MONUMENTA SREBRENICA Research, Documents, Testimonials BOOK 8

MONUMENTA SREBRENICA Research, documents, testimonials BOOK 8 SREBRENICA THROUGH PAST CENTURIES SREBRENICA THROUGH PAST CENTURIES Consulting editors: Jusuf Žiga, Ph.D., Professor Academic Enver Halilović, Ph.D., Professor Sead Selimović, Ph.D., Professor Anita Petrović, Ph.D., Professor Edin Mutaščić, Ph.D., Professor Editor: Adib Đozić, Ph.D., Professor Reader: Zarfa Sarajlić, Professor Translated into English by: Selma Kešetović, Ph.D., Assistant Professor Publisher: Public Institution for Protection and Usage of Cultural-historical and Natural Heritage of the Tuzla Canton Print: OFF-SET Tuzla Edition: 500 Tuzla – Srebrenica 2019. ISSN 2233-162X CONTENT Author’s Preface ............................................................................................. 5 GENOCIDE Sabina Subašić-Galijatović CRIMINAL LIABILITY IN THE PRACTICE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA ............................................................................................. 15 Meldijana Arnaut Haseljić GENOCIDE IN SREBRENICA: JOINT CRIMINAL ENTERPRISE .. 35 Dževad Mahmutović COURT PROCEEDINGS AND VERIDICT TO RADOVAN KARADŽIĆ - CHRONOLOGY AND CONFIRMATION OF GENOCIDE IN BOSNIA AND HERZEGOVINA ............................................................................. 53 Ermin Kuka CAMPS AND PLACES OF UNLAWFUL IMPRISONMENT OF BOSNIAKS IN THE AREA OF VIŠEGRAD DURING THE AGGRESSION FROM 1992 TO 1995 ................................................................................ 81 Rasim Muratović THE UNDERSTANDING OF THE CONCEPT OF FORGIVENESS BY NORWEGIAN PHILOSOPHER ARNE JOHAN VETLESEN .............. 105 ACTUAL JUDICIAL TOPICS Hamid Mutapčić, Faruk Đozić THE SITUATION IN THE FIELD OF PUBLIC REPRESENTATION OF REAL ESTATE IN BOSNIA AND HERZEGOVINA AND POSSIBLE DIRCETIONS FOR REFORM ................................................................ 133 FROM BOSNIAN PODRINJE HISTORY Adem Handžić A CONTEMPORARY DOCUMENT ON ŠAIH HAMZA FROM ORLOVIĆI (BOSNIA) ............................................................................ 151 Kemal Nurkić BOSNIAK-MUSLIM POPULATION OF THE HAJJI ISKENDER QUART IN SREBRENICA IN THE MID-19TH CENTURY .............................................................................. 163 IN MEMORIAM IN MEMORIAM: HATIDŽA MEHMEDOVIĆ .................................. 185 A WORD FROM THE EDITOR In Volume 6 of the edition “Monumenta Srebrenica“ we talked about the phenomenon and meaning of the culture of remembering for the whole socio-historical existence of social groups, first and foremost, nations and states. In the last, Volume 7 of the edition “Monumenta Srebrenica“, we discussed only one, specific form of collective consciousness of Bosniaks, that has developed recently, and that is self-shame, and we can also call it self-hatred, auto-chauvinism and the like, but that form of consciousness is very similar to the inferiority complex, that essentially degrades one’s own and values other cultural, traditional, political, religious and other life values. It is a completely different issue of the cause of the emergence of such a form of collective consciousness, but they are surely in the totality of the socio- historical conditions of life; perhaps more appropriate is the term survival of Bosniaks as a people and nation in the last two centuries that are characterized with the continuous crimes of genocide against them. Exposed to genocidal suffering and permanent genocidal threat, Bosnians have had the opportunity to often live in a position of “enigmatic swing” instead of the life of a decent free man and the people, not because they want this position, but they had to form it as a political and cultural necessity in order to survive. Unfortunately, Bosniaks are still in such a social, cultural, political and ideological reality. One of the manifestations of Bosniak collective consciousness today is the uncritical acceptance of others’ opinions and suggestions, especially if they come from the “authority” of the representatives of the so-called “international community”, without thinking much about the long-term consequences of accepting such proposals. Let us just recall that the state of Bosnia and Herzegovina, during the war against the Bosnian-Herzegovinian society and state, handed over the Srebrenica enclave to management and protection to the United Nations Organization, which proclaimed Srebrenica a “UN Safety Zone”.1 As we know this same “international community”, and it is made up of the most powerful countries in the world, those who are members of the UN Security Council did not want, and it could because it was powerful, to secure the lives of Bosniaks detained in the Srebrenica enclave, read the 1 On 16 April 1993, the UN Security Council adopted a resolution proclaiming Srebrenica “safety zone that must not be attacked by arms or be exposed to any hostile act.