This interview appeared in Bosnian translation in Dnevni Avaz on 2 April 2014
What parallels with Bosnia – if any – can you draw from the situation in Ukraine ?
Ukraine and Bosnia are both multinational states that until the early 1990s were members of larger multinational federations – the Soviet Union and Yugoslavia respectively. When these federations broke up, Serbia under Milosevic initially wholly rejected the sovereignty and territorial integrity of the former Yugoslav republics as successor states, and waged a genocidal assault on Croatia and Bosnia in order to redraw the territorial borders in its favour. Whereas Russia under Yeltsin adopted an initially more moderate policy and largely accepted the sovereignty and borders of the former Soviet republics, though with some attempts to undermine them – above all in Georgia and Moldova. However, Putin’s policy is closer to Milosevic’s, insofar as he is openly tearing up the territorial integrity of other former Soviet republics – first Georgia, now Ukraine. Putin, like Milosevic, is head of a ‘soft dictatorship’ – meaning a regime that preserves the outward appearance of a democracy but is in reality a dictatorship. And like Milosevic, he wants to expand the borders of his state through violent, unilateral means. We do not yet know now far Putin will go; whether or not he will move from annexing the Crimea to a larger war of conquest against Ukraine that could involve bloodshed on the scale of Bosnia in the 1990s, or whether he will extend his aggression to another former Soviet republic such as Moldova. Either scenario is entirely possible.
Of which international agreements over Ukraine is Russia now in breach ?
Russia is in breach of the 1994 Budapest Memorandum, which it signed along with the US and the UK, whereby the three parties agreed to refrain from the use or the threat of force against Ukraine’s territorial integrity, in return for Ukraine giving up its nuclear weapons.
How do you view the appearance of Chetniks in Crimea ?
The presence of Chetniks in Crimea indicates the fact that extreme Serb nationalists view Russia’s confrontation with the West and with the new pro-Western regime in Ukraine as a continuation of their own national struggle against the West and against Serbia’s neighbours. It is comic, but it could also be tragic, if the Russians decide to engage in ethnic cleansing against ethnic Ukrainians and Tatars in Crimea and the Chetniks participate.
Many Serbs from both sides of the Drina river support Putin’s action over Crimea? Why ?
Again, hardline nationalist Serbs view Putin’s confrontation with the West and with the new pro-Ukrainian regime as a continuation of their own national struggle. Putin is constructing a ‘Greater Russia’ through the annexation of the Crimea and other foreign territories, just as Milosevic sought to construct a ‘Great Serbia’ through the annexation of territory in Bosnia and Croatia. Putin’s actions open the door to possible territorial revisions in favour of Serbia as well. More generally, Putin is admired because he represents resistance to Western liberal values that hardline Serb-nationalists hate: tolerance, pluralism, respect for human rights and for ethnic minorities and gay people.
What should Sarajevo and the West do in order to prevent a Crimean scenario in Bosnia ?
If, as appears to be the case, Putin succeeds in annexing the Crimea without meeting serious Western opposition, it is entirely possible that he will eventually support the secession of Republika Srpska from Bosnia-Hercegovina. The argument used by opponents of Western military action in defence of Ukraine – that Ukraine is not a NATO member, therefore NATO should not defend it – applies equally to Bosnia. If Serbia joins the EU, it will be very difficult to restrain further aggressive actions on its part against Bosnia. Just as it has proven impossible to prevent Greece’s persecution of Macedonia, because Greece is in the EU as well as in NATO. If Republika Srpska declares independence and is recognised by Russia and by an EU-member Serbia, with the collaboration of EU-member and NATO-member Croatia (seeking to support Bosnian Croat separatism) it is difficult to imagine the West taking meaningful action to defend Bosnia’s territorial integrity.
There are many things the West should do to prevent this from happening. It should send troops to defend eastern Ukraine from possible Russian aggression. It should impose severe sanctions on Russia until Russia withdraws from the Crimea and recognises Ukraine’s territorial integrity. It should revise the Dayton settlement to restore a functioning Bosnian state, with a strong central authority and the powers of the entities and cantons at least greatly reduced.
However, I do not believe that the West will do these things, because it lacks the will. Therefore it is vital that patriotic Bosnians (primarily Bosniaks, but also other Bosnian citizens whose primary loyalty is to Bosnia-Hercegovina rather than to Serbdom or Croatdom) begin to develop a resistance strategy to prepare themselves for a possible conflict arising from the secession of the RS supported by Serbia and Russia. If and when the RS secedes, Bosnians must be in a position to respond militarily, even if the West fails to act. And they must have clear strategic goals.
Three years ago, as readers may recall, David N. Gibbs of the University of Arizona responded to my criticisms of his Srebrenica-genocide-denying propaganda tract First do no Harm: Humanitarian Intervention and the Destruction of Yugoslavia with an article published on ModernityBlog, entitled – in his characteristically hyperbolic style – ‘The Second Coming of Joe McCarthy’. What followed was a public debate in the comment boxes of the blog, in which Gibbs was comprehensively defeated on every point: he was unable to counter either my criticisms of his work, or my refutations of his criticisms of my own work. So weak, underhand and disingenuous were Gibbs’s attempts at discussion that the proprietor of the venue – where Gibbs had himself chosen to publish – graciously apologised to me personally for allowing him to post there: ‘I made a mistake by allowing David Gibbs a guest post. At the time I thought he was a reasonable academic who deserved a right of reply, however, subsequently I have had time to reflect on my poor judgement.’
I then published further articles exposing the way in which Gibbs distorted and manipulated source material to construct his fictitious narrative of the war in the former Yugoslavia. I refuted his attempt to justify Serb-nationalist territorial claims in Bosnia and his attempt to blame the break-up of Yugoslavia on a German imperialist conspiracy. I could have gone on to demolish the rest of his book as well, but that would have taken weeks of my life, and I felt I had sufficiently exposed its worthlessness as a supposed piece of scholarship. In January 2011, Gibbs admitted his inability to counter my refutations: ‘In what follows, I will make no pretense that I answer all of Hoare’s allegations, which I find impossible, given the huge quantity of his charges.’
Unable to win in a public debate, Gibbs then attempted to intimidate both me and my institution, Kingston University, in order to silence me. Out of the blue, nine months after our debate, he submitted a bogus complaint against me to my university containing fraudulent allegations. When Kingston inevitably failed to uphold his ‘complaint’, he published an attack on me, on Kingston and on my faculty dean on the far-right website Antiwar.com. He then sent increasingly threatening emails to my institution, which nevertheless continued to reject his ‘complaint’. Let us be clear on this point: despite what Gibbs insinuates, no part of his bogus complaint against me has ever been accepted by Kingston University.
This week, he is attempting yet again to intimidate Kingston University in the hope of silencing me, through a further bogus public complaint published on the anti-Semitic website Counterpunch .
The essence of Gibbs’s ‘complaint’ is that he is unhappy that I have I refuted much of his book. Instead of attempting to counter my arguments, he has simply restated his already refuted claims and portrayed my exposure of their fallaciousness as some sort of legitimate grievance. I am not going to waste my time re-stating points to which he was unable to respond the first time around. I have already refuted at length his wholly fantastical claim that the break-up of Yugoslavia was engineered by Germany; his wholly disingenuous claim to have engaged with existing scholarly literature by Michael Libal, Brendan Simms, Richard Caplan and others that contradicts his own arguments; his wholly spurious denial that he blames the Bosniak side for the Srebrenica massacre (I have dealt with his victim-blaming over Srebrenica twice already); and many of his other claims.
As regards arguments to which I haven’t previously responded, Gibbs’s formal statement condemning Milosevic is little more than a disclaimer in the style of ‘I’m not a racist, but…’. For those who are not familiar with the way these people operate: they rarely deny the crimes of Milosevic and the Serb forces altogether, but usually make an opening gambit along the lines of ‘Of course Milosevic and the Serb forces were guilty of terrible atrocities, but…’ before proceeding to regurgitate the Great Serb propaganda narrative putting the blame for the war on the Croats, Bosniaks and Western imperialism. There is little that is original in Gibbs’s version of this narrative; it has previously been presented in book form by Diana Johnstone, Michael Parenti, Kate Hudson and others, and before that via magazine format by the people behind Living Marxism.
Of course Gibbs does not devote much space in his book to explaining how Milosevic ‘made a central contribution to Yugoslavia’s demise’. No mention of the fact that Milosevic and the Serbian and JNA leaderships were the principal separatists in the break-up of Yugoslavia; that Milosevic’s ally Borisav Jovic recorded in his diary that he, Milosevic and the JNA’s Veljko Kadijevic agreed in June 1990 to work for the forcible expulsion of Slovenia and a dismembered Croatia from Yugoslavia; that Kadijevic in his published memoirs admits that the JNA was working from this time for the ‘peaceful’ exit of Slovenia and Croatia from Yugoslavia; that Serbia’s constitution of 28 September 1990 declared: ‘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’; that the following month Serbia imposed customs duties on imports from Croatia and Slovenia; that on 16 March 1991 Milosevic publicly announced that Serbia would no longer recognise the authority of the Yugoslav Presidency. Instead, Gibbs defends Milosevic as ‘a strong advocate of maintaining both Serbia and Yugoslavia as socialist’ (Gibbs, p. 65). And he makes clear that he blames the war in Croatia on the Croatian side: ‘The Croatian war had its origins with the nationalist forces that were unleashed during the election campaign of 1990, when Franjo Tudjman’s HDZ party came to power.’ (Gibbs, p. 87). And so on and so on.
