Greater Surbiton

The perfect is the enemy of the good

Brendan Simms, Europe and the Henry Jackson Society

zezanje3

In an opinion piece in the Guardian entitled ‘We eurozoners must create a United States of Europe’, the Cambridge historian Brendan Simms calls for ‘the immediate creation of an Anglo-American style fiscal and military union of the eurozone’ as a means of resolving the eurozone crisis. This should, Simms argues, involve ‘the creation of a European parliament with legislative powers; a one-off federalising of all state debt through the issue of union bonds to be backed by the entire tax revenue of the common currency zone (with a debt ceiling for member states thereafter); the supervised dissolution of insolvent private-sector financial institutions; and a single European army, with a monopoly on external force projection.’ Such a union should be modelled on the successful examples of the Anglo-Scottish union of 1707 and the United States of America: ‘The British and the American unions made history. If we eurozoners do not act quickly and create a single state on Anglo-American lines, we will be history too – but not in the way we had hoped’ (‘we’, because the author is Irish, as well as German on his mother’s side).

In a follow-up piece in the Evening Standard, subtitled ‘Only Germany can be trusted to restructure the failed eurozone into a democratic single European state’, Simms argues:

Last week, one British journalist described Frau Merkel as a potential European Abraham Lincoln. What we require, however, is not somebody to defend the current union — which is broken beyond repair — but to create a new one. The better analogy is with the 19th-century Prussian Chancellor Otto von Bismarck, who created the Second German Empire out of the ruins of the old and ineffective German Confederation. Today, the eurozone needs a democratic Bismarck, probably though not necessarily from Germany.’

This is a particularly interesting proposal, given that Brendan is the founder and titular president of the Henry Jackson Society (HJS), of which he is also a trustee. He founded the HJS as a centrist, pro-European political force, but it has since lurched in a right-wing and Europhobic direction, and its leading figures actively despise the pro-European principles espoused by those such as their own nominal president.

The HJS’s Associate Director, Douglas Murray, appointed in April 2011, is on record as having stated that ‘the EU is a monstrosity – no good can come of it… The best thing could just simply be for it to be razed to the ground and don’t start again [sic]‘).

Prominent HJS supporter William Shawcross, who was appointed as a trustee of the organisation in October 2011 and resigned a year later to avoid a conflict of interest, is on record as claiming that ‘New Labour has forced Britain to become a mere piece of the bland but increasingly oppressive Bambiland of the E.U., promoting such PC global issues as gay rights (except in Muslim lands) and man-made climate change.’ Furthermore, ‘The Lib-Dems are in many ways even more dangerously authoritarian than Labour. Clegg is an extreme Europhile. They want the Euro and total control by Brussels, amnesty for hundreds of thousands of illegal immigrants, disarmament, and attacks on wealth-creating businesses like Marks and Spencer.’

The HJS’s Executive Director Alan Mendoza – the real owner and controller of the HJS – attacked the EU at the conference of the American Israel Public Affairs Committee (AIPAC) in March of this year, accusing it of being hostile to Israel. As reported by the Washington Jewish Week‘s Suzanne Pollak, he blamed this on the EU’s supranational character and on its rising immigrant and Muslim population:

‘European countries should be electing economic experts, but instead they are “responding by moving toward extremism. Europe has lost its sense of greatness. They have lost faith in their abilities” to deal with their specific problems, he said. Immigration is also a reason for rising anti-Israel feelings. In 1998, 3.2 percent of Spain was foreign-born. In 2007, that percent had jumped to 13.4 percent, Mendoza said. In cities such as London, Paris and Copenhagen, 10 percent of residents are Muslim. “The European Muslim population has doubled in the past 30 years and is predicted to double again by 2040,” he said.

For all the benefits that immigration has brought, it has been difficult for European countries to absorb immigrants into their society given their failure to integrate newcomers. Regardless of their political views, Muslims in Europe will likely speak out against Israel whenever any Middle Eastern news breaks, just as they will against India in the Kashmir dispute. Their voices are heard well above the average Europeans, who tend not to speak out Mendoza said, adding that the Muslim immigrants do this with full knowledge that they would not be allowed to speak out like that in many Middle Eastern countries.

Yet another reason Israel is demonized is that it is a nationalist state, but Europe turned against that concept following World War II. “They are supernational, and Israel is just national,” he said.’

Thus, in the view of the people at the head of the HJS, the EU is a ‘monstrosity’; an ‘oppressive Bambiland’ containing too many Muslims and immigrants, whose ‘supernational’ character leads it to despise ‘nationalist’ states such as Israel, and that ought to be ‘razed to the ground’.

How is it possible for such an extremely anti-European outfit to retain, as its titular president, a visionary supporter of deep European integration; of a ‘United States of Europe’, no less ? After all, James Rogers, who along with Simms was the other leading creator of the HJS, was repudiated by the organisation because he published a letter in The Times calling for Britain’s signature of the EU constitution treaty, and signing it with his HJS affiliation. Part of the answer is that Simm’s articles, unlike those of other HJS staff members, simply do not appear on the HJS website. This is the case not only for articles arguing a position which for the HJS is anathema – such as greater European integration – but also for those with which it agrees, such as the need for intervention in Syria. Despite being an incomparably more serious intellectual figure than the other HJS staff members, as well as the organisation’s principal founder, his name does not even appear on its list of authors. Conversely, Simm’s articles do not mention his HJS affiliation.

