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L.Frassineti - 17 ottobre 1994
457, 16-Ott-94, 14:40, TCRADE@umsvm.bitnet, Radical.Party, *, 45694
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Date: Sun, 16 Oct 94 08:35:16 CST

From: TCRADE%UMSVM.BITNET

Subject: Med. Quarterly

To: Radical.Party@agora.stm.it

MEDITERRANEAN QUARTERLY

Volume 5 Number 3 Summer 1994

p.24-41

Yugoslavia's Wars of Secession and Succession: Media

Manipulation, Historical Amnesia, and Subjective Morality

Carl G. Jacobsen

[Carl G. Jacobsen is director of the Eurasian Security Studies

Organized Research Unit in the Department of Political Science at

Carleton University and a consultant on post-Soviet, Eurasian,

and security issues. He is also director of the Independent

Committee on War Crimes in the Balkans and its archives in

Ottawa, Canada. He has written five and edited six books, including

Strategic Power: USA/USSR and World Security: The New Challenge.]

The Croatian Relief Fund's 1991 television and print

campaign brought searing pictures of Croat victims into Western

homes. These images introduced most viewers and readers to

Yugoslavia's breakup. Then came reports of ethnic cleansing and,

as the war spread to Bosnia, of Serb "concentration camps." These

were followed by charges of systematically organized rape

campaigns against Muslim women; the figure of 40,000 to 50,000

victims was and is generally accepted (some initial reports went

as high as 250,000). Serbs became moral outcasts. Economic sanctions

were imposed, crippling industries and slashing living standards.(l)

A UN war crimes commission was created, with money and

mandate focused on Serb atrocities and Serb perpetrators.

Editorials and op-ed articles in the New York Times, the

Washington Post, and other leading newspapers urged American

intervention to save Bosnia from Serb dismemberment, to "punish

Serbs," bomb Serb forces, and send more and heavier arms to the

Muslims. The Clinton administration agreed in early May 1993,

although action was deferred for lack of consensus. But the

pressure to intervene against Serb forces did not abate; spring

1994 brought joint UN and NATO action to expel Serbs from

designated (Muslim) "safe havens."

Serb leaders, followers, and rogue elements do indeed have

much to answer for. They have clearly been perpetrators, although

they also have been victims--not least of a manipulated media

campaign that in its singleminded obsessiveness has distorted the

evidence and made final judgment more difficult. Convictions

based on false evidence, as detailed below, will taint any

convictions based on more reliable testimony. They mock due

process and any hopes for establishing legal precedents.(2)

The Anti-Serb Media Campaign's Relationship to Reality

The persuasiveness of anti-Serb information and propaganda,

together with German insistence, drove Western support for the

self-determination of Slovenes, Croats, and Bosnian Muslims.

Their secessionist governments were recognized in January 1991.

The right to self-determination was not extended to Croatia's six

hundred thousand Serbs. Little thought was given to the fact that

the Croatia thus recognized was first given "independence" by

Hitler and Mussolini, with an Ustashe Nazi party clone and a

mini-Fuhrer, Ante Pavelic, whose regime was convicted of genocide

against Serbs and Jews by the Nuremberg tribunal. Its borders

also reflected Nazi and later Titoist determination to split the

Serb nation and thus weaken Serb opposition.

Croatia's president, Franjo Tudjman, a police general in the

former Communist regime, minimizes the genocides against Serbs

and Jews alike; the nationalist banner hoisted by his party and

government in 1990 sanctified the insignias, songs, and legends

of the Ustashe and encouraged or allowed army units and others to

flaunt them.(3) To many Croats, these were but symbols of

independence and pride. To Croatia's Serb population, however,

they were starkly ominous, as was the suspension of police and

judicial authority in districts that voted against Tudjman in

1990.(4) Tudjman's promulgation of a draft constitution that

omitted Serbs from its list of recognized minorities (Western

pressure forced amendment, but by then it was too late), the

publication of The Black Book (actually pale blue), which listed

Serb family names in Western Slavonia, and the first ethnic

cleansing, ordered by Croat commanders, sparked and fueled the

ensuing revolt by areas with larger Serb populations, including

the now "independent" state of Krajina.(5)

With the benefit of hindsight, it is clear that the denial

of self-determination to Croatia's Serbs, a reflection of the

"principle" that established borders must be respected, was a

tragic mistake. To expect Serb populations to accept Croatian

sovereignty was like expecting Warsaw ghetto survivors to accept

a German state with Nazi symbols: it made war inevitable.(6) The

principle" referred to was in any case a principle violated: the

Helsinki Accords of 1975 sanctified European state borders,

including Yugoslavia's, but not internal administrative or other

divisions and ordained that these state borders could be changed

only with the consent of the affected states.

