David Harland, Executive Director of the Center for Humanitarian Dialogue and head of UN Civil Affairs in Bosnia-Hercegovina in 1993-1995, recently published, in the New York Times, a polemic against the International Criminal Tribunal for the former Yugoslavia (ICTY). Responding to the recent acquittals of Croatia’s Ante Gotovina and Mladen Markac and Kosovo’s Ramush Haradinaj, he accused the Tribunal of ‘selective justice’ on the grounds that it has essentially only convicted Serb perpetrators, acquitted non-Serb perpetrators and failed to punish crimes against Serbs. This is, of course, the claim that hardline Serb nationalists and supporters of Slobodan Milosevic have been making for about the last two decades. Instead of carrying out any research into the actual record of the ICTY in order to support his thesis, Harland simply repeats a string of cliches of the kind that frequently appear in anti-Hague diatribes by Serb nationalists.
1) Harland writes: ‘More Serbs were displaced — ethnically cleansed — by the wars in the Balkans than any other community. And more Serbs remain ethnically displaced to this day.’
Harland doesn’t provide any statistical evidence to support this claim, but he appears to be conflating being ‘displaced’ with being ‘ethnically cleansed’, and to count all Serbs displaced by all the wars in Croatia, Bosnia and Kosovo as having been ‘ethnically cleansed’ – as opposed to being evacuated by the Serb authorities themselves, for example, or fleeing Sarajevo to escape the siege. The Appeals Chamber of the ICTY, in acquitting Gotovina, Markac and Haradinaj, rejected the prosecution’s claims that a Joint Criminal Enterprise (JCE) existed, on the part of either the Croatian or the Kosovar Albanian perpetrators, to bring about the removal of the Serb population from either ‘Krajina’ or Kosovo. Harland has not attempted to address the Appeal Chamber’s conclusions. He has simply re-stated a falsehood after two panels of judges carefully explained why the claims on which it was based are false.
2) Harland writes ‘Almost no one has been held to account [for these crimes against Serbs], and it appears that no one will be… Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics.’
It is untrue that nobody has been convicted by the ICTY for crimes against Serbs, or that no non-Serbs have been convicted. Bosniaks, Croats and Albanians convicted of crimes against Serbs include Rasim Delic, the top Bosnian army commander in 1993-1995; Enver Hadzihasanovic, former commander of the Bosnian army’s 3rd Corps; Amir Kubura, former commander of the 7th Muslim Mountain Brigade; Zdravko Mucic, Hazim Delic and Esad Landzo, former commanders and guard for the Celebici prison-camp; and Kosova Liberation Army camp guard Haradin Bala. Former Croatian Army major-general Mirko Norac was indicted by the ICTY for crimes against Serb civilians in the Medak Pocket in September 1993; his case was transferred to the Zagreb District Court, which convicted him.
3) Harland writes: ‘Altogether, almost all of the West’s friends have been acquitted; almost all of the Serbs have been found guilty.’
Harland appears here to be following the example of the extreme Serb nationalists who divide all former Yugoslavs into ‘Serbs’ on the one hand and ‘friends of the West’ on the other, and who claim that the ICTY ‘persecutes’ Serbs because they are independent of the West. Yet two of the most senior Serb officials to be convicted by the ICTY, former Republika Srpska president Biljana Plavsic and former Yugoslav Army chief of staff Momcilo Perisic, had pursued friendly relations with the West in the second half of the 1990s. On the other hand, being unfriendly to the West is scarcely something of which other prominent Serb indictees can be accused, since Western and Serb officials spent the best part of the 1990s collaborating with one another.
Ratko Mladic and Britain’s Michael Rose
Slobodan Milosevic and the US’s Richard Holbrooke
Ratko Mladic and the Netherlands’ Thom Karremans
Milosevic and Holbrooke again
4) Harland writes: ‘Convicting only Serbs simply doesn’t make sense in terms of justice, in terms of reality, or in terms of politics. The Croatian leaders connived in the carve-up of Yugoslavia, and contributed mightily to the horrors on Bosnia and Herzegovina. I witnessed for myself the indiscriminate fury of the Croatian assault on the beautiful city of Mostar.’
Harland either does not know, or chooses not to mention, that the ICTY is currently prosecuting a group of prominent Bosnian Croat perpetrators for crimes carried out in Bosnia: Milivoj Petkovic, Jadranko Prlic, Slobodan Praljak, Bruno Stojic, Valentic Coric and Berislav Pusic. They are specifically being tried over the Croatian attack on Mostar. The ICTY has already convicted a large number of Croat perpetrators, including Dario Kordic, wartime leader of the Croatian Democratic Union in Bosnia and vice-president of the Croat Community of Herceg-Bosna, and Tihomir Blaskic, former commander of the (Bosnian) Croat Council of Defence (hence equal in rank to the Bosnian Serbs’ Ratko Mladic) and inspector in the General Inspectorate of the Croatian Army. NB Blaskic spent longer in prison than any Yugoslav army officer sentenced over the 1991-1992 Croatian war, except Mile Mrksic.
5) Harland continues: ‘The Bosnian Muslim leadership had deeply compromising links to the international jihahist movement, and hosted at least three people who went on to play key roles in the 9/11 attacks on the United States. I witnessed attacks by foreign mujahedeen elements against Croat civilians in the Lasva Valley.’
