On 4 December of last year, the Bosnian Embassy in London did me the honour of hosting the launch of my book, The Bosnian Muslims in the Second World War: A History (Hurst and Co, London, 2013). Very special thanks for organising the event go to His Excellency Mustafa Mujezinovic, the Bosnian ambassador to London, who also gave the opening speech; to Ms Jasmina Turajlic, Second Secretary; to all Bosnian Embassy staff; and to Jon de Peyer of Hurst Publishers. Very special thanks go also to my friend and colleague Dr Edina Becirevic, for coming to London to speak at the event. The following articles are based on the texts of our respective speeches.
Since the aggression and genocide in Bosnia and Herzegovina took place two decades ago, so many books have been written on the subject. Yet, very few people have understood Bosnia as well as Marko Attila Hoare does. The first of Hoare’s books that I read was, How Bosnia Armed, and I remember many of my colleagues commenting that, finally, there had been a new approach taken to examining the war against Bosnia. Hoare’s handling of the topic was different because it followed the dynamics of the rise of the Army of Bosnia and Herzegovina, and attempted to determine why initial intentions to create a truly multinational Army of Bosnian people – of all nationalities – instead manifested as a predominantly Muslim, i.e. Bosniak, military force.
When war began in Bosnia and Herzegovina in 1992, the international community stood aside and watched as Serbia unleashed an aggression against the country’s non-Serb population. Hoare belonged to the world of academics, civil society members and journalists who understood what is going on and openly campaigned for the defense of Bosnia. He lived in the small universe of people who saw the genocide and aggression for what it was. And this is also why Hoare’s book How Bosnia Armed carried so much weight: his inquiry into past events did not deter him from lobbying for the defense of Bosnia, even when his analysis of the responsibility of Bosniak leadership led him to conclude that they had given up on the ideal of a multicultural Bosnia and Herzegovina in exchange for the pursuit of exclusively Bosniak interests, and had thus played into the hands of Serb and Croat nationalists. The pattern that Hoare recognized, and was one of the first to analyze – on the loss of the multicultural character of the Bosnian Army – became a central theme as he tried to answer the question of why Bosnian leadership settled for the Dayton Accord; which essentially legitimized the division of Bosnia. And this pattern can be steadily traced through the post-Dayton period in Bosnia, too, in many political compromises that Bosniak political elites made at the expense of Bosnian statehood.
I am not sure where the saying originates, but I have heard it many times from many people, that “Serbs and Croats cannot destroy Bosnia and Herzegovina unless Bosniaks agree to it.” And Hoare’s work is therefore even more important; because it has offered researchers in Bosnia and Herzegovina a model of how to tackle this issue without falling into the stereotypical traps of dispersing responsibility for the war and genocide equally to all sides and of viewing it as a war in which there were no clear victims and no clear aggressors. Hoare’s methodological framework can be the example to researchers who identify as victims of the war and who want to address that pattern of de-multiculturization of Bosnia and Herzegovina. This can allow them to step back from a sense of victimhood that disabled many of them to fully understand the dynamics of the war and aggression.
History is important not only for the sake of understanding the past, of course. Historical lessons matter in both the present and the future. Today in Bosnia, Bosniak political forces continue to be inconsistent in defending Bosnian statehood and preserving its multiculturality. The battle for what many still consider to be the core multicultural values of Bosnia and Herzegovina is now left to a group popularly called “the others” – representatives from ethnic groups who were not accommodated in the Dayton Accord – who stand behind the “Sejdić-Finci” ruling and demand political rights equal to those of the three dominant ethnic groups in the country.
Marko Attila Hoare has published four books. Besides How Bosnia Armed, he is also the author of Genocide and Resistance in Hitler’s Bosnia: The Partisans and the Chetniks, 1941-1943, which looks at the conflict between Yugoslav Partisans and Chetniks in Bosnia during World War II. In The History of Bosnia: From the Middle Ages to the Present Day, he focuses on the history of national identity in Bosnia. All three of these books are essential reading for understanding the history of Bosnia and Herzegovina and the present day political chaos facing the country.
But the book The Bosnian Muslims in the Second World War: A History, which examines the role of Bosnian Muslims in World War II, not only comes full circle in his corpus, but carries a special significance in relating how events that took place in WWII still affect Bosnia and Herzegovinia presently and by deconstructing the Serbian propaganda of the 90’s, which put forth that all wars waged by the Serbian state were fought to prevent genocide against Serbs. For, it is unquestionable that the various collective myths and memories of the past, of different ethnic groups in Bosnia, played a role in the 1992-1995 conflict, and that they continue to shape – and sometimes strangle – Bosnian society today.
The genocide of Serbs in World War Two is indeed a part of the history of Yugoslavia and the history of Bosnia and Herzegovina, and no one seeking truth could deny that. However, growing up in Yugoslavia, the genocide and suffering of other people in Bosnia and Herzegovina was never mentioned at all. In school, history books told a one-sided story about both World Wars, giving us the impression that it was only Serbs who had been victims of genocide. And it was the continuity of this narrative that convinced many of my Serb friends to go into the hills to join the forces which turned their heavy artillery against Sarajevo.
In a way it is understandable that there were few books on the history of Bosnia and Herzegovina that went against the official narrative, for there were just as few brave historians willing to detail the complex alliances of the Second World War, and to tell the story that it was not only Serbs, Jews, and Roma who suffered losses. But World War Two meant suffering for Muslims and Croats as well; and while genocide against Serbs is an undisputed historical fact, the changing coalitions and patterns of crimes committed during the war were extraordinarily complex and convoluted. This latest book by Marko Attila Hoare plays a crucial role in setting the record straight, and not only for historians in the region. It also successfuly deconstructs stereotypes about World War Two that many Western historians, regardless of their ideological perspective, have blatantly promoted without reservation.
The residual effects of alliances and aggressions that played out during World War Two revisited Yugoslav society around the time of Tito’s death and began a discussion that is still ongoing; bringing with it an impact on all the societies of former Yugoslav states. But most of the narratives that have emerged are influenced by official dicourse of some kind or another. Some are apologetic toward the Ustasha, others toward Chetniks, some glorify the Partisan movement, and others, as Hoare writes, tell the tale “through the prism of Allied policy.”
Yet, Hoare, in this as in his previous books, does not depend on official narratives or safe stereotypes. He illustrates the complicated game Communists had to play in “leading predominantly Serb and peasant armed resistance to the Ustasha regime in the countryside,” while at the same time conquering the hearts and mind of a predominantly Muslim and Croat urban population. And both of those strategies were, as Hoare says, “ulimately necessary for the Communists to become masters of Bosnia; and both were achieved.”
The Bosnian Muslims in the Second World War is the first book that views the history of World War Two in Bosnia from the perspective of the Bosnian Muslims – and not only that of political elites, but also of ordinary people, who formed different political and military alliances. Hoare concludes that, “Political divisions among the Muslim elite were not essentially ideological, but were between conflicting strategies of how best to safeguard its position, and the Muslim population as a whole, in the face of two threats: the assimilationalism and hegemonism of the Croat Ustashas and the genocide of the Serb Chetniks.” And Hoare refers to those threats as two sides of the same coin.
Future generations in Bosnia and Herzegovina will be thanking Marko Attila Hoare not only for this last book, but for all of his books, including those that I hope are yet to come. I say “future generations” because I am not confident that this generation of Bosnian historians and intellectuals fully grasps the importance of Hoare’s work. But I am hoping that there will come a day when real accounts of Bosnian and Herzegovinian history by rare historians like Hoare will serve as the essential content for history textbooks. For, books like this one do not only present fair accouts of Bosnian history of benefit to academics, but can also serve as the basis for a process of reconciliation among Bosnian people, who must understand their history in order to move forward into the future.
What Hoare always brings to his reader is the invaluable insight that time and the events of an era cannot be seen in isolated compartments; that we miss seeing key parts of the picture of today if we are blind to the realities of the past. And his work beyond the pages of this and his other books, to identify and address genocide denial, is a natural extension of this insight. The value of his commitment to bringing awareness to the dangers of genocide denial cannot be understated.
The issue of genocide denial is an understandably contentious one. There is always an accused “side,” for which denial of their crimes is desirable; and since genocide is rarely achievable without the backing of state-level apparatuses, accused perpetrators usually have the backing of both political power and historical rhetoric. But, as the list of genocides in the world sadly continues to grow year after year, the issue of genocide denial becomes one of greater and greater importance. And what motivates Hoare and activists like him, is the knowledge that it is precisely this denial that invites further genocides.
What sets Hoare apart in debates about the topic – and believe me, it is a topic rife with debates, usually fueled as much by emotion as by concrete evidence – is his firsthand knowledge of Bosnia and his exhaustive research on and in the region. He has developed a relationship with the Balkans that few Westerners who deny genocide occurred there, or who tend toward revisionist views of the recent conflict, can lay claim to. This has predictably made him a target of those who do wish to deny genocide, and yet Hoare has remained a consistent “thorn in their side.”
As academic discourse invites ever more questioning about what “truth” and “denial” and “narrative” actually mean; as denial itself is viewed increasingly as a valuable coping mechanism in the face of a world full of trauma; and as we are bombarded more and more by images that Stanley Cohen rightfully points out are bound to overload and overwhelm our senses of reality, it is so important that activists like Hoare continue to demand that we see. For, as Cohen pointed out in his famous treatise on denial, “there is nothing positive about a society denying that it has an AIDS problem or the failure of the international community to recognize early warning signs of genocide…” While my guess is that most people would quickly jump to agree with his first statement; until genocide is seen as something as dangerous and pernicious as AIDS, the world needs activists like Marko Attila Hoare fighting to remove people’s blinders.
Edina Becirevic’s book Genocide on the Drina River will be published this year by Yale University Press
Marko Attila Hoare
Thank you all for coming. I would like to begin by thanking His Excellency Ambassador Mustafa Mujezinovic, Second Secretary Ms Jasmina Turajlic and Jon de Peyer of Hurst Publishers for hosting and organising this event.
