The judgement on Radovan Karadzic will confirm the criminal character of Republika Srpska’s wartime leadership
This interview with me was published in Bosnian in Dnevni Avaz on 23 March
On 24 March, the tribunal in The Hague will pronounce its judgement for the case of Radovan Karadžić for war crimes and genocide. What do you expect from the judgement ? Will it bring justice for the victims ?
I expect that Radovan Karadzic will be convicted on the majority of counts, which will result in him spending the rest of his life in prison. I don’t expect him to be convicted on the first count of genocide, regarding the municipalities outside of Srebrenica – even though the ICTY Appeals Chamber ruled in 2013 on the Karadzic case that sufficient evidence existed to establish the actus reus of genocide for this count. ICTY Trial Chambers have, to date, failed to convict suspects of genocide outside of the Srebrenica massacre of July 1995. This contrasts with judges in Germany, who have, through the cases of Nikola Jorgic and Maksim Sokolovic in the 1990s, convicted suspects of genocide and related crimes in Bosnia outside of Srebrenica. The European Court of Human Rights, in dismissing Jorgic’s appeal in 2007, confirmed that crimes consistent with the international legal definition of genocide occurred in northern Bosnia in 1992. Therefore, if the ICTY, as seems likely, fails to convict Karadzic on the first count of genocide, then the victims will not have received proper justice. To this should be added the facts that, so far, no official of Serbia has yet been convicted of war-crimes in Bosnia-Hercegovina, and that the two most senior Bosnian Serb convicts to date, Biljana Plavsic and Momcilo Krajisnik, are both already free after serving relatively short terms in prison. We cannot therefore conclude that the victims have received proper justice.
What could be the consequences of the judgment for Bosnia ? Can we except tensions among the people, Bosnian Serbs and Muslims? Or could it be a step to final justice ?
The judgement is unlikely to have major consequences for Bosnia, since it is likely to confirm the established narrative about the Bosnian war. Thus, it will not provide support for those who want to deny Serb-extremist crimes altogether, nor to those who seek recognition of the genocide outside of Srebrenica. Milorad Dodik and other Serb nationalists will continue to claim that the ICTY is anti-Serb, while the victims and their representatives will continue to feel that they have not received proper justice. The judgement will at least establish definitely the criminal character of the wartime political leadership of the Republika Srpska – already indicated by the convictions of Plavsic and Krajisnik – and in that sense will provide a small step towards final justice. But final justice remains a long way in the future.
A selection of articles from the blog Greater Surbiton has been published in book format by the Centre for Advanced Studies in Sarajevo, and can be downloaded in PDF format for free via its website. The following is the foreword to the book:
The articles in this volume were published on my blog, Greater Surbiton, since its launch in November 2007. Although Greater Surbiton was devoted to a number of different themes – including the southern and eastern Balkans, Turkey and Cyprus, Russia and the Caucasus, the meaning of progressive politics and the fight against Islamophobia, anti-Semitism and other forms of chauvinism – Bosnia-Hercegovina and the former Yugoslavia were at all times central to it. Twelve years after Dayton, when the blog was launched, the war over the former Yugoslavia was being waged as fiercely as ever – not on the battlefield, but in the realm of politics and ideas, both in the region and in the West. Genocide deniers and propagandists who sought to downplay or excuse the crimes of the Milosevic and Karadzic regimes of the 1990s – people like Diana Johnstone, Michael Parenti, David N. Gibbs, Nebojsa Malic, John Schindler and Carl Savich – continued their ugly work. Yet the ongoing struggle to counter their falsehoods was just one front in the wider war.
The period since 2007 has witnessed the rise of Milorad Dodik’s separatist challenge to the precarious Bosnian-Hercegovinian unity established at Dayton, and the consequent degeneration of the post-Dayton political order in the country; the declaration of Kosovo’s independence and Belgrade’s efforts to derail it; the struggle in Serbia between reformist and nationalist currents; the increasingly aggressive challenge of Russia’s Vladimir Putin to the West, manifested most starkly in the attacks on Georgia in 2008 and Ukraine in 2014, but also in support for Belgrade over Kosovo and for Dodik in Bosnia-Hercegovina; the increasingly apparent failure of the International Criminal Tribunal for the former Yugoslavia to punish adequately the war-criminals of the 1990s, despite the spectacular arrests of Radovan Karadzic in 2008 and Ratko Mladic in 2011; and the increasingly stark failure of Western leaders to confront murderous tyrants like Putin, Sudan’s Omar Hassan al-Bashir and Syria’s Bashar al-Assad – reminiscent of their failure in the 1990s over Bosnia-Hercegovina.
Today, the truth about the war in the former Yugoslavia is more widely known and understood than ever. The battle for the recognition of the Srebrenica genocide worldwide has largely been won; the remains of most victims of the massacre have been identified and reburied. The deniers and their narrative have been largely discredited. Yet the Bosnian question is further from a happy resolution than ever, while the West – the US, EU and their allies – look less likely to lead positive change in the region than they did a decade ago. Kosovo’s full international recognition is still being blocked by Serbia and Russia; Macedonia, kept out of the EU and NATO by Greek nationalist intransigence, is in crisis; not a single official of Serbia has yet been found guilty by the ICTY for war-crimes in Bosnia-Hercegovina, or is likely to be in the future; and leading former-Yugoslav war-criminals such as Biljana Plavsic and Momcilo Krajisnik have been released after serving short prison-terms in comfortable conditions.
The outcomes of the struggles tracked by my blog have therefore been far from unambiguously happy. Yet the politics and recent history of Bosnia-Hercegovina and the rest of the former Yugoslavia are much better understood than they were a decade ago; new generations of scholars, analysts and activists are discovering and explaining more all the time. I hope that the articles contained in this volume have made a contribution to this process of discovery.
Marko Attila Hoare, June 2015
The following article was published by the Holocaust Memorial Day Trust on 8 July, to mark the twentieth anniversary of the Srebrenica massacre:
This week marks the 20th anniversary of the Srebrenica massacre of July 1995, when rebel Bosnian Serb forces carried out an act of genocide that claimed the lives of over 8,000 Bosniaks (Bosnian Muslims). In the interval, the world has come a long way towards acknowledging the crime. The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Court of Justice (ICJ) have both recognised that genocide was committed at Srebrenica. The European Parliament in 2009 voted overwhelmingly for a resolution calling upon all EU member states to adopt 11 July, the anniversary of the start of the massacre, as a day of commemoration. Consequently, the UK held its first Srebrenica memorial day event in 2013, and is currently sponsoring a resolution at the UN to mark the 20th anniversary. Bosnian Serb officers have been found guilty by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Bosnian state court of genocide and other offences in relation to Srebrenica. The two leading Bosnian Serb perpetrators, Radovan Karadžić and Ratko Mladić, are currently on trial at The Hague for the genocide.
The world has come a long way, but from an ignominious starting point. The Srebrenica massacre did not come out of the blue; it was the crowning atrocity of a genocidal killing process that had begun over three years earlier, in the spring of 1992, and unfolded before the cameras of the global media. Not only did the international community – the United Nations (UN), European Union (EU), NATO and other bodies – not intervene to halt the genocide, but what intervention did take place made the situation worse. The UN maintained an arms embargo that hampered the ability of the fledgling Bosnian army to defend its citizens from the heavily armed Serb forces. The British and other Western governments resisted calls for military intervention to halt the killing, instead seeking to appease the perpetrators by accommodating their demands for the carving out of a Bosnian Serb territorial entity through the dismemberment of Bosnia-Hercegovina. Consequently, the Bosnian Serb leaders embarked on the massacre at Srebrenica in the fully justified belief that the world would not stop them, but would recognise their conquest of the town. UN officials blocked NATO air-strikes to defend Srebrenica, and the Dutch UN peacekeeping force supposedly defending this UN ‘safe area’ then abandoned or turned over to the killers the Bosniak civilians seeking their protection. The Dayton Accords that ended the war in November 1995 recognised the town of Srebrenica as part of Republika Srpska, the Bosnian Serb entity. Srebrenica was not just the shame of Serbia and the Serb nation, but the shame of Europe, the West and the world as well.