“ 5 largest concentration camp on the planet Earth at the end of the twentieth century. On the contrary, it allowed the Army and the Police of the Republic of Srpska, with the failure of the Republic of Serbia to prevent, and it could, to commit the crime of genocide against the Bosniaks of the “UN Safety Zone of Srebrenica” in July 1995. Therefore, only two years after assuming the obligation to “protect” the Bosniaks of Srebrenica because “safety zone” should “not be attacked or exposed to any other hostile act“, genocide occurred in Srebrenica. To date, all the above claims have been proved through legally valid judgments before the International Criminal Tribunal for the former Yugoslavia in The Hague, the Court of Bosnia and Herzegovina and foreign courts, primarily the German ones. 2 We have exposed these indisputable facts because the presence of “international community“ in Bosnia and Herzegovina still significantly influences the state and prospects of the development of Bosnia and Herzegovina as a state and Bosniaks as its quintessential content. It is justifiable to ask a question: if “the international community“ betrayed “the UN Safety Zone Srebrenica“ in 1995, can it do the same to the state of Bosnia and Herzegovina and the victims of genocide when the conditions are met, e.g. in 2025. Failing to do enough to build a functional state, rationalizing its irrational Dayton shirt and putting on the Brussels one, leaving Bosnia and Herzegovina without protection of the NATO alliance raises suspicion that Bosniaks in Bosnia and Herzegovina can experience the same thing that happened in the “UN Safety Zone Srebrenica“ in 1995. In order to prevent that, Bosniaks must rely on themselves more, which means: rely on their own rather than others’ wisdom, rely on their own strength, knowledge, economy, politics and other segments of independence, surely without neglect any benevolent suggestion and help. Perhaps the best reminder of self-reliance and self-care is expressed in the folk sayings “If you want to get things done, do it yourself“ and “you are on your own“. In order for Bosniaks to build awareness for the need to rely on their own strength primarily (cultural, spiritual, political, economic, military, scientific, patriotic etc.), it is necessary to permanently critically examine their daily activities in every sphere of their lives and in particular in the sphere of culture. Let us not forget that in addition to others culture has the protective function of society and the state.“ The protective function of culture primarily protects individuals from losing one’s own identity. In addition to protection of identity, culture protects man from both adverse and natural influences, such as wars, diseases, etc. This function of culture is also reflected in the protection 2 More details in: Vedad Gurda, Procesuiranje genocida u Bosni i Hercegovini pred međunarodnim, domaćim i inostranim sudovima, „Monumenta Srebrenica“, knjiga 4, Tuzla-Srebrenica, 2015, pp.35-68. 6 of one’s own culture from oblivion. This is achieved through a number of cultural institutions, such as scientific, cultural and educational institutions, archives, museums, libraries, etc. The significance of the protective function of culture may be best illustrated with the fact that in the past many nations disappeared when they failed to preserve their culture, or when culture was unable to perform its protective function.“3 One of the most important cultural facts, not only for the culture of memory, but for culture in general, is the monumental culture, which is primarily based on the celebration of significant dates and events, as well as the significant personages of a nation. Monuments are “petrified“, crystallized symbols of the part of the social reality to which they are related, and their primary function is to admonish, keep from oblivion, transmit from generation to generation, warn, in one word to protect national culture from oblivion. Monuments are not only statues of celebrities or events, but also names of schools, streets, places, and in the widest sense names of people. Even in this issue, Bosinaks are falling behind in comparison to two other peoples in Bosnia and Herzegovina, especially in the Bosnian Podrinje, as well. Bosnian Serbs and Bosnian Croats marked “their“ space with symbols of their own national culture, while Bosniaks share “their“ space on three parts. Space is here understood not only as territorial and geographic space but as space in the widest sense of the word, cultural, artistic, political and the like. In order to avoid confusion, we want to emphasize that we are not asking for any type of exclusivity,

Load more