatia had begun. He served as chief of the Department for Instruction of the JNA’s 3rd Military District based in Skopje in Macedonia until January 1991, then as assistant to the commander of the Pristina Corps in Kosovo until July 1991, when he was transferred – still as a mere colonel – to Knin, which was the self-proclaimed capital of the Serb rebels in Croatia. He was appointed chief of staff of the 9th (Knin) Corps at the end of July, and played a central role in ethnic cleansing operations against Croatia. In October, after Serbia together with Montenegro had carried out a coup d’etat to establish exclusive control of the federal organs of rump Yugoslavia, including of the JNA, Mladic was promoted to major-general. From late November or early December 1991, as they were preparing to wind down the war in Croatia and to shift it to Bosnia, the Milosevic regime and the leadership of the JNA set about organising a Bosnian Serb military within the framework of the JNA, something that involved concentrating all Bosnian Serb soldiers and officers in the JNA on Bosnian territory. On 30 December, the rump Yugoslav presidency (i.e. the representatives of Serbia and Montenegro) established a new military district – the ’2nd Military District’ – based in Sarajevo, that had jurisdiction over Mladic’s Knin Corps. At the same time, Mladic was promoted to commander of the Knin Corps.
Thus, when the JNA launched a full-scale war against Bosnia in March and April 1992, Mladic was not even based in Bosnia, but was still in the relatively junior position of commander of the Knin Corps, based in Serb-occupied Croatia. He nevertheless participated in the start of the aggression against Bosnia; his forces captured the town of Kupres in south-west Bosnia from its predominantly Bosnian Croat defenders on 8 April 1992 and helped to organise the future Bosnian Serb army in that region of the country, after which he returned to the Knin region for further operations against the Croatian Army.
On 27 April 1992, Milosevic’s regime proclaimed the new ‘Yugoslavia’ – i.e., the Federal Republic of Yugoslavia (SRJ), consisting only of Serbia and Montenegro. The Bosnian Serb rebel entity, subsequently known as the ‘Republika Srpska’, had already proclaimed independence a month before. By establishing the SRJ and the Bosnian Serb republic as formally separate states, the Milosevic regime aimed to pretend to the world that it was not involved in the war in Bosnia, and that this war was really just a ‘civil war’. This necessitated a formally independent Bosnian Serb army, separate from the Yugoslav army, and Mladic was handpicked by Belgrade to be its commander. On 30 April, Milosevic and other top officials of Serbia, Montenegro and the JNA met with the Bosnian Serb leaders under Radovan Karadzic to arrange the formation of a Bosnian Serb army, and it was agreed that Mladic – who had been promoted to lieutenant general only a few days before – would serve as its commander. In early May, JNA Chief of Staff and acting Yugoslav defence minister Blagoje Adzic summoned Mladic to Belgrade to inform him that he was to be promoted to both commander and chief of staff of the JNA’s 2nd Military District, based in the Bosnian capital of Sarajevo. At about the same time, the acting president of the Yugoslav presidency, Branko Kostic, ordered the previous JNA incumbent of the post to surrender his duties to Mladic, whose appointment as commander of the 2nd Military District was reported by Belgrade TV on 9 May.
Mladic subsequently recalled that ‘When I took up duty in the 2nd Military District I immediately assigned myself the task of assembling men and forming a command and General Staff, partly from the remnants of the 2nd Military District and partly from the men who had come with me from Knin and from other areas, who were born in Bosnia-Herzegovina. We immediately began the formation of a General Staff of the [Bosnian] Serb Army.’ On 12 May, the self-declared Bosnian Serb parliament voted to establish a Bosnian Serb army incorporating all JNA units on Bosnian territory, and to appoint Mladic as its commander. Yet the law was not promulgated by the presidency of the self-declared Bosnian Serb republic until 19 May. Until that time, Mladic was still formally subordinate, along with all Serb forces on Bosnian territory, to the Yugoslav military command and Yugoslav presidency in Belgrade. Only on 19 May did the the JNA formally split into two separate armies: the ‘Army of Yugoslavia’, made up of troops from Serbia and Montenegro, which formally withdrew from Bosnia on the same date; and the ‘Army of the Serb Republic of Bosnia-Hercegovina’, subsequently simply the ‘Army of the Serb Republic’, headed by Mladic and now formally independent.
In other words, although Mladic played a prominent and significant role in the Serb military assault on Bosnia that began full-scale in the spring of 1992, he was far from being its chief instigator or organiser. The latter was the political and military leadership of Serbia, Montenegro and the Yugoslav People’s Army, which handpicked and groomed Mladic for the role. Attributing excessive importance to Mladic as organiser of the war in Bosnia downplays the party that was actually responsible: the regime of Slobodan Milosevic.
War crimes investigators at the ICTY were aware of how the war and mass killing in Bosnia were organised. According to the amended indictment of Milosevic for war crimes in Bosnia:
‘Slobodan MILOSEVIC participated in the joint criminal enterprise as set out below. The purpose of this joint criminal enterprise was the forcible and permanent removal of the majority of non-Serbs, principally Bosnian Muslims and Bosnian Croats, from large areas of the Republic of Bosnia and Herzegovina (hereinafter referred to as “Bosnia and Herzegovina”), through the commission of crimes which are in violation of Articles 2, 3, 4 and 5 of the Statute of the Tribunal. The joint criminal enterprise was in existence by 1 August 1991 and continued until at least 31 December 1995. The individuals participating in this joint criminal enterprise included Slobodan MILOSEVIC, Radovan KARADZIC, Momcilo KRAJISNIK, Biljana PLAVSIC, General Ratko MLADIC, Borisav JOVIC, Branko KOSTIC, Veljko KADIJEVIC, Blagoje ADZIC, Milan MARTIC, Jovica STANISIC, Franko SIMATOVIC, also known as “Frenki,” Radovan STOJICIC, also known as “Badza,” Vojislav SESELJ, Zeljko RAZNATOVIC, also known as “Arkan,” and other known and unknown participants.’
