David Harland, Executive Director of the Center for Humanitarian Dialogue and head of UN Civil Affairs in Bosnia-Hercegovina in 1993-1995, recently published, in the New York Times, a polemic against the International Criminal Tribunal for the former Yugoslavia (ICTY). Responding to the recent acquittals of Croatia’s Ante Gotovina and Mladen Markac and Kosovo’s Ramush Haradinaj, he accused the Tribunal of ‘selective justice’ on the grounds that it has essentially only convicted Serb perpetrators, acquitted non-Serb perpetrators and failed to punish crimes against Serbs. This is, of course, the claim that hardline Serb nationalists and supporters of Slobodan Milosevic have been making for about the last two decades. Instead of carrying out any research into the actual record of the ICTY in order to support his thesis, Harland simply repeats a string of cliches of the kind that frequently appear in anti-Hague diatribes by Serb nationalists.
1) Harland writes: ‘More Serbs were displaced — ethnically cleansed — by the wars in the Balkans than any other community. And more Serbs remain ethnically displaced to this day.’
Harland doesn’t provide any statistical evidence to support this claim, but he appears to be conflating being ‘displaced’ with being ‘ethnically cleansed’, and to count all Serbs displaced by all the wars in Croatia, Bosnia and Kosovo as having been ‘ethnically cleansed’ – as opposed to being evacuated by the Serb authorities themselves, for example, or fleeing Sarajevo to escape the siege. The Appeals Chamber of the ICTY, in acquitting Gotovina, Markac and Haradinaj, rejected the prosecution’s claims that a Joint Criminal Enterprise (JCE) existed, on the part of either the Croatian or the Kosovar Albanian perpetrators, to bring about the removal of the Serb population from either ‘Krajina’ or Kosovo. Harland has not attempted to address the Appeal Chamber’s conclusions. He has simply re-stated a falsehood after two panels of judges carefully explained why the claims on which it was based are false.
2) Harland writes ‘Almost no one has been held to account [for these crimes against Serbs], and it appears that no one will be… Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics.’
It is untrue that nobody has been convicted by the ICTY for crimes against Serbs, or that no non-Serbs have been convicted. Bosniaks, Croats and Albanians convicted of crimes against Serbs include Rasim Delic, the top Bosnian army commander in 1993-1995; Enver Hadzihasanovic, former commander of the Bosnian army’s 3rd Corps; Amir Kubura, former commander of the 7th Muslim Mountain Brigade; Zdravko Mucic, Hazim Delic and Esad Landzo, former commanders and guard for the Celebici prison-camp; and Kosova Liberation Army camp guard Haradin Bala. Former Croatian Army major-general Mirko Norac was indicted by the ICTY for crimes against Serb civilians in the Medak Pocket in September 1993; his case was transferred to the Zagreb District Court, which convicted him.
3) Harland writes: ‘Altogether, almost all of the West’s friends have been acquitted; almost all of the Serbs have been found guilty.’
Harland appears here to be following the example of the extreme Serb nationalists who divide all former Yugoslavs into ‘Serbs’ on the one hand and ‘friends of the West’ on the other, and who claim that the ICTY ‘persecutes’ Serbs because they are independent of the West. Yet two of the most senior Serb officials to be convicted by the ICTY, former Republika Srpska president Biljana Plavsic and former Yugoslav Army chief of staff Momcilo Perisic, had pursued friendly relations with the West in the second half of the 1990s. On the other hand, being unfriendly to the West is scarcely something of which other prominent Serb indictees can be accused, since Western and Serb officials spent the best part of the 1990s collaborating with one another.
Ratko Mladic and Britain’s Michael Rose
Slobodan Milosevic and the US’s Richard Holbrooke
Ratko Mladic and the Netherlands’ Thom Karremans
Milosevic and Holbrooke again
4) Harland writes: ‘Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics. The Croatian leaders connived in the carve-up of Yugoslavia, and contributed mightily to the horrors on Bosnia and Herzegovina. I witnessed for myself the indiscriminate fury of the Croatian assault on the beautiful city of Mostar.’
Harland either does not know, or chooses not to mention, that the ICTY is currently prosecuting a group of prominent Bosnian Croat perpetrators for crimes carried out in Bosnia: Milivoj Petkovic, Jadranko Prlic, Slobodan Praljak, Bruno Stojic, Valentic Coric and Berislav Pusic. They are specifically being tried over the Croatian attack on Mostar. The ICTY has already convicted a large number of Croat perpetrators, including Dario Kordic, wartime leader of the Croatian Democratic Union in Bosnia and vice-president of the Croat Community of Herceg-Bosna, and Tihomir Blaskic, former commander of the (Bosnian) Croat Council of Defence (hence equal in rank to the Bosnian Serbs’ Ratko Mladic) and inspector in the General Inspectorate of the Croatian Army. NB Blaskic spent longer in prison than any Yugoslav army officer sentenced over the 1991-1992 Croatian war, except Mile Mrksic.
5) Harland continues: ‘The Bosnian Muslim leadership had deeply compromising links to the international jihahist movement, and hosted at least three people who went on to play key roles in the 9/11 attacks on the United States. I witnessed attacks by foreign mujahedeen elements against Croat civilians in the Lasva Valley.’
