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Regional Co-Operation and Reconciliation in the Aftermath of the ICTY Verdicts: Continuation Or Stalemate?

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Regional Co-Operation and Reconciliation in the Aftermath of the ICTY Verdicts: Continuation Or Stalemate? Study Group Information Ernst M. Felberbauer Predrag Jurekovi ć (Eds.) Regional Co-operation and Reconciliation in the Aftermath of the ICTY Verdicts: Continuation or Stalemate? 26 th Workshop of the PfP Consortium Study Group “Regional Stability in South East Europe” Vienna, August 2013 Imprint: Copyright, Production, Publisher: Republic of Austria / Federal Ministry of Defence and Sports Rossauer Lände 1 1090 Vienna, Austria Edited by: National Defence Academy Command Stiftgasse 2a 1070 Vienna, Austria in co-operation with: PfP Consortium of Defence Academies and Security Studies Institutes Garmisch-Partenkirchen, Germany Study Group Information Copyright: © Republic of Austria / Federal Ministry of Defence and Sports All rights reserved September 2013 ISBN 978-3-902944-20-7 Printing: HDruckZ Stiftgasse 2a 1070 Vienna, Austria 2 Table of Contents Foreword Ernst M. Felberbauer and Predrag Jurekovi ć 9 Opening Remarks Erich Csitkovits 13 PART I THE FRAGILITY OF JUSTICE AND RECONCILIATION: REPERCUSSIONS OF THE ICTY VERDICTS 17 Perspectives for Transitional Justice and Reconciliation Jelena Suboti ć 19 Perspectives for Normalization in Croatia and other Post-Yugoslav Countries in the Aftermath of ICTY Verdicts Vesna Teršeli č 37 A Troubled Relationship: The ICTY and Post-Conflict Reconciliation Nena Tromp 47 PART II CONCRETE IMPACTS OF THE RECONCILIATION ISSUE ON REGIONAL COOPERATION AND THE “EUROPEANIZATION” AGENDA 67 The Complex Relationship between Transitional Justice and Regional Peacebuilding: The ICTY’s Challenge for Reconciliation and Conflict Transformation in the Post-Yugoslav Balkans Dennis J.D. Sandole 69 RECOM – A Regional Initiative for Supporting Reconciliation Nenad Gol čevski 97 Regional Co-operation towards EU Integration Ivis Noçka 105 3 PART III RECONCILIATION, COOPERATION AND EUROPEAN INTEGRATION IN THE CONTEXT OF THE KOSOVO AND SOUTH SERBIA ISSUE 109 KFOR: Contributing to Security and Accommodating Change Leonid Graf von Keyserlingk 111 The 2013 Agreement between Kosovo and Serbia: A Success Story or a Missed Opportunity? Krenar Gashi 123 PART IV RECONCILIATION, COOPERATION AND EUROPEAN INTEGRATION: DEVELOPMENTS IN BOSNIA AND HERZEGOVINA, MACEDONIA, MONTENEGRO AND ALBANIA 135 Reconciliation, Cooperation and European Integration: Developments in Bosnia and Herzegovina Johannes Viereck 137 Is the Republic of Macedonia ‘Waiting for Godot’? Dennis Blease 147 Reconciliation, Cooperation and European Integration: Current Developments in Macedonia Aleksandar Spasov 173 Reconciliation, Cooperation and European Integration: Developments in the Western Balkans and in Particular in Montenegro Daliborka Uljarevi ć 183 Albania: Political and Economic Challenges in the Context of European Integration and Regional Co-operation Andi Balla 197 Final Farewell Remarks Johann Pucher 209 4 PART V POLICY RECOMMENDATIONS 215 Policy Recommendations Predrag Jurekovi ć 217 List of Authors and Editors 225 5 This volume of the Study Group Information Series is dedicated to Major-General Johann Pucher Security Policy Director of the Austrian Ministry of Defence 2008 – 2013 7 Foreword Ernst M. Felberbauer and Predrag Jurekovi ć The 26 th workshop of the Study Group Regional Stability in South East Europe (RSSEE) was convened from 02 to 04 May 2013 at Château Rothschild, Reichenau/Austria. Under the overarching title of “ Regional Co-operation and Reconciliation in the Aftermath of the ICTY Verdicts: Continuation or Stalemate? ”, 46 experts from the South East European region, the International Community and major stakeholder nations met under the umbrella of the PfP Consortium of Defence Academies and Security Studies Institutes and the Austrian Ministry of Defence and Sports, represented through its National Defence Academy and the Di- rectorate General for Security Policy. Transitional Justice (TJ) according to the definition of the International Center for Transitional Justice “refers to the set of judicial and non- judicial measures that have been implemented by different countries in order to redress the legacies of massive human rights abuses. These measures include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms.” Most of the fac- tors which are involved in peace-building processes regard TJ as an im- portant condition for reconciling former war/conflict parties and for starting a new chapter in the mutual relations. In the context of the proc- esses of conflict transformation in South East Europe, the International Criminal Tribunal for the former Yugoslavia (ICTY) has intended to play a relevant role in bringing justice and compensation to the