The accusation regarding the Bosnian government’s supposed links to the international jihadist movement and 9/11 attackers is sheer Islamophobic defamation. As regards the mujahedin, Harland either does not know, or chooses not to mention, that Rasim Delic, commander of the Bosnian army from June 1993 until the end of the war, was convicted by the ICTY over crimes carried out by the mujahedin against Serb civilians. On the other hand, the ICTY Appeals Chamber found in the case of Bosnian army 3rd Corps commander Enver Hadzihasanovic that he could not be held culpable for the crimes of the mujahedin, since ‘the relationship between the El Mujahedin detachment and the 3rd Corps was not one of subordination. It was quite close to overt hostility since the only way to control the El Mujahedin detachment was to attack them as if they were a distinct enemy force.’
As with the Croatian attack on Mostar, so with the Bosnian government and the mujahedin, Harland’s portrayal of the ICTY as simply having ignored the crimes in question reflects either an extraordinary degree of ignorance regarding the ICTY’s record, or is deliberately deceptive of his readers.
6) Harland continues: ‘And the Kosovar Albanian authorities deserve a special mention, having taken ethnic cleansing to its most extreme form — ridding themselves almost entirely of the Serb and Roma populations. Kosovo’s ancient Christian Orthodox monasteries are now almost the only reminder of a once-flourishing non-Albanian population… Haradinaj has been cleared of the charges brought against him, but the fact remains that hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians.’
Again, Harland does not attempt to address the ICTY judges’ refutation of the claim that Kosovar Albanians had engaged in a ‘Joint Criminal Enterprise’ to remove the Serb and other non-Albanian population from Kosovo. His claims that the Kosovar Albanian authorities have succeeded in ‘ridding themselves almost entirely of the Serb and Roma populations’ and that ‘hundreds of thousands of Serbs — mostly the elderly, women and children — were ethnically cleansed from Kosovo by the Kosovar Albanians’ are further falsehoods: of the roughly 200,000 Serbs living in Kosovo before 1999, roughly half are still there.
7) Harland concludes: ‘What has happened at the tribunal is far from justice, and will be interpreted by observers in the Balkans and beyond as the continuation of war by legal means — with the United States, Germany and other Western powers on one side, and the Serbs on the other.’
To which one can reply: only by anti-Western Serb-nationalist politicians and ideologues and their fellow travellers.
Perhaps the most disgraceful statement in Harland’s tissue of falsehoods is his claim that ‘I lived through the siege of Sarajevo.’ In fact, as the UN’s head of Civil Affairs in Bosnia from June 1993 until the end of the war, Harland was scarcely a victim of the siege. Following the Markale massacre in Sarajevo of 28 August 1995, when Serb shelling killed 37 civilians, Harland engendered the myth that the Bosnians themselves might have been responsible; as he testified, ‘I advised [UN commander] General Smith on that one occasion to be a little unclear about what we knew about the point of origin of the mortar shell that landed on the Markale market-place in order to give us time, give UNPROFOR time, to get UNPROFOR and UN people off Serb territory so they couldn’t be harmed or captured when General Smith turned the key to authorise air-strikes against the Serbs. That is true. That was less than fully honest.’
Indeed, the UN in Bosnia collaborated with the Serb besiegers of Sarajevo and helped to maintain the siege. It obstructed any possibility of outside military intervention to halt the genocide. It maintained an arms embargo that prevented the victims of the genocide from defending themselves properly. It was complicit in the murder of Bosnian deputy prime-minister Hakija Turajlic by Serb forces in January 1993. It abandoned the ‘safe areas’ of Srebrenica and Zepa to Mladic’s genocidal operations. Romeo Dallaire said of the UN, ‘Ultimately, led by the United States, France and the United Kingdom, this world body aided and abetted genocide in Rwanda. No amount of its cash and aid will ever wash its hands clean of Rwandan blood.’ The same could be said of the UN with regard to Bosnia and Bosnian blood. Yet no former UN or other international official has been prosecuted by the ICTY or any other court for complicity in genocide or war-crimes. That is a real scandal of selective justice about which Harland has nothing to say.
The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia has acquitted Radovan Karadzic, wartime president of the Bosnian Serb nationalist rebels’ ‘Republika Srpska’, of one count of genocide, relating to crimes committed in municipalities across Bosnia in 1992. According to its press release:
The Chamber’s oral ruling was delivered pursuant to Rule 98 bis of the Tribunal’s Rules of Procedure and Evidence which provides that at the close of the Prosecutor’s case, the Trial Chamber shall, by oral decision, and after hearing the oral submissions of the parties, enter a judgement of acquittal on any count if there is no evidence capable of supporting a conviction.
The Chamber found that whilst the evidence it had heard indicates that the circumstances in which the Bosnian Muslims and/or Bosnian Croats in the Municipalities were forcibly transferred or displaced from their homes were attended by conditions of great hardship and suffering, and that some of those displaced may have suffered serious bodily or mental harm during this process, this evidence does not rise to the level which could sustain a conclusion that the serious bodily or mental harm suffered by those forcibly transferred in the Municipalities was attended by such circumstances as to lead to the death of the whole or part of the displaced population for the purposes of the actus reus for genocide.
