Croatia's Road to Reconciliation and the Role of the International Criminal

CEU eTD Collection

Croatia’s road to reconciliation and the the of role toreconciliation Croatia’s road In partial fulfillment thefor degree Master of Arts of C riminal riminal T ribunal for the Former Former thefor ribunal Supe Central European University Department Publicof Policy rvisor: Professor Karol Budapest, Hungary Submitted to Maja Brati

2013 By

y Jokay ugoslavia

I nternational nternational

in Public Policy

CEU eTD Collection ethn institutionalized and truths ethnic of competing history unresolved as; such reconciliationviolence, to road many also the are obstruct there that reconciliation, about factors bring extenuating facto de to upon relied overly be not should trials aid than hamper to more did ICTY the that and Croatia in of impact the and ICTY the available the are begin what to process the and for applied entails be can reconciliation that methods what of understanding broader a exist to needs reconciliation. promote to reconciliation commitment Croatia's at looks present be must conditions favorable however, feasible, be to process extent what to the attention to Croatiato in order paper this (BiH), Herzegovina and Bosnia on focus over Tribunal's and conducted trials of number Considering decadesreceiving praise and criticism over its work and for Tribunal Criminal International The

nufcet eerh eadn te mat f h IT i Cota larg Croatia in ICTY the of impact the regarding research insufficient

tends

its role contribu role its

oe roiy n nentoa ciia til ad post and trials criminal international in priority lose

ICTY trials, the author argues that reconciliationauthorarguesthat the trials, ICTY

ted to reconciliation between Serbs and Croats. For the reconciliation the For Croats. and Serbs between reconciliation to ted

determinewhat impact the hadICTY the on ground andand whether h fre Ygsai (CY hs en n prto fr two for operation in been has (ICTY) Yugoslavia former the ABSTRACT i

it Based on inter on Based

is scheduled to

the reconciliation process. Although crimi Although process. reconciliation the

hl a itnil tr such term intangible an While c artvs aog others. among narratives, ic - ethnic relations, ethnic

closein 2014.

n teeoe h ppr also paper the therefore and

has not been widely nothas - a cmuiis there communities, war l de o small a to due ely

perceptions of perceptions

pursued

turns

nal as CEU eTD Collection Bibliography CONCLUSION CHAPTE CHAPTER 2: Background CHAPTER 1: Conceptualizing Reconciliation INTRODUCTION List Abbreviationsof Table of Contents 3.2 3.2 Perceptions theof ICTY Inter 3.1 RELEVANT 2.3 ICTY TRIALS INTERNATIONAL 2.2 CRIMINALTRIBUNAL FOR THE FORMER YUGOSLAVIA 2.1 WAR IN CROATIA Reconciliation 1.2 a as process Reconciliation 1.1 an as outcome Methodology 3.2.3 Controversial verdicts 3.2.2 Reconciliation Truthvia 3.2.1 Reconciliation justicevia 2.3.2 Operation Storm 2.3.1 Vukovar Three 2.2.2 Critique of the Tribunal and Undeclared Purposes 2.2.1 ICTY Achievements of Declared Purposes R 3. THE ANALYSIS - ethnic Relations and Croatia’s Commitmentto Reconciliation

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36 34 32 30 28 26 22 22 21 20 20 16 13 13 10 10 .

8 7 6 5 2 1

CEU eTD Collection UN TRC TO SFRJ RSK RECOM OTP NDH JNA ICTY ICTR ICC HDZ BiH List of Abbreviations

United Nations Truth and Reconciliation Commission Teritorijalna Odbrana Territorial/ Defense Socialist Federal Republic of Yugoslavia Republicof Serbian Krajina Regional Commi Office theof Prosecutor Nezavisna HrvatskaDržava Independent/ State of Croatia Jugoslovenska Narodna Armija Yugoslav/ National Army International Criminal Tribunal the for Former Yugoslavia International Criminal International Criminal Court Hrvatska Demokratska Zajednica Croatian / National Union Bosna iHercegovina / Bosnia and Herzegovina

ssion

Tribunal Rwanda for

CEU eTD Collection 1 reconciliation. r neglect little but investi been has Yugoslaviaformer the in societies on mandate fellshortwith its aidingpromisesof previou the leap,exercisedfightingimpunitybigwasthatagainstin international a has made said that justice be can trialssuccessful,161 conductingbeenvery has itstandards legal by andyears twentyfor operation in to contribute and justice officials military and state top punishing of establishmenttheintervened throughStates United the andFrance by headedcommunity international left had aftermath its and Yugoslavia former t Although to motivate Croatian authorities to endorsereconciliation policies,perhaps dueto priorities.other 6% over and Serb 20% bigge Croatia’s committed crimes againstSerbs in Krajina thatincluded murderand ethnic of cleansing. heads military Croatian remaining the acquitting by ruling controversial very a of Hague to regards in especially questionable, writing Cyrillic against demonstrations Croatia in marriage gay banned constitutionally that referendum recent a of light In I NTRODUCTION

gre a a political a as egarded Statistics available its an

before past. ad hoc ad Tribunal f the of attention has been paid to those communities affected in Croatia. The Croatia. in affected communities those to paid been has attention e 90 ae far are 1990s he In November2012, t

s century and moved towards delivering justice at the highest level. highest the at justice delivering towards moved and century s the conflict began (i began conflict the tribunal

online t minority, st to to itm i Cro in victims

as EU

at Yugoslav

, . T . http://www.indexmundi.com/croatia/demographics_profile.html

Croatia has come a long way long a come has Croatia he or ta hs ny heig only has that court restoring ICTY was formed was ICTY he Serbs, now make now Serbs, he gone s, ta have atia he of whom of

n the 1991 census, 1991 the n

International Criminal Tribunalformer Yugoslavia the for (ICTY) h residues the and maintain and te oeac i ti E this in tolerance the , t minorities. its

created the biggest percentage was Ser percentagewas biggest the responsible. Within its mandate the ICTY set out to dispense to out set ICTY the mandate its Within responsible.

in midst of an ethnic war in order to det to order in war ethnic an of midst in the process of reconciliation.the processof actual The ICTY impact the of f hi ruld past troubled their of ing

4% behind a very very a htened ethnic hatred in Croatia Croatia in hatred ethnic htened

2 ,

peace in the war the in peace 1

12%

however

of the total population compared to compared population total the of gated thoroughly in Bosnia and Herzegovina and Bosnia in thoroughly gated Fro of Croatian population Croatian of anti ehi cnlc to conflict ethnic m cnmc political economic, -

it continues to be plagued by the by plagued be to continues it CY lmt and climate ICTY uropean

torn tl igr Te iitgain of disintegration The linger. still b U

) r in (UN) nion .

egion. The Tribunal has been has Tribunal The egion. These numbers do not seemnot do numbers These n sca crae The carnage. social and independence,

Nevertheless, the ICTY’s the Nevertheless, feelings of of feelings declared t e rbnl has Tribunal he

ecmr tt is state newcomer ahr hn aided than rather

and country and er war crimes by crimes war er themselves

an injustice andinjustice

estimated from

demons

issued

(BiH) - been wide the . as It ,

CEU eTD Collection and guiltethnic collectivize to more done have judgments controversial its and voice; a victims give fai work; Tribunal’s understand better populations local help that programs outreach creating in slow was it Croatia, in committed crimes investigating into resources and time enough invest not did It AlthoughICTY the is not a directsaboteur reconci of Serb problems the of some just returnees face daily. Theabsence Croatia’sof political reflects will the social apathy toward Serbs. are discrimination employment and crimes, motivated ethnically rig tenancy Reinstatingproperty. Serb of repair and reconstruction stalled has it contrary the on but population,Serb its for genuineconcernexhibited not hasCroatia governmentof Moreover,the hatred. ha verdicts ICTY contrary, the On reconciliation. of process the aid to little done have judgments subsequent their and trials ICTY through established inter in change significant any produced not have peace of decades Two by stories presented in the trial proceedi challenged instead but trial at presented facts the by corroborated not were narratives ethnic adopted whenever case the was This Croats. verdi and Serbs by ICTY unjust and The biased motivated, politically reconciliation. as perceived to obstacle serious a became Croats and Serbs as by conflict perceived the about truths competing The court. the of perceptions popular influenced collectively establishme gap ICTY’s time The the numbers. between few in and late came perpetrators crime war main Croatia’s of Indictments heading the into unknown. and status, nation constituent their columns refugee of formed Serbs million a of stripped quarter a Over 1995. August were in cleansing ethnic by followed Serbs the 1991 of spring the in when again yet resurfaced past the of scars The Serbs. and Croats both of households modern the into crept and Cro in reconciliation to path the obstruct further today even that problems underlining many were there role a play even could ICTY the Before

hatred than deliver

justice, promote peaceand aidprocess the of reconciliation

t n te cul nitet o Cotas o ofcas a have may officials top Croatia’s of indictments actual the and nt ngs. atia. Nuances of ethnic hatred have survived two world wars world two survived have hatred ethnic of Nuances atia.

e asd oiia flot ad egtnd ethnic heightened and fallouts political caused ve 3 liation inCroatia,did it notdo enough promote to it.