The recognition of Bosnia, whose borders reflected the

politics and will of former Communist dictator Tito and of

Bosnia's current Muslim-led government as the inheritor of power,

was equally incendiary. It also contravened Bosnia's

constitution, which stipulated that constitutional change must be

approved by each of its three constituent components.(7) Bosnia

was historically Serb, as recognized by Nazi Germany when it

annexed Bosnia to Croatia and by American presidents Woodrow

Wilson and Franklin Delano Roosevelt, both of whom also assigned

united Serbia considerably more territory than that now said to

be conquest-won. Even after their wartime decimation, Orthodox

Christian Serbs remained the largest ethnic group until the

1960s, when Tito granted Muslims ethnically distinct status and

relocated some Serbs to Serbia. Yet today's non-Muslim Serb

population, if one adds Montenegrins and those who classify

themselves as Yugoslavs, still rivals Muslim numbers and

dominates rural regions.(8)

Furthermore, the Muslim-led government that claimed

legitimacy rested on a temporal and highly uncertain alliance

with Bosnia's third minority, the Croats. Croat support for Alija

Izetbegovic's government was tactical, anti-Serb rather than

pro-Muslim. By early 1993, as both Western support for the

Muslims and pressure on Bosnia's breakaway Serb state grew, and

notwithstanding Serb-Croat clashes in and around Krajina, there

were a number of instances of Serb-Croat military cooperation in

the Fojnica-Kiseljak-Kresevo region of central Bosnia; when Serb

forces took (retook) Sarajevo's suburbs to the west and northwest

of the city, they handed one, Stup, to the Croats.(9) In May

1993, as fierce Croat-Muslim fighting flared in Mostar and else-

where, Serb-Croat forces signed a formal cease-fire agreement.

Western media rarely reported such complexities or their

implications. The media generally accepted the Croat and later

Muslim campaigns' assertion that rebellions by Croatian or

Bosnian Serbs were at the behest of the government of Slobodan

Milosevic in Belgrade. There was little appreciation of the fact

that many of the Serb rebels were opponents of that government

too, or that many Croats, especially in the northeast, also voted

overwhelmingly against Tudjman and supported the secessionists

and/or union with Yugoslavia. Few reported on the Serbs who

supported Bosnia's Izetbegovic government in the early days,

until it reneged on the equally underreported 18 March 1992

Lisbon agreement, which reaffirmed constitutional protection for

Bosnia's tripartite essence.

This about-face was one of a number of occasions when the

West's historical myopia and partisan morality encouraged

maximalist Muslim expectations that ultimately served only to

fuel and perpetuate war. One of today's more startling ironies is

that the government subsequently elected in secessionist Serb

Bosnia is arguably more representative and protective of ethnic

diversity than is Sarajevo's.(10)

There is a "Greater Serbia" specter that sees the Serb

populations of other republics/states as the outposts of imperial

ambition, with the corollary that their aspirations are

extensions of Belgrade's and/or that it is just to expect them to

relocate to Serbia proper. Croats, indeed, remember that inter-

war Yugoslavia became a fig leaf for Serb domination partly in

response to the legacy of the First World War. Yet, the Serb

population constituted the majority of what is now Krajina long

before Yugoslavia, and even longer before Croatia, first became a

state. And Serb population pockets elsewhere in Croatia and

Slovenia often had equally deep or deeper roots. Non-Muslim Serbs

held title to about 65 percent of Bosnia before the current

conflict; Muslims were always more concentrated in urban areas.

The Vance-Owen UN-European Community peace plan, far from

rewarding Serb aggression, in fact gave land to Bosnian Muslims

and/or Croats that had never been theirs. One might also ask, as

Serbs do, why Greater (or united) Serbia is less legitimate than

Greater Croatia and Greater Muslim Bosnia.

Serb paramilitary and private armies are assumed to reflect

Belgrade's will, and their actions have at times been coordinated

with those of the Yugoslav army, as in the final days of the

siege of Vukovar. But there is ample evidence that many such

units, now proliferating on all sides, are in fact more like

German Freikorps some with passionate nationalist agendas that

would sustain them even if their supposed masters pulled back,

while others are little more than bandit gangs. The infusion of

mercenaries, from Iranian Revolutionary Guards to veterans of

France's Foreign Legion and British, German, Australian, and

other soldiers of fortune, is another wild card that sows the

seeds of anarchy.

The myopia and bias of the press are manifest. The

Washington Post, France's L'Observateur, and other leading

newspapers have published pictures of paramilitary troops and

forces with captions describing them as Serb, although their

insignia identify them as Ustashe or Muslim.(11) A February 1993

L'Express cover story titled "Yougoslavie Crimes sans chatiment"

depicted one of Arkan's Tigers militia standing over "Croat"

bodies after the fall of Vukovar, yet most were Serbs certified

dead by the city's former Croat administrators!(12) Such examples

abound. The emaciated body featured as a "Serb concentration camp

victim" by Time and others proved to be a Serb tuberculosis

victim. There was no retraction. In early March, the world media

presented headlines and feature stories on Serb massacres fol-

lowing the capture of Muslim enclaves in eastern Bosnia, yet

neutral on-the-ground observers disputed the claim.(13) In April,

outrage focused on the Serb attack on Srebrenica, with no mention

of the scarcely covered Muslim offensive that first took Srebrenica

in April 1992, cleansed Serb villages in eastern Bosnia, and struck

into Serbia proper before the tides of battle turned.

