Basic Instinct: the Case for More NATO in the Western Balkans
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Additional Pleading of the Republic of Croatia
international court of Justice case concerning the application of the convention on the prevention and punishment of the crime of genocide (croatia v. serBia) ADDITIONAL PLEADING OF THE REPUBLIC OF CROATIA volume 1 30 august 2012 international court of Justice case concerning the application of the convention on the prevention and punishment of the crime of genocide (croatia v. serBia) ADDITIONAL PLEADING OF THE REPUBLIC OF CROATIA volume 1 30 august 2012 ii iii CONTENTS CHAPTER 1: INTRODUCTION 1 section i: overview and structure 1 section ii: issues of proof and evidence 3 proof of genocide - general 5 ictY agreed statements of fact 6 the ictY Judgment in Gotovina 7 additional evidence 7 hearsay evidence 8 counter-claim annexes 9 the chc report and the veritas report 9 reliance on ngo reports 11 the Brioni transcript and other transcripts submitted by the respondent 13 Witness statements submitted by the respondent 14 missing ‘rsK’ documents 16 croatia’s full cooperation with the ictY-otp 16 the decision not to indict for genocide and the respondent’s attempt to draw an artificial distinction Between the claim and the counter-claim 17 CHAPTER 2: CROATIA AND THE ‘RSK’/SERBIA 1991-1995 19 introduction 19 section i: preliminary issues 20 section ii: factual Background up to operation Flash 22 serb nationalism and hate speech 22 serbian non-compliance with the vance plan 24 iv continuing human rights violations faced by croats in the rebel serb occupied territories 25 failure of the serbs to demilitarize 27 operation maslenica (January 1993) -
Članci Republika Srpska Krajina and the Right of Peoples to Self-Determination*
ČLANCI PETER RADAN, PhD, Professor of Law Macquarie University, Sydney Sydney, New South Wels, 2109, Australia [email protected] UDK: 341.231 originalan naučni rad 323.1(497.5) primljeno: 17. maj 2017. prihvaćeno: 11. oktobar 2017. DOI: 10.29362/IST20VEKA.2018.1.RAD.9-34 REPUBLIKA SRPSKA KRAJINA AND THE RIGHT * OF PEOPLES TO SELF-DETERMINATION ABSTRACT: In Part I of this article author details the claims to inde- pendent statehood of Croatia and Krajina based upon the right of peoples to self-determination in the context of the emergence of nationalism as a powerful political force in Yugoslavia in the early 1990s. He also details the response of the international community to the crisis which these irreconcilable claims gave rise to. In Part II author explores the reasons why the secession of Croatia suc- ceeded and the secession of Krajina failed. Finally, the ramifications of Croa- tia’s and Krajina’s competing claims to statehood for the right of peoples to self-determination are discussed in the Conclusion. KEYWORDS: Republika Srpska Krajina, The break-up of Yugoslavia, War in Croatia 1991–1995, International Law, Self-determination, Secession, Inter-ethnic relations, National Minorities, Serbs in Croatia, Nationalism Introduction On 9 November 1989 the Berlin Wall came down. More than any other, this event of that tumultuous year symbolised the end of the Cold War and ush- ered in what Allen Buchanan has called ‘the age of secession’.1 The usual justi- fication for secessionist demands was the right of peoples to self-determination. One of the means by which this right is realised is by ‘the establishment of a sovereign and independent state’.2 The critical question for self-determination relates to the meaning of ‘peoples’. -
Human Rights Defenders in Serbia
Humanitarian Law Center Research, Documentation and Memory 67 Makenzijeva, 11110 Belgrade, Serbia and Montenegro Tel/Fax: +381 11 3444 313 +381 11 3444 314 Email: [email protected] Home Page: http://www.hlc.org.yu 26 March 2006 Human Rights Defenders in Serbia Throughout the rule of Slobodan Milošević, Human Rights Organizations and Human Rights Defenders were treated as harmless marginal groups and individuals. Between 1991 and 1999 the regime of Slobodan Milošević did not ban a single anti-war demonstration by nongovernmental organizations because they served as proof to the international community of his ‘democratic’ attitude towards the ‘handful’ that did not support him. The regime and its media paid little attention to the reports of domestic human rights organizations on human rights and humanitarian law violations during the armed conflict because