However, at the time of writing, not a single official of Serbia, Montenegro or the Federal Republic of Yugoslavia – i.e. of the regime that organised the war – nor any officer of the JNA (excluding officers of the Bosnian Serb army who had previously served in the JNA) has been convicted by the ICTY of war crimes in Bosnia. The weight of ICTY punishment has, so far, fallen exclusively on the Bosnian Serbs, while the regime of Milosevic in Belgrade and the leadership of the JNA have been mostly let off the hook. Only six such officials were ever indicted: Milosevic, Stanisic, Simatovic, Perisic, Arkan and Seselj. Arkan was assassinated before he could be arrested, while Milosevic died while his trial was in progress. This leaves a maximum of four representatives of the regime who could, if the prosecution is wholly successful, receive punishment for organising the worst case of aggression and mass killing in Europe since World War II. None of these belonged to the top rank of officials responsible for organising the war in Bosnia, with the exception of Stanisic, who was head of Serbia’s State Security Service.
Of the other representatives of the ‘joint criminal enterprise’ from Serbia, Montenegro and the JNA high command who were listed in the Milosevic indictment, Stojicic was assassinated in Belgrade before the indictment was issued. Adzic and Kadijevic, the two top figures in the JNA during the war in Croatia and (in Adzic’s case) during the first stage of the war in Bosnia, were never indicted. Neither were Jovic and Kostic, the Yugoslav presidency members for Serbia and Montenegro respectively, and therefore (along with their counterparts for Vojvodina and Kosovo) the individuals in ultimate formal command of all Serb forces in Croatia and Bosnia up until 19 May 1992. Other top officials of Serbia, Montenegro and the JNA also escaped indictment over Bosnia or Croatia – such as Montenegro’s wartime president Momir Bulatovic, and acting Yugoslav army chief of staff Zivota Panic (who died in 2003).
Some relatively minor JNA figures were indicted for war-crimes in Croatia, in relation to Vukovar and Dubrovnik, but over Croatia, as over Bosnia, the weight of the ICTY’s punishment has fallen on the Croatian Serb agents of Belgrade – such as Milan Martic and Milan Babic (and potentially also the still unarrested Goran Hadzic) – while the officials of the former Milosevic regime have escaped extremely lightly.
This extraordinary failure of international justice over Bosnia – the failure of the ICTY to indict more than a handful of the officials of the regime and army responsible for the planning and launching the war, and so far to convict a single one of them – reflects both the inability of its prosecutors to understand the war properly, as well as their poor strategy in issuing indictments. As I have indicated elsewhere, a preliminary draft of a war-crimes indictment for the leadership of the SRJ (Serbia and Montenegro) drawn up in 2001 by investigators – including the present author – aimed to indict Milosevic and other members of his regime together, including Jovic, Kostic and Adzic. But by a decision of Chief Prosecutor Carla del Ponte, the policy was then dropped in favour of an indictment of Milosevic alone. Apart from allowing his chief collaborators to escape justice, this had the unfortunate effect – as Geoffrey Nice, who led the prosecution of Milosevic, himself noted – that when Milosevic died in 2006, his trial came to an end, and with it, the trial of his regime. This contrasts with the sensible indictment strategy pursued over Serbian war-crimes in Kosovo by del Ponte’s predecessor, Louise Arbour, who indicted five top members of the regime together, including Milosevic.
In her published memoirs, del Ponte’s failure to understand the planning and organising of the war in Bosnia is apparent; it is a failure that found expression in her misguided indictment strategy. She describes Milosevic and Croatia’s Franjo Tudjman as the two figures primarily responsible for the break up of Yugoslavia – as if their respective roles in the process were equal, and as if none of the other leading members of Milosevic’s Belgrade regime was of similar importance. But this is false.
The break up of Yugoslavia and the wars in Croatia and Bosnia all formed part of a single process, planned by the regime in Belgrade under Milosevic’s leadership from at least the spring of 1990, with the goal of creating a Great Serbia (masquerading as a ‘new Yugoslavia’). So far as Bosnia was concerned, this ’joint criminal enterprise’ aimed to destroy the country and kill or expel most of the Muslim or Bosniak population. Most of Bosnia, as well as large parts of Croatia, were to be annexed by Serbia, and rump Croatia was to receive some Bosnian territory as well, with the Muslims or Bosniaks, at best, being confined to an Indian reservation in between. Tudjman was an eager collaborator in this programme of genocide and aggression, whose other leading members were, in particular, the aforementioned Jovic, Kostic, Kadijevic, Adzic, Stanisic, Panic and Bulatovic. None of these has yet been punished, and most of them certainly never will be.
As for Mladic, he was merely a middle-ranking agent in the planning and launching of this enterprise – more than a pawn, but not more than a knight or a bishop. So while his arrest and trial should be celebrated, and while we have much to expect from it, let us not pretend that justice is being served.