Continue reading at the Holocaust Memorial Day Trust website.
A ‘federation’ between Serbia and the Bosnian Serbs was mooted by the Clinton Administration in autumn 1994
[…]Prevented by Congress, NATO allies or its own disinclination from putting pressure on either side, the Clinton Administration [in autumn 1994] hinted at still more concessions both to the Bosnian Serbs and to Serbia in the hope of coaxing them to end the war. Up until the UN-hostage crisis of late May 1995, Washington was offering to lift sanctions against Belgrade if the latter recognized Bosnia and Croatia. Throughout the Bihac crisis, the Clinton Administration remained officially opposed to a confederation between the Republika Srpska and Serbia, according to officials in the State Department. On 29 November, leading US Contact Group member Charles Thomas told Bosnian leaders in Sarajevo that the United States did not support such a confederation. Yet that very day, Perry stated that ‘One thing that would be considered is allowing a federation between Bosnia Serbs and Serbs [of Serbia].’ Galbraith had in March 1994 spoken of the Federation of Bosnia-Hercegovina as a step towards the reunification of Bosnia through its eventual inclusion of the Serb-held areas. McCurry now, in November, spoke of the Federation as a precedent for Bosnia’s partition, suggesting a ‘federated formula’ for the Bosnian Serbs modeled on the links between Bosnian Croats and Croatia established through the Washington Agreement. Lake euphemistically put it to Alkalaj that the parties to the conflict should be ‘free to negotiate their own alliances.’ Christopher, when asked whether a concession to the Bosnian Serbs of this kind did not amount to ‘appeasement,’ argued that it ‘wouldn’t be appeasement’ if it were ‘agreed to by the parties,’ perhaps forgetting that the Czechs had ‘agreed to’ the Munich Agreement of 1938.
Such rhetorical twists reflected the Clinton Administration’s attempts to pursue its own conciliatory policy while paying lip service to the harder line demanded by Congress. Contrary to previous promises, in early December US ambassador to Bosnia Charles E. Redman did indeed offer a confederation between the Republika Srpska and Serbia to Karadzic during talks at Pale. The memorable oxymoron used by Administration officials to describe the main aim of US policy, to ‘preserve Bosnia as a single state within its existing borders while providing for an equitable division of territory between the Muslim-Croat Federation and the Bosnian Serb entity,’ encapsulates this approach. The Administration not only ‘talked unity and acted partition,’ as one Senate source told the The Christian Science Monitor, but it talked unity and talked partition in one and the same sentence. This principle was to be enshrined in the text of the Dayton Accords, which stated ‘Bosnia and Herzegovina shall consist of the two Entities, the Federation of Bosnia and Herzegovina and the Republika Srpska’ and ‘The Entities shall have the right to establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.’
Contradictory statements of policy by different individuals within the Clinton Administration, or indeed by the same individual at different times, were not purely a reflection of cynicism on the part of the leadership. They reflected also genuine differences between different branches of the Administration. Harris and Walker, two State Department officials who resigned in protest at what they saw as Clinton’s betrayal of Bosnia, have described the State Department before the policy shift as sympathetic towards the Bosnians, cynical of the Administration’s policy and supportive of strong intervention and a lifting of the arms embargo. According to them, officials in the Pentagon were more opposed to military intervention, though Walker argued that this derived more from obedience to Clinton than to their own convictions. According to Harris, top officials in the Pentagon would have been comfortable with a Serb victory that would have brought the war to a quicker conclusion, whereas the working levels of the State Department feared this would result in further destabilization of the region.
Continue reading at Journal of Slavic Military Studies, vol. 24, no. 1, January 2011, pp. 88-114
Scholarly interest in genocide has grown exponentially over the past two decades, due largely to two high-profile genocides during the first half of the 1990s: the genocide in Rwanda of 1994 and, in particular, the genocide in Bosnia- Hercegovina of 1992–95. Yet, paradoxically, the Bosnian genocide has inspired relatively little original research from scholars outside of Bosnia-Hercegovina itself. This article will examine the existing literature while suggesting a theoretical and historical framework by which the genocide might be understood. It will examine how far the genocide can be explained through internal versus external causes, ideological determination versus contingency, and short-term versus longterm factors.
The claim that the organized mass violence carried out by Serb authorities and forces in Bosnia-Hercegovina in 1992–95 constituted ‘genocide’ has divided genocide scholars, but received strong support from some. For example, in reference to the 1990s, Eric D. Weitz (2003:235) writes: ‘as an eminently twentiethcentury dictatorship, Serbia made ethnic cleansing and genocide a cause not only of the state but also of the population as well’. Norman M. Naimark (2001:160) writes of the ‘genocidal treatment of the Muslim population in the first months of the war [in Bosnia]’. Adam Jones (2006:212–27) applies the term ‘genocidal’ to Serb atrocities in Croatia, Bosnia, and Kosovo, and Martin Shaw (2007:48–62, 130, 148) argues that ethnic cleansing must be categorized as ‘genocide’, a termhe applies to Serb atrocities in both Kosovo and Bosnia. Other genocide scholars challenge this categorization (Mann 2005; Semelin 2007). Nevertheless, detailed scholarly studies of the mass violence in Bosnia-Hercegovina by Smail Cekic (2004), Edina Becirevic (2014), and Norman Cigar (1995), among others, have supported the view that this was, indeed, a case of genocide.
The international courts have been unanimous in declaring the Srebrenica massacre of July 1995 a case of genocide, with both the International Court of Justice (ICJ) and International Criminal Tribunal for the former Yugoslavia (ICTY) ruling that it was.1 But the verdict regarding other acts of mass violence perpetrated in Bosnia-Hercegovina in 1992–95 has been ambiguous.
Continue reading at Studies in Ethnicity and Nationalism, vol. 14, no. 3, 2014
This interview with Marko Attila Hoare was conducted by Bisera Fabrio for Jutarnji list and published in Croatian on 20 June 2014
Who started the war ?
World War I was a conflict with multiple layers. It began as a Balkan conflict between the two Balkan powers, Austria-Hungary and Serbia, but quickly expanded to become a war of Germany against the Franco-Russian alliance, after which other Great Powers and Balkan powers joined the war on one side or the other. So it did not have one single aggressor. The Sarajevo assassination was engineered by leaders of the extreme-nationalist, terrorist Serbian organisation ‘Unification or Death’, also known as the ‘Black Hand’, which must bear responsibility for provoking the Austro-Hungarian declaration of war on Serbia. However, the assassination did not reflect the policy of the Serbian government, and Vienna’s decision to go to war against Serbia was an expression of long-standing Austro-Hungarian imperialist plans. Austria-Hungary and Serbia each had predatory, expansionist designs against each other. However, Austria-Hungary, as the much bigger power, whose leadership officially decided on war, bears the greater responsibility for the outbreak.
Was the fatal shooting by Gavrilo Princip the true cause or simply the formal pretext for a great war that had long been ‘cooking’ ?
The Sarajevo assassination was the spark for the outbreak of a conflict that would almost certainly have happened anyway. However, it was not accidental that the conflict broke out over an event in the Balkans. Austria-Hungary had for decades sought to control Serbia, but Serbia had in the years before 1914 – particularly since 1903 – increasingly moved away from Vienna’s influence. Serbian leaders had long-term plans to ‘liberate’ or annex South Slav territory in Austria-Hungary, and the Black Hand supported terrorist acts like the Sarajevo assassination as part of a deliberate expansionist strategy. Austria-Hungary, for its part, sought to extend its imperial influence southward into the Balkans and viewed Serbia as lying in its natural path for expansion. Beyond this, Germany viewed the Balkans and the Ottoman Empire – the Near East – as a key sphere of influence, after it had largely been shut out of other areas for imperial expansion by the British and French. Russia viewed the possibility of Austro-German expansion into the Balkans as a mortal threat. France competed with Germany for influence over the Balkan states, while Italy competed with Austria-Hungary for influence over the Albanian lands. So the Balkans and Ottoman Empire were a key area of dispute – probably the most important area of dispute – between the Great Powers. Consequently when the assassination crisis broke out in June 1914, neither Austria-Hungary nor Germany nor Russia felt it could retreat.
