Greater Surbiton

The perfect is the enemy of the good

Vindication or travesty ? Operation Storm’s Ante Gotovina and Mladen Markac acquitted

‘The largest single ethnic-cleansing operation of the Yugoslav wars’ – such was the soundbite that was linked to Operation Storm (Operacija Oluja), from soon after the successful Croatian military operation was waged back in August 1995. That atrocities were carried out by Croatian soldiers and civilians during and after the operation has never credibly been disputed. But the attempt to paint Oluja as an ethnic-cleansing operation – indeed as an ethnic-cleansing operation larger in scale than the Serbian assaults on Croatia and Bosnia in 1991-1992 – has always been rightly contested. Yesterday’s acquittal by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) of Croatian commanders Ante Gotovina and Mladen Markac for crimes against Serb civilians between July and September 1995, above all during ‘Operation Storm’, leaves the victims without justice, but represents a defeat for long-running attempts in the West to redistribute guilt from the aggressors to the victims.

Had the ICTY’s prosecution simply sought to indict, prosecute and punish Croats guilty of atrocities against Serbs in the period July-September 1995, it would no doubt have been successful, and the victims would have received at least some justice. Unfortunately, the prosecution attempted something more: to write the historical record of the wars of Yugoslav succession, in a manner that reflected the predominant perception of Western policy-makers. This perception was that, whereas the Serb side was responsible for the largest proportion of the crimes and killing, there was ultimately no fundamental difference in the guilt and actions of each of the sides during the war; it was merely a quantitative difference. In her published memoirs, Carla del Ponte, the Chief Prosecutor of the ICTY at the time when the original indictment against Gotovina was issued, explicitly equalised the blame of Serbia’s Slobodan Milosevic and Croatia’s Franjo Tudjman as the two individuals primarily responsible for the war (Carla del Ponte and Chuck Sudetic, Madame Prosecutor: Confrontations with Humanity’s Worst War Criminals and the Culture of Impunity, Other Press, New York, 2008, pp. 37, 87, 125). Del Ponte was less of an equaliser than some others, and did at least insist on indicting some Serb perpetrators for genocide, in the face of resistance from other senior prosecution staff. But she also became inveigled in diplomatic and propaganda games with Serbian government ministers, who put her under pressure to prove that the Tribunal was not ‘anti-Serb’.

Consequently, the ICTY prosecutors pursued a policy of indictments that would result in judgements that would support their politics. As I have written before, these indictments thus disproportionately targeted Croatians, Bosnians and Kosovo Albanians; the forces of the Serb side were responsible for well over 80% of the killing of civilians during the whole of the wars of Yugoslav succession, but their officials made up only 68% of indictees. Only six officials of Serbia or the rump Yugoslavia, as opposed to Bosnian Serbs, were ever indicted for war-crimes in Bosnia. The top Yugoslav military commanders and presidency members who led the assaults on Croatia and Bosnia in 1991-1992 (Borisav Jovic, Branko Kostic, Veljko Kadijevic, Blagoje Adzic, Zivota Panic and others) were never indicted. Conversely, the ICTY prosecutors indicted such high-ranking and prominent Croatian and Bosnian officials as former Croatian Army chief of staff Janko Bobetko, Bosnia’s two most important military commanders Sefer Halilovic and Rasim Delic, and Bosnian commander in Srebrenica Naser Oric. When Alija Izetbegovic died in 2003, del Ponte indicated that he might have faced charges had he lived. Unfortunately for the prosecutors, however, the courts stubbornly refused to uphold the picture the prosecution sought to paint: Halilovic and Oric were acquitted, and Delic was sentenced to a mere three years in prison, after the prosecution had sought fifteen. Bobetko was already near death when he was indicted, and died before being extradited.

The sorry story of the Operation Storm indictments and trials should be seen against this background. In Operation Storm, the Croatians were not trying to conquer anyone else’s territory; they were engaged in a defensive operation to free their own territory from occupation by troops controlled by a foreign state (Serbia); troops that were engaged at the time in armed aggression against a neighbouring state (Bosnia) and threatening to carry out a further genocidal act against its population, following the genocidal massacre at Srebrenica a month before. As I have written, Operation Storm was a successful case of genocide prevention that saved the Muslim population in the Bihac enclave of north-west Bosnia from experiencing the fate of the people of Srebrenica. Yet for those seeking to equalise, as much as possible, the guilt of the sides in the former-Yugoslav war, Operation Storm had to be presented as a gratuitous act of ethnic-cleansing by Croat perpetrators against Serb victims – equivalent to the Serb crimes of 1991-1992.