Contrary to what Gibbs claims, I have never insinuated that he is ‘an extreme anti-Semite’. Gibbs pretends to deduce this supposed insinuation from my comparison of the myth that Germany brought about the destruction of Yugoslavia by engineering Croatian and Slovenian secession (a myth that he upholds) with the Protocols of the Elders of Zion. In other words, I am comparing an anti-German libel with an anti-Jewish libel, and Gibbs deduces from this that I am therefore accusing those who uphold the anti-German libel of being anti-Semitic. It really is difficult to believe that even Gibbs is quite so logically challenged that he can take his argument here seriously. Moreover, his faux outrage at the fabricated ‘insinuation’ is undermined by the fact that he has chosen to publish his latest attack in an anti-Semitic publication.
Gibbs claims ‘I have never objected to serious condemnation of Milošević’s crimes, in the media or elsewhere.’ But this is untrue. Gibbs wrote in his book: ‘Another feature of the Balkan conflict was the tendency of the Western media needlessly to exaggerate the atrocities committed by Serb armies… Atrocities committed at Serb-run detention camps were presented in sensationalist fashion, for example, and they became “extermination camps” comparable to Auschwitz. President Izetbegovic himself encouraged these interpretations. Yet, in 2003, shortly before his death, Izetbegovic conceded that “there were no extermination camps” in Bosnia. He also conceded that his previous claims to the contrary had been deliberate misrepresentations, intended to outrage Western public opinion and thus trigger Western military intervention against the Serbs.’ (Gibbs, p. 216) So Gibbs has accused the Western media of having ‘exaggerated’ Serb atrocities and presented them in a ‘sensationalist fashion’ (NB Gibbs’s claim regarding Izetbegovic rests not on any credible source, but solely on the self-serving testimony of Bernard Kouchner, who had been a minister in France’s pro-appeasement government during the war in Bosnia).
Gibbs claims ‘Another one of Hoare’s techniques is the use of faked quotations, wherein he fabricates quoted statements, which he attributes to me.’ This is another falsehood, and represents Gibbs’s desperate attempt to deflect attention away from my point-by-point refutation of his book. Here is what he writes:
‘In the above Modernityblog posting, for example, Hoare attributes to me the phrase “creating the hatred,” which he presents as a direct quotation. The implication is that in my view the Bosnian Muslims were “creating the hatred” in the Srebrenica area. In fact, this is a fake quotation. This phrase “creating the hatred” appears nowhere in any of my writings. Then in a later posting, he attributes to me the quote “created the hatred,” which once again implies that in my view the Muslims had created the hatred in Srebrenica. But the quoted phrase appears in none of my writings, and the essence of its meaning corresponds to nothing I have ever said.’
Naturally Gibbs doesn’t provide any link that would allow his readers to check whether indeed I had said what he claims. In fact, this is what Gibbs wrote in his book: ‘The Srebrenica safe area had an especially brutal history, and it was besieged by Serb forces throughout the war. It is important to note, however, that Muslim troops also behaved brutally. Especially problematic was the Muslim commander Brigadier Oric, who based his forces inside Srebrenica and conducted forays against Serb villages in the surrounding region. One UNPROFOR commander later described Oric’s activities as follows: “Oric engaged in attacks during Orthodox holidays and destroyed [Serb] villages, massacring all the inhabitants. This created a degree of hatred that was quite extraordinary in the [Srebrenica] region… [etc.]“‘ (Gibbs, pp. 153-154).
So Gibbs quoted an UNPROFOR commander as saying that the actions of Naser Oric’s Bosnian army ‘created a degree of hatred that was quite extraordinary in the [Srebrenica] region…’. Gibbs treated this claim uncritically, using it to substantiate his attribution of blame for the Srebrenica massacre to Oric’s Bosnian forces. He is now trying to conceal the fact that he wrote this passage, perhaps because he is aware of how shameful it is.
I cited this passage from Gibbs in my first ever post about him, and gave the quote in full. Readers are invited to check what I wrote about him against what he wrote in his book, to see if I cited him accurately. The discussion at Modernity blog was Gibbs’s response to that post. Readers are invited to read the exchange and judge for themselves whether my subsequent references to his statement were accurate or not.
Gibbs continues: ‘And there is yet a third fake quote, in the title of one of Hoare’s reviews: “First Check Their Sources 2: The Myth that ‘Most of Bosnia Was Owned by the Serbs Before the War.’” The first part of the title (“First Check Their Sources”) is a play on words from the title of my book, which is First Do No Harm. The embedded phrase in Hoare’s title (“Most of Bosnia Was Owned…”) is presented as a direct quote, with quotation marks. This quote is yet another fabrication, which falsifies both the literal wording of my book and also the substance of my stated views.’
As Gibbs knows very well, the part of the title in quote marks was not ‘presented as a direct quote’; nowhere did I claim that Gibbs had used those exact words. It was an entirely accurate paraphrasing of the position common to Gibbs and others like him, who do indeed claim that ‘most of Bosnia was owned by the Serbs before the war’. The exact words Gibbs uses are provided in detail in the article in question, with page numbers given. Again, readers are invited to read the article and decide for themselves if it was an accurate paraphrasing. Readers will note that Gibbs was wholly unable to respond to that article, so we may reasonably assume that apart from his quibble over my use of quote marks in the title, he accepts the validity of what I wrote there.
Finally, Gibbs claims ‘Due to Hoare’s tactics, the public understanding of Yugoslavia’s breakup has been fundamentally distorted, due to a climate of intimidation and fear, which has prevented genuine scholarly debate.’ But my ‘tactics’ simply involved writing a negative extended review of Gibbs’s book, exposing its poor scholarship and genocide denial. By contrast, here are Gibbs’s tactics, in his own words: ‘Every time in the future that I am forced to respond to Hoare’s attacks, I will emphasize the role of Kingston University in helping to make these attacks possible. I will especially emphasize the roles of Vice Chancellor Weinberg and Dean McQuillan, who are Hoare’s academic supervisors. Up to this point, there has been too little accountability with regard to Hoare’s conduct. It is time to correct the problem.’
I leave it to readers to make up their own minds about who is guilty of trying to intimidate. Gibbs has revealed himself as a bully with no respect either for truth or for freedom of speech. Neither Kingston University nor any other university worthy of the name will uphold a bogus, malicious complaint published on an unsavoury extremist website; one aimed solely at distracting attention away from an unanswerable refutation of poor scholarship, and at silencing legitimate criticism through threats and smears. But I am not going to be intimidated. I should like to take this opportunity to reaffirm what I have written about Gibbs, and to assure readers that it will not be retracted or taken down.
On 21 January, the Croatian journalists’ website autograf.hr published an article about me written by Dejan Jovic, chief analyst and special coordinator at the office of the president of Croatia, Ivo Josipovic. The Croatian newspaper Vecernji list republished Jovic’s article, then published my reply on 30 January, which is reproduced here with Croatian-language passages translated into English. My reply was also published in BCS translation by tacno.net.
Dejan Jovic’s attack on me, published by autograf.hr on 21 January, contains numerous falsehoods. For example, he accuses me: ‘To justify the war in Iraq, they employed the metaphor of Hitler (for Saddam Hussein)’. Yet I have never used the Hitler metaphor to describe Saddam Hussein, and in June 2013 I described the Iraq war in the pages of the Guardian as a ‘misguided adventure’. He claims ‘people like Hoare advocate further interventions as the solution to new problems: in Syria, maybe afterwards in Iran, then who knows where tomorrow.’ In fact, I explicitly condemned the idea of a US or Israeli attack on Iran on my blog back in April 2012. Jovic claims: ‘Indeed, those same people who attack me have already attacked many others, including the Washington Times, The Guardian, and proclaimed some other reputable individuals and media outlets to be “genocide deniers”.’ But I have never accused either the Washington Times or the Guardian of genocide denial, and I doubt whether Jovic’s other critics have either. Jovic links me to the politics of the Henry Jackson Society. Yet I resigned from that organisation at the start of 2012, and have explicitly and strongly condemned its politics repeatedly since.