I started researching the subject matter of this book seventeen years ago, in 1997. The war in Bosnia-Hercegovina had just ended. As a graduate student in history, it was impossible for me not to be gripped by the need to understand why it had happened. Of course, I have my political views about the rights and wrongs of the conflict, which I have never tried to conceal. But history should not be researched and written with political objectives in mind; rather, it should be guided by the need to answer intellectual questions.
The genocide in Bosnia-Hercegovina of 1992-1995 involved the destruction of the Bosnian state; the Republic of Bosnia-Hercegovina. Consequently, the questions I wanted to answer were: why had the state been created in the first place, and how had it been possible to build a common, multinational state encompassing Serbs, Muslims, Croats and others ? I believed it was necessary to understand how and why the Bosnian state had been created, in order to understand how and why it was destroyed a half century later.
I have used the name ‘Muslim’ to refer to the Bosnian Muslim or Bosniak people in my book. Although this nation is properly called ‘Bosniak’ today, in the 1940s, when the events described in the book take place, the Bosniak name applied to Bosnian Orthodox and Catholics as well, whereas Muslim Bosniaks were referred to as ‘Muslims’ in most of the documents. It was only in the 1990s that the Bosniak name came to be synonymous with Muslim as opposed to Orthodox, Catholic or other Bosnians. I do not, however, wish in any way to question the legitimacy of the Bosniak national name today.
The revolution in Yugoslavia in the 1940s, led by Josip Broz Tito and the Communist Party of Yugoslavia, had been the object of a great deal of myth-making, both by its supporters and sympathisers and its by its anti-Communist critics. Yet it has been greatly under-researched in the West when compared to other great European revolutions, such as the French Revolution or the Russian Revolution. One of the purposes of my research has been to demystify the Yugoslav Revolution; to explain what really happened and what it really looked like. Set against the depressing outcome of the 1990s Bosnian war, the outcome of the 1940s revolution appears more positive, for it involved the establishment of a Bosnian state in which Croats, Muslims, Serbs and others were able to coexist for nearly half a century. But history is not about happy endings, and my work has sought to understand the flaws in this original state-building project, in a manner that might help explain the catastrophe of the 1990s.
My first book on Bosnia-Hercegovina in World War II - Genocide and Resistance in Hitler’s Bosnia: The Partisans and the Chetniks, 1941-1943 (Oxford University Press, Oxford, 2006) focused on the Bosnian Serbs. It sought to explain how they had been led to support, in large numbers, the establishment of a unified Bosnian state instead of a Great Serbia – something that seems paradoxical in light of the apparently overwhelming and violent Serb rejection of this same state in the 1990s. In fact, as I showed, for many ordinary Bosnian Serbs, there was a fine line between supporting a unified Bosnia, as demanded by the Communist-led Partisans, and supporting a Great Serbia, as demanded by the anti-Communist Chetniks. Both options were open to the Bosnian Serbs; both reflected aspects of their national heritage; and many of them switched from supporting one to supporting the other at least once during the course of World War II.
In this, my second book on Bosnia in World War II, I focus on the Bosnian Muslims, and to a lesser extent on the Croats and smaller Bosnian minorities. The Croats were very much smaller and weaker in Bosnia-Hercegovina in the 1940s than the Serbs or the Muslims, and it was these two latter groups that were and remain ultimately most important for the outcome of the Bosnian question. My book stresses the diversity of forms assumed by the Muslim resistance to the new order established by the Nazis and Fascists in 1941, whereby occupied Bosnia-Hercegovina was forcibly incorporated into the Great Croat puppet state named the ‘Independent State of Croatia’, under the rule of the Ustashas, or Croat fascists. Members of the Muslim elite resisted this incorporation in a number of ways: some turned to an alliance with the Serb nationalists (Chetniks); others appealed directly to Hitler and the Germans; others built their own autonomous Muslim forces within the framework of the Croatian puppet state. But all of them shared the goal of ensuring the national survival of the Muslim people in Bosnia-Hercegovina. The Communists realised that in order to win the war in Bosnia, they would have to co-opt at least part of this Muslim autonomist movement.
For in the 1940s, the Bosnian Muslims were the key to victory in Bosnia-Hercegovina. This was apparent also in the 1990s; the Serb nationalists rebels under Radovan Karadzic and Ratko Mladic, who attempted to conquer Bosnia on the basis of a total rejection of the Muslim population, found themselves unable to break the latter’s resistance; they were brought to the very of total defeat by the autumn of 1995, something they escaped only thanks to Western – above all US – diplomatic intervention. As the eminent Bosnian Muslim notable Muhamed Sudzuka had recognised already before World War II, the Muslims were the key to Bosnia and Bosnia was the key to Yugoslavia. So the Bosnian Muslim story was crucial for the outcome of the Yugoslav Revolution. The mass influx into their ranks of Muslims and others, including Croats and members of smaller minorities such as ethnic Poles and Ukrainians, was decisive for the Partisans’ victory in Bosnia. Above all, the mass defection of quisling troops to the Partisans – members of the Home Guard, Muslim legions, Handzar SS Division and even some Ustashas – enabled the Partisans to capture Bosnian towns and cities without destroying them or destroying their own forces in bitter street-fighting of the kind that broke the back of the Serb forces at Vukovar in Croatia in 1991.
In order to win Muslim support, the Communists championed the goal of a unified, sovereign state of Bosnia-Hercegovina within the Yugoslav framework, and treated the Muslims in practice, if not formally, as the sixth Yugoslav nation – alongside the Serbs, Croats, Slovenes, Macedonians and Montenegrins. Considerable freedom was accorded to the Islamic religion. The Partisan triumph consequently resulted in a brief flowering of Muslim national life and freedom. Yet following this triumph, as the Communists began to consolidate their dictatorship, many of these freedoms were taken away. Muslim religious and cultural institutions were suppressed or neutered. Less respect was shown to the dietary needs of Muslim soldiers in the Yugoslav army. Official statements stopped using the large letter ‘M’, denoting a nation, in relation to the Muslims, and reverted to using the small ‘m’, denoting a mere religious community.
This curtailment of Muslim rights and freedoms set the stage for the next movement of Muslim resistance, involving members of the ‘Young Muslim’ organisation, including a youthful Alija Izetbegovic. But this movement was ruthlessly suppressed, and the Bosnian state that took shape in the 1940s did so on the basis of the hegemony of the Bosnian Serbs – as the group that had numerically dominated the Bosnian Partisan movement. It was when the Bosnian Serb hegemony began to crumble from the 1960s, as the Communists in Bosnia-Hercegovina moved to emancipate fully the Muslims and Croats, by recognising finally the Muslims as a nation and by removing the Ustasha stigma from the Bosnian Croats, that the Serb disenchantment with Bosnian statehood truly began; a disenchantment that would gather pace as the Muslims overtook the Serbs as the most numerous Bosnian nationality during the 1960s and 70s, and that would reach a head when Izetbegovic’s presidency sought to establish Bosnia-Hercegovina as a fully independent state, wholly separate from Serbia, in the 1990s.
The state of Bosnia-Hercegovina was therefore at all times a fragile project, based as it was upon a compromise between the national aspirations of its constituent peoples; a compromise that was unstable as the balance of power between them shifted. Nevertheless, the lesson of the 1940s is that in order for Bosnian Serbs, Muslims and Croats to be reconciled and live in harmony, there has to be a strong, functioning Bosnian state. And this cannot happen again so long as the constitutional order established by the Dayton Peace Accords, which cripples Bosnia-Hercegovina as a state, persists.
Photos by Sarah Correia, Anna von Buchenroder and Jonathan Norton
The International Criminal Tribunal for the former Yugoslavia (ICTY) has had a bumpy journey since its foundation in 1993. It has long been condemned by Serb and to a lesser extent Croat nationalists, as well as by left-wing and right-wing hardliners in the West, as a political court set up to serve the interests of the Great Powers. But until recently, it has been supported by liberals in the former Yugoslavia and in the West and beyond, as a positive and necessary exercise in international justice – albeit one that has not produced very satisfactory results. In recent months, however, a realignment has taken place: former supporters of the ICTY have begun to condemn it in the same ‘anti-imperialist’ terms used by the nationalists, and to present its judgements as the work of Great Power intrigue. Their anger has focused above all on the figure of Judge Theodor Meron, President of the ICTY. Meron is a Polish Jew by birth and a Holocaust survivor, who emigrated to Israel, was educated at the University of Jerusalem, and served as legal advisor to the Israeli Foreign Ministry and as Israel’s ambassador to Canada and to the UN, before emigrating to the US. Meron is no Zionist hawk; in 1967, he wrote a memo for Israeli Prime Minister Levi Eshkol advising against the building of settlements in the newly occupied West Bank and Golan Heights. Yet with a sad inevitability, his Jewish and Israeli background have taken on a sinister prominence in the current campaign against him.
Continue reading at Engage – the anti-racist campaign against antisemitism
The International Criminal Tribunal for the former Yugoslavia has acquitted on appeal Momcilo Perisic, former Chief of Staff of the Army of Yugoslavia (VJ), who had previously been sentenced to 27 years in prison for war-crimes in Croatia and Bosnia-Hercegovina. He was one of only six officials from Serbia-Montenegro ever indicted by the ICTY for war-crimes in Bosnia. He was the only member of the high command of the Yugoslav People’s Army (JNA) or VJ ever indicted for war-crimes in Croatia or Bosnia, and the only former JNA officer from Serbia or Montenegro of any rank ever indicted over Bosnia. His acquittal means that, to date, no official or army officer of Serbia-Montenegro and no member of the JNA or VJ high command has been convicted by the ICTY for war-crimes in Bosnia. By any standards, this represents a monumental failure on the part of the Tribunal. Precisely what kind of failure, and whether it is a failure of the Prosecution or the judges or both, is open to debate.