Was it possible that the citizens of Austria-Hungary, that early summer in 1914, really did not expect any kind of military conflict, let alone a long war that would bring down the Monarchy ?
The citizens or subjects of the Habsburg monarchy were divided over how they viewed the crisis that erupted in June 1914. The war party, represented most prominently by the joint Austro-Hungarian foreign minister Count Leopold von Berchtold and by Chief of General Staff Conrad von Hoetzendorf, was determined to attack Serbia following the assassination, but they did not foresee that this action would result in a general European war lasting over four years, and they certainly did not predict that the war would result in the Habsburg Empire’s collapse. Others, particularly the Hungarian prime minister Istvan Tisza, hoped after the assassination that war could be avoided. Ironically, Hungarian resistance to a Habsburg war against Serbia helped to delay its outbreak, so that Vienna lost the chance to occupy Serbia quickly and present the other Great Powers with a fait accompli. This ensured that when war did break out, it would not remain localised between Serbia and Austria-Hungary, but become a general European war.
What did Serbia actually want ? What were its intentions toward Bosnia ?
Bosnia had formed a key goal of Serbian expansionist plans ever since Ilija Garasanin’s (in)famous ‘Plan’ (Nacertanije) in 1844. Following the Austro-Hungarian occupation of Bosnia-Hercegovina in 1878, those Serbian statesmen who favoured collaboration with Vienna – most notably Prince, later King Milan Obrenovic – chose to disregard Bosnia-Hercegovina and concentrate on southward expansion. But Bosnia-Hercegovina remained a long-term goal for nationalist Serbians, and the change of regime in Serbia in 1903, when King Aleksandar Obrenovic was murdered and replaced by Petar Karadjordjevic, brought to power those who certainly intended Serbia’s eventual expansion westward. This meant, firstly, the People’s Radical Party under Nikola Pasic, and secondly, the extreme nationalist army officers who had carried out the murder of King Aleksandar and who went on to found ‘Unification or Death’ in 1911. When Austria-Hungary annexed Bosnia-Hercegovina in 1908, Pasic called for preparations for war, and something of a war psychosis gripped Serbia, with the formation of the ‘National Defence’ (Narodna Odbrana) organisation to wage guerrilla warfare in Bosnia-Hercegovina. However, when he subsequently became prime minister in 1912, Pasic pursued a more moderate policy toward Austria-Hungary, since he was focused on Serbia’s southward expansion against the Ottomans. After the Balkan Wars, Pasic wanted a period of peace to enable Serbia to assimilate the territory in Old Serbia (Kosovo) and Macedonia it had taken. It was the Black Hand, whose leading officers Dragutin Dimitrijevic-Apis and Vojislav Tankosic were behind the assassination, who were the real war-mongers on the Serbian side: they supported terrorism and aggression in Bosnia-Hercegovina, against Montenegro’s King Nikola, against Bulgaria, etc., as part of a consistent policy.
What was the state of inter-religious and interethnic relations in Bosnia-Hercegovina in 1914 ?
Inter-religious and interethnic relations in Bosnia-Hercegovina in 1914 were better than they would later be within the Yugoslav kingdom. Serbs and Muslims were divided by the question of land reform, since the majority of Orthodox Serb peasants in Bosnia-Hercegovina remained subject to Muslim landlords. Croats and Muslims were divided over the issue of Catholic proselytising. However, there was also a general degree of solidarity among members of the Serb, Croat and Muslim elites. Conservative Serb and Muslim leaders had collaborated in their demands for church and school autonomy from the Habsburg regime, and for Bosnian autonomy. Some of the more liberal Bosnian politicians favoured inter-religious and inter-ethnic collaboration on a pro-Yugoslav basis against the regime. The actions of Gavrilo Princip and his fellow assassins were those of an extremist fringe, and were condemned by mainstream Bosnian Serb political and religious figures. Although the assassination provoked a wave of attacks on Serb properties in Sarajevo, these were condemned by Catholic Archbishop Josip Stadler and by Reis ul-Ulema Dzemaludin Causevic. Yet even Princip’s Young Bosnia movement encompassed Croats and Muslims as well as Serbs. Inter-ethnic and inter-religious relations in Bosnia-Hercegovina would deteriorate sharply as the result of the establishment of the Kingdom of Serbs, Croats and Slovenes.
What was Young Bosnia ? Was it a Serb conspiratorial group, a wing of the Black Hand or an authentic Bosnian illegal organisation ?
Young Bosnia was an ill-defined, loose network of Bosnian student radicals. It was numerically dominated by Serbs and many of its supporters were at least unconsciously inspired by the tradition of Serb Orthodox Christianity. However, its political goals bridged the gap between Great Serb nationalism and pro-Yugoslav ideas, and its adherents came to support common South Slav unification based on the overcoming of religious and ethnic differences between Serbs, Croats and Muslims. Consequently it was able to recruit Croats and Muslims as well as Serbs. Young Bosnia was an indigenous Bosnian movement, but it was co-opted by the Black Hand which sought to use it to advance its own expansionist goals. The Black Hand organised a guerrilla training school in Prokuplje in Serbia that prepared young people from Bosnia-Hercegovina to engage in terrorist activities. The assassination of Archduke Franz Ferdinand, engineered by Apis and Tankosic and carried out by Bosnian Black Hand agents – Princip in conjunction with others – represented the culmination of these activities. The assassination cannot be understood unless both the indigenous Bosnian element (Young Bosnia) and the external Serbian element (Black Hand) are both taken into account together.
Gavrilo Princip was in the period of Tito’s Yugoslavia treated as an extraordinary historical figure; as a revolutionary who initiated the emancipation of the Yugoslav peoples; the forerunner of the people’s heroes of the Second World War. Today he is, at least in Croatia, looked upon differently – some consider him a murderer and terrorist, and others an exponent of Serb nationalism…
He is a figure that understandably divides Serbs, Croats and Bosniaks today. His political goals stood on the border between Great-Serb nationalism and Yugoslavism; he was very much Serb in his background, but he came to embrace a form of South Slav unification that stressed unity between Serbs, Croats and Muslims. He expressed violent hatred for the Sarajevo carsija, that from a contemporary perspective reminds us of Radovan Karadzic. However, his patriotic hatred was directed primarily against the foreign, Habsburg occupier, rather than against Croats or Muslims. His assassination set off a chain of events that had disastrous consequences for the South Slavs. Serbia was militarily crushed by the Central Powers in World War I, and only ended up on the winning side by luck: it was the US’s intervention in World War I that led to an Allied victory, in which Serbia was freed from occupation. The establishment of Yugoslavia was disastrous for Bosnia-Hercegovina’s peoples, and to a lesser extent for Croatia’s: it led to the Chetnik and Ustasha genocides of 1941 and to Milosevic’s and Karadzic’s genocide in the 1990s. We can reasonably view the assassination, leading to the establishment of Yugoslavia, as a historic wrong turn for the South Slav peoples of the Habsburg Empire. Some Young Bosnia supporters became notorious Chetniks in World War II. But it is important to remember that Princip was not Karadzic; he did not plan or engage in genocide.
Was the assassination of the heir to the throne Franz Ferdinand a terrorist act, as the Austro-Hungarian authorities understandably treated it at the time and as it is today treated by some historians, or was it in fact a patriotic act, as it is treated by the majority of Serb and pro-Serb historians ? If it was patriotic, what kind of patriotism was it ? Serb ? Bosnian ?
The assassination was undoubtedly a terrorist act, and it enjoyed no general support or democratic sanction among the Bosnian population – not even among the Serb population. So it cannot be considered as a legitimate act of a genuine national-liberation movement. But the assassins viewed themselves as patriots, and were undoubtedly sincere in their belief that they were acting in the best interests of their people. They did not have clearly worked out political goals – they were very young people, largely teenagers. They supported the liberation and unification of the South Slavs in general terms. Their patriotism was of a kind that blended Serb patriotism, Serbo-Croat patriotism, Bosnian patriotism and Yugoslav patriotism.