Serbian war-crimes prosecutor Vladimir Vukcevic announced at a news conference today that Serbia has issued an international warrant for the arrest of the late Mother Teresa of Calcutta, an ethnic Albanian accused of atrocities against Yugoslav soldiers and civilians during the conflict in Kosovo of 1998-1999.
According to one Serbian source, ‘Mother Teresa was a leading member of the global jihad; an Islamist terrorist fighting for a Greater Albania, who also traded in the kidneys and other organs of prisoners captured by her forces. She met with Osama bin Laden in Albania in 1998 and planned with him the launching of the Kosovo Liberation Army’s uprising.’ The source dismissed objections that Mother Teresa was a Catholic nun, therefore unlikely to have participated in an Islamic jihad: ‘It is an indisputable and universally acknowledged fact that the Vatican first promoted the break up of Yugoslavia, then supported the jihad in Bosnia and Kosovo with the aim of destroying the Serbian nation.’ As for Mother Teresa having already been dead at the time the crimes in question were alleged to have occurred: ‘Our enemies have always exaggerated their casualties, with the aim of demonising the Serbs so as to pave the way for military intervention against us. It is common knowledge that most of the 8,000 Bosnian Muslims allegedly killed in the so-called “massacre” at Srebrenica later turned up alive and well in the Muslim-held town of Tuzla.’
Mr Vukcevic rejected criticism that the case against Mother Teresa was politically motivated, insisting that the allegations against her were valid: ‘I believe there is a sufficient level of reasonable doubt for an investigation to be carried out regarding these crimes’ he told the news conference.
The issuing of the international warrant means that Mother Teresa is in danger of being arrested, should she travel outside India, the country whose citizenship she held and where she lived until her death in 1997.
Greater Surbiton News Service
‘Muscat – Foreign minister Vuk Jeremic announced in Oman that he greatly appreciates the policy of the Sultanate and expressed his gratitude to that country for supporting Belgrade over the question of Kosovo and Metohija.’
‘Pristina – Oman is the 75th state to have recognised Kosovo, deputy minister of foreign affairs Vlora Citaku announced in Pristina. Vlora Citaku stated at a press conference that the note recognising Kosovo was handed to the Kosovar ambassador in Great Britain Muhamet Hamiti.’
Hat tip: Andrey
The ‘Israel of the Balkans’ was how journalist Michael J. Totten once described Kosovo. Well, Kosovo is certainly receiving the Israel treatment now: real or alleged crimes of its political and military leaders are being loudly trumpeted by the very states that would like to see it wiped off the map. The Putin regime in Russia, which for the past two years has blocked Kosovo’s full international recognition as a ploy to divide Serbia from the West and derail the Euro-Atlantic integration of the Western Balkans, has led demands for an international probe into allegations of organ trafficking on the part of Kosovar officials. This is the same Russia that ranks 154th out of 178 countries on Transparency International‘s corruption index – 44 places lower than Kosovo, at 110th place, and 63 places lower than Albania, at 87th place. Serbia’s President Boris Tadic has likewise been prominent in demanding an international probe. He has lambasted the role of organised crime in the Balkans, claiming that ‘It subverts politics. It corrupts economies’ and ‘it kills to steal parts of people’s bodies’, an unsubtle allusion suggesting that his statement had less actually to do with opposition to organised crime, and more with the ongoing Serbian campaign to undermine Kosovo’s independence.
Both Kosovo and its enemies are, however, agreed that an international investigation must take place. Both Prime Minister Sali Berisha of Albania and Prime Minister Hashim Thaci of Kosovo – himself the most prominent Kosovar accused by the Parliamentary Assembly of the Council of Europe’s report into organ trafficking – have called for an independent international investigation into the allegations. Such an investigation is indeed essential. If Thaci and other accused Kosovars are guilty, then they must be brought to justice. If they are innocent, they must be exonerated. Either way, it is in the interest of Kosovo and its people that the matter be resolved. Thaci was re-elected prime minister of Kosovo in December, and it would be a monstrous injustice to Kosovar democracy for a freely elected prime minister to carry the stigma of crimes of which he is innocent; equally, a democratic Kosovo founded on the rule of law requires that any war-criminals or other criminals from among its ranks be brought to justice, no matter how high-ranking they be. If Kosovo is the Israel of the Balkans, it is worth remembering that it is a tribute to the Israeli justice system that Israel’s former president Moshe Katsav was recently convicted of rape and sexual harassment by an Israeli court.
Since Thaci has accepted the need for a full and independent international investigation into the organ-trafficking charges and is not attempting to obstruct the course of justice, he is entitled to the degree of respect due to the democratically elected leader of a national government, and should be assumed innocent until proven guilty. Other high-ranking officials of former-Yugoslav states have been prosecuted for war-crimes but found not to be guilty – including Serbia’s former president Milan Milutinovic and Bosnia’s former chief of staff of the army, Sefer Halilovic. Earlier investigations having failed to uncover any evidence that members of the Kosovo Liberation Army were involved in trafficking the organs of their captives. There is therefore reason to give Thaci and his fellow accusees the benefit of the doubt – so long as they continue to cooperate with international investigations.