Perisic’s acquittal follows the ICTY’s recent acquittals of Croatia’s Ante Gotovina and Mladen Markac, and of Kosovo’s Ramush Haradinaj. Those previous acquittals had provoked a veritable paroxysm of fury from Serbia’s politicians such as President Tomislav Nikolic, Prime Minister Ivica Dacic and UN General Assembly president Vuk Jeremic, who condemned them as proving that the ICTY was an anti-Serb and/or a political court. Commentators in the West widely agreed; an ill-informed rant by David Harland, former head of UN Civil Affairs in Bosnia-Hercegovina in 1993-1995, upholding all the old Serb-nationalist stereotypes of the ICTY’s and West’s supposed anti-Serb bias, was published in the New York Times and received wide publicity even from reputable sources. People who had apparently been fairly satisfied with the ICTY’s not entirely glorious performance over the past two decades now emerged from the woodwork to denounce it in bitter terms.
The acquittal of such a high-ranking Serbian official, following the acquittal of two high-ranking Croats and one high-ranking Kosovo Albanian, provides further proof – if any were needed – that the ICTY is not ‘anti-Serb’. Perisic is, in fact, neither the first nor the most high-ranking senior Serbian official to be acquitted by the Tribunal; former Serbian President Milan Milutinovic was acquitted back in 2009 of war crimes against Kosovo Albanians.
Consequently, the Serbian government has now made a rapid U-turn in its view of the Tribunal. Prime Minister Dacic (also leader of the Socialist Party of Serbia founded by Slobodan Milosevic) had responded to the Gotovina and Markac acquittals by stating ‘This confirms the claims of those who say that the Hague Tribunal is not a court and that it completes political tasks that were set in advance’. Yet his reaction to the Perisic acquittal is that it ‘negates accusations about the alleged aggression of the Army of Yugoslavia against Bosnia and Croatia’. The latter conclusion is echoed by the Sense News Agency, which provides detailed overage of the activities of the ICTY and which claims that ‘Momcilo Perisic was the only senior official from Serbia and FR Yugoslavia convicted by the Tribunal and sentenced for crimes in Bosnia and Herzegovina. Slobodan Milosevic was charged with the same crimes, and the judgment can be considered as Milosevic’s posthumous acquittal for Sarajevo and Srebrenica.’
In these circumstances, there is naturally a temptation for those on the other side of the front-lines from the Serb nationalists – those who wanted to see the Serbian perpetrators of war-crimes in Croatia and Bosnia punished, and the victims receive justice – to cry foul, and to carry out a Dacic-style U-turn of their own. A temptation, that is, to say that the supporters of Milosevic, Seselj and Tudjman were right after all, and the ICTY is really just a kangaroo court whose verdicts are political. But this temptation should be resisted, both for pragmatic reasons and, more importantly, for reasons of principle.
Pragmatically, conceding that the ICTY is a kangaroo court whose verdicts are political means handing an enormous victory to those extremists – Serb and Croat, right-wing and left-wing – who supported the elements that carried out the war-crimes and that have always resisted the efforts of the ICTY to punish them. It is not for nothing that – both in the former Yugoslavia and in the West – ethnic cleansers, fascists and extremists have consistently opposed the Tribunal, whereas liberals, democrats and progressives have supported it. To reject the legitimacy of the ICTY and its verdicts means negating not only those verdicts we don’t like, but all the good that has been achieved by precisely this Tribunal, despite its undeniable numerous failures. The ICTY was the first international court to establish that the Srebrenica massacre was an act of genocide, paving the way for the confirmation of this fact by the International Court of Justice.
Immediately following the acquittals of Gotovina, Markac and Haradinaj, the ICTY in December of last year convicted Zdravko Tolimir, Assistant Commander of Intelligence and Security of the Army of Republika Srpska (VRS), for genocide, and in the process established that the group targeted for genocide by the VRS was the Muslim population of East Bosnia as a whole – not just of Srebrenica – and that the genocidal act extended to Zepa as well as Srebrenica. It is a tremendous breakthrough for the legal recognition of the Bosnian genocide beyond Srebrenica. If the Perisic acquittal is to be dismissed as a political verdict, it undermines the Tolimir verdict as well. You cannot have it both ways, and cheer the verdicts with which you agree while denouncing those you don’t like. Either the ICTY is a legitimate court or it is not.
Which brings us to the matter of principle: a genuine, legitimate court must have the right and ability to acquit, as well as to convict. If the ICTY were really a kangaroo court, all those accused would be convicted. Instead of which, we have proof of genuine pluralism, with panels of judges dividing 2-1 and 3-2 over major cases, and the Appeals Chamber reversing the decision of the Trial Chambers. Whatever his political views or personal inclinations, Judge Theodor Meron, presiding judge at both the Appeals Chamber that acquitted Gotovina and Markac and the one that acquitted Perisic, and currently under attack from critics for the acquittals, was in each case only one judge in a panel of five who came from different countries. He was the only judge who acquitted both Gotovina and Markac on the one hand and Perisic on the other, and was not even a member of the Trial Chamber that acquitted Haradinaj. The only other judge who was a member of the Appeals Chamber both for Gotovina-Markac and for Perisic was Carmel Agius, and he strongly opposed the acquittal of Gotovina and Markac but supported that of Perisic. Judge Bakone Justice Moloto was presiding judge both in the Trial Chamber that convicted Perisic and in the Trial Chamber that acquitted Haradinaj. In the first case, he dissented from the majority opinion but was outvoted – something that took place in September 2011, a mere year and a half ago. Hence, I must respectfully disagree with my colleague Eric Gordy, who argues that the acquittals all form part of a consistent policy on the part of the judges in this period.
The conspiracy theorists (among whom I do not include Eric) would either have us believe that the initial indictments of Gotovina/Perisic and their initial convictions were simply elaborate deceptions paving the way for the final, pre-determined acquittals. Or they would have us believe that whenever the ICTY convicts it is acting legitimately and whenever it acquits it is acting politically. But a court that only convicts and never acquits is not a genuine court. Even at the International Military Tribunal at Nuremberg that tried the leaders of Nazi Germany after World War II, three of the twenty-four defendants – i.e. one in eight of the high-ranking officials of Nazi Germany who were prosecuted – were acquitted. The whole point of a fair trial is that guilt is not assumed and defendants are assumed to be innocent until proven guilty.
The present author has, in the past, condemned the ICTY for retreating in the face of Serbian obstruction of its activities, citing such instances as the failure to indict most of the leading members of the Joint Criminal Enterprise from Serbia and Montenegro; the acquittal of Radovan Karadzic on one count of genocide; and the censoring of the minutes of the Supreme Defence Council. However, the acquittal of Perisic is not part of this pattern; he had already been arrested and convicted, so any Serbian resistance in his case had already been overcome.
It is one thing to accuse the Tribunal of shabby or unprincipled compromises and retreats, but quite another to accuse it of actually falsifying the guilt or innocence of suspects. Karadzic’s acquittal aside, the present author has never accused the Tribunal either of acquitting anyone guilty or of convicting anyone innocent. I did not, for example, condemn its initial conviction of Gotovina and Markac. Nor did I condemn its acquittal of Milutinovic or of Miroslav Radic (one of the three JNA officers indicted over the Vukovar hospital massacre). I am somewhat amazed that so many people, of all national backgrounds and political persuasions, have so little respect for the principle that it is ultimately for the court to decide who is innocent and who is guilty. Of course, it is entirely possible for a court to get things wrong and for a miscarriage of justice to occur. But a miscarriage of justice needs careful explaining as to how it was arrived at, not mere petulant denunciation.
In the case of Perisic, the essence of the disagreement between the Trial Chamber majority and the Appeals Chamber majority was that the first considered that ‘under the VRS’s strategy there was no clear distinction between military warfare against BiH forces and crimes against civilians/and or persons not taking active part in hostilities’, while the latter argued that ‘the VRS was not an organisation whose actions were criminal per se; instead, it was an army fighting a war’, albeit one that also engaged in criminal activities. Thus, the Trial Chamber considered that there was no clear distinction between the VRS’s lawful and its criminal actions, while the Appeals Chamber considered that there was.
Furthermore, the Trial Chamber ruled that though it could not be proven that the military assistance provided by Perisic to the VRS was specifically intended by him to support its criminal as opposed to its legal activities, nevertheless, since he clearly knew that his assistance would be used for criminal activities at Sarajevo and Srebrenica, as well as for legal military purposes, he was therefore guilty of aiding and abetting its criminal activities. The Appeals Chamber, by contrast, ruled that since it could not be proven that that he intended his military assistance to be used for criminal as opposed to legal military purposes, he could not be held to have criminal intent and therefore be held culpable for aiding and abetting the VRS’s crimes.
In other words, there is little disagreement between the two Chambers regarding facts of the case (so far as the Bosnian part of it is concerned) but principally over what conclusion should be drawn from them. The disagreement is not equivalent to that between the Trial Chamber and Appeals Chamber in the case of Gotovina and Markac, when the two chambers fundamentally disagreed over what the facts were; i.e. over whether the Croatian Army had deliberately shelled civilian targets with the intent of bringing about the removal of the Serb population from the so-called Krajina region. In the case of Perisic, the Appeals Chamber was not throwing out an unsafe conviction based upon a highly spurious interpretation of events, as was the case with the acquittal of Gotovina and Markac. Rather, it was expressing a different judgement on the nature of culpability to that of the Trial Chamber.
In this disagreement, my own sympathies are entirely with the Trial Chamber, and I applaud the dissent from the Appeals Chamber majority opinion of Judge Liu Daqun, who argued that by acquitting Perisic, the Appeals Chamber was setting the bar too high for convictions on grounds of aiding and abetting. However, personal sympathies aside and on the understanding that judges are supposed to be wholly impartial, the conclusions of either Chamber could legitimately be drawn from the facts. Unfortunately, the more conservative type of conclusion of the Appeals Chamber is the one I would have predicted judges at the ICTY usually to reach. My colleague Florian Bieber has made the reasonable point that ‘arguing that not all [the VRS's] activities were criminal is about as convincing as stating that the Mafia is not only involved in criminal activities and thus supporting it does not mean that one is “aiding and abetting” criminal activities.’ Following that analogy, Perisic could be compared to a powerful businessman who donates money, vehicles and properties to a charity known to be acting as a front for Mafia activities. Even if he clearly knew the charity’s true purpose, convicting him might not be so easy for the courts. Al Capone was, after all, only convicted for tax evasion.