The indictees, Gotovina, Markac and Ivan Cermak were accused of being part of a ‘Joint Criminal Enterprise’ (JCE) whose ‘common purpose’ was ‘the permanent removal of the Serb population from the Krajina region by force, fear or threat of force, persecution, forced displacement, transfer and deportation, appropriation and destruction of property or other means.’ This accusation therefore paralleled the prosecution’s accusations of a JCE levelled against the top Serbian leadership, whose goals were ‘the permanent removal of a majority of the Croat and other non-Serb population from a large part of the territory of the Republic of Croatia’ and ‘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’. But Operation Storm had not involved the acts previously associated with ethnic cleansing in the former Yugoslavia: the rounding up of civilians; their being made to sign away their property to the authorities; their imprisonment, torture and killing in concentration camps; their being bussed out of the area. Instead, at the time of Operation Storm, the Serb authorities themselves organised and ordered the evacuation of the Serb civilians in the face of the Croatian offensive; whatever their intentions, the Croatians never had the chance to organise their removal.

To attribute the exodus of Serb civilians to Croatian actions therefore required the prosecution to develop a new model of how ethnic cleansing occurs. The ICTY prosecutors therefore argued that the Croatians aimed and succeeded in bringing about the removal of the Serb population from the so-called Krajina by artillery bombardment. This was already a dubious proposition – towns in Bosnia had been shelled for years by Serb and Croat forces without their entire population fleeing overnight. The prosecution nevertheless argued – and the original ICTY Trial Chamber accepted – that the exodus of Serb civilians was caused by the bombardment, not by the orders given by the Krajina Serb authorities to evacuate. However, attributing the cause of the exodus to the bombardment was not enough to establish the existence of the JCE, in the absence of evidence that this had been the intent behind the bombardment. Since only the most ambiguous support could be found for the thesis in the statements of the Croatian leadership – above all, the minutes of the Brioni meeting of 31 July 1995 – the intent had to be deduced from the character of the Croatian artillery fire, and whether it appeared accurately to be directed at civilian targets. So the prosecution argued that the existence of a JCE could be deduced from the fact that the Croatian artillery had targeted civilian areas in the so-called Krajina, and that this bombardment succeeded in bringing about the exodus of the Serb population. But since the Croatian forces were engaged in a lawful military operation against enemy armed forces in control of those same civilian centres, the prosecution had to show that Croatian artillery fire was not simply a part of those operations. The existence of the JCE therefore stood or fell on an analysis of the accuracy of Croatian artillery fire. At The Hague on Friday, it fell like the house of cards it essentially was. Most of the judgement of the Appeals Chamber consists, somewhat surreally, of a lengthy analysis of Croatian artillery fire.

ICTY prosecutors have long demonstrated a confused understanding of the wars in the former Yugoslavia. Their indictments have tended to target ‘famous names’ and acts people in the West had heard of; hence the notorious Zeljko Raznatovic Arkan and Vojislav Seselj were indicted, instead of Serbian leaders less well known in the West, but whose responsibility for crimes was much greater. The accusation that the Croatian bombardment of Knin, the capital of the ‘Republic of Serb Krajina’, was a ‘war crime’ originated with the arch-appeaser Carl Bildt, who was the EU’s special envoy for the former Yugoslavia at the time of Operation Storm. It was made in the context of an EU strategy that opposed any military action against Serb forces – either on the part of the international community, or on the part of the Croatians and Bosnians – and that sought instead to achieve peace in the former Yugoslavia through collaboration with the regimes in Belgrade and Pale. Bildt’s loud condemnation, at the time, of the Croatian bombardment of Knin, and his suggestion that it was a war-crime for which Tudjman himself should be held responsible, may have stuck in the minds of ICTY investigators as they considered how to pick Croatians to indict. Yet Knin had suffered minimal damage and civilian casualties as a result of the bombardment, made in the course of a legitimate military operation to recapture the town. This was in stark contrast to Vukovar, which was wholly destroyed by Serbian forces in 1991, and for whose destruction nobody was indicted by the ICTY (though some were indicted for atrocities carried out against the patients at Vukovar Hospital after the town fell).

