Marking 20 Years Since the Signing of the Dayton Peace Accords

Marking 20 Years Since the Signing of the Dayton Peace Accords

Chairman Chris Smith
United States
House of Representatives
114th Congress
First Session
Congressional Record, Vol. 161
No. 171
Thursday, November 19, 2015

Mr. SMITH of New Jersey. Mr. Speaker, November 21 will mark the 20th anniversary of the Dayton Agreement, which ended the conflict in Bosnia-Herzegovina from 1992 to 1995. 

As a member and later Chairman of the Helsinki Commission, I remember those events vividly—many Bosnians and Serbs testified before the Helsinki Commission in the 1990s (including victims of human rights abuses and human rights defenders) and some have since played leading roles as elected officials. In 1991, Frank Wolf and I visited Vukovar in neighboring Croatia while it was still under siege. With a group of other Helsinki Commissioners and Members of Congress, I urged a decisive international response under U.S. leadership from the very beginning of the war. In 1995 we spearheaded a movement to lift the arms embargo on Bosnia, so that it would not present such an inviting target to Serb militias. Sadly the embargo was lifted too late for the Bosniaks in Srebrenica. 

Just last month I met with a group of young Bosniaks belonging to Voices of the Bosnian Genocide. It was so moving to meet with these young people—many of them were from Srebrenica—and to learn how many of them had taken up work or study that sought to bring some good out of the horrors of 1995. Many studied human rights law, or conflict resolution, or medicine. 

Their lives were shaped not only by Srebrenica but also by Dayton, which brought an end to the killing. Yet as public officials we have a responsibility to remember that robust action earlier in the conflict could have saved many more lives and produced better prospects for the future. 

Twenty years later, this Dayton anniversary offers the opportunity to assess what has been achieved in Bosnia-Herzegovina. The agreement should rightly be remembered for restoring a peace that has held to this day, and for ensuring the sovereignty, unity and territorial integrity of Bosnia-Herzegovina. Dayton gave the country time to begin to heal from a horrific conflict infamous for ethnic cleansing and atrocities against innocent civilians, including the genocide at Srebrenica— which we remembered with the unanimous passage of House Resolution 310 this past July—as well as the shelling of Sarajevo and other urban centers, and the rape and death camps established by Serb militant forces at the beginning of their aggression. In this small country, over two million were displaced by the conflict, more than 100,000 were killed, and tens of thousands were raped or tortured. Scars made by crimes of this scale still remain. 

Dayton was a central part of an effort that helped the international community transition from a world divided between East and West in order to meeting post-Cold War challenges, including the extreme and violent nationalism and its inherent hatred for others which manifested itself elsewhere in the Balkans and Europe. For the first time since World War II, an international tribunal was established to hold persons accountable for war crimes, crimes against humanity and genocide. Determining the fate of missing persons, using new technology such as satellite photography to locate mass graves and DNA testing to identify remains, became a priority. The NATO Alliance, previously confined to the borders of its member states, expanded its security role to operate ‘‘out of area,’’ first to restore peace and then to keep it. The Organization for Security and Cooperation in Europe also evolved to include significant field operations and new mandates ranging from election observation to police training. These developments remain relevant today. 

As we commemorate the accomplishments of Dayton, Mr. Speaker, we also must remember that the people of Bosnia-Herzegovina must live in its wake. It is my hope that, at the 30th anniversary of the end of the conflict, Bosnia will have made more progress and we will have more to celebrate.