- tnc eain. h truth The relations. ethnic .

t were cts

entice led to led hts,

CEU eTD Collection different begin will paper the analysis, conditions Croats? and paper this of purpose The o ht xet i a al hs CY otiue t inter to contributed ICTY has all, at if extent, what to

h ppr il lo xmn te omtet f h Cota sae o rae necessary create to state Croatian the of commitment the examine also will paper The meaning to

edd o rcniito t tk ro i society. in root take to reconciliation for needed

different people.

is to is

y ocpulzn rcniito, rather a reconciliation, conceptualizing by answer the re the answer

search 4 question: What impact did the ICTY have in Croatia in have ICTY the did impact What question:

- tnc eoclain ewe Srs and Serbs between reconciliation ethnic n re t est to order In

nagbe term intangible bih comprehensive a ablish hc has which

CEU eTD Collection December, 2013) 2 Serbian capital Belgrade. of population Kninof justwas over 15,0 was population whose Interviewee, The mainly those survival.of problems, pressing more had they that and difference a make not would said they whatever that felt Some from exhausted psychologically and emotionally because declined people part, most the they tongue, native their in and Serbia in interviewed being Krajina from settleme Serbia in location on to regards In theon ground is au Vu The situation rea people’s on polls national and reports Serbs. interview structured semi and scholars by conducted work field well as reports, online journals, docu This Methodology

Statistics available online at thentic many many were adamant were u t lmtd eerh n h IT’ ipc i Cota te uhr lo eid n newspaper on relied also author the Croatia, in impact ICTY’s the on research limited to Due kovar nt of displaced Serbs and survivors of Operation Storm Operation of survivors and Serbs displaced of nt . displaced Serbs displaced

ment’s analysis is based on based is analysis ment’s c onsidering the city demographics, aroun demographics, city the onsidering

)

case Ufruaey teewr cnieal limitations considerable were there Unfortunately, . the semi the

better - Nebojš study

http://www.dzs.hr/Hrv/censuses/census2011/results/htm/H01_01_04/H01_01_04_zup15.html that their truth could never fill the ocean of lies that is already out there. out already is that lies of ocean the fill never could truth their that -

structured interview conducted interview structured predominantly n coe 2013 October in measured and compared in such an environment.

by Clark (2012) Clark by

Kukolj a

from Krajina from

conducted in Dobanovci, a Bel a Dobanovci, in conducted

is a 00 reversewith a 80%

ICTY reports, transitional justice literature, a variety of academic of variety a literature, justice transitional reports, ICTY and currently resides in Dobanovci, some 20 20 some Dobanovci, in resides currently and native Serb

is Te oain a coe because chosen was location The . codn t toe prahd ay ttd ht they that stated many approached, those to according ctions to ICTY judgements to gain a better perception of the of perception better a gain to judgements ICTY to ctions utilized here utilized

(80%

f Knin of )

prior to the war the to prior revisiting 5 d 58 d

( on n h Kaia ein f otes Croatia southeast of region Krajina the in town

by the author the by because % Croat and 35% Serb 35% and Croat % grade suburb grade

Croatand

h ps ad niln t roe wounds. reopen to unwilling and past the

were wary of the author’s intentions author’s the of wary were

the measure of inter of measure the ( A . Following . ugust 1995 ugust u t pol’ setcs. Despite skepticism. people’s to due , one , 20 percent

ICTY experts ICTY populated by displaced Krajina displaced by populated

K rajina Serb was Serb rajina 2011 ethnic cleansing of Serbs of cleansing ethnic f its of . Also, the ICTY’s impact ICTY’s the Also, .

Serb Croatian kilometres , and ,

. - 2 infcnl large significantly ethnic relations is relations ethnic

Mr. Kukolj a

(visited 20 interview first p first census,

from the from

Others

is one erson were .

the For ed )

CEU eTD Collection assembled during the and emotions values, of set new lastingpeace. a automatically translateinto not does conflict than rather methods altogether. ag the by disadvantaged feels party one conflict process reconciliation the of flow the determine can ends conflict a way The the very inception reconcilof place in be to have elements region, the in security Despite the wounds of the conflict. from itself heal must society a wherein role rehabilitative a on takes reconciliation Croatia, in scenario war the Considering settings. different in forms different on takes reconciliation term, elusive an Being is reconciliationWhy needed and how can itachieved? be explor must first we rarely is it practice ordinarycitizens informer the Yugoslavia. Although inescapable in has Reconciliation CHAPTER1: Bennink2004, 13) de the prevent and conflict the of possibilit resolution the goals, negate conflictive thus and the opponent the to delegitimize adherence conflict, the the maintain support that emotions and motivations attitudes, “Reconciliat via peace accords peace via the Bar Tribunal’s lack of strategy in regards to its wider mandate in terms of of terms in mandate wider its to regards in strategy of lack Tribunal’s Conceptualizing Reconciliation - Tal and Bennink (2004) suggest that for reconciliation to happen it is best to combine to best is it happen to reconciliation for that suggest (2004) Bennink and Tal

success eoe common a become ion is required when the societies involved in a conflict evolve widely shared beliefs, shared widely evolve conflict a in involved societies the when required is ion e

to rely on one method only method one on rely to its intractable

r econciliation can be seen as an outcome outcome an as seen be can econciliation d

ifferent concepts ifferent

ful that is mutually beneficial can significantly help the process. In cases where cases In process. the help significantly can beneficial mutually is that

iation. . In order to understand reconciliation and how it can be applied in Croatia in applied be can it how and understandreconciliation to order In . to make it operational. it make to

conflict.

beliefs

em n oiia dsore mn, o on not among, discourse political in term , as well as well as , reement, reconciliation may not fare well or or well fare not may reconciliation reement,

ht il hne h psychological the change will that . In their research their In 6

First, we need to identify the factors necessary for necessary factors the identify to need we First, necessary components needed for its realization. its for needed components necessary eomn o paeu relations. peaceful of velopment

Instead, the emphasis is put on acquiring a acquiringa on put emphasisis the Instead, public and they posit that a peaceful end peaceful a that posit they s poes o wih certain which for process a as speec ,

whereas ending an armed an ending whereas hes andhes dailydialogue,

eetie ht was that repertoire restoring peace and peace restoring y oiiin, but politicians, ly ”

o peaceful of y (Bar be - possible a and Tal

to a to in CEU eTD Collection suffe understanding new a to lead may transgressions t own one’s of that Acknowledgment sense a in past the acknowledging be only can reconciliation the different Serb because unrealistic be may ambitions Such attitudes, tuning emotions, adopting newgoals e to order in fabric social the in embedded to be has place. in were that elements regime, Tito’s Under acts. violent stop not Yugo did stability economic where world the of parts some from evident been has it as reconciliation guarantee not do own their on elements structural However, equ groups all where integration, economic turn. different a on take efforts reconciliation the space in Hence, sides. both by inflicted recognition mutual be to has there achieved be to this For stability. and peace s Therefore, to embody. the aggressor. Thismay conflictwith theirsense that justice of the as perceive they group the with relationships repair to unwilling are who victims some by rejected be one to sympathetic sides opposing the environment an such environmen peaceful sustainablea creating of effort mutual a be to hasThere committed. crimes of acceptance and suffering R 1.1 econciliationthebereached can once only Reconciliation asan outcome al opportunity in the economic domain sla ring (Bar via was economically stable but its but stable economically was via . Trying to reconc to Trying .

u - ch reconciliation calls for a wider contribution, a collective a contribution, wider a for calls reconciliation ch Tal and Bennink2004,

anothe t in which all can benefit from and from benefit can all which in t ile under these circumstan these under ile r (Bar The psychological rehabilitation is at the heart of reconciliation of heart the at is rehabilitation psychological The situation -

superficial Tal and Bennink, 2004, 2004, Bennink, and Tal 18).

have to be represented equally represented be to have s

(Ibid, 16). where post where multiethnic coexistence multiethnic

rival ee r to ie t eey tr i a trig point. starting a is story every to sides two are here 19, 373) (1999, eoe oe osdrt o ec ohrs ed and needs other’s each of considerate more become and motivations en masse(Ibid, 17).

groups find a commonlanguage,groupsa find recognition mutual of 7 s’

ces ces n Croat and ncompass an entire society entire an ncompass rival groups continue to live in the same physicalsame the in live to continuegroups rival thus . is extremely difficult and according to Hayne to according and difficult extremely is 15 oee, omn cletv mmre by memories collective forming However, Operational ) . relationship develop However, this form of of form this However, ’ views s’

criminal trials and their could

lmns eur pltcl and political require elements in power structures and given and structures power in society f itr ae fu are history of not not rely on the on rely

of crimes and suffering and crimes of effort that will ensure will that effort ; changing beliefs and beliefs changing ; s

of the other group’s other the of

and restore tru restore and reconciliation may reconciliation

verdicts come psychological ndamentally

whereas it whereas st. In st. r

CEU eTD Collection 2) 1) the process following the conflict, the of resolution peaceful the to addition In psychological repertoire changes structural begins o on Another concept reconciliationof defined is through a process rebuildingof relationship 1.2 Reconciliation asaprocess Societal 5) beliefs about peace Societal 4) beliefs about therelationship with the past opp Societal 3) beliefs about own group Societal 2) belief about rival group Societal 1) beliefs about group’s goals Bar society how a as whole is going to rehabilitate and join necessarily not does of terms in past the Reconstructing colle through accounts historical own their revise to groups certain for unlikely seems it and neighboursbetween blood bad of centuriesendured has that terraintumultuous a is Balkans The Political Relationship - T pposite sides. pposite ctively heal and forgive al with the onset of of onset the with (2000) generations.

will and leadership

(Ibid, 35 ,

identifi buildingboth by acts sides i

This is a prac a is This can - 36) lead to healing and forgivenes and healing to lead ed thefollowing oe scholars Some be successful be : as a

scooia changes psychological (Lederach 1998; whole

tice oriented approach oriented tice

(Bar

collective memories is certainly necessary for reco for necessary certainly is memories collective

when psychological changes hwvr believe however, , - Tal and Bennink2004, 27) nvolved in the process

enforced Hayner, 1999 . s. Therefore, reconciliation is not about forgiving butforgiving about not is reconciliationTherefore, s. 8 Although

y oiis ht promote that policies by effortsto buildnew a ,

which ). onent

ht hog rcniito pol can people reconciliation through that as essential slow slow predated

. n h beginning, the in

are the necessary factors for aiding for factors necessary the are

by for reconciliation that have been have that

a society signed

h cag in change the

(Hayes 1998, 33)

conflict resolution conflict scooia and psychological s nciliation but it but nciliation

between those

passed to succeed

society’s

down .

CEU eTD Collection which can help alleviate strainsthese the of some tackle to order In 5) 4) 3)

International Institutional Activism       

facilitators NGOs reconstruct publicreality. transmitting Media Mass psychological repertoire by promoti Education history rewriting changing school curriculums. for basis a as serve negotiations; through sides all by upon history common a Writing deterrence futureof crimes. justice Trials Public reconciliation. to lead eventually and memory collective a create help could accordingly justice administering by past Commissions Reconciliation and Truth enabling them to heal. asking and responsibility taking by past the confront they wherein Apology

of theof population supporting the process

support(i.e. political, cultural, educational,

– by

rev commun

–

– , providing justifying ealing the truth about events that transpired during the conflict; exposing crimes andexposingcrimestranspiredconflict;that eventsduring the truth about the ealing n otiue o reconciliation to contribute an h pris novd omly plgs fr their for apologise formally involved parties the

introducingadvancereconciliationeducationpeaceintoorder change andsociety’s – esgs nosn rltosi bidn wt te at ia gop n fot to efforts in group rival past the with building relationship endorsing messages –

a very powerful tool of persuasion that can be used to promote reconciliation byreconciliation promote to used be can that persuasion of tool powerful very a nte mto o fclttn reconciliat facilitating of method another ity support

h nes f itm; niiulz rte ta cletvz guilt collectivize than rather individualize victims; of needs the

economicassistance

challenges of the psychological aspect of the process, there are methods are there process, the of aspect psychological the of challenges

–

, a joint committee of historians recreating the past that is agre is that past the recreating historians of committee joint a

such as ng attitudes new and beliefs.