Were Marty’s report merely the result of an impartial investigation into allegations of war-crimes, it would be something that all Kosovars and all friends of Kosovo could welcome unequivocally. After all, the prosecutions of Serb and Croat accused war-criminals by the International Criminal Tribunal for the former Yugoslavia (ICTY) were welcomed by all Serb and Croat democrats, and opposed only by nationalists. Indeed, a previous sitting Kosovar prime minister, Ramush Haradinaj, was indicted and prosecuted by the ICTY, and though acquitted, is now in the process of being re-tried.
What makes Marty’s accusations problematic is not the idea that a high-ranking official of Kosovo should be accused of war-crimes, but that they are linked to an anti-Kosovar political agenda. Marty was a sworn opponent of Kosovo’s independence, and chose to publish his report immediately after its principal target, Thaci, was victorious in Kosovo’s general election. The report is not limited to specific criminal allegations against individual Kosovars – such as might be found in an ICTY indictment – but also constitutes a critique of Western policy. Marty’s report pointedly states: ‘The NATO intervention had essentially taken the form of an aerial campaign, with bombing in Kosovo and in Serbia – operations thought by some to have infringed international law, as they were not authorised by the UN Security Council – while on the ground NATO’s de facto ally was the KLA.’ The strong implication is that the ‘some’ include Marty himself. The language used in the report, including the use of terms such as ‘frightful’, ‘horrendous’, ‘wicked’, ‘insane’, and references to Marty himself in the first person, including a reference to his own – ‘sense of moral outrage’ – suggest above all a personalised statement of opinion and value-judgement.
As Marty’s report presents it, international intervention in Kosovo has been unduly biased in favour of the Kosovo Albanians and against Serbia: ‘The appalling crimes committed by Serbian forces, which stirred up very strong feelings worldwide, gave rise to a mood reflected as well in the attitude of certain international agencies, according to which it was invariably one side that were regarded as the perpetrators of crimes and the other side as the victims, thus necessarily innocent. The reality is less clear-cut and more complex.’ And again: ‘All the indications are that efforts to establish the facts of the Kosovo conflict and punish the attendant war crimes had primarily been concentrated in one direction, based on an implicit presumption that one side were the victims and the other side the perpetrators. As we shall see, the reality seems to have been more complex.’ And again: ‘what emerged in parallel [to the crimes being carried out by Milosevic's Serbia] was a climate and a tendency according to which led to all these events and acts were viewed through a lens that depicted everything as rather too clear-cut: on one side the Serbs, who were seen as the evil oppressors, and on the other side the Kosovar Albanians, who were seen as the innocent victims.’ Consequently, ‘The international actors chose to turn a blind eye to the war crimes of the KLA, placing a premium instead on achieving some degree of short-term stability.’; ’International officials told us… that the approach of the international community could be aptly encapsulated in the notion of “stability and peace at any cost”. Obviously such an approach implied not falling out with the local actors in power.’ Marty’s unconcealed agenda is to correct this perceived pro-Albanian imbalance in international policy.
On another occasion, Marty said ‘Most of the facts mentioned were known … and there is a silencing of facts… Those things were known to intelligence services of several countries. They were known to police services, to many people who told us in private, “Oh yes, we know this,” but chose to remain silent for reasons of political opportunity.’ This represents an indictment of the international community as much as of members of the KLA. But it is not a fair one: the ICTY indicted sixteen individuals for war-crimes in Kosovo, of whom seven were Albanians and nine were Serbian officials. Albanians, responsible for less than a fifth of the killing during the Kosovo War, made up two-fifths of the ICTY’s indictees for war-crimes in Kosovo. A sitting Kosovar prime minister was, as noted above, himself indicted. Marty’s claim that only one side has been treated as guilty and the other as innocent by international bodies is therefore false.
Marty’s report complains that ‘the ICTY carried out an exploratory mission to the site of the notorious “Yellow House”, though proceeding in a fairly superficial way and with a standard of professionalism that prompts some bewilderment.’ He has not so much sought to complement and build upon the work of existing mechanisms for international justice, but to dismiss them in the service of his own political narrative, critical of the supposedly pro-Albanian policy of the international community. Rather then let his allegations against members of the KLA speak for themselves, Marty himself tells us what the conclusion should be: ‘The evidence we have uncovered is perhaps most significant in that it often contradicts the much-touted image of the Kosovo Liberation Army, or KLA, as a guerrilla army that fought valiantly to defend the right of its people to inhabit the territory of Kosovo.’
None of this means that Marty’s allegations against Thaci and other Kosovars are necessarily untrue. But it does mean that they are not the accusations of an impartial investigator, but of someone with an unhidden political agenda. Marty is a member of the Parliamentary Assembly of the Council of Europe, and as Denis MacShane writes, ‘the Council of Europe is not some disinterested gathering of Amnesty International or Human Rights Watch parliamentarians but a deeply conflicted politicised body where states mobilise to promote support for their current Weltanschauing.’ MacShane links Marty’s accusations to Russian machinations in the Council of Europe. In these circumstances, there should be no automatic assumption that Marty is right and that Thaci and his fellows are guilty. On the contrary, the onus should very much be on Marty and his collaborators to provide the evidence to substantiate their very serious allegations against the democratically elected prime-minister of a European state.