victims of the previous wars. This aim has been challenged by the numerous critics of the ICTY, in particular in Serbia. They have accused the tribunal for its sentences which would have been influenced rather by political than legal factors. Further, the criminal tribunal in The Hague has been blamed to practice “selective justice”. Contrary opinions stress the fact that the re- establishment of regional co-operation would be much more difficult if 9 the ones who were most responsible for war crimes on the political and military side wouldn’t be called to account. In particular in Bosnia and Herzegovina the detention of war criminals has enabled the return of expellees. Many victims and families of victims – but not all of them – achieved moral compensation for sustained torture through the verdicts of the ICTY. Finally, the regional prosecution of war criminals for the advocacies of the ICTY has been a direct consequence of the existence of the UN tribunal. Several verdicts of the ICTY which were decided in late 2012 and early 2013, in particular in the cases of Gotovina/Marka č, Haradinaj and Periši ć, led to new controversies in the region about the past wars, the issue of justice and the conditions for regional reconciliation. Although there have not been tremendous repercussions of the recent ICTY ver- dicts on regional stabilisation so far, the question arose whether sus- tained regional cooperation is possible without overcoming the legacy of the past wars. It is obvious that from the angle of “ordinary citizens” in South East Europe the issue of implementing EU conditions and gener- ally their attitude towards EU and NATO integration policies is strongly influenced by and linked to the progress in regional relations and recon- ciliation. Both – Euro-Atlantic integration processes as well as regional relations – still go through turbulent and sometimes regressive phases in South East Europe. In order to enhance regional cooperation and to deal in a constructive manner with the still unfinished processes of state- and institution- building in Bosnia-Herzegovina and Kosovo, the unstable security situa- tion in the northern part of Kosovo and the fragile interethnic relations in Southern Serbia and Macedonia a positive attitude in the region towards peace-building and stabilisation is necessary. Otherwise nationalistic setbacks could put into question some of the positive steps the region has already achieved. The following key questions constituted the framework of discussion and debate during the workshop and thus also structure the contributions from the four panels in the following pages: 10 • In which extent do the ICTY’s controversially perceived verdicts impact regional cooperation and bilateral relations? • It is obvious that the ICTY decisions are not perceived as bring- ing justice to all SEE nations affected by war crimes. Which re- gional measures could then contribute to that goal? • In which extent are the EU and NATO integration and stabilisa- tion policies affected by the setbacks in the process of reconcilia- tion? Is there a growing gap in the region in regard to the credi- bility of these “Europeanization” policies due to the ICTY ver- dicts? • Which measures could stop negative trends in regard to recon- ciliation? What is the role of politicians and the civil society? • Could the lack of trust in “European values” become a problem as far as EU and NATO integration is concerned? • Beyond the problems connected to ICTY and reconciliation, what are the latest developments regarding the regional chal- lenges in state-building, negotiations and integration processes? Part I and II of this book deal with the repercussions of the ICTY ver- dicts on the reconciliation processes and the implementation of the con- cept of TJ. Further, the concrete impacts of the reconciliation issue on regional cooperation and the “Europeanization” agenda are analyzed. In part III and IV outstanding experts focus on the recent political devel- opments in different South East European countries and areas in the con- text of regional peace-building. Their recommendations are summarized at the end of the publication. The editors would like to express their thanks to all authors who contrib- uted papers to this volume of the Study Group Information. They are pleased to present the valued readers the analyses and recommendations from the Reichenau meeting and would appreciate if this Study Group 11 Information could contribute to generate positive ideas for supporting the still challenging processes of peace-building in South East Europe. Special thanks go to Ms Edona Wirth, who supported this publication as Facilitating Editor and to Mr. Benedikt Hensellek for his stout support to the Study Group. Ernst M. Felberbauer Predrag Jurekovi ć 12 Opening Remarks Erich Csitkovits Your Excellencies, Ladies and Gentlemen, Dear friends
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