This represents a 180-degree U-turn from the Trial Chamber’s decision eight years ago over Slobodan Milosevic. On 16 June 2004, in ‘Prosecutor v. Slobodan Milosevic: Decision on Motion for Judgement of Acquittal’, the Trial Chamber refused to acquit Milosevic on the same grounds, and ruled:
246. On the basis of the inference that may be drawn from this evidence, a Trial Chamber could be satisfied beyond reasonable doubt that there existed a joint criminal enterprise, which included members of the Bosnian Serb leadership, whose aim and intention was to destroy a part of the Bosnian Muslim population, and that genocide was in fact committed in Brcko, Prijedor, Sanski Most, Srebrenica, Bijeljina, Kljuc and Bosanski Novi. The genocidal intent of the Bosnian Serb leadership can be inferred from all the evidence, including the evidence set out in paragraphs 238 -245. The scale and pattern of the attacks, their intensity, the substantial number of Muslims killed in the seven municipalities, the detention of Muslims, their brutal treatment in detention centres and elsewhere, and the targeting of persons essential to the survival of the Muslims as a group are all factors that point to genocide.
247. Having examined the evidence, the Trial Chamber finds no evidence of genocide in Kotor Varos.
323. With respect to the Amici Curiae submissions concerning genocide, the Trial Chamber, except for its holding in paragraph 324, DISMISSES the Motion and holds that there is sufficient evidence that
(1) there existed a joint criminal enterprise, which included members of the Bosnian Serb leadership, the aim and intention of which was to destroy a part of the Bosnian Muslims as a group, and that its participants committed genocide in Brcko, Prijedor, Sanski Most, Srebrenica, Bijeljina, Kljuc and Bosanski Novi;
(2) the Accused [Slobodan Milosevic] was a participant in that joint criminal enterprise, Judge Kwon dissenting ;
(3) the Accused was a participant in a joint criminal enterprise, which included members of the Bosnian Serb leadership, to commit other crimes than genocide and it was reasonably foreseeable to him that, as a consequence of the commission of those crimes, genocide of a part of the Bosnian Muslims as a group would be committed by other participants in the joint criminal enterprise, and it was committed;
(4) the Accused aided and abetted or was complicit in the commission of the crime of genocide in that he had knowledge of the joint criminal enterprise, and that he gave its participants substantial assistance, being aware that its aim and intention was the destruction of a part of the Bosnian Muslims as group;
(5) the Accused was a superior to certain persons whom he knew or had reason to know were about to commit or had committed genocide of a part of the Bosnian Muslims as a group, and he failed to take the necessary measures to prevent the commission of genocide, or punish the perpetrators thereof.
324. The Trial Chamber finds no evidence that genocide was committed in Kotor Varos.
The contradiction between the Trial Chamber’s rulings over Milosevic in 2004 and Karadzic in 2012 indicates that it is not operating on the basis of consistent legal principles, and suggests a change of policy. A full analysis of the reasons behind this shift will have to await the Tribunal’s publication of the text of its decision.
I have been arguing since 2005 that the ICTY has been retreating in the face of international and Serbian resistance to its pursuit of justice. The list of failures, retreats, betrayals and unethical compromises has only grown over the years: the failure even to indict most of the principal members of the Joint Criminal Enterprise from Serbia and Montenegro – Veljko Kadijevic, Blagoje Adzic, Momir Bulatovic, Borisav Jovic, Branko Kostic and others; the failure to indict anyone at all for the destruction of the Croatian town of Vukovar; the indictment of only six officials in total from Serbia and Montenegro for war-crimes in Bosnia, and the conviction to date of only one of them; the sentencing of Republika Srpska vice-president Biljana Plavsic to only eleven years in prison, without making her testify, and her release after serving only seven years, despite her withdrawal of her acknowledgement of guilt; the censoring of the minutes of the Supreme Defence Council, preventing their use by Bosnia in its case against Serbia at the International Court of Justice; the prosecution of the ICTY’s own former chief prosecutor’s spokeswoman, Florence Hartmann, for having the temerity to reveal its dubious underhand dealings.
The ICTY’s U-turn over genocide in Bosnia is therefore par for the course. The people of the former Yugoslavia have not received justice from this tribunal.
I cannot remember any year of my life being so exciting, in terms of global political developments, as 2011. In a positive way, too: although many of the great events of last year have been far from unambiguous triumphs for human progress and emancipation, they have nevertheless demonstrated that many of the chains that bind humanity are not as immovable as they previously seemed. Though many of the battles remain to be fought and some will be lost, that they are being fought at all is reason for optimism. I haven’t remotely been able to provide adequate comment at this blog, but here is my personal list of the most inspiring events of 2011 – not necessarily in order of importance.
1. The Arab (and Russian !) Spring.
Cynics regret the fall of the Ben Ali, Mubarak and Gaddafi regimes, and the likely fall of the Saleh regime, in the belief that these acted as Hobbesian leviathans keeping lids on political Islam. They fail to appreciate that these dictatorships, through preventing the emergence of healthy political pluralism and through opportunistic collaboration with Islamism, acted as the incubators of the very Islamist movements they claimed to keep in check. It is pluralism – more so than democracy – that is ultimately the cure for the evil represented by Islamism. The Arab Spring may end badly in some or all of the countries in question, but hats off to the brave Syrians, Yemenis, Tunisians, Egyptians, Libyans, Bahrainis and others who have redeemed the honour of the Arab world through their heroic struggle against tyranny, showing that change is possible. The Arab fighters against tyranny may not win, or they may succumb to a new tyranny, but they are fighting a struggle that needs to be fought. And hats off too to the brave Russians who are raising the banner of freedom in the heart of Europe’s worst police state.