Was the goal of Young Bosnia to ‘expel’ Austria-Hungary from Bosnia-Hercegovina, which would then become an independent state, or to annex Bosnia to Serbia ?
Young Bosnia was a loose network with an imprecise membership – it was not a proper political organisation, and it did not have a precise programme. Its members broadly believed that Serbs, Croats and Muslims were the same nation, and they broadly sought Austria-Hungary’s expulsion from the South Slav lands so that these could be united with Serbia in a common South Slav state. In general, Young Bosnia’s members believed that Bosnia-Hercegovina belonged neither to Serbia nor to Croatia, but to both equally. At his trial, assassin Vasa Cubrilovic described his identity as ‘Serbo-Croat’, while Trifko Grabez said ‘I was not led by Serbia but solely by Bosnia’.
How much did the new, post-war (1918) geopolitical picture of the Balkans influence the fact that at the end of the twentieth century a number of national states were established ?
Those who defend the Versailles settlement claim that it permitted the liberation of the subject peoples from the former European empires – particularly the Habsburg Empire – and enabled them to form their own national states. However, from the point of view of the South Slav inhabitants of the Habsburg Empire – roughly speaking, the peoples of the lands that today comprise Slovenia, Croatia, Bosnia-Hercegovina and Vojvodina – 1918 arguably resulted in the exchange of one slavery for another. In the Kingdom of Serbs, Croats and Slovenes, both Croatia and Bosnia-Hercegovina lost the parliaments and autonomy they had enjoyed in the Habsburg Empire, and relations between Serbs and non-Serbs became worse, not better. In retrospect, we can view the Yugoslav period (1918-1992) as a transitional phase on the road to independent national statehood for the Croats and Slovenes (although the Bosnian question remains unresolved today). The establishment of Yugoslavia on a centralised, Serbian-dominated basis in 1918-1921 made it very likely, if not inevitable, that the country would eventually break up in favour of independent national states.
Was Austria-Hungary a precursor to the European Union ?
No; Austria-Hungary was a multinational dynastic state that predated the independent national statehoods of its peoples, whereas the European Union is a multinational union built from independent nation-states. Only by freeing themselves from rule by the Austro-Hungarian, Ottoman, Russian and other empires and establishing themselves as independent states, could the European nations go on to establish something like the European Union.
What was the key cause of the break-up of the Austro-Hungarian monarchy ? The burning, militant nationalism of its various peoples or the rigid centralism of Vienna and Budapest ? We see that in contemporary Europe nationalism is rising…
Historians debate how inevitable the break-up of Austria-Hungary was; whether it might have survived had its leaders been more accommodating toward its non-German and non-Magyar peoples, or if there had been no World War I. But I believe pre-national multinational unions like Austria-Hungary and Yugoslavia ultimately had no future. As a general rule, unless a state is underpinned by a common national identity shared by most of its citizens, then it cannot survive in the face of democracy. Because people will generally want their nation to be free and independent, not to be ruled by an alien master. The question is today how many more independent nation-states will one day appear in Europe: Scotland, Catalonia, Chechnya, etc. ?
What kind of lesson can Europe today draw from the Great War ?
That the peace of Europe is best secured when the continent is organised on the basis of independent, democratic national states in which the rights of national minorities are fully respected. And when these states are united in trans-national unions or associations – political, economic and military – that provide a common framework for interaction while respecting the sovereignty of each member.
If, after a hundred years, historians from either side of the Drina cannot even agree on who started the war, let alone who was really to blame for it, how can we expect that this part of Europe will truly be stabilised politically ? It turns out that the debate over the First World War is itself the pretext for a new war, at least among historians if not politically…
The establishment of the former Yugoslav lands as seven fully-functioning, fully sovereign states – Slovenia, Croatia, Bosnia-Hercegovina, Serbia, Montenegro, Macedonia and Kosovo – and their unification within the European Union and NATO would provide the best guarantee for the region’s stabilisation. In such a case, the disputes of the past will matter less. Unfortunately, this process is stalled, and the futures of Bosnia-Hercegovina, Kosovo and Macedonia, in particular, appear uncertain. If Europe’s leaders remain unwilling to take the necessary steps to restore Bosnia-Hercegovina as a functioning state and to bring it into the EU along with Kosovo and Macedonia, then they will be responsible for any new conflict that breaks out.
On 21 January, the Croatian journalists’ website autograf.hr published an article about me written by Dejan Jovic, chief analyst and special coordinator at the office of the president of Croatia, Ivo Josipovic. The Croatian newspaper Vecernji list republished Jovic’s article, then published my reply on 30 January, which is reproduced here with Croatian-language passages translated into English. My reply was also published in BCS translation by tacno.net.
[My four-part refutation of David Gibbs’s book ‘First do no Harm’ can be found here.]
Dejan Jovic’s attack on me, published by autograf.hr on 21 January, contains numerous falsehoods. For example, he accuses me: ‘To justify the war in Iraq, they employed the metaphor of Hitler (for Saddam Hussein)’. Yet I have never used the Hitler metaphor to describe Saddam Hussein, and in June 2013 I described the Iraq war in the pages of the Guardian as a ‘misguided adventure’. He claims ‘people like Hoare advocate further interventions as the solution to new problems: in Syria, maybe afterwards in Iran, then who knows where tomorrow.’ In fact, I explicitly condemned the idea of a US or Israeli attack on Iran on my blog back in April 2012. Jovic claims: ‘Indeed, those same people who attack me have already attacked many others, including the Washington Times, The Guardian, and proclaimed some other reputable individuals and media outlets to be “genocide deniers”.’ But I have never accused either the Washington Times or the Guardian of genocide denial, and I doubt whether Jovic’s other critics have either. Jovic links me to the politics of the Henry Jackson Society. Yet I resigned from that organisation at the start of 2012, and have explicitly and strongly condemned its politics repeatedly since.
Jovic’s string of ad hominem falsehoods directed against me appear to be his way of distracting attention from the matter at hand: his uncritical endorsement of David Gibbs’s Great Serb propaganda tract (First Do No Harm: Humanitarian Intervention and the Destruction of Yugoslavia, Vanderbilt University Press, Nashville, 2009), which denies the Srebrenica genocide. Jovic claims: ‘In criticising my review of Gibbs’s book, Hoare “forgets” that Gibbs personally replied to his thesis on “genocide denial” – and completely refuted it.’ But this is untrue. In his book (p. 281), Gibbs says of Srebrenica: ‘Certainly, the murder of eight thousand people is a grave crime, but to call it “genocide” needlessly exaggerates the scale of the crime’ (p. 281). Furthermore, Gibbs claims the massacre was provoked by the Bosniak victims: ‘The origin of the Srebrenica massacre lay in a series of Muslim attacks that began in the spring of 1995… Such actions invited Serb reprisals, and this dynamic contributed to the fall of the safe area’ (p. 160). As for Jovic’s claim that Gibbs ‘totally refuted’ my accusation of genocide denial: this is also untrue; Gibbs was completely unable to defend himself from the charge. Readers can view my refutation of him and see for themselves.
Jovic first tries to deny that Gibbs engages in genocide denial, then tries to justify Gibbs’s genocide denial. He argues that ‘in the academic community – not our own post-Yugoslav one, but more broadly – there is no consensus on whether in the wars in the former Yugoslavia genocide was committed or not.’ But none of the people he cites, in support of the view that there was no genocide, is an expert on the former Yugoslavia. Jovic then claims ‘courts have ruled that in Bosnia-Hercegovina there was no genocide (apart from in Srebrenica)’. But this is untrue: the ICTY has not ruled that there was no genocide in Bosnia-Hercegovina apart from in Srebrenica. Both Karadzic and Mladic are currently being tried for genocide in municipalities across Bosnia-Hercegovina – not only in Srebrenica. Karadzic’s acquittal by the ICTY Trials Chamber for one count of genocide (in municipalities outside of Srebrenica) was recently reversed by the ICTY Appeals Chamber. Furthermore, in 1997, a German court convicted Nikola Jorgic, a Bosnian Serb, for genocide in the north Bosnian region of Doboj in 1992, and this ruling was upheld by the European Court of Human Rights.