Jovic’s string of ad hominem falsehoods directed against me appear to be his way of distracting attention from the matter at hand: his uncritical endorsement of David Gibbs’s Great Serb propaganda tract (First Do No Harm: Humanitarian Intervention and the Destruction of Yugoslavia, Vanderbilt University Press, Nashville, 2009), which denies the Srebrenica genocide. Jovic claims: ‘In criticising my review of Gibbs’s book, Hoare “forgets” that Gibbs personally replied to his thesis on “genocide denial” – and completely refuted it.’ But this is untrue. In his book (p. 281), Gibbs says of Srebrenica: ‘Certainly, the murder of eight thousand people is a grave crime, but to call it “genocide” needlessly exaggerates the scale of the crime’ (p. 281). Furthermore, Gibbs claims the massacre was provoked by the Bosniak victims: ‘The origin of the Srebrenica massacre lay in a series of Muslim attacks that began in the spring of 1995… Such actions invited Serb reprisals, and this dynamic contributed to the fall of the safe area’ (p. 160). As for Jovic’s claim that Gibbs ‘totally refuted’ my accusation of genocide denial: this is also untrue; Gibbs was completely unable to defend himself from the charge. Readers can view my refutation of him and see for themselves.
Jovic first tries to deny that Gibbs engages in genocide denial, then tries to justify Gibbs’s genocide denial. He argues that ‘in the academic community – not our own post-Yugoslav one, but more broadly – there is no consensus on whether in the wars in the former Yugoslavia genocide was committed or not.’ But none of the people he cites, in support of the view that there was no genocide, is an expert on the former Yugoslavia. Jovic then claims ‘courts have ruled that in Bosnia-Hercegovina there was no genocide (apart from in Srebrenica)’. But this is untrue: the ICTY has not ruled that there was no genocide in Bosnia-Hercegovina apart from in Srebrenica. Both Karadzic and Mladic are currently being tried for genocide in municipalities across Bosnia-Hercegovina – not only in Srebrenica. Karadzic’s acquittal by the ICTY Trials Chamber for one count of genocide (in municipalities outside of Srebrenica) was recently reversed by the ICTY Appeals Chamber. Furthermore, in 1997, a German court convicted Nikola Jorgic, a Bosnian Serb, for genocide in the north Bosnian region of Doboj in 1992, and this ruling was upheld by the European Court of Human Rights.
Finally, Jovic claims that genocide is something invented by warmongers to justify military intervention, whereas people who deny genocide are really just trying to protect peace:
‘”Genocide” and “Hitler” are always there when it is necessary to start a new war – they are the “idea” explanation of the reason why one more is being launched. The difference between Gibbs and Hoare is, therefore, that one thinks that the wars are not waged out of altruism and that they do not solve problems, whereas the other maintains that liberal interventions are necessary and important, and that there is nothing controversial in them even if they result in a large number of deaths. One is an advocate of peace, the other of war.’ The reality is somewhat different: both Jovic and Gibbs seek to minimise the guilt of the Serbian aggressor for the 1990s war, and to shift as much blame as possible onto the Croatian and Bosnian victims of the aggression. The agenda of people like Jovic and Gibbs is to ensure that the real warmongers – tyrants like Slobodan Milosevic and Bashar al-Assad – should be free to wage their wars without fear of Western military intervention, or even of serious condemnation from the Western media.
Following his review of Gibbs’s book in Politicka misao, Jovic has now for the second time, in his reply to me and to the Bosnian organisations who criticised him, praised this book in glowing terms, while refusing to make any substantial criticisms of it. Yet Gibbs’s book is a Great Serbian propaganda pamphlet of no scholarly value. Gibbs has no expertise on the subject of the former Yugoslavia; he does not even read Bosnian/Croatian/Serbian; and his arguments are based on the distortion and manipulation of source material. He minimises the guilt and crimes of the regimes of Milosevic and Karadzic and of the JNA; exaggerates the guilt and crimes of the Croatians and Bosnians; and seeks to blame the West for the break-up of Yugoslavia and war.
1) Gibbs writes ‘And we will see later in the chapter that the post-Yugoslav state of Croatia, which became independent in 1991, had important historical links with Pavelic’s puppet state.’ (p. 48).
Discussing World War II, Gibbs mentions Ustasha genocide and collaboration, as well as the collaboration of Bosnian Muslims and Albanians, but fails to mention the crimes or collaboration of the Chetniks, or of Serbia’s Nedic regime.
2) Gibbs claims Tudjman ‘recommended’ genocidal violence against the Jews (p. 67)
3) Gibbs claims Croatia and Slovenia were not experiencing any oppression at Serb hands prior to declaring independence, so had no legitimate grounds for seceding: ‘In fact, there was no serious evidence of Serb oppression in Slovenia or Croatia prior to the secessionist actions. The main reasons for seceding, as we saw in the previous chapter, were economic in nature. The JNA’s initial use of force in Slovenia was quite mild’ (p. 97). Thus, he disregards the Serbian economic sanctions against Slovenia; the JNA’s disarming of the Slovenian and Croatian territorial defence; the Serb rebellion in Croatia; the ‘Log Revolution’; the JNA’s intervention in support of the Serb rebels; and the massacre of Croatian policemen at Borovo Selo.
4) Gibbs blames the war in Croatia on the Croatian side: ‘The Croatian war had its origins with the nationalist forces that were unleashed during the election campaign of 1990, when Franjo Tudjman’s HDZ party came to power.’ (p. 87)
5) Gibbs claims Germany engineered Croatia’s independence and the war in 1991: ‘We will see that Germany began encouraging Croatian nationalists and preparing them for independence months before the war began. Based on this new information, I argue that German officials did not simply respond to the war; they helped initiate it.’ (p. 77)
And again: ‘Germany played a key role in encouraging Slovenia and Croatia to secede, and surreptitiously assured them of external support for the secession efforts. Once the republics actually seceded, the European Community (backed by the United States) condemned the JNA’s efforts to block secession.’ (p. 105)
Gibbs’s anti-German conspiracy theory – which Jovic particularly praises – is based on biased, unserious and manipulated sources; he does not have even a single piece of real evidence to demonstrate that Germany encouraged Croatia to secede from Yugoslavia. I have exposed Gibbs’s anti-German falsifications in detail.
6) Gibbs condemns the European Community for recognising Croatia’s independence in its republican borders, and its failure to recognise the independence of the Krajina Serbs: ‘The European Community took the view that Croatia and other republics could not be divided. In effect, this meant the following: Croatia had the right to secede from Yugoslavia but this same right would not be recognised for the Krajina Serbs, who wished to separate from Croatia. In the ensuing conflict in Krajina, the European Community supported the Croatian position and opposed that of the Serbs. At the Hague conference, Van den Broek, the Dutch foreign minister, affirmed that any changes in the republican borders “were not an option”. This anti-Serb bent was evident at many levels.’ (p. 96).
And again: ‘On the one hand, the Community accepted the right of Croatia to separate from Yugoslavia, or at least viewed such separation with leniency. On the other hand, the European Community condemned efforts by the Krajina Serbs to separate from Croatia. Why the double standard ?’ (p. 97)
7) Gibbs claims: ‘In addition, the Muslim/Croat alliance of 1990-1991 recreated a similar alliance that had existed during World War II, when the two groups were the main supporters of the pro-Nazi Ustasa state, and both participated in the massacres of the Serbs that occurred during this period.’ (p. 116)
8) Gibbs claims: ‘Operation Storm also generated a humanitarian disaster. The attack forced from 150,000 to 200,000 Serbs to flee, producing what was probably the largest single act of ethnic expulsion of the entire war.’ (p. 163)
9) Gibbs writes: ‘Another feature of the Balkan conflict was the tendency of the Western media needlessly to exaggerate the atrocities committed by Serb armies… Atrocities committed at Serb-run detention camps were presented in sensationalist fashion, for example, and they became “extermination camps” comparable to Auschwitz. President Izetbegovic himself encouraged these interpretations. Yet, in 2003, shortly before his death, Izetbegovic conceded that “there were no extermination camps” in Bosnia. He also conceded that his previous claims to the contrary had been deliberate misrepresentations, intended to outrage Western public opinion and thus trigger Western military intervention against the Serbs.’ (p. 216) In this way, Gibbs minimises the criminal nature of Serb concentration-camps like Omarska, Keraterm and Trnopolje.