the regime felt secure and supported by the majority of citizens. The period of the NATO bombing campaign from 24 March until 9 June 1999 united the opposition, civil society and regime. Nongovernmental organizations led the way in criticizing the international community and urging the citizens to keep their differences with the government aside as long as bombs kept dropping on the country. It was in those circumstances that several Human Rights Defenders and human rights organizations became the target of government media and secret services above all for publicly pointing out that the regime was taking advantage of the NATO campaign to settle with the Albanians. Because of its attitude during the NATO campaign, the Humanitarian Law Centre (HLC) was twice visited by members of the military security service, who threatened to bring charges of espionage against the HLC Executive Director; also, financial police examined the organization’s accounts and financial records for three weeks. -
Same Soil, Different Roots: the Use of Ethno-Specific Narratives During the Homeland War in Croatia
Same Soil, Different Roots: The Use of Ethno-Specific Narratives During the Homeland War in Croatia Una Bobinac A thesis submitted in partial fulfillment of the requirements for the degree of: Master of Arts in International Studies, Russian, Eastern European, Central Asian Studies University of Washington 2015 Committee: James Felak Daniel Chirot Bojan Belić Program Authorized to Offer Degree: Jackson School of International Studies 2 @Copyright 2015 Una Bobinac 3 University of Washington Abstract Same Soil, Different Roots: The Use of Ethno-Specific Narratives During the Homeland War in Croatia Una Bobinac Chair of the Supervisory Committee: Professor James Felak History This work looks at the way interpretations and misrepresentations of the history of World War II changed and evolved and their ultimate consequence on the Homeland War in Croatia from 1991 to 1995 between the resident Serb and Croat populations. Explored are the way official narratives were constructed by the communist regime, how and why this narrative was deconstructed, and by more ethno-specific narratives prevailed that fueled the nationalist tendencies of the war. This paper is organized chronologically, beginning with the historical background that puts the rest of the paper into context. The paper also discusses the nationalist resurfacing before the war by examining the Croatian Spring, nationalist re-writings of history, and other matters that influenced the war. The majority of the paper analyzes the way WWII was remembered and dismembered during the late 1980’s and early 1990’s by looking at rhetoric, publications, commemorations, and the role of the Catholic and Serbian Orthodox Churches. Operation Storm, which was the climax of the Homeland War and which expelled 200,000 Serbs serves as an end-point. -
Kosovo: No Good Alternatives to the Ahtisaari Plan
KOSOVO: NO GOOD ALTERNATIVES TO THE AHTISAARI PLAN Europe Report N°182 – 14 May 2007 TABLE OF CONTENTS EXECUTIVE SUMMARY AND RECOMMENDATIONS................................................. i I. THE AHTISAARI PLAN AT THE UN SECURITY COUNCIL.............................. 1 A. THE STATE OF THE STATUS DEBATE .....................................................................................1 1. The road to Ahtisaari’s supervised independence plan............................................1 2. The Security Council: options and dynamics........................................................ 3 3. The case against delay .......................................................................................... 6 4. The precedent issue: Kosovo as a unique case...................................................... 7 B. WHY PARTITION IS NOT A SOLUTION......................................................................................8 1. The Ahtisaari plan: a multi-ethnic, decentralised society...................................... 8 2. The EU objective: a multi-ethnic Balkans ............................................................ 9 3. The partition alternative: who supports it ........................................................... 10 4. The partition alternative: why it should be rejected ............................................ 14 C. OVERCOMING RUSSIA’S CONCERNS......................................................................................15 II. HOW THE AHTISAARI PLAN SHOULD BE IMPLEMENTED ........................ 17 -