Leadership: 
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  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. 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Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • Mass Murder of Roma at Auschwitz Sixty Years Ago

    Madam President, during World War II, some 23,000 Roma were sent to Auschwitz, mostly from Germany, Austria, and the occupied Czech lands. Sixty Years ago, on the night of August 2 and 3, the order was given to liquidate the “Gypsy Camp” at Auschwitz. Over the course of that night, 2,898 men, women, and children were put to death in the gas chambers. In all, an estimated 18,000 Roma died at Auschwitz-Birkenau.   During the intervening years, Aug. 2 and 3 have become days to remember the Porrajmos, the Romani word that means "the Devouring," and to mourn the Romani losses of the Holocaust.   As the U.S. Holocaust Memorial Museum has suggested, Roma are ``understudied victims'' of the Nazis. What we don't know about the Romani experiences during the war is far greater than what is known.   But we do know that the fate of the Roma varied from country to county, and depended on many factors. We know that, in addition to the atrocities in Auschwitz, thousands of Roma were gassed at Chelmno. We know that an estimated 90 percent of Croatia's Romani population--tens of thousands of people--was murdered. We know that approximately 25,000 Roma were deported by the Romanian regime to Transnistria in 1942, where some 19,000 of them perished there in unspeakable conditions. We know that in many places, such as Hungary, Roma were simply executed at the village edge and dumped into mass graves. We know that in Slovakia, Roma were put into forced labor camps, and that in France, Roma were kept in internment camps for fully a year after the war ended.   Still, far more research remains to be done in this field, especially with newly available archives like those from the Lety concentration camp in the Czech Republic. I commend the Holocaust Museum for the efforts it has made to shed light on this still dark corner of the past, and I welcome the work of nongovernmental organizations, such as the Budapest-based Roma Press Center, for collecting the memories of survivors.   I do not think I can overstate the consequences of the Porrajmos. Some scholars estimate that as many as half of Europe's Romani minority perished. For individuals, for families, and for surviving communities, those losses were devastating. Tragically, the post-war treatment of Roma compounded one set of injustices with others. Those who were most directly involved in developing the Nationalist-Socialist framework for the racial persecution of Roma--Robert Ritter and Eva Justin--were never brought to justice for their crimes and were allowed to continue their medical careers after the war. The investigative files on Ritter--including evidence regarding his role in the forced sterilization of Roma--were destroyed. German courts refused to recognize, until 1963, that the persecution of Roma based on their ethnic identity began at least as early as 1938. By the time of the 1963 ruling, many Romani survivors had already died.   During my years of service on the leadership of the Helsinki Commission, I have been struck by the tragic plight of Roma throughout the OSCE region. It is not surprising that, given the long history of their persecution, Roma continue to fight racism and discrimination today. I commend Slovakia for adopting comprehensive antidiscrimination legislation in May. As the OSCE participating states prepare for a major conference on racism, discrimination, and xenophobia, to be held in September, I hope they will be prepared to address the persistent manifestations of racism against Roma--manifestations that often carry echoes of the Holocaust.

  • Roma Still Waiting for Their "Brown v. Board of Education"