The ‘Project for Democratic Union‘, which Simms established to promote his ideas about Europe, has a name that recalls the HJS’s ‘Project for Democratic Geopolitics’, but is otherwise entirely separate from – and unendorsed by – the HJS. The two organisations did jointly host a talk by Simms on the project of a ‘United States of Europe’, at which he apparently argued that ‘the Democratic Union should then work closely with the other great democracies, especially Great Britain and the United States… while British support for such a project is highly desirable, her involvement in the new state would be incompatible with national sovereignty, and in any case unnecessary. What is now required is not a European Britain but a British Europe.’ Arguing for deeper eurozone – as opposed to EU – integration may be a way of reconciling the HJS’s Europhobia with Simms’s Europhilia. Yet an alliance of convenience between hard-line British Eurosceptics on the one hand, and non-British Euro-federalist supporters of deeper integration for a geographically narrower Europe without Britain on the other, may not ultimately prove fruitful.

Brendan, in fact, supports a much deeper model of European integration than the HJS ever previously did, even at the time of its pro-European inception, when it favoured a broader, looser EU expanded to include Turkey and former-Soviet states such as Ukraine and Georgia. His new vision is not one that I share. The successes of the Anglo-Scottish and American unions were built upon radical measures that cannot feasibly be translated to the eurozone context: in the case of the first, the abolition of Scotland’s separate statehood and parliament; in the case of the second, the actual military conquest and crushing of the South by the North in a brutal civil war. As for the precedent of Bismarck and the German Second Reich – it should not need pointing out that their legacy has not been entirely positive. ‘Democratic Bismarck’ is an oxymoron, of course.

I feel relieved that Britain has avoided joining the euro, with the concomitant erosion of national sovereignty and democracy that this would have involved; a loss that Greece, Cyprus, Portugal and other South European states in particular are feeling. Yet the establishment of a United States of Europe incorporating only the eurozone and excluding the rest of the EU would consign Britain and other non-eurozone members to the geopolitical backwater of a second-tier Europe. Britain has traditionally sought to prevent the domination of Europe by any foreign power, and it is unclear why abandoning this policy now should be in our interest. While there may be Brits who love European unity so much that they are willing to sacrifice the national sovereignty of the Portuguese, Spanish, Italians, Greeks and others in order to save it, I cannot help but feel that the double standard will not pass unnoticed among these nations, and that they will be rightly reluctant to make a sacrifice that Britain, equally rightly, does not want to make itself. Finally, if Mendoza’s reasoning is correct, then the United States of Europe, as a ‘supernational’ state, will presumably be extremely anti-Israel, and may even criticise a West Bank settlement or two.

Nevertheless, Brendan is right that eurozoners, and leaders and citizens of the EU generally, have to think as Europeans, not as narrow nationalists, and take radical measures to rescue European unity. Absorption in a federal European super-state would not be in the national interest of Britain (or of any EU member), yet it is the anti-European separatists who pose a greater threat to Britain’s national interest, as they threaten to consign us to the status of an isolated, inward-looking geopolitical irrelevance – a UN Security Council permanent member aping Switzerland.

What a pity that the HJS, a think-tank established in part to promote a powerful Britain at the heart of a vibrant, expanding European Union, has been hijacked by those working for the opposite goal.

Update: Since this post was published, HJS Associate Director Douglas Murray has published, in The Wall Street Journal, what can only be interpreted as an outright rebuke of Simms: ‘For as Brussels and its foxes throughout Europe kept crashing the continent into walls, they also kept pretending that their way of ordering things—an undemocratic, increasingly expensive United States of Europe—was the only reasonable option.’ The article, which carries Murray’s HJS affiliation, lauds the UK Independence Party (UKIP), which favours Britain’s secession from the EU.

Another article written at about the same time by a senior HJS staff member – Raheem Kassam, at the time HJS Director of Communications, subsequently removed from the post, though he remains an HJS Associate Fellow  – has called for a Tory-UKIP electoral alliance, arguing ‘it seems the Tory-UKIP rollercoaster is determined, like most rollercoasters, to have us a) wondering how and why the hell we got on this ride and b) despite some vomit-inducing moments, hoping it will never stop.’  Kassam, as editor of The Commentator, which is published from the HJS office, is on record as stating ‘I also loathe the European Union’.

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Tuesday, 30 April 2013 Posted by | Britain, Conservatism, European Union, Marko Attila Hoare, Neoconservatism | , , , , , , , , , , , , , , | 1 Comment

How Margaret Thatcher turned the left upside down

Thatcher

When I was growing up in the 1980s, Margaret Thatcher was the incarnation of evil. I came from a left-wing family and was an activist from an early age, joining the Labour Party Young Socialists at fifteen or sixteen. I was active in support of striking teachers and ambulance workers and against the poll-tax; I attended the great London demonstration against the poll-tax of 31 March 1990. In those days, political rights and wrongs were very simple: right-wing was bad and left-wing was good. Thatcher, along with the US’s Ronald Reagan, was the number one left-wing hate-figure; most demos involved the ritual chant of ‘Maggie ! Maggie ! Maggie ! Out ! Out ! Out !’ Her fall in November 1990 was a time of joy.

My two-dimensional political world began to collapse in 1991, when Serbia’s fascistic dictator Slobodan Milosevic launched full-scale war in the former Yugoslavia, from where my own mother came. The crimes of Milosevic’s forces, culminating in the genocide in Bosnia, made the real or supposed crimes of Thatcher and the Tories – the sinking of the Belgrano, the crushing of the miners, the poll tax, etc.  – pale in comparison.

