Karadzic’s broken Bosnia remains

In the old days we would trot along to see Radovan Karadzic often. He would see us at the drop of a hat.

He was affable, jocular, hugely confident that what he was doing was right.

From time to time he would roll out his maps. There were lines separating the Serb Republic (Republika Srpska) in Bosnia from the rest.

There was a line through the heart of Sarajevo – these quarters for the Muslims, those for the Serbs.

The term “ethnic cleansing” was not invented by the foreign journalists he courted so warmly. It was how his own followers described what they were doing.

Radovan Karadzic would freely outline his plans to journalists

Republika Srpska is the land that Radovan built. Ethnic cleansing was the means by which he achieved it.Go back there today and you see, starkly, that while the ideologues and architects of the policy are, for the most part, behind bars, the foot soldiers of ethnic cleaning are still at large.

They are still, in many cases, at their desks in the town halls and police stations across Bosnia.

Mirsad Tokaca runs Bosnia’s Research and Documentation Center.

It collates evidence of crimes committed during the 45-month war.

He believes there are between 3,000 and 5,000 war criminals who should face prosecution.

The Hague tribunal has restricted itself to a few dozen “big fish” and has said it will issue no more indictments.

Bosnia’s own state-wide war crimes court came into existence three years ago and has so far brought prosecutions against about a hundred people.

The local courts are supposed to prosecute local war criminals. They do not.

Where it started

Bijeljina, in north-eastern Bosnia, is where it all started.

Ten times they took me outside and told me they were going to kill me – it was a terrible experience Jusuf Trbic Bosnian Muslim survivor

On 31 March 1992, a paramilitary unit led by the feared Zeljko Raznatovic – known as Arkan – crossed the river from Serbia and unleashed a reign of terror.

Civilians were shot dead in the street. Prominent Muslims were rounded up, and some of them murdered.

The Muslim (Bosniak) population – tens of thousands of people – was driven out.

Eighteen years on, only a small proportion of those who were expelled have gone back, despite the legal right to do so.

Saalem Corbo is one of the returnees. He remembers how Arkan’s men rampaged through the town. And, he says, they had local help.

Mirko Blagojevic, a Bijeljina Serb and head of the Serbian Radical Party in the town, formed and led his own paramilitary unit, according to evidence presented to the Hague tribunal.

“He knew where the prominent Muslims in the town lived,” says Mr Corbo.

“He led Arkan’s troops to their houses so that they could be rounded up. Few of them survived.”

Survivor

Jusuf Trbic is one who did survive.

“Mirko Blagojevic came to my father-in-law’s house at 1600 on 1 April,” he told me.

“He was with Arkan’s men. They took me to Arkan’s headquarters and told me I had to make an announcement on local radio instructing all the Muslims to surrender their weapons.

“But I didn’t know anything about weapons. They held me all night and beat me.

“Ten times they took me outside and told me they were going to kill me. It was a terrible experience.”

We live with the former war criminals, we see them every day in the streets Branko Todorovic Helsinki Committee for Human Rights

Mirko Blagojevic is not a convicted war criminal. No case has ever been brought against him, far less proven.

He is not hard to find. He has enjoyed a long career as an elected politician in the years since the war ended.

He emphatically denied co-operating with Arkan’s men. He denied all the allegations made by Mr Corbo and Mr Trbic.

Branko Todorovic runs the Helsinki Committee for Human Rights in Bijeljina.

He said only two war crimes trials had been brought by local prosecutors since the war ended – and both of these were against Muslims who had co-operated with Serb guards in a concentration camp.

Arkan salutes troops in Bijeljina, where he unleashed terror in 1992

The Bijeljina courts, by the way, have jurisdiction over the Srebrenica area, where 8,000 Muslim men and boys were murdered in a few days in July 1995.

“We live with the former war criminals, we see them every day in the streets,” says Mr Todorovic.

Why does it matter?

The ethnic partition of Bosnia endures. The Dayton agreement of 1995 ended the war. But it divided Bosnia into two, ethnically defined entities – Republika Srpska and the Muslim-Croat Federation.

The leaders of Republika Srpska long ago abandoned their original dream of union with Serbia.

They have accepted some of the symbols of Bosnian statehood – a common currency, a shared passport, a flag.

Mr Karadzic’s hearings at The Hague have been broadcast on TV

The one truly successful example of reintegration is – ironically – in the army, where former Muslim, Serb and Croat enemies now serve alongside each other.Beyond that, there is little that is truly Bosnian.