From Serbia’s Karadjordje Petrovic to Turkey’s Kemal Ataturk and beyond, leaders of national-liberation struggles have carried out massive atrocities but continued to be revered by subsequent generations of their respective nations, and often by outsiders as well. Today, we expect a higher standard of respect for human rights and human life from contemporary statesmen, and are ready to prosecute members of a national-liberation struggle guilty of war-crimes. Yet the crimes of Karadjordje and Ataturk do not invalidate the independence and statehood of Serbia or Turkey; nor do the crimes of Croatia’s Franjo Tudjman invalidate Croatia’s independence and statehood; nor does the Deir Yassin massacre invalidate Israel’s independence and statehood. Whatever the truth of Marty’s allegations, Kosovo’s struggle for freedom and independence from Serbian colonial rule was legitimate and just. Now, more than ever, the democratic world should rally round Europe’s newest democracy, and make clear that independent Kosovo will never, ever be wiped off the map.
This article was posted today on the website of the Henry Jackson Society.
Readers may remember The Guardian newspaper’s grovelling apology to genocide deniers Noam Chomsky and Diana Johnstone of 17 November 2005, after its journalist Emma Brockes criticised them. Readers may also remember that Seumas Milne, an influential figure within the newspaper’s management and former comments editor, condemned the extradition of Slobodan Milosevic to The Hague in 2001 and complained that the post-Milosevic democratic government in Serbia had ‘dug up [Albanian] corpses to order’ in order to justify the extradition. In which case, readers will not be surprised that The Guardian has again today flirted with denial of Milosevic’s crimes.
In today’s online edition of the paper, a story appears under the subtitle ’William Walker, who exposed a Serbian ‘massace’ [sic] in the 1990s, is supporting Albin Kurti’s party which wants unity with Albania’. A photo of Walker then appears, bearing the caption ‘William Walker in March 1999 after he exposed the ‘massacre’ of at least 39 villagers in Racak by Slobodan Milosevic’s Serbian forces.’ Journalist Paul Lewis then writes:
‘A veteran US diplomat whose declaration of a “massacre” by Serb forces paved the way for the Nato bombing campaign in 1999 has surprised observers by campaigning in the Kosovo elections for a radical nationalist party led by a former student rebel.
William Walker, 75, who is revered as a hero in Kosovo for leading the international monitoring mission that reported the slaughter of 45 Kosovo Albanians in the village of Racak, has appeared on the campaign trail in support of the Self-Determination party.’
Thus, in reference to the Racak massacre of January 1999, The Guardian three times puts the word ‘massacre’ in quote marks within the space of a single short article.
Further comment would be superfluous.
The Republic of Serbia has decided by a majority of 1-0 that the whole world is against Serbia and the Serb nation. The result, brought over the case ‘Serbia vs the whole world’ that was initially launched in 1991, came as a surprise, as most analysts had predicted an ambiguous verdict that would allow both sides to claim victory.
‘This is a landmark decision’, a leading Serbian intellectual said today; ‘it means that absolutely every defeat suffered by Serbia and the Serbs; every atrocity that we are accused of; all negative media coverage; every legal decision in international and national courts that hasn’t gone our way; and generally everything that has gone wrong for us in the last two decades of our history - or even longer - can be put down to an anti-Serb conspiracy that includes the Vatican, the Comintern, Germany, the US, the Islamic world, the whole world, the solar system, the galaxy and the whole of creation generally, rather than being in any way a reflection of anything we’ve done wrong, even in the slightest.’
However, analysts warned that the ruling set a dangerous precedent that could destabilise the international order. ‘It is likely to lead to even more bloody-minded, self-defeating and downright stupid and embarrassing moves by Serbia, in the manner of the attempt to have Kosovo’s declaration of independence ruled illegal by the world court; the Ganic extradition request; the burning of the embassies in 2008; the shielding of Ratko Mladic; the rejection of the Rambouillet terms; everything Slobodan Milosevic ever did; the coup d’etat of 26-27 March 1941; the Vidovdan constitution; the assassination of Archduke Franz Ferdinand; the choosing of the heavenly kingdom by Prince Lazar; and so on and so forth’, one international legal expert said.
Greater Surbiton News Service
The bile of the new champions of colonialism was flowing freely last week after the International Court of Justice (ICJ) ruled that Kosovo’s declaration of independence did not violate international law. The New York Times‘s Dan Bilefsky referred opaquely to ‘legal experts’ and ‘analysts’ who warned that the ruling could be ‘seized upon by secessionist movements as a pretext to declare independence in territories as diverse as Northern Cyprus, Somaliland, Nagorno-Karabakh, South Ossetia, Abkhazia, Transnistria and the Basque region.’ The ‘legal experts’ and ‘analysts’ in question remain conveniently unnamed, though they are clearly not very ‘expert’, since if they were, they would presumably have known that most of those territories have already declared independence. The Guardian‘s Simon Tisdall claimed that the ICJ’s ruling would be welcomed by ‘separatists, secessionists and splittists from Taiwan, Xinjiang and Somaliland to Sri Lanka, Georgia and the West Country’, leading one to wonder what the difference is between a ‘separatist’, a ‘secessionist’ and a ‘splittist’.
Let’s get this straight. No democratic state has anything to fear from ‘separatism’, and anyone who does fear ‘separatism’ is no democrat. I am English and British, and I do not particularly want the United Kingdom to break up. But I am not exactly shaking in fear at the prospect of the ICJ’s ruling encouraging the Scots, Welsh or Northern Irish to break away. And if any of these peoples were to secede, I’d wish them well, because I am a democrat, not a national chauvinist. The Cassandras bewailing the ICJ’s ruling are simply expressing a traditional colonialist mindset, which sees it as the natural order of things for powerful, predatory nations to keep enslaved smaller, weaker ones, and an enormous affront if the latter should be unwilling to bow down and kiss the jackboots of their unwanted masters. Can’t those uppity natives learn their place ?!
