open Democracy News Analysis - The International Court of Justice: Serbia, Bosnia, and genocide, Martin Shaw - Comments

Vladimir Korff on "The International Court of Justice: Serbia, Bosnia, and genocide"

Vladimir Korff — Tue, 20 Mar 2007 14:11:53 +0000

The break-up of former Yougoslavia was a deliberate, vile, bloody act of several interested parties, states, organisations, religious and ideological groups.

There is a HUGE number of people who would say that: "only a stupid person denies a direct link between the REUNION OF GERMANY (1990), and the break-up of Yougoslavia (1991)"

Also, there is EVEN BIGER group of people who would say that "the break-up of Yougoslavia on internal (AVNOY) border was UNACCEPTABLE to the Serbs, AND ONLY TO THE SERBS, par exellence, since the remained a minority into as much as 5 NEW NATIONAL STATES. Out of the blue."

All Serbs would say that "NATO saw Serbs as the only nation which didn't want to join NATO, so it made them it's enemies, until they gained pro-nato official course and political gov."

I would say that "all this together, makes sence".

And the verdict - it's an omen to those oppinions. Serbia is NOT GUILTY of anything. Nor for commiting a genocide, nor for organizing one.

Daniel_12 on "The International Court of Justice: Serbia, Bosnia, and genocide"

Daniel_12 — Thu, 15 Mar 2007 22:29:11 +0000

Serbian or Pro-Serbian extremists "dankusti" and "comaguer" are exercising "moral equivalency" in their responses. Of course, their favorite individual to blame is Naser Oric, defender of Srebrenica.

With respect to Naser Oric's forces, they are held responsible for mistreatment of about 15 Serb captives (of which about 5 died in custody). Contrast that with large scale slaughters of over 8,000 Bosniaks in Srebrenica. The facts are that around 2,000 Serb civilians died in all of Bosnia (or 1,978 to be exact, respectively) - many of them from Bosnian Serb shells hitting besieged government-controlled cities.

Research and Documentation Center (RDC) in Sarajevo, which includes joint Bosniak, Serb and Croat investigators, recently investigated number of alleged Serb casualties around Srebrenica and concluded that the alleged number of 3,287 Serb casualties in Central Podrinje is actually incorrect and nine to ten times lower than reported by the Serbian media. RDC closely works and aids ICTY Investigations and is funded by both international community and the joint government of Bosnia-Herzegovina (which is composed of Bosniak, Serb and Croat lawmakers). RDC concluded, quote:

"The allegations that Serb casualties in Bratunac, between April 1992 and December 1995 amount to over three thousand is an evident falsification of facts. The RDC research of the actual number of Serb victims in Bratunac has been the most extensive carried out in Bosnia and Herzegovina and proves that the overall number of victims is three to nine times smaller than indicated by Serbia and Montenegro. Perhaps the clearest illustration of gross exaggeration is that of Kravica, a Serb village near Bratunac attacked by the Bosnian Army on the morning of Orthodox Christmas, January 7, 1993 . The allegations that the attack resulted in hundreds of civilian victims have been shown to be false. Insight into the original documentation of the Army of Republika Srpska (VRS) clearly shows that in fact military victims highly outnumber the civilian ones. The document entitled �Warpath of the Bratunac brigade�, puts the military victims at 35 killed and 36 wounded; the number of civilian victims of the attack is eleven."

Human Rights Watch agrees, quote:

"The ultra-nationalist Serbian Radical Party launched an aggressive campaign to prove that Muslims had committed crimes against thousands of Serbs in the area. The campaign was intended to diminish the significance of the July 1995 crime, and many in Serbia were willing to accept that version of history.

But as the Oric judgment makes clear, the facts do not support the equivalence thesis. Take the events in the village of Kravica, on the Serb Orthodox Christmas on January 7, 1993, for example. The alleged killing of scores of Serbs and destruction of their houses in the village is frequently cited in Serbia as the key example of the heinous crimes committed by the Muslim forces around Srebrenica.

In fact, the Oric judgment confirms that there were Bosnian Serb military forces present in the village at the time of attack. In 1998, the wartime New York Times correspondent Chuck Sudetic wrote in his book on Srebrenica that, of forty-five Serbs who died in the Kravica attack, thirty-five were soldiers. Original Bosnian Serb army documents, according to the ICTY prosecutor and the Sarajevo-based Center for Research and Documentation of War Crimes, also indicate that thirty-five soldiers died.

The critics also invoke unreliable statistics. A spokesman for the ruling Democratic Party of Serbia in the wake of the Oric judgment, for example, claimed that �we have documents showing that 3,260 people were found dead around Srebrenica from 1992-1995.� However, the book Hronike nasih grobalja (Chronicles of Our Graveyards) by the Serb historian Milivoje Ivanisevic (the president of the Belgrade Centre for Investigating Crimes Committed against the Serbian People), uses the significantly lower figure, of �more than 1,000 persons [who] died,� and contains the list, mostly made of men of military age. Among those killed, there were evidently a significant number of Bosnian Serb soldiers who died in the fighting, like in Kravica. "

Naser Oric was found not guilty of any direct involvement in the murders of about 5 and mistreatment of another 10 Serbs. He was also found not guilty for the "wanton destruction" of homes and property. But he was found guilty of failing to control and discipline men under his command. The incidents took place from December 1992 to March 1993 (before Srebrenica became "Safe Heaven"), when Serbian forces were ethnically cleansing, torturing, raping, and killing Bosniak population of Eastern Bosnia (See RDC). Contrast that with over 8,100 Bosniaks who were summarily executed by Serb forces under the command of war crimes fugitives Ratko Mladic and Radovan Karadzic. One cannot even compare the case of genocide with the individual incidents of war crimes, because Srebrenica Bosniaks were subjected to Genocide. It should also be noted that Naser Oric was not on trial for genocide, nor was he on trial for mass murder of Serb civilians.

Many of the 52 witnesses that the prosecution called were members of the Bosnian Serb Army who participated in the seige and massacre of over 8,100 Srebrenica Bosniaks. The case is on appeal. The prosecution has also been accused of providing forged documents which three expert witnesess failed to authenticate, and has also been warned but not sancioned for witholding exculpatory evidence. The judges at one point attempted to reduce the time that defence witnesses were allowed to testify, until an appeals chamber overturned this decision. There was also outrage at the 18 year sentence that the prosecution has asked for. Drazen Erdemovic, was a Serb soldier serving in Srebrenica and although he confessed to killing 70 Bosniak civilians during the Srebrenica massacre he only received a 5 year sentance.

The judges in Oric case described conditions in Srebrenica at the times of the crimes in 1992 and 1993 as abysmal. They noted that militarily superior Serb forces encircled the town and that there was an unmanageable influx of refugees there, as well as a critical shortage of food and the breakdown of law and order. Oric was given 2 year sentence and immediately released, because he already spent more than 3 years on trial.

Consequently, the sentence imposed reflects this uniquely limited criminal responsibility." - concluded judges.

The genocide justifiers have consistently ignored the strong VRS military presence in some Bosnian Serb villages. For example, the village of Fakovici was used as a military outpost through which Bosnian Serb forces launched massive attacks on Bosniak civilians. [source]. Secondly, the Oric judgment found the presence of Serb military in several villages that the Bosniak forces launched an offensive on, including the presence of sophisticated weapons such as tanks, anti aircraft, rocket launchers etc. Therefore, putting the offensive actions against those specific villages where there was a VRS presence in much different light than the one purported by the genocide deniers.

"During the Bosnian war (1992-1995), Srebrenica was under constant siege by Bosnian Serb millitary; no food or medical supplies were allowed into the enclave. Apart from never ending starvation, the civilian population of Srebrenica was subjected to constant Bosnian Serb artillery attacks. The only way to survive was to counter-attack surrounding Bosnian Serb villages (which served as Bosnian Serb military bases) and search for food and other supplies. In fact, long before Naser Oric counter-attacked Bosnian Serb forces around Srebrenica, close to 90% of Bosniak population of Eastern Bosnia was ethnically cleansed by Bosnian Serb and Serbian military forces."

From Simon Mardel, a WHO doctor who was based in Srebrenica at the time, wrote:

"People are completely trapped. The water supply from higher up the valley is now cut off. The present situation can only be described as an impending holocaust."

Here is a short excerpt from United Nations' General Assembly Resolution 53/35 that addresses issue of Naser Oric's raids, quote:

A third accusation leveled at the Bosniak defenders of Srebrenica is that they provoked the Serb offensive by attacking out of that safe area. Even though this accusation is often repeated by international sources, there is no credible evidence to support it. Dutchbat personnel on the ground at the time assessed that the few �raids� the Bosniaks mounted out of Srebrenica were of little or no military significance. These raids were often organized in order to gather food, as the Serbs had refused access for humanitarian convoys into the enclave. Even Serb sources approached in the context of this report acknowledged that the Bosniak forces in Srebrenica posed no significant military threat to them. The biggest attack the Bosniaks launched out of Srebrenica during the more than two years which is was designated a safe area appears to have been the raid on the village of Visnjica, on 26 June 1995, in which several houses were burned, up to four Serbs were killed and approximately 100 sheep were stolen. In contrast, the Serbs overran the enclave two weeks later, driving tens of thousands from their homes, and summarily executing thousands of men and boys. The Serbs repeatedly exaggerated the extent of the raids out of Srebrenica as a pretext for the prosecution of a central war aim: to create geographically contiguous and ethnically pure territory along the Drina, while freeing their troops to fight in other parts of the country. The extent to which this pretext was accepted at face value by international actors and observers reflected the prism of �moral equivalency� through which the conflict in Bosnia was viewed by too many for too long.

For references and more factual information about Srebrenica genocide, visit Srebrenica Genocide Blog at this address:

http://srebrenica-genocide.blogspot.com

Rachael_1 on "The International Court of Justice: Serbia, Bosnia, and genocide"

Rachael_1 — Wed, 14 Mar 2007 10:50:38 +0000

It's appalling that this even needs repeating: there was NOT moral equivalency during this war. Whilst there were individual Serb victims, as there were Croatian and Bosniak victims, there was not systematic murder and displacement of hundreds of thousands of Serbian people.

Dankusti, the background to the conflict is undoubtedly the economic collapse; but that didn't make the massive war crimes, crimes against humanity and, yes, genocide that occurred inevitable. Saying "America made me do it" won't wash here. People killed people. For the most part they were Serbian people killing Bosniaks, gypsies and Croats.

comaguer on "The International Court of Justice: Serbia, Bosnia, and genocide"

comaguer — Tue, 06 Mar 2007 21:02:27 +0000

THE ORCHESTRATED DISMANTLING OF YUGOSLAVIA DID NOT BEGIN IN 1992 NEITHER DID THE INTERETHNIC VIOLENCE

AS LONG AS YOU FOCALISE ON ONE PERIOD AND ONE PLACE (BOSNIA) YOU ARE HISTORICALLY UNFAIR

WHAT DID ORIC IN THE AREA OF SREBRENICA BEFORE THE SO CALLED GENOCIDE ? DID HE JUST PICK UP DAISIES IN THE MEADOWS ?

dankusti on "The International Court of Justice: Serbia, Bosnia, and genocide"

dankusti — Fri, 02 Mar 2007 22:59:26 +0000

So, Mr. Martin Shaw is unhappy that the Serbian Govrnment was found NOT guilty of the so called "genocide" against "Bosnians". I would like to remind Mr. Shaw and others that a desire to BREAK up the FRJ ( or Tito's Yugoslavia ) originated from quisling elements of the Croatian, Bosnian and even some Serbian "royalist" elements who escaped Yugoslavia at the end of WW-2 to avoid punishment for their crimes against mainly Serbs.

Mr. Shaw must realize that during this unprovoked attack on Yugoslavia, Muslim and Croation extremists attacked Serbians in various regions - located between the eastern Croatia and

western Serbia. It is quite normal that the Serbians had to REACT to these attacks, and in the insuing battles ALL three factions were killing "the others".

So, Mr. Shaw must abandon the idea of DEMONIZING only one faction, i.e. the Serbs, and

describe that unfortunate period in the early 90-ties as the UNCONTROLLED mutual slaughter of various extremist ethnic groups, which was beneficial ONLY to the Western arms trading crooks.

The "ex-Yugoslav" - dankusti

dankusti on "The International Court of Justice: Serbia, Bosnia, and genocide"

dankusti — Fri, 02 Mar 2007 22:56:46 +0000

What is wrong with these quisling individuals who have sold their souls to the almighty $$$'s of the Western bosses ? Don't they know that the desintegration of Tito's Yugoslavia, which was doing fine during the 70-tis and 80-ties, originated from the MONEY crazed

emigrants from Croatia and some other regions of

central Yugoslavia, who just could not stand to SHARE the tourist dollars , from the Adriatic vacation resorts, built mainly through Tito's

"youth brigades".

Of course, the almighty US "armada", which is

trying to conquer the whole Globe, used these quisling elements to STIR UP the ethnic hostilities, and thus cause all the MUTUAL killings of the Croats, Serbs and "Bosniaks".

So, WAKE up all of you, the "interpreters"

of desintegration of FRJ, and blame all the killings on the REAL culprits, i.e. the MONEY profiteers from the WEST. dankusti

donaldharris on "The International Court of Justice: Serbia, Bosnia, and genocide"

donaldharris — Thu, 01 Mar 2007 15:25:09 +0000

By definition "ethnic cleansing" is synonymous with "genocide". Firstly, a religious group is erroneously classified as an ethnic one, then it is declared to be "unclean", by the act of naming the process set in train.

That this is an act of discrimination cannot be denied. That the act of "cleansing" is genocidal is obvious in its very definition. That the Serbian Government was responsible for the whole process is undeniable; ergo, they are guilty of genocide.

They convicted themselves in the act of declaring their "cleansing" intention. The Court which rules otherwise needs its heads examined.

Donald Harris

aleksandar on "The International Court of Justice: Serbia, Bosnia, and genocide"

aleksandar — Thu, 01 Mar 2007 01:58:44 +0000

I don't know what happened in Srebrenica. What I know is I do not believe anybody saying anything about it. Everyone has some kind of interest there and everyone lies. Starting with the western newspapers that are owned by the people who have interest to colonise the whole former Yugoslavia. Look at Iraq as well. These are the same people. NATO needed Srebrenica because it got the reason to attack Serbs, the only people who resisted the colonisation there. The civil war was created from outside of Yugoslavia.

I saw a video that presented Mladic speaking to the Serbian solders who resisted him. He did not have authority over the solders but he was responsible anyway because killings happened and he did not prevent it. Killings happened for sure at all sides but nobody knows how many. Everyone has an interest to lie.

sanelbabic on "The International Court of Justice: Serbia, Bosnia, and genocide"

sanelbabic — Thu, 01 Mar 2007 01:25:33 +0000

S H A M E

Serbia was convicted for things, which any state

in the EU, UN, and NATO can ce convicted for:

- Failing to stop genocide in Srebrenica

- Failing to hunt down War Crime suspects

- Failing to comply with tribunal mendated to do

the above 2...

The only justice remains to be called out...

elimination of everything that was created through Genocide

(like the "Republika Srpska")

Daniel_12 on "The International Court of Justice: Serbia, Bosnia, and genocide"

Daniel_12 — Wed, 28 Feb 2007 21:25:59 +0000

Two highly estemeed individuals - Professor Martin Shaw and Marko Attila Hoare on one page? What are the odds? As a survivor of war, I would like to personally thank both of you for your condemnation of Srebrenica genocide denial and for your highly estemed historical work. You have no idea how much respect we have for both of you.

As Antonio Cassese (the first president of the International Criminal Tribunal for the former Yugoslavia and later the chairperson of the United Nations International Commission of Inquiry on Darfur, teaches law at the University of Florence) pointed out:

"The fundamental problem with the ICJ's decision is its unrealistically high standard of proof for finding Serbia to have been legally complicit in genocide. After all, one can also be guilty of complicity in a crime by not stopping it while having both the duty and the power to do so, and when, through one's inaction, one decisively contributes to the creation of conditions that enable the crime to take place." ( http://srebrenica-genocide.blogspot.com/2007/02/icj-ruling-bosnia-vs-serbia-dangerous.html )

One can conclude that the system of International Justice is inherently flawed because while it can convict military leaders and politicians it can never successfully prosecute a state for war crimes.

I am also sure that if International Court was located in a Muslim country, it would be far easier to find Serbia responsible for genocide. As my Serbian friend pointed out, Serbia had plenty of time to destroy paper trail linking it to direct responsibilities with respect to Slobodan Milosevic's carnage in Bosnia-Herzegovina.

As Editor-in-chief of the NTV Hayat News network, Senad Hadifejzovic, pointed out:

As Editor-in-chief of the local Bosnian NTV Hayat News network, Senad Hadifejzovic, pointed out:

"Unfortunately, key arguments were not submitted to the International Court of Justice in the Hague at all! The most significant evidence clearly proving the intentions and aims of Serbia were the records of the sessions Milosevic held with the military and political leadership of Montenegro are already in the Hague, - but not in the premisses of the International Court of Justice but ICTY where individuals have been put on trial. However, this evidence, according to the deal made between the ICTY and the government of Serbia MAY NOT BE USED for any other purposes except the stated ones, in particular not to be used in the case of Bosnia-herzegovina vs. Serbia and Montenegro. So simply put, legal team of Bosnia-Herzegovina was not allowed at all to submit the crucial evidence to the Court of Justice at all!"

Unfortunately, what we - Bosniaks (not Bosnian Muslims as courts constantly refer to us) - can conclude that crime pays (sadly). If there is no evidence, there is no crime (and paper trail is easy to destroy - it only takes recycling machine to do it and shred it in pieces...)

Marko Attila Hoare on "The International Court of Justice: Serbia, Bosnia, and genocide"

Marko Attila Hoare — Wed, 28 Feb 2007 19:45:34 +0000

Martin Shaw is spot on. We could summarise the ICJ's verdict as follows: "During 1992, Serbia's forces were guilty of systematic, mass killings of Muslims that resemble genocide in every sense - except insofar as genocidal intent wasn't proved. At Srebrenica, by contrast, genocidal intent was proved and genocide therefore occurred, but Serbia was not in control of Bosnian Serb forces, therefore not guilty - even though it was continuing to finance and supply them."

It's quite unbelievable that this can amount to 'not guilty' - the verdict is an absolute travesty of justice. Combined with the failure of the ICTY to indict almost anybody of significance from Serbia for war crimes in Croatia and Bosnia, this should lead us to question whether international courts will ever serve to punish crimes of this kind.

The International Court of Justice: Serbia, Bosnia, and genocide, Martin Shaw

Wed, 28 Feb 2007 00:00:00 +0000

The world court's decision to clear Serbia of genocide in Bosnia is an exercise in denial, says Martin Shaw. Read the rest of this post...