Continue reading at Left Foot Forward

Thursday, 11 April 2013 Posted by | Bosnia, Britain, Former Yugoslavia, Genocide, Marko Attila Hoare, Serbia, SWP, The Left, Uncategorized | , , , , , , , , , , , , , , , | Leave a comment

The media’s role in the death of Lucy Meadows

Richard Littlejohn

Lucy Meadows, a transsexual woman formerly called Nathan Upton, is believed to havecommitted suicide earlier this month, following a media witch-hunt. In December, Daily Mail columnist Richard Littlejohn published an attack on her that aimed to hound her out of her job as a primary school teacher. He claimed that having a woman teacher they had formerly known as a man would have a ‘devastating effect’ on Meadows’s pupils; apparently, she was trying to ‘project his personal problems on to impressionable young children’, while Meadows’s school, which supported her, was seeking to ‘elevate its “commitment to diversity and equality” above its duty of care to its pupils and their parents.’ Littlejohn concluded that if Meadows ‘cares so little for the sensibilities of the children he is paid to teach, he’s not only trapped in the wrong body, he’s in the wrong job’. The ensuing media frenzy involved personal pictures of Meadows being published in the national press, and paparazzi camping outside her home, forcing her to leave for work early and return late to avoid them. She complained to the Press Complaints Commission about the Littlejohn piece, but ultimately found the harassment unbearable.

Continue reading at Left Foot Forward

Friday, 29 March 2013 Posted by | Anti-Semitism, Libertarianism, Marko Attila Hoare, Political correctness, Transphobia | , , , , , , , , , , , , , , , | Leave a comment

Why was Momcilo Perisic acquitted ?

Perisic

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.

Tuesday, 5 March 2013 Posted by | Balkans, Bosnia, Croatia, Former Yugoslavia, Genocide, Marko Attila Hoare, Serbia | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Julie Burchill: What is behind her supporters’ talk of the ‘right to offend’ ?

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The Sunday before last, Britain’s leading liberal Sunday paper, The Observer, published an article by professional troll (‘columnist’) Julie Burchill, consisting of anti-transsexual hate-speech (‘a bunch of dicks in chick’s [sic] clothing’; ‘a gaggle of transsexuals telling Suzanne Moore how to write looks a lot like how I’d imagine the Black & White Minstrels telling Usain Bolt how to run would look’; ‘But they’d rather argue over semantics. To be fair, after having one’s nuts taken off (see what I did there?) by endless decades in academia, it’s all most of them are fit to do.’; ‘a bunch of bed-wetters in bad wigs’; ‘Shims, shemales, whatever you’re calling yourselves these days – don’t threaten or bully we lowly natural-born women, I warn you.’; etc.)

A barrage of complaints ensued from readers, not all of them trans. Lynne Featherstone, a Liberal Democrat member of the British government, tweeted that Burchill should be sacked. The Observer removed the article from its website, with the editor, John Mulholland, apologising for ‘the hurt and offence caused’. Burchill’s ‘censored’ article was then republished by Toby Young, a columnist for the conservative Daily Telegraph. The readers’ editor of The Observer then published a fuller statement, which again stressed the ‘offence’ caused by the article. A counter-barrage then ensued from right-wing and libertarian elements in the commentariat, who claimed that the removal of Burchill’s article from The Observer‘s website proved that Britain is a totalitarian state on the model of the Soviet Union, with its very own Thought Police to persecute the Politically Incorrect.

Vile, bigoted and hateful as Burchill’s article was, it was actually the least shocking element in this whole sorry story, which reveals the full extent of the moral degeneration of the British chattering classes. Much more shocking was the fact that one of our leading liberal newspapers would publish hate-speech directed against a vulnerable and widely persecuted minority. Not only did The Observer commission Burchill to write the piece in the full knowledge of what she was likely to say, it allegedly encouraged her to make the article more extreme and offensive than she might otherwise have done, in order to provoke a greater storm and increase its own viewing figures.

Perhaps still more shocking was the fact that many supposed liberals who should know better, seemed to be less concerned that The Observer had done this, than that the article was removed, since this was supposedly a grave violation of ‘freedom of speech’; moreover, of the ‘right to offend’. The real villain of the piece, some of them felt, was Featherstone, on the grounds that a government minister calling for a columnist to be sacked was a step towards Britain becoming North Korea.

This being so, it’s time to deal with a few of the straw men that the right-wing-libertarian commentariat-mafia has thrown up:

1) Burchill’s column was not ‘offensive’; it was hate speech. The principal problem was not that it ’caused offence’ to transsexual people (though this factor should not be dismissed as unimportant) but that an article of this kind, appearing where it did, served to legitimise and encourage persecution and harassment of transsexual people, thereby hurting much more than their feelings. For if our leading Sunday newspaper considers it acceptable to speak of trans people as ‘dicks in chick’s [sic] clothing’ or ‘a bunch of bed-wetters in bad wigs’, readers may draw the conclusion that this is a minority which it is right to ridicule and despise. And that when, for example, members of this minority are harassed in the streets by transphobic thugs, it is legitimate for bystanders to stand back and do nothing or even cheer on the attackers.

2) Repackaging hate speech as something that is ‘offensive’ is deliberately to prettify and sanitise it. The word ‘offensive’ has positive connotations; it makes one think of young people in the 60s growing their hair long and listening to rock and roll; or lesbian kissing on prime-time television; or sex scenes graphic enough to upset Mary Whitehouse; or punk haircuts and the Sex Pistols’ single ‘God Save the Queen’; or anything that might once have affronted the conservative mainstream.