10) Gibbs accuses the Bosnian armed forces of shelling their own civilians during the siege of Sarajevo, in order to blame it on the Serbs ‘: ‘In several cases, Bosnian forces themselves bombarded Sarajevo and blamed the resulting deaths on the Serbs.’ (p. 125)
Furthermore: ‘In should also be noted that the [Bosnian] government restricted the right of Sarajevo residents to flee the city, effectively blocking the exit for many besieged civilians. This policy increased the potential for casualties and fit in nicely with the government’s public relations strategy. In the world’s media, the deaths from shelling and sniper fire were blamed exclusively on Serb forces, but in reality the Bosnian government bore some responsibility as well.’ (p. 126)
11) Gibbs claims the Serbs legitimately owned most of Bosnia: ‘: ‘It is clear that Serb forces were on the offensive during much of the war, and they conquered large areas of Bosnia-Herzegovina. But the extent of Serb aggression was once again exaggerated. Newspaper articles repeatedly noted that Serbs controlled some 70 percent of Bosnia’s territory, despite the fact that they only constituted 31 percent of the total population… What such reports omitted was that Serbs had always occupied most of Bosnia’s land area, owing to their demographic dominance in rural regions.’ (p. 124)
12) Gibbs claims that it was the Muslims and Croats who caused the war to break out in Bosnia in 1992, whereas the Serbs wanted peace: ‘In March 1992, however, before full-scale war had begun, Serb leaders welcomed the Lisbon agreement and they endorsed it in the strongest terms. Radovan Karadzic, who represented the Serbs at Lisbon, called the agreement a “great day for Bosnia and Herzegovina.” And it should be recalled that it was the Muslims and the Croats, not the Serbs, who actually reneged. There is no evidence that the Serbs were bent on war at this point.’ (p. 111)
So, those are the theses of David Gibbs, which Jovic has now chosen to praise on two occasions. For Jovic to praise so highly Gibbs’s extreme anti-Croatian, anti-Bosnian and Great Serb propaganda tract is scandalous. Yet it is scarcely surprising, since in his own book about the break-up of Yugoslavia (Jugoslavija – država koja je odumrla: Uspon, kriza i pad Kardeljeve Jugoslavije (1974-1990), Prometej, Zagreb, 2003), Jovic already revealed that his sympathies in the 1990s were with Slobodan Milosevic and the JNA. Jovic praised Milosevic as a fighter for Yugoslav statehood and unity and defender of Tito’s legacy, regretted the failure of the JNA to crush Croatian rearmament in 1991, and absolved both Milosevic and the JNA as instigators of the war and perpetrators of the mass killing:
1) Comparing Slobodan Milosevic and Vaclav Havel:
Jovic, p. 56: ‘The direction of the protests against the regime, for example in Czechoslovakia and in Serbia, was totally different, so Havel and Milošević became antipodes in everything. While one led a liberal-democratic revolution against the state, the other led an anti-bureaucratic revolution against an anti-state ideology and anarchy, for the establishment of a state. ‘
2) Lamenting the JNA’s inability to halt Croatia’s rearmament
Jovic, p. 64: ‘The British reaction to separatism in Northern Ireland is a typical example of a liberal (minimal) state, which did not refrain from introducing a state of war and employing tanks in order to halt a civil war before it had begun. In contrast to this, in the state that was withering away, Socialist Yugoslavia, the Yugoslav People’s Army turned itself into a filmmaker recording the illegal import of weapons at the border (with Hungary) whose duty it was to protect from that sort of illegal activity.’
3) On Milosevic as a ‘Yugoslav nationalist’
Jovic, p. 65n: ‘In his first phase, Milosevic was probably a Yugoslav nationalist, but he never became a Serb nationalist, as many call him today. Never, indeed, did he want to form a Serb national state. His attachment to Yugoslavia, even to the point when Yugoslavia had become just a name and nothing more, was the main reason why he in the end lost popularity and the elections (2000).’
4) On the Chetniks as a ‘strong-pro-Yugoslav resistance movement’
Jovic, p. 141: ‘He who claims that Yugoslavia had to collapse in 1941 because of ethnic tension, should have to explain how it was possible that there arose, immediately following the occupation, two strong pro-Yugoslav resistance movements (Mihailovic’s and Tito’s).’
5) On Milosevic’s loyalty to Tito’s legacy
Jovic, p. 156: ‘In destroying the fourth Yugoslavia, Milosevic rejected Kardelj but not Tito.’
6) On Milosevic’s desire to bring about the ‘unity of Yugoslavia’
Jovic, p. 400: ‘His program now [in 1987], for the first time, seemed clear even to those at the lowest level of the social hierarchy, and he carried it out decisively: first the unity of the Serb Party, then unity of Serbia, then of the Yugoslav Party, then of Yugoslavia. That programme had four phases – Milosevic had now accomplished the first; at the third he would be halted, and at the fourth defeated.’
7) On Milosevic’s desire to restrain Serb nationalism
Jovic, p. 471: ‘Treating Milosevic and Kucan with a bit of benevolence, one could say that at least part of their motive could be explained by an attempt to retain power in order to prevent the “real nationalists” (those gathered around the New Review or people such as Vuk Draskovic was at the time) from coming to power in Slovenia and Serbia. As David Owen later said of Milosevic, they had to “ride the tiger of nationalism if they did not want the tiger to swallow them” (1995: 129). They appeared powerful, omnipotent, but in reality they were both afraid that the exit of the League of Communists from the political scene could bring about only worse nationalism. They accepted nationalism in order to prevent it.’
8) On the JNA’s ‘good intention’ to prevent ethnic conflict in Croatia
Jovic, p. 485: ‘When the Croatian government attempted to prevent the [Serb rebel] takeover, the Yugoslav People’s Army imposed itself between it and the Serbs, perhaps with the good intention of preventing direct ethnic conflict in Croatia.’
9) On Milosevic as ‘genuinely surprised’ by break up of Yugoslavia and war
Jovic, pp. 491-492: ‘The sources that were at the disposal of the author of this book do not give sufficient reason to support the conclusion that the members of the Yugoslav political elite in this period (including, thus, Slobodan Milosevic and Milan Kucan as well) intended to destroy Yugoslavia. Many of them, like most Yugoslavs, most analysts at home and abroad and the international political community as a whole, were genuinely surprised by the break-up, and still more by the war that broke out after that.’
10) On war in Yugoslavia as expression of state weakness and ‘private violence’
Jovic, pp. 492-493: ‘‘The violence that, in the ruins of Yugoslavia, in a stateless terrain, erupted in the ‘90s of last century had, indeed, the same cause as the collapse itself: it was the expression of a weak, ineffective state that was not in a position to suppress the private armies, private revenge, private “laws” and private violence. The wars that were waged in those ruins were to a large extent private revenge in which neighbours repaid some imaginary quid pro quo to their neighbours.’
Jovic is right about one thing: the criticisms being made against him are political, not academic in motivation. If Jovic were simply a scholar expressing his private opinion, it would not matter that his work rehabilitates Milosevic and the JNA. It would not matter that he praises a propaganda pamphlet with no academic value, that supports Croatia’s territorial dismemberment and denies the Srebrenica genocide. Jovic has the right, as a scholar, to express his views freely. But he is the Croatian president’s chief analyst and special coordinator. It is dangerous to both Croatia and Bosnia-Hercegovina for someone holding such views, and with such poor analytical judgement and grasp of reality, to occupy the position that he does.
Marko Attila Hoare
My review article ‘Slobodan Milosevic’s place in Serbian History’ was published in a special edition of European History Quarterly guest edited by Dejan Djokic, vol. 36, no. 3, July 2006, pp. 445-462. What follows is an extract from it.
The widespread portrayal of Milošević as promoter of Great Serb nationalism and instigator of the break-up of Yugoslavia has not gone unchallenged. In Yugoslavia – the state that withered away: The rise, crisis and fall of Kardelj’s Yugoslavia (1974-1990) [Jugoslavija - država koja je odumrla: Uspon, kriza i pad Kardeljeve Jugoslavije (1974-1990)], Dejan Jović attempts perhaps the most ambitious revisionist treatment of Milošević, arguing: “In his first phase, Milošević was probably a Yugoslav nationalist, but he never became a Serb nationalist, as many label him today” (p. 65n, emphasis in original). For Jović, the real villain who destroyed Yugoslavia was Edvard Kardelj (1910-1974), Tito’s right-hand man who successfully pushed for an increasingly decentralised Yugoslav state from the late 1960s on; Jović argues that from1966 and particularly from 1974, Yugoslavia was ‘the fourth (Kardelj’s) Yugoslavia’ (p. 16), which ‘withered away’ as the result of the deliberate intention of its creator, inspired by the socialist principle that the state should do just that. By contrast, Milošević sought to restore Yugoslavia to its former strength and unity, and therefore comes across as an initially relatively benign figure in Jović’s account, only turning to Serb nationalism reluctantly, under the pressure of events outside his control.
Taken simply as a study of the Serbian Communist elite in Titoist Yugoslavia, Jović’s study is illuminating and provides valuable new insights into key events up until 1990. But in attempting to reinterpret the history of the break-up of Yugoslavia, Jović ties himself in knots. By virtually ignoring the Yugoslav republics other than Serbia, except for Slovenia in the 1980s, and by abruptly ending his story in mid-1990 – a full year before the final collapse of Yugoslavia – Jović has adopted too narrow a focus for such an ambitious undertaking. Since, as Jović himself notes (pp. 145-146), Kardelj promoted the withering away of the republican as well as the Federal states, and since it was only the Federal state that eventually disappeared, it is difficult to see how this can be blamed on Kardelj’s constitutional model. Yet elsewhere, Kardelj is portrayed as promoting the statehood of the republics (p. 179), in which case Kardelj’s constitutional model cannot be ascribed to a socialist belief in the ‘withering away’ of the state.
