HELSINKIBulletin

Helsinki Committee for Human Rights in Serbia Rige od Fere str. # 20 , 11000 , Serbia tel./fax +381 11 30 32 408; e-mail: [email protected] ; www.helsinki.org.rs

No 53 ● January 2010

Serbia and Croatia: Past Still in the Way

Almost two decades after the end of Above all, the two countries share the war and fourteen years after the responsibility for Bosnia-Herzegovina. establishment of diplomatic relations, Unlike official that clearly Serbia and Croatia still move from one distances itself from any paternalism crisis to another – each reviving over Bosnian Croats, official Belgrade traditional and carefully cherished openly supports as an mutual animosities. Belgrade is autonomous and statelike entity. Serb responsible for such oscillations in the strategists maintain status quo as they first place: not only when it comes to expect territorial aspirations – on the Croatia but also for the entire region. account of which the war in 1990s was Official Belgrade recognizes regional wagged in the first place – to come true realities with leaden step unwilling to sometime in future. acknowledge “new” borders. Serbia specifically reproaches Croatia for recognizing Kosovo and establishing diplomatic relations with Prishtina at ambassadorial level. According to some analysts, recognition of Kosovo’s independence placed Belgrade-Zagreb relations at the lowest point ever since 1996 when the two established diplomatic relations.