When the devastating charge of systematic rape of Muslim

women hit the headlines, there was no mention of the fact that it

preempted earlier Serb accusations. Muslim charges were accepted

at face value, with no mention of the gynecological evidence and

psychiatric follow-up on the Serb victims, whose trauma, anger,

shame, and response closely resembled Western rape reaction

patterns.(14) When the Belgian government denied visas to all but

one of the female Serb medical and other caseworkers who sought

to attend a conference on Balkan rape in Brussels in February

1993, there was no media outcry.(15) When one of the Muslim women

who had testified to Serb rape gave birth to a black baby in

Geneva, it did not make the news.(16)

When the first "witness" to Muslim rapes, a young Serb

captured and interrogated by Muslim troops, told of his unit's

rape "orders," it was splashed on every front page and featured

in every newsmagazine. Yet he also accused Canada's General Lewis

Mackenzie of repeated rapes.(17) Editors cut this as blatantly

false, yet headlined the rest as fact. None asked whether the

charge against Mackenzie, who secured Sarajevo's airfield for the

UN, also owed anything to his evenhanded reports of witnessed and

alleged Muslim atrocities. None asked whether the charge against

the Serbs might be similarly biased.

Ethnic cleansing has been described as an exclusively Serb

preserve. This is myopia at its most extreme. All sides in Bosnia

have ethnically cleansed, as has the rest of the world in similar

circumstances. England ethnically cleansed Acadian French from

Nova Scotia; the United States ethnically cleansed Native

American nations; Stalin did it to Tartars and others; the

victors in the Second World War condoned it on a mass scale in

east-central Europe; and Israel ethnically cleansed some seven

hundred thousand Palestinians in 1948-49. China prefers a

variant, ethnic swamping, but it has the same effect.

Although disconcerting to some and unrealized by most, by

early to mid1993 there were more Croat and Muslim refugees in

Serbia than in Croatia and Bosnia, most quartered with private

families. There were also, of course, Serb refugees, 170,000 from

western Slavonia alone. As a result of sanctions and discriminatory

bilateral aid policies, these refugees receive only 5 percent of the

foreign aid given to refugees in Croatia and Bosnia; the children

and sick suffer disproportionately from shortages of medicines,

diapers, dialysis machines, and a host of other essential articles.(18)

This has been ignored by the Western press.

Partly as a consequence of reports from some of its own

officials, UN agencies (and most responsible media sources)

eventually acknowledged that atrocities were also committed by

non-Serbs, yet Serbs continued to be singled out as those most

responsible. Such judgment is largely a matter of what is counted

and what is not and why. The detailed identification of Croat-

and Muslim-controlled prison camps prepared by the anti-Milosevic

opposition Serbian Council Information Center in Belgrade, with

accompanying documentation of rape and other war crimes committed

against Serbs, is excluded from UN reports and media coverage.(19)

Some have not been visited by the UN because access is denied by

Bosnian authorities who insist that they lie in "war zones," even

though they often are free from combat; some, now controlled by

Bosnian Serb forces, have not been visited because of UN mandate

restrictions, although safe passage has been assured.

In February 1993, the New York Times Magazine printed a

typical article on Milosevic's "stealing" of the January 1993

Serb presidential election; it was written by the American

campaign manager of Yugoslavia's moderate Serb-American prime

minister, Milan Panic, who lost the election. Western diplomats

and other observers already had concluded that, despite manifest

irregularities, the election result and the surprising

second-place showing of a right-wing nationalist party did

reflect public opinion.(20) The article ignored this and the real

reasons for Panic's defeat. One was Western sanctions.

These sanctions did not seriously constrict the now more

homogeneous Serb army of remaining Yugoslavia, for its military

industry is self-sufficient, but they devastated the lives of

poorer Serbs, the old, the young, and refugees. This caused a

backlash of sharp resentment that clearly benefited Milosevic.

The second reason for Panic's defeat lay in his exchange of

prisoners, many of whom had been tried and convicted of Vukovar

killings, for Croatian Serb prisoners, many of whom were too

young or old to have been combatants.(21)

Newsweek's feature story on the Clinton administration's May

1993 decision to launch air strikes against Serb positions and

permit arms deliveries to Muslim forces, if Washington's allies

would agree, was a classic example of jingoistic

misinformation.(22) The bloodied boy on the front cover had

fallen victim to the final Serb artillery shelling of Srebrenica.

But he should have left that city four days earlier, when 150 UN

trucks were dispatched to evacuate children and refugees in

accordance with a UN-brokered agreement, signed by Izetbegovic.

The local Muslim commanders sent the trucks back empty,

preferring to retain "human shields." Newsweek made no note of

this, nor of the resultant moral conundrum. Three and a half of

the four pages of gruesome pictures that introduced the text

depicted victims of Croat-Muslim battles in central Bosnia the

week before. Newsweek's captions did not note this, leaving

readers to assume Serbs were to blame.