This brings us to the ultimate reason for Perisic’s acquittal: the Prosecution’s case against him, resting as it did on a model of culpability that was judicially controversial, was not a strong one. The Prosecution was unable to prove his intent to commit crime, or that the assistance he provided to the VRS was intended to further its crimes. It was unable to link him directly to any specific crime. It could merely prove that he aided and abetted an army – the VRS – that he knew was engaging in criminal activities, but which was also engaging in lawful military activities.
The second reason why the Prosecution’s case was weak concerns the question of command responsibility. The Trial Chamber ruled that Perisic had no command responsibility over VRS forces, but that he did have such authority over the ‘Serb Army of Krajina’ (SVK – so-called ‘Croatian Serbs’), and in addition to aiding and abetting the VRS forces engaged in criminal acts as Sarajevo and Srebrenica, it convicted him for failing to punish the SVK perpetrators who shelled Zagreb in May 1995, killing and injuring civilians. But the Trial Chamber recognised that Perisic had ordered the SVK not to shell Zagreb and that it had disregarded his orders, choosing instead to obey the orders of Milan Martic, ‘President of the Republic of Serb Krajina’, to shell the city. This implicit recognition of Perisic’s lack of effective command responsibility over the SVK forces formed the basis for the Appeal Chamber’s overturning of his conviction for the war-crime at Zagreb – and even Judge Liu, who dissented from the majority over Perisic’s acquittal for Sarajevo and Srebrenica, agreed with the majority on this count. In other words, the Prosecution chose to indict someone who had no command responsibility over the Bosnian Serb forces guilty of crimes in Bosnia (Sarajevo and Srebrenica) and only ambiguous command responsibility over the Croatian Serb forces guilty of crimes in Croatia (Zagreb).
Having myself worked as a war-crimes investigator at the ICTY, I am not at all surprised that four out of the five judges (and one out of three in the original Trial Chamber) were not convinced by the Prosecution’s case. Generally speaking, cases involving high-ranking perpetrators far removed from the crime base are complicated to build unless their command responsibility is clear and unambiguous. Thus, it was relatively straightforward to build a case against Milosevic for war-crimes in Kosovo, where his command responsibility (as President of the Federal Republic of Yugoslavia) was clear. But more complicated to do so over Bosnia, where (as President of Serbia) it was not. In such cases where evidence of de jure responsibility is lacking, prosecutors need strong evidence of de facto responsibility.
But Perisic was not a Milosevic, Karadzic or Mladic. He was not a member of the top Serbian-Montenegrin-JNA leadership that planned and instigated the wars against Croatia and Bosnia, and his name is not listed among the principal members of the Joint Criminal Enterprise as laid down in the Milosevic indictments. He was commander of the Artillery School Centre in Zadar in Croatia, and in January 1992 became commander of the JNA’s 13th Corps, based in Bileca in Hercegovina. In these roles of less than primary importance, he participated directly in the wars in Croatia and Bosnia. Had the Prosecution chosen to indict him for war-crimes committed by his forces in this period, he would in all likelihood have been convicted. However, it did not.
The three principal phases of mass killing by Serb forces in the Bosnian war were the initial Serbian blitzkrieg of spring, summer and autumn 1992, resulting in the Serbian conquest of about 70% of Bosnian territory; the siege of Sarajevo, lasting from spring 1992 until autumn 1995; and the Srebrenica massacre of July 1995. The first of these claimed by far the largest number of victims; according to the figures provided by Mirsad Tokaca’s Research and Documentation Centre, more Bosniaks were killed in the Podrinje region (East Bosnia) in 1992 than in 1995, the year of the Srebrenica massacre. Moreover, the regular Serb army forces that undertook the initial blitzkrieg, until 19 May 1992, were formally part of the JNA and not only de facto but also de jure under the command and control of Serbia-Montenegro, in the form of the rump Yugoslav Federal presidency made up of members from Serbia and Montenegro, and of the high command of the JNA/VJ.
Had the ICTY Prosecution indicted the top JNA commanders and Yugoslav Presidency members (from Serbia and Montenegro) who commanded these Serb forces during the blitzkrieg, and prior to that the earlier assault on Croatia, they would no doubt have been successful and Serbia’s direct responsibility for the war in Bosnia would have been judicially established. A successful outcome would have been particularly likely, given that a couple of these war-criminals have been obliging enough to publish their memoirs or diaries in which they admit their planning of the war.
On 19 May 1992, however, the newly proclaimed Federal Republic of Yugoslavia (FRY), comprising Serbia and Montenegro, formally withdrew its forces from Bosnia, and a Bosnia Serb army – the VRS – formally came into being. Serbia’s political and military leadership thereby ceased to have de jure command and control over the Bosnian Serb forces. Furthermore, the Trial Chamber that convicted Perisic ruled that, in fact, the Serbian leadership in this period did not have even de facto control over the Bosnian Serb forces either – as did the International Court of Justice, in its own 2007 verdict in the case of Bosnia vs Serbia. The arrangement whereby the Bosnian Serb war-effort would be formally independent of Belgrade was put in place with the deliberate intention by Serbia’s leadership of avoiding accusations of aggression and involvement in the Bosnian war. Of course, Serbia continued to provide extensive financial and military support to the Bosnian Serb forces. But it should have been clear to any war-crimes investigator worth their salt that convicting FRY military commanders of war-crimes in Bosnia after 19 May 1992 would be a much more difficult task.
Momcilo Perisic became Chief of Staff of FRY’s army, the VJ, only in August 1993, and his indictment by the ICTY only covers his activities from this period. The policy of supporting the VRS had been put in place under his predecessors, and though he was a strong supporter of the policy and apparently institutionalised it, he was scarcely its architect. Even as regards the siege of Sarajevo – one of the two crimes in Bosnia for which Perisic was indicted – the Serb killings of civilians peaked in the spring and summer of 1992 and dropped considerably thereafter, dropping particularly from around the time that Perisic took over (according to Tokaca’s figures). Chief of Staff Perisic was therefore a singularly bad choice of individual to indict for war-crimes in the period from August 1993: though he was not a simple figurehead equivalent to President Milutinovic, and enjoyed real authority in a post of considerable importance, he was ultimately just one of Milosevic’s interchangeable officers; little more than a cog, albeit a large one, in the military machine, and moreover in a part of the machine whose culpability for actual war-crimes was secondary at the time, since the Milosevic regime had devolved most of the killing to a different part – the VRS.
Had the ICTY prosecutors ever really understood the chronology and organisation of the Serb aggression against Bosnia, they could have avoided such a poor decision. But it is clear from reading Carla del Ponte’s memoirs that she, at least, never had more than a muddled understanding of it. She nebulously attributes primary and equal responsibility to the war as a whole to two individuals, Slobodan Milosevic and Franjo Tudjman, but is unable to explain how that responsibility translated into the form that the war took. Although she deserves credit for eschewing a narrowly legalistic and lawyerly approach to war-crimes prosecutions and for attempting to view the big picture of the war – and therefore for insisting on genocide indictments in the face of conservative resistance from some of her colleagues – the big picture that she viewed was an erroneous one. Her starting point was not a global systemic analysis of the aggression, but apparently the big crimes with which she herself, as a non-expert on the war, was familiar – the siege of Sarajevo and the Srebrenica massacre.
In her own memoirs, del Ponte’s former spokeswoman Florence Hartmann recalls that del Ponte insisted, among other things, that Milosevic himself be indicted for Srebrenica and Sarajevo, in the face of resistance from Geoffrey Nice and others, who feared that they would not be able to convince the judges of the validity of the charge. Del Ponte was thus motivated by the commendable desire to ensure that Serbia’s leadership would not escape responsibility for the killing in Bosnia, but her analytical confusion ensured her plan would not go well. In light of Perisic’s acquittal, Nice’s caution, as recalled by Hartmann, appears entirely vindicated. That said, it is worth restating that Perisic’s indictment covered only the period from August 1993, when he was Chief of Staff, not the period when the Serbian aggression was actually launched and the largest part of the killings occurred. Thus, the claims made by Dacic and by the Sense News Agency, that the verdict exonerates Milosevic and Serbia of aggression against Bosnia and Croatia and of culpability in the siege of Sarajevo, are unfounded. Furthermore, as noted above, the Appeals Chamber has not actually changed the facts as established by the Trial Chamber: that the VRS was engaged in criminal activity, at Sarajevo and Srebrenica, and that Serbia’s army was aiding and abetting it while it was doing so.
On Twitter, Luka Misetic, the lawyer who successfully represented Gotovina, has succinctly referred to ‘Carla Del Ponte’s dark legacy: Perisic, Haradinaj, Oric, Gotovina, Cermak, Markac, Boskoski, Halilovic all indicted by CDP, all acquitted.’ The failure at the ICTY is that of a Prosecution that has repeatedly failed to secure the convictions of those it has indicted, not of the judges who were unconvinced by its cases.
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.
The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia has acquitted Radovan Karadzic, wartime president of the Bosnian Serb nationalist rebels’ ‘Republika Srpska’, of one count of genocide, relating to crimes committed in municipalities across Bosnia in 1992. According to its press release:
The Chamber’s oral ruling was delivered pursuant to Rule 98 bis of the Tribunal’s Rules of Procedure and Evidence which provides that at the close of the Prosecutor’s case, the Trial Chamber shall, by oral decision, and after hearing the oral submissions of the parties, enter a judgement of acquittal on any count if there is no evidence capable of supporting a conviction.
The Chamber found that whilst the evidence it had heard indicates that the circumstances in which the Bosnian Muslims and/or Bosnian Croats in the Municipalities were forcibly transferred or displaced from their homes were attended by conditions of great hardship and suffering, and that some of those displaced may have suffered serious bodily or mental harm during this process, this evidence does not rise to the level which could sustain a conclusion that the serious bodily or mental harm suffered by those forcibly transferred in the Municipalities was attended by such circumstances as to lead to the death of the whole or part of the displaced population for the purposes of the actus reus for genocide.