The entities, not the Bosnian state, have real executive power.

The Bosnian state barely functions. It is incapable of carrying out the reforms that Bosnia desperately needs.

And so as Croatia and Serbia continue their respective journeys to the European mainstream – to EU and possibly Nato membership – Bosnia, still broken, still paralysed, is being left behind, and is in danger of sinking further into corruption, poverty and organised crime.

Look at Republika Srpska today and it is hard to avoid the conclusion that Radovan Karadzic got much of what he set out to get.

Karadzic faces fresh indictment

Mr Karadzic has said the court is biased against him

UN war crimes prosecutors at The Hague are due to file a revised indictment against Bosnian Serb ex-leader Radovan Karadzic by Monday.

The announcement was made during a hearing which ended without setting a date for Mr Karadzic’s trial. A new hearing could be held within a month.

Mr Karadzic faces 11 counts relating to the Bosnian civil war in the 1990s.

A not-guilty plea to all charges was entered on his behalf after he refused to enter any plea himself.

Mr Karadzic was arrested in the Serbian capital, Belgrade, in July after 13 years on the run and living under a false name.

The charges against Mr Karadzic include what is regarded as Europe’s worst massacre since World War II – the killing of up to 8,000 men and youths in the enclave of Srebrenica.

Addressing the tribunal, prosecutor Alan Tieger said the revised indictment would be filed by Monday, without giving details.

‘Intimidation’

At the hearing on Thursday, Judge Iain Bonomy said a new pre-trial “status conference” – or hearing to set a trial date – would be held within a month.

THE EXISTING INDICTMENT Eleven counts of genocide, war crimes, crimes against humanity and other atrocities Charged over shelling Sarajevo during the city’s siege, in which some 12,000 civilians died Allegedly organized the massacre of up to 8,000 Bosniak men and youths in Srebrenica Targeted Bosniak and Croat political leaders, intellectuals and professionals Unlawfully deported and transferred civilians because of national or religious identity Destroyed homes, businesses and sacred sites

Mr Karadzic confirmed that he planned to conduct his own defense, which he said he was doing on behalf of Serbs who had suffered in the former Yugoslavia, and for the leaders of small states who could also find themselves in court in future.

He also said again that he doubted he could get a fair trial, and complained of intimidation by court officials.

He asked for permission to put together a legal team to help him, saying at least one of them should be present in court at all times.

“I’m not prepared to be passive and to have other people decide on matters that concern me,” he said.

‘Nato court’

Mr Karadzic also repeated his argument that the trial was illegal because, he said, the terms of a deal made with former US peace envoy Richard Holbrooke had offered him immunity from prosecution.

The remains of those killed at Srebrenica continue to be found

The claims have been ridiculed by Mr Holbrooke.

At the 29 August hearing, Judge Bonomy entered the plea of not guilty in accordance with tribunal rules.

The current indictment includes genocide, crimes against humanity and war crimes.

The alleged crimes include Mr Karadzic’s involvement in an attempt to destroy in whole or in part the Bosnian Muslim (Bosniak) and Bosnian Croat ethnic groups.

That included the killings at Srebrenica and the shelling of Sarajevo, killing and terrorizing the city’s civilians.

The indictment says Mr Karadzic knew about the crimes that were being committed by Bosnian Serb forces, but failed to take action to prevent them.

Iran raps Israel ‘kidnap threat’

Mr Eitan suggested Mahmoud Ahmadinejad could be brought to trial

Iran has protested to the UN after an Israeli minister suggested his country could kidnap Iran’s president over threats he has made against Israel.

Iran’s UN ambassador called the remark “outrageous and vicious” and called on the UN Security Council to take action.

Israeli minister Rafi Eitan suggested President Mahmoud Ahmadinejad could be kidnapped and brought to trial.

Mr Eitan, an ex-intelligence chief, was involved in the kidnap of leading Nazi Adolf Eichmann in Argentina in 1960.

In an interview with the German magazine Der Spiegel, Mr Eitan suggested that such an operation could be staged to bring Mr Ahmadinejad before the International Criminal Court in The Hague.

The Iranian leader has made a number of threats against Israel, repeatedly predicting the state will soon disappear.

Mr Ahmadinejad also drew international rebuke by quoting the view of the late Iranian spiritual leader, Ayatollah Khomenei, that Israel was a tumour that needed to be erased from history.