2. International intervention in Libya and Ivory Coast and the fall of Muammar Gaddafi and Laurent Gbagbo.
For all that I supported the US-led intervention to overthrow the Iraqi regime of Saddam Hussein, events have proven it was an intervention too far: carried out without any form of mandate from world opinion or support in the country in question and attempting a too-radical overthrow of the existing order, it brought democratic change and emancipated the Shia majority and Kurdish minority, but only at great human cost and immense damage to the West’s reputation and to the political standing of the Western governments that participated. By contrast, the intervention in Libya was everything the intervention in Iraq was not: carried out in support of a genuine popular uprising and at the request of Libyans themselves, with a genuine international mandate, it brought down a dictatorship without any foreign troops setting foot in the country or losing their lives. There has been some whining among wishy-washy moderates that regime-change was carried out under cover of a UN mandate to prevent massacre, and that consequently Western leaders have made it more difficult to obtain international support for humanitarian intervention in future. Nonsense: even the propaganda catastrophe of Iraq did not prevent the intervention in Libya, so the successful intervention in Libya will be far from discouraging future interventions. In fact, like the Kosova intervention before it, Libya shows how humanitarian intervention can work, as did the international intervention that helped bring about the fall of Laurent Gbagbo in Ivory Coast, followed by his arrest and deportation to the International Criminal Court where, we hope, more of his fellow tyrants will end up.
3. The rise in the West of protests at the abuses of capitalism.
For much of the past fifteen years or so of my life, I felt I was gradually becoming more right-wing (from an admittedly extreme-left-wing starting-point), to the point where, at the last British general election, I adopted a bi-partisan standpoint vis-a-vis Labour and the Conservatives. I have seen, and continue to see myself, as a centrist rather than a leftist. Well, the events in the UK, the rest of Europe and the US have certainly served as a wake-up call to me, as the mainstream political right and the super-rich – not to put too fine a point on it – are simply taking the piss. Here in the UK, public services are being massacred while those in the corporate and financial sectors pay themselves vast and unearned bonuses, and the authorities turn a blind eye to their blatant tax-evasion. We’re supposed to believe that cutting the incomes of ordinary working- and middle-class people is necessary in the name of deficit-reduction, while cutting taxes for the rich and for corporations is necessary in the name of economic stimulus ! Well, you can’t have it both ways. In the US, the Republicans have gone so far to the right in their support of selfish and irresponsible tax-cuts for the rich that they’ve gone completely off the rails, seriously jeopardising their government’s ability to navigate the economic crisis. With mainstream centre-left leaders like Barack Obama and Ed Miliband failing to show any backbone over this, it is left to grass-roots activist movements to do so. So three cheers for Los Indignados, Occupy Wall Street, 38 Degrees, UK Uncut and all such movements, for doing what our elected representatives are failing to do. I never thought I’d say that, but there it is.
4. The fall of Silvio Berlusconi and popular protests in Greece.
The fall of the corrupt sleazeball is a bittersweet triumph, given that it occurred in the context of the EU’s imposition of brutal austerity programmes across the Eurozone, accompanied by creeping integration that violates both the national sovereignty and democratic will of member states. The cause of deeper EU integration has revealed itself to be a deeply undemocratic, anti-people cause. I have been very critical of the Greek political classes for their criminal regional policies, vis-a-vis Milosevic, Macedonia, etc.; the Greek people, by contrast, in the ferocious fight they are putting up against the EU-imposed austerity measures, have set an example to us all. Let the costs of the economic crisis be born by the bankers and politicians who caused it, not by ordinary people and future generations.
5. The phone-hacking scandal in the UK.
All my life in the UK, I have lived in the belief that the tabloid newspapers and particularly the Murdoch media empire are a great incubus on British politics and society, encouraging everything that is worst in our country: xenophobia, small-mindedness, vulgarity, philistinism, voyeurism and sleaze. So how refreshing and liberating it is, to see them being taken down a peg or two. There is no reason why people’s private lives and feelings should be constantly violated, and intimate personal details splashed all over newspapers, by hack reporters pandering to the worst public instincts; it is time that the UK passed some serious privacy laws, to put an end to the permanent national scandal and embarrassment of our tabloid press. However uninspiring Ed Miliband may be as Labour Party leader, he deserves credit for bravely taking on the Murdoch empire. Let’s hope the Daily Mail goes the way of the News of the World – that would go a long way toward solving our supposed ‘immigration crisis’ !
6. Independence for South Sudan.
What a sad day it is for democracy, when a genocidal dictatorship accomplishes what various flawed democracies seem unable to do, and negotiates the independence from it of an oppressed region. In July, South Sudan formally became an independent state and joined the UN. Congratulations to its people, who have shown that even the most brutal struggle for freedom can have a happy ending ! Meanwhile, Turkey is escalating its terror and repression of its Kurdish population; Serbia continues to block and disrupt Kosova’s independence, with Serb extremists creating chaos in northern Kosova and undermining Serbia’s EU aspirations; and Israel continues to obstruct peace with the Palestinians through its settlement-building programme and Apartheid-style occupation regime in the West Bank – to which its apologists turn a blind eye, while they try to blame the Palestinians for wanting to join the UN and UNESCO ! Shame on the democratic world.