Seventeen years later, Bildt’s red herring regarding the bombardment of Knin has met its ignominious demise. Since the Appeals Chamber ruled that the existence of a JCE could not be deduced from the pattern of Croatian artillery fire, the central premise of the prosecution’s case was thrown out. And since Gotovina and Markac had been selected for indictment on the basis of this premise, the rest of the case against them collapsed with it: the Appeals Chamber ruled that they had either attempted to prevent crimes against Serb civilians and property, or had not had effective control of those Croatian forces that had committed them. Had the prosecutors not focused on a supposed JCE, but instead sought to indict Croatian perpetrators who could actually be definitely linked to actual killings, they would no doubt have succeeded.

The Appeals Chamber’s verdict has not exonerated the Croatian side of crimes carried out during and after Operation Storm; on the contrary, it explicitly refers to crimes against Serb civilians in its acquittal of Gotovina and Markac. These victims have not now received justice, and critics are right to point out that the ICTY has failed them. The failure should be attributed, however, to the prosecution’s flawed indictment, not to the decision of the Appeals Chamber.

Not all these critics have been ready to point out the converse: that long before this verdict, the ICTY had already failed the victims of Serbia’s aggression and ethnic cleansing against Croatia. Almost no official from Serbia, Montenegro or the Yugoslav People’s Army (JNA) has been prosecuted and seriously punished for crimes against Croatian citizens in 1991-1992. Of the three relatively minor JNA officers tried over the Vukovar Hospital massacre, one was acquitted (Miroslav Radic) and one freed after serving six and a half years in prison (Veselin Sljivancanin), while only the third received a lengthy punishment of 20 years (Mile Mrksic). Of those JNA officers or admirals indicted over the shelling of Dubrovnik, Miodrag Jokic received a seven-year sentence and was granted early release after three years; Pavle Strugar received seven and a half years and was released on compassionate grounds less than a year later; the indictment against Milan Zec was withdrawn; and Vladimir Kovacevic had his trial transferred to the Serbian courts. Yugoslav Army Chief of Staff Momcilo Perisic was sentenced to 27 years – not for his actions in Croatia in 1991-92, but in part for the rocket attack by the Krajina Serbs on Zagreb in May 1995. Otherwise, the ICTY’s punishment to date has spared Serbia and fallen on Croatia’s own ethnic-Serb citizens who collaborated in the aggression (Milan Babic and Milan Martic). No official of Serbia or the JNA has so far been convicted over the Serbian conquest and ethnic cleansing of the so-called Krajina in the first place – the crime that made Operation Storm necessary.

With the quashing of the Operation Storm sentences, the ICTY can be accurately said to have failed seriously to punish the officers on either side in the war between Serbia (including Montenegro and the JNA) and Croatia of 1990-1995. Whether, having failed to punish the Serbian officers who occupied Croatian territory, justice would have been better served had the ICTY at least succeeded in punishing some of the Croatian officers who defeated the occupation, is a moot point.

Monday, 19 November 2012 Posted by | Bosnia, Croatia, Former Yugoslavia, Marko Attila Hoare, Serbia | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

Swedish foreign minister Carl Bildt denies over half the Srebrenica massacre

BildtIn his memoirs of the Bosnian war, Carl Bildt, the foreign minister of Sweden – which took over the EU presidency on 1 July – has this to say about the Srebrenica massacre:

‘In five days of massacres, Mladic had arranged for the methodical execution of more than three thousand men who had stayed behind and become prisoners of war. And probably more than four thousand people had lost their lives in a week of brutal ambushes and fighting in the forests, by the roadside and in the valleys between Srebrenica and the Tuzla district, as the column was trying to reach safety.’ (Carl Bildt, Peace Journey: The struggle for peace in Bosnia, Weidenfeld and Nicolson, London, 1998, p. 66 – all subsequent page references are to Bildt’s book).

The Srebrenica massacre, an act of genocide against the civilian population of Srebrenica that claimed the lives of approximately eight thousand victims, including at least five hundred children under the age of eighteen, has therefore been reduced by Bildt to ‘more than three thousand’, all of them ‘prisoners of war’, while four thousand of the victims are portrayed as battlefield deaths. This would be equivalent to claiming that only two and a quarter million Jewish ‘prisoners of war’ had perished in the Holocaust, while the rest of the six million had been killed in battle.