    Mr. President, 2 years ago, the United States Helsinki Commission, which I co-chair, held its third hearing on the human rights problems faced by Roma. At that time, we gave particular attention to the barriers Roma face in the field of education. As the OSCE High Commissioner on National Minorities said in his very helpful report on Roma in OSCE region, “exclusion of Roma extends to every sphere of social life, perhaps nowhere with more far-reaching and harmful effect than in respect of schooling.” In other words, ensuring equal access for Roma in the fields of education is an essential element for their integration in other areas of life. The World Bank and United Nations Development Program have also emphasized, in their reports, that integration in education is an essential ingredient for improving the overall conditions in which Roma live. Last month, as our own country was commemorating the Supreme Court's historic decision in Brown v. Board of Education, the European Roma Rights Center issued a report entitled “Stigmata: Segregated Schooling of Roma in Central and Eastern Europe.” This report evaluates practices and policies in Bulgaria, the Czech Republic, Hungary, Romania, and Slovakia and describes the most common ways of segregating Romani children from non-Roma: channeling Roma into so-called “special schools” for children with developmental disabilities; the de facto segregation that goes hand-in-hand with Romani ghettos; having mixed population schools where Romani children are segregated into all-Romani classes; and the refusal of some local authorities to enroll Romani children in mainstream schools. The European Roma Rights Center report concludes that, unfortunately, “with the exception of Hungary, concrete government action aimed at desegregating the school system has not been initiated to date.” It is surely not a coincidence that Hungary is also the only country in Europe where the mainstream political parties have started to compete for the Romani vote--both developments which reflect meaningful steps towards the real integration of Roma in that country. As the European Roma Rights Center notes, segregated schooling is the result of many factors which conspire together--not the least of which is the pernicious stereotype that Romani culture is somehow incompatible with education. This fiction continues to be widely held and disseminated by the media, by government officials and public leaders, and sometimes even by the representatives of respected international organizations. Frankly, this myth needs to be debunked. In reality, before World War II, there was no country in Europe that allowed Roma to attend school and maintain their language and cultural identity at the same time. Formal schooling, by definition, meant forced assimilation. It is amazing testimony to the strength of Romani culture that--after centuries as a dispersed people in Europe, after slavery in Romania and Moldova, after forced assimilation campaigns, and after the Holocaust--Romani identity has survived. For most Roma in Europe, concentrated in countries that fell behind the Iron Curtain, it is only the context of a post-communist world, a Europe which has now recognized the rights of ethnic and linguistic minorities, that the theoretical opportunity to be educated without having to hide or surrender one's Romani identity is within grasp. Kids like Elvis Hajdar, the Romani-Macedonian computer whiz-kid the Christian Science Monitor profiled in April, embrace this opportunity. For many other Roma, however, educational opportunities remain only distant and only theoretical. And, contrary to popular mythology, it is not Romani culture that holds them back, but crushing poverty and entrenched racism. Education is the key to breaking the cycle of poverty and it is no surprise that Romani organizations across Europe have made access to education one of their principle demands. Moreover, the “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,” adopted at the Maastricht Ministerial last December, the OSCE participating states outlined a variety of concrete measures states might undertake to achieve this goal. But desegregation will not just happen on its own. It will take leadership and political will and--as we know from our own experiences after the Brown decision--it may still take many years. The time to get started is now.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization   BODY: Madam Speaker, I rise in strong support of H. Res. 558, which welcomes the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization (NATO).   Earlier this month I celebrated the 86th anniversary of the declaration of independence of Lithuania with my constituents and the Lithuanian Society in Baltimore. I am very enthusiastic about the accomplishments of the Lithuanian people and my optimism for that nation's future. As you know, I am of Lithuanian heritage and share your special interest in Lithuania's development.   I am proud of the United States' strong support for Lithuania through the extension of membership to the NATO alliance, and the continued endorsement for the nation's integration into the European Union. In 2003 the U.S. Senate unanimously ratified Lithuania's inclusion into NATO, and praised Lithuania for "serving as an example to emerging democracies worldwide."   As an invited member of NATO and the European Union, the Republic of Lithuania plays a role in promoting security abroad and in combating international threats. Since 1994, the Lithuanian Armed Forces have demonstrated this commitment by deploying over 1,300 servicemen on missions to the Balkans and, most recently, Afghanistan and Iraq.   Lithuania's accession to NATO really marks the return of Lithuania to the Euro-Atlantic partnership and alliance, as we face the new challenges of the global war on terrorism.   Lithuania has made considerable progress towards a functioning market economy, and has enjoyed some of the highest domestic product growth rates in all of Europe. I am therefore pleased to see that Lithuania will shortly be joining the European Union (EU), which will grow from 15 to 25 members on May 1, 2004.   By joining the EU, the nation will greatly benefit from a larger, more integrated European marketplace. We should continue our partnership to further strengthen Lithuania's economic growth.   I am also pleased to report that in the last decade Lithuania has made great progress in the area of human rights, rule of law, and religious freedom all while pursuing further integration into European political, economic, and security organizations. As a member of Congress, I serve on the Commission on Security and Cooperation in Europe, commonly known as the Helsinki Commission. I also serve as the Chairman of the Economic Committee of the OSCE Parliamentary Assembly. Lithuania, among other countries, has agreed to the terms of the Helsinki Final Act, which calls upon governments to respect religious freedom and minority rights as well as guarantee free speech and political dissent. Lithuania has successfully moved to establish a strong democratic government, holding fair elections since 1991 and supporting an independent judiciary, both of which are critical components for maintaining rule of law and fighting corruption in any country.   Madam Speaker, I am pleased to join my colleagues in supporting this resolution, in saluting the accomplishments of Lithuania and looking forward with great pride and expectation to the future. I urge my colleagues to take a moment to reflect on the unique Lithuanian culture and its contribution to the world.