Now that liberal values have conquered the mainstream, right-wing columnists would like to present themselves as mere iconoclasts challenging prudish liberal conformity. Whereas what they are really trying to do is to turn the clocks back to an era where it was acceptable to call black people ‘gollywogs’ and gay people ‘poofs’ and sexually emancipated women ‘tarts’. They would like to rehabilitate discourse that disempowers women, ethnic minorities, immigrants, gay people, transsexual people, and so on. If they succeed in making it acceptable once more to employ bigoted language against such categories of people in the mainstream press – the liberal press, no less – it will become acceptable once more to persecute them. Decades of legislation against discrimination and harassment in the workplace and public sphere will be undermined.

3) The ‘freedom of speech’ argument in defence of Burchill is a red herring. To the best of my knowledge, nobody has suggested that the state should take action to censor her or prevent her from writing or publishing wherever she is able. Protesters were, rather, urging that The Observer should not be hosting such articles. It should not need spelling out that in a democracy, in which people enjoy freedom of speech, they have the right to urge newspapers or other media outlets not to publish or host material that they consider inappropriate; and that the media outlets in question have the right not to publish or host material that they do not wish to publish or host. What the so-called champions of ‘freedom of speech’ seem to be arguing is that an independent newspaper like The Observer has no business removing an article from its website, and that its readers have no business urging it to do so. They are, in other words, a bunch of hypocrites.

4) Britain is not a totalitarian state or a state in which government ministers have the power to have journalists or columnists sacked from newspapers. Since Featherstone had no power to threaten The Observer or bring about Burchill’s dismissal (Burchill is, incidentally, a freelance writer rather than a sackable Observer employee), her call for Burchill to be sacked cannot be interpreted as an attempt to control the media, but was simply her expression of her personal opinion, which she has the right to give, since we live in a democracy in which even elected politicians enjoy freedom of speech. Again, the so-called champions of ‘freedom of speech’ are not as unequivocal in their defence of this right as they would like to pretend.

5) There is, probably, no group of people in the world who enjoy greater freedom of speech than British professional columnists of the Burchill variety, who are actually paid to write what they like and guaranteed vast audiences, irrespective of how little research and effort they put in (usually very little). The idea that members of this – in freedom-of-speech terms – ultra-privileged minority is in any way restricted in their freedom of speech is a joke. Their whining, on this score, is like the claims of persecution and exploitation made by members of the Republican mega-rich in the US at suggestions that they pay a higher rate of tax. Newspapers like columnists who ’cause offense’ because they create controversy, draw attention to the newspapers and sell more copies. Therefore, columnists boost their own market value by ‘causing offence’. Their talk of ‘freedom of speech’ in this case is simply a fig-leaf masking their defence of privilege and vested interests.

6) In mounting their assault on liberal values under the cover of defending ‘freedom of speech’ and the ‘right to offend’, the right-wing and libertarian commentariat is not so much seeking to restore traditional conservative values – which are largely dead, and in which they themselves do not particularly believe – but to promote a valueless society, in which every opinion is as valid as any other. They want a society in which well-off people pay as little tax as possible and are free to pursue self-enrichment and self-gratification with the fewest possible restraints, unfettered by any responsibilities or obligations to the wider society. For them, ‘freedom of speech’ is not so much about people being allowed to say what they think, but more about the entertainment provided by ‘offensive’ columnists and their own right to be so entertained. Public discourse is just a game to them.

Readers of this blog will be disappointed if I don’t somehow bring this issue back to the former Yugoslavia. So I’ll note that among the pioneers of this model of cynical and offensive commentary as entertainment masking an assault on liberal values was the magazine Living Marxism, which during the Bosnian genocide supported the Serb perpetrators, whose atrocities, it claimed, were fabricated by the Western media. Living Marxism and other such publications and individuals helped to make genocide denial acceptable in the mainstream media, and helped to ensure that the West would not intervene to halt the Bosnian genocide. Living Marxism was forced to close in 2000 after it was bankrupted in a libel case brought by the British media company ITN, over its accusation that the latter had deliberately deceived viewers in its coverage of the Serb concentration-camp Trnopolje, which Living Marxism claimed was not a camp at all, but a ‘detention centre’.

Among Living Marxism‘s supporters at that time was a certain Toby Young – today, the republisher of Burchill’s anti-transsexual rant. After being forced to close, Living Marxism re-emerged as ‘Spiked Online’, a website whose hallmark is to denigrate every liberal value as a reflection of racism or elitism (e.g. opposition to the far-right English Defence League is merely an expression of liberal-elitist hatred of the working-class; opposition to Japanese whale-hunting is an expression of Western anti-yellow racism; and so on). Spiked Online has also republished Burchill’s article, retitled as ‘Hey trannies, cut it out – Where do dicks in terrible wigs get off lecturing us natural-born women about not being quite feministic enough ?’ Burchill herself supported the Serbia of Slobodan Milosevic against NATO at the time of the 1999 Kosovo War (‘gorgeous, integrated, independent Yugoslavia’), in an article sprinkled with racist comments about Germans and Croats (‘scratch a Croat, find a Kraut’). She threw in a defence of Fidel Castro’s Cuba against ‘Uncle Sam’ for good measure.

From support for murderous regimes and genocide denial to anti-transsexual hate-speech; the progression is a natural one. I really don’t give a damn about the ‘right to offend’ of this pampered, privileged, malicious clique of paid loudmouths. Just as, thanks to people like them, ‘anti-imperialism’ became the defence of fascists and ethnic-cleansers, so they are turning ‘freedom of speech’ into the legitimisation of bigotry, hate-speech and abuse.

Stuff freedom of speech. As far as I’m concerned, the Politically Correct Thought Police can arrest a few of them and toss them in a gulag for a few years; it will give them something real to write and complain about for a change.