Since Jović describes Kardelj as supporting the Serbian Communist aim of reducing the autonomy of Kosovo and Vojvodina, and Tito as preventing this (pp. 177, 261-262), it is difficult to accept Jović’s claim that the ‘fourth’ Yugoslavia was indeed Kardelj’s and not Tito’s; or that “in destroying the fourth Yugoslavia, Milošević rejected Kardelj but not Tito” (p. 156). Jović appears to want it both ways, arguing that Yugoslavia had ‘withered away’ by 1990, but also that Yugoslavia was destroyed by politicians in the late 1980s. But Milošević could not be guilty of “destroying the fourth Yugoslavia” if it had, according to Jović, already destroyed itself. Nor can Jović fairly accuse Tudjman’s Croatia of “separatism” (p. 63), since he also argues that, by the time Tudjman was elected in the spring of 1990, there was no Yugoslavia left to practise separatism from.
In portraying Serb and other nationalisms as the consequence, not the cause, of Yugoslavia’s break-up (pp. 57-58), Jović gets into further difficulties. For if Milošević was indeed a “Yugoslav nationalist”, and if, as Jović argues, the Yugoslav population was more supportive of the Yugoslav idea than were the Yugoslav elites (p. 42), it is unclear what the impetus was that shifted Milošević toward Serbian nationalism, as Jović describes (pp. 471-473). Jović’s theoretical model appears to be in constant rebellion against his facts: he quotes Borisav Jović’s diary to show that Milošević planned the expulsion of Slovenia and Croatia from Yugoslavia (pp. 482-483), saying that this decision “formally destroyed Yugoslavia” (pp. 482-483), yet subsequently concludes that “[t]he sources which were at the disposal of the author of this book do not give sufficient reason to support the conclusion that the members of the Yugoslav political elite in this period (including, thus, Slobodan Milošević and Milan Kučan), intended to destroy Yugoslavia” (p. 491). He goes on to say that many of these figures were “genuinely surprised by the collapse, and still more by the war that occurred after it” – he does not except Milošević (pp. 491-492).
This comes dangerously close to whitewashing the warmongers. Jović describes the JNA’s intervention in Croatia as motivated by the goal, “perhaps in good faith, of preventing direct ethnic conflict in Croatia” (p. 485), and the war as “the expression of a weak, ineffective state that was not in a condition to restrain the private armies, private revenge, private ‘laws’ and private force” (pp. 492-493). Yet it was not “private armies” but the JNA, under the direct and formal leadership of Milošević’s Serbia (and Montenegro), that destroyed the Croatian city of Vukovar and assaulted Bosnia in 1991-92. Jović’s thesis shows that attempting to shift the blame for the destruction of Yugoslavia away from Milošević and Serb nationalism creates far more theoretical problems than it solves.
Appendix: Key passages from Jovic’s book
Comparing Slobodan Milosevic and Vaclav Havel:
p. 56: ‘The direction of the protests against the regime, for example in Czechoslovakia and in Serbia, was totally different, so Havel and Milošević became antipodes in everything. While one led a liberal-democratic revolution against the state, the other led an anti-bureaucratic revolution against an anti-state ideology and anarchy, for the establishment of a state. ‘
Lamenting the JNA’s inability to halt Croatia’s rearmament:
p. 64: ‘The British reaction to separatism in Northern Ireland is a typical example of a liberal (minimal) state, which did not refrain from introducing a state of war and employing tanks in order to halt a civil war before it had begun. In contrast to this, in the state that was withering away, Socialist Yugoslavia, the Yugoslav People’s Army turned itself into a filmmaker recording the illegal import of weapons at the border (with Hungary) whose duty it was to protect from that sort of illegal activity.’
On Milosevic as a ‘Yugoslav nationalist’:
p. 65n: ‘In his first phase, Milosevic was probably a Yugoslav nationalist, but he never became a Serb nationalist, as many call him today. Never, indeed, did he want to form a Serb national state. His attachment to Yugoslavia, even to the point when Yugoslavia had become just a name and nothing more, was the main reason why he in the end lost popularity and the elections (2000).’
On the Chetniks as a ‘strong-pro-Yugoslav resistance movement’:
p. 141: ‘He who claims that Yugoslavia had to collapse in 1941 because of ethnic tension, should have to explain how it was possible that there arose, immediately following the occupation, two strong pro-Yugoslav resistance movements (Mihailovic’s and Tito’s).’
On Milosevic’s loyalty to Tito’s legacy
p. 156: ‘In destroying the fourth Yugoslavia, Milosevic rejected Kardelj but not Tito.’
On Milosevic’s desire to bring about the ‘unity of Yugoslavia’:
p. 400: ‘His program now [in 1987], for the first time, seemed clear even to those at the lowest level of the social hierarchy, and he carried it out decisively: first the unity of the Serb Party, then unity of Serbia, then of the Yugoslav Party, then of Yugoslavia. That programme had four phases – Milosevic had now accomplished the first; at the third he would be halted, and at the fourth defeated.’
On Milosevic’s desire to restrain Serb nationalism:
p. 471: ‘Treating Milosevic and Kucan with a bit of benevolence, one could say that at least part of their motive could be explained by an attempt to retain power in order to prevent the “real nationalists” (those gathered around the New Review or people such as Vuk Draskovic was at the time) from coming to power in Slovenia and Serbia. As David Owen later said of Milosevic, they had to “ride the tiger of nationalism if they did not want the tiger to swallow them” (1995: 129). They appeared powerful, omnipotent, but in reality they were both afraid that the exit of the League of Communists from the political scene could bring about only worse nationalism. They accepted nationalism in order to prevent it.’
On the JNA’s ‘good intention’ to prevent ethnic conflict in Croatia:
p. 485: ‘When the Croatian government attempted to prevent the [Serb rebel] takeover, the Yugoslav People’s Army imposed itself between it and the Serbs, perhaps with the good intention of preventing direct ethnic conflict in Croatia.’
On Milosevic as ‘genuinely surprised’ by break up of Yugoslavia and war:
pp. 491-492: ‘The sources that were at the disposal of the author of this book do not give sufficient reason to support the conclusion that the members of the Yugoslav political elite in this period (including, thus, Slobodan Milosevic and Milan Kucan as well) intended to destroy Yugoslavia. Many of them, like most Yugoslavs, most analysts at home and abroad and the international political community as a whole, were genuinely surprised by the break-up, and still more by the war that broke out after that.’
On the war in Yugoslavia as the expression of a ‘weak, ineffective state’ and ‘private violence’:
pp. 492-493: ‘‘The violence that, in the ruins of Yugoslavia, in a stateless terrain, erupted in the ‘90s of last century had, indeed, the same cause as the collapse itself: it was the expression of a weak, ineffective state that was not in a position to suppress the private armies, private revenge, private “laws” and private violence. The wars that were waged in those ruins were to a large extent private revenge in which neighbours repaid some imaginary quid pro quo to their neighbours.’
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.
I have long looked at Bulgaria as a successful example for Serbia to follow. The two countries have much in common; speaking closely related Slavic languages and sharing the Christian Orthodox religion, both nations were shaped by the experience of centuries of Ottoman rule. The Ottoman Empire wholly destroyed the medieval Serbian and Bulgarian states, so their modern successors had to be built from scratch as they were carved out of the decaying Empire during the nineteenth and twentieth centuries. The uncertainties, among the nationalists of both people, as to where their true national borders lay, were part of the reason for the confused strategies for expansion and consequent military catastrophes experienced by both.
Until the 1990s, one could have been forgiven for thinking that Serbia had been luckier in the outcome of its wars. Serbia and Bulgaria were on opposite sides in the Second Balkan War of 1913 and in the First and Second World Wars. Though it would be a gross oversimplification to say that Serbia had been victorious and Bulgaria defeated on the battlefield in these three wars, yet Serbia certainly ended up on the winning and Bulgaria on the losing side in all three of them. Bulgaria then suffered the misery of a Communist regime imposed by the Soviet Union – one of the most brutal in the Soviet bloc – while Serbia enjoyed the comparative liberalism and prosperity of Tito’s independent model of socialism, so that particularly from the 1960s, Serbia appeared to move far ahead of its eastern neighbour. I recall being told in Belgrade how, for visitors from Bulgaria and Romania, Serbia was the West.
For all that, Bulgaria achieved a victory in defeat. Definitely confined within its actual state borders after its final defeat in World War II, further expansionism was no longer an option. Serbia, on the other hand – its political and intellectual classes suffering from the illusion that its borders with its Yugoslav neighbours, by virtue of supposedly being ‘administrative’, were not set in stone – embarked upon a final, catastrophic expansionist adventure in the 1990s. Consequently, the repressive and impoverished Bulgaria of the 1980s joined NATO in 2004 and the EU in 2007, while the relatively prosperous and liberal Serbia of the 1980s became the new Balkan loser and outcast in the twenty-first century. Bulgaria has generally pursued a responsible foreign policy since the end of the Cold War, recognising the independence of Macedonia under its constitutional name of ‘Republic of Macedonia’ in 1992, recognising the independence of Kosovo in 2008, and avoiding anti-Western nationalist outbursts of the kind characteristic of Serbia and Greece. Bulgaria has contributed troops to the allied forces in both Iraq and Afghanistan.