Time magazine provided similar coverage. The firing soldier

in its cover photo of "Serb murders wounded man" in Brcko wears a

uniform unlike any worn by Bosnian or Serb forces; the

architecture is foreign to Brcko; and a sign (Donn Zela)

identifies the location as Slovenian. In fact, the picture was

taken by a Reuters photographer in early May 1992!(23)

The New York Times also demonstrated the same susceptibility

to ignorance, sloppiness, and bias most typically, perhaps, in

its headline for Radovan Karadzic's factual and, if anything,

understated reporting of the results of the Bosnian Serb

referendum. The Times headline stated that the referendum was a

case of the Serbs "flaunting" their independence before the

United States.(24) Its earlier reporting of the resignation of a

State Department officer protesting inaction against Serbs, and

of the letter signed by UN ambassador Madeleine Albright and

twelve State Department officials that apparently persuaded

Clinton, suggested that these individuals embodied the considered

opinion of Yugoslav and post-Yugoslav specialists; in fact, only

two had any area expertise at all.

A New York Times Pulitzer Prize-winning Bosnia correspondent

wrote of Bosnia's one thousand years of interethnic and religious

peace, betraying a historical ignorance so profound as to make

flat-earth believers appear omniscient. The Times's coverage was

in fact wondrously consistent. It rightly blamed Serbs when the

evidence so warranted; it also blamed Serbs when UN ground

commanders found reason to believe Serb accusations that jihad

fanatics had perpetrated massacres on their own to "prove" Serb

perfidy.

Media manipulation as a prelude to intervention is nothing

new. Outrage at reports of babies thrown out of incubators

propelled the march to war in the Persian Gulf. Only after the

war did it become clear that the tale was Kuwaiti propaganda. The

supposed nurse witness who testified so eloquently to Congress

was later identified as the Kuwaiti ambassador's daughter; the

tale was false. The Tonkin Gulf Resolution, which had authorized

escalation of the Vietnam War, the armless Belgian baby pictures

that drove public support for British and American entry into the

First World War, and the Hearst newspaper chain's depiction of

the sinking of the battleship Maine that led to the

Spanish-American War were equally false. So also have been other

countries' public relations campaigns on the threshold of war. In

all these cases, however, it could be argued that the propaganda

efforts, whether or not carried out directly by governments, did

serve their purpose. Whether this campaign, funded largely by

Croats and money that left Croatia after the Second World War,

may be similarly described is more uncertain. History may instead

judge it a classic instance of foreign purpose successfully

manipulating other governments to serve its goal.

Serbia's "Truth" and Paranoia

The Genocide against the Serbs exhibition at Belgrade's

Museum of Applied Arts presents photographs of slaughter at the

hands of Croat units of the Austro-Hungarian army during the

First World War and at the hands of the Ustashe during the Second

World War. Then come today's pictures: once again, eyeless and

axed heads, Ustashe trademarks (with captured axes and

two-pronged "forks" designed to gouge out pupils), and headless

corpses floating down the Danube with signs saying "To the meat

markets of Belgrade."(25)

There is an old man in Vukovar today's Stalingrad in the

midst of houses missing walls or roofs, legacy of the fiercest

house-to-house combat since the Second World War. He has a

two-inch-deep bullet hole in the back of his neck and an empty

hollow where his right eye had been. Left for dead with his

executed wife (they were taken from their cellar, as were other

Serbs on their block before Vukovar's fall), he is the sole

survivor among his neighbors. He identified his "killer," who was

tried and convicted, then exchanged by Panic. There are many,

many such stories.(26)

Some, such as the frequently heard story of Serb children

pinned to Vukovar lampposts with Ustashe knives through their

bodies, are apocryphal, although Serb children were indeed found

dead after Vukovar fell. The horrific "truth" now accepted is

testimony to the incendiary potential of escalatory telling and

second- and third-hand reporting and to the mind-set that finds

it easy to believe.

Serbs see a manipulation of hatreds, a third holocaust in

the making, an extermination of the Serbs masked by a conspiracy

of silence.(27) They ask: Who started the war? Their answer: The

Slovenes, when they attacked and took over Yugoslav customs

posts. Who started ethnic cleansing? The Serbs assert that it was

the Croats in October 1991, when Croat commanders first ordered

the clearing of civilians from Serb villages not in the combat

zones. Who started the war in Bosnia? They pinpoint the Bosnian

Muslim attack on a Serb wedding in Sarajevo, which killed the

groom's father and the priest. For whose purpose? Serbs see a

German conspiracy to extend Germany's influence through Austria

and Croatia to the Mediterranean (German firms are enlarging the

port in Split, on the Adriatic, and need road access through

eastern Bosnia). Serbs also see an America willing to sacrifice

an old ally to regain Arab favor, offering a Christian sacrifice

to balance the scales after Baghdad. They see Turkey scheming to

establish the Islamic Spear or Arrow, connecting itself through

southern Bulgaria to Muslim brethren in Macedonia, Kosovo, and

Albania, cutting Greece off from Europe, and reestablishing

Ottoman dominion and ambition.(28)

"Abandonment" by Second World War allies there are British

and French cemeteries in Belgrade sparks bitter comment.