Tuesday, 22 January 2013 Posted by | Britain, Conservatism, Liberalism, Libertarianism, Marko Attila Hoare, Political correctness, The Left, Transphobia | , , , , , , , , , , , , , | Leave a comment

How the European Union endorses Bulgaria’s Holocaust revisionism

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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.

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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.

Friday, 21 December 2012 Posted by | Balkans, Bulgaria, Former Yugoslavia, Genocide, Greece, Jews, Macedonia, Marko Attila Hoare, Serbia | , , , , , , , , , , , , , , , , , , , , | Leave a comment

David Harland’s attack on the ICTY

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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.

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Ratko Mladic and Britain’s Michael Rose

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Slobodan Milosevic and the US’s Richard Holbrooke

GENERAL RATKO MLADIC

Ratko Mladic and the Netherlands’ Thom Karremans

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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.

Monday, 17 December 2012 Posted by | Bosnia, Croatia, Former Yugoslavia, Genocide, Kosovo, Marko Attila Hoare, Serbia | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

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

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

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

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

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

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

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

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

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

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

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

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

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

Alan Mendoza’s Henry Jackson Society and William Shawcross’s Charity Commission

Before the last British general election, I expressed the hope that under David Cameron’s leadership, the Conservatives might become a centrist counterpart to New Labour. In retrospect, this was very naive, and the left-wing Cassandras were right: whereas Cameron’s coalition government has followed a generally progressive, Blairite foreign policy, its domestic policy has been aggressively Thatcherite; arguably more so than was Thatcher’s own. The dynamic at work within the Conservative Party appears to be the opposite to that within the Labour Party under Neil Kinnock, John Smith and Tony Blair in the 1980s and 1990s: instead of a moderate leader reining in the radicals, the radicals are pushing the leader away from the centre ground. In the words of the Daily Telegraph‘s Peter Oborne, the Conservative Party is ‘out of control’. Cameron appears to have wanted to temper his government’s economic Thatcherism with some socially and constitutionally liberal policies such as legalising gay marriage and House of Lords reform, but this is not being permitted him by his party; a party that did not even win the last election, but behaves as if it has a mandate to reshape the country according to its own image.

Indeed, what is striking about this contemporary Conservative Party is not merely its actual politics, but the arrogance and sense of entitlement that its politicians and supporters exhibit. My own experience in working with a Tory-dominated organisation, the Henry Jackson Society (HJS), which I left at the start of this year, has confirmed me in this view. The HJS is a registered charity that describes itself as a ‘think-tank’, and is perhaps the loudest voice in Britain in favour of war with Iran, if necessary to prevent the country acquiring nuclear weapons. But over and above this, it acts as a network for members of the British elite, particularly Tories, in which – to put it tactfully – boundaries become somewhat blurred.

Aspiring Conservative Party politician Alan Mendoza is a director of at least six registered companies, including the Henry Jackson Society. He received £75,000 in remuneration in 2011 for his work as Executive Director of the HJS; it was an increase of 63.64% on the £45,833 he received for the job in 2010. Mendoza is not only the HJS’s Executive Director, but also one of its trustees, therefore a member of the body that determines his own remuneration. Meetings of the HJS’s board of trustees are quorate with only three of the eight members present, and Mendoza is the only trustee whose signature appears on the trustees’ report and accounts for 2011. The HJS is currently advertising for a personal assistant for Mendoza, with a salary of up to £30,000.

Mendoza is not the only HJS trustee to enjoy also a staff position in the organisation. Lady Caroline Dalmeny was appointed to the board of trustees in July 2010. She was formerly of Saatchi and Saatchi and the Conservative Central Office, and was political assistant for Michael Portillo when he was Secretary of State for Defence and for Lord Strathclyde, Leader of the Opposition in the House of Lords. According to Tatler, ‘Auctioneer Lord Dalmeny’s wife hosts fabulous shooting weekends at their Scottish estate, Dalmeny House. She also once played a cameo part in a film, Scooterman, alongside Ed Stoppard, and has written about the joys of having a “manny” – she’s a mother of five children under 10, including triplets. Makes cracking roast beef.’

During 2011, Dalmeny’s husband, Lord Harry Dalmeny, UK deputy chairman of Sotheby’s, donated interest-free loans totalling £250,000 to the Henry Jackson Society. In 2012, Lady Dalmeny was appointed Associate Director of the HJS, therefore Mendoza’s immediate office subordinate. She has a BA (Hons) from UCL, and is in the process of completing a postgraduate degree at King’s College London. The HJS website describes her as ‘an expert in defence, military history and international relations, an activist for the rights of women in failed states [who] is currently focusing on Afghanistan, Pakistan, East Africa and US-UK relations.’ Her work has not yet appeared on the HJS website.

The HJS is a registered charity, and according to the Charity Commission’s guidelines, ‘a charity cannot exist for a political purpose, which is any purpose directed at furthering the interests of any political party, or securing or opposing a change in the law, policy or decisions either in this country or abroad.’ Nevertheless, when Mendoza was asked in July 2008 by the organisation ConservativeHome ‘to offer 100 word thoughts on how the Conservatives might make some ground on foreign policy’, he responded in his capacity as Executive Director of the HJS, asserting that with ‘Labour heading down the route of international irrelevance, Conservatives should have the courage to explore where to stand on’ various issues.