Finally, Jovic claims that genocide is something invented by warmongers to justify military intervention, whereas people who deny genocide are really just trying to protect peace:
‘”Genocide” and “Hitler” are always there when it is necessary to start a new war – they are the “idea” explanation of the reason why one more is being launched. The difference between Gibbs and Hoare is, therefore, that one thinks that the wars are not waged out of altruism and that they do not solve problems, whereas the other maintains that liberal interventions are necessary and important, and that there is nothing controversial in them even if they result in a large number of deaths. One is an advocate of peace, the other of war.’ The reality is somewhat different: both Jovic and Gibbs seek to minimise the guilt of the Serbian aggressor for the 1990s war, and to shift as much blame as possible onto the Croatian and Bosnian victims of the aggression. The agenda of people like Jovic and Gibbs is to ensure that the real warmongers – tyrants like Slobodan Milosevic and Bashar al-Assad – should be free to wage their wars without fear of Western military intervention, or even of serious condemnation from the Western media.
Following his review of Gibbs’s book in Politicka misao, Jovic has now for the second time, in his reply to me and to the Bosnian organisations who criticised him, praised this book in glowing terms, while refusing to make any substantial criticisms of it. Yet Gibbs’s book is a Great Serbian propaganda pamphlet of no scholarly value. Gibbs has no expertise on the subject of the former Yugoslavia; he does not even read Bosnian/Croatian/Serbian; and his arguments are based on the distortion and manipulation of source material. He minimises the guilt and crimes of the regimes of Milosevic and Karadzic and of the JNA; exaggerates the guilt and crimes of the Croatians and Bosnians; and seeks to blame the West for the break-up of Yugoslavia and war.
1) Gibbs writes ‘And we will see later in the chapter that the post-Yugoslav state of Croatia, which became independent in 1991, had important historical links with Pavelic’s puppet state.’ (p. 48).
Discussing World War II, Gibbs mentions Ustasha genocide and collaboration, as well as the collaboration of Bosnian Muslims and Albanians, but fails to mention the crimes or collaboration of the Chetniks, or of Serbia’s Nedic regime.
2) Gibbs claims Tudjman ‘recommended’ genocidal violence against the Jews (p. 67)
3) Gibbs claims Croatia and Slovenia were not experiencing any oppression at Serb hands prior to declaring independence, so had no legitimate grounds for seceding: ‘In fact, there was no serious evidence of Serb oppression in Slovenia or Croatia prior to the secessionist actions. The main reasons for seceding, as we saw in the previous chapter, were economic in nature. The JNA’s initial use of force in Slovenia was quite mild’ (p. 97). Thus, he disregards the Serbian economic sanctions against Slovenia; the JNA’s disarming of the Slovenian and Croatian territorial defence; the Serb rebellion in Croatia; the ‘Log Revolution’; the JNA’s intervention in support of the Serb rebels; and the massacre of Croatian policemen at Borovo Selo.
4) Gibbs blames the war in Croatia on the Croatian side: ‘The Croatian war had its origins with the nationalist forces that were unleashed during the election campaign of 1990, when Franjo Tudjman’s HDZ party came to power.’ (p. 87)
5) Gibbs claims Germany engineered Croatia’s independence and the war in 1991: ‘We will see that Germany began encouraging Croatian nationalists and preparing them for independence months before the war began. Based on this new information, I argue that German officials did not simply respond to the war; they helped initiate it.’ (p. 77)
And again: ‘Germany played a key role in encouraging Slovenia and Croatia to secede, and surreptitiously assured them of external support for the secession efforts. Once the republics actually seceded, the European Community (backed by the United States) condemned the JNA’s efforts to block secession.’ (p. 105)
Gibbs’s anti-German conspiracy theory – which Jovic particularly praises – is based on biased, unserious and manipulated sources; he does not have even a single piece of real evidence to demonstrate that Germany encouraged Croatia to secede from Yugoslavia. I have exposed Gibbs’s anti-German falsifications in detail.
6) Gibbs condemns the European Community for recognising Croatia’s independence in its republican borders, and its failure to recognise the independence of the Krajina Serbs: ‘The European Community took the view that Croatia and other republics could not be divided. In effect, this meant the following: Croatia had the right to secede from Yugoslavia but this same right would not be recognised for the Krajina Serbs, who wished to separate from Croatia. In the ensuing conflict in Krajina, the European Community supported the Croatian position and opposed that of the Serbs. At the Hague conference, Van den Broek, the Dutch foreign minister, affirmed that any changes in the republican borders “were not an option”. This anti-Serb bent was evident at many levels.’ (p. 96).
And again: ‘On the one hand, the Community accepted the right of Croatia to separate from Yugoslavia, or at least viewed such separation with leniency. On the other hand, the European Community condemned efforts by the Krajina Serbs to separate from Croatia. Why the double standard ?’ (p. 97)
7) Gibbs claims: ‘In addition, the Muslim/Croat alliance of 1990-1991 recreated a similar alliance that had existed during World War II, when the two groups were the main supporters of the pro-Nazi Ustasa state, and both participated in the massacres of the Serbs that occurred during this period.’ (p. 116)
8) Gibbs claims: ‘Operation Storm also generated a humanitarian disaster. The attack forced from 150,000 to 200,000 Serbs to flee, producing what was probably the largest single act of ethnic expulsion of the entire war.’ (p. 163)
9) Gibbs writes: ‘Another feature of the Balkan conflict was the tendency of the Western media needlessly to exaggerate the atrocities committed by Serb armies… Atrocities committed at Serb-run detention camps were presented in sensationalist fashion, for example, and they became “extermination camps” comparable to Auschwitz. President Izetbegovic himself encouraged these interpretations. Yet, in 2003, shortly before his death, Izetbegovic conceded that “there were no extermination camps” in Bosnia. He also conceded that his previous claims to the contrary had been deliberate misrepresentations, intended to outrage Western public opinion and thus trigger Western military intervention against the Serbs.’ (p. 216) In this way, Gibbs minimises the criminal nature of Serb concentration-camps like Omarska, Keraterm and Trnopolje.
10) Gibbs accuses the Bosnian armed forces of shelling their own civilians during the siege of Sarajevo, in order to blame it on the Serbs ‘: ‘In several cases, Bosnian forces themselves bombarded Sarajevo and blamed the resulting deaths on the Serbs.’ (p. 125)
Furthermore: ‘In should also be noted that the [Bosnian] government restricted the right of Sarajevo residents to flee the city, effectively blocking the exit for many besieged civilians. This policy increased the potential for casualties and fit in nicely with the government’s public relations strategy. In the world’s media, the deaths from shelling and sniper fire were blamed exclusively on Serb forces, but in reality the Bosnian government bore some responsibility as well.’ (p. 126)
11) Gibbs claims the Serbs legitimately owned most of Bosnia: ‘: ‘It is clear that Serb forces were on the offensive during much of the war, and they conquered large areas of Bosnia-Herzegovina. But the extent of Serb aggression was once again exaggerated. Newspaper articles repeatedly noted that Serbs controlled some 70 percent of Bosnia’s territory, despite the fact that they only constituted 31 percent of the total population… What such reports omitted was that Serbs had always occupied most of Bosnia’s land area, owing to their demographic dominance in rural regions.’ (p. 124)
12) Gibbs claims that it was the Muslims and Croats who caused the war to break out in Bosnia in 1992, whereas the Serbs wanted peace: ‘In March 1992, however, before full-scale war had begun, Serb leaders welcomed the Lisbon agreement and they endorsed it in the strongest terms. Radovan Karadzic, who represented the Serbs at Lisbon, called the agreement a “great day for Bosnia and Herzegovina.” And it should be recalled that it was the Muslims and the Croats, not the Serbs, who actually reneged. There is no evidence that the Serbs were bent on war at this point.’ (p. 111)
So, those are the theses of David Gibbs, which Jovic has now chosen to praise on two occasions. For Jovic to praise so highly Gibbs’s extreme anti-Croatian, anti-Bosnian and Great Serb propaganda tract is scandalous. Yet it is scarcely surprising, since in his own book about the break-up of Yugoslavia (Jugoslavija – država koja je odumrla: Uspon, kriza i pad Kardeljeve Jugoslavije (1974-1990), Prometej, Zagreb, 2003), Jovic already revealed that his sympathies in the 1990s were with Slobodan Milosevic and the JNA. Jovic praised Milosevic as a fighter for Yugoslav statehood and unity and defender of Tito’s legacy, regretted the failure of the JNA to crush Croatian rearmament in 1991, and absolved both Milosevic and the JNA as instigators of the war and perpetrators of the mass killing:
1) Comparing Slobodan Milosevic and Vaclav Havel:
Jovic, p. 56: ‘The direction of the protests against the regime, for example in Czechoslovakia and in Serbia, was totally different, so Havel and Milošević became antipodes in everything. While one led a liberal-democratic revolution against the state, the other led an anti-bureaucratic revolution against an anti-state ideology and anarchy, for the establishment of a state. ‘
2) Lamenting the JNA’s inability to halt Croatia’s rearmament
Jovic, p. 64: ‘The British reaction to separatism in Northern Ireland is a typical example of a liberal (minimal) state, which did not refrain from introducing a state of war and employing tanks in order to halt a civil war before it had begun. In contrast to this, in the state that was withering away, Socialist Yugoslavia, the Yugoslav People’s Army turned itself into a filmmaker recording the illegal import of weapons at the border (with Hungary) whose duty it was to protect from that sort of illegal activity.’