(Bar

(TRC) - and supporting Tal and Bennink2004, 28 9

– n post in

a way of assisting communities to deal with the with deal to communities assisting of way a media, - ofit oite a pae movement peace as societies conflict

etc. o wees hy rvd retributive provide they whereas ion the )

grassrootslevel

rngesos gis te other the against transgressions

- 35) victims victims :

for forgiveness for in society. text books sre as serve ;

and and ed CEU eTD Collection military organs, state elected legally generations, many for there lived organization state a of elements all had It established. was (RSK) Krajina peo Serbian the of autonomy and sovereignty of declaration a adopted and centuries) for lived Serbs of majority where t response, In World War II events horrendous the of repeat a feared and aspirations these by alarmed were Serbs Croatian The were mul first its held Yugoslavia 1990, In (Vučinić 2005, 35) committing formation quisling a merely not “was Croatia of State Independent the that proclaimedTudjman Franjo those resembled eerily Franjo by headed peak its at was nationalism Croatia, In escalated to war 136) problems economic Macedonia attr state received Furthermore underdeveloped. itself takenfelt advantage contr their cut to threatened and regions undeveloped the to allocations large about dissatisfaction their express to first the were Croatia and estran restrain to failed strength, and country the overwhelm socialism crumbling Political 2 CHAPTER2: .1 WARIN CROATIA Ntoaitc uhra ped hogot h rpbis uln pltcl ofit ta quickly that conflicts political fueling republics the throughout spread euphoria Nationalistic .

won by HDZ which did not hide its secessionist goals of forming an independent an forming of goals secessionist its hide not did which HDZ by won hne set through swept changes )

Background acs cie, u a epeso o te itrcl aspira historical the of expression an but crimes, fascist were wer e eb i Cota raie aog h Kaia et a egahcl ein f Croatia of region geographical (a belt Krajina the along organized Croatia in Serbs he ple in Croatia. in ple s e committed inname the of NDH, . .

unhapp

lwy tre t udrie h vr foundati very the undermine to started slowly ( republics Undeveloped ibutes. of

poured

dueto of the infamous NDH infamous the of . The Yugoslav republics started to quarrel while the presidency, lackin presidency, the while quarrel to started republics Yugoslav The .

wt te xsig itiuin f eea funds federal of distribution existing the with y no Yugoslavia into

a quarter GDP its of

After holding After south tiparty elections. tiparty Vjoia n Ksv, ebas w atnmu pro autonomous two Serbia’s Kosovo, and Vojvodina , ged leaders and leaders ged - atr Europe eastern ibutio

. During HDZ’s first general assembly on February 24, 1989 24, February on assembly general first HDZ’s During . a referendum to secede from Croatia, Republic of Serbian of Republic Croatia, from secede to referendum a n d and ns to the federation’s budget. federation’s the to ns

10 going a pro e eooi and economic eep

In the Croatian elections the majority of the votes the of majority the elections Croatian the In direct the country towards new reforms. Slovenia reforms. new towards country the direct

- ona n Herzegovin and Bosnia into the federal the budget,into the timeat while after Nazi

Tudjman and his HDZ party whose aspiration whose party HDZ his and Tudjman state h fl o te eln al Te ae of wave The Wall. Berlin the of fall the .

n o Yugoslavia of ons

in o te rain people” Croatian the of tions n plc structures police and oiia problems political –

territory, people who have who people territory, Serbia, on the other hand, other the on Serbia, Goig poli Growing . , otngo and Montenegro, a,

Mroi 2006, (Marković

Croatian state. Croatian

tre to started ia and tical

g power g n place in vinces being of ,

CEU eTD Collection Serbs follow Croati dozen officers. two their of arrest the Croatia for of retaliation Busloads in raid a on went (MUP) Affairs Internal of Ministry Serbian a Selo, Borovo in started clashes armed 1991 May In ma over which in rebels Serb the legitimatehistoryas indownCroatian operations againstStorm.Operation eventswent These and Flash of consequence direct ten Serb. was percentage biggest the whom of Yugoslav census, 1991 the In saf to the of 3% to Serbs of ideasin Au whi in speeches his from evident was This force. by Yugoslavia from seceding on insisted he independence Although has neverbeen applied nor se to Ar by guaranteed as determination rights legal had it that argued people. Croatian Croatia the of state national a became Croatia of Republic the which in Constitution new a republicsautonomousconsentalltheand withoutof Inthe provinces. 1990, Constitu 1974 the of 5 Article violating independenc declared Croatia awaytaken from them. collections,library sc of 2005,(Vučinić 52) ript was banned and Croatian and banned was ript

ety to any Serbin Croatia (Ibid, 50). constituent king it the single biggest exodus sinceSecond the World War ch he stated he ch years later in the 2001 census Serbs mad Serbs census 2001 the in later years President gust speech1991 he when ed an officers and three Serb civilians dead. Outrage poured in and violent incidents against incidents violent and in poured Outrage dead. civilians Serb three and officers an

ain status nation (Prosecutor v. Mrksic et al.2007, 11)

that there would have been have would there that .

Serbian TV and radio operat radio and TV Serbian Shortly after n over one fifth of Croatia’s population was Serb was population Croatia’s of fifth one over

uja hd upr fo t from support had Tudjman policemen

the tal population”. He as well as He population”. tal

interpreted asa basis fo 1991 and o Otbr , 91 y bsn te ih t self to right the abusing by 1991 8, October on e

, the Croatiannew Parliament, the adopteda Constitution qatr f mlin eb wr fre t forced were Serbs million a of quarter a

became the only official language. Serbian literature was purged from purged was literature Serbian language. official only the became arrived at Borovo Selo to carry out the operation. The aftermath left aftermath The operation. the out carry to Selo Borovo at arrived - 95 a cnldd y 1 by concluded war 1995 eeaig them relegating ticle 1 and 55 of of 55 and 1 ticle

gave a solutiongave the to

tion of SFRJ. The article stated that borders could not not could borders that stated article The SFRJ. of tion

no war had Croatia had war no e up only 4% of total of 4% only up e ions banned and their administrativetheir andbannedions ee rm uolva referencing Yugoslavia, from cede

to the status of a national minority. national a of status the to r . no the UN Charter, disregarding the fact that fact the disregarding Charter, UN the

breaking upUN a member state e et n hd setal scrd Croatia’s secured essentially had and West he

Tudjman almost delivered on his promise, as just as promise, his on delivered almost Tudjman ted that if it came to war to came it if that ted

“Serbian problem” 995

village close to Vukovar, when Croatian when Vukovar, to close village (Marković 2006, 169)

rain ry offensives army Croatian

not wanted it. Tudjma it. wanted not

– populati

12% declared as Serb and over 6% over and Serb as declared 12% fe ter neta lands ancestral their flee o on ( on CroatianAssemblyadopted

by “reducing he could not guarantee not could he Ibid, 51 Ibid,

- and

eemnto and determination . (Vučinić 2005, 48) strip

h rgt o self to right the -

police position police n promoted his promoted n 5 eba Cyrillic Serbian ping the Serbspingthe 2). This was a was This 2).

– the number be changedbe

Opera this right this tion . s -

CEU eTD Collection money and filthyunderwear” in gloated enjoyed one No plundering andcontinued murder for several months theafter operation. that land. their from expelled were Serbs 250,000 than more and murdered brutally and 75) 2005, Serb control. NATO aviation opportunity the took Croatia Serbs, the at fingers pointing busy conflict, to pushed got Croatia controlling continued army i Croatia’s recognized community European 1992, January In behind leaving destroyed many completely was city the shelling heavy and fighting of months three After barracks JNA deblock to groups paramilitary and police Croatian the to pleas repeated A

full blown armed conflict armed blown full

left devastation and despair was regarded by regarded was despair anddevastation left eue columns refugee

casualties

h wrt asce a be cmitd n rbeia y eb ocs Wie h wrd was world the While forces. Serb by Srebrenica in committed been had massacre worst the . In August 1995, Ope 1995, August In .

jubilation when he shouted from the podium, “they didn’t even have time to take their dirty their take to time have even didn’t “they podium, the from shouted he when jubilation

– the victory more than Tudjman who gave a speech in Knin right after the operation the after right Knin in speech a gave who Tudjman than more victory the soldiers and civilians. .

the sidelines the ilgs ee und o h gon, h edry h cud o ecp were escape not could who elderly the ground, the to burned were Villages

ensued

supportedCroatian initiative the providing by aerial reconnaissance aoiy eb ra i Cota Wt te a i Bsi beig n 19 in brewing Bosnia in war the With Croatia. in areas Serb majority

(TransConflict 2013) ration Storm executed series executed Storm ration in Vukovar in .