Pro-Americanism has turned to virulent anti-Americanism in many

quarters. A Massada--or Branch Davidian--type psychology is

emerging: Serbia will fight as long as Serbs remain alive and as

long as foreigners invade its soil. Belgrade reminds those who

will listen of missiles able to reach all its former enemies in

the Second World War Germany, Italy, and Hungary although not its

former allies. It notes that weapons once developed against a

feared Soviet invasion go beyond the conventional.

The imposition of sanctions against Serbia was supported by

some American policymakers on the grounds that it would level the

playing field and restrain a militarily and industrially

preponderant Serbia. Yet Serbia was never as dominant in military

terms as it appeared, since Yugoslavia had been prepared for a

national people's war against superior Warsaw Pact armies and had

dispersed arms depots to sustain local efforts. Hence, there was

no shortage of any but the heaviest arms for Croat, Serb, and

Muslim separatists. At the time of Yugoslavia's dismemberment,

the federal army was also crippled by the very fact of its

interethnicity. A large number of its Communist-era generals,

including its intelligence and security leaders, were Croat. They

transferred their allegiance and now constitute the leadership of

Croatia's army, police, intelligence, and security apparatuses.

Ironically, the successor Serb/Yugoslav army today is in

many ways more potent, because it is more cohesive. Yesterday's

Serb colonels are today's generals; the army is more homogeneous,

more united. Sanctions have only made it more so. Yugoslavia's

and Serbia's military industries were designed to be autarchic,

self-reliant. As noted, it is civilian industries that have suf-

fered, as have civilians more generally in particular the poor,

the sick, the young, the old, and refugees. This phenomenon has

in turn galvanized cries for national cohesion against foreign

perfidy and rallied the population to Milosevic, the army, and

the chauvinist right wing.

Escalation or Resolution? Three Scenarios for the Future

The most dangerous tinderbox is the southern Serb province

of Kosovo. Its previous autonomous status a status Tito granted

to non-Serb minorities in Serbia but not to Serb minorities in

Croatia or elsewhere has been rescinded, because Serbs fear the

perceived separatist ambitions of Kosovo's Muslim majority.

This case is particularly complex. Serbs see Kosovo as the cradle of

their culture, site of their nation-defining battle against the

Ottoman Turks, and symbol of Serbia's historical role as the

gatekeeper and defender of Europe and Christianity. It also had a

Serb majority population until the Second World War, when Nazi

troops imported three hundred thousand Muslims from Albania and

expelled two hundred thousand Serbs. Yugoslavia's Croat but non-

nationalist dictator, Tito, forbade postwar recrimination,

restitution, or indeed discussion, as he also did with regard to

Croatia's wartime concentration camps and massacres. Topics that

might incite or perpetuate ethnic hatreds were banned. Later,

refugees from Albania and higher Muslim birthrates solidified the

Muslim majority.

Yet, Kosovo remains the Serbs' Alamo. This is the one area

above all others that the Yugoslav army could not afford to

concede. President George Bush's 1992 warning to Milosevic that a

Serb crackdown there would not be tolerated makes it a gas can

waiting for a match. Serb irregulars accused of ethnic cleansing

elsewhere are heroes to Kosovo's Serbs (and increasingly to Serb

youth in general), many of whom would clearly like to emulate the

strategy. Serb leaders themselves talk of an acceptance of Serbia

by a majority of Kosovo's Muslims. They also speak of the poten-

tial for separatist triggering and manipulating of incidents that

would bring outside intervention.

The worst specter for Serbs, nurtured by history, is not of

American intervention but of Turkish and fundamentalist

expansionist Islam. Government, army, hard-liners, and former

liberals speak of the Islamic Spear and Turkey's assumed ambition

to reestablish dominion from the Adriatic to Sinkiang. However

far-fetched this may seem to most Western minds, it is clearly a

specter that also exercises Greeks and has led to increased

Greek-Serb cooperation.

A variant of this specter proceeds from the fact that

today's Macedonian leadership appears to be seeking a Bulgarian

alliance, an alternative that Greece sees as threatening in and

of itself and also as a potential triggering of the primeval

Turkish-Islamic threat. The point is, if the Kosovo gas can

explodes, by whomever's match, or if Macedonia ignites through

Turk or Bulgar ambition or power play, then Greece and others

will likely be drawn into the conflagration. A larger Balkan war

is not inconceivable.

A second scenario, perhaps the most likely if U.S.-Western

policies do not encourage maximalist Croat-Muslim expectations,

is a Croat-Serb deal in Bosnia, complementing and allowing a

Krajina compromise. Under such circumstances, Serbian and Bosnian

Serb authorities might prevail on Krajina to allow portions of

Krajina's western part to be transferred to Croatia in return for

the transfer of Croatia's northeastern and southeastern tips to

Serbia. This would effectively give Croatia part of Krajina's

central territory and a more compact and defensible national

shape and borders. Serbia-Yugoslavia would absorb the

Serb-dominated northeastern tip and gain a minimum of additional

coastline.