3) On Milosevic as a ‘Yugoslav nationalist’
Jovic, p. 65n: ‘In his first phase, Milosevic was probably a Yugoslav nationalist, but he never became a Serb nationalist, as many call him today. Never, indeed, did he want to form a Serb national state. His attachment to Yugoslavia, even to the point when Yugoslavia had become just a name and nothing more, was the main reason why he in the end lost popularity and the elections (2000).’
4) On the Chetniks as a ‘strong-pro-Yugoslav resistance movement’
Jovic, p. 141: ‘He who claims that Yugoslavia had to collapse in 1941 because of ethnic tension, should have to explain how it was possible that there arose, immediately following the occupation, two strong pro-Yugoslav resistance movements (Mihailovic’s and Tito’s).’
5) On Milosevic’s loyalty to Tito’s legacy
Jovic, p. 156: ‘In destroying the fourth Yugoslavia, Milosevic rejected Kardelj but not Tito.’
6) On Milosevic’s desire to bring about the ‘unity of Yugoslavia’
Jovic, p. 400: ‘His program now [in 1987], for the first time, seemed clear even to those at the lowest level of the social hierarchy, and he carried it out decisively: first the unity of the Serb Party, then unity of Serbia, then of the Yugoslav Party, then of Yugoslavia. That programme had four phases – Milosevic had now accomplished the first; at the third he would be halted, and at the fourth defeated.’
7) On Milosevic’s desire to restrain Serb nationalism
Jovic, p. 471: ‘Treating Milosevic and Kucan with a bit of benevolence, one could say that at least part of their motive could be explained by an attempt to retain power in order to prevent the “real nationalists” (those gathered around the New Review or people such as Vuk Draskovic was at the time) from coming to power in Slovenia and Serbia. As David Owen later said of Milosevic, they had to “ride the tiger of nationalism if they did not want the tiger to swallow them” (1995: 129). They appeared powerful, omnipotent, but in reality they were both afraid that the exit of the League of Communists from the political scene could bring about only worse nationalism. They accepted nationalism in order to prevent it.’
8) On the JNA’s ‘good intention’ to prevent ethnic conflict in Croatia
Jovic, p. 485: ‘When the Croatian government attempted to prevent the [Serb rebel] takeover, the Yugoslav People’s Army imposed itself between it and the Serbs, perhaps with the good intention of preventing direct ethnic conflict in Croatia.’
9) On Milosevic as ‘genuinely surprised’ by break up of Yugoslavia and war
Jovic, pp. 491-492: ‘The sources that were at the disposal of the author of this book do not give sufficient reason to support the conclusion that the members of the Yugoslav political elite in this period (including, thus, Slobodan Milosevic and Milan Kucan as well) intended to destroy Yugoslavia. Many of them, like most Yugoslavs, most analysts at home and abroad and the international political community as a whole, were genuinely surprised by the break-up, and still more by the war that broke out after that.’
10) On war in Yugoslavia as expression of state weakness and ‘private violence’
Jovic, pp. 492-493: ‘‘The violence that, in the ruins of Yugoslavia, in a stateless terrain, erupted in the ‘90s of last century had, indeed, the same cause as the collapse itself: it was the expression of a weak, ineffective state that was not in a position to suppress the private armies, private revenge, private “laws” and private violence. The wars that were waged in those ruins were to a large extent private revenge in which neighbours repaid some imaginary quid pro quo to their neighbours.’
Jovic is right about one thing: the criticisms being made against him are political, not academic in motivation. If Jovic were simply a scholar expressing his private opinion, it would not matter that his work rehabilitates Milosevic and the JNA. It would not matter that he praises a propaganda pamphlet with no academic value, that supports Croatia’s territorial dismemberment and denies the Srebrenica genocide. Jovic has the right, as a scholar, to express his views freely. But he is the Croatian president’s chief analyst and special coordinator. It is dangerous to both Croatia and Bosnia-Hercegovina for someone holding such views, and with such poor analytical judgement and grasp of reality, to occupy the position that he does.
Marko Attila Hoare
On 4 December of last year, the Bosnian Embassy in London did me the honour of hosting the launch of my book, The Bosnian Muslims in the Second World War: A History (Hurst and Co, London, 2013). Very special thanks for organising the event go to His Excellency Mustafa Mujezinovic, the Bosnian ambassador to London, who also gave the opening speech; to Ms Jasmina Turajlic, Second Secretary; to all Bosnian Embassy staff; and to Jon de Peyer of Hurst Publishers. Very special thanks go also to my friend and colleague Dr Edina Becirevic, for coming to London to speak at the event. The following articles are based on the texts of our respective speeches.
Since the aggression and genocide in Bosnia and Herzegovina took place two decades ago, so many books have been written on the subject. Yet, very few people have understood Bosnia as well as Marko Attila Hoare does. The first of Hoare’s books that I read was, How Bosnia Armed, and I remember many of my colleagues commenting that, finally, there had been a new approach taken to examining the war against Bosnia. Hoare’s handling of the topic was different because it followed the dynamics of the rise of the Army of Bosnia and Herzegovina, and attempted to determine why initial intentions to create a truly multinational Army of Bosnian people – of all nationalities – instead manifested as a predominantly Muslim, i.e. Bosniak, military force.
When war began in Bosnia and Herzegovina in 1992, the international community stood aside and watched as Serbia unleashed an aggression against the country’s non-Serb population. Hoare belonged to the world of academics, civil society members and journalists who understood what is going on and openly campaigned for the defense of Bosnia. He lived in the small universe of people who saw the genocide and aggression for what it was. And this is also why Hoare’s book How Bosnia Armed carried so much weight: his inquiry into past events did not deter him from lobbying for the defense of Bosnia, even when his analysis of the responsibility of Bosniak leadership led him to conclude that they had given up on the ideal of a multicultural Bosnia and Herzegovina in exchange for the pursuit of exclusively Bosniak interests, and had thus played into the hands of Serb and Croat nationalists. The pattern that Hoare recognized, and was one of the first to analyze – on the loss of the multicultural character of the Bosnian Army – became a central theme as he tried to answer the question of why Bosnian leadership settled for the Dayton Accord; which essentially legitimized the division of Bosnia. And this pattern can be steadily traced through the post-Dayton period in Bosnia, too, in many political compromises that Bosniak political elites made at the expense of Bosnian statehood.
I am not sure where the saying originates, but I have heard it many times from many people, that “Serbs and Croats cannot destroy Bosnia and Herzegovina unless Bosniaks agree to it.” And Hoare’s work is therefore even more important; because it has offered researchers in Bosnia and Herzegovina a model of how to tackle this issue without falling into the stereotypical traps of dispersing responsibility for the war and genocide equally to all sides and of viewing it as a war in which there were no clear victims and no clear aggressors. Hoare’s methodological framework can be the example to researchers who identify as victims of the war and who want to address that pattern of de-multiculturization of Bosnia and Herzegovina. This can allow them to step back from a sense of victimhood that disabled many of them to fully understand the dynamics of the war and aggression.