The accusation regarding the Bosnian government’s supposed links to the international jihadist movement and 9/11 attackers is sheer Islamophobic defamation. As regards the mujahedin, Harland either does not know, or chooses not to mention, that Rasim Delic, commander of the Bosnian army from June 1993 until the end of the war, was convicted by the ICTY over crimes carried out by the mujahedin against Serb civilians. On the other hand, the ICTY Appeals Chamber found in the case of Bosnian army 3rd Corps commander Enver Hadzihasanovic that he could not be held culpable for the crimes of the mujahedin, since ‘the relationship between the El Mujahedin detachment and the 3rd Corps was not one of subordination. It was quite close to overt hostility since the only way to control the El Mujahedin detachment was to attack them as if they were a distinct enemy force.’
As with the Croatian attack on Mostar, so with the Bosnian government and the mujahedin, Harland’s portrayal of the ICTY as simply having ignored the crimes in question reflects either an extraordinary degree of ignorance regarding the ICTY’s record, or is deliberately deceptive of his readers.
6) Harland continues: ‘And the Kosovar Albanian authorities deserve a special mention, having taken ethnic cleansing to its most extreme form — ridding themselves almost entirely of the Serb and Roma populations. Kosovo’s ancient Christian Orthodox monasteries are now almost the only reminder of a once-flourishing non-Albanian population… Haradinaj has been cleared of the charges brought against him, but the fact remains that hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians.’
Again, Harland does not attempt to address the ICTY judges’ refutation of the claim that Kosovar Albanians had engaged in a ‘Joint Criminal Enterprise’ to remove the Serb and other non-Albanian population from Kosovo. His claims that the Kosovar Albanian authorities have succeeded in ‘ridding themselves almost entirely of the Serb and Roma populations’ and that ‘hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians’ are further falsehoods: of the roughly 200,000 Serbs living in Kosovo before 1999, roughly half are still there.
7) Harland concludes: ‘What has happened at the tribunal is far from justice, and will be interpreted by observers in the Balkans and beyond as the continuation of war by legal means — with the United States, Germany and other Western powers on one side, and the Serbs on the other.’
To which one can reply: only by anti-Western Serb-nationalist politicians and ideologues and their fellow travellers.
Perhaps the most disgraceful statement in Harland’s tissue of falsehoods is his claim that ‘I lived through the siege of Sarajevo.’ In fact, as the UN’s head of Civil Affairs in Bosnia from June 1993 until the end of the war, Harland was scarcely a victim of the siege. Following the Markale massacre in Sarajevo of 28 August 1995, when Serb shelling killed 37 civilians, Harland engendered the myth that the Bosnians themselves might have been responsible; as he testified, ‘I advised [UN commander] General Smith on that one occasion to be a little unclear about what we knew about the point of origin of the mortar shell that landed on the Markale market-place in order to give us time, give UNPROFOR time, to get UNPROFOR and UN people off Serb territory so they couldn’t be harmed or captured when General Smith turned the key to authorise air-strikes against the Serbs. That is true. That was less than fully honest.’
Indeed, the UN in Bosnia collaborated with the Serb besiegers of Sarajevo and helped to maintain the siege. It obstructed any possibility of outside military intervention to halt the genocide. It maintained an arms embargo that prevented the victims of the genocide from defending themselves properly. It was complicit in the murder of Bosnian deputy prime-minister Hakija Turajlic by Serb forces in January 1993. It abandoned the ‘safe areas’ of Srebrenica and Zepa to Mladic’s genocidal operations. Romeo Dallaire said of the UN, ‘Ultimately, led by the United States, France and the United Kingdom, this world body aided and abetted genocide in Rwanda. No amount of its cash and aid will ever wash its hands clean of Rwandan blood.’ The same could be said of the UN with regard to Bosnia and Bosnian blood. Yet no former UN or other international official has been prosecuted by the ICTY or any other court for complicity in genocide or war-crimes. That is a real scandal of selective justice about which Harland has nothing to say.
This is a guest post by Amila Jasarevic of Amila Bosnae
On the morning of 26 May 2011, the Serbian Security Intelligence Agency arrested General Ratko Mladić. When the news first broke, it said that a man believed to be Mladić had been arrested, and that the authorities were verifying his identity. Nobody really believed it, until the President of Serbia, Boris Tadić, confirmed in a press conference that the arrested man was indeed Mladić.
My news feed on Facebook literally exploded with the news. Articles from the world press were being passed around, the news spreading like a multilingual wildfire. Europe’s Most Wanted criminal finally arrested, after 16 years on the run.
But how much “on the run” was he, really? And why on that day ? What is so different today from the previous sixteen years?
Ratko Mladić was the Chief of Staff in the army of the self-proclaimed Republika Srpska on the territory of Bosnia-Herzegovina. He was first indicted with war crimes on 24 July 1995, roughly ten days after occupying the east Bosnian town of Srebrenica and giving orders for the worst massacre in Europe since the Second World War. More than 8,000 civilians, mostly men and boys, were executed under his orders. Before that, he had been in charge of the siege of Sarajevo, the longest siege in recorded history. The siege was merciless and inhumane, and more than 10,000 Sarajevans lost their lives.