7. Macedonia’s victory over Greece at the International Court of Justice and Palestinian membership of UNESCO.
Were the democratic world to apply liberal and democratic principles fairly and consistently, it would be extremely easy to bring about solutions to the Macedonian-Greek and Israeli-Palestinian conflicts, that would respect and safeguard the rights of all four nations in question. Unfortunately, the EU over Greece and Macedonia and the US over Israel and Palestine, far from acting as honest brokers in negotiations to end these conflicts, are simply supporting the hardline nationalist agendas of the stronger sides. They hypocritically talk of ‘negotiated settlements’ while ensuring that pressure is only put on the weaker sides, never on the stronger. When they say they want both sides to negotiate, what they really mean is that they want one side to surrender. The Macedonians would have to be stark, raving mad if they followed advice over what’s in their national interest from EU apparatchiks, just as the Palestinians would have to be stark, raving mad if they followed advice from craven US officials. Do they really want their countries to end up like Bosnia, whose leaders in the 1990s were unwise enough to follow ‘advice’ of this kind ?? So what an inspiring example these nations are setting when they refuse to follow the advice of hypocrites, and pursue justice in a dignified, civilised manner through international institutions. Palestine’s admission to UNESCO in October followed by Macedonia’s victory over Greece at the ICJ in December are two blows struck for democracy and human rights that Western leaders seem unable to uphold.
8. The fall of Dominique Strauss-Khan and the acquittal of Amanda Knox.
At one level, the collapse of the sexual assault case in New York against Dominique Strauss-Khan suggests that even in the US, it may be legal for a rich sexually to assault a hotel maid, provided the maid in question has a personal history that’s marginally less unblemished by sin than that of the Virgin Mary, and has done something satanically evil like telling a lie during her asylum application. As has long been said, in rape cases it’s often the victim rather than the rapist who is on trial. For all that, Nafissatou Diallo’s accusation against Strauss-Khan did succeed in ending the political career of a violent misogynist with a history of attacking women, forcing his resignation as IMF chief and wrecking his French presidential bid. And in encouraging other female victims of sexual assault, at the hands of him and of others, to come forward. Another spectacular victory over misogyny was won in October, when Amanda Knox was acquitted by an Italian court on appeal of murdering her flatmate, having been originally convicted in something resembling a medieval witch-trial. Again, she was convicted not on the basis of the evidence against her, since there wasn’t any, but because she was good looking and sexually active, pursued what was in conservative Italian eyes an unorthodox lifestyle, and did not behave like a tearful female stereotype after her flatmate’s murder. Soon after, an apparently respectable boy-next-door, Vincent Tabak, was convicted of murdering his neighbour, Joanna Yeates. Initially overlooked by police until he incriminated himself, he turned out to have a secret fixation with strangling women. So there you have it.
9. The killing of Osama bin Laden and the arrest of Ratko Mladic.
Justice finally caught up in 2011 with two mass-murderers whose long evasion of justice made them symbols of ‘resistance’ for the worst kind of extremists. Mladic turned out not to be as brave as he had been when he was directing the genocidal massacre of defenceless Bosniak civilians at Srebrenica, and surrendered quietly to the Serbian police. Bin Laden was, by contrast, whacked in Pakistan by US special forces, as was his follower Anwar al-Awlaki by a US drone attack in Yemen later in the year, in both cases prompting much hand-wringing by wishy-washy liberal types of the Yasmin Alibhai-Brown variety, who seem to be under the impression that it’s possible for the US peacefully to arrest terrorists based in countries like Pakistan and Yemen, in the middle of an ongoing armed conflict with those terrorists, as if the latter were pickpockets in New York. They would do well to remember the Allied assassination of Holocaust-architect Reinhard Heydrich in 1942, and of Admiral Isoroku Yamamoto, the architect of Pearl Harbour, the following year – we certainly didn’t try to arrest them ! And of course, based on what happened to former Republika Srpska vice-president Biljana Plavsic, an international court might have just sentenced bin Laden to a few years in prison, then let him out early.
10. The referendum defeat for the ‘Alternative Vote’ in the UK.
Not as significant as the above events, but it made me happy anyway.
Happy New Year !
This is a guest post by David Pettigrew
The arrest of General Ratko Mladić is a profoundly important step on the long path to justice for the victims and the survivors of the genocide against Bosnia’s Muslims (Bošniaks) that was perpetrated from 1992 to 1995 by Serbian and Bosnian Serb forces. However, the expectation that Mladić’s arrest will “close a chapter” –as stated by Serbian President Tadić– on the war of aggression, or open a “new chapter” for Serbia, fails to recognize that Mladić’s genocidal legacy lives on in the form of the political entity known as Republika Srpska.
Between 1991 and 1992 Radovan Karadžić’s nationalistic Serbian Democratic Party brought about the creation of Republika Srpska in response to the fact that Bosnia and Herzegovina was preparing a referendum on independence as a multicultural nation. The name Republika Srpska literally means a Republic of or for Serbs. Unfortunately, the area in which this “Republic for Serbs” was declared was within the borders of Bosnia and included eastern Bosnia where the Bošniaks constituted, in most locations, the majority of the inhabitants. The creation of Republika Srpska was to entail the forcible displacement of the Bošniaks from within its self-declared territory through terror, rape, and murder, which in some cases included wanton mass murder. In July 1995 alone, over 8,000 men and boys were murdered at Srebrenica in an act that has been declared genocide by two international courts.
Srebrenica was not the only place where Bošniaks were targeted as such and murdered en masse. Additional atrocities and murders occurred throughout eastern Bosnia, between 1992 and 1995 in towns such as Višegrad. On two separate occasions in June of 1992 (on Pionirska Street and in the Bikavac neighborhood) women and children were forced into houses that were set on fire. They perished in the flames. Further, an estimated 3,000 were murdered on and around the Ottoman bridge in Višegrad and thrown into the Drina River. In August of 2010 I accompanied the Bosnian government’s exhumation team to Višegrad. Work on a nearby dam caused the river level to drop and it was finally possible to exhume the bones of the victims from the riverbed. We found the remains of many of the victims and identification is in progress.