History is important not only for the sake of understanding the past, of course. Historical lessons matter in both the present and the future. Today in Bosnia, Bosniak political forces continue to be inconsistent in defending Bosnian statehood and preserving its multiculturality. The battle for what many still consider to be the core multicultural values of Bosnia and Herzegovina is now left to a group popularly called “the others” – representatives from ethnic groups who were not accommodated in the Dayton Accord – who stand behind the “Sejdić-Finci” ruling and demand political rights equal to those of the three dominant ethnic groups in the country.
Marko Attila Hoare has published four books. Besides How Bosnia Armed, he is also the author of Genocide and Resistance in Hitler’s Bosnia: The Partisans and the Chetniks, 1941-1943, which looks at the conflict between Yugoslav Partisans and Chetniks in Bosnia during World War II. In The History of Bosnia: From the Middle Ages to the Present Day, he focuses on the history of national identity in Bosnia. All three of these books are essential reading for understanding the history of Bosnia and Herzegovina and the present day political chaos facing the country.
But the book The Bosnian Muslims in the Second World War: A History, which examines the role of Bosnian Muslims in World War II, not only comes full circle in his corpus, but carries a special significance in relating how events that took place in WWII still affect Bosnia and Herzegovinia presently and by deconstructing the Serbian propaganda of the 90’s, which put forth that all wars waged by the Serbian state were fought to prevent genocide against Serbs. For, it is unquestionable that the various collective myths and memories of the past, of different ethnic groups in Bosnia, played a role in the 1992-1995 conflict, and that they continue to shape – and sometimes strangle – Bosnian society today.
The genocide of Serbs in World War Two is indeed a part of the history of Yugoslavia and the history of Bosnia and Herzegovina, and no one seeking truth could deny that. However, growing up in Yugoslavia, the genocide and suffering of other people in Bosnia and Herzegovina was never mentioned at all. In school, history books told a one-sided story about both World Wars, giving us the impression that it was only Serbs who had been victims of genocide. And it was the continuity of this narrative that convinced many of my Serb friends to go into the hills to join the forces which turned their heavy artillery against Sarajevo.
In a way it is understandable that there were few books on the history of Bosnia and Herzegovina that went against the official narrative, for there were just as few brave historians willing to detail the complex alliances of the Second World War, and to tell the story that it was not only Serbs, Jews, and Roma who suffered losses. But World War Two meant suffering for Muslims and Croats as well; and while genocide against Serbs is an undisputed historical fact, the changing coalitions and patterns of crimes committed during the war were extraordinarily complex and convoluted. This latest book by Marko Attila Hoare plays a crucial role in setting the record straight, and not only for historians in the region. It also successfuly deconstructs stereotypes about World War Two that many Western historians, regardless of their ideological perspective, have blatantly promoted without reservation.
The residual effects of alliances and aggressions that played out during World War Two revisited Yugoslav society around the time of Tito’s death and began a discussion that is still ongoing; bringing with it an impact on all the societies of former Yugoslav states. But most of the narratives that have emerged are influenced by official dicourse of some kind or another. Some are apologetic toward the Ustasha, others toward Chetniks, some glorify the Partisan movement, and others, as Hoare writes, tell the tale “through the prism of Allied policy.”
Yet, Hoare, in this as in his previous books, does not depend on official narratives or safe stereotypes. He illustrates the complicated game Communists had to play in “leading predominantly Serb and peasant armed resistance to the Ustasha regime in the countryside,” while at the same time conquering the hearts and mind of a predominantly Muslim and Croat urban population. And both of those strategies were, as Hoare says, “ulimately necessary for the Communists to become masters of Bosnia; and both were achieved.”
The Bosnian Muslims in the Second World War is the first book that views the history of World War Two in Bosnia from the perspective of the Bosnian Muslims – and not only that of political elites, but also of ordinary people, who formed different political and military alliances. Hoare concludes that, “Political divisions among the Muslim elite were not essentially ideological, but were between conflicting strategies of how best to safeguard its position, and the Muslim population as a whole, in the face of two threats: the assimilationalism and hegemonism of the Croat Ustashas and the genocide of the Serb Chetniks.” And Hoare refers to those threats as two sides of the same coin.
Future generations in Bosnia and Herzegovina will be thanking Marko Attila Hoare not only for this last book, but for all of his books, including those that I hope are yet to come. I say “future generations” because I am not confident that this generation of Bosnian historians and intellectuals fully grasps the importance of Hoare’s work. But I am hoping that there will come a day when real accounts of Bosnian and Herzegovinian history by rare historians like Hoare will serve as the essential content for history textbooks. For, books like this one do not only present fair accouts of Bosnian history of benefit to academics, but can also serve as the basis for a process of reconciliation among Bosnian people, who must understand their history in order to move forward into the future.
What Hoare always brings to his reader is the invaluable insight that time and the events of an era cannot be seen in isolated compartments; that we miss seeing key parts of the picture of today if we are blind to the realities of the past. And his work beyond the pages of this and his other books, to identify and address genocide denial, is a natural extension of this insight. The value of his commitment to bringing awareness to the dangers of genocide denial cannot be understated.
The issue of genocide denial is an understandably contentious one. There is always an accused “side,” for which denial of their crimes is desirable; and since genocide is rarely achievable without the backing of state-level apparatuses, accused perpetrators usually have the backing of both political power and historical rhetoric. But, as the list of genocides in the world sadly continues to grow year after year, the issue of genocide denial becomes one of greater and greater importance. And what motivates Hoare and activists like him, is the knowledge that it is precisely this denial that invites further genocides.
What sets Hoare apart in debates about the topic – and believe me, it is a topic rife with debates, usually fueled as much by emotion as by concrete evidence – is his firsthand knowledge of Bosnia and his exhaustive research on and in the region. He has developed a relationship with the Balkans that few Westerners who deny genocide occurred there, or who tend toward revisionist views of the recent conflict, can lay claim to. This has predictably made him a target of those who do wish to deny genocide, and yet Hoare has remained a consistent “thorn in their side.”
As academic discourse invites ever more questioning about what “truth” and “denial” and “narrative” actually mean; as denial itself is viewed increasingly as a valuable coping mechanism in the face of a world full of trauma; and as we are bombarded more and more by images that Stanley Cohen rightfully points out are bound to overload and overwhelm our senses of reality, it is so important that activists like Hoare continue to demand that we see. For, as Cohen pointed out in his famous treatise on denial, “there is nothing positive about a society denying that it has an AIDS problem or the failure of the international community to recognize early warning signs of genocide…” While my guess is that most people would quickly jump to agree with his first statement; until genocide is seen as something as dangerous and pernicious as AIDS, the world needs activists like Marko Attila Hoare fighting to remove people’s blinders.
Edina Becirevic’s book Genocide on the Drina River will be published this year by Yale University Press
Marko Attila Hoare
Thank you all for coming. I would like to begin by thanking His Excellency Ambassador Mustafa Mujezinovic, Second Secretary Ms Jasmina Turajlic and Jon de Peyer of Hurst Publishers for hosting and organising this event.
I started researching the subject matter of this book seventeen years ago, in 1997. The war in Bosnia-Hercegovina had just ended. As a graduate student in history, it was impossible for me not to be gripped by the need to understand why it had happened. Of course, I have my political views about the rights and wrongs of the conflict, which I have never tried to conceal. But history should not be researched and written with political objectives in mind; rather, it should be guided by the need to answer intellectual questions.
The genocide in Bosnia-Hercegovina of 1992-1995 involved the destruction of the Bosnian state; the Republic of Bosnia-Hercegovina. Consequently, the questions I wanted to answer were: why had the state been created in the first place, and how had it been possible to build a common, multinational state encompassing Serbs, Muslims, Croats and others ? I believed it was necessary to understand how and why the Bosnian state had been created, in order to understand how and why it was destroyed a half century later.