  • Welcoming the Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization

    Madam Speaker, I join my colleagues in strong support of House Resolution 558, welcoming the accession of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia to the North Atlantic Treaty Organization.   During my tenure in Congress, I have had considerable interaction with the leaders of these countries, as well as the opportunity to witness the transitions which have occurred. For several of our new NATO allies I first encountered as one-party communist states, as Warsaw Pact adversaries and as "captive nations." As Chairman of the Helsinki Commission, I have closely monitored their human rights performance and encouraged their democratic development. The transition for some has been particularly difficult, particularly with the effects of regional conflicts, political or economic crises. Throughout, their peoples have been our friends. Now, they become our allies.   While we must congratulate these countries, first and foremost, on the progress which brought them to this historic point, we can also take some credit for the investments we decided to make, through the human resources and bilateral assistance which planted the democratic ideals that now have triumphed. In my view, the returns on those investments have been notable.   In addition to these seven new NATO members, the resolution before the House also encourages the three members of the Adriatic Charter to continue their efforts toward eventual NATO membership. I particularly want to comment on Croatia. That country has had a particular challenge since 1990. As Yugoslavia fell apart and Croatia asserted its independence, the country faced not only the challenges of democratic transition but of surviving the Yugoslav conflict. From 1991 to 1995, significant portions of the country were destroyed or occupied. The conflict in neighboring Bosnia led to massive inflows of refugees. Croatia itself was vulnerable to those leaders with highly nationalist and less than democratic instincts.   While all of this slowed their transition, Croatia has rapidly moved--especially since 2000--to meet their democratic potential. In the last elections, a smooth transition in government took place, and we have a bilateral relationship which continues to strengthen over time. In addition, Croatia has become a key contributor to stability in a part of Europe where stability is highly fragile.   It is my hope, Madam Speaker, that we recognize this progress as Croatia seeks membership in NATO. Once Croatia meets the criteria for membership, the invitation to join should be extended. I would hope that the upcoming Istanbul summit will make this clear and mandate an assessment of Croatia's progress in this regard. It would be wrong and counter to U.S. interests to leave Croatia or any other country otherwise qualifying for NATO membership waiting unnecessarily.   I believe that taking this action would also encourage its Adriatic Charter partners, Albania and Macedonia, in meeting the criteria for membership more quickly. Rather than abandon its partners, Croatia will help them make progress as well. Albania and Macedonia are also good friends of the United States and would benefit from this encouragement. Ultimately, Bosnia and Herzegovina and Serbia and Montenegro would benefit as well, all in the interest of European security and, therefore, U.S. security interests.

  • Helsinki Commission Reviews Work of Tribunal for War Crimes in the Former Yugoslavia