In addition, hundreds of villages in eastern Bosnia were destroyed as part of the Bosnian Serb strategy, making return and repopulation by the Bošniaks virtually impossible. Approximately 1,000 mosques were destroyed in Republika Srpska, and in some cases, Serbian Orthodox churches were constructed directly upon the ruins. In one case, a Serbian Orthodox church was constructed on a Bošniak woman’s land without her permission and it still remains to this day. More than 350 mass graves that hold the remains of the Bošniak victims have been discovered within Republika Srpska. The perpetrators tried to hide their crimes by moving the remains to new locations. In the process, the bodies were dismembered, making the process of exhumation and identification tragically difficult.
Indisputably, the entity Republika Srpska was founded upon a genocidal ideology, maintained through the barbarity of genocidal acts and ultimately legitimized by the Dayton Peace Accords 1995. The surviving founding members of Republika Srpska, Radovan Karadžić, Biljana Plavšić, and Momčilo Krajišnik, are either on trial –having been charged with genocide, crimes against humanity, and violations of the laws and customs of war– or have already been convicted and sentenced for their role in the war crimes. However, the current President of Republika Srpska, Milorad Dodik denies the genocide at Srebrenica and speaks openly of secession from Bosnia. In other words, in spite of the arrest of Mladić, Republika Srpska continues to be, for Bosnia’s Muslims, a dehumanizing zone of exclusion. Mladić’s legacy –Republika Srpska– remains intact.
One of Ambassador Richard Holbrooke’s greatest regrets, as the architect of the Dayton Peace Accords, was the recognition and the naming of Republika Srpska. He feared throughout the process that such recognition and such a name would legitimize –if not reward– their genocidal aggression. Hence, to do justice to victims of the genocide against the Bošniak civilians (Bosnian Muslims), the arrest of Mladić must serve as a reminder to the European and international diplomatic community that it is time to reunify Bosnia through constitutional reform. It is indeed unseemly for President Tadić to reduce Mladić’s arrest to the final step in Serbia’s strategy for its entrance to the European Union. The Copenhagen Criteria of 1993 call for those seeking membership in the European Union to respect human rights and the rule of law not only in their own countries but also in association with others. Serbia must now be called upon to denounce President Dodik’s rhetoric of genocide denial and secession and to fully support the reunification of Bosnia.
David Pettigrew, PhD, is Professor of Philosophy at Southern CT State University in New Haven, CT. His report on the exhumations in Višegrad can be found on his website.
The Balkans are only a step away from normalisation, but it may be a step too far for Western policy-makers.
Normalisation for the Balkans would mean the region’s definite establishment as a set of functioning, democratic nation-states on the model of Western Europe; undivided by serious conflicts or live territorial disputes. The region’s national questions would be resolved, to the point that they would be as unlikely to spill over into large-scale bloodshed as the national questions of Belgium, Scotland or Catalonia. The Balkan states would all be integrated into the EU, and ideally NATO as well.
This is not an ambitious ideal, yet it is far from being realised. Regional progress is still being derailed by a series of conflicts of varying severity between the Balkan states. The Slovenian-Croatian border dispute for a while threatened to derail the entire region’s EU integration, though this appears to have been averted. Greek-Turkish rivalry over Cyprus, the Aegean Sea and other areas remains latent, something for which the anti-Turkish rhetoric on the part of candidates in the recent Greek parliamentary elections has served as a reminder. Both Turkey and Greece are problematic: the first is, under the leadership of the Justice and Development Party (AKP) in the process of developing a new regional role for itself, one that appears to be taking it closer to authoritarian and radical states like Russia, Iran and Syria; the second is pursuing a damaging regional policy, involving hostility to the fragile states of Macedonia and Kosovo. With its campaign against Macedonia, in particular, Greece is threatening the stability of a neighbouring state where relations between the majority Macedonians and minority Albanians are already dangerously unstable.
Meanwhile, the policies of Serbia and Serb nationalism remain the single greatest source of Balkan instability. Serbia is still failing to arrest war criminals indicted by the International Criminal Tribunal for the former Yugoslavia, thereby obstructing its own EU integration. But more dangerously, it is pursuing a dog-in-the-manger policy vis-a-vis Kosovo, preventing the newly independent state from consolidating itself and integrating itself properly into the international community. The Serbia-Kosovo dispute poisons regional relations; Belgrade recently rebuked Skopje for the latter’s agreement with Pristina to resolve the Macedonia-Kosovo border dispute.
The most intractable regional problem of all, however, remains Bosnia-Hercegovina. The state is saddled with the unworkable constitutional order imposed upon it by the Dayton Accords of 1995, ensuring that the state cannot function and must remain in a state of permanent political crisis. Bosnia’s recent exclusion, along with Albania, from the EU’s grant of visa liberalisation to the western Balkans, that was applied to Serbia, Macedonia and Montenegro, has further entrenched divisions in the country and the wider region. Milorad Dodik, prime minister of Bosnia’s Serb entity, the Republika Srpska, is openly pursuing Bosnia’s full dismemberment; the aggressive and provocative nature of his policy was recently highlighted by the warm welcome he extended to the convicted war-criminal Biljana Plavsic, following her early release from prison in Sweden.
