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Eclipsing Bureaucratic Ethnic Cleansing: Croatia’S Accession Into the European Union

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Eclipsing Bureaucratic Ethnic Cleansing: Croatia’S Accession Into the European Union Eclipsing Bureaucratic Ethnic Cleansing: Croatia’s Accession into the European Union Sarah Coghill Robert D. Clark Honors College Thesis Preface: “It is in the demand of the oppressed for justice that we become most cognizant of our dignity as human beings. The power of the human spirit reveals itself not in a state of ease and comfort, but rather in times of tribulations and darkness. In struggling against the cruelty of the tormentor and the cynical indifference of the spectator, we fight for values which transcend creed, culture, and time, and thereby affirm the essential oneness of the human race.” ~ Payam Akhavan Akhavan’s quote highlights the contemporary notion that humans beings throughout the world must fight for values that surpass entrenched understandings of creed, culture, and time if an inclusive, international system of peace is to be established the world over. Though far-fetched in many regions of the world where ethnically driven conflict has stirred ideas of nationalism and fascism, the power of the human spirit has and will continue to prove it possible. The European Union’s expansion process properly requires simultaneous progress in the areas of human rights, democratic government, and control of corruption, rather than a balancing of one against another. A case study of the former Yugoslav Republic of Croatia reveals a transformed country that is committed to the transition process toward a veritable democracy, accepted by all European institutions. As demonstrated in Akhavan’s quote, targeting violators of human rights and bringing them to justice is essential to both the achievement of democracy and peace. Accusation, however, comes more easily than making peace and, therefore, the role of the EU in the continuation of human and minority rights progress in Croatia is absolutely essential as it stands as a respected international institution with the hegemonic power to “softly” force compliance. The outdated peace treaties existing between the solely affected countries of the former Yugoslavia are not enough in a modern world dictated by international customary law. The Croatian example affords important insights regarding the difficulties of ethno-political peace negotiations and particularly the complicated endgame of translating rough agreement into actual practice. As more such agreements are implemented in various global trouble spots, often in the aftermath of tragic killing and tragically delayed international response, impediments to peace implementation could indeed become one of the primary challenges of the new century. 2 Table of Contents: Title Page………………………………………………………………………………………………………….1 Preface…………………………………………………………………………………………………...………..2 Table of Contents……………………………………………………………………………………………....….3 Abstract………………………………………………………………………………………………………...…4 Eclipsing Bureaucratic Ethnic Cleansing: Croatia’s Accession into the European Union I. Introduction: Fundamental Freedoms & Human and Minority Rights………………………..………..5 II. The “Shatterbelt” of Europe: Yugoslavia’s Historical Background Pre-1990s……............…………..8 III. The Road to Disintegration…………………………………………………………………………..15 Development of the Serbo-Croatian War Bureaucratic Ethnic Cleansing War Rapes as a Weapon of Bureaucratic Ethnic Cleansing IV. International Pressures for Change in Tuđman’s Post-War Croatia (Up to 2000)…………………..22 V. The Croatian Path to Human Rights (Since 2000)………….…………………………………….......25 International Criminal Tribunal for the Former Yugoslavia Definitions of EU Membership: The Copenhagen Criteria Polarization of Croatian Politics: Compliance with the ICTY The Dayton Peace Accords The Domestic Campaign for Justice A New Spirit of Cooperation VI. Lessons from Croatian Success……………………………………………………………...............40 An Improved Record of Compliance Inducing Compliance: The Role of International Institutions VII. Croatia’s Future Accession into the EU……………………….