Srebrenica Massacre

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    Is Dissolution a Solution for Bosnia and Herzegovina?

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    The latest crisis in Bosnia and Herzegovina was provoked by the outgoing high representative, the Austrian diplomat Valentin Inzko, and his July move to enact the amendment to the country’s criminal code. Among other things, Article 1 (Amendment to Article 145a of the Criminal Code) specifies that whoever denies the crime of genocide, crimes against humanity or a war crime as established by the International Criminal Tribunal for the former Yugoslavia (ICTY) or a court in Bosnia and Herzegovina may face up to five years in prison.

    The article also states that “whoever gives a recognition, award, memorial, any kind of memento, or any privilege or similar” to a person sentenced for genocide, crimes against humanity or a war crime will be punished by imprisonment for a term “not less than three years.” Decisions made by the high representative have the power of state laws.

    In Republika Srpska, one of the constitutive parts of Bosnia and Herzegovina, this move is perceived as a direct attack on the leadership in Banja Luka. The reason is the disputed qualification of the July 1995 Srebrenica massacre, where, according to some estimates, more than 8,000 Muslim Bosniak men were killed by the Bosnian Serb forces. In a number of rulings, the ICTY qualified the massacre as a genocide. While Republika Srpska does not deny the existence of the crime, it contests the genocide designation.  

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    Many scholars have questioned the validity of such a categorization in view of the Convention on the Prevention and Punishment of the Crime of Genocide and the way this term has been used in legal practice prior to the ICTY ruling. The 2020 concluding report by the Independent International Commission of Inquiry on Suffering of All People in the Srebrenica Region Between 1992 and 1995, produced by a group of 10 international scholars from countries like Israel, US, Nigeria, Germany and Japan, among others, was the latest to raise concerns around the use of this terminology.

    In response to the decision of the high representative, Milorad Dodik, the Serb member of the presidency of Bosnia and Herzegovina, called for a meeting of the parliament of Republika Srpska in order to come up with a legal response to Inzko’s decision, which would render this, as well as any future decisions by the high representative, ineffective in its territory. Dodik also threatened, not for the first time, to proclaim the independence of Republika Srpska if the pressures and attacks from the office of the high representative, together with those coming from the federation, continue.

    An Impossible Situation

    Bosnia and Herzegovina, once a constitutive part of the Socialist Federative Republic of Yugoslavia, was established as an independent state by the General Framework Agreement for Peace in Bosnia and Herzegovina, known as the Dayton Peace Agreement, concluded in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14 that year.

    The Dayton Accords put an end to the armed conflict that followed the disintegration of Yugoslavia, in which about 100,000 people lost their lives. It created a complicated and highly inefficient state consisting of two entities, each with its own government: Republika Srpska, with Serbs as the ethnic and majority, and the Federation of Bosnia and Herzegovina, with Muslims/Bosniaks — since the 1990s, many (former) Muslims in Bosnia and Herzegovina identify ethnically as Bosniaks — as the majority and Bosnian Croats as a constitutive ethnic group, yet in reality an ethnic minority.

    Later on, the federation was further split into 10 cantons, each with its own government. In addition to the two parliaments, there is a parliamentary assembly at the level of Bosnia and Herzegovina, which consists of the House of Peoples and the House of Representatives. In theory, the country’s highest executive body is the collective presidency that consists of three members from each of the major ethnic groups and decides by consensus, which, in practice, means that its work is often blocked. However, the real sovereign in Bosnia and Herzegovina is not its people, the parliament or the presidency, but the high representative.

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    Annex 10 of the Dayton Accords instituted the Office of the High Representative. Initially envisioned as an international chair with the mandate to oversee the implementation of the agreement, the office was radically transformed in 1997 with the so-called Bonn Authority, when the Peace Implementation Council gave the Office of the High Representative almost limitless powers in Bosnia and Herzegovina without any democratic legitimacy. Using the power granted to them by the Bonn agreement, many representatives have behaved as colonial governors, vetoing and overruling decisions made by local authorities at all levels of government, removing democratically elected officials, and arbitrarily changing state legislation.