These home-grown Balkan problems are being exacerbated by the policies of outside powers. The revanchist, neo-Soviet regime in Russia is aggressively backing Serbia over Kosovo, preventing the dispute from being resolved. By doing so, Moscow is not merely undermining Kosovo, but is undermining also Serbia’s own complete transition into a post-nationalist liberal democratic state. Moscow aims to keep the Balkans divided to prevent their full integration into the Euro-Atlantic framework. Hence, Dodik was looking to Moscow when he unilaterally withdrew Bosnian Serb soldiers from participation in NATO exercises in Georgia.
The second major external source of Balkan instability is the weak and vacillating policy of the EU, dominated as the latter is by the Franco-German axis. Germany is pursuing a pro-Russian policy that is making the new East Central European members of NATO and the EU very uncomfortable, while France continues to seek a dissident role in the Western alliance vis-a-vis the Anglo-Saxon powers. Hence, the EU’s muted reaction to the Georgian war; the crushing of Washington’s Georgian ally was not allowed to get in the way of growing EU-Russian collaboration. The Georgian war was facilitated by the Franco-German blocking of the grant of NATO Membership Action Plans to Georgia, along with Ukraine, in the spring of 2008. French President Nicolas Sarkozy, pursuing his Gaullist policy of Mediterranean union, sees fit also to support Greece against Macedonia.
Such an attitude on the part of the EU also involves toleration of Serbian trouble-making vis-a-vis Kosovo and Bosnia. The Netherlands is essentially isolated in its continued insistence that Serbia’s progress on EU accession be linked to its arrest of war criminals. The EU, for its part, would like to see the Office of the High Representative (OHR) for Bosnia closed. Yet the OHR has been the principal integrating force in Bosnia since 1995. Take away the OHR, and Bosnia moves another step toward full partition.
The EU’s resolve over the Balkans is further weakened by the activities of dissident members. No unified EU policy exists over Kosovo on account of the refusal of five EU members to recognise the new state – all for nationalistic reasons. Romania and Slovakia perceive a ‘separatist’ parallel between the Kosovo Albanians and their own maltreated Hungarian minorities. Likewise, Spain is obsessed with ‘separatist’ parallels of its own vis-a-vis Catalonia and the Basque Country. Greece and Cyprus are traditional allies of Serbia; Cyprus also equates Kosovo with Turkish-occupied Cyprus. None of these states’ reasons for opposing Kosovo’s independence are very noble, yet the EU has no means of compelling them to keep ranks with the majority; the EU therefore pursues the policy of the lowest common denominator.
Although the EU has been as an instrument for bringing nations together, its recent policies in the Balkans are having the opposite effect. The veto that EU members enjoy in relation to membership bids by aspiring members places a weapon in the hands of trouble-makers lucky enough to already be in the club. The Slovenian-Croatian border dispute was exacerbated by Ljubljana’s use of its veto against Croatia. Although Ljubljana threatened to use its veto to keep Croatia out of NATO as well, Washington quickly put a stop to this mischief. Unfortunately, the EU states are much less ready than the US to put pressure on their partners to cease misbehaviour, and though Ljubljana did eventually lift its veto, this was not before it had won concessions over the border dispute at Zagreb’s expense.
Still more destructive has been the EU’s exacerbation of the Greek-Macedonian dispute. Despite the thoroughly pre-democratic and chauvinistic nature of Greece’s campaign against Macedonia, EU members have been wholly unwilling to put pressure on Athens to change it. So, rather than the whole club forcing a badly behaved member to behave better, the policy of the trouble-maker is imposed on the whole. The bad apple poisons the whole basket; the tail wags the dog.
The structural factors underlying the EU’s damaging policies vis-a-vis the Balkans are likely to become worse in the years to come. The accession of new members will give more states vetoes to use against aspiring members. After joining the EU, Croatia may use its veto against Serbia. If Macedonia does back down to Athens, Albania might be encouraged to use its veto to keep Macedonia out of NATO, to extract concessions regarding the Albanian minority in Macedonia. For while both Croatia and Albania have pursued responsible regional policies over the past ten years, the EU is sending out to them the wrong signals: that bad behaviour brings dividends.
Meanwhile, the EU’s growing energy dependency on Russia is likely further to dampen the EU’s resolve to resist the mischief of Moscow and Belgrade in the Balkans. Russian plans to build the ‘North Stream’ gas pipeline direct to Germany, bypassing the former-Communist states of East Central Europe, will allow it to exert leverage over its neighbours without simultaneously punishing its German ally.
As the EU moves increasingly to accommodate a dangerous and hostile power, so it is alienating an important power that has long assisted Balkan stability. Paris and Berlin have made it very clear they do not wish to allow Turkey to join the EU. This has had the predictable result that Turkey is losing is faith in the possibility of a European future, and is turning increasingly toward Russia, Iran, Syria and other radical and anti-Western states. Turkey has made huge strides this decade in improving its human rights record, as required by its bid for EU membership. For the same reason, it has facilitated a resolution of the Cyprus dispute through its support for the 2004 Annan Plan. As the prize of EU membership moves further from its grasp, Ankara may backslide over both human rights and Cyprus as well. There are worrying signs that the pace of democratisation in Turkey is indeed slowing -such as the record fine recently imposed on Dogan Yayin Holding AS – Turkey’s largest media group and critical of the AKP government.