After three years of fighting, of years three After

with the with

. Croats and their western allies a military success. military a allieswestern their and Croats 12

Yugoslav National ArmyNational Yugoslav

ndependence and JNA withdrew. The RSK The withdrew. JNA and ndependence of powerful atta powerful of to

in the ending the in overtake

the cks, bombing cks, (JNA) involvement (JNA)

This two This

territory under Krajina under territory stages of the Bosnian the of stages

fell on on fell - day operation day

Serb towns Serb deaf

(Vučinić

ears. after . He . The 92,

CEU eTD Collection (ICC) Court Criminal International the for kind, instituted anad hoc tribunal whichnow is point the referenceof for all thosethat followed, mostimportantly courts first criminal the is ICTY The international reconciliation. to road the on any peace harvesting of hopes were in justice delivering Trials Tokyo and Nuremburg before Never the Nuremburg Trial had only twenty four defendants. or deceased either those of 69 wherein form the in committed law per As The 6) r 5) Facts 4) surrounding conflict the were established Victims 3) received Justice 2) was brought to L 1) According to th 2.2.1 peace and reconciliation further in assist building and between the nations atrocities, future deter actions, their for account to respo those bringing and guilt individualising by justice deliver goals; three achieve to aimed and was Tribunal The 1993. 23, May on created was Yugoslavia 8 Resolution Council Security UN the by Enacted 2.2 INTERNATIONAL CRIMINAL TRIBUNAL FOR FORMERTHE YUGOSLAVIA Contributions were madeto i eaders ICTY Achievements of Declared P 2013 ICTY report ICTY 2013 ule lawof

wereheld e offici

was strengthenedwas

a voice had

accountable etne, 1 sentenced, al website theof ICTY, the following accomplished was , 161 individuals were indicted were individuals 161 , their charges withdrawn charges their victims

er Yugoslavia er (Clark 2009, 23) nternational law

aqitd 13 acquitted, 8

. Upon the establishment of the ICTY and its sister ICTR, there has there ICTR, sister its and ICTY the of establishment the Upon . urposes . Out of the 161 indictees,the 161 the of Out . .

(ICTY 2013) (ICTY 27, the International Criminal Tribunal for the Former the for Tribunal Criminal International the 27,

13 eerd to referred

for grave breaches of international humanitarianinternational of breaches grave for

. These numbers are incredible consi incredible are numbers These . established in the midst of midst the in established ainl ors and courts, national Tribunal has so far procefar so hasTribunal

(ICTY 2013) remaining :

ethnic conflict ethnic ssed 136ssed 6 have 36 dering nsible of its of s

CEU eTD Collection during revealed being constantly is that truth the and rendered judgments the Therefore, Serbs. the to for especially past, the confront to able being not from stem ICTY the towardsattitudes negative The their further to efforts in Tito in under suffered illiteracy judicial Tribunalas dismissed are inspirations hegemonic the on stronghold American of accusations The reconciliation. esta to is ICTY the of objective main The reconciliation. achieving in helpful very be to considered is horrific remorse expressing their and for crimes responsibility Taking accused. the by guilt of confessions public welcomes Tribunal mi out giving for pleas guilty accepting to regards In politics. from separated rarely op (2005) Saxon that could hinderits operation in elements political of void completely almost is ICTY The longer. for jailed and inprosecuted get and severity numbers in crimes most committed who those that but Serbs the towards bias following no absolutely by law exercising is ICTY decisions. the their base judges the which on standards that legal accepted internationally argues (2003) Meernik favoritism, ethnic and justice justice” “victor’s ofaccusations possible preventing of method a also was court the of locality the addition, In functional. ju that fact the to due precautionarynature a of one is formerYugoslavia the of outside court a creating for reason The be only achieved if the victim manages to forgive and becomes vengeance th of punishment the through accomplished is which healing America Latin and Africa South in successf been has Tribunal the methods,crimes war for interventionist and diplomatic officials mergingranking high prosecuting by Moreover, reconciliation. in facilitating and law, of rule instrumentalthe restoring been has ICTY the addition, In internationalto humanitarian law crimethebiggestrulingasofseencontributiongenocidewhich is the the is ICTY on achievements the of truth the T The TimorEast subseq other proliferationof a been ribunal has contributed greatly to establishing peace in the region, delivering justice, establishing justice, delivering region, the in peace establishing to greatly contributed has ribunal uhlig itms rights victim’s upholding , (Orentlicher2010, 11) dicial systems in the post the insystems dicial ines Dvt 2012, (Devitt

that the ICTY sends a very strong political message as it should because the law is law the because should it as message political strong very a sends ICTY the that blish the truth that will guide the rule of law and aid in the process of process the in aid and law of rule the guide will that truth the blish 3)

. any way despitejudges coming from NATOcountries

. (Devitt 2012, 4; Roberts 2009 (Humphrey 2003, 496) 2003, (Humphrey n poiin o rwn cam o te CY mlmnig victor’s implementing ICTY the of claims growing to opposition In uent courts for Sierra Leon, Uganda, Nigeria,K Uganda,Leon, Sierrafor courts uent and - war countries had to be marred with corruption therefore non corruptiontherefore with marred be to hadcountries war evn a itrcl record historical a leaving ul in abolishing legal impunity which was exercised widely exercised was which impunity legal abolishing in ul 14

. . C riminal trials serve as instruments of social of instruments as serve trials riminal e culprit. However, true reconciliation can reconciliation true However, culprit. e , 744) .

- n o te ot important most the of One free (Ibid, 499 the former Yugoslavia. former the osovo, Cambodia andCambodiaosovo, He adds that there is there that adds He lder sentences, the sentences, lder (2003, 159) ).

- CEU eTD Collection prosecution of truth of responsibl quest their in on continue to courts local assist only can that evidence of mounts and investigations,trials, of historicaldatabase a created has ICTY Thegroups. ethnic warring Without begin. de Tribunalhas the H Refik (Ibid, 49) middle the in somewhere been always have Croats the while work, its of approving and Tribunal the to receptive most the been have Muslims Bosnian The ICTY. the towards resentment biggest the have so is it that asserts she Serb, Bosnian are indictees of thirds two that arguing By sides. three all from defendants of number the with lines ethnic down divided Tribunal have Muslims Bosnian the as justice some victims the given has ICTY the that acknowledges (2010) Orentlicher Diane inpreventingrole historyfrom being repeated crucial a playing is trials odzić .

toe uly f a cie. ihu a itrainl rmnl or te indictment the court criminal international an Without crimes. war of guilty those e , former ICTY spokesman and outreach coordinator for Bosnia and Herzegovina, argues thatargues Herzegovina, and Bosnia for coordinator outreach andspokesman ICTY former ,

top en ihy uprie f h cut Se orlts h dfeig ecpin o the of perceptions differing the correlates She court. the of supportive highly been the - level officials would neverbe possible - facto contributed to reconciliation because there was no process of reconciliationprocess of toreconciliation no factowas contributedtothere because CY hr wud e o osiu effo conscious no be would there ICTY role in dealing with “the worst parts of their histories” which may play a vital a play may which histories” their of parts worst “the with dealing in role (Ibid, 563) 15

. (Hodzić 2013)

t o rmt coeain mn once among cooperation promote to rt mewhat logical for this ethnic group to group ethnic this for logical mewhat .

- ekn ad holding and seeking and s

CEU eTD Collection esta sove their surrender to A development and codification of international criminal law” progressivethe immediatelytothemselves “lend to failedand purposeserved havetheir seemto Tokyo ra is question impelled never globe the Salvador,genocideEl IndonesiaCamboinBloodshedand in againstthe Serbian leaders claimsEagleburger’s to attestand evidence provide to failed States United the backing,political its with to adds greatly which (OTP)Tribunal the providedindependence.HavingICTY’s the of scepticism Prosecutor the of Office the particular in Tribunal, the into immensely operational an Americanswanted the hand, other the activism.On judicial exercisesimply but tribunalinternational ICTYafter the Shortly excuse to as goals Francefrom potential any political criticism and curry favor withFrench the public their for legalism strategic used French the Also, Karadzic. Radovan and establ even was ICTY the before on, early very thisat juncturewas that the Americans succeeded in naming theircandidates for potential war criminals It negotiation. a reach to efforts stifle to abused words other in or used, was law The succeeded. they Serbian the of leadership. TheAmericans soughtfor theVance hisaccusationprematuretocredence add to in strategy order first the used StateSecretaryAmerican of legality in disguised realpolitik of product the was legalismwhich employedstrategic British andFrench Americans, The created. was Tribunal the once so more even and ambiguities with marred was Council Security the of policy the beginning very the From 2.2.2 dding to many decades of infeasibili of decades many to dding blishment of such a cour a such blishmentof Critique of the T

theSecurity Council to establish an or ta wud ev a a ea wao t pru ter neet. hs te invested they Thus, interests. their pursue to weapon legal a as serve would that court ised of why it took so long for establishing an establishingfor long so took it why of ised prompted the establishment of an international court. It was the was It court. international an of establishment the prompted

opened its door fordoor operation, t its opened ribunal and Undeclared P egt. T reignty. (Ibid, 536) t . The ad hoc tribunals were more a cause of political contrition rather thanrather politicalcontrition of cause a more tribunalswere hoc ad The . ee a n itrainl rmnl oe ht ol acran the ascertain would that code criminal international no was here ty of an international court were court international an of ty .

ad hoctribunal stopsuffering. the to ished. All were Serbs; Slobodan Milosevic, Ratko Mladic Ratko Milosevic, Slobodan Serbs; were All ished. urposes 16

o nos ter gna. arne Eagleburger, Lawrence agendas. their endorse to

he French had no intention of creatingintentionanno effective had Frenchof he

diaand

international criminal body criminal international (Zacklin, 2004: 541). - Owen peaceplan torejected, be inwhich

many ot with financial and human aid alongaid human financialand with

the fierce refusals of many states many of refusalsfierce the (Hazan 2004, 535) her horrific atrocitiesherhorrific around

Thus,very aimportant

Bosnian conflict Bosnian . Nuremberg and Nuremberg . .

that

CEU eTD Collection Srebren The tensions.nationalist alive keeping and masses the controlling of mechanism a as used successfully was ICTY the Yugoslavia, former the in elites political to regards In the Balkans rec new acquiring by power its expand to sought and grounds new gained NATO of business The inactivity. of years fifty almost after purpose its legitimizing by legacy the reawaken to able were powers NATO The purposes. other served it as continue to war t for ‘antiwar allowed which mechanism a as its utilized was ICTY the that for believes strongly Hayden profiteering’, Tribunal the Condemning reconciliation. of vows the behind role true its masks only a is ICTY the Hayden(2011)that Thus,argues them. Tribunalstarted Once the encountering problemsquicklyrefuteitpromisestrying itsbytoback went on to needed UNaccen the War, Cold the of impasse political long the to due that contends (2007) Sengupta 10) “the in pawn a remains but reconciliation regional of facilitator andpersonsaccordingnations.not toand judgments misdeeds, provide and impartial stay to failed ICTY the addition, In instrument. political a as labeled been has it 9) 2000, (Fatić thus andmessages” of “filter reconciliation a as acted to have should respondent environment forme an the of fostering countries the between was cooperation roles presumed ICTY’s of One indicating f without reconciliation of component vital most the considered truth the Establishing in instrumental Afri South In approach. justice via peace a for opted ICTY the conflicts, violent of wounds the heal to order in applied was amnesty where world the of parts other in Unlike respondto quickly a deliberate policy to uphold international justice. Assumptionthat is the international community failed .

tuate its legitimacy which was under scrutiny during the Yugoslav and Rwanda conflicts andduringYugoslav scrutiny underthe legitimacy whichwas its tuate rt nocn jsie hr cud e o ec. T peace. no be could there justice enforcing irst

that criminal tribunalsassisted have inbuilding and peace stability (2011: 324) . However, because the court failed to create an atmosphere of trust and understanding and trust of atmosphere an create to failed court the because However, . restoring peace restoring to the wars and inorderto ease their conscience,t

and eventual peaceful co peaceful eventual and .