This represents a 180-degree U-turn from the Trial Chamber’s decision eight years ago over Slobodan Milosevic. On 16 June 2004, in ‘Prosecutor v. Slobodan Milosevic: Decision on Motion for Judgement of Acquittal’, the Trial Chamber refused to acquit Milosevic on the same grounds, and ruled:
246. On the basis of the inference that may be drawn from this evidence, a Trial Chamber could be satisfied beyond reasonable doubt that there existed a joint criminal enterprise, which included members of the Bosnian Serb leadership, whose aim and intention was to destroy a part of the Bosnian Muslim population, and that genocide was in fact committed in Brcko, Prijedor, Sanski Most, Srebrenica, Bijeljina, Kljuc and Bosanski Novi. The genocidal intent of the Bosnian Serb leadership can be inferred from all the evidence, including the evidence set out in paragraphs 238 -245. The scale and pattern of the attacks, their intensity, the substantial number of Muslims killed in the seven municipalities, the detention of Muslims, their brutal treatment in detention centres and elsewhere, and the targeting of persons essential to the survival of the Muslims as a group are all factors that point to genocide.
247. Having examined the evidence, the Trial Chamber finds no evidence of genocide in Kotor Varos.
323. With respect to the Amici Curiae submissions concerning genocide, the Trial Chamber, except for its holding in paragraph 324, DISMISSES the Motion and holds that there is sufficient evidence that
(1) there existed a joint criminal enterprise, which included members of the Bosnian Serb leadership, the aim and intention of which was to destroy a part of the Bosnian Muslims as a group, and that its participants committed genocide in Brcko, Prijedor, Sanski Most, Srebrenica, Bijeljina, Kljuc and Bosanski Novi;
(2) the Accused [Slobodan Milosevic] was a participant in that joint criminal enterprise, Judge Kwon dissenting ;
(3) the Accused was a participant in a joint criminal enterprise, which included members of the Bosnian Serb leadership, to commit other crimes than genocide and it was reasonably foreseeable to him that, as a consequence of the commission of those crimes, genocide of a part of the Bosnian Muslims as a group would be committed by other participants in the joint criminal enterprise, and it was committed;
(4) the Accused aided and abetted or was complicit in the commission of the crime of genocide in that he had knowledge of the joint criminal enterprise, and that he gave its participants substantial assistance, being aware that its aim and intention was the destruction of a part of the Bosnian Muslims as group;
(5) the Accused was a superior to certain persons whom he knew or had reason to know were about to commit or had committed genocide of a part of the Bosnian Muslims as a group, and he failed to take the necessary measures to prevent the commission of genocide, or punish the perpetrators thereof.
324. The Trial Chamber finds no evidence that genocide was committed in Kotor Varos.
The contradiction between the Trial Chamber’s rulings over Milosevic in 2004 and Karadzic in 2012 indicates that it is not operating on the basis of consistent legal principles, and suggests a change of policy. A full analysis of the reasons behind this shift will have to await the Tribunal’s publication of the text of its decision.
I have been arguing since 2005 that the ICTY has been retreating in the face of international and Serbian resistance to its pursuit of justice. The list of failures, retreats, betrayals and unethical compromises has only grown over the years: the failure even to indict most of the principal members of the Joint Criminal Enterprise from Serbia and Montenegro – Veljko Kadijevic, Blagoje Adzic, Momir Bulatovic, Borisav Jovic, Branko Kostic and others; the failure to indict anyone at all for the destruction of the Croatian town of Vukovar; the indictment of only six officials in total from Serbia and Montenegro for war-crimes in Bosnia, and the conviction to date of only one of them; the sentencing of Republika Srpska vice-president Biljana Plavsic to only eleven years in prison, without making her testify, and her release after serving only seven years, despite her withdrawal of her acknowledgement of guilt; the censoring of the minutes of the Supreme Defence Council, preventing their use by Bosnia in its case against Serbia at the International Court of Justice; the prosecution of the ICTY’s own former chief prosecutor’s spokeswoman, Florence Hartmann, for having the temerity to reveal its dubious underhand dealings.
The ICTY’s U-turn over genocide in Bosnia is therefore par for the course. The people of the former Yugoslavia have not received justice from this tribunal.
Review of Josip Glaurdic, The Hour of Europe: Western Powers and the Breakup of Yugoslavia, Yale University Press, New Haven and London, 2011
The break-up of Yugoslavia has generated an enormous literature – much of it poor, some of it acceptable and some of it excellent. There are several decent introductory accounts of the break-up that competently summarise familiar information. There are some very good studies of Slobodan Milosevic and his regime that do justice to the break-up as well. There are some excellent studies of sub-topics or related topics. But there have been few truly groundbreaking studies of the process as a whole. Too many of the older generation of pre-1991 Yugoslav experts had too many of their assumptions shattered by the break-up; too many journalists and casual scholars flooded the market in the 1990s with too many under-researched, third-rate works; too many younger scholars were handicapped by political prejudices that prevented them from addressing the truth squarely. Furthermore, the body of relevant primary sources has been vast and growing exponentially while the body of good supporting secondary literature has only slowly grown to a respectable size. In these circumstances, to write a groundbreaking general study of the break-up of Yugoslavia has been a difficult task that has required both a lot of talent and a lot of patient hard work.
Josip Glaurdic’s The Hour of Europe: Western Powers and the Breakup of Yugoslavia is such a study. As far as general accounts of the break-up go, there are only two or three that rival this work; none that is better. A great strength of this work lies in Glaurdic’s careful balance between the domestic and international dimensions of Yugoslavia’s break-up; he gives equal space to each and shows carefully the interaction between them. As far as the domestic dimension is concerned, he has skilfully summarised and distilled the existing knowledge about the subject as well as anybody before him. But where this book is truly original and groundbreaking is in its analysis of the international dimension. For this is the best serious, comprehensive, scholarly analysis of the role of the West – specifically, of the US, European Community and UN – in the break-up of Yugoslavia.
The mainstream literature has tended to present the West’s involvement in the break-up in terms of a reaction after the fact: Yugoslavia collapsed and war broke out due to internal causes, and the West responded with a weak, ineffective and primarily diplomatic intervention. Some excellent studies of the responses of individual Western countries have appeared, most notably by Michael Libal for Germany, Brendan Simms for Britain and Takis Michas for Greece. Apologists for the former regime of Slobodan Milosevic or for the Great Serb nationalist cause have, for their part, churned out innumerable versions of the conspiracy theory whereby the break-up of Yugoslavia was actually caused or even engineered by the West; more precisely by Germany, the Vatican and/or the IMF. But up till now, nobody has attempted to do what Glaurdic has done, let alone done it well.
Glaurdic’s innovation is to begin his study of the West’s involvement not in 1991, when full-scale war broke out in the former Yugoslavia, but in 1987, when Milosevic was assuming absolute power in Serbia. This enables him to interpret the West’s reaction to the eventual outbreak of war, not as a reflex to a sudden crisis, but as the result of a long-term policy. He places this long-term policy in the broader context of the evolution of the West’s global considerations in the late 1980s and early 1990s. The most important of these considerations concerned a state incomparably more important than Yugoslavia: the Soviet Union.
Yugoslavia’s principal significance for the Western alliance during the Cold War was as a buffer state vis-a-vis the Soviet Union and as a model of an independent, non-Soviet Communist state. These factors became less important in the second half of the 1980s, when Mikhail Gorbachev ruled the Soviet Union and the Cold War was winding down. Milosevic was initially identified by some influential Western observers as a possible ‘Balkan Gorbachev’; a Communist reformer who might bring positive change to Yugoslavia. The most important such observer was the veteran US policymaker Lawrence Eagleburger, who became deputy Secretary of State in January 1989. In his confirmation hearings in the Senate Foreign Relations Committee on 15-16 March 1989, Eagleburger stated that ‘there is no question in my mind that Milosevic is in terms of economics a Western market-oriented fellow… [who] is playing on and using Serbian nationalism, which has been contained for so many years, in part I think as an effort to force the central government to come to grips with some very tough economic problems.’ (Glaurdic, p. 40).
This initial US appreciation for Milosevic dovetailed with a more important consideration: the fear that a collapse of Yugoslavia would create a precedent for the Soviet Union, weakening the position of Gorbachev himself. Of decisive importance was not merely that Western and in particular US leaders viewed Gorbachev as a valued friend, but the extreme conservatism of their ideology as regards foreign policy. Simply put, the US administration of George H.W. Bush valued stability above all else, including democratic reform, and actually preferred Communist strongmen, not only in the USSR but also in Poland, Hungary and Czechoslovakia, to the democratic opposition to them. Bush and his team feared the collapse of the Soviet Union and the destabilisation that this threatened – given, among other things, the latter’s nuclear arsenal. This led them to acquiesce readily in Soviet repression in Lithuania, Latvia, Azerbaijan and Georgia. Their acquiescence in Milosevic’s repressive policies was a natural corollary.
As Glaurdic shows, this conservative-realist worldview led the Bush Administration, right up till the end of 1991, to champion Yugoslavia’s unity rather than its democratic reform. Though the US gradually lost faith in Milosevic, its animosity in this period was above all directed at the ‘separatist’ regimes in Croatia and Slovenia. The irony was not only that Croatian and Slovenian separatism was a direct response to the aggressive policies of the Milosevic regime, but also that the latter was promoting the break-up of Yugoslavia as a deliberate policy. Through its unwillingness to oppose Milosevic and its hostility to the Croats and Slovenes, Washington in practice encouraged the force that was promoting the very break-up of Yugoslavia that it wished to avoid.
The problem was not that the Bush Administration lacked accurate intelligence as to what Milosevic’s regime was doing, but that it chose to disregard this intelligence, instead clinging blindly to its shibboleth of Yugoslav unity, indeed of Yugoslav centralisation. Thus, as Glaurdic shows, a ‘conservative realist’ ideology resulted in a highly unrealistic, dogmatic policy. In October 1990, the CIA warned the US leadership that, while the latter could do little to preserve Yugoslav unity, its statements would be interpreted and exploited by the different sides in the conflict: statements in support of Yugoslav unity would encourage Serbia while those in support of human rights and self-determination would encourage the Slovenes, Croats and Kosovars (Glaurdic, p. 110). The Bush Administration nevertheless continued to stress its support for Yugoslav unity.