Security Force in the Making: Capacity Building in Kosovo
Security Force in the Making Capacity Building in Kosovo EMMA SKEPPstrÖM AND ANNA WEIBULL FOI, Swedish Defence Research Agency, is a mainly assignment-funded agency under the Ministry of Defence. The core activities are research, method and technology development, as well as studies conducted in the interests of Swedish defence and the safety and security of society. The organisation employs approximately 1000 personnel of whom about 800 are scientists. This makes FOI Sweden’s largest research institute. FOI gives its customers access to leading-edge expertise in a large number of fields such as security policy studies, defence and security related analyses, the assessment of various types of threat, systems for control and management of crises, protection against and management of hazardous substances, IT security and the potential offered by new sensors. FOI Swedish Defence Research Agency Phone: 46 8 555 030 00 www.foi.se FOI-R--3276--SE User Report Defence Analysis Defence Analysis Fax: +46 8 555 031 00 ISSN 1650-1942 October 2011 SE-164 90 Stockholm Emma Skeppström and Anna Weibull Security Force in the Making Capacity Building in Kosovo FOI-R--3276--SE Titel Security Force in the Making: Capacity Building in Kosovo Title Security Force in the Making: Capacity Building in Kosovo Rapportnr/Report no FOI-R--3276--SE Rapporttyp Användarrapport/User Report Report type Månad/Month Oktober/October Utgivningsår/Year 2011 Antal sidor/Pages 47 p ISSN Kund/Customer Försvarsdepartementet Projektnr/Project no A12014 Godkänd av/Approved by Maria Lignell Jakobsson FOI, Totalförsvarets Forskningsinstitut FOI, Swedish Defence Research Agency Avdelningen för Försvarsanalys 164 90 Stockholm SE-164 90 Stockholm Detta verk är skyddat enligt lagen (1960:729) om upphovsrätt till litterära och konstnärliga verk. -
Human Rights in Serbia 2019
HUMAN RIGHTS IN SERBIA 2019 Belgrade Centre for Human Rights The Belgrade Centre for Human Rights was established by a group of human rights experts and activists in February 1995 as a non-profit, non- governmental organisation. The main purpose of the Centre is to study human rights, to disseminate knowledge about them and to educate individuals engaged in this area. It hopes, thereby, to promote the development of democracy and rule of law in Serbia. Since 1998 Belgrade Centre for Human Right has been publishing Annual Human Rights Report. This Report on Human Rights in Serbia analyses the Constitution and laws of the Republic of Serbia with respect to the civil and poli- tical rights guaranteed by international treaties binding on Serbia, in particular the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights and Funda- mental Freedoms (ECHR) and its Proto- cols and standards established by the jurisprudence of the UN Human Rights Committee and the European Court of Human Rights (ECtHR). Where relevant, the Report also re- views Serbia’s legislation with respect to standards established by specific inter- national treaties dealing with specific human rights, such as the UN Convention against Torture, the UN Convention on the Rights of Persons with Disabilities, the UN Convention on the Rights of the Child, the UN Convention on the Elimina- tion of All Forms of Discrimination against Women (CEDAW) and the UN Convention on the Elimination of All Forms of Racial Discrimination. For its achievements in the area of human rights, the Centre was awarded the Bruno Kreisky Prize for 2000. -
Human Rights and Democracy Violation Early Warning Weekly Newsletter No
YUCOM Komitet pravnika za ljudska prava / Lawyers’ Committee for Human Rights 17 Svetogorska Street, 11000 Belgrade, Republic of Serbia Tel/Fax: +381 11 33 44 235; 33 444 25; e-mail yucomoffice@ gmail.com www.yucom.org.rs Human Rights and Democracy Violation Early Warning Weekly Newsletter No. 42 ICTY Sentence in the Milan and Sredoje Lukić Case On the 20th of July 2009 Court Chambers of the International Criminal Tribunal for the Former Yugoslavia (ICTY) with Patrick Robinson as a Presiding Judge, has sentenced Milan Lukić for a life term of imprisonment and his cousin Sredoje Lukić to a prison sentence of 30 years. Milan and Sredoje Lukić were sentenced for war crimes and crimes against humanity committed against Bosnian Muslims in the Eastern-Bosnian town of Višegrad during the period