Bosnian Serb leaders in particular appear willing to go

quite far in considering territorial compromise, including

disproportionate swaps, if they might lead to more cohesive

successor territories and peace. Krajina authorities and some

military groups are likely to resist. Yet if the compromise is

part of a comprehensive deal that satisfies both sides' primary

security imperatives, then it can probably be enforced.

The logic underlying this scenario is the logic that drives

the otherwise illogical cooperation between Croats and Serbs in

parts of Bosnia today. It is that while Croats may fear or

despise Serbs, they are more fearful of a Muslim front on their

doorstep, especially if wrought at the expense of Serbia, their

traditional buffer against Islam. Such a deal would obviously be

at the expense of Bosnian Muslims, whether they were left an

artificial ministate in central Bosnia (which would require

permanent UN protection) or not. It would also constitute a fait

accompli that the West or the UN probably could not deny. This

solution might not be "politically correct," but it would be more

likely to bring relative peace, soon, than any other alternative.

The only other scenario, even tighter sanctions against

Serbia that promise even greater deprivation for Serbia's poor

and sick, is likely only to inflame Serbia's Massada complex and

ultimately force escalation to outright war against Belgrade

and/or more massive intervention in Bosnia. Even if successful,

this will require prolonged and massive presence and the impo-

sition of a Titoist lid on the pressure cooker, with the same

prospect of explosion once the lid is finally removed.

The bomb-the-Serbs and arms-to-Muslims scenario advocated by

Senator Joseph Biden and others, which received President

Clinton's apparent endorsement in May 1993 and considerable

Senate support a year later, is myopic.(29) The ostensible

targets, Serbian artillery, are both less exposed than believed

and less relevant. All sides rely primarily on mortars, fired

from reinforced ambulance floors (and therefore immediately

mobile) and/or from locations protected by human shields. (The

previously described Srebrenica event reflects the policy of all

protagonists.) The arms-to-Muslims advocacy ignores UN and other

testimony that there is no weapons shortage; that land and/or air

deliveries are likely to lead to well over 50 percent seepage to

Croat or Serb forces; and that any lifting of the embargo on

outside supplies, even if officially limited to just one side, is

in fact likely to lead to an infusion of arms to all sides.

The wild card threatening all scenarios is that of

paramilitary groups and "private" armies not accepting the diktat

of properly constituted governments. Such Freikorps have, as

mentioned, proliferated. Even where allegiance to authority is

professed, which is by no means true in every case, authority's

hold is tenuous. There is a real danger of Lebanonization, of

Beirut writ large. The danger increases the longer the solution

is delayed.

War Crimes and a War Crimes Tribunal

Sanctions against Serbia have failed to deter the strong but

have crippled the weak and poor; they have strengthened support

for hard-line policies. As noted, the tightening of sanctions, a

response to quick judgment and political correctness, promises

only to increase the pain of the weak and further strengthen

xenophobic will and purpose. The naming of Serb leaders as pos-

sible war criminals is similarly unfortunate and

counterproductive, although it answers the call of political

correctness. Naming national leaders undermines prospects for

negotiations. In not naming leaders of other "states and ethnic

factions whose followers have committed atrocities, it flags a

partisanship that bodes ill for peace and lawful behavior.

Nuremberg affirmed the answerability of leaders, but it was

a victor's court. There are a number of problems associated with

a more general affirmation of this otherwise laudable principle.

First, the victors in the Second World War never accepted its

extension to themselves (one thinks of French police torture

teams in Algeria, of My Lai, and of other examples); in no case

was higher authority deemed culpable. Second, the selective

naming of Serb leaders appears doubly partisan in view of the

fact that other contemporary political leaders, from

Afghanistan's Hekhmatyar to Saddam Hussein, from Burma's military

putschists to Guatemalan death squad generals, may be shown to be

far more personally culpable with a far clearer and less sub-

jectively determined chain of evidence.

There is a real danger that action against Belgrade and

Bosnian Serb leaders will do little to affirm legal principle. If

action is taken in isolation, historians will most likely judge

its forum a kangaroo court, a testament only to the vagaries of

political fashion and to the abiding old-world-order dictum that

international law is the law of the strong, the law of the victor.

If international law as an abstract is to be served and

other parties, perhaps more guilty, are to be prosecuted in the

future, it is absolutely essential that such prosecutions be seen

as impartial. In the Yugoslav context, this means that if Serb

leaders are charged, then Tudjman and Izetbegovic must also be

charged, for there is clear and incontestable evidence that some

who fight under their banners have committed war crimes. So also

in the case of rape and other more specific allegations. It will

not suffice to pursue only the partisan claims of one side; that

would be a mockery of law and of justice.

The "new world order" got off on the wrong foot in the

Persian Gulf when denial of Kuwait to Iraq was not extended into

a more general principle of denial of conquest. Although laws

cannot always be applied equally in practice, they must apply

equally in theory. If that mistake is now compounded by selective

and partisan prosecution, we will reaffirm the old world order.