This meant not only that the West failed to respond to Milosevic’s repressive and aggressive policy, but that Milosevic and his circle actually drew encouragement from the signals they received from the West. Milosevic scarcely kept his policy a secret; at a meeting with Western ambassadors in Belgrade on 16 January 1991, he informed them that he intended to allow Slovenia to secede, and to form instead an enlarged Serbian stage on the ruins of the old Yugoslavia, that would include Serb-inhabited areas of Croatia and Bosnia and that would be established through the use of force if necessary. This brazen announcement provoked US and British complaints, but no change in policy (Glaurdic, pp. 135-136).
The problem was not merely ideological rigidity and mistaken analysis on the part of Western and particular US leaders, but also sheer lack of interest. Glaurdic describes the paradoxical Western policy toward the Yugoslav Federal Prime Minister, Ante Markovic, who – unlike Milosevic – really did want to preserve Yugoslavia, and whose programme of economic reform, in principle, offered a way to achieve this. In comparison with the generous financial assistance extended to Poland in 1989-1990, no remotely similar support was offered to Markovic’s government, because in US ambassador Warren Zimmermann’s words, ‘Yugoslavia looked like a loser’. (Glaurdic, p. 68).
The US’s dogmatic support for Yugoslav unity was shared by the West European powers. Glaurdic demolishes the myth – already exploded by authors like Libal and Richard Caplan – that Germany supported or encouraged Croatia’s and Slovenia’s secession from Yugoslavia. When the president of the Yugoslav presidency, Janez Drnovsek, visited Bonn on 5 December 1989, German chancellor Helmut Kohl expressed to him his ‘appreciation for Yugoslavia’s irreplaceable role in the stability of the region and the whole of Europe’. On the same occasion, German president Richard von Weizsaecker informed the Yugoslav delegation that he supported a ‘centralised’ Yugoslavia (Glaurdic, p. 59). A year later, on 6 December 1990, German foreign minister Hans-Dietrich Genscher told his Yugoslav counterpart, Budimir Loncar, that Germany ‘has a fundamental interest in the integrity of Yugoslavia’, and consequently would make ‘the Yugoslav republics realise that separatist tendencies are damaging to the whole and very costly’ (Glaurdic, pp. 124-125).
This German opposition to Croatian and Slovenian independence continued right up till the latter was actually declared in June 1991, and beyond. According to Gerhard Almer, a German diplomat and Yugoslav specialist at the time, ‘Everything that was happening in Yugoslavia was viewed through Soviet glasses. [Genscher's] idea was, “Well, Yugoslavia disintegrating is a bad example for Soviet disintegration, and this was bad for us since we needed a Soviet Union capable of action because we needed to get a deal with them on our unity”. This was widely accepted in the ministry.’ (Glaurdic, p. 160). Contrary to the myth of anti-Yugoslav imperialistic tendencies on the part of Helmut Kohl’s Christian Democratic government, the latter’s support for the Yugoslav status quo in the face of Belgrade’s abuses was so rigid that it provoked strong resistance from the Social Democratic opposition.
Genscher, subsequently demonised as a supposed architect of Yugoslavia’s break-up, actually resisted this pressure from the Bundestag for a shift in German policy away from unbending support for Yugoslav unity and toward greater emphasis on human rights and self-determination. The turning point for him, as Glaurdic shows, came with his visit to Belgrade on 1 July 1991, after the war in Slovenia had broken out. The combination of the overconfident Milosevic’s aggressive stance in his talk with Genscher, and the Yugoslav government’s inability to halt the Yugoslav People’s Army [JNA] operations against Slovenia, destroyed the German foreign minister’s faith in the Belgrade authorities, leading to his gradual shift in favour of Croatia and Slovenia. Eventually, after a lot more Serbian intransigence and military aggression, Germany would reverse its traditional policy by 180 degrees, and come out in favour of the recognition of Slovenia’s and Croatia’s independence, while the EC would split into pro- and anti-recognition currents of opinion.
Nevertheless, as Glaurdic shows, Germany’s change of heart was a double-edged sword, since it aroused the anti-German suspicions and rivalries of other EC states, particularly France and Britain, which consequently hardened their own stances against recognition. On 6 November 1991, while the JNA’s military assaults on the Croatian cities of Vukovar and Dubrovnik were at their peak, Douglas Hogg, the UK’s Minister of State for Foreign and Commonwealth Affairs, explained to the Foreign Affairs Committee of the House of Commons that his government was opposed to the recognition of Croatia since it would create an ‘obstacle’ to territorial adjustments in Serbia’s favour and at Croatia’s expense. Several days later, the French president, Francois Mitterand, made a similar public statement, indicating that he saw Croatia’s existing borders as a ‘problem’ that prevented its recognition (Glaurdic, pp. 253-254).
The Bush Administration, meanwhile, acted as a brake on the EC’s shift against Belgrade and in favour of recognition, teaming up with the British and French to counter Germany’s change of policy. US Secretary of State James Baker and his deputy Lawrence Eagleburger, as well as the UN special envoy Cyrus Vance (himself a former US Secretary of State) waged a diplomatic battle in this period against any shift away from the West’s non-recognition policy, and against any singling out of Serbia for blame for the war – even as the JNA was massively escalating its assault on Vukovar in preparation for the town’s final conquest. Eagleburger had signalled to the Yugoslav ambassador in October that, although the US was aware that Milosevic was attempting to establish a Greater Serbia, it would do nothing to stop him except economic sanctions, and even these only after Greater Serbia had been actually established (Glaurdic, pp. 243-246). As late as December 1991, Vance continued to oppose recognition and to support the idea of a federal Yugoslavia, and continued moreover to put his trust in Milosevic, the JNA and Bosnian Serb leader Radovan Karadzic, while viewing the Croatians dismissively as ‘these Croatian insurgents’ (Glaurdic, pp. 264-265).
Glaurdic has marshalled an enormous wealth of documentary evidence to show that the British, French and Americans, far from reacting in a weak and decisive manner to a sudden outbreak of war, actually pursued a remarkably steady and consistent policy from before the war began, right up until the eve of full-scale war in Bosnia-Hercegovina: of vocally supporting Yugoslav unity and opposing Croatian and Slovenian secession; of resisting any singling out of Serbia for blame or punishment; of opposing recognition of Slovenia and Croatia; of seeking to appease Milosevic and the JNA by extracting concessions from Croatia as the weaker side; and finally of appeasing the Serb nationalists’ desire to carve up Bosnia. EC sanctions imposed in November 1991 applied to all parts of the former Yugoslavia equally, while there was no freezing of the international assets or financial transactions through which the JNA funded its war. The UN arms embargo, whose imposition had actually been requested by the Yugoslav government itself, favoured the heavily-armed Serbian side and hurt the poorly armed Croatians. Although, largely on account of Germany’s change of heart, the EC at the start of December 1991 belatedly limited its economic sanctions to Serbia and Montenegro alone, the US immediately responded by imposing economic sanctions on the whole of Yugoslavia.
According to myth, the Western powers applied the principle of national self-determination in a manner that penalised the Serb nation and privileged the non-Serbs. As Glaurdic shows, the reverse was actually the case. In October 1991, Milosevic rejected the peace plan put forward by the EC’s Lord Carrington, which would have preserved Yugoslavia as a union of sovereign republics with autonomy for national minorities, in part because he feared it implied autonomy for the Albanians of Kosovo and the Muslims in Serbia’s Sanjak region. Carrington consequently modified his plan: Croatia would be denied any military presence whatsoever in the disputed ‘Krajina’ region, despite it being an integral part of Croatia inhabited by many Croats, while Serbia would be given a completely free hand to suppress the Kosovo Albanians and Sanjak Muslims. Carrington’s offer came just after leaders of the latter had organised referendums for increased autonomy, and after the Milosevic regime had responded with concerted police repression (Glaurdic, p. 242).
Milosevic nevertheless continued to reject the Carrington Plan in the understandable belief that the West would eventually offer him a better deal. He consequently asked Carrington to request from the EC’s Arbitration Commission, headed by Robert Badinter, an answer to the questions of whether the Serbs in Croatia and Bosnia possessed the right to self-determination, and of whether Serbia’s borders with Croatia and Bosnia should be considered borders under international law. Carrington submitted these to the Commission, along with a third question, of whether the situation in Yugoslavia was a case of secession by Slovenia and Croatia or a case of dissolution of the common state. That the Arbitration Commission ruled against Serbia on all three counts was, in Glaurdic’s words, a ‘terrible surprise for Milosevic and for many in the international community’ (p. 260), given that Badinter was a close associate of President Mitterand, whose sympathies were with Serbia’s case. The Badinter Commission’s ruling dismayed both Carrington and French foreign minister Roland Dumas, and paved the way to international recognition of Croatia and Slovenia. But it did not fundamentally change the West’s policy.
Glaurdic’s account ends with the outbreak of the war in Bosnia, which as he argues, should be seen as the logical culmination of this policy. The failure of the EC foreign ministers to recognise Bosnia’s independence in January 1992 along with Croatia’s and Slovenia’s was, in Glaurdic’s words, ‘the decision with the most detrimental long-term consequences, all of which were clearly foreseeable… The EC had missed a great chance to preempt a war that would soon make the war in Croatia pale in comparison. Of all the mistakes the European Community had made regarding the recognition of the Yugoslav republics, this one was probably the most tragic.’ (pp. 281-282). Recognition of Bosnia at this time would have upset Milosevic’s and Karadzic’s plans for destroying that republic; instead, they were given every indication that the West would acquiesce in them.
Thus, on 21-22 February 1992, Bosnia’s politicians were presented with the first draft of the plan of the EC’s Jose Cutileiro for the three-way partition of Bosnia-Hercegovina into loosely linked Serb, Croat and Muslim entities. Since the plan, based on the ethnic majorities in Bosnian municipalities, offered the Bosnian Serb nationalists ‘only’ 43.8% of Bosnian territory instead of the 66% they sought, the latter’s assembly unanimously rejected it on 11 March. Once again, the EC abandoned universal standards in order to accommodate Serb intransigence, and Cutileiro modified his plan so that the three constituent Bosnian entities ‘would be based on national principles and would be taking into account economic, geographic and other criteria’ (Glaurdic, p. 294), thereby opening the way for a Serb entity with a larger share of Bosnian territory than was justified on demographic grounds.