from June 7th, 1992 until October 10th, 1994. Milan Lukić was found guilty for: persecution, murder, extermination, inhumane acts and cruel treatment as crimes against humanity and war crimes, while Sredoje Lukić was found guilty for committing and aiding and abetting crimes of: persecution, murder, cruel treatment and inhumane acts. Milan Lukić has committed the above named crimes in connection with six separate incidents : 1. Killing of 5 Bosnian Muslim men on the bank of River Drina on or about June 7 th , 1992; 2. Killing of 7 Bosnian Muslims in “Varda” furniture factory on or about June 10 th , 1992; 3. Burning alive 59 people (including women and children) in a barricaded house in Pionirska street in Višegrad on or about the June 14 th , 1992; 4. -
Nuclear Proliferation, Preventive War, and a Leader's
All Options on the Table? Nuclear Proliferation, Preventive War, and a Leader’s Decision to Intervene By Rachel Elizabeth Whitlark B.A. in International Affairs, May 2003, The George Washington University M.A. in International Policy Studies, June 2005, Stanford University A Dissertation submitted to The Faculty of The Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements for the degree of Doctor of Philosophy August 31, 2014 Dissertation Directed by Charles Louis Glaser Professor of Political Science and International Affairs The Columbian College of Arts and Sciences of The George Washington University certifies that Rachel Elizabeth Whitlark has passed the Final Examination for the degree of Doctor of Philosophy as of June 19, 2014. This is the final and approved form of the dissertation. All Options on the Table? Nuclear Proliferation, Preventive War, and a Leader’s Decision to Intervene Rachel Elizabeth Whitlark Dissertation Research Committee: Charles Louis Glaser, Professor of Political Science and International Affairs, Dissertation Director James L. Goldgeier, Dean, School of International Service, American University, Committee Member Elizabeth N. Saunders, Assistant Professor of Political Science and International Affairs, Committee Member ii © Copyright 2014 by Rachel Elizabeth Whitlark. All rights reserved iii Acknowledgements I wish to extend tremendous gratitude to the countless individuals who offered advice, mentoring, and support over these last seven years. First, I wish to thank my dissertation committee: Charles Glaser, my chair; James Goldgeier; and Elizabeth Saunders. I consider myself incredibly lucky that their paths intersected with my own. I am grateful for their endless patience and sage advice and shudder to think what this process would have been like without them. -
Serbia and the Serbian Rebellion in Croatia (1990-1991)
Serbia and the Serbian Rebellion in Croatia (1990-1991) By Harry Jack Hayball Thesis submitted to Goldsmiths College, University of London, for the degree of Doctor of Philosophy April 2015 Supervised by Professor Jan Plamper 2 Declaration All the work presented in this thesis is my own. Harry Jack Hayball Declaration 3 Abstract It is often suggested that the Serbian rebellion in Croatia in 1990-91 was orchestrated by Serbia, and, in particular, by its president Slobodan Milošević personally. Despite the popularity of this interpretation, however, the literature on the break-up of Yugoslavia is yet to offer a focused study of Serbia's role in the descent into conflict in Croatia. Many sources that have become available in recent years remain unused. Through a critical and cautious use of such sources, including extensive interviews with participants in the conflict and contemporary documentation, this thesis aims to fill this gap in the literature and to update our knowledge of this important aspect of the bloody disintegration of Yugoslavia. Honing in on Belgrade's relationships with Serb political and military/paramilitary leaders in Croatia, as well as Serbia's direct involvement in and attitude towards the road to war, it concludes that the existing focus on Milošević's Serbia has been misplaced. Serbia's stance towards Croatia was hardline, but Belgrade's influence over the Croatian Serbs was limited and its direct involvement in events minimal. Milošević did not have a grand plan to orchestrate violence in Croatia, and the leaders of the Serbian rebellion in Croatia were fundamentally independent and autonomous actors, who, far from being Milošević's puppets, were often in conflict with him. -
Kosovo Security Force: Quo Vadis?