The Western democratic order, and indeed the international order as a whole, is founded upon national separatism. The world’s most powerful state and democracy, the United States of America, was of course born from a separatist (or possibly a secessionist or splittist) revolt and unilateral declaration of independence from the British empire. The American separatist revolt was sparked by resistance to British-imposed taxes without representation, which seem a less serious grievance than the sort of mass murder and ethnic cleansing to which the Kosovo Albanians were subjected by Serbia. Most European states at one time or another seceded from a larger entity: roughly in chronological order, these have been Switzerland, Sweden, the Netherlands, Portugal, Greece, Belgium, Luxemburg, Serbia, Montenegro, Romania, Norway, Bulgaria, Albania, Poland, Finland, Czechoslovakia, Ireland, Iceland, Cyprus, Malta, Lithuania, Latvia, Estonia, Georgia, Armenia, Azerbaijan, Ukraine, Belarus, Slovenia, Croatia, Macedonia, Bosnia-Hercegovina, Slovakia, the Czech Republic and Montenegro (for the second time). No doubt Northern Cyprus, Somaliland, Transnistria etc. drew some inspiration from this long separatist success story.
Serbia itself has a proud separatist tradition, going back at least as far as the First Serbian Uprising of 1804, when the separatist leader Karadjordje Petrovic attempted to bring about the country’s unilateral secession from the Ottoman Empire. Some might argue that the eventual international acceptance of Serbia’s independence in 1878 was not unilateral, since it was brought about by the Treaty of Berlin to which the Ottoman Empire was a signatory. But this is disingenuous, since the Ottomans only accepted Serbia’s independence after they had – not for the first time – been brutally crushed in war by Russia. Undoubtedly, were Serbia to be subjected to the sort of external violent coercion to which the Ottoman Empire was repeatedly subjected by the European powers during the nineteenth century, it would rapidly accept Kosovo’s independence. Let us not pretend that bilateral or multilateral declarations of independence hold the moral high ground vis-a-vis unilateral ones – they simply reflect a difference balance in power politics.
As an independent state from 1878, Serbia left the ranks of the unfree nations and joined the predators, brutally conquering present-day Kosovo and Macedonia in the Balkan Wars of 1912-1913, thereby flagrantly violating the right of the Albanian and Macedonian peoples to determine their own future in the manner that the people of Serbia already had. In 1918, Serbia became hegemon of the mini-empire of Yugoslavia. So ‘separatist’ became a dirty word for Serbian nationalists who, in their craving to rule over foreign lands and peoples, conveniently forgot how their own national state had come into being. Nevertheless, it was Serbia under the leadership of Slobodan Milosevic whose policy of seceding from Yugoslavia from 1990 resulted in the break-up of that multinational state: Serbia’s new constitution of September 1990 declared the ‘sovereignty, independence, and territorial integrity of the Republic of Serbia’ – nearly a year before Croatia and Slovenia declared independence from Yugoslavia. This would have been less problematic if Milosevic’s Serbia had not sought to take large slices of neighbouring republics with it as it set about asserting its own, Serbian national sovereignty from the former multinational Yugoslav federation.
So, plenty of precedents from which separatists, secessionists, splittists and the like could have drawn inspiration, long before the ICJ’s ruling on Kosovo. Why, then, the international disquiet at the verdict ? The simple answer is that the disquiet is felt by brutal or undemocratic states that oppress their own subject peoples, and wish to continue to do so without fear that their disgraceful behaviour might eventually result in territorial loss. Thus, among the states that oppose Kosovo’s independence are China, Iran, Sudan, Morocco, Sri Lanka, Indonesia and India, all of them brutally oppressing subject peoples or territories and/or attempting to hold on to ill-gotten conquests – Xinjiang, Tibet, the Ahwazi Arabs, Darfur, Western Sahara, the Tamils, West Papua, Kashmir, etc. At a more moderate level, Spain opposes Kosovo’s independence because it fears a precedent that Catalonia or the Basque Country could follow. Spain is a democracy, but a flawed one; its unwillingness to recognise the right to self-determination of the Catalans and Basques echoes the policy pursued by the dictator Francisco Franco, who brutally suppressed Catalan and Basque autonomy and culture following his victory in the Spanish Civil War. Likewise, Romania and Slovakia are crude and immature new democracies with ruling elites that mistreat their Hungarian minorities and identify with Serbia on an anti-minority basis.
Of course, states such as these will not be happy that an oppressed territory like Kosovo has succeeded in breaking away from its colonial master. But this is an additional reason for democrats to celebrate the ICJ’s decision: it should serve as a warning to states that oppress subject peoples or territories, that the international community’s tolerance of their bad behaviour and support for their territorial integrity may have its limits. Thus, a tyrannical state cannot necessarily brutally oppress a subject people, then bleat sanctimoniously about ‘international law’ and ‘territorial integrity’ when its oppression spawns a separatist movement that wins international acceptance: it may find that international law will not uphold its territorial integrity. Serbia’s loss of Kosovo should serve as an example to all such states.