A hardening of Turkey’s stance on Cyprus could lead to the collapse of the Greek-Turkish rapprochement, further damaging the prospects for the Balkans’ normalisation. For all its human rights abuses, Turkey has been playing a constructive role in the region, as the ally of the weak and vulnerable states of Bosnia, Kosovo and Macedonia. We do not know what the full consequences would be if Turkey fully abandons its European moorings and goes off in a new direction. But at the very least, an authoritarian Turkey headed by an Islamic-populist regime on the border of the Balkans will not have a positive effect on the region.
Unfortunately, alongside Russia and the EU, there is a third external factor whose contribution to Balkan stability currently raises concerns: the Obama Administration in the US. The latter’s abandonment of the Bush Administration’s plans to base a missile-defence system in Poland and the Czech Republic, in order to appease Moscow in the hope of obtaining Russian support vis-a-vis Iran, is a worrying indication of US passivity vis-a-vis Europe and Russia. The capitulation amounts to a betrayal of the security of allies in order to appease a hostile power, with echoes of Cold-War-style sphere-of-influence politics. While it is too soon to press the panic button over Obama’s policy toward Eastern and South Eastern Europe, we should be very concerned if Obama goes any further down this path.
For all these internal and external problems facing the Balkans, the success stories and models for future success are close at hand. Romania and Bulgaria are far from model democracies, and have serious problems with corruption and organised crime. Yet neither has engaged in military aggression or seriously attempted territorial expansionism since joining the free world in 1989; both are members of the EU and NATO. Turkey and Greece, following their heavy military defeats in World War I and the Greco-Turkish War respectively, pursued an enlightened policy of rapprochement vis-a-vis one another, eschewing territorial expansionism. This rapprochement was only derailed by the outbreak of the Cyprus conflict from the 1950s, and later resumed: Greece today is a vocal champion of Turkey’s EU membership. Croatia, too, following its unsuccessful expansionist adventure in Bosnia in the first half of the 1990s has, since the death of Franjo Tudjman in 1999, abandoned expansionism to pursue a responsible regional policy and EU membership.
The key to turning aggressive, expansionist Balkan states into responsible members of the European family, therefore, is for the international community to shut off all avenues for their expansionism and keep them firmly confined within their own borders. With all due qualifications, this is the way it has been for Romania, Bulgaria, Turkey, Greece and Croatia. Where these states have been less than responsible – as, for example, in the case of Turkey vis-a-vis Cyprus or Greece vis-a-vis Macedonia – this has occurred when there have been insufficient limits placed on their ability to coerce neighbours.
The biggest source of instability in the Balkans remains the fact that, thanks to the weakness and vacillation of Western and above all EU policy, Serbia has not been firmly confined within its borders, despite its defeat in the wars of the 1990s. Instead, Belgrade continues to destabilise the neighbouring states of Kosovo and Bosnia. Its ability to do so means that Serbia – unlike Bulgaria, Romania, Croatia, Greece and to an extent Turkey – is unable to develop a post-expansionist state identity; one that does not revolve around territorial aspirations towards neighbouring states. This is bad above all for Serbia itself – the reason why it is still a long way from EU membership, despite being before the 1990s more prosperous, developed and liberal than either Romania or Bulgaria.
The problem is not, however, ultimately with Serbia itself. In parliamentary elections following Kosovo’s independence last year, the Serbian electorate handed victory to the pro-European rather than the hardline nationalist parties, revealing what little stomach it has for renewed confrontation over Kosovo. Belgrade has also played its trump card with its case against Kosovo’s independence before the International Court of Justice (ICJ), and there is every reason to believe that the Court will not rule in its favour, even leaving aside the strength of Kosovo’s case. The ICJ’s judges come from different countries and their verdict will likely represent some form of compromise rather than award outright victory to one side or the other. Anything less than a full victory for Belgrade will effectively be a defeat, ambiguity leaving the door open for more states to recognise Kosovo’s independence while plausibly claiming to do so legally. In other words, both in terms of its range of available strategies and in terms of the popular support it enjoys, Serbian expansionism vis-a-vis Kosovo is a broken reed. With the Kosovo Albanians enjoying a comfortable majority in their country, their ultimate ability to consolidate their state is assured.
The principal problem for the region is the Bosnian question, and the policy of the Western alliance toward it. Unlike for all the other Balkan regional problems, for Bosnia, stability will not come through persuading or coercing the states involved to accept reality or to reach a compromise. For Bosnia, it is the very legal status quo and ‘compromise’, born at Dayton in 1995, that is generating instability for the state and the region. The Dayton order provides a framework that is gradually enabling the Bosnian Serb separatists, currently headed by Dodik, to establish the Bosnian Serb entity as a de facto independent state while preparing the ground for formal secession. The Bosniaks will, however, go to war to prevent this happening. It is a moot point what the outcome of such a military confrontation would be, but it is not something to which we should look forward.
Bosnia remains, therefore, the weak foundation-stone of Balkan stability. Only the transformation of Bosnia into a functioning state, through the transfer of most state powers from the entities to the central government, will guarantee against the outbreak of a new Bosnian war, and provide a final and definite check to Serbia’s expansionism, forcing that state wholly onto the post-expansionist path and removing the principal obstacle to the region’s progress.
Unfortunately, with Western and particular EU policy being what it is at present, such a decisive step seems unlikely. The problems facing the Balkans are neither huge nor insurmountable, yet Western passivity and vacillation seem set to allow these small problems to turn into larger ones. The Balkans look set for a rocky road ahead.
This article was published today on the website of the Henry Jackson Society. A longer version was given as a presentation to the Sussex European Institute on 3 November, entitled ‘How far are the Balkans from normalisation ?’
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