Belgrade’s officials and the media were The predominant political and most angered at the fact that Croatia was intellectual elites in Serbia are not the only ex-Yugoslav republic (and the ready yet to distance themselves from only neighboring country besides the legacy of Milosevic’s era and Bulgaria) to advocate Kosovo’s right to Milosevic’s warring policies. This independence before the International hampers objective analysis of the Court of Justice. chronology and context of the By applying for EU candidacy in developments of 1990s on the one December 2009, Serbia officially joined hand, and generates the club with Croatia that had reached a misunderstanding and tensions political consensus on its European weighting Belgrade-Zagreb relations future much earlier and is now on the other. Many burning problems practically at the threshold of Brussels. (the borderline issue, return of EU rules of conduct in bilateral relations refugees, property rights, etc.) are – Zagreb is duty-bound to obey for some being shelved therefore. time and Belgrade by its application for Serbia’s and Croatia’s position candidacy – will considerably determine in the region and their responsibility the dynamics of this regionally crucial for regional stability make their relation. Such a new frame opens up mutual relations even more complex. 1 prospects for the entire region. Despi- charge at the time Serbia had a different te the fact that each of the two coun- policy…Things have changed in the tries aspires to regional leadership, meantime and the charge serves its new circumstances may invest their original purpose no more.” 1 rivalry with a new, positive dimension. What may lead to such a conclusion? Both sides were by far more reserved than expected when commenting the latest developments dealing with Croatia’s charge against Serbia and Serbia’s counter-charge. Serbia’s Foreign Minister Vuk Jeremic described them as “a pure symmetry.” Ivo Josipovic It was on December 31, 2009 that Serbia filed a counter-charge against Indicatively, legal experts and Croatia for genocide of before analysts from both countries warn that the International Court of Justice in the outcome of proceedings before the The Hague. highest international court will not satisfy either side. Most of them take A chance paradox that ICJ judges will hardly qualify destruction and crimes Serb forces In 1999 Croatia filed a charge against (under the auspices of YPA) committed in Serbia (FRY at the time) for aggression Croatia in 1991 or the crimes by and genocide before the International Croatian forces during liberation of the Court of Justice. As the ICJ had to country in 1995 as genocide. decide first whether or not it was The argumentation and the authorized to rule in the case, the rhetoric of Serbia’s counter-charge rather charge has been shelved for years. associates it with the atmosphere in the When in 2008 the ICJ affirmed its eve of 1990s wars and the policy of competence the atmosphere in both Milosevic’s regime. Commenting this countries became heated. Serbia resemblance and Vojislav Kostunica’s immediately announced a counter- application for FRY’s membership of UN charge that had been prepared for in 2000, professor of international law over a year. Vojin Dimitrijevic says the act itself Serbia’s media and officials should have manifested “discontinuity differently reacted to the announced with Slobodan Milosevic.” “Now we are counter-charge. President Boris Tadic defending everything he has done. So, was reserved when commenting the why did we oust him in the first place?” breaking news that the counter- says Dimitrijevic. 2 charge was ready and waiting to be sent, the media run in late December Reactions by politicians 2009. He said the counter-charge and public figures “should wait for a while” before being sent to The Hague. However, only a Unlike rightist-nationalistic parties, couple of days later (on December 31, advocates for EU course in Serbia and 2009) Tadic said that after consulting Croatia alike take that the ICJ is not the Premier Mirko Cvetkovic he decided to right place for settling mutual disputes. have the counter-charge forwarded to Leader of the Liberal Democratic Party the ICJ. /LDP/ Cedomir Jovanovic says that the For his part, the then Serbian government’s policy towards presidential candidate, Ivo Josipovic, most countries in the region is still also gave two mutually contradictory wrong and harms the relations with statements in the period of couple of those with which Serbia should days only. Josipovic first underlined cooperate best. Serbia should lead a wise he was among co-authors of the foreign policy, the one that “responds not Croatian charge and claimed its withdrawal was out of the question. However, when commenting Serbia’s counter-charge for Belgrade-seated 1 Kurir, Janury 5, 2010. media, he said, “Croatia filed its 2 Politika, January 5, 2010. 2 to a mistake by making another criticizing Serbia’s counter-charge. He mistake,” says Jovanovic. 3 pleaded against the use of the counter- Damir Kajin, vice-president of charge for “inciting anti-Croatian the Istrian Democratic Alliance, respo- sentiments in Serbia.” 9 nds in about the same way. In Croa- tia, nobody can deny that Croatia was Croatia’s Serbs a victim of aggression the same as no- Every growing tension between Belgrade body can hush up the crimes commit- and Zagreb disadvantages the Serb ted by the Croatian side, says Kajin, community in Croatia. Their leaders adding, “Instead of preoccupying our- constantly warn about this fact and selves and others with charges we appeal to both sides to think rationally should better try to solve the problems and try to solve problems without of return, war crimes, reconstruction resentment and strong emotions. This 4 of states, etc.” refers to the present charge and counter- However, “right-wing” charge too. We must do our best to make oppositionists hold the counter-charge the odds for withdrawal of the changes not only justified but, moreover, late – realistic, said Milorad Pupovac. “It’s time i.e. Serbia should have filed a charge to sober up and open a new chapter of against Croatia first. This is the relations through dialogue on crucial opinion voiced by the vice-president of issues. Withdrawal of all charges could the Serb Progressive Party, Aleksandar provide a foundation for an agreement 5 Vucic and strongly shared by leading both Croatia and Serbia towards Milosevic’s ex-foreign minister, EU,” he said. 10 Vladislav Jovanovic. According to Vojislav Stanimirovic of Pupovac’s Jovanovic, the counter-charge should party shows more understanding for have been filed ten years ago. “We Serbia’s motion because Croatia’s Serbs’ should have spoken the same lobbying for withdrawal of the charge by language they used while speaking to Zagreb was in vain. For him, the us, the more so since they are heavily counter-charge is “the only way to prove burdened by historical experience we what really happened.” 11 don’t have: a real genocide of Serbs in Refugee associations in Serbia 6 WWII.,” says Jovanovic. persistent in their grudge against Croatia Djordje Vukadinovic, chief editor are the loudest in their support to of the New Serb Political Thought, Serbia’s government counter-charge. complains that no one seems happy These are the same organizations that with Serbia’s counter-charge: neither come handy to official Belgrade whenever the opposition nor leaders of Serbs in it needs to raise tensions with Croatia. Croatia, whereas “some from the regime seem ashamed at having to What is the point of counter-charge? deal with these ‘remnants of the past.’” For Vukadinovic, filing of the Apart from being “a pure symmetry,” counter-charge is welcome no matter Belgrade’s counter-charge is meant to how late. He adds, however, “No force Croatia to give up its charge. The charge whatsoever will be of any avail pressure on Croatia from Belgrade has to us unless Serbia changes its been behind the scenes for long but filing attitude towards national interests of the counter-charge practically revealed and state issues.” 7 this endeavor. According to a news story For Croatian politicologist Zarko run in the Blic daily, Belgrade dispatched Puhovski, motives behind the change “a truck loaded with documents and and the counter-charge are political evidence” to the ICJ – a piece of rather than legal. 8 Vuk Draskovic, information meant to make the whole leader of the Serb Renewal Movement, motion more convincing. was among the few in Serbia The greatest part of the documentation sent to The Hague are “documents and evidence material” 3 Kurir, Janury 5, 2010. related to the crimes committed in WWII. 4 Ibid. 5 Danas, January 6-7, 2010. 6 Politika, January 5, 2010. 9 Pravda, 5. januar 2010. 7 Politika, 5. januar 2010. 10 Blic, 5. januar 2010. 8 Izjava za Fonet, prema Politici, 5. januar 2010. 11 Glas javnosti, 5. januar 2010. 3