Of course, there are states, such as Georgia and Cyprus, whose fear of territorial loss is legitimate. But in this case, the problem they are facing is not separatism so much as foreign aggression and territorial conquest. The ‘secession’ of Abkhazia and South Ossetia from Georgia was really the so-far-successful attempt by Georgia’s colonial master – Russia – to punish Georgia for its move toward independence, and exert continued control over it, by breaking off bits of its territory. Georgia was the state that was seeking national independence – from the Soviet Union and Russian domination – while the Abkhazian and South Ossetian separatists were the ones wanting to remain subject to the colonial master. In Abkhazia, it was the ethnic Georgians who formed a large plurality of the population, being two and a half times more numerous than the ethnic Abkhaz - any genuinely democratic plebiscite carried out before the massive Russian-backed ethnic cleansing of the 1990s would most likely have resulted in Abkhazia voting to remain in Georgia. South Ossetia might have a better demographic case for independence, thought not as strong as the larger and more populous republic of North Ossetia in Russia, whose independence, should it ever be declared, Moscow is unlikely to recognise. In the case of Northern Cyprus, the foreign aggression was more blatant still: there was no ‘Northern Cyprus’ until Turkey invaded the island of Cyprus in 1974, conquered over a third of it, expelled the Greek population and created an artificial ethnic-Turkish majority there. It is above all because of the reality of Russian and Turkish aggression against, and ethnic cleansing of, smaller and weaker peoples, that Abkhazia, South Ossetia and Northern Cyprus should not be treated as equivalent to Kosovo.
Milorad Dodik, the prime minister of Bosnia’s Serb Republic (Republika Srpska – RS), has suggested that the ICJ’s ruling on Kosovo opens the door to the potential secession of the RS. The RS is not a real country, but an entity created by genocide and massive ethnic cleansing; anyone who equates it with Kosovo is at best an ignoramus and at worst a moral idiot. Nevertheless, we sincerely hope that the RS’s leadership be inspired by the Kosovo precedent and attempt to secede – such an attempt would inevitably end in failure, and provide an opportunity for the Bosnians and the Western alliance to abolish the RS or at least massively reduce its autonomy vis-a-vis the the central Bosnian state, thereby rescuing Bosnia-Hercegovina from its current crisis and improving the prospects for long-term Balkan stability.
Finally, if the ICJ’s ruling on Kosovo really does inspire other unfree peoples to fight harder for their freedom, so much the better. As the US struggle for independence inspired fighters for national independence throughout the world during the nineteenth century, so may Kosovo’s example do so in the twenty first. May the tyrants and ethnic cleansers tremble, may the empires fall and may there be many more Kosovos to come.
This article was published today on the website of the Henry Jackson Society.
There are at least two reasons why the last two months have been good for the Balkans.
The first is that what is left of the propaganda edifice constructed by the Serb nationalists during the wars of the 1990s has received three heavy blows. Serb nationalists and their Western lobbyists spent the best part of these wars trying to convince the world that Serb war-crimes were mostly the fabrication of a hostile international media. For example, apologists such as John Pilger have long claimed that mass graves of Kosovo Albanians were as non-existent as Saddam Hussein’s weapons of mass destruction, and that not enough Albanian bodies have been discovered to support the figure of approximately 10,000 Albanians killed by Serbian forces in 1998-1999. Yet on 10 May of this year, Serbia’s War Crimes Prosecution Office announced that a mass grave, thought to contain the bodies of about 250 ethnic Albanians, was discovered at Raska in southwestern Serbia, near the border with Kosova. The slow but steady location and identification of the remains of the victims of the wars are important not only for the relatives of the dead, but for making the publics of the region – and particularly the Serbian public – aware of the incontrovertible reality of the war-crimes.
Another favourite tactic of the Serb-nationalists propagandists was to muddy the water, by arguing that Croatian, Bosnian, Kosova Albanian and NATO forces were as guilty of atrocities as the Serb forces, or even more so. Perhaps the most graphically gruesome assertion used to support this argument was that the Kosova Liberation Army was guilty of systematically removing and trafficking the internal organs of their Serb captives – a rumour that was started by Carla del Ponte, the maverick former chief prosecutor of the International Criminal Tribunal for the former Yugoslavia, then eagerly seized upon by the water-muddiers. Yet shortly after the discovery of the Raska mass grave, the BBC reported that ‘Three parallel international investigations, by war crimes investigators from Serbia, the European Union, and the Council of Europe, have failed to uncover any evidence that the Kosovo Liberation Army (KLA) trafficked the organs of captives, according to sources close to each investigation.’ Although the KLA did commit atrocities – as all national-liberation movements that resort to armed struggle do – the myth that its atrocities represented a degree of evil equivalent to the Milosevic regime’s systematic ethnic-cleansing of hundreds of thousands of its own citizens has now been laid to rest.
The third blow against Serb-nationalist propaganda was a spectacular own goal. Ever since 1992, Serb nationalists claimed that the war in Bosnia was not a war of aggression waged by Serbia against its neighbour, but a ‘civil war’ between the Bosnian Serbs, Croats and Muslims, in which Serbia merely assisted the Bosnian Serbs. However, Serbia is currently attempting to secure the extradition of former Bosnian vice-president Ejup Ganic from the UK to Serbia to face spurious ‘war-crimes’ charges, and in order to have the legal right to do this, it has had to accept that at the time of Ganic’s alleged crimes, in early May 1992, an ‘international armed conflict’ was taking place between Serbia and Bosnia. Thus, it has casually torpedoed the eighteen-year-old myth of a Bosnian ‘civil war’.
