Title

Bringing Justice to Southeastern Europe

Thursday, May 15, 2003
3:30pm
2261 Rayburn House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Mrs. Carla del Ponte
Title: 
Chief Prosecutor
Body: 
International Criminal Tribunal for the former Yugoslavia (ICTY)

Representative Chris Smith of New Jersey spoke on behalf of the Commission on the Yugoslav conflicts and its tumultuous impact on the development of post-Cold War Europe, as it exposed flaws in the United Nations and the European Union, whilst simultaneously inspiring the OSCE and NATO to act. The briefing addressed the establishment of the International Criminal Tribunal for the former Yugoslavia and the understanding that justice must be part of a post-conflict recovery.

The speaker – Honorable Carla del Ponte, Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia since 1999 – was responsible for ensuring that those individuals responsible for war crimes, crimes against humanity and genocide in contemporary Southeast Europe were held accountable. She spoke of the limitations and successes of the Tribunal, referring to two decades of experience as a prosecutor.

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    Budapest, Hungary, was the first stop of the Helsinki Commission delegation led by Commission CoChairman Senator Dennis DeConcini to Hungary, Greece, Macedonia, and Croatia. While in Hungary, the delegation planned to discuss a variety of domestic, bilateral, and regional issues with President Arpad Goncz, Prime Minister Jozsef Antall, and other high-level Hungarian officials. Chief among them were questions regarding the ongoing crisis in the former Yugoslavia; the delegation hoped to gain perspective on the regional ramifications of the crisis, and to learn more about Hungary's needs, concerns, and recommendations. Also critical was discussion of the specter of anti-Semitism and intolerance in Hungary, as manifested by the outspoken Vice President of the ruling Hungarian Democratic Forum Istvan Csurka; the delegation wished to express its strong condemnation of Csurka's divisive and exclusivist version of nationalism. Hungary's relations with the soon-to-be-independent Slovakia were also on the agenda, as well as the ongoing controversy over the Gabcikovo-Nagymoros Dam. The Commission delegation travelled to Macedonia to meet with government leaders and private citizens, including representatives of ethnic communities, with the goal of discussing questions related to Macedonia's recognition by the international community, and to observe the economic, political and social impact of the denial of that recognition to date. The delegation also wanted to examine the possibilities for violence and conflict in Macedonia due to the ongoing conflict in nearby Bosnia-Herzegovina and repression in neighboring Kosovo, and to hear Macedonian insights on this conflict and repression. Related to all the above, and central to the Commission delegation's concerns, was the degree of democratic development in Macedonia, especially in regard to respect for human rights and fundamental freedoms. The delegation travelled to Macedonia via Thessaloniki, Greece. Taking advantage of this transit, a further objective of the delegation was to hear the views of Greek officials on issues related to Macedonia, and the violent disintegration of Yugoslavia in general. Finally, the Commission delegation wished to visit refugees from the conflict in Bosnia-Herzegovina to gain information on the circumstances leading to their presence in Macedonia, as well as to observe the quality of their treatment as refugees in that country. The Commission delegation's main interest in travelling to Croatia was to examine the situation for Bosnian refugees residing there as winter approached and to hear their reports of what was happening in BosniaHerzegovina. More generally, the delegation wanted to obtain a more detailed picture of the situation in the region as a whole as the fighting raged on. This included developments within Croatia itself, such as the situation regarding displaced persons and in the United Nations Protected Areas, as well as Croatia's role in the Bosnian conflict. Finally, the delegation had an interest in seeing the newly created U.S. Mobile Army Surgical Hospital (MASH) unit at Pleso Airport outside Zagreb.    

  • Parliamentary and Presidential Elections in an Independent Croatia

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The context in which these elections took place was also complicated by the conflict in Croatia that began in earnest in July 1991 as militants among the alienated ethnic-Serb population of Croatia, with the encouragement of the Serbian leadership in Belgrade and the help of the Yugoslav military, demonstrated violently their opposition to the republic's independence. After severe human casualties, population displacement and destruction, the conflict generally ended in January 1992 with a U.N. negotiated ceasefire that included the deployment of U.N. protection forces on much of Croatia's territory A new constitution and growing stability argued for holding new elections. Despite opposition complaints that August was not an appropriate time for elections, President Tudjman scheduled them with the likely calculation that his party stood its best chances in a quick election before growing economic hardship and pressure for genuine democratization replaced the joys of independence and renewed peace. During the campaign period, 29 political parties fielded candidates. They faced no major difficulties in organizing rallies and distributing their literature to the public. At the same time, the Croatian media was only moderately free, with television and radio broadcasts much less so than newspapers and journals. Only toward the end of the campaign did the media seem to open up fully The stated objective in organizing the elections was to be fair and impartial to all contending parties. At the same time, the electoral procedures were not as fully satisfactory as they easily could have been, raising suspicions of an intent to manipulate the results. However, opposition political parties considered the process sufficiently fair for them to compete. They also had the opportunity to have observers present at polling stations and election commissions on election day. According to a constitutional law on the matter, Croatia's national minorities enjoy certain rights regarding their representation in governmental bodies. Ethnic Serbs, the only large minority with some 12 percent of the population, were guaranteed a greater number of seats in the new Sabor than all other minorities combined, but, unlike the smaller minorities, no elections were held in which ethnic Serbs alone could chose their representatives. This was viewed as discriminatory treatment of the Serbian minority, despite apparently small Serbian participation in the elections. Balloting on election day was orderly, despite the enormous complications caused by the conflict and questions of citizenship and voter eligibility in a newly independent country. There were few complaints in regard to the way in which the voting and counting were carried out, although several isolated problems were reported and the security of ballots cast by voters abroad was a constant concern. Despite these faults, holding elections might well have been a watershed for Croatia. Problems in that country's democratic development were given closer scrutiny, and public concerns can now shift from the recent past to future prospects. The winners could view their easy win as a mandate for continuing current policies, largely viewed as nationalistic and insufficiently democratic. However, the far right's poor performance could lessen pressure on the HDZ to show its nationalist colors and permit greater democratic development. The behavior of HDZ leaders to date favors the status quo in the short run, but domestic and international pressure could both encourage more significant democratic reform than has been seen thus far.

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  • The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy Implications

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