It is a moot point whether the Charity Commission will ensure that the HJS will abide by its guidelines. The Charity Commission’s new chair, William Shawcross, told the Civilsociety.co.uk website this month: ‘Most of the 160,000 registered charities don’t require regulation – they’re small and they get on with their work properly and independently and it’s only a few that do require to be looked at.’ Shawcross is politically somewhat to the right of Lord Voldemort, and on 19 October 2011 was appointed a member of the board of directors of none other than the Henry Jackson Society.

Shawcross agitated for a Conservative victory in the last general election, on the grounds that ‘New Labour has forced Britain to become a mere piece of the bland but increasingly oppressive Bambiland of the E.U., promoting such PC global issues as gay rights (except in Muslim lands) and man-made climate change’, and ‘Those who hate the rise of the British National Party should blame Labour, not the poor white voters whom Labour abandoned and whose lives have been changed forever by uncontrolled immigration. Last week, two London taxi drivers told me that they were going to vote BNP because it’s the only party that cares at all about them.’ Shawcross has described Guantanamo Bay as representing ‘model justice’ and as being ‘probably the best-run detention centre in the world and with more habeas corpus rights for detainees than anywhere else’, and has claimed that ‘Rupert Murdoch has been the bravest and most radical media owner in Britain in the last 40 years’, whose ‘real crime is to have challenged liberal conventions in the US and here.’

William Shawcross

It was announced on 29 August 2012 that Shawcross was the government’s preferred candidate to head the Charity Commission, and he was elected to the role at a meeting of the Public Administration Select Committee of the House of Commons on 5 September. At the meeting, his membership of the HJS featured prominently in the discussion. One of the participants, Labour MP Paul Flynn, had this to say: ‘A pre-appointment hearing to decide whether William Shawcross is sufficiently politically independent to do the job as head of the Charity Commission. Three of us thought he was not. Four Tories thought he was.’ The chair of the Public Administration Select Committee was Conservative MP Bernard Jenkin, himself a member of the Political Council of the Henry Jackson Society, for which he has contributed analysis. Another Conservative member of the committee that elected Shawcross was Robert Halfon MP, who declared ‘that I was a founding patron of the Henry Jackson Society when it was first set up and I am fairly involved with the organisation.’ Halfon is also a member of the HJS’s Political Council. In the view of Fraser Nelson, editor of the Spectator, Shawcross’s appointment was a ‘declaration of intent’ on the part of the government to deal with ‘Labour’s new fifth columnists’ in the ranks of the charities.

Flynn said during the meeting that ‘The Henry Jackson Society is a promoter of a particular view in this House, which is representing rightwing American opinion.’ Shawcross promised that, were he elected chair of the Charity Commission, ‘Obviously I would wish to resign all my memberships of the Henry Jackson Society and other charities with which I am involved.’ Since his election, the old HJS charity has been formally dissolved and a new HJS charity has been registered, of which Shawcross is no longer listed as a trustee. However, he was until recently still listed on various corporate databases as a member of the board of directors of the Henry Jackson Society registered company, whose membership is otherwise identical to the board of trustees of the registered charity.

Shawcross’s biography on the Charity Commission’s website makes no mention of his past involvement with the HJS. However, the website still lists him as the sole trustee of the charity ‘Response’, as does his personal website. Shawcross has a somewhat uneven record as regards respecting Charity Commission guidelines; he chaired Response for 23 years, but as the website Civilsociety.co.uk revealed this month, he ‘did not bother to file its annual update within the recommended good-practice deadline for four out of the last five years… the charity, Response, only filed its updates for 2011 and 2012 five days before Shawcross was announced as preferred candidate for the job [of Charity Commission chair], and the updates for 2010 and 2009 were submitted in June and May of this year.’

Still, no doubt all the rules are being obeyed to the letter.

Update: Since this article was published, Shawcross’s resignation from the board of directors of the HJS has been published as having occurred on 30 September 2012. This article has been modified accordingly.

Below: Alan Mendoza turns on the charm in a debate over Iran at the Cambridge Union Society.

Tuesday, 13 November 2012 Posted by | Britain, Iran, Marko Attila Hoare, Neoconservatism | , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Abortion: Mehdi Hasan has highlighted a dilemma that liberals fear to face

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In the UK in recent weeks, the abortion issue has flared up again, thanks to the call by Women’s Minister Maria Miller to lower the legal time-limit for abortions from 24 to 20 weeks after the start of pregnancy; the statement of the Health Secretary, Jeremy Hunt, that he favours a limit of 12 weeks; and the surprise article in the Huffington Post by Mehdi Hasan, former political editor of the flagship left-wing periodical New Statesman, arguing that being ‘pro-life’ does not prevent him from being left-wing.

As an atheist from a left-wing background, my ‘pro-choice’ loyalties were once clear. But as on so many other issues, greater learning and personal experience have forced me to reevaluate my position on this one as well. I find it difficult to believe that anyone who has seen pictures or ultrasound scans of even 12-week-old fetuses can be quite so categorical that they are not little human beings, rather than just disposable ‘clumps of cells’. This does not invalidate the contemporary feminist call for women to have control over their reproduction and be spared the horrors of backstreet abortions. But it does require some reconciling of the rights of adult women vis-a-vis those of unborn babies. As the pro-life feminist writer Rachel MacNair has written, ‘There should not be a conflict between women and unborn children. The rights of both must be asserted against a society that is cruel to both.’

Unfortunately, while ‘pro-life’ groups and websites do frequently address the issue of women’s rights and interests – albeit from a standpoint that is sometimes a bit too right-wing or religious for my own taste – ‘pro-choice’ writers in liberal publications such as The Guardian remain brutally categorical in their refusal to recognise the humanity of unborn children. Yet there are reasons why hardline ‘pro-choice’ advocacy clashes with genuine liberal and, indeed, feminist values.