ELIAMEP Briefing Notes 14 /2013 May 2013 Kosovo Security Force: Quo Vadis? by Dr. Giorgos Triantafyllou, Research Associate , South-East Europe Programme, ELIAMEP, Greece On September 10, 2012, the International Civilian Representative for Kosovo (ICR), Pieter Feith, announced at a press conference that Kosovo’s supervised independence by the International Steering Group for Kosovo (ISG), pursuant to the Ahtisaari Plan, was over. The end of Kosovo’s supervision by the international community was undoubtedly an important milestone for the youngest country in the Balkans, and was hailed by Kosovar Prime Minister, Hashim Thaci, as a sign that Kosovo had gained a great deal of trust and respect in the international community. However, in the wake of its unsupervised policy making, Kosovo still has many serious problems to deal with, both internally, and in relation to its neighboring countries. Some of the most pressing issues stem from the ongoing debate on NATO’s future presence in Kosovo, and the quest for a new status for the Kosovo Security Forces (KSF). The KSF was formally created in January 2009, under the provisions of the Ahtisaari Plan and within the wider context of the ongoing security sector reform in Kosovo; it became operationally active in September 2009. Operating under the supervision of NATO’s KFOR, the KSF was established as a professional, uniformed, and minimally armed body, designed to represent the multi-ethnic composition of Kosovo’s society, and was placed under democratic, civilian control. The mandate of the KSF drew heavily from that of its predecessor, the Kosovo Protection Corps (KPC), a civil emergency response unit that was created in 1999 by the UN and NATO missions in Kosovo, in order to facilitate the effective reintegration of the former Kosovo Liberation Army combatants into the country’s post-conflict society. -
Local Memories of Wartime Violence: Commemorating World War Two in Gospić 66
Dragojević i Pavlaković | Local Memories of Wartime Violence: Commemorating World War Two in Gospić 66 UDK: 355.01’’382’’(497.562)’’1939/1945’’ 32’’382’’(497.562)’’1939/1945’’ Izvorni znanstveni rad Primljeno 27. listopada 2016. Local Memories of Wartime Violence: Commemorating World War Two in Gospić MILA DRAGOJEVIĆ Department of Politics, University of the South, Sewanee, TN [email protected] VJERAN PAVLAKOVIĆ Department of Cultural Studies, University of Rijeka [email protected] How do dominant state narratives influence commemorative practices in local communities in different historical periods? We address this question by carrying out a study of World War Two commemorations in Gospić in two distinct periods of a political regime transition. The study is based on the documents from the archive of Gospić, articles from the local paper, existing scholarly publications on this area, as well as reports from state institutions and non-governmental organizations. We also photographed standing monuments and graveyards dating back to World War Two, or collected archival images and documentation of those that were removed or destroyed, in a fifty-kilometer radius around Gospić. We show how the narratives, symbols, and rituals that formed part of commemorations of World War Two violence changed when competing political actors attempted to establish their political legitimacy or gain political support. Keywords: commemorative practices, collective memory, World War Two, Yugoslavia, Gospić, Lika suvremene TEME, (2016.) god. 8., br. 1. 67 April is the cruelest month, breeding Lilacs out of the dead land, mixing Memory and desire, stirring Dull roots with spring rain. Winter kept us warm, covering Earth in forgetful snow, feeding A little life with dried tubers.