Law must apply equally, with equal and rigorous rules of

evidence, examination, and cross-examination. And that will not

be easy in former Yugoslav lands, even without suggestion or

evidence of prior bias. There are also practical problems.

Crucial rape evidence, for example, is highly time-dependent.

Prosecutors need access to hospital and medical records,

gynecological examinations, and psychiatric testimony and

monitoring.

Another problem is evident in the Arkan case. This most

famous/infamous of Serb irregulars is accused by the Bosnian

Muslim government and some Western agencies of the massacre and

ethnic cleansing of Muslims in the city of Bijeljina, in the

northwestern province of the Bosnian Serb state. The city has a

large Muslim population. Yet local Serb leaders, backed by the

testimony of local Muslims, tell a very different story. In their

version, the Izetbegovic government made a preemptive strike at

the city at the start of the conflict with two thousand

"mercenaries," assuming local support, with the intention of

cutting the bulk of Bosnian Serb lands off from Serbia. They were

observed by locals. Arkan, whose main training camp is just

across the border in Krajina, was called in. He and his men

struck first, successfully. Local Muslims confirm the story. They

also point to a locally raised Muslim battalion fighting for the

Bosnian Serb state on the northern front against Croats and to

Muslim managers of the city's three largest enterprises (an

example of interethnic peace that is said to have no parallel in

Izetbegovic's state) as evidence of their loyalty and

integration.(30)

Thus, the prime case against Arkan may not stand close

scrutiny. Even if it did, it most certainly would not be easy to

tie this to Milosevic or the Belgrade government. Arkan has

expressed contempt for both Milosevic and the Yugoslav army:

there has been tactical coordination, as noted above, yet his

overall record rebuts assertions that he could be or is

controlled by either. Certainly, the contrary case will not be

easy to make in a court that is remotely neutral in its

deliberations.

This is not to say that Arkan's Tigers and other groups,

like the Serb Chetniks, Krajina's Wolves, and Croatia's Ustashe,

are not guilty of crimes. Civil wars are not for the squeamish.

They spawn hatred, and hatred begets hatred. But well-documented

cases, such as that against the Ustashe in Vukovar, are rare.

Others are going to be far more difficult to prosecute. A proper

war crimes commission will certainly need far more resources, in

investigative personnel and money, than are presently envisaged.

If not done properly, its legacy will itself be a prescription

for war, not for peace, and certainly not for justice. If it

cannot be done properly, it had best be aborted, now.

If a solution is to be lasting, it must rectify the

precipitating tragedy of Western recognition of borders that

originally reflected Nazi and Titoist diktat and not natural or

any other kind of justice. The mistake was to recognize the right

of one nation to independence within Croat and Bosnian borders

without taking into account the presence of others. To expect

Croat Serbs to accept Croatian authority was indeed akin to

asking Jewish survivors to embrace a nation that flew the

swastika; it guaranteed conflagration. So also in Bosnia. This

was ancestral Serb land. Even after their decimation in the

Second World War and as late as the 1971 census, Serbs remained

Bosnia's largest ethnic group. Titoist relocations and Muslim

birthrates subsequently made Muslims the larger group, with

Croats in third place with about 17 percent of the population.

Nevertheless, as noted, the remaining Serb population retained

title to about 65 percent of the land, reflecting Muslim urban

concentration.

If "peace" disinherits too many and/or leaves them in

unconnected cantons likely to breed insecurity and paranoia, then

it will not last. Terms perceived as punitive and unjust will not

last. Sooner or later they will provide the banner for the next war.

*****************************************************************

Notes:

(1) The pro forma rationale, to end Yugoslav army aid to

Bosnia's Serbs, ignored a UN report completed the previous week

that confirmed the army's departure from Bosnia (its official

release was delayed until after the Security Council vote); it

was a portent for the future.

(2) Contrast John Zametica, "Squeezed off the Map,"

Guardian, 11 May 1993, to Vesna Pesic, "A Country by Any Other

Name: Transition and Stability in Croatia and Yugoslavia," East

European Politics and Societies (Fall 1992).

3. Regarding early war crimes allegations and evidence, see

Helsinki Watch Letter to Franjo Tudjman, President of the

Republic of Croatia (New York and Washington, D.C., 13 February

1992).

(4) Data collected by and now in the archives of the

Independent Committee on War Crimes in the Balkans (hereafter

cited as Independent Committee), Ottawa, Canada, indicate that 80

percent of the Croat minority in Vukovar and Croatia's

northeastern districts, bordering on Serbia, voted against

Tudjman in the 1990 elections that brought him to power.

(5) Tko Je Tko U Daruvaru (The Black Book) (Zagreb: Tiskara

"Ognjen Prica" Daruvar, January 1992); see also Mila Lusic,

L'Extermination des Serbs '91 (Novi Sad: Musee Historique de

Voivodine, 1991).

(6) See The Uprooting: A Dossier of the Croatian Genocide

Policy against the Serbs (Belgrade: Valauto International &

Beograf, 1992).