. It was believed that believed was It . - existence between once warring nations or groups or nations warring once between existence

Ygsai. codn t Fatić to According Yugoslavia. r 17 icmetn te rlfrto o rsnfl feelings resentful of proliferation the circumventing political tool for those who finance the Tribunalandfinance the thosewho for tool political

criminal ruits and further undermine Russia’s influence in influence Russia’s undermine further and ruits . On the other the On ee is here

trials would trials As such, the ICTY could not be seen as aas beseen not could ICTYsuch, the As Realpolitik however he court was created

hand, the ICTY was adamant that adamant was ICTY the hand, ca and Latin America, TRCs America, Latin and ca ica “genocide” in particular asparticular in “genocide” ica

be damaging be (Clark 2 of the great powers” great the of ite miia e empirical little

20) te tribunal the (2000), 011, 19) to to (Ibid, 542). . the society. the (2007:60).

vidence

(Ibid, were

was he

CEU eTD Collection 395) post on impact and role social r Yugoslav former on Tribunal the of impact an is and economic social theto researchregards Thereconductedin wasalmostliteratureno as the ingap obvious reconciliation. about bring cannot Yugoslavia former the in climate economic and social peo the serve better much could Tribunal the into put resources years twenty after and slow 316) more done has ICTY reconciliat of the process the that to damage posits (2011) Hayden However, region. the in peace of maintenance and restoration aiding of purpose its serve will ICTY the that world the reassured Council Security The recon victimhood of claim their manipulate nation. co Fatić prosecutions. more endured thus and atrocities most the committed side one that arguing been has Tribunal The region (Ibid) post the for important extremely is which development economic the stalls co fully not do that those on sanctions impose and play dictate to sanctions political a economic over elude to seems that one question, important an raises also He 403). (Ibid, unemployed” and disabled sick, the youth, just seeking of tactics Tribunal’s the opposes strongly (2006) Hayden defenders eachof of persecutionperpetrates or grievance a “legitimates that tool strategic a as used is out points Hayden mmitted allsides.on T . .

ciliation In contrast to the Nuremburg Tribunal which lasted less than five years, the ICTY is excruciatingly is ICTY the years, five than less lasted which Tribunal Nuremburg the to contrast In 20) ocr ta i i a aiy atclry n ii wr o ae s qal a mn crimes many as equally as have to war civil in particularly rarity a is it that concurs (2000) This inevitably minimizes the gravity of crimes of of crimes of gravity the minimizes inevitably This .

(2000:84). a popular public debate, where debate, public popular a nd political development of war of development political nd

have debilitated nations,debilitatedhave besieged nation” (Ibid, 325). fe ciiie fr t lc o iprilt bt h avcts r pritn in persistent are advocates the but impartiality of lack its for criticized often

his createsan environme

t keeps it - a cmuiis s sue ad aey studied rarely and assumed is communities war ion Ti cud oetal etc inter entice potentially could This .

pa with the ICTY trials only enticing only trials ICTY the with nu wr eois ey uh lv. alive. much very memories war inful as was seen in the former Yugoslavia. The power of the ICTY the of power Yugoslavia.formerThe the inseen was as epublics. Out of many problems plaguing the tribunal, its tribunal, the plaguing problems many of Out epublics.

the pursuit of justice at any cost should take precedent take should cost any at justice of pursuit the - ntof sti torn regions. It is a common fact that economic and economic that fact common a is It regions. torn 18

gmatization due to attributing only guilt oneto those perceived less guilty enabling them to them enabling guilty less perceived those ple it claims to r to claims it ple operate is very damaging. This only This damaging. very is operate ice over “the needs of the elderly, the of needs “the over ice mutual recrimination mutual - - ru tnin a tensions group a reh war epresent. The epresent. R M Hye 2006, Hayden M. (R. T e overwhelming he abilitation of the of abilitation However, stagnant d halt nd (2011, CEU eTD Collection helping create to shared belie the problematizes further This events. past about debate constructive and open more a for calling Croatia on focus a with im ICTY’s on L Tribunal. the towards attitudes negative r A “one no is there 3) and restoration; transitional justice and peace to contributing is it fact in produce to 1) reasons: three evidence for is important r that is approach justice this transitional that argues for Clark need TRC. for the advocating posits She gap’. impact ‘an words hand, other the On ealistic expectations of whatthe ICTY can achieve; be 2) to ableto assess the work of the Tribunal and if ltvl s elatively pact on the ground the on pact mall

ubr f CY trials ICTY of number (2011, 244

rcs o rcniito wee h IT rifre ntoa nraie ised of instead narratives national reinforces ICTY the where reconciliation of process Clark (2011) highlights a di a highlights(2011) Clark - fs by writing a common history. 245) (Clark 2012, 399) 2012, (Clark .

imited trials have isolated the region from necessary researchnecessary from region the isolated have trials imited odce i rlto t Croatia to relation in conducted fferent gap in regards to truth and reconciliation, in other in reconciliation,and truth to regards in gap fferent . Therefore, there is very limited transitional literature transitional limited very is there Therefore, . 19

rms ae epd create helped have crimes - size - fits - l” oe of model all” - ae thus based

CEU eTD Collection trojka 3 responsible for failing to stop Ovč at Mrkšić Regardless, forces and notJNA paramilitary and (TO) Defence Territorial by committed been had massacre the evidence to according gra mass the from exhumed were investigation bodies the During executed. were war of prisoners 200 least at that established ICTY the ruling final the In Vukovar. of outskirts the on farm a to brought and units JNA by allegedly hospital the later what indictment, initial the in stated As she when claim this denied later testified intheHague against Bosanac wounded. the among hospital the in hiding combatants fro information received have Major Hospital. Vukovar the evacuate safely to JNA and government Croatian between agreement an was there forces Croatian of capitulation and JNA to Vukovar of fall the After and Radi Conventions. Geneva the of breaches charged were crime the with chargeddefendants three the after Three’ ‘Vukovar the as known became case The forces. Serb by ICT the of focus biggest The 2.3.1 2.3

Transcript of Sl

RELEVANT ICTY TRIALS - Šljivanč svedok Vukovar Three r ad hs ald o rvn cie ta sbeunl happened. subsequently that crimes prevent to failed thus and ara - – Veseli

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the Majoritytheto chooses had

those incapable to flee murdered. The aftermath The murdered. flee to incapable those

dissented.

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this military offensive military this iminal enterprise (JCE), while Č while (JCE), enterprise iminal h jdmn cnius o cause to continues judgment The nitially attacks write off as insufficient is,insufficientinasoffwrite charged with crimes againstcrimescharged with ” Apa Judgement, (Appeal

almost all Krajina all almost

Poeuo v. (Prosecutor ermak

were CEU eTD Collection 4 anti genocidal their and movement Ustasha the to birth gave which dogma chauvinistic his on build later was Croats and Serbs the Austro to back reach that sides different many from imposed 20 the of events violent the of consequence Ković Miloš Historian intoleranceand ethnic hatred butare powerless to confrontthem. such denounces public Croatian of part some that note to important is It Croatia. in hate of mosaic big smal a just are children school Serb of beatings players, football by chants fascist politicians, by speeches hate script, Cyrillic against demonstrations massive The problems. Croatian all of source th and pure ethnically completely almost is 1990s. anti the of wars the before fact well encouraged been has Serbs intowards hatred the that alluding is identity Croatian of characteristics recognizable most the of one that people newspaper Serbian popular a to According cansuggested be that inten years there be will zero tolerancefor Serbs in Croatia. the on been animosityhas that then argued be can It neighbour. a as Serb a have 22% and Serb a marry would surveyed those of 13% w problem that revealing a results with present, more was tolerance the survey, 1999 have a to comparison In neighbour. would 87% almost while positively answered 5.4% only andagesthe 14 between and marry would Serb, produced of a 27 disturbing results. Whenaskedifthey of time a in study research a Recently, conflict. the witnessed never had that youth Croatian the among ever than higher is intolerance the Croatia, in conflict the since gone and come have decades two Although 3.1 Inter CHAPTER3:

19 th -

century Croatian politician regarded as the father Croatian of nationalism. Serb ideology. - ethnic Relations and

THE ANALYSIS

crisis

(2013)

ad n n neve for interview an in said

encouraged by the monarchy itself. As itself. monarchy the by encouraged a cnutd n arb Te ot sre icue 150 on people young 1,500 included survey youth The Zagreb. in conducted was

Croatia’s Commitment to Reconciliation rise, rather than subsiding since the violence of the 1990s. At this rate, itrate, At this 1990s. the violenceof the subsidingratherthansince rise,

Novosti, th pplr oin s ht eb cniu t rpeet the represent to continue Serbs that is notion popular e

century but rather a much older and larger phenomenon larger and older much a rather but century

Novosti 22

there is an ever an is there

ht h anti the that

- Hungarian times when the feud between feud the when times Hungarian such, it was easy for Ante Starčević Ante for easy was it such,