Ultimately, Bosnian president Alija Izetbegovic rejected the plan. But as Glaurdic writes,
‘The damage that the Cutileiro plan did to Bosnia cannot be overstated. By accepting the ethnic principle for the reorganisation of the republic, Cutileiro in essence recognised the platforms of the SDS [Serb Democratic Party led by Karadzic] and the Boban wing of the HDZ [Croat Democratic Union] and opened a Pandora’s box of ethnic division that still mars Bosnia to this very day. Cutileiro’s intent was obviously to appease the Bosnian Serbs and their Belgrade sponsor into not implementing their massive war machinery. However, instead of lowering tensions and giving the three parties an impetus to keep negotiating, the plan actually gave them a “charter for ethnic cleansing”.’ (p. 290)
In these circumstances, the West’s belated recognition of Bosnia’s independence in April 1992 was naturally not taken seriously by the Serb leaders; Milosevic rather wittily compared it to the Roman emperor Caligula declaring his horse to be a senator (Glaurdic, p. 298).
My principal regret is that Glaurdic did not fully apply the logic of his iconoclastic analysis to his consideration of the Croatian dimension of the Yugoslav tragedy. He carefully and correctly highlights the retrograde nationalist ideology of Croatian president Franjo Tudjman, including his equivocal statements about the Nazi-puppet Croatian regime of World War II and his promotion of the partition of Bosnia-Hercegovina. Yet he does not properly stress the extent to which Tudjman’s repeated retreats in the face of Serbian aggression merely encouraged the latter, just as did the similar retreats of the Western leaders. Thus, Tudjman capitulated to the JNA’s bullying in January 1991 and agreed to demobilise Croatia’s reservists and arrest Croatian officials involved in arms procurement, including the Croatian defence minister Martin Spegelj himself. Glaurdic argues that this ‘defused the [JNA] generals’ plan for a takeover’ and brought Yugoslavia ‘back from the brink’ (p. 134), but it would be more accurate to say that such Croatian appeasement merely encouraged further Serbian assaults, and that the killing in Croatia began only weeks later.
Glaurdic has carefully described the Milosevic regime’s secessionism vis-a-vis the Yugoslav federation, but one significant detail omitted from his book is the promulgation on 28 September 1990 of Serbia’s new constitution, which stated that ‘The Republic of Serbia determines and guarantees: 1 the sovereignty, independence and territorial integrity of the Republic of Serbia and its international position and relations with other states and international organisations;…’. In other words, Serbia declared itself a sovereign and independent state before either Croatia or Bosnia did. This is relevant when evaluating not only the Milosevic regime’s hypocrisy regarding ‘separatism’, but the extent of the West’s policy failure. Milosevic posed as Yugoslavia’s defender while he deliberately destroyed it. Western leaders were hoodwinked: they sought both to uphold Yugoslavia’s unity and to appease Milosevic’s Serbia. As Glaurdic has brilliantly demonstrated, their dogged pursuit of the second of these policies ensured the failure of the first.
The Norwegian terrorist Anders Behring Breivik appears very interested in the Balkans. A lot of space in his ponderous 1,518-page ‘manifesto’ is devoted to discussing Balkan themes. This is not limited merely to praising Radovan Karadzic (‘for his efforts to rid Serbia of Islam he will always be remembered as an honourable Crusader and a European war hero’), supporting the past Serb ethnic cleansing of Bosniaks and Albanians, condemning Kosovo’s independence and demanding that all Bosniaks and Muslim Albanians be deported from Europe (while the Muslim Turkish populations of Cyprus and western Anatolia are to be deported to central Anatolia). It involves also lengthy ruminations on hundreds of years of Ottoman and Turkish history, in which Breivik demonises all aspects of the Ottoman heritage.
Some commentators have argued that this psychopathic mass-murderer represents such an exceptional case that his actual beliefs are irrelevant to understanding his actions. According to Simon Jenkins in the Guardian, ‘The Norwegian tragedy is just that, a tragedy. It does not signify anything and should not be forced to do so. A man so insane he can see nothing wrong in shooting dead 68 young people in cold blood is so exceptional as to be of interest to criminology and brain science, but not to politics.’ As a rule, Jenkins is absolutely wrong about everything, and this is no exception. Breivik represents the exemplar of an extremely dangerous trend in Western and European politics, and his interest in the Balkans – or rather, in his own mythologised narrative of Balkan history – flows naturally from this.
Breivik’s actions are exceptional, but his views are not. His views on Islam and on immigration are in some important respects typical of the right-wing Islamophobic current, some of whose prominent members and groups he cites or sympathises with in his manifesto: Geert Wilders, Robert Spencer, Melanie Phillips, Srdja Trifkovic, Mark Steyn, the English Defence League (EDL) and others. He sees immigration, particularly Muslim immigration, coupled with liberal multiculturalism and political correctness, as a mortal threat to European or Western society. Such views are often justified by their holders as being ‘pro-Western’, whereby ‘the West’ is counterposed to ‘Islam’, as if the two were binary opposites. In reality, the very opposite is true: modern European civilisation was built upon foundations that were Islamic as well as Christian, Jewish, pagan and others. The Enlightenment gave rise to a Europe in which the sectarian religious animosities that characterised the pre-Enlightenment age could be transcended; modern Western liberal and secular values are founded upon the principle of religious toleration.
Far from being ‘pro-Western’; our contemporary right-wing Islamophobes, in seeking to rekindle the religious divide between Christians and Muslims that characterised pre-Enlightenment Europe, reject Western values in favour of pre-Western values. During their successful Vienna War of 1683-1699 against the Ottoman Empire, Austrian Habsburg forces slaughtered, plundered, expelled or forcibly converted to Christianity the Muslim population of the Hungarian and Croatian territories they reconquered, which were forcibly de-Islamised; the Austrians burned the Ottoman Bosnian city of Sarajevo to the ground. The subsequent Ottoman Bosnian victory over Habsburg forces in the Battle of Banja Luka of 1737 saved the Bosnian Muslims from their destruction as a people that an Austrian conquest of Bosnia would have involved. Yet when the Austrian Habsburgs did finally succeed in occupying Sarajevo and Bosnia in 1878, they protected the Muslim population and respected the Islamic religion. Europe, in the interval, had experienced the Enlightenment. It is the pre-Enlightenment Europe to which today’s right-wing Islamophobes look back nostalgically; something symbolised in the name of the anti-Islamic hate-blog, ‘Gates of Vienna’, named after the Ottoman siege of Vienna of 1683 and cited approvingly by Breivik. Hence Breivik’s own obsessive demonising of the Ottoman ‘other’ and its history, all the way back to the Middle Ages.
The right-wing Islamophobes are the mirror-image of the Islamists they claim to oppose. Nineteenth-century opponents of liberal secular values frequently became anti-Semites, seeing the Jews, as they did, as the beneficiaries of these values, to which the Jews owed their emancipation. Today’s Muslim opponents of the Enlightenment have inherited Christian anti-Semitism, whereas the Christian reactionaries have transferred their animosity to a different – Muslim – minority. Apologists blame individuals like Breivik and groups like the EDL and British National Party (BNP) on supposedly ‘objective’ problems of aggressive Islam and immigration that mainstream politicians are supposedly failing to tackle. Just as apologists for Islamism blame it on supposed ‘root causes’ to be found in US imperialism or the behaviour of Israel. Just as earlier apologists for anti-Semitism blamed anti-Semitism on the Jews. The Islamophobes point to Muslim support for Islamic extremism as their anti-Semitic predecessors once pointed to Jewish support for communism. As their Islamist counterparts point to Jewish support for Zionism. And so on.
Such chauvinistic ideologies are not caused by the minority or foreign groups that they target. Undeniably, popular anti-Semitism before World War II tended to be strongest in countries with large, visible Jewish populations, like Poland and Romania, just as popular Islamophobia today is often strongest in West European cities that have experienced large-scale Muslim immigration, but this does not mean that the victims of the bigotry are to blame. Muslim immigration does not automatically give rise to Islamophobia, any more than Zionism automatically gives rise to Muslim anti-Semitism, or ‘US imperialism’ gives rise to Islamist terrorism. Right-wing Islamophobia, Islamism, anti-immigrant racism and modern anti-Semitism are all, in their different ways, expressions of a more general reaction against, and rejection of, modernity and what it implies.
Interestingly, Breivik, who apparently never had a proper girlfriend and lived with his mother until he was thirty, shares Islamism’s extreme misogyny and gender insecurity. His manifesto rails against the ‘feminisation of European culture’ and the supposed emasculation of the contemporary European male, complaining that Muslim immigrants are systematically raping white European women, but that ‘As a Western man, I would be tempted to say that Western women have to some extent brought this upon themselves. They have been waging an ideological, psychological and economic war against European men for several generations now, believing that this would make you “free”… Western women have been subjected to systematic Marxist indoctrination meant to turn you into a weapon of mass destruction against your own civilisation, a strategy that has been remarkably successful.’ But of course, not all Islamophobes are straightforwardly conservative; some oppose Muslims and Islam on the grounds that the latter are sexist and homophobic. Such syntheses of liberalism and illiberalism are nothing new; European fascism and its sympathisers of the 1920s, 30s and 40s had their liberal roots and tendencies too, however paradoxical that might sound (readers are recommended to read Julian Jackson’s excellent France: The Dark Years, 1940-1944, that describes the synthesis of liberal, conservative Catholic and radical right-wing currents that found expression in the 1940s Vichy regime in France).
What our contemporary Islamophobes share – conservatives and ‘liberals’ alike – is conformism, xenophobia, fear of change, hostility to diversity, paranoia about minorities and a longing for the order and certainties of a lost, idealised ‘golden age’ that, in some cases, may not even be very long ago. In the Nordic countries, home of the Jante Law, where an apparently model liberalism frequently masks extreme conformism and insularity, where foreign guests and immigrants usually find it very difficult to fit in (in a way that they don’t in London or New York, for example), and where virulent anti-immigration parties such as the Danish People’s Party and Sweden Democrats have enjoyed success at the polls, this takes its own particular form. Far from needing to be shielded from greater diversity, my feeling is that the Nordic world would benefit from more of it; that even if Norway has no pressing economic reason to join the EU, immersion and participation in the common European project would benefit it culturally and spiritually. But for all that, the sickness that created Breivik is a European and global sickness, not just a Nordic sickness.