(7) On Alija Izetbegovic's fundamentalist equation of

identity and religion, not initially shared by most Bosnian

Muslims, who traditionally were the most secular of Bosnia's

three communities, see Task Force on Terrorism and Unconventional

Warfare, Iran's European Springboard, House Republican Research

Committee, Washington D.C., 1 September 1992; Izetbegovic, The

Islamic Declaration (1970; reprint, Sarajevo: Muslim samizdat,

1990); and Dragoljub R. Zivojinovic', "Islam in the Balkans:

Origins and Contemporary Implications," Mediterranean Quarterly 3

(Fall 1992): 51-65.

(8) Karta Nashchick Pobedela/Maps of Our Dividings:

Political Atlas of Yugoslav Countries in the XXCentury (Belgrade:

BMG, 1991), provides historical population-distribution maps of

all former Yugoslav lands. With reference to Bosnia specifically,

see also University of Belgrade Faculty of Geography, Territorial

Distribution of Serbs in Bosnia and Herzegovina (Belgrade, 1992).

(9) Serb-Croat radio intercepts, monitored by the UN and

other agencies. The Independent Committee archives in Ottawa

contain some transcripts. Larger-scale Croat-Muslim fighting

erupted in late April 1993. For antecedents, see New York Times,

25 October 1992.

(10) Preliminary finding of the Independent Committee, based

on interviews with Serbska (the Bosnian Serb state) government

officials, Muslims, and opposition groups and citizens on

location, March 1993. Transcripts in Independent Committee

archives.

(11) Ibid.

(12) Documents and certification available from the

opposition Serbian Council Information Center in Belgrade; and

the archives of the Independent Committee.

(13) Reuters, 6 March 1993.

(14) Serbian Council Information Center, Rape and Sexual

Abuse of Serb Women, Men and Children in Areas Controlled by

Croatian and Moslem Formations in Bosnia and Herzegovina and

Croatia, 19911993; and Documentation on the Violation of Human

Rights, Ethnic Cleansing and Violence by Croatian and Moslem

Armed Formations against the Serb Population in Bosnia-

Herzegovina (Belgrade, 1993). The archives of the Independent

Committee include two directives signed by a Bosnian Muslim

commander, each authorizing seizure of two Serb women. To our

knowledge, no other such directives are available. When the

Boston-based Physicians for Human Rights visited Croatian and

Bosnian hospitals following the Muslim rape assertions, they

found 119 pregnant women.

(15) They admitted the psychologist Ljubica Toholj, who

personally documented more than two thousand cases of abuse in

former Bosnia. Her documentation, that of the other caseworkers

who were denied visas, and gynecological reports are available

from the Serbian Council Information Center in Belgrade and the

archives of the Independent Committee.

(16) Geneva-based UN sources interviewed by Independent

Committee members, May-June 1993. Transcripts can be found in the

Independent Committee archives.

(17) "Istraga Protiv Kanadskog General: Cetiri logora sicera

Mackenzija" and "Tesko Optuzen General Mackenzie," Vjesnik, 23

November 1992; and other files in Independent Committee archives.

(18) For documentation, see the archives of the Independent

Committee; also Commissariat for Refugees, Refugees in Serbia

(Belgrade, February 1993). See also Joan McQueeney Mitric,

"Reflections on Yugoslavia," Mediterranean Quarterly 5 (Spring

1994): 102-14.

(19) "Map of Settlements and Camps in Bosnia-Herzegovina and

Croatia in Which Systematic Rape and Sexual Harassment of Ethnic

Serb omen, Men and Children was Performed," Documentation on the

Violation of Human Rights, 6. This identifies and locates

"Croat-run camps," "Muslim-run camps," and "settlements in which

systematic ethnic cleansing was performed."

(20) This conclusion was shared by Western diplomats in

Belgrade and opposition politicians; interviews in the archives

of the International Committee.

(21) Testimony found in the archives of the International

Committee.

(22) Newsweek, 10 May 1993.

(23) Time, 17 May 1993.

(24) New York Times, 16 May 1993.

(25) Genocide against the Serbs, 2 vols. (Belgrade: Museum

of Applied Arts, 1992); and archives of the Independent

Committee.

(26) Archives of the Independent Committee.

(27) Slobodan Kljakic, A Conspiracy of Silence (Belgrade:

Ministry of Information of the Republic of Serbia, 1991); and

Vesna Hadzivukovic et al., Chronicle of an Announced Death

(Belgrade: Milici, 1993).

(28) Interviews with General Panic, chief of staff of the

Yugoslav army, and other Yugoslav (Serb and Montenegrin)

generals, Belgrade, 1 March 1993, to be found in the archives of

the Independent Committee.

(29) For elaboration of these points, see Kai

Brand-Jacobsen, "The Bosnian War," an interview with General

Lewis Mackenzie, 8 May 1993. The tape and transcript are

available from the archives of the Independent Committee.

(30) Bijeljina interviews in the archives of the Independent

Committee.

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