- - Se growing sentiment among sentiment growing

b etmn i Cota s o a not is Croatia in sentiment rb t hvn a eb s a as Serb a having ith

l piece of a of piece l - serbism,

Serbian Croatia

Youth 4

to CEU eTD Collection 5 was memory Serb that obvious is It constituent(Interview 2013). began”problems real the nation, a as Constitution the of out taken were Serbs “when albeit town Serb majority a in lived i the during explained Kukolj Mr. from the past(Novosti 2013). thingsmany forgive forget and Croatians towardwillingto and tolerant andopen moremuch are posits, Croatian smokescreen, the a that only is EU opines the of values the Jovanović on based being Vladislavreconciliation toward efforts continued Affairs, of proclamation Foreign of Minister SFRJ Former accession. tickin in move strategic a but nothing are Croatia in speech hate against implemented measures recent the animosity that Serbs of among perception propagation a is publicThere Serbs. against widespread the stop to done been anything has recently until Not Serbian and ski spa centerssimply are unimaginable. are Serbian businessmen for Serbian where reality scenario reverse The privatizingCr A country. opposite. the the quite is across Croatia welcomed in businessmen campaigns marketing their with Serbia mar in reflected also are animosities Historical a to unamenable generations future rendered reconciliation process. past the of beliefs distorted such that said be can it allowing homagenot Yugoslavia paid never has Tito second the on which imposed been had reconciliation false Therefore, reign. to year forty almost his throughout Jasenovac in memorial permanent a with commemorated ‘brotherho of name the in all taboo, political became crimes their about talking and perpetrators the pursue not did regime Tito’s as past the of wounds the heal the like just Storm Operation the for apologies public no been of have There history groups. two long the between a animosity of understanding and Serbs against crimes past the of acknowledgment national a In limited Croatia, reconciliation effortsfocused the on

Extermination camps in Croatia the during NDH regime. y were no apologies after World War II for the horrors of Jasenovac and Jadovno. and Jasenovac of horrors the for II War World after apologies no were y oatian companies and where marketing posters adorn Croatian cities inviting Croats to visitcompaniesCroatsinviting Croatiancities marketingwhere oatian adornand posters

suggesting that Croatia only wanted to ingratiate itself with EU members. The Serbs, he Serbs, The members. EU with itself ingratiate to wanted only Croatia that suggesting

psychological change necessary for true reconciliation to take place. As a result,a As place. take toreconciliation true fornecessary change psychological

nterview that he never experienced discrimination in Knin because he because Knin in discrimination experienced never he that nterview

ket economy. Croatian companies operate successfully in successfully operatecompanies Croatian economy. ket 23

violence theof 1990s cannotwork unless thereis g off all the prerequisites for Croatia’s EU Croatia’s for prerequisites the all off g od and unity’. The victims were, however, were, victims The unity’. and od on repeat duringrepeat on 5

Time did not not did Time CEU eTD Collection Serb returneesto have a quality life (Interview2013). buy fromto him becauseheis aSerb. Thisis what the intervieweecalled a“silentboycott” prevents that Croat returned to farmer, pig a uncle, his Only there”. live can Catholicism to convert that those “only that added and history” their “learn to children his want didn’t wh asked When war crimes casesand heightened discrimination againstethnic minorities, particularlySerbs and Roma ofprosecution unsuccessful and crimes unresolvedconcerns; of list the to added only but results better on so and administration, state in Serbs of representation under incidents, motivated ethnically violent properties, Serb of rebuilding and services in discrimination fur highlighted and employment, to rights rights, reportsamereturnees. The Serb the ofrights human protect overall toelectricity) and(e.g., distribution tenancy as such life of necessities the outlines report Watch Rights Human 2006 The Serbs. displaced does this,it not of help governmentOn top theCroatian that promote hasfailed and to aidreturn the of anywherebut in theregions whereultranationalists reside(Novosti, 2013). to unable is opposition the because concerns multinational tackle to has Croatia crisis, social and economic an of midst the in that disappointment his expressed He chauvinism. of outbreak public unnoticed. Croatian Prime ZoranMinister Mi passed region Istra the in language Italian and Croatian in signs introducing law same the while speech, hate with demonstrationsunderlined spread wide caused script Cyrilic and Latin both in signs introduce plan The population. the of 30% than more for accounts minority a where towns in signs bilingual mandates which law constitutional Croatian the and Vukovar in script Cyrillic of use the with agenda gay ban to referendum a holding After did” they what do never would it (Interview, 2013). and malicious not is it but dirtiest community the worst, the Serb be may “Serbia remaining of the celebration annual paradoxically Croatia’s mind where not O did Knin he that in claimed Kukolj place victims. Serb taking commemorates some with toe in for Storm, Operation Croatian crimes are justified and celebrated making it difficult for the where Serbs to forgiveand forget. today to continues It Croatia. 1990s in elites political among hatred ethnic rising the peration Storm, but insisted that “they cannot make Serbs celebrate their doom”. He concluded that concluded He doom”. their celebrate Serbs make cannot “they that insisted but Storm, peration ther government imposed obstacles to reintegration of Serbs, slow progress in the repair the in progress slow Serbs, of reintegration to obstaclesimposed government ther y he had not returned to his family home in Knin, the interviewee replied by saying he saying by replied interviewee the Knin, in home family his to returned not had he y

example ,

has become Croatia’s national holiday and every August celebrations arecelebrations August every and holiday national Croatia’s become has

Hmn ihs ac 2006). Watch Rights (Human arae te Srin rbe’ n rai ws ak n the on back was Croatia in problem’ ‘Serbian the marriage, lanovićaccused HDZ beingopposition of responsible for the 24

ia but struggles to survive as Croats refuse Croats as survive to strugglesbut ia h 21 HW eot i nt yield not did report HRW 2010 The government’s failure to provide the provide to failure government’s

compete

. to

CEU eTD Collection 6 never been a Croatian goal. has reconciliation of outcome the that argued be can it Thus, possible. not is reconciliation of process in act society the of members polici government the proclaimed when the events to opposition public the in seen best reco is This for changed. not needed have group rival the environmentof that and group secure own their about Croats a of majority of beliefs of societal Furthermore, establishment the prevented motivated ethnically has of violence continuation Also, returning. from many discourages government Croatian l administration.The state are missing inCroatia. Serbs continue inCroatia faceto economic difficultiesand underrepresentation in reconciliationfor needed changes structural psychologicaland many that indicatesaforementioned The directing criticism and imposing sanctions it on tofrom restrained far much so has leadership done EU the while not incidents, of types has these of governmentoccurrence the prevent The Serbs. against policy fascist its and regime NDH endorsing of picture a painted “Spremni”, unison in back chanted who fans of thousands of tens of front dom” “Za chanting player soccer team national Croatian a involving incident recent the particular, andrespected. be Instead, hate speech has been Croatia to spread would values EU the that expect would one EU, to accession recent the With fascism. RINF) Pravda; Guardian; repo newspaper a various and addition, In it facilitation. for with help need to commitment a social be and to political has there happen to reconciliation For society. apathetic an of reflection provideinabilityCroatia’stoessential elemen

Za dom –

for the homeland, Spremni

ae lue ta te rain oit hs en xeinig rtr to return a experiencing been has society Croatian the that alluded have ack of respect and consideration for life and welfare of displaced Serbs by the by Serbsdisplaced of welfareand life forconsideration and respect of ack

–

ready!

Ustashe salute ts necessaryreconciliationtsfor the aasbeseen can process that is often s youngest member. on theon rise with the fascistchants gaining popularity. In s Wtot cag i pyhlgcl eetie the repertoire psychological in change a Without es. 25

compared to Nazi salute Sieg heil!

nciliation. a society a rts ( rts The 6

in CEU eTD Collection andimportant most was ground the on impact the that stressed She structure. political the on focusing approach up bottom not a using has research her ICTY conducted the Clark that argues She Croatia. eastern contributed to reconciliation inVukovar. in fieldwork her into insight comprehensive inter in role its and ICTY of impact the about research scale large of evidence limited is There population. its on left ICTY impact the on and Bosniapredominately onbeen scholarshas many byresearch subsequent the Consequently, Croatian the duringcommitted crimes to shifted focus the when fadedfocus their while Bosnia in committed crimes on mostly pointed been have reflectors The Herzegovina. and Bosnia in conflict truth The heavily relied on the Tribunal withassisting to build transitional justice. groups rights human justice, of pillar main the being ICTY of perception strong to Due record. historical paving as such expectations keep” or make either to “equipped not simply was court The expectations. high setting prematurely of danger the in calculating actually the on solely reflects failure Tribun any whereas responsibility enormous carries role a Such punishment. and fa justice distributing jury, and judge sole to the as itself prompted but upjustice transitional of framework itself set ICTY the (2013), Subotić to According inimpact the its proceedings had the on ground created anenvironment of distrust. disinterest Tribunal’s of perception The Yugoslavia. former across disenchantment of trail a left appeal freque its and mandate Tribunal’s the of narrowness The 406). 2012, (Clark Croatia in conflict the case this in situation, specific a tackle to than rather justice’ was for demand normative international ICTY the of establishment The 3.2 Perceptions of the ICTY

al which had a very technical mandate. At its very onset, the ICTY promised too much without much too promised ICTY the onset, very its At mandate. technical very a had which al - ekn ad vdne g evidence and seeking - tnc reconc ethnic

teig f h IT hs en rdmnnl cnetae o the on concentrated predominantly been has ICTY the of athering lain n rai. lr (02, n h ohr ad gvs s a us gives hand, other the on (2012), Clark Croatia. in iliation

setal a ‘foreign a essentially 26

l Frt te CY i nt eue larger a secure not did ICTY the First, il. , interviewing ordinary people instead of of instead people ordinary interviewing , - moe dcso ta apae an appeased that decision imposed

a way to reconciliation and creating a creating and reconciliation to way a

nt blasé nt conflict. CEU eTD Collection political. andhistorical,cultural, forces: different of combination the on depends reconciliation for demand Society’s them. of one being Croatia reconciliation, pursue a local by pursued be top a exist must there conflict the during acquired emotions and beliefs old its shed to society for believe many However, reconciliation. bottomThe they because unpunished go victors the prevailed in battle. by committed atrocities the where impunity promoting they as Croats disputed where inCroatia the Tribunal hasas failing beenseen prosecutethe to winners,in the thiscase widely been also has responsible those Punishing established. was Tribunal the after happened crimes c a be to proven been has this crimes war deterhelping ICTY as far As the perception of justice beingis done directly associated with its contribution to reconciliation. Perc reconciliation. and justice between correlation negative or positive a of premise the on graded be can reconciliation on ICTY of impact The one. figurative a not and phenomenon tangible a of more is justice conflict, in of point legal a from done than rather seen be to it require that people ordinary to especially subjective also have is justice again, Then may truth. and justice of offspring that an essentially societies in reconciliation of impact understand different actual completely the measuring when problem the of roottheperceiving at was subjectiveof reconciliation A verynature not others. but some to pertained it firstproblemThe thatClark faced definingwas reconciliation within the context This approach gives insight a into more realisticsituation onground. the opinion majority of reflection best the are people Ordinary Tribunal. the about feelings true of representative

as their views are constructed in accordance to social norms and political structures in place. in structures political and norms social to accordance in constructed are views their as generations to come.” (Peskin 2006, 228) for crimes of denial fuels that document historical distorted and impoverished an bequeath investigatingwar blockedfrom is thatTribunal “A