The steady collapse of Serb-nationalist wartime mythology in the light of new research and developments is part and parcel of the post-war normalisation of the Balkan region. It means a steadily greater awareness – in Serbia, in the Balkan region and in the world as a whole – of the true nature of the wars of the former Yugoslavia. These were wars for which a single regime – that of Slobodan Milosevic in Belgrade – was overwhelmingly to blame, and responsible for most of the killing. The more Serbia’s citizens become aware of this, the less inclined will they be to support aggressive policies reminiscent of Milosevic, while the more the international public becomes aware of it, the less inclined will the international community be to appease any further such policies. Belgrade’s ongoing attempt to have Ganic extradited is, of course, evidence that Serbia has not completely turned its back on Milosevic’s legacy, but the cup of reform is at least half full, and every myth demolished adds another drop.
The second, and more substantial reason why this has been a good period for the Balkans, is the belated resolution of the Slovenian-Croatian border dispute. In a referendum on 6 June, Slovenia’s citizens voted 51.5%, in a turnout of just over 42%, to permit the border dispute to be resolved through international arbitration. The referendum result removes the last major obstacle to Croatia’s membership of the EU, and marks a major step forward for the Euro-Atlantic integration of the former-Yugoslav region. Despite the low turnout, the referendum result indicates a degree of political maturity on the party of Slovenia’s citizens. The Slovenian attempt to hold up the entire process of EU expansion in the Western Balkans to make a cheap territorial grab has proven extremely damaging to Slovenia’s international standing, and damaging to the wellbeing of the entire region. In rejecting the siren call of nationalism made by the Slovenian opposition under Janez Jansa, in favour of harmony within the EU and the region, Slovenia’s people demonstrated an admirable appreciation of where their national interest lies.
Readers might argue that Slovenia is not part of the Balkans, yet the country has recently joined a Balkan regional body, the Southeast European Cooperation Process (SEECP), that includes all the Balkan states except Kosova, including Moldova and Turkey. Somewhat belatedly, given that the body was established in 1996 and its other members all joined by 2007. Despite their proudly felt Central European identity, the Slovenians realise their national interest lies in participating in and facilitating South East European regional cooperation. Their readiness settle their border dispute with Croatia on a fair basis my be linked to this perception.
The Slovenian case demonstrates that the states of the region are not immune to soft pressure from the international community, even if they do happen to be EU members. It provides a model for a possible resolution of another dispute arising from the break-up of Yugoslavia involving an EU member and a candidate country: the Greek-Macedonian ‘name dispute’. EU and NATO members should put pressure on the parties to this dispute to permit it to be settled by binding international arbitration, in the manner of the Slovenian-Croatian border dispute. With Greece in the throes of acute economic and social crisis, with its social capital expended and its international standing at an all-time low, an ideal opportunity exists to pressurise Greece to accept this. However, bizarre as it may seem to any rational person unaccustomed to the perverse ethics of the EU, the latter has rewarded Greece for its spectacular economic selfishness and irresponsibility with a still more craven appeasement of its anti-Macedonian nationalist policy.
The EU’s failure to resolve the Greek-Macedonian conflict, despite ample opportunity, is contributing to the deterioration in relations between the political parties in Macedonia representing the country’s two principle nationalities: the ethnic Macedonians and ethnic Albanians. Ethnic-Albanian parties, who do not feel particularly committed to the country’s constitutional name, are increasingly frustrated with the Macedonian government’s failure to progress toward EU membership in light of Greece’s veto. In a worse case scenario, this could lead to the collapse of the Macedonian state and a new regional conflagration, drawing in Macedonia’s neighbours and potentially spreading to other Albanian-inhabited Balkan states. If this were to occur, the EU would have only itself to blame.
Thankfully, such a catastrophe does not appear imminent. The same cannot, unfortunately, be said for another consequence of EU vacillation: the alienation of Turkey from the Western alliance. Turkey’s increasingly aggressive policy of Israel-baiting, manifested most spectacularly in its permitting of the Gaza aid flotilla to sail from its shores last month, with predictable bloody consequences, is the bastard child of the Franco-German-led policy of keeping Turkey out of the EU. Turkey’s turn toward Iran and Syria and away from Israel cannot be excused, but it can be understood, as the rising Turkish regional superpower seeks to carve out a new, more Islamic and Middle Eastern role for itself in place of its denied EU role. Instead of being drawn into the club, where it would have to play by the rules, Turkey has been left outside, where it is increasingly going rogue.
It would not require superhuman efforts on the part of the UK and its allies to keep the Balkans on the straight and narrow. The region is slowly and unsteadily reforming, but faces a number of surmountable obstacles, which we are in a position to help it overcome. Weakened, discredited Greece could be pressurised to lift its veto on Macedonia’s EU and NATO accession, and the EU member states could make a joint and unambiguous commitment to Turkish membership when certain conditions are met. The tragedy is that even these easy steps are blocked by the selfish and short-sighted interests of certain EU members, above all France and Germany. The UK needs to break ranks more openly with them with regard to both issues, and to campaign loudly and publicly for a change in EU policy. We must point out the potentially catastrophic consequences for Europe and the Middle East of abandoning Macedonia and Turkey, and say openly whose fault it will be if things go further wrong. We might offend our allies now, but that is preferable to having to clean up their mess tomorrow.
This article was published today on the website of the Henry Jackson Society.
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