This was not a casual slip on Bildt’s part. At the time of the Srebrenica massacre, Bildt was the EU’s special envoy to the former Yugoslavia. His massive downplaying of the Serb genocide reflects the EU policy of the time, which was to collaborate with Slobodan Milosevic’s Serbia and with Radovan Karadzic’s Bosnian Serb extremists, and to appease their expansionism. Unlike the US, the EU states staunchly supported the international arms embargo against Bosnia, which prevented the country from defending itself from Serb aggression.

In his memoirs, Bildt’s chapter on July 1995, the month when the Srebrenica massacre occurred, is entitled ‘Success and failure: July 1995′. He believes that when describing his record as EU peace mediator in Bosnia for the period of the Srebrenica massacre, the word ‘success’ should appropriately be put before the word ‘failure’. Some might feel that using the word ‘success’ in relation to EU policy that presided over a genocidal massacre of eight thousand people was just a wee bit inappropriate. But not Bildt, who seems quite proud of his record.

Following the Serb conquest of Srebrenica, Bildt records how he attempted in London on 21 July 1995 to dissuade the Western states from intervening militarily to defend a second Bosnian enclave that was being threatened with a similar fate:

‘[British foreign secretary Malcolm] Rifkind was a little taken aback when I started his day by saying that Gorazde was scarcely threatened, and even if this was the case, I did not believe it could be defended by air strikes. We had to focus on getting the political process going. If we left London with a bombing strategy but without a political strategy, we would almost certainly be faced with even more acts of war and suffering. But sooner or later, we would be forced to return to the political track in any case. Bombing strategies were all very well, but we should not bomb our political opportunities to smithereens.’ (p. 67).

When Serb forces based in Serb-occupied Croatia (so-called ‘Krajina’) attacked the Bihac enclave in north-western Bosnia that same month, threatening to overrun it and enact another massacre on the model of Srebrenica, Croatia – which had signed a military agreement with Bosnia on the 22nd for the defence of Bihac – responded in August with a full-scale military offensive (‘Operation Storm’) against the Krajina area. According to his memoirs, Bildt made no effort whatsoever to deter the Serb attack on Bihac – which he barely acknowledges even occurred – but instead attempted to halt the Croatian counter-offensive. As Bildt records,

‘My public statement was clear: The Croatian offensive against areas inhabited by Serbs must be condemned in the strongest possible terms. This attack is occurring after negotiations have commenced, and when the Serbs are clearly willing to make substantial concessions on both economic and political matters. This will cast a long shadow over Croatia for many years to come. The shelling of the civilian population which is now being reported is particularly serious. It should be recalled that Martic, the ‘president of Krajina’, was charged with war crimes after the Serb rocket attack on Zagreb in May. It is difficult to see any difference between this and the bombardment of Knin, for which President Tudjman must be held responsible.‘ (p. 75).

In other words, the same Bildt who had made no such threat against the leaders of Serbia and the Bosnian Serbs when they were attacking Srebrenica, nor when they attacked Bihac, was now threatening the Croatian president with a war-crimes indictment for launching a counter-offensive against the Serb forces; a counter-offensive made, moreover, on the basis of an agreement with Bosnia-Hercegovina’s legitimate government for the purposes of defending part of its population from conquest and genocide. Bildt described the Serb-occupied areas of Croatia – defined as ‘occupied’ by the UN General Assembly – as ‘areas inhabited by Serbs’, forgetting that these areas had had a substantial Croat population before being ethnically cleansed by the Serb forces in 1991. He found it ‘difficult to see any difference’ between the Krajina Serb extremists’ wholly gratuitous act of civilian terrorism against Zagreb’s civilians in May 1995 and the legitimate Croatian government’s bombardment of Knin, made in the course of a military offensive against the same Serb extremists who were using Croatia’s territory to attack the territory of a neighbouring state, with the likely aim of perpetrating an act of genocide.

We can compare the way in which Bildt attempted to halt the Croatian offensive against Krajina with the way he had responded to the previous month’s Serb offensive against Srebrenica:

‘I had no way of knowing who was responsible for what was happening around Srebrenica, but it was hard to imagine that Milosevic, at any rate, was unable to influence the course of events. Before going to Geneva that afternoon, I therefore sent a clear letter of warning to Milosevic. There was a clear risk, I wrote, that our talks would be completely overshadowed by what was happening around Srebrenica. The entire situation could take a turn for the worse. If the enclave were attacked and overrun, this would be a very serious provocation which might well lead to an escalation of hostilities throughout much of Bosnia. I thus urged him to do everything in his power to prevent this.’ (p. 56).