To begin with, abortion is a practice that is quite literally used to exterminate large numbers of female human beings, forming a central element in what is known as ‘gendercide’. In China, as many as 9 million abortions, possibly as many as 13 million, are carried out every year. These abortions disproportionately target baby girls. According to the website All Girls Allowed, which campaigns against China’s One Child Policy, there are 120 boys born in China today for every 100 girls. The One Child Policy, combined with the traditional preference for boys over girls, ensures the mass killing of baby girl fetuses through abortion, resulting in a vast gender imbalance in favour of men over women. According to the same source, in 2005 there were 32 million more men than women under 20 in China. Abortion is not the only reason for this imbalance; outright infanticide, too, is practised. Thus, in China’s Liaoning province, a newborn baby girl was discovered this summer in a plastic bag in a rubbish bin – her throat cut, but still alive. Sometimes the border between abortion and infanticide in China is a fine one: ‘In other cases, midwives have been reported to deliver “stillborn” girls by strangling the female infant with the umbilical cord as she is delivered.’

In terms of the legal time-limit for abortion, China is more ‘liberal’ than the UK, and abortions are legally allowed up to twenty-eight weeks after the start of pregnancy – and frequently performed later than this. This is not, it should be said, always on the basis of the ‘woman’s right to choose’ – woman are frequently forced to undergo involuntary late-term abortions, as was the case for Feng Jianmei, who was abducted earlier this year by family planning officials seeking to uphold the One Child Policy. Dragged bodily to a hospital, she was physically restrained while she received an injection to kill her seven-month-old fetus. Feng describes how she was held down while ‘I could feel the baby jumping around inside me, but then she went still’. The baby’s corpse was then left on the bed next to Feng, for her family to dispose of.

India, China’s fellow misogynistic giant, is developing a similar gender imbalance, as girls and women are killed through a combination of sex-selective abortion, infanticide and bride-murder – prompted largely by the expense of providing dowries for daughters, or by the failure of families to pay them. A bride whose family fails to pay her dowry may be tortured or murdered; even burned to death by her in-laws. According to women’s right’s activist Ruchira Gupta, ‘It’s the obliteration of a whole class, race, of human beings. It’s half the population of India’. One woman, who was punished by her family for giving birth to girls instead of boys, and forced repeatedly to undergo abortions, describes her experience: ‘Kulwant still has vivid memories of the first abortion. “The baby was nearly five months old. She was beautiful. I miss her, and the others we killed,” she says, breaking down, wiping away her tears. Until her son was born, Kulwant’s daily life consisted of beatings and abuse from her husband, mother-in-law and brother-in-law. Once, she says, they even attempted to set her on fire. “They were angry. They didn’t want girls in the family. They wanted boys so they could get fat dowries,” she says.’

Every year in India, as many as 11 million abortions are carried out and as many as 20,000 women die every year from complications arising from the procedure. Female fetuses are fed to dogs by doctors. On one recent occasion, children were found playing with a five-month-old female fetus they had found in a rubbish dump and mistaken for a doll. All of which makes very prescient the question once posed, in relation to abortion, by the veteran US suffragist Alice Paul (1885-1977), who had previously played a decisive role in securing the right to vote for American women in 1920: ‘How can one protect and help women by killing them as babies ?’ (quoted in Angela Kennedy, ed., Swimming against the Tide: Feminist Dissent on the Issue of Abortion, Open Air, 1977, p. 23).

In the poorer and more rural parts of India, unwanted children are often dealt with without the restraint of pesky conservative time limits for abortion, through the practice of infanticide after birth. According to one account: ‘Largely it is women—the mothers themselves, midwives, mothers-in-law or paternal grandmothers—who preside over the murders, sometimes with the stoic indifference of pagan goddesses, at other times with the limp desperation of sacrificial victims. They talk about the intolerable shame of not having produced a son or the unbearable future of daughters and they push the rice grain into the baby’s windpipe, or shake it until its neck snaps, or drown it in a bucket of water.’ Liberals in the West would probably lament the tragedy of Indian women being forced to behave in this way, not celebrate their ability to do so as a sign of emancipation. But we would be hypocritical, for our own system for getting rid of unwanted babies is merely more moderate, not fundamentally different, and we have not liberated women from the huge economic and social pressures that lead them to engage in it.

Thus, here in the UK, we have not succeeded in making unwanted pregnancy less terrifying for many women. We have not removed the stigma or shame from unwanted pregnancy. We have not provided enforceable guarantees that women’s careers will not suffer from having children. We certainly have not provided working women with proper childcare provisions. In short, we have not pressed society to adapt to support pregnant women and mothers. Instead, the pressure is on women to stifle their reproductive powers and maternal instincts, and for unborn babies to be stifled altogether, more or less literally – nearly 200,000 abortions are performed in the UK each year. This is spoken of in terms of the ‘women’s right to choose’. It is a moot point just how much ‘choice’ a British woman struggling to support existing children on a limited income, with an unsupportive family and non-existent male partner, really has.