Yet, up until 2001, Mladić was living and moving freely in Serbia. He was seen at football matches and dining in fashionable restaurants. He was even drawing an army pension from Belgrade until the end of 2005. More than once the media reported how “special forces” were on his track, but nothing ever happened. That’s why it was so hard to believe the news when it happened.
Shortly after the news of Mladić’s arrest went viral, I saw a status update on Facebook saying that just like Croatia paid for its EU candidature with Gotovina (which also happens to mean “cash”), Serbia is paying with Mladić. Ante Gotovina was a Lieutenant General in the Croatian army, who was extradited to the Hague in 2005. Last month he was sentenced by the International Criminal Tribunal for the former Yugoslavia to 24 years in prison for war crimes.
The witty status update is not to be dismissed as merely a conspiracy theory. The notion that the move is motivated by political interests isn’t that far-fetched. Because what is exactly different now than in the previous sixteen years? Has the EU put a stop to any more concessions to Serbia? Is it a coincidence that the arrest came as EU High Representative for Foreign Affairs and Security Policy Catherine Ashton was in Belgrade to confer with top Serbian officials on their country’s road to the EU? Is it a coincidence it came just a couple of weeks before Chief Hague Prosecutor Serge Brammertz is to address the UN Security Council on Serbia’s cooperation with the court?
Member of the Bosnian collective Presidency, Željko Komšić, said to the news portal Sarajevo-X.com that today’s arrest is proof that the Serbian authorities have always known Mladić’s whereabouts, and that he is simply being traded in for a closer relationship with the EU.
I spoke with Hazim Rizvanović, 41, a survivor of Mladić’s attack on Srebrenica. At the time he was active in the defence of the city. He told me how Colonel Karremans, head of the UN force that was supposed to protect Srebrenica, on 10 July 1995 – the eve of the massacre – told the Bosnian defence not to advance on Mladić’s troops, because international forces were going to air bomb their tanks. The next day, he says, a few bombs were dropped on a little brook well off from any tanks, and Mladić simply marched into town.
When he heard about the arrest, Rizvanović didn’t know whether to believe the report or not, as there have been so many political games involving Mladić and his arrest. “My opinion as an ordinary man is that they’ve always known where he was, all the intelligence agencies. This was just a matter of waiting it out to exchange him for the best possible deal with the EU. Time will tell what they ended up getting for him,” he told me over the phone from Denmark, where he has been residing since 2000. “I don’t expect anything from the court in the Hague, certainly not any new details on who else had their hands in the genocide in Srebrenica or who stopped the defence of the enclave. I haven’t had any expectations since the courts kept records away from the public in the case Bosnia-Herzegovina vs. Serbia, resulting in Bosnia losing the case.”
Marko Attila Hoare, 38, author of three books about Bosnia and long-time observer and commentator on the situation in the Balkans, points out that we don’t know when the planing of today’s operation began and how long the Serbian authorities have known where Mladić was hiding. However, he too wonders why the arrest came when it did. “As I see it”, he wrote to me, “the Serbian establishment has long been divided between those who wanted to see him (Mladić) arrested – particularly among liberal politicians and intellectuals – because they want Serbia to join the EU, and those elements in the army and security services who have protected him, supported by the nationalists. So, the arrest suggests to me that there has been a subtle shift in the balance of forces, in favour of the liberal elements.”
When I asked him what he expected would happen in Serbia and Bosnia in the days that followed, he said “Nothing much… Most ordinary citizens don’t care about Mladić, and aren’t going to protest… There may be the usual protests by the minority of hard-liners, led by the Radicals and other such far-right elements, but this will have no effect on politics. As for Bosnia, nothing will change either; Dodik [President of Republika Srpska] will continue his long-term secessionist drive.”
It is a sad outlook that nothing will change, but probably a realistic one. Many years have passed since Mladić ordered massacres wherever he went, and those years have left a trail of disillusionment.
Sarah Correia, 36, a researcher in Political Science, is currently studying the memory of war in Bosnia and what it tells about the political situation in the country. On the morning of Mladić’s arrest, she went to a commemoration at the concentration camp Trnopolje in the north-west of Bosnia, set up for the non-Serb population. The region has been all but completely ethnically cleansed of non-Serbs. “There I could see in people’s faces the pain,” Correia writes. After returning to the near-by town of Kozarac, she heard the news. “Tears in everyone’s eyes, not so much of joy, but of surprise… a feeling of disbelief, that a moment in which nobody believed had come at last,” she says about that moment. But after the initial disbelief and joy, people just went back to going about their business, like nothing had happened. What could they expect? The very camp they visited this morning is now a school, just like it was before it was used to imprison and murder civilians. There is a monument in front of it, Sarah told me, but it’s not to the victims – it’s for some Serb soldiers who had fallen somewhere else. Memory of war is not just personal, it is a commodity fought over, manipulated and used on the political scene.
Not unlike war criminals, probably.
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