    Bosnia and Herzegovina found itself in an impossible situation. Its highly dysfunctional political system is often criticized in the West for the lack of democracy, transparency and accountability, and yet the Western powers fully support the Office of the High Representative that, itself undemocratic, only prevents the development of democratic institutions in the country.

    Conflicting Visions

    In addition to this already complicated institutional setup, it is clear that visions for the future of Bosnia and Herzegovina sharply differ between its two constitutive entities. In Bosnia and Herzegovina — especially among the Muslim/Bosniak majority — there is strong support for a unitary state, the prerequisite of which would be the disintegration of the two entities mandated by the Dayton Accords.

    On the other hand, the leaders of Republika Srpska, enjoying strong popular support, see its existence, with all of the competencies initially bestowed upon it, as the prerequisite for the existence of Bosnia and Herzegovina, as established in Dayton. Every attempt to diminish Republika Srpska can only lead to the disintegration of Bosnia and Herzegovina. If done violently, it can lead to a new war.

    In this highly charged atmosphere, the question of how to describe the Srebrenica massacre is extremely important. Republika Srpska has often been called a “creature of genocide” by many local Bosniak politicians and journalists. In Banja Luka, this is perceived as a way of delegitimizing Republika Srpska. For this reason, there is a fear that popularizing the term “genocide” as a way of describing the massacre — and now outlawing any questioning of this qualification — may be used as a political instrument against Republika Srpska with the intent to create a unified Bosnian state in which the Serbs would be marginalized and oppressed.

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    Bosnia and Herzegovina, no doubt, represents an epic failure of Western policies toward the region. It is a dysfunctional state, in which local nationalist elites on all sides don’t need a political program to be reelected; the mere existence of nationalist elites in one entity has been sufficient to keep them in the position of power in the other. A significant number of Bosnia and Herzegovina’s citizens do not perceive this state as their country. With two fundamentally conflicting visions for the future, the only way to keep a pretense of a functioning state is through the existence of the undemocratically appointed foreign governor.

    In such a situation, one cannot but wonder why Western powers consistently obstruct any discussion of alternative options for Bosnia and Herzegovina. Is it because opening that question would expose decades of their ineffective and highly destructive policies toward both the country and the region? Or is this instability in the interest of both those Western centers of political and economic power as well as local political elites?

    Given the deadlock and the level of tension generated and perpetuated by the mainstream media, it seems that a peaceful dissolution of Bosnia and Herzegovina along the lines of its constitutive entities would be a much better long-term solution. It may even be the only viable solution that could prevent further suffering of the people in Bosnia and Herzegovina and its rapid depopulation, which has been unfolding as a result of economic depression and the lack of faith that the situation will improve in the foreseeable future. A peaceful dissolution could lead to more stability in the region and to better functioning of democratic institutions without (neo)colonial governors. 

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Memory Politics: Serbia’s Genocide Denial

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      In January this year, the public attention was drawn to a Serbian souvenir shop selling shirts with the inscription “Noz, Zica” (“Knife, Wire”), the slogan celebrating the 1995 genocide in Srebrenica where the Bosnian Serb forces killed more than 8,000 Bosniak men and boys. The Belgrade-based shop specializes in streetwear honoring Serbian nationalism, irredentism and military history from World War II to the 1990s wars in former Yugoslavia.

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      The social media outrage quickly resulted in a ban on the controversial merchandise by Serbian state authorities for inciting national and religious hatred, forcing the shop to publicly apologize. It could seem that denial or celebration of the Srebrenica genocide was unacceptable beyond far-right circles in Serbia, where Ratko Mladic, a Bosnian Serb army general convicted of genocide by the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, is considered a hero. However, genocide denial has been the official policy of the Serbian state since the 1990s.

      Memory Inversion

      Six months before the scandal, Serbian media reported extensively on the 25th anniversary of the Srebrenica massacre. However, the narrative focused not on the genocide and its victims but highlighted the date, July 11, as the anniversary of an alleged assassination attempt on Serbia’s president, Aleksandar Vucic. The incident happened five years earlier when Vucic attended the commemoration of the 20th anniversary of the genocide in Potocari, in Bosnia and Herzegovina. He was chased away from the memorial with bottles and stones thrown at him.