This leads to the conclusion that the and then postponed for a day, the visit Serb side tries to “legitimize” the war was, as President Mesic put it, “in the and war crimes of early 1990s. function of strengthening bilateral Moreover, professor of international relations, primarily at state level.” 16 law Radoslav Stojanovic said that the Official Belgrade, however, interpreted it /sent/ documentation was “a as a provocation. historical introduction interpreting It is because of Kosovo in the first and throwing light on the place that Belgrade-Zagreb relations are developments in 1991.” 12 at the lowest point since the two Such interpretation marking countries established diplomatic Serbia’s public discourse on the eve relations. Not only has Croatia and during the 1990s wars actually recognized Kosovo but its representatives hampers the possibility for an out-of- have also argued for Kosovo’s right to court settlement of the basic dispute independence before ICJ invoking the between Croatia and Serbia. As of 1974 Constitution. For its part, Serbia lately, top officials from both sides no also invoked the 1974 Constitution at longer rule out the possibility for such the time it annulled Kosovo’s and a settlement. Vojvodina’s autonomies, and used the For instance, Boris Tadic says, same argumentation: the status of “We wish to believe that Croat and Kosovo was federal, which was at Serb institutions would sit around a Serbia’s detriment. table in the future and try their best The outgoing president, Stjepan to reach an out-of-court settlement Mesic, chose Prishtina for his last official that would be fair and satisfy visit (January 8, 2010). By making this justice.” 13 Ivo Josipovic denies not gesture he wanted to manifest once that in the past years Serbia has again his longstanding political endeavor made progress when it comes to for recognition of a new regional reality returning of Croatian piece of arts, or, as he put it, a new architecture. war crimes trials and tracking down Addressing Kosovo MPs he emphasized missing persons and appeals, hence, the need for everyone to accept new to continuation of such efforts, which, realities as soon as possible and as he puts it, may lead to an appealed to the countries that have not agreement. However, “defining the recognized Kosovo yet to do it. causes of the war” needs to be an outcome of such efforts, he says. 14 Miroslav Lazanski, outstanding columnist of the Politika daily, also points out to such a possibility. “Tadic and Josipovic should meet as soon as possible, like De Gaulle and Adenauer did, so as to have inasmuch as possible booty returned and all war Serbia needs not join this club, he criminals put on trial. And both sides said, but should find a modus vivendi should finally stop revising history,” with Prishtina in foreseeable future. He says Lazanski. 15 appealed to the Serb community in