- up approach has beenpromotedgrassroots as initiatives are said t

claimed final victory. This, according to Peskin (2006) could set a wrong precedent of precedent wrong a set could (2006) Peskin to according This, victory. final claimed

eptions are instrumental in the determination of the Tribunal’s impact and as such as and impact Tribunal’s the of determination the in instrumental are eptions tr. ay onre cos a iiait prah r ipy hoe o to not choose simply or approach minimalist a choose countries Many ctors. n o i. rniinl utc ltrtr sget ta rcniito is reconciliation that suggests literature justice Transitional it. of ing - down method that will create conditions needed for reconciliation to reconciliation for neededconditions create will thatmethod down 27

crimes on all sides of an armed conflict mayconflictarmed an of sides all on crimes

Prioritiz omplete fallacy where the biggest the where fallacy omplete

view. To those people involved people those To view. ing reconciliation has to follow to hasreconciliation ing o o contribute successfulto of adoptedof narratives as

CEU eTD Collection celebrated a of conviction subsequent and indictment the with 2011 in peaked injustice of sense acute the to justice and peace bring and guilty the punish to little did ICTY the thatcritique their adamantin wereThey lenient. extremelyweresentences insistingthe Three, Vukovar the towards feelings antagonistic more and deeper much had hand, other the on Vukovar, in Croats The (Interview, 2013). responsible held be should crimes the committed that units army in were who those but adds, he “it” t nothing hadGotovina him. to concern of be should that nothing was it that disclosing verdict Gotovina the by unfazed completely was He whose. know not did he that but others of interests the t ICTY,feelingstowardshis the to regardsIn never that something as Tribunal the dismissed intended to give voiceto common folks (Clark 2012, 406). or trials, the follow to time have not did they that no almost or little very express about asked When proceedings. ICTY the today in interest Serbs Vukovar label, “perpetrator” crime the to used Being conditions becomesparticularly hard. frustrationfeelings enticing a of turn in heightened is victimhood of sense conditions such Under economically. group a ostracize eventually ps could which a approach search job imbalanced an creates becomes it as issue an thus becomes This affair. burdensome search job The conflict. the over guilt of constantly accusations are with they barraged because harder much is situation their that maintain Serbs the strife, economic to continue Serbs the betrayal, judicial of feelings these with Along ICTY. the of distrust their reflects justice denied of sense Serbian perpetrators. their after going omitted therefore and victims Serb disregarded completely has Tribunal They justice. of robbed feeling Vukovar in Serbs left have thereof lack or verdicts ICTY The ethnical doctrine surroundingevents the that took placeprior, during and after theconflict. justi of perception the Vukovar, In 3.2.1 is this victory military claim that completely absent (Bloomfield and Huyse 2003, societies25). in but new the to old from metamorphosis negotiated a

Hague. This was probablya was This Hague. Reconciliation via justice

result of their endemic disdain for how the ICTY handled the trials of the of trials handledthe ICTY the how endemic their disdainfor of result face daily ethnic discrimination. Although everyone is exposed to the to exposed is everyone Although discrimination. ethnic daily face ce as administered by the ICTY followed a moral scheme built on an on built scheme moral a followed ICTY the by administered as ce nd anger toward the other group.theseotherHarvestingin reconciliationtoward the anger nd

he interviewee Kukolj said that it was a private court serving courtprivate a intervieweewasit he that saidKukolj 28

their opinion of the ICTY work, they either claimed either they work, ICTY the of opinion their

victims and their families. This families. their and victims

ychologically

feel that the that feel o do with do o CEU eTD Collection office outreach an having Despite information. to access and communication better enabling resources could more much budget, comfortable Tribunal’s the Considering issue. this towards went that effort small sizably a was there operation in years twenty after Unfortunately, work. its understand better people help to ICTY the with also is responsibility The the tomedia provideinterpretation which inadequatewas best at (Clark 2012, 409). Croatian Furthermore, leaving and resources.ICTY the about public technical the educating evaded having necessary gap this widened have the authorities disposal its at has household every not loca the in online available is trials ICTY to pertainingeverything almost though even gap information the to contributed be can justice of lack The ignored. ca the of conflict in injustice of sense the Therefore, procedures. sentencing and verdict the Vukovar of understanding the people’s in case the was as available, interpretation legal of lack the particular, In operates. it way the and Tribunal the about knowledge limited their to attributed ove The never could it as Vukovar in events the over understandsituation the and thereforeshould notbe allowed to placejudgment. preside could borders Croatia’s outside operates were fighters Croatian Former as conceived byCroatian the people. Thus, the ICTY became unjust,impartial and politically motivated. state Croatian the where enterprise criminal responsible for murder,destruction property,of and Serbs were expulsiona of directattacktruth the on joint a of part as generals Croatian the of convictions initial The narrative. the of versions other any eliminated facto de it population the an as packaged outlet media every through constantly drilled was encore defensive The nature. defensive purely of one War, Homeland Croatia’s of narrative war common the promoting in role big a played media and politicians Croatian the ICTY was longer no appeal, on acquitted were Markač and Gotovina later year a When Gotovina. Ante hero, war Croatian

- ridden societiesmaybeill

wemn sne f CY nutc aog h Cota pplto o te rud a be can ground the on population Croatian the among injustice ICTY of sense rwhelming se. Problems arise when these facts are unavailable albeit in some cases insufficient or rather or insufficient cases some in albeit unavailable are facts these when arise Problems se. seenanti as outraged by the by outraged - informed attachneed iftheto guiltsubstantiated is not with facts the - undisputed truth. Being engraved in the very cognitive apparatus of apparatus cognitive very the in engraved Being truth. undisputed Croat.

l languages. Legal language can be difficult to understand andunderstand to difficult be can language Legal languages. l

Gotovina et. al. et. Gotovina 29

ae en netd no urah rgas and programs outreach into invested been have

verdicts and claimed that no court that court no that claimed and verdicts

he til a ptnil o skew to potential had trial Three

tef a held was itself it to it

CEU eTD Collection fo blame to was separatism Croatian that and Yugoslavia from secede to wanting not for attacked were they feel Serbs the hand, other the On victimhood. proclaim to continued thus and aggression, ins Croats Vukovar, In truths. shared criterion. balanced a establish to environmentisextremelyitprototypean competingused developtruthsIn of a can tobe difficult which ethnic to ascribed and multilayered is Croatia in ‘truth’ interpretations words, (Clark 2012, 412 other In naive. is body criminal international an of product a is truth this when especially and to subscribe will everyone which to truth reconciliation.Assuminaid help relyingto is on ICTY the thathistoricalrecordthis is It disputed.be cannot proceedings future on importance historical their and trials criminal from produced Croati of case the little in a is and truth premature establishing by reconciliation to contribute trials criminal that notion The truth. that acceptancetheir ofproduct of a is producedtrialsthrough criminalas truththe concept people’sof that that one variable, independent critical a is there reconciliation of aspect truth the to regards In 3. regional governments’disinterest inadopting them (26 iss had RECOM that recommendations great Despite backing. institutional and will political of lack to due well fare not did RECOM as such initiatives Local a non Therefore,reconciliation cannotbeachieved through formal education butit lines. political and ethnic along divided is Croatia in education but campaign, education vigorous more negativ challenge to order In sign off thisproposalon (Ibid, 410). to yet is Education of Ministry Croatian The Tribunal. the about seminars informative holding Croatia office outreach ICTY The Croatia. in initative such no was there BiH, across conducted initiative Gap’ the ‘Bridging the Unlike fightingplace. took inmost need that are it of communities those especiallyCroatia, across many for journey long a still is it Zagreb capital Croatia’s in

2.2

Reconciliation via Truth - formal system through youth organizations and NGOs(IDEA 2003, 29).

in Zagreb has however proposed initiatives to get involved with high schools across schools high involvedwith get to initiatives proposed however has Zagreb in –

close to theclose andto east south the bordersof country astheis where that most e attitudes and create a positive image of the Tribunal there needs to be a be to needs there Tribunal the of image positive a create and attitudes e

In the whirlwind of ‘us’ versus ‘them’ there is little or no room for room no or little is there ‘them’ versus ‘us’ of whirlwind the In

s o cam ta te ol dfne tesle fo Serbian from themselves defended only they that claims on ist my e bt afthd Te bnac o lgl documents legal of abundance The farfetched. bit a be may a 30

e, hi efrs ean siainl u to due aspirational remain efforts their ued, Workshop, 2013).

has be to approached from g there is only one is only there g posits r the r

CEU eTD Collection excesses” (Ibid). “individual to attributed were side their by committed crimes the while executed methodically and top group. t detach to efforts in ethnicity own their of being albeit “idiots” by committed incidents isolated as them dismissed groups both committed were crimes where cases in Thus, own. unwilli or unable are many often Very narrative. ethnic their to exclusive notions preconceived on simply or information limited acknowledgecrimes committedthose by theirof ethnic group. instances, In many their facts are built on still ‘other’ the from defense their on persist Croats, and Serbs groups, both While 2003, 30). Huyse and (Bloomfield society for best be might forgetting and remembering of mixture a that suggest achieving in instrumental vic be commemorating by can reconciliation memory Nevertheless, goals. malicious their further to wish who selectivity.method of Naturally, memoryselective is manipulatedbut be itcan also and abusedthose by c are truths these that but truths opposing reconciling of one only not is issue The haveato level playing field (Clark 2012, 414). ‘et The truth. memory’directly sabotages allpotentialreconciliation formakes of it impossible asittruthas much efforts reconciliation a be to needs first there possible, process reconciliation any make to truth on rely to order In trek. impossible an reconciliation to road the makes only which truth competing the from Judging 64). 2003, (IDEA groups rival between competition’ ‘victim aggressive already an to adds ofpoliticians by manipulation numbers addition, In crimes. their justify to attempt thus and victimhood claim perpetrators self to attributed be can others of suffering the to insensitivity and denial Crime nationalist,known Franjo Tudjman, who was well known for hisideas of an ethnically pure Croatia. wi HDZ’s following in set previously had fear The regime. NDH the under suffering their of memories painful and fear evoked which conflict the toprior intimidation severe testimonies of gave SerbsThe war. civil a as referredto Serbs which conflict