‘Resolute response’

In a letter to UN Secretary General Ban Ki-Moon, the ambassador Mohammad Khazee said Mr Eitan’s remarks reflected Israel’s “aggressive and terrorist nature”, Iran’s Irna news agency reported.

“These dangerous threats of resorting to criminal acts against the officials of a sovereign country, or threatening to use force against a member of the United Nations not only constitute manifest violations of international law and contravene the most fundamental principles of the Charter of the United Nations, but are against the basic values of the civilised world,” he said.

Mr Khazee said such remarks demanded “a resolute and clear response” by the UN and its security council.

Iran, he said, had never threatened any other nation but “would not hesitate to act in self-defence to respond to any attack against its territory or its people”.

Israel has expressed increasing concern about what it considers to be a threat from Iran’s nuclear programme and recently suggested it might resort to military force to stop it.

Iran has insisted its nuclear ambitions are solely peaceful.

Sarkozy leads EU trio to Moscow

President Sarkozy (L) brokered a ceasefire between Russia and Georgia

French President Nicolas Sarkozy is due to arrive in Moscow for talks with the Russian President Dmitry Medvedev about the crisis in Georgia.

He is joined by the EU foreign policy chief, Javier Solana, and the European Commission head, Jose Manuel Barroso.

Mr Sarkozy is expected to press Russia to fully implement a peace plan he brokered to end the fighting.

Meanwhile, Georgia has gone to the UN’s highest court over what it claims are Russian human rights abuses.

Judges at the International Court of Justice in the Hague are being asked to impose emergency measures to halt what Georgia says is a campaign of ethnic cleansing by Russia in the breakaway regions of South Ossetia and Abkhazia.

Russian forces remain in South Ossetia and large parts of Georgian territory after it responded heavily to Georgian attempts last month to recapture the separatist region.

Difficult goals

After talks in Moscow, the three senior European figures are due to go on to the Georgian capital, Tblisi, to meet President Mikhail Saakashvili.

Russia says it is honoring the terms of a six-point plan agreed to end the conflict.

However, European nations do not agree.

PEACE PLAN No more use of force Stop all military actions for good Free access to humanitarian aid Georgian troops return to their places of permanent deployment Russian troops to return to pre-conflict positions but Russian peacekeepers may take unspecified “additional security measures” International talks about security in South Ossetia and Abkhazia

President Sarkozy wants Russian troops to pull back from their current positions in Georgia – well beyond the boundaries of South Ossetia and Abkhazia.

The European trio is also expected to press the Russians on arrangements for a strengthened international effort to monitor developments on the ground.

Some European leaders have already warned that there can be “no business as usual” with Russia until the peace plan is fully implemented, and the European Union has suspended talks on a new partnership agreement with Moscow.

However, with winter approaching, individual European countries continue to consume Russian oil and gas as usual.

Russia’s recognition of Abkhazia and South Ossetia as independent states, and its continuing failure to implement the agreement to the letter, will have profound consequences for Russian relations with the EU.

It will also make it difficult for President Sarkozy to achieve his goals in Moscow, he says.

Serb opposition leader resigns

Tomislav Nikolic went too far for party hardliners

The head of the main opposition party in Serbia has resigned after senior colleagues refused to back the country’s efforts to join the EU.

Tomislav Nikolic had recently persuaded his Serbian Radical Party to approve the ratification of an important agreement with the European Union.

But there was a party revolt over the issue, with critics saying it meant abandoning Serbia’s claim to Kosovo.

Kosovo unilaterally declared itself independent from Serbia this year.

Mr Nikolic had steered his party towards the centre of Serbian politics, focusing on social issues such as unemployment and poverty, rather than the militant nationalism of the past.

Mr Nikolic is officially the deputy president of the party as its leader, Vojislav Seselj is facing charges at the international war crimes tribunal in The Hague.

His endorsement of the Stability and Association Agreement, signed earlier this year but still awaiting ratification by the Serbian Parliament, was a bridge too far for many of his party colleagues, our correspondent says.

A meeting of the party leadership on Friday night reversed the decision to endorse the agreement with Brussels.

Mr Nikolic resigned in protest, both from his position as de facto leader of the party, and as the head of its group in parliament.

The parliamentary vote on the agreement with the European Union is expected next week.