One of the consequences of portraying abortion in terms of a ‘woman’s right to choose’ is that it absolves fathers of any responsibility for unwanted children. Without legalised abortion, an unwanted child is the responsibility of the man who impregnated the woman, as much as of the woman herself. With legalised abortion, the man may feel that it was solely the woman’s ‘choice’ to proceed with the pregnancy, and feel no compulsion to support her motherhood. Or he may feel he is legally entitled to pressurise her into having an abortion. Catherine Spencer has written of her guilt and remorse in allowing pressure from her partner and fear of single motherhood to lead her to seek a termination: ‘I am a woman who had an abortion after intense pressure from my partner. In other words, there was an unborn child – or if that word seems too emotive, too shocking, a potential child – and the parents of that child, or potential child took a decision for it to die… As I write, the “understanding” and the rationalizations are back in place and I once more feel the compassion for myself that I have trained myself to feel. Yet somewhere within, beyond the reach of my rational mind, the sense of horror continues unabated and is apt to resurface.’ (Catherine Spencer, ‘Obstinate Questionings: An Experience of Abortion’, in Kennedy, Swimming against the Tide, pp. 96-97).

There is no straightforward correlation between the legal ‘right’ of women and girls to do things and their emancipation; we need only think of the ‘right’ to marry a man who is already married, or the ‘right’ to marry a much older man while still in one’s early teens – ‘rights’ that are available to women in some non-Western countries. Nor do we necessarily view ‘the right of women to control their own bodies’ as reflecting their emancipation. For example, the ‘right’ to have breast implants; the ‘right’ to starve oneself half to death in order to pursue a career as a model; the ‘right’ to sleep with men in exchange for money. The French porn star Lolo Ferrari controlled her own body by having such huge breast implants that they prevented her from breathing properly, which helped her career but possibly contributed to her death at the age of thirty-seven, as Germaine Greer has written. Generally speaking, the ‘right’ of women to undergo brutal, frequently traumatic and potentially harmful surgical procedures that are medically unnecessary is not seen as indicative of their emancipation.

Abortion is, therefore, something of an anomaly for liberals and feminists. Yet it was not always so: up until about the 1960s, feminist opinion predominantly saw abortion in negative terms, from Britain’s Mary Wollstonecroft and Sylvia Pankhurst to the US’s Susan B. Anthony, Elizabeth Cady Stanton and Alice Paul. In the words of the left-wing suffragette Sylvia Pankhurst (1882-1960), ‘It is grievous indeed that the social collectivity should feel itself obliged to assist in so ugly an expedient as abortion in order to mitigate its crudest evils. The true mission of society is to provide the conditions, legal, moral, economic and obstetric, which will assure happy and successful motherhood.’

Feminist supporters of female reproductive freedom championed contraception as an alternative to abortion. In the words of Margaret Sanger (1879-1966), the founder of Planned Parenthood in the US, ‘While there are cases where even the law recognizes an abortion as justifiable if recommended by a physician, I assert that the hundreds of thousands of abortions performed in America each year are a disgrace to civilization… If the laws against imparting knowledge of scientific birth control were repealed, nearly all of the 1,000,000 or 2,000,000 women who undergo abortions in the United States each year would escape the agony of the surgeon’s instruments and the long trail of disease, suffering and death which so often follows… For contraceptive measures are important weapons in the fight against abortion.’ According to Marie Stopes (1880-1958), the British pioneer of contraception, ‘The desolate effects of abortion and attempted abortion can only be exterminated by a sound knowledge of the control of conception. In this my message coincides with that of all the Churches in condemning utterly the taking of even an embryonic life.’ (Marie Carmichael Stopes, Wise Parenthood: The treatise on birth control for married people – a practical sequel to Married Love, 8th ed., Putnam, London, 1922, p. 10). It is ironic that both Planned Parenthood and Marie Stopes International are today major providers of abortion.

As indicated above, sex-selective abortions in India and China are used overwhelmingly to kill baby girls. Yet even in these brutally anti-woman, pro-abortion societies, sex-selective abortions are formally illegal. In the UK, which does not suffer such a gender imbalance, they are similarly not permitted. Somehow, the callousness with which Western liberal opinion treats unborn life does not quite extend to supporting the right to abort a baby just because it is a girl and the parents wanted a boy, though if one really believes that a fetus is just a clump of cells and that all that matters is the mother’s right to choose, it is unclear why not.

Yet if we do not deliberately target girls for extermination through abortion, there is another underprivileged group we most certainly do target: the disabled. Here in the UK, the overwhelming majority of unborn babies screened as having Down’s syndrome, spina bifida or cerebral palsy are aborted. British law discriminates against unborn disabled babies, whose lives can be legally terminated beyond the normal 24-week limit and all the way up to birth – even if their ‘abnormality’ is very minor. A decade ago, the Reverend Joanna Jepson, a woman born with a deformed jaw and whose brother has Down’s syndrome, sought justice for a 28-week-old fetus who was aborted because it had a cleft palate; a baby that could have been born, grown up, gone to university and had a career and a sex life, instead had its life ended, because it had a minor deformity that could have been easily corrected by surgery. In Jepson’s words: ‘This law needs to be tightened, it isn’t right that babies lose their lives for trivial reasons.’ Yet instead of improving our society to give due respect and freedom for disabled people, we usually kill them before they are born. This is the same Britain that indulged in an orgy of self-satisfaction this summer over our Paralympic Games.

Image: Mandeville probably would not have survived his mother’s pregnancy in the UK.

In sum, abortion is a tragic symptom of society’s failure to support mothers, babies, the disabled and the poor. Criminalisation is not the answer; as a general rule, women who seek abortions should not be judged, let alone put in a position where they feel compelled to break the law. A gradual solution may perhaps be sought through better education about sex, reproduction and ethics, and social improvements for pregnant women and mothers. But this will not happen so long as liberal opinion views abortion as reflecting women’s emancipation, rather than the incompleteness of their emancipation.

Monday, 22 October 2012 Posted by | Abortion, India, Marko Attila Hoare, Misogyny, Political correctness, The Left | , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment