Biodun Iginla, BBC News

Biodun Iginla, BBC News
Showing posts with label International Criminal Tribunal. Show all posts
Showing posts with label International Criminal Tribunal. Show all posts

Thursday, November 23, 2017

Bosnia has yet to turn page after Mladic verdict


by Elodie Bagnol and Biodun Iginla, France24, SARAJEVO


    © AFP / by Rusmir SMAJILHODZIC | Relatives of Muslims killed during the 1990s war were overjoyed with Mladic's guilty verdict

    SARAJEVO - 
    The international court has finished its work and Bosnian Serb wartime military chief Ratko Mladic will end his days in prison, but Bosnia will struggle to turn the page on its ethnic war.
    "A judicial process in itself can never achieve reconciliation," the UN war crimes court's chief prosecutor Serge Brammertz told us at France24 ahead of Mladic's guilty verdict, which was delivered Wednesday.
    "Reconciliation has to come from within society," he added.
    But the process of reconciliation has stalled in the Balkans, the Council of Europe rights commissioner Nils Muiznieks wrote.
    He cited "mounting ethnic divisions and polarisation in the region" as well as a "denial of genocide (and) glorification of war criminals."
    Even now, Bosnian Serb politicians "remain prisoners of the idea that it is a political tribunal, a historic injustice towards Serbs," independent political analyst Tanja Topic said.
    For most Bosnian Serbs, the Mladic verdict is no turning point, as it will not trigger a change in attitude towards war crimes committed by Serb forces, she added.
    The International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague on Wednesday sentenced Mladic to life in prison for genocide during Bosnia's 1992-1995 war.
    Just a few hours before the verdict, a few kilometres (miles) from the Srebrenica massacre memorial, several posters were seen showing Mladic in uniform with the caption: "You are our hero."
    Bosnian Serb political leader Milorad Dodik called the convicted war criminal a "legend for the Serbian people."
    More than two decades after the end of the war, that view continues to be held by most Bosnian Serbs.
    While Bosnian Serbs are Orthodox Christians, and represent a third of the small Balkan country's 3.5 million inhabitants, Muslims make up a little over a half of the population and Catholic Croats 15 percent.
    - 'Three truths' -
    Those who refuse to define themselves along ethnic-religious lines -- called the "others" ("ostali") -- represent only three percent of the population.
    Symbolising their marginalisation, the constitution says that they can not aspire to become members of the country's tripartite presidency.
    The Dayton peace agreement silenced the guns in November 1995.
    But according to Predrag Kojovic, head of small multiethnic party Nasa Stranka (Our Party), it also "gave the nationalists virtually unlimited power over their ethnic territories."
    It helped them "achieve the goals they had set out to attain during the war through other, political means," he said.
    A quarter of a century after the start of a war that left 100,000 dead and 2.2 million displaced, representatives of all ethnic communities still evoke the concept of "three narratives" or "three truths" about what happened.
    School segregation, implemented under the pretext of protecting minority rights, helps perpetuate this conflict of historical memory.
    Meanwhile the divide between ethnic communities has continued to deepen since the 1992-1995 war.
    The northern city of Banja Luka, for instance, was once multi-ethnic -- 49 percent of its inhabitants were Serbs, while Muslims and Croats represented 19 and 15 percent respectively.
    Banja Luka is now 90 percent ethnic Serb.
    A symbol of multiculturalism under the communist Yugoslav era, the capital Sarajevo followed the same trend and is now home to a large Muslim majority.
    - High school visits -
    The Serbian mayor of the town of Srebrenica, scene in 1995 of Europe's worst massacre since World War II, says he believes in a society where once rival communities can live together in peace.
    In his office, Mladen Grujicic shows off child's drawing that he keeps next to his desk, of a Serb and a Bosnian Muslim reading together -- one the Bible, the other the Koran.
    But still "it is obvious that Bosnia-Herzegovina does not work" as a state, he said.
    Nonetheless Zijad Bacic, 40, wants to believe in it.
    Bacic survived a massacre in Zecovi, a village in northwestern Bosnia, which saw 17 members of his family executed by Mladic's forces.
    Along with other war victims, Serb and Croat, he regularly visits high schools to tell his story.
    "People who know that we have no other choice but to live together started the process of reconciliation at the end of the war," Bacic said.
    He remembers that although it was Serb forces who murdered his family, other Serbs risked their lives by hiding him and helping him to escape.

    Wednesday, November 22, 2017

    Yugoslav war crimes court helped end era of impunity--analysis


    by Isabelle Roussel and Biodun Iginla, France24 News Analysts, The Hague


      © AFP/File / by Jo Biddle | Sceptics feared the tribunal would secure no indictments, no convictions and no sentences -- but confounded the naysayers, not least with a life sentence for Bosnian Serb military leader Ratko Mladic, pictured in 1994 and in court for his verdict

      THE HAGUE - 
      Born from the fires engulfing the Balkans in the 1990s, the International Criminal Tribunal for the former Yugoslavia closes next month having tried and judged dozens of those behind Europe's worst atrocities since World War II.
      From helping to write the history of the bitter conflict, to putting war criminals around the globe on notice that they too could up in the dock, to setting international jurisprudence for such crimes as genocide, law experts say the tribunal leaves an impressive legacy.
      It showed it was "possible to bring to justice the high-level figures responsible for the crimes committed in the Balkans conflict", said Diana Goff, an international lawyer and research fellow at the Clingendael Institute.
      And "it provided an updated blue-print for how to create an international criminal tribunal in the post-Cold War era".
      Alarmed by reports of mass killings, systematic rape and ethnic cleansing as inter-communal rivalries ripped Yugoslavia apart after the death of its iron-fisted ruler Tito, the international community decided something had to be done.
      But absent political will for a military intervention, the UN Security Council in May 1993 made a gesture, adopting resolution 827 creating an international tribunal "to put an end to such crimes and ... to bring to justice the persons responsible".
      The ICTY was the first war crimes court set up by UN and the first international tribunal established since the Nuremberg trials went after those behind the horrors of the Nazi regime.
      - Low expectations -
      It was also to provide a model for similar ad-hoc tribunals to prosecute those responsible for the 1994 genocide in Rwanda, and atrocities in Sierre Leone.
      But "expectations were not very high" at first, admitted the court's chief prosecutor Serge Brammertz in an interview ahead of Wednesday's guilty verdict and life sentence handed down to brutish former Bosnian Serb military commander Ratko Mladic.
      Sceptics said at the time there would be no indictments, no convictions and no sentences.
      Now, as the court prepares to close its doors on December 31 having indicted 161 people, all of whom faced some kind of justice, expert Goff said it had set "a gold standard" for prosecuting and defining such complex crimes as genocide.
      It became the first international court ever to indict a sitting head of state, when in 1999 it unveiled an indictment against then Serbian president Slobodan Milosevic.
      More than 4,000 witnesses have testified over the years, allowing their stories and their voices to be heard. And the tribunal leaves behind millions of pages of documents as a reference library for posterity.
      "The main legacy is these trials in which hundreds have testified and presented their irrefutable record of the mass atrocities committed in the former Yugoslavia, on frankly all sides," former US ambassador for war crimes issues, Stephen Rapp, told us at France24. 
      "That's a legacy that will last forever."
      - Reconciliation -
      But criticism remains that the tribunal failed in its loftier ambitions -- to ensure reconciliation, amid warnings of a new rise in nationalism in the region.
      "Virtually all parties to the conflict believe that they were targeted by the ICTY too much and their adversaries targeted too little," said Mark Kersten, a researcher into international criminal justice.
      Brammertz acknowledges the criticism, but stressed "a judicial process in itself can never achieve reconciliation. Reconciliation has to come from within society".
      Rapp, former chief prosecutor for the special court of Sierre Leone who tried ex-Liberian president Charles Taylor, agreed, saying demanding reconciliation from a court was "asking too much of justice".
      But he insisted the ICTY had helped dissipate calls for vengeance.
      "Part of the problem in the former Yugoslavia, for instance, was the absence of justice for crimes in World War II so the Serbs felt, 'the Croatians were fascists, they did horrible crimes against us and they never paid for that'," said Rapp.
      So could the ICTY be a model for trying those behind crimes in Syria or in Myanmar?
      "The international community has decided ... there is going to be criminal accountability for people in the world who do the kinds of things that we're investigating," said David Schwendiman, prosecutor for a specialist court for Kosovo.
      But he said the age of the expensive -- the ICTY cost about $200 million a year -- lawyer-heavy courts may be over, in favour of hybrid tribunals, using domestic law and international judges for example.
      While it is a "given now" that there will be accountability for war crimes, "how that's done is a big question", said Schwendiman.