Uncovering truth about Georgia conflict

Courtesy BBC NEWS

By Stephanie Holmes BBC News

As accusations of indiscriminate violence, murder and genocide are hurled between Russia and Georgia over the South Ossetia conflict, human rights investigators are painstakingly trying to establish the facts on the ground.

Residential buildings were hit during the conflict

Researchers suggest both sides may have violated the codes of war – using violence that was either disproportionate or indiscriminate, or both – claims that the International Criminal Court is currently investigating.

Russian prosecutors have announced they are opening criminal cases into the deaths of 133 civilians who they say were killed by Georgian forces.

Initially, however, Russia suggested more than 1,500 people had died in the conflict.

Last week, Georgia filed a lawsuit against Russia at the International Court of Justice, based at The Hague, alleging the country had attempted to ethnically cleanse Georgians from the breakaway regions.

Uncovering the facts – even of very recent history – becomes a battle in itself when people are displaced and desperate.

“Gathering comprehensive data about the dead from civilians is a time-consuming task,” Rachel Denber, Human Rights Watch’s deputy director for Europe and Central Asia, told BBC News.

“We have to cross-check data and check that people are not misidentified or miscounted.”

Shifting status

Neighbors who take up arms during a conflict, for example, shift status, becoming combatants rather than civilians, which can confuse calculations of civilian death tolls.

Russian forces have been accused of using cluster bombs

“We have to make sure there is no double-counting – if a body is moved, we have to be careful not to count it twice – maybe it is counted once in the village itself and then it could be counted again in the city morgue,” Ms Denber said.

“To get really accurate figures you would really have to go to every single village.”

The International Committee of the Red Cross (ICRC) – which has just gained access to South Ossetia – says it hopes to uncover the truth by remaining neutral and only revealing what its told – by survivors, eyewitnesses and relatives – to relevant authorities.

“The work of the ICRC is totally confidential,” spokeswoman Jessica Barry explained from the Georgian capital, Tblisi.

“We do take allegations of arrests, of people missing or reported dead. We can also offer our services to the authorities for the transfer of mortal remains.

“All the work we do is gathering confidential information which we share with the authorities with the aim of finding out the location of loved ones for the civilian population.”

War of words

The ferocity of the conflict on the ground was echoed in the way both Russian and Georgian officials conducted a media war, making ever graver accusations against each other, competing for television airtime and giving spiralling civilian death tolls.

The war has been played out both in the media and on the ground

All of which muddies the waters when trying to establish if human rights and international laws have been violated.

“There has been a lot of controversy about the Russian figures,” says HRW’s Rachel Denber.

“When that figure came out – of 1,500 dead – it wasn’t very helpful, it didn’t provide any sourcing or methodology, there were no details about how the figure was calculated. We certainly can’t confirm it.”

“The problem here is that when Russia puts out a figure like that it does two things – it distracts attention from where there are violations and from the real scale of what is happening.”

The organization puts the civilian death toll in the dozens, rather than the hundreds.

Responsibility to protect

As well as multiple rocket launchers mounted on four-wheel drives, known as Grads, campaigners say cluster munitions – which can contain hundreds of smaller bomblets – were used during the conflict. Both these weapons are intrinsically indiscriminate, they say.

Disproportionate attacks are prohibited […] if there is likely to be civilian damage excessive in relation to the expected military gain, you don’t fire Rachel Denber, Human Rights Watch

“If you have a military objective then the Grad rocket is not a targeted weapon, civilians are going to get hit and that is exactly what happened, and happened on a significant scale. The proximity was such that it was indiscriminate,” Ms Denber said.

She cited a reported case in which Russian forces dropped bombs on a convoy of passenger cars fleeing Georgia’s Gori district, and another in which Georgian soldiers pursued armed South Ossetian militias using tanks, driving and firing through a residential neighborhood.

“The rule is that disproportionate attacks are prohibited. In other words, if you have your eye on a military target, and there is likely to be civilian damage excessive in relation to the expected military gain, you don’t fire,” Ms Denber said.

Although the fighting has now stopped, violations continue, she says, with Russian forces failing to protect civilians in areas of Georgia and South Ossetia that they control – a key part of the international law governing behavior during war.

“We have numerous stories of Ossetian forces roving around ethnic Georgian villages – running around, looting homes, torching them,” she said.

“We are looking into other accounts of violence, of people being robbed at gunpoint. These are areas that Russian forces have control over – it is their responsibility to protect them.”