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      Since 2015, state officials and the media have engaged in memory inversion, repurposing the anniversary of the genocide for the victimization of the Serbian president. Through the shift of public attention away from the genocide and to the alleged assassination attempt, Aleksandar Vucic became the central victim to be remembered on July 11. The representatives of the ruling Serbian Progressive Party (SNS) and its coalition partners have demanded an investigation and justice for Vucic, accusing the Bosnian authorities of stalling the case.

      For those familiar with his political career, it is more surprising that Aleksandar Vucic went to the Srebrenica genocide commemoration in the first place rather than that his visit caused so much anger among the crowd. Only nine days after the fall of Srebrenica in 1995, Vucic, then an MP with the far-right Serbian Radical Party (SRS), supported the threat expressed by party president Vojislav Seselj to kill a hundred Muslims for each dead Serb. Speaking in parliament, Vucic called the threat proof of “the great freedom-loving tradition of the Serbian Radical Party.”

      Although he argued that the statement was taken out of context and that he would not repeat many things he said back then today, it is clear that Vucic has not entirely moved away from the radical politics of the 1990s. Many other current state actors were involved in the war, either as members of the SRS or of former President Slobodan Milosevic’s Socialist Party of Serbia.

      Official memory politics in today’s Serbia illuminate the broader issue of the continuities, both in society and the political arena, between the 1990s and the present, bearing similarities to the nationalist mobilization for the wars in Croatia, Bosnia and Herzegovina, and Kosovo. The dominant war narratives center on the heroism of the Serbian armed forces and the innocence and suffering of the Serbs, leaving no space for the acknowledgment of war crimes committed by the Serb forces and the plight of non-Serb victims. Recognition of the Srebrenica genocide does not fit this master narrative.

      Official Stance

      No government since the fall of Milosevic in 2000 has recognized what happened in Srebrenica as a genocide. The official stance has always been genocide denial — not contesting that the killings actually took place but refusing to accept the ICTY ruling the events a genocide, as well as denying any responsibility on behalf of Serbia. Hence, genocide denial is not a new phenomenon, predating the coming to power of the Serbian Progressive Party in 2012 characterized by the decline of democracy and right-wing populism.

      The novelty lies in the blunt openness about genocide denial that coincides with the claims that Serbia is extending the hand of reconciliation across the region. This narrative of commitment to reconciliation is the reason why Aleksandar Vucic went to Potocari in 2015 all the while negating the very fact of the Srebrenica genocide.

      Genocide denial is not only a war narrative promoted from above — it resonates across Serbian society and beyond. In March, an anonymous source sent photos to the Vreme weekly showing unpacked stacks of books brought for the patients at a temporary COVID-19 hospital in Belgrade. Among the books was “Srebrenica: An Official Lie of an Era,” which promotes a theory that the recognition of the Srebrenica genocide was a result of a longtime Bosniak and international conspiracy.

      The book emerged from the revisionist Srebrenica Historical Project, financed by Republika Srpska, whose publisher, Milorad Vucelic, was the director of the Serbian national television and war propagandist during the 1990s. Vucelic is also the president of FC Partizan, whose far-right supporters are ardent admirers of Ratko Mladic and even staged a demonstration in front of the prison in the Netherlands where the former general was being held in custody in 2019.

      The only genocide that the Serbian state officials and the radical right recognize and commemorate is the one against Serbs in the Independent State of Croatia during World War II. It is often brought up in the context of the Srebrenica massacre as the most terrible crime, creating a hierarchy of victimhood where the tragedy of Srebrenica is insignificant in comparison to the Serbian suffering.

      The binary narrative of glorious Serbian heroes and innocent victims forms the basis of official memory politics of the authoritarian regime of the Serbian Progressive Party and does not allow the acknowledgment of the members of the Serbian nation as genocide perpetrators. In such a political and mnemonic setting, the recognition of the Srebrenica genocide is impossible.

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More