However, Bulgaria’s record was not perfect; a trace of its former irredentist ambitions remained in its refusal to recognise the existence of a Macedonian nation or language. This has involved also the refusal to recognise the existence of the ethnic-Macedonian minority in Bulgaria and undemocratic restrictions on the minority’s freedom of expression: the ethnic-Macedonian party ‘OMO “Ilinden” – Pirin’ was ruled unconstitutional by the Bulgarian Constitutional Court in 2000. This, in turn, resulted in the censure of Bulgaria by the European Court of Human Rights, which ruled that the ban was in violation of the European Convention on Human Rights.
This caveat aside, the Bulgarian lesson for Serbia appeared clear: keep the country tightly confined within its own legal international borders and shut off all outlets for irredentist activity, and it will evolve into a responsible member of the international community. Unfortunately, membership of the EU, far from acting as a framework in which Bulgaria would continue to evolve harmonious relations with the rest of the Balkan region, has breathed new life into the weakened body of Great Bulgarian chauvinism. In December 2009, despite Bulgaria’s continued defiance of the European Court of Human Right’s refusal to permit the registration of OMO ‘Ilinden’-Pirin, the EU’s Committee of Ministers decided to end the monitoring of the execution of the 2005 ECHR judgement regarding the matter.
That month, Bulgarian prime minister Boyko Borisov of the Citizens for European Development in Bulgaria (GERB) held a joint news conference with his ally Volen Siderov, leader of the fascist party National Union of Attack (‘Ataka’) to announce a referendum on the abolition of Turkish-language news broadcasts on Bulgaria’s BNT1 public television channel, despite the fact that nearly 10% of Bulgaria’s population of nearly eight million is ethnic-Turkish and has a long experience of persecution in Bulgaria, particularly in the Communist era under Todor Zhivkov. Borisov was, however, forced to abandon the plan for a referendum in the face of international and domestic opposition, including from the Bulgarian president and parliamentary opposition.
Image: Bulgarian Prime Minister Boyko Borisov
Now, Great Bulgarian chauvinism has reappeared on the international stage: Bulgaria has abused its EU membership to veto, at a meeting on 11 December of the General Affairs Council of the EU, the setting of a date for the opening of talks with Macedonia on its EU accession – despite the fact that the European Commission and Enlargement Commissioner Stefan Fule recommended that, since Macedonia has met all the necessary criteria, it should be permitted to start accession negotiations. This was the fourth time that the start of accession negotiations with Macedonia has been vetoed – by Greece on each previous occasion.
Whereas in 2009, the then Bulgarian President Georgi Parvanov helped to block Borisov’s anti-Turkish referendum, on this occasion, current Bulgarian president Rosen Plevneliev – GERB’s candidate for the post – has joined Borisov to lead the nationalist assault. The veto was apparently coordinated with Greece – the country that has consistently obstructed Macedonia’s Euro-Atlantic integration and with which, back in 1912-1913, Bulgaria joined to dismember the historical region of Macedonia. It is as if Germany and Austria had banded together for nationalistic reasons to block Poland’s or the Czech Republic’s EU accession. Greece (population nearly 11 million) and Bulgaria (population over 7 million) are now openly collaborating against Macedonia (population 2 million) in a manner reminiscent of the collaboration of Serbia’s Slobodan Milosevic and Croatia’s Franjo Tudjman against Bosnia-Hercegovina during the 1990s.
Bulgaria’s new hostility to Macedonia focuses on its attempt to dictate to its smaller neighbour an official version of history that accords with the Bulgarian-nationalist viewpoint – including the way history is taught in schools and the way national anniversaries are celebrated. Thus, Plevneliev had proposed in October that Macedonia and Bulgaria celebrate certain historical anniversaries jointly, in order to stress the supposedly Bulgarian character of Macedonia and the Macedonians. Macedonian President Gjorge Ivanov rejected this, responding that Macedonia would only jointly celebrate anniversaries concerning the two states’ contemporary friendship: Europe Day; the date on which Bulgaria recognised Macedonia’s independence; and the date on which the two states established diplomatic relations.
The Bulgarian government is also attempting to curb freedom of expression in Macedonia. It has cited, as a reason for its veto, the production of a film in Macedonia, The Third Half, that highlights Bulgaria’s role in deporting the Macedonian Jews to their deaths in the Holocaust, at a time when the land that is today the Republic of Macedonia was under Bulgarian occupation. According to the website of Yad Vashem:
In February 1943 the Bulgarians signed a pact with Germany, in which they agreed to deport to the east 20,000 Jews from their territories. Since nowhere near 20,000 Jews lived in the newly annexed territories of Macedonia and Thrace combined, the Bulgarian authorities intended to include Jews from Bulgaria itself in the deportations. In March 1943 almost all of the Jews in Bulgarian-occupied Thrace (some 4,000) were arrested and surrendered to the Germans, who then deported them to their deaths at Treblinka. Another group of about 1,200 Thrace Jews was moved to Salonika and then sent to Auschwitz. At the same time, all of the Jews of Macedonia were rounded up by the Bulgarian authorities; all but 165 were deported to Treblinka. Some 200 Macedonian Jews survived the war, along with some 250 Jews from Thrace, who either joined the Partisans or hid with their Christian neighbors. Other Thrace Jews managed to escape to Italian-held territories during 1941–1942.
In his attack on Macedonia over the film The Third Half, Borisov whitewashed the Nazi-allied Bulgarian regime’s role in deporting the Macedonian Jews: ‘If we could save all Jews in the world, we would have, but we couldn’t and saved the 50,000. Other countries couldn’t do much and didn’t do much, maybe one two countries that saved 300-400 people. And Bulgaria deserves to see movies made against Bulgaria? Why? Because of its friendliness, its love, its openness … this is the same as accusing someone that there are thirsty people in Africa.’
Thus, Macedonia’s EU accession has been further obstructed because a film was made in Macedonia highlighting the role of the Bulgarian occupiers in deporting Macedonia’s Jews to their deaths in the Holocaust, and the Bulgarian government wishes to suppress the memory of Bulgaria’s participation in the Holocaust. The EU has enabled Bulgaria to do this, just as it has enabled the resuscitation of Great Bulgarian irredentism vis-a-vis Macedonia. As the film’s director Darko Mitrevski said, ‘To call “Third Half” anti-Bulgarian is analogous to calling “Schindlerˈs List” anti-German. My movie is anti-fascist. The fact there are EU parliamentarians who classify anti-fascism as “hate speech” is a European Parliament problem as well as a problem for the country they represent, not mine.’
The EU this year received the Nobel Peace Prize. It was already undeserved, but in light of the EU’s currently active role in undermining peace and stability in the Balkans, it is definitely time that this award be revoked.
‘The largest single ethnic-cleansing operation of the Yugoslav wars’ – such was the soundbite that was linked to Operation Storm (Operacija Oluja), from soon after the successful Croatian military operation was waged back in August 1995. That atrocities were carried out by Croatian soldiers and civilians during and after the operation has never credibly been disputed. But the attempt to paint Oluja as an ethnic-cleansing operation – indeed as an ethnic-cleansing operation larger in scale than the Serbian assaults on Croatia and Bosnia in 1991-1992 – has always been rightly contested. Yesterday’s acquittal by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) of Croatian commanders Ante Gotovina and Mladen Markac for crimes against Serb civilians between July and September 1995, above all during ‘Operation Storm’, leaves the victims without justice, but represents a defeat for long-running attempts in the West to redistribute guilt from the aggressors to the victims.
Had the ICTY’s prosecution simply sought to indict, prosecute and punish Croats guilty of atrocities against Serbs in the period July-September 1995, it would no doubt have been successful, and the victims would have received at least some justice. Unfortunately, the prosecution attempted something more: to write the historical record of the wars of Yugoslav succession, in a manner that reflected the predominant perception of Western policy-makers. This perception was that, whereas the Serb side was responsible for the largest proportion of the crimes and killing, there was ultimately no fundamental difference in the guilt and actions of each of the sides during the war; it was merely a quantitative difference. In her published memoirs, Carla del Ponte, the Chief Prosecutor of the ICTY at the time when the original indictment against Gotovina was issued, explicitly equalised the blame of Serbia’s Slobodan Milosevic and Croatia’s Franjo Tudjman as the two individuals primarily responsible for the war (Carla del Ponte and Chuck Sudetic, Madame Prosecutor: Confrontations with Humanity’s Worst War Criminals and the Culture of Impunity, Other Press, New York, 2008, pp. 37, 87, 125). Del Ponte was less of an equaliser than some others, and did at least insist on indicting some Serb perpetrators for genocide, in the face of resistance from other senior prosecution staff. But she also became inveigled in diplomatic and propaganda games with Serbian government ministers, who put her under pressure to prove that the Tribunal was not ‘anti-Serb’.