This brings us back to the Balkans, a region that resembles the Nordic world in the extent of its often stultifying insularity. For all that Serbia appeared to pursue its own sonderweg during the late 1980s and 1990s, at another level, the Serbian nationalist right and anti-democratic left were exemplars and pioneers of what became an all-European anti-immigrant and Islamophobic trend. Serbian nationalist and Communist hardliners railed against the restrictions supposedly placed on Serbia by membership of a multinational community – the Yugoslav federation. They railed against high Muslim and Albanian birth-rates that were resulting in the Serbs being ‘out-bred’, while lamenting the lower birth-rate among Serbs as symptomatic of national decline. They railed against the supposed mass immigration of ethnic Albanians from Albania into Kosovo; against the supposed Kosovo Albanian cultural ‘otherness’ and refusal to assimilate; against Kosovo Albanians allegedly raping Serb women while the authorities stood idly by. They lamented the supposed corruption and decline of their national culture while indulging in medievalist escapism. All these themes have now been taken up by nationalists in other European countries. For example, in Breivik’s words, ‘The Muslims in Bosnian Serbia; the so called Bosniaks and Albanians had waged deliberate demographic warfare (indirect genocide) against Serbs for decades. This type of warfare is one of the most destructive forms of Jihad and is quite similar to what we are experiencing now in Western Europe.’
Andrew Gilligan, writing in the Telegraph, has claimed that the danger posed by far-right (i.e. white, Christian) terrorists like Breivik is simply not on the same order of magnitude as that posed by al-Qaeda: ‘Over the last 10 years, nationalist terrorists, even counting Breivik, have killed about 200 Westerners; al-Qaeda has killed about 4,000… The white Right should not be ignored by the security authorities – but it would be dangerous to divert our attention from the real threat.’ But this is wrong: tens of thousands of Muslims were killed by white Christians in Bosnia, Kosovo and Chechnya in the 1990s. Breivik has praised the killers, both Radovan Karadzic and Vladimir Putin; the numbers of their victims in Europe dwarf those of al Qaeda.
The danger is that Breivik is the harbinger of a trend. Extremism and chauvinism among the majority will always ultimately be more dangerous than extremism and chauvinism among minorities. Right-wing populists such as Geert Wilders and Marine Le Pen may not themselves incite violence, and cannot be equated with a killer like Breivik. But the climate of intolerance they are promoting threatens to give rise to many more Breiviks. The Islamophobic, anti-immigration far-right is the no. 1 internal threat in Western Europe to European society and Western values today.
This article was published today on the website of the Henry Jackson Society.
This is a guest post by David Pettigrew
The arrest of General Ratko Mladić is a profoundly important step on the long path to justice for the victims and the survivors of the genocide against Bosnia’s Muslims (Bošniaks) that was perpetrated from 1992 to 1995 by Serbian and Bosnian Serb forces. However, the expectation that Mladić’s arrest will “close a chapter” –as stated by Serbian President Tadić– on the war of aggression, or open a “new chapter” for Serbia, fails to recognize that Mladić’s genocidal legacy lives on in the form of the political entity known as Republika Srpska.
Between 1991 and 1992 Radovan Karadžić’s nationalistic Serbian Democratic Party brought about the creation of Republika Srpska in response to the fact that Bosnia and Herzegovina was preparing a referendum on independence as a multicultural nation. The name Republika Srpska literally means a Republic of or for Serbs. Unfortunately, the area in which this “Republic for Serbs” was declared was within the borders of Bosnia and included eastern Bosnia where the Bošniaks constituted, in most locations, the majority of the inhabitants. The creation of Republika Srpska was to entail the forcible displacement of the Bošniaks from within its self-declared territory through terror, rape, and murder, which in some cases included wanton mass murder. In July 1995 alone, over 8,000 men and boys were murdered at Srebrenica in an act that has been declared genocide by two international courts.
Srebrenica was not the only place where Bošniaks were targeted as such and murdered en masse. Additional atrocities and murders occurred throughout eastern Bosnia, between 1992 and 1995 in towns such as Višegrad. On two separate occasions in June of 1992 (on Pionirska Street and in the Bikavac neighborhood) women and children were forced into houses that were set on fire. They perished in the flames. Further, an estimated 3,000 were murdered on and around the Ottoman bridge in Višegrad and thrown into the Drina River. In August of 2010 I accompanied the Bosnian government’s exhumation team to Višegrad. Work on a nearby dam caused the river level to drop and it was finally possible to exhume the bones of the victims from the riverbed. We found the remains of many of the victims and identification is in progress.
In addition, hundreds of villages in eastern Bosnia were destroyed as part of the Bosnian Serb strategy, making return and repopulation by the Bošniaks virtually impossible. Approximately 1,000 mosques were destroyed in Republika Srpska, and in some cases, Serbian Orthodox churches were constructed directly upon the ruins. In one case, a Serbian Orthodox church was constructed on a Bošniak woman’s land without her permission and it still remains to this day. More than 350 mass graves that hold the remains of the Bošniak victims have been discovered within Republika Srpska. The perpetrators tried to hide their crimes by moving the remains to new locations. In the process, the bodies were dismembered, making the process of exhumation and identification tragically difficult.
Indisputably, the entity Republika Srpska was founded upon a genocidal ideology, maintained through the barbarity of genocidal acts and ultimately legitimized by the Dayton Peace Accords 1995. The surviving founding members of Republika Srpska, Radovan Karadžić, Biljana Plavšić, and Momčilo Krajišnik, are either on trial –having been charged with genocide, crimes against humanity, and violations of the laws and customs of war– or have already been convicted and sentenced for their role in the war crimes. However, the current President of Republika Srpska, Milorad Dodik denies the genocide at Srebrenica and speaks openly of secession from Bosnia. In other words, in spite of the arrest of Mladić, Republika Srpska continues to be, for Bosnia’s Muslims, a dehumanizing zone of exclusion. Mladić’s legacy –Republika Srpska– remains intact.
One of Ambassador Richard Holbrooke’s greatest regrets, as the architect of the Dayton Peace Accords, was the recognition and the naming of Republika Srpska. He feared throughout the process that such recognition and such a name would legitimize –if not reward– their genocidal aggression. Hence, to do justice to victims of the genocide against the Bošniak civilians (Bosnian Muslims), the arrest of Mladić must serve as a reminder to the European and international diplomatic community that it is time to reunify Bosnia through constitutional reform. It is indeed unseemly for President Tadić to reduce Mladić’s arrest to the final step in Serbia’s strategy for its entrance to the European Union. The Copenhagen Criteria of 1993 call for those seeking membership in the European Union to respect human rights and the rule of law not only in their own countries but also in association with others. Serbia must now be called upon to denounce President Dodik’s rhetoric of genocide denial and secession and to fully support the reunification of Bosnia.
David Pettigrew, PhD, is Professor of Philosophy at Southern CT State University in New Haven, CT. His report on the exhumations in Višegrad can be found on his website.
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.
Citizens of Bosnia and Albania recently received the right to visa-free travel to the EU. These are the last countries in the Balkans whose citizens have received this right, leaving Kosova as the only remaining country in the region whose citizens do not enjoy it. Yet it appears that EU officialdom is less than enthusiastic.
‘It is a possibility to travel, to meet friends, family and to get to know each other better… [but] it does not give any rights to work or to stay longer in the EU’, EU Home Affairs Commissioner Cecilia Malmstrom said after she met in Sarajevo with Bosnian officials and university students. ’If the [European] Commission sees that there is a systematic abuse of this, automatically, of course, the visa liberalisation, visa freedom can be withdrawn’. Furthermore,’I hope we will not reach that stage, but we are here today with the Belgium presidency (of the EU) to bear in mind the limits in order not to give the wrong message and to inform people’. She then visited Tirana, where she repeated this warning: ‘we encourage Albanians and Bosnians to think carefully and to respect the rules established for visa liberalisation in the Schengen area.’
‘Visa liberalization allows you to come and you are welcome but you cannot abuse visa liberalization’, said Melchior Wathelet, immigration and asylum secretary for Belgium, which currently holds the rotating EU Presidency. ‘It doesn’t mean you can seek asylum, get money from member states, seek welfare support from the member states, or that you will be allowed to work in the EU’. Furthermore,’Do not undermine the signal that has been given by the member states, it’s really a signal of confidence towards Bosnia’. Wathelet said. Malmstrom said the European Commission would make a report on the way the procedures have been respected ‘in six months’.
What these worthy Eurocrats are actually saying, of course, is ‘we in the EU don’t much like Muslims, Gypsies or poor foreigners in general, and you worthless Balkan untermenschen had better not get above yourselves and do anything that might upset the racist and Islamophobic constituency in Western Europe, to which our mainstream politicians nowadays are grovelling.’
In the face of such an insulting threat, it is heartening to note that some are ignoring it. As BalkanInsight reports, Mirela Imsirevic, a 28-year-old Roma from Sarajevo, is planning ‘to finally get a life’ by taking her five children abroad: ‘I would like to live abroad…in any country that would let me do it’.
This appears sensible; if it is really true that visa-free travel can be withdrawn, then all those who want to come had better hurry up. There are few causes more noble than upsetting gypsy-baiters like Silvio Berlusconi and Nicolas Sarkozy and their supporters as an end in itself. Bosnians in particular should remember the EU’s responsibility for causing the economic and political mess in their country; the appeasement of Milosevic and Karadzic; the arms embargo; the betrayal of Srebrenica. The EU owes you. Albanians have been among the staunchest defenders of the free world over Afghanistan and Iraq, something that cannot unfortunately be said for all EU member states. The least the EU can do is to allow you to immigrate to it without whining.
Bosnians, Albanians and other peoples of the Balkans should send a clear message to the EU apparatchiks that they will not be intimidated. Come on over !
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