So whereas Bildt threatened Tudjman with a war-crimes indictment – a threat he was wholly unauthorised to make – he threatened Milosevic with the possibility that ‘our talks would be completely overshadowed’ !

Bildt goes on to describe how, at the time of Operation Storm, he told the press:

‘I said it was regrettable that the attack meant that Croatia had chosen war, not peace, and said that I assumed that The Hague Tribunal would examine the question of the shellfire against Knin sooner or later, in the same way that it had considered the question of responsibility for the missile attacks on Zagreb.’ (p. 77).

Bildt did not accuse the Serb leaders who had just conquered Srebrenica and Zepa, and who were now trying to conquer Bihac, of ‘choosing war, not peace’; nor did he threaten them with indictment for war crimes. Rather, his threats were directed solely against Croatia. He ends his chapter on the Croatian offensive against Krajina with the following complaint:

‘For me, the conclusion from Srebrenica was not that we should blind ourselves to atrocities committed by others, but that we had to react strongly and clearly against all atrocities. In November 1995, The Hague Tribunal indicted Radovan Karadzic and Ratko Mladic for war crimes committed in and around Srebrenica. However, as this book goes to print, the Tribunal has so far not considered anyone responsible for the massive and brutal ethnic cleansing of the Krajinas in August 1995.’ (p. 80)

Bildt, in pointing out that the Hague Tribunal indicted Karadzic and Mladic over Srebrenica, omits to mention that he did not call for such indictments at the time, in contrast to his call for an indictment against Tudjman over Operation Storm – and this despite his claim that his ‘conclusion from Srebrenica’ was that ‘we had to react strongly and clearly against all atrocities’. He does not complain that ‘as this book goes to print’, neither Milosevic or anyone else from Serbia’s leadership had been indicted for conquering and ethnically cleansing the Krajina region of Croatia in the first place.

Bildt was, in other words, an arch-appeaser, who actively opposed every attempt to resist the Serb forces militarily, whether by the international community or by Croatia. He denies over half the Srebrenica massacre, and describes its child and other civilian victims as having been ‘prisoners of war’. He describes the month in which the Srebrenica massacre occurred as a month of ‘success and failure’. Following the fall of Srebrenica, he attempted to block NATO air-strikes to defend Gorazde. He tried to deter the Croatian offensive against Krajina by threatening Tudjman, but made no equivalent threat to deter the Serb assault on Srebrenica. He called for Tudjman to be indicted for war-crimes, but not for Karadzic, Mladic or Milosevic to be indicted. He complained in 1998 that Tudjman had not been indicted, but he did not complain that Milosevic had not been indicted.

Some things never change. On behalf of Sweden’s EU presidency, Bildt has claimed that ‘Serbia is fully cooperating with the Hague Tribunal’. He pledged that ‘Sweden would take a pragmatic stand on the Kosovo issue, taking into account the fact that several EU member-states had not recognized the independence of Kosovo.’ Also: ‘We want to liberalize the visa regime with Serbia, but not Kosovo, as a dialogue on visa liberalization is being conducted with Serbia, not Kosovo’.

In other words, Bildt is saying that the policy of Sweden’s EU presidency will be: ‘Stuff Mladic’s Bosniak victims. Stuff the relatives of the people killed by him at Srebrenica, who still want him brought to justice. Stuff Kosovo and its people. I’m going to go on appeasing Belgrade, just as I did in 1995.’

No doubt, with Sweden at the helm of the EU, we can look forward to another glorious episode in the illustrious history of this heroic institution.

Update: Owen Beith has pointed out to me that Bildt’s Srebrenica revisionism is actually worse than I originally indicated: not only has he reduced the number of Srebrenica massacre victims to ‘more than three thousand’, but he describes them all as having been ‘prisoners of war’; i.e. captured soldiers. In fact, the Srebrenica massacre was perpetrated against the Bosniak civilian population in general, not simply against captured soldiers, and those killed included at least five hundred children under the age of eighteen. This post has been updated accordingly.

Update no 2.: Daniel of the Srebrenica Genocide Blog has posted a refutation of Bildt’s Srebrenica revisionism in full, which I strongly recommend reading.

Tuesday, 21 July 2009 Posted by | Bosnia, Croatia, Former Yugoslavia, Genocide, Serbia, Sweden | , , , , , , , , , , , , , , , | 3 Comments



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