Kosovo to partake in the country’s Croatia always seen as a scapegoat political life and thus contribute to the The charge issue is not the only solution of the problems of its everyday reason behind the latest growing existence. tension between Belgrade and Zagreb. Serbian media have criticized Croa- Belgrade strongly responded to tian President’s plan to visit Kosovo for President Stjepan Mesic’s visit to days before the visit actually took place. Kosovo. Firstly scheduled for January They usually placed the visit in the con- 7, the Eastern Orthodox Christmas, text of Mesic’s “well-known malevolence for Serbia.” On the other hand, they hardly missed a chance to stress that 12 Blic, January 5, 2010. 13 Pravda, January 5, 2010. 14 Kurir, January 5, 2010. 15 Politika, January 9, 2010. 16 Kurir, January 8, 2010. 4

Mesic was an outgoing president. In Regional relations can be an interview with TV , Foreign normalized only within an objective Minister Vuk Jeremic said Mesic had context providing objective “small specific gravity.” 17 chronology. On the same day Mesic was in Up to now, regional Prishtina, President Boris Tadic was cooperation – notably at political the only official in Serbia to issue a level – has been EU’s precondition release saying that Mesic’s decision to to all countries aspiring at its visit Kosovo was “among the decisions membership. However, Serbia has that efficiently mar relations with skillfully used its “potential for Serbia.” However, his release gave blackmail,” no matter how much more room to and was by far more reduced, in its relations with EU and critical about the fact that only a day countries in the region alike. earlier Stipe Mesic amnestied Sinisa Notwithstanding many Rimac, convicted to eight-year hurdles, regional relations have imprisonment for the crimes against reached a certain level but cannot Serb civilians in Pakracka Poljana in move any further unless Serbia late 1991. takes a constructive attitude Serbia’s opposition parties, par- towards its neighbors. For official ticularly the Serb Progressive Party Belgrade Croatia has always been /SNP/ and the Serb Radical Party the biggest challenge – in both /SRS/ strongly responded to both de- positive and negative sense. cisions (visit to Kosovo and amnesty Positive, because it implies for Rimac). The Serbian Renewal Mo- competitive spirit that can be a vement /SPO/ called them irrespon- driving force in terms of sible, whereas SRS said, “The visit to cooperation. Negative, because the so-called state of Kosovo and Croatia is always seen as a amnesty for a Croatian ex-policeman scapegoat when it comes to ex- testify that Croatia sticks to its plan Yugoslavia’s disintegration. for Serbia’s disintegration.” Referring Besides, the strategic goal of to the amnesty for policeman Rimac, Serbia’s still strong anti-European Aleksandar Vucic, SNS vice-president, bloc is to obstruct Croatia’s course said, “It illustrates the attitude of the towards EU. Therefore, in arguing Croat state and Croat leadership against Croatia this bloc constantly towards Serb people.” As for Oliver refers to the WWII to justify the Ivanovic, state secretary for Kosovo developments in 1990s. Refugees and Metohija, he said, “Mesic should from Croatia and the issue of return have better asked to visit Belgrade as are strongly instrumentalized in that would have been a message for this context. In fact, official future Serb-Croat relations and for the Belgrade has done all in its power to entire region too.” 18 prevent them from returning to their homes while presenting the Serbia’s relations with the coun- refugee problem to the international tries emerging from ex-Yugosla- community as an argument against via, with Croatia in the first Croatia’s accession to EU. place, cannot truly normalize as Serbia’s counter-charge strate- long as Serbia denies new gically aims at forcing Croatia to realities in the region and its drop its charges. As it seems, the responsibility for aggression charge-counter-charge issue will be against Slovenia, Croatia, Bosnia- the hallmark of a new stage in the Herzegovina and Kosovo. relations between the two countries. The plan for normalizing re- However, even in the event of an gional relations through “balan- out-of-court settlement Serbia sho-- ced responsibilities” turned inef- uld officially distance itself from fective since all neighboring Milosevic’s policy and acknowledge coun-tries perceive the events in its responsibility for destruction of 1990s from their specific angles. Croatian town and expulsion of non- Serb population from 30 percent of 17 B 92, December 8, 2009. Croatia’s territory in early 1990s. 18 www.b92.net , January 9, 2010 5