I have used the name ‘Muslim’ to refer to the Bosnian Muslim or Bosniak people in my book. Although this nation is properly called ‘Bosniak’ today, in the 1940s, when the events described in the book take place, the Bosniak name applied to Bosnian Orthodox and Catholics as well, whereas Muslim Bosniaks were referred to as ‘Muslims’ in most of the documents. It was only in the 1990s that the Bosniak name came to be synonymous with Muslim as opposed to Orthodox, Catholic or other Bosnians. I do not, however, wish in any way to question the legitimacy of the Bosniak national name today.
The revolution in Yugoslavia in the 1940s, led by Josip Broz Tito and the Communist Party of Yugoslavia, had been the object of a great deal of myth-making, both by its supporters and sympathisers and its by its anti-Communist critics. Yet it has been greatly under-researched in the West when compared to other great European revolutions, such as the French Revolution or the Russian Revolution. One of the purposes of my research has been to demystify the Yugoslav Revolution; to explain what really happened and what it really looked like. Set against the depressing outcome of the 1990s Bosnian war, the outcome of the 1940s revolution appears more positive, for it involved the establishment of a Bosnian state in which Croats, Muslims, Serbs and others were able to coexist for nearly half a century. But history is not about happy endings, and my work has sought to understand the flaws in this original state-building project, in a manner that might help explain the catastrophe of the 1990s.
My first book on Bosnia-Hercegovina in World War II – Genocide and Resistance in Hitler’s Bosnia: The Partisans and the Chetniks, 1941-1943 (Oxford University Press, Oxford, 2006) focused on the Bosnian Serbs. It sought to explain how they had been led to support, in large numbers, the establishment of a unified Bosnian state instead of a Great Serbia – something that seems paradoxical in light of the apparently overwhelming and violent Serb rejection of this same state in the 1990s. In fact, as I showed, for many ordinary Bosnian Serbs, there was a fine line between supporting a unified Bosnia, as demanded by the Communist-led Partisans, and supporting a Great Serbia, as demanded by the anti-Communist Chetniks. Both options were open to the Bosnian Serbs; both reflected aspects of their national heritage; and many of them switched from supporting one to supporting the other at least once during the course of World War II.
In this, my second book on Bosnia in World War II, I focus on the Bosnian Muslims, and to a lesser extent on the Croats and smaller Bosnian minorities. The Croats were very much smaller and weaker in Bosnia-Hercegovina in the 1940s than the Serbs or the Muslims, and it was these two latter groups that were and remain ultimately most important for the outcome of the Bosnian question. My book stresses the diversity of forms assumed by the Muslim resistance to the new order established by the Nazis and Fascists in 1941, whereby occupied Bosnia-Hercegovina was forcibly incorporated into the Great Croat puppet state named the ‘Independent State of Croatia’, under the rule of the Ustashas, or Croat fascists. Members of the Muslim elite resisted this incorporation in a number of ways: some turned to an alliance with the Serb nationalists (Chetniks); others appealed directly to Hitler and the Germans; others built their own autonomous Muslim forces within the framework of the Croatian puppet state. But all of them shared the goal of ensuring the national survival of the Muslim people in Bosnia-Hercegovina. The Communists realised that in order to win the war in Bosnia, they would have to co-opt at least part of this Muslim autonomist movement.
For in the 1940s, the Bosnian Muslims were the key to victory in Bosnia-Hercegovina. This was apparent also in the 1990s; the Serb nationalists rebels under Radovan Karadzic and Ratko Mladic, who attempted to conquer Bosnia on the basis of a total rejection of the Muslim population, found themselves unable to break the latter’s resistance; they were brought to the very of total defeat by the autumn of 1995, something they escaped only thanks to Western – above all US – diplomatic intervention. As the eminent Bosnian Muslim notable Muhamed Sudzuka had recognised already before World War II, the Muslims were the key to Bosnia and Bosnia was the key to Yugoslavia. So the Bosnian Muslim story was crucial for the outcome of the Yugoslav Revolution. The mass influx into their ranks of Muslims and others, including Croats and members of smaller minorities such as ethnic Poles and Ukrainians, was decisive for the Partisans’ victory in Bosnia. Above all, the mass defection of quisling troops to the Partisans – members of the Home Guard, Muslim legions, Handzar SS Division and even some Ustashas – enabled the Partisans to capture Bosnian towns and cities without destroying them or destroying their own forces in bitter street-fighting of the kind that broke the back of the Serb forces at Vukovar in Croatia in 1991.
In order to win Muslim support, the Communists championed the goal of a unified, sovereign state of Bosnia-Hercegovina within the Yugoslav framework, and treated the Muslims in practice, if not formally, as the sixth Yugoslav nation – alongside the Serbs, Croats, Slovenes, Macedonians and Montenegrins. Considerable freedom was accorded to the Islamic religion. The Partisan triumph consequently resulted in a brief flowering of Muslim national life and freedom. Yet following this triumph, as the Communists began to consolidate their dictatorship, many of these freedoms were taken away. Muslim religious and cultural institutions were suppressed or neutered. Less respect was shown to the dietary needs of Muslim soldiers in the Yugoslav army. Official statements stopped using the large letter ‘M’, denoting a nation, in relation to the Muslims, and reverted to using the small ‘m’, denoting a mere religious community.
This curtailment of Muslim rights and freedoms set the stage for the next movement of Muslim resistance, involving members of the ‘Young Muslim’ organisation, including a youthful Alija Izetbegovic. But this movement was ruthlessly suppressed, and the Bosnian state that took shape in the 1940s did so on the basis of the hegemony of the Bosnian Serbs – as the group that had numerically dominated the Bosnian Partisan movement. It was when the Bosnian Serb hegemony began to crumble from the 1960s, as the Communists in Bosnia-Hercegovina moved to emancipate fully the Muslims and Croats, by recognising finally the Muslims as a nation and by removing the Ustasha stigma from the Bosnian Croats, that the Serb disenchantment with Bosnian statehood truly began; a disenchantment that would gather pace as the Muslims overtook the Serbs as the most numerous Bosnian nationality during the 1960s and 70s, and that would reach a head when Izetbegovic’s presidency sought to establish Bosnia-Hercegovina as a fully independent state, wholly separate from Serbia, in the 1990s.
The state of Bosnia-Hercegovina was therefore at all times a fragile project, based as it was upon a compromise between the national aspirations of its constituent peoples; a compromise that was unstable as the balance of power between them shifted. Nevertheless, the lesson of the 1940s is that in order for Bosnian Serbs, Muslims and Croats to be reconciled and live in harmony, there has to be a strong, functioning Bosnian state. And this cannot happen again so long as the constitutional order established by the Dayton Peace Accords, which cripples Bosnia-Hercegovina as a state, persists.
Photos by Sarah Correia, Anna von Buchenroder and Jonathan Norton
The International Criminal Tribunal for the former Yugoslavia (ICTY) has had a bumpy journey since its foundation in 1993. It has long been condemned by Serb and to a lesser extent Croat nationalists, as well as by left-wing and right-wing hardliners in the West, as a political court set up to serve the interests of the Great Powers. But until recently, it has been supported by liberals in the former Yugoslavia and in the West and beyond, as a positive and necessary exercise in international justice – albeit one that has not produced very satisfactory results. In recent months, however, a realignment has taken place: former supporters of the ICTY have begun to condemn it in the same ‘anti-imperialist’ terms used by the nationalists, and to present its judgements as the work of Great Power intrigue. Their anger has focused above all on the figure of Judge Theodor Meron, President of the ICTY. Meron is a Polish Jew by birth and a Holocaust survivor, who emigrated to Israel, was educated at the University of Jerusalem, and served as legal advisor to the Israeli Foreign Ministry and as Israel’s ambassador to Canada and to the UN, before emigrating to the US. Meron is no Zionist hawk; in 1967, he wrote a memo for Israeli Prime Minister Levi Eshkol advising against the building of settlements in the newly occupied West Bank and Golan Heights. Yet with a sad inevitability, his Jewish and Israeli background have taken on a sinister prominence in the current campaign against him.
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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.
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