In contracts, the crimes committed by the other group’s “idiots” were seen as ordered from the from ordered as seen were “idiots” group’s other the by committed crimes the contracts, In

ng to open up to other truths based on facts and figures that contradict theircontradict that figures and facts on based truths other to up open to ng tims through permanent monuments. Others, on the other hand other the on Others, monuments. permanent through tims n in the 1991 election. The right The election. 1991 the in n s it is evident that there is a large ethnic divide in Vukovar in divide ethnic large a is there that evident is it s

- wing party had at his head a head his at had party wing hem from their ethnic their from hem -

victimiza onceived through a through onceived neither is willing to willing is neither nzto of hnization in where tion

CEU eTD Collection changeto the publicmemory of the violence” (26 verdict ICTY any that impossibility cognitive “a reaffirmed rea opposite polar The dissenting conflict. Yugoslav already the between about narratives rift public the widened and chaos created generals Croatian of acquittals The of Croatia relieve further only will membership EU inter The Storm. Operation after and during Serbs againstprosecuting crimes to fullywar commititself not will systemCroatian court the that fear is there an transferred yet not has ICTY the case, al. et Gotovina the to pertaining documentation ICTY all requested Office Attorney’s State Croatian the though Even place. allow not society, of fabric social very the into seeped has victimhood of narrative national The alternatives. the address to will place in mechanism no absolutely is there reconciliation and crumble but all war defensive a the of narratives truth, of record historical a creating bytruth.thatICTY’s ThereforethenotionaligntheUnfortunately, not truths.didwith Croats of majority Gotovina of trial The 3.2.3 2012, 415). to likely more tha crimesinsistand those trivialize are they evidence, indisputable with presented when Even Serbs. against committed crimes acknowledge to all at co if willing their less are make Croats contrast, can In easier. somewhat they majority Croatian so crimes Serb acknowledge to willing more thus guilt practical more other are collective and discrimination to susceptible more are Serbs Vukovar there minority. a remain Croatia in Serbs But, 2004). al. more et with Serbs Unlike (Biro, correlation explanations. positive crimes a these be recognize should there to therefore willingness wars, Yugoslav the in crimes the of litertransitionalin beenmade Arguments haveCroats. the than truth the accepting to prone more are Vukovar in Serbs words, other In side. own their by committed f Clark’s national political pressureto aid the process reconciliationof (26

Controversial

indings show a greater reception by the Serb population in Vukovar to acknowledge the crimes the acknowledge to Vukovar in population Serb the by reception greater a show indings n ncsay hne f eif, mtos n oiin esnil o rcniito t take to reconciliation for essential opinions and emotions beliefs, of change necessary ing

verdicts

exposed another significant obstacle on the path to reconciliation, that of rejected of thatreconciliation, to path the on obstacle significant another exposed

in Bosnia who have returned to their pre their to returned have who Bosnia in

t they cannot be compared to those committed thosecomparedCroats to againstbecannot they t th

32 Workshop 2013, 20).

y documents. In addition to ICTY’s inefficiency ICTY’s to addition In documents. y –

a conviction or an acquittal an or conviction a

ature that Serb side committedmajoritysideSerb that ature usqety olw s eetd The rejected. is follow subsequently th

- tos nSri n Cota only Croatia and Serbia in ctions Workshop 2013). a mjrt Sr communities, Serb majority war

- ex sec wt the with istence –

would be able be would

(Clark CEU eTD Collection continues to spread and boost a received Nationalism courts. domestic as well as ICTY in proceedings ongoing all to doubt reco to end an as region the in interpreted Subotić reaffirmed their claims beingof victims Serb of aggression and legitim long The offensive. legal a be to confirmed was independence of war infamous Their whole. a as country the but generals spectators where government the free in by indulged organized parade welcome hero’s a was It Zagreb. in square main thousandsthe in of gatheredtens by enjoyedwas euphoria opposite polar of reaction a Croatia, In The body. unjust and illegitimate acquittals haveresurrected demons the theof past biased, a as ICTY the about unison in was opinion Public verdicts. Country

- wide protests were held in Serbia with Belgrade at the forefront for its outrage concerning the concerning outrage its for forefront the at Belgrade with Serbia in held were protests wide 21) insists (2013)

od n dik. rain sw h IT vrit a a idcto nt ny f their of only not vindication a as verdicts ICTY the saw Croatians drinks. and food throughoutthe region - wie dem f eoig cuty a rcie a received had country a becoming of dream awaited

ht h cnrvril CY edcs f acquittals of verdicts ICTY controversial the that .

nciliation. The Tribunal lost all credibility by throwing more throwing by credibility all lost Tribunal The nciliation. 33 which stand inthe

ized Operation Storm. way reconciliation.of ,

ae en unanimously been have ea sap oe that one stamp, legal

CEU eTD Collection The Croatia. trials and leave many discouraged in seeking and receiving in justice inCroatia’s local courts. Serbs against crimes other any or controver Storm Operation in committed crimes the for T fronts. all on historicafailed has ICTY the guilt, individualizing a leaving by reconciliation aiding of terms In outreach creating in slow programsnow that seem to be was only anattemptto salvageits broken reputation. Tribunal The information. of flow the restrict to tend courts criminal anti this to added immensely also has gap information The completely. court the component necessary a r to claims it victims the isolated re to led having ground the cases on impact its some lessened significantly has in court the of but location The Storm). justice Operation of sense greater a produced not have trials rival e tocredencegiving heightenedtensionsreconciliation ethnicby it haltedwhereas inCroatia,process neithergiving by justice nor victims.via voice the to havecontrary,said Ontheitis to time and costly too being besides ICTY, The inter reconciliation. of process the trial criminal that made be cannot assumption the reconciliation, Though those who puttheir faith in aninternat or deliver not could they promise a made had who those than fault at is Who expectations. such fulfill on overreliance the mandate. ICTY’s the of part official an not and term loose very a became war in facilitate to promised it reconciliation very the on impact its theme reconciliation ICTY. the by presented deal package a of part a always was reconciliationcrimes, war future deterring and justicedelivering to Next CONCLUSION - ethnic relations between Serbs and Croatsand Croatia’s disinterest to commit toprocess. the ‘ Vukovar sial ruling surrounding ruling sial

Three’ ad hoc hoc ad . When it came time for evaluatio for time came it When . of healing of

n ‘prto Storm’ ‘Operation and tribunals to bring about bring to tribunals This is because there are other obstructive factors that factors obstructive other are there because is This S ece o IT ofcas n cuty leaders country and officials ICTY of peeches epresent. Without being a part of the judicial process that they claim is claim they that process judicial the of part a being Withoutepresent. Gotovina et al. et Gotovina , the victims felt robbed of justice and in some instances disregardedinstances some in and justice of robbed felt victims the , ional courtin whosename it was e - osmn i hs o cnrbtd o h reconciliation the to contributed not has it consuming case is bound to undermine the outcomes of ongoing of outcomes the undermine to bound is case 34

ras ae o cnrbtd o n considerable any to contributed not have trials reconciliation is reconciliation

o this day, th day, this o n and critical analysis of the Tribunal’s work and work Tribunal’s the of analysis critical and n rcr, raig cce f muiy and impunity, of cycle a breaking record, l s

could never have a positive effect positive a have never could - e Tribunal has not convicted anyone convicted not has Tribunal e torn regions of former Yugoslavia, itYugoslavia, former of regions torn

naïve as it was never equipped to equipped never was it as naïve nacted infirst the place.

Therefore, i Therefore,

ey fe icue a included often very - CY etmn as sentiment ICTY - are evident in evident are t can be sa be can t itmzto (i.e. victimization thnic truths. Thetruths. thnic

id that id

the

on CEU eTD Collection theof problemfundamentalthe be might this Possibly, Serbs.remaining concerningthe reconcilingwith those ent the of 4% constitute door. its at knocking problems other are there and state, member EU new society Croatian in primacy take not does and after sought to forward look to hope little reco that fact the in lie leaving may Problems future. immediate any in reconciliation therefore Serbs, of suffering the acknowledge to openness C resistant to change. animosities historical isThere little probability thatthis could happen r be to have Croats and Serbs between histories opposing so, do to order In reconciliation. th with popular changing for society greater a narratives mobilizing for necessary support enough yielded not have Althoughare some there bottom reconciliation in order to fill all Nevertheless, them. guide better can that model a provide to history on rely not could Croats and Serbs that meant change. to resistant more them Croats and Serbs between feud historical long The Serb populati ‘thousand Croatia’s legalizing by war the of end official the marked this Croatians many To war. homeland the of narrative Furthermore, the acquittal ultimately legitimized Croatia’s military o nieig h present the onsidering Croatian state. ps i peetn society preventing is past e ht prevent that on, Croatiaon, became anEU memberstate Julyon 1, 2013. since the 1990s 1990s the since -

year

between the two groups are groups two the between

- epe rm chang from people ire Croatian population, there are other problems of greater magnitude than magnitude greater of problems other are there population, Croatian ire old dream’ of independence. Unscathed by charges of ethnically cleansing its cleansing ethnically of charges by Unscathed independence. of dream’ old iuto i Cota tee s ite vdne f ihr edns t frie or forgive to readiness either of evidence little is there Croatia, in situation

the Croatian the EU accession - lo te bec o rcniito iiitvs olwn Wrd War World following initiatives reconciliation of absence the Also, up approaches

psyc

government seems to have taken have to seems government n ter scooia rpror. rai’ fiue o deal to failure Croatia’s repertoire. psychological their ing prerequisites ooial rehabilitate hologically

in any nearfuture

to reconciliation

35 embed contributed to today’s hostile attitudes thus making thus attitudes hostile today’s to contributed

. ded into ded

. Croatia .

at the grassrootsat levels because confrontational attitudesand their very psyche and thus extremelythus and psyche very their peration and reinforcednational the is a very ethnically pure ethnically very a is

and become Bearing in mind in Bearing nciliation is not is nciliation

a minimalist approach to approach minimalist a oe eetv to receptive more , however,they

something that country, a country, econciled

Serbs

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