Consequently, the ICTY prosecutors pursued a policy of indictments that would result in judgements that would support their politics. As I have written before, these indictments thus disproportionately targeted Croatians, Bosnians and Kosovo Albanians; the forces of the Serb side were responsible for well over 80% of the killing of civilians during the whole of the wars of Yugoslav succession, but their officials made up only 68% of indictees. Only six officials of Serbia or the rump Yugoslavia, as opposed to Bosnian Serbs, were ever indicted for war-crimes in Bosnia. The top Yugoslav military commanders and presidency members who led the assaults on Croatia and Bosnia in 1991-1992 (Borisav Jovic, Branko Kostic, Veljko Kadijevic, Blagoje Adzic, Zivota Panic and others) were never indicted. Conversely, the ICTY prosecutors indicted such high-ranking and prominent Croatian and Bosnian officials as former Croatian Army chief of staff Janko Bobetko, Bosnia’s two most important military commanders Sefer Halilovic and Rasim Delic, and Bosnian commander in Srebrenica Naser Oric. When Alija Izetbegovic died in 2003, del Ponte indicated that he might have faced charges had he lived. Unfortunately for the prosecutors, however, the courts stubbornly refused to uphold the picture the prosecution sought to paint: Halilovic and Oric were acquitted, and Delic was sentenced to a mere three years in prison, after the prosecution had sought fifteen. Bobetko was already near death when he was indicted, and died before being extradited.
The sorry story of the Operation Storm indictments and trials should be seen against this background. In Operation Storm, the Croatians were not trying to conquer anyone else’s territory; they were engaged in a defensive operation to free their own territory from occupation by troops controlled by a foreign state (Serbia); troops that were engaged at the time in armed aggression against a neighbouring state (Bosnia) and threatening to carry out a further genocidal act against its population, following the genocidal massacre at Srebrenica a month before. As I have written, Operation Storm was a successful case of genocide prevention that saved the Muslim population in the Bihac enclave of north-west Bosnia from experiencing the fate of the people of Srebrenica. Yet for those seeking to equalise, as much as possible, the guilt of the sides in the former-Yugoslav war, Operation Storm had to be presented as a gratuitous act of ethnic-cleansing by Croat perpetrators against Serb victims – equivalent to the Serb crimes of 1991-1992.
The indictees, Gotovina, Markac and Ivan Cermak were accused of being part of a ‘Joint Criminal Enterprise’ (JCE) whose ‘common purpose’ was ‘the permanent removal of the Serb population from the Krajina region by force, fear or threat of force, persecution, forced displacement, transfer and deportation, appropriation and destruction of property or other means.’ This accusation therefore paralleled the prosecution’s accusations of a JCE levelled against the top Serbian leadership, whose goals were ‘the permanent removal of a majority of the Croat and other non-Serb population from a large part of the territory of the Republic of Croatia’ and ‘the forcible and permanent removal of the majority of non-Serbs, principally Bosnian Muslims and Bosnian Croats, from large areas of the Republic of Bosnia and Herzegovina’. But Operation Storm had not involved the acts previously associated with ethnic cleansing in the former Yugoslavia: the rounding up of civilians; their being made to sign away their property to the authorities; their imprisonment, torture and killing in concentration camps; their being bussed out of the area. Instead, at the time of Operation Storm, the Serb authorities themselves organised and ordered the evacuation of the Serb civilians in the face of the Croatian offensive; whatever their intentions, the Croatians never had the chance to organise their removal.
To attribute the exodus of Serb civilians to Croatian actions therefore required the prosecution to develop a new model of how ethnic cleansing occurs. The ICTY prosecutors therefore argued that the Croatians aimed and succeeded in bringing about the removal of the Serb population from the so-called Krajina by artillery bombardment. This was already a dubious proposition – towns in Bosnia had been shelled for years by Serb and Croat forces without their entire population fleeing overnight. The prosecution nevertheless argued – and the original ICTY Trial Chamber accepted – that the exodus of Serb civilians was caused by the bombardment, not by the orders given by the Krajina Serb authorities to evacuate. However, attributing the cause of the exodus to the bombardment was not enough to establish the existence of the JCE, in the absence of evidence that this had been the intent behind the bombardment. Since only the most ambiguous support could be found for the thesis in the statements of the Croatian leadership – above all, the minutes of the Brioni meeting of 31 July 1995 – the intent had to be deduced from the character of the Croatian artillery fire, and whether it appeared accurately to be directed at civilian targets. So the prosecution argued that the existence of a JCE could be deduced from the fact that the Croatian artillery had targeted civilian areas in the so-called Krajina, and that this bombardment succeeded in bringing about the exodus of the Serb population. But since the Croatian forces were engaged in a lawful military operation against enemy armed forces in control of those same civilian centres, the prosecution had to show that Croatian artillery fire was not simply a part of those operations. The existence of the JCE therefore stood or fell on an analysis of the accuracy of Croatian artillery fire. At The Hague on Friday, it fell like the house of cards it essentially was. Most of the judgement of the Appeals Chamber consists, somewhat surreally, of a lengthy analysis of Croatian artillery fire.
ICTY prosecutors have long demonstrated a confused understanding of the wars in the former Yugoslavia. Their indictments have tended to target ‘famous names’ and acts people in the West had heard of; hence the notorious Zeljko Raznatovic Arkan and Vojislav Seselj were indicted, instead of Serbian leaders less well known in the West, but whose responsibility for crimes was much greater. The accusation that the Croatian bombardment of Knin, the capital of the ‘Republic of Serb Krajina’, was a ‘war crime’ originated with the arch-appeaser Carl Bildt, who was the EU’s special envoy for the former Yugoslavia at the time of Operation Storm. It was made in the context of an EU strategy that opposed any military action against Serb forces – either on the part of the international community, or on the part of the Croatians and Bosnians – and that sought instead to achieve peace in the former Yugoslavia through collaboration with the regimes in Belgrade and Pale. Bildt’s loud condemnation, at the time, of the Croatian bombardment of Knin, and his suggestion that it was a war-crime for which Tudjman himself should be held responsible, may have stuck in the minds of ICTY investigators as they considered how to pick Croatians to indict. Yet Knin had suffered minimal damage and civilian casualties as a result of the bombardment, made in the course of a legitimate military operation to recapture the town. This was in stark contrast to Vukovar, which was wholly destroyed by Serbian forces in 1991, and for whose destruction nobody was indicted by the ICTY (though some were indicted for atrocities carried out against the patients at Vukovar Hospital after the town fell).
Seventeen years later, Bildt’s red herring regarding the bombardment of Knin has met its ignominious demise. Since the Appeals Chamber ruled that the existence of a JCE could not be deduced from the pattern of Croatian artillery fire, the central premise of the prosecution’s case was thrown out. And since Gotovina and Markac had been selected for indictment on the basis of this premise, the rest of the case against them collapsed with it: the Appeals Chamber ruled that they had either attempted to prevent crimes against Serb civilians and property, or had not had effective control of those Croatian forces that had committed them. Had the prosecutors not focused on a supposed JCE, but instead sought to indict Croatian perpetrators who could actually be definitely linked to actual killings, they would no doubt have succeeded.
The Appeals Chamber’s verdict has not exonerated the Croatian side of crimes carried out during and after Operation Storm; on the contrary, it explicitly refers to crimes against Serb civilians in its acquittal of Gotovina and Markac. These victims have not now received justice, and critics are right to point out that the ICTY has failed them. The failure should be attributed, however, to the prosecution’s flawed indictment, not to the decision of the Appeals Chamber.
Not all these critics have been ready to point out the converse: that long before this verdict, the ICTY had already failed the victims of Serbia’s aggression and ethnic cleansing against Croatia. Almost no official from Serbia, Montenegro or the Yugoslav People’s Army (JNA) has been prosecuted and seriously punished for crimes against Croatian citizens in 1991-1992. Of the three relatively minor JNA officers tried over the Vukovar Hospital massacre, one was acquitted (Miroslav Radic) and one freed after serving six and a half years in prison (Veselin Sljivancanin), while only the third received a lengthy punishment of 20 years (Mile Mrksic). Of those JNA officers or admirals indicted over the shelling of Dubrovnik, Miodrag Jokic received a seven-year sentence and was granted early release after three years; Pavle Strugar received seven and a half years and was released on compassionate grounds less than a year later; the indictment against Milan Zec was withdrawn; and Vladimir Kovacevic had his trial transferred to the Serbian courts. Yugoslav Army Chief of Staff Momcilo Perisic was sentenced to 27 years – not for his actions in Croatia in 1991-92, but in part for the rocket attack by the Krajina Serbs on Zagreb in May 1995. Otherwise, the ICTY’s punishment to date has spared Serbia and fallen on Croatia’s own ethnic-Serb citizens who collaborated in the aggression (Milan Babic and Milan Martic). No official of Serbia or the JNA has so far been convicted over the Serbian conquest and ethnic cleansing of the so-called Krajina in the first place – the crime that made Operation Storm necessary.