……………………………………46 Lessons Learned from the Croatian Case Study Conclusion: Eclipsing Bureaucratic Ethnic Cleansing Works Consulted and Cited……………………………………………………………………………...............55 3 Abstract: Given its atrocity-ridden history and rough political path, the modern Croatia should be viewed through a rather extraordinary lens in terms of the development of and compliance with both peace treaties in recognition of the ceasefire between the participating parties of the ethnic wars of the 1990s and international customary law on Human Rights. Croatia has overwhelmingly improved its record of compliance within both the international and domestic sectors of governance as examples abound within the blossoming potential EU member-state. As well as satisfying aspects of various international organizations to further enter the world market and participate in the global political scene, Croatia has rectified many of its human and minority rights abuses that plagued the ethnically exploited nation for years. The peace agreements drafted under the auspices of the International Conference on the former Yugoslavia (ICTY) have included some of the most extensive and far-reaching provisions on human rights to be found in any peace treaty ever. These have included the direct application of over twenty international human rights instruments in the domestic legal order, the establishment of ombudspersons, constitutional courts, human rights courts, and international human rights monitoring missions. Indeed, Croatia has come a long way, particularly in the realm of human and minority rights, since the ethnic conflicts of the 1990s tore the former Yugoslavia apart and threatened the lives of Croatians, both ethnic and national. Croatia, however, was unable to succeed on its own and it was only through the influence of outside international institutions, such as the Council of Europe, that the now culturally flourishing country has been able to work toward remedying its past human and minority rights transgressions and contribute to the international community in a positive manner. I argue that if Croatia is to continue to make positive progress in the realm of human and minority rights within its heavily disputed borders (both ethnically and nationally defined), especially those violations which occurred during the “Homeland War,” accession to the European Union is both richly deserved as Croatia’s compliance with international customary law has demonstrated, and also mandatory as the international influence within the international customary law that is embedded within the pillars of the EU, its many treaties, and acquis communitaire will function to further encourage Croatia’s human and minority rights progress. 4 I. Introduction: Fundamental Freedoms and Human and Minority Rights: Perhaps the greatest political achievement of human civilization is the practical entrenchment of fundamental rights and freedoms. Conflicts such as those witnessed in the former Yugoslavia have outraged the international community because of the shocking violations of human rights which included the abominable practice of ethnic cleansing through various methods including war rapes and “bureaucratic ethnic cleansing” in which the ostracization of minority populations was enshrined in national constitutions as the authoritative governments sought to create a homogenous nation on the basis of ethnicity. Throughout history, it has been seen, at times, that granting territorial sovereignty to a majority leaves those who are not of that majority at an extreme disadvantage whether politically, socially, or economically. A witnessed in the Serbian population of Croatia, the Croat population of Serbia, and the Muslim population of Bosnia, minorities suffered in silence or left, becoming refugees of their own homeland. The dissolution of Yugoslavia in 1991 produced a number of interrelated, protracted conflicts. The uncompromising positions of nationalist leaders resulted in the tragic event of the wars in Serbia, Croatia, and Bosnia-Herzegovina, and the emergence of several new “single- nationality nations.” Recognized by many within the academic field and as practiced and implemented within the former Yugoslavia’s nationalist policies of the 1990s, social categorization theory teaches that humans make their social world sensible by constructing cognitive categories that represent groups.1 The contents of these categories inform judgments that people make every day to cope with the complexities of social life. Within the Croatian case study, the individuals, therefore, identified perceived difference within their culture through contact, interaction, and negotiation. Cultural differences provided a basis for group polarization and led to the development and maintenance of ethnic boundaries. As seen in the former Yugoslav nation, these categories became ethnically based as religious and nationalist fervor was disseminated throughout the country following the death of Marshal Josip Broz Tito and the opportunity for radical nationalism presented itself as it was implemented by the first democratically elected leader of the Nationalist Party, Franco Tuđjman, who praised 1 Schroth/Bostan 626 5 the fascist Ustase of World War II and supported their notion of an ethnically pure Croatia.2 The crucial point within the Croatian context is that contact, interaction, and negotiation were continual in everyday Yugoslav society whereas ethnic boundaries were maintained despite changes in the patterns of cultural differences.3 One of the more disruptive elements of Yugoslav society to the long-term stability of
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