With the quashing of the Operation Storm sentences, the ICTY can be accurately said to have failed seriously to punish the officers on either side in the war between Serbia (including Montenegro and the JNA) and Croatia of 1990-1995. Whether, having failed to punish the Serbian officers who occupied Croatian territory, justice would have been better served had the ICTY at least succeeded in punishing some of the Croatian officers who defeated the occupation, is a moot point.
Review of Bato Tomasevic, Life and Death in the Balkans: A family saga in a century of conflict, Hurst and Company, London, 2008
The former Yugoslav lands have produced an extraordinarily rich body of autobiographical and eyewitness literature. So much so, that this has even somewhat squeezed out the academic literature. Rather too many readers seeking an introduction to the region have begun with Rebecca West’s dreadful, rambling travelogue Black Lamb and Grey Falcon. Rather too many English-language authors writing about Yugoslavia in World War II have relied too heavily on a small number of memoirs and diaries, so well worn from repeated use that they have virtually dissolved into general knowledge: in particular, the memoirs of Milovan Djilas and the war diaries of Vladimir Dedijer. Journalistic accounts still largely dominate the literature on the 1990s Bosnian war. For all that, memoirs can provide an accessible and vivid introduction to the region – provided they are taken with a pinch of salt. The English-language reader is, in fact, limited to the tip of the iceberg; the vast body of memoir literature available only in the former-Yugoslav languages comprises a goldmine for the historian.
Bato Tomasevich’s autobiography and family saga, Life and death in the Balkans, is rather special, in that the Montenegrin author was just old enough to remember the 1930s (his earliest memory is of the assassination of Yugoslavia’s King Aleksandar in 1934), fought and was wounded as a Partisan in World War II, was a relatively well-connected member of the Yugoslav establishment in the Communist era, played a minor, though not wholly negligible role in the drama of Yugoslavia’s break-up, and was an observer of the wars of the 1990s – all the way up to the NATO intervention in Kosovo in 1999. Tomasevic does not provide much in the way of grand analysis, or give the reader any greater insight into any of these episodes at the all-Yugoslav level. But in telling the story of a Montenegrin individual and his family, the author throws much light on the Montenegrin identity, relationship to Serbia and experience within Yugoslavia – particularly as regards the period up to 1945.
Nebojsa ‘Bato’ Tomasevic’s father Petar was raised on the heroic tales of his Montenegrin forebears’ battles with the Ottomans. A veteran of the First Balkan and First World Wars, he supported Montenegro’s union with Serbia in 1918. After that, fired by romantic Serb-nationalist ideals, he settled in newly reconquered Kosovo as a colonist, where he became a police officer. Despite this, Petar strove to build good relations with the local Albanians, even learning some Albanian and becoming blood-brother to an Albanian village headman. This policy was not well received by other members of Yugoslav officialdom in Kosovo, which sanctioned oppressive and discriminatory treatment of the Albanian population – which Bato describes.
Bato attributes his father’s exile from Kosovo to his friendly policy toward Albanians, as well as to his readiness to welcome into his home the relatives of a Communist killed by the Belgrade police. The book provides an insight into the nature of the early Communist movement; the Communists in interwar Yugoslavia were often the children of members of the national or local elite. Thus, the author recounts how his father, as a deputy police chief in the historic Montenegrin capital of Cetinje, where he had been relocated, confronted with his officers a Communist-led student demonstration, among whose leaders was his own daughter, the author’s older sister Stana: ‘The police were carrying truncheons, the students their schoolbags. When the two advancing columns met, Father raised his truncheon and struck his daughter. This was the signal for the rest of the police to lay into the students.’ (p. 116).
Nevertheless, as Bato tells the story, Petar and Stana ended up on the same side following the Axis occupation of Yugoslavia in April 1941 – of those who rejected collaboration with the occupier. A considerable portion of the book is devoted to Bato’s memoirs of World War II, providing the reader with an insight into the oft-neglected history of Axis-occupied Montenegro. Although Petar had been a supporter of Montenegro’s unification with Serbia in 1918, his opposition to collaboration marked him out from the Chetniks – the principal Serb-nationalist armed movement in occupied Yugoslavia. The author describes in some detail Chetnik collaboration with the occupiers: ‘In all parts of Montenegro, including Cetinje, units of Chetniks were formed as part of Draza Mihajlovic’s [sic] movement. These were armed by the Italians and sent to fight the Partisans.’ (p. 177)
Bato’s family supported the Partisans; his brother Dusko survived their legendary battle with the Germans at Drvar in May 1944, only to be subsequently killed by the Chetniks. Stana was a prominent Communist, and Bato describes how he joined the Partisans by accident, when he tried to visit her on Partisan territory and was wrongly assumed to have come to volunteer – a misunderstanding he was too embarrassed to correct. Bato nevertheless entered the movement enthusiastically, but his memoirs are far from whitewashing the Partisans’ record, and he describes their execution of the Communists’ political opponents, not to mention the atrocities of their Soviet allies. As he recalls one fellow Partisan telling him: ‘Russians are good comrades, and when it comes to fighting no worse than Montenegrins, but they’ll drink anything that’s not water. Groups of them wander around at night and go into houses, especially out-of-the-way farms, looking for wine and brandy, and raping any woman in sight. Nothing is sacred to them. They don’t seem to care we’re allies. The peasants have started keeping guard and shooting any Russians that try to enter their houses. You can imagine what problems this causes !’ (pp. 341-342)
Even under the post-war Communist regime, the ties of kinship and locality counted for much. Bato recalls how he secured a coveted place to study English at the Philosophy Faculty in Belgrade, solely because he bumped into an old Montenegrin friend who worked as a clerk at that institution, and who pushed his application to the top of the pile. Bato eventually secured an enviable job in the Yugoslav diplomatic service in the UK. His standing with the regime benefited from the fact that his sister Stana was a high-ranking functionary upon whom Tito himself looked favourably. He claims Stana was made Ambassador to Norway on Tito’s personal initiative, and that when she created a stir by marrying a Norwegian man, Tito invited the couple to be his personal guests at his Adriatic retreat at Brioni, thereby ensuring her status and career did not suffer.
Bato himself, however, was not so influential that he could get away with marrying a foreigner; his marriage to an Englishwoman called Madge Phillips resulted in the swift termination of his diplomatic career. But he remained a well connected individual in the Communist regime, which ensured that he continued to play a significant role in Yugoslav affairs. Thanks both to his connections and standing and to sheer luck, he came into personal contact with various interesting historical figures, and not just Yugoslavs. They included the Albanian Communist leader Enver Hoxha, British envoy to Tito’s headquarters Fitzroy Maclean, former Yugoslav Crown Prince Djordje Karadjordjevic and British Labour politicians Denis Healey and Hugh Gaitskell. He was a passenger on the plane that crashed at Munich in February 1958, carrying home Bobby Charlton and other members of the Manchester United football team following a European Cup match in Belgrade. But perhaps the most curious personal encounter of the book was Bato’s witnessing of the death by suicide of Milan Nedic, the former leader of the Serbian Nazi-puppet regime.
In the final section of the book, Bato recounts his experiences during the break-up of Yugoslavia and Wars of Yugoslav Succession. Following the publication of sections of the Memorandum of the Serbian Academy of Sciences and Arts in September 1986, he recalls the heated arguments he would have with old Serbian friends: ‘Instead of a modern Yugoslavia, many of them now wanted a Greater Serbia.’ (p. 452) He is forthright in describing the role of the Serbian regime of Slobodan Milosevic in destroying Yugoslavia and promoting Serbian nationalistic hatred, though he has harsh words too for the Croatian regime of Franjo Tudjman. Appointed in 1990 director of the Federal TV station Yutel at the initiative of Yugoslav Prime Minister Ante Markovic, Bato attempted to promote Markovic’s vision of a united Yugoslavia, but was ultimately forced to flee Belgrade to escape prosecution by the Milosevic regime: ‘Serbian nationalists, it seemed, wanted to get rid of all those who in any way, however slight, obstructed the creation of their “Greater Serbia”.’ (p. 468)
Bato’s judgement on the War of Yugoslav Succession was that ‘The Partisans had now withdrawn before the onslaught of nationalism, and the resurrected Chetniks and Ustashas wanted to renew the war and, if possible, win the battles they had lost when fighting on the side of Hitler. They thought it was still not too late to achieve their goals of a greater Serbia and greater Croatia by means of violence and plunder, ethnic cleansing and concentration camps.’ (p. 483). He has no hesitation in identifying the policy waged by the Serb and Croat forces against the Bosnian Muslims as one of ‘genocide’ (p. 486).
Bato Tomasevic was raised on stories of his family’s and country’s battles with the Turks; his father was a Serb nationalist. Yet his family’s story, as he tells it, is one in which the politics of national chauvinism are consistently rejected: from the anti-Albanian racism of the interwar Yugoslav administration, through the Chetnik movement of World War II, up to the Memorandum of SANU, the regimes of Milosevic and Tudjman and the genocide of the Bosniaks. When so many choose to obfuscate the Yugoslav story, having it presented so straightforwardly by an eyewitness from such a background is a breath of fresh air.
The 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.
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