    The Helsinki Commission held a briefing on the path to justice in southeastern Europe on October 7. Presenting his remarks at the briefing was Judge Theodor Meron, President of the International Criminal Tribunal for the former Yugoslavia (ICTY). Judge Meron began his remarks by underscoring the immensity of the task at hand. The vast scale of the crimes committed during the Yugoslav conflict, he said, "the murders, the rapes and deportations, the acts of torture, destruction and cruelty, would dwarf the capacity of any single court to bring more than a partial, a very partial reckoning." Nevertheless, he said, the tribunal struggles on, patiently and temperately disclosing the truth, giving the victims "a chance to see their sufferings recorded and at least in some small measure vindicated." Judge Meron asserted that the tribunal demonstrates the viciousness of those who built their power with hate-filled beliefs and sends a compelling message "that only through genuine reconciliation can all the peoples of the former Yugoslavia create thriving societies." Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) underscored the important role the tribunal plays. In his opening remarks, Chairman Smith explained that the court was a way of helping to break the climate of impunity and "ensuring that those responsible for heinous crimes would be held to account." Commissioner Cardin, likewise, described strong United States support for the court, saying that the United States Congressional Delegation to the OSCE Parliamentary Assembly has raised the war crimes issue at every annual meeting in the last decade. Cardin has sponsored numerous initiatives over the years aimed at bolstering support for the work of the ICTY. The United States took a leading role in the creation of the ICTY, and funds approximately one quarter of its annual budget. Given the significance placed on the ICTY and its mission, three issues were highlighted: the compliance by participating States with ICTY demands; the implications of the ICTY's completion strategy; and, the procedural methods of the court. All three participants insisted on compliance from states in turning over indictees and granting increased access to evidence and archives. Commissioner Cardin recalled that "there are still indictees who have not been turned over to The Hague. Some highly visible indictees, such as Mladic and Karadzic, we've now been talking about for too many years." Judge Meron contended that while states in the region have increased their cooperation, such cooperation still needs to be made more complete. Sixteen indicted individuals, he explained, are still at large, including Serb army chief Ratko Mladic, Serb leader Radovan Karadzic, as well as Ante Gotovina, one-time Commander of the Split Military District. Meron said that the international community needs to use what he regards as its considerable leverage with the countries of the region to convince them to arrest and deliver to The Hague the most senior people allegedly responsible for war crimes. Meron noted improvements from Serbia-Montenegro, stating that he is "encouraged by the emerging spirit of cooperation in Belgrade which has produced some significant results in the last year." But, he said, more needs to be done. Serbia, he argued, must arrest Mladic, whose whereabouts, it is believed, are known; improve access to archives; and end the bottleneck in meeting the demands presented by the ICTY prosecutor. Meron said the tribunal is also "expecting maximum cooperation...from Zagreb" and insisted that "there is no bias or preference of the target of our cooperation." Judge Meron, however, reserved particularly harsh words for Republika Srpska. That entity of Bosnia-Herzegovina, he said, "has not been cooperating at all.... There has been no compliance on their part, and much more international pressure is needed." With UN Security Council deadlines for completion approaching, Chairman Smith expressed his concern that key indictees would decide to simply wait out the tribunal's mandate. Judge Meron assured the Commission that the tribunal "will not move toward any closure before we have people like Mladic, Karadzic, and Ante Gotovina at The Hague." Smith expressed his full support for such a policy, stating that "to allow people like Mladic and Karadzic to escape justice by running out the clock would be a gross violation of human rights in and of itself." As part of the ICTY's completion strategy, Judge Meron said the court intended to transfer some low- to mid-level cases from the ICTY to competent courts in the region, in particular the special war crimes chamber within the newly reconstituted State Court of Bosnia-Herzegovina in Sarajevo. He expressed his appreciation to the international community for supporting this body and hoped that the United States and others would follow through on their promises for generous financial contributions. In addition to improving the legal capacity to try war criminals, Meron praised the Sarajevo court for the training it will provide to lawyers and judges in the area and "the message of democracy and the rule of law that will be triggered by such a court." Because of the fragility of the social system in Bosnia-Herzegovina, every bench of the Sarajevo court will have two international judges and only one local judge. He expressed his desire that, over time, the social environment will change to allow the composition to be reversed to give more significant representation to local judges. When asked whether cases could be transferred to war crimes chambers and courts elsewhere in the region other than the Sarajevo court, Judge Meron said he did not believe it feasible at the moment. At the same time, he argued, "War crimes trials have the greatest resonance when they take place very close to the theater of crime, the place where the crimes have been committed, where the victims or their families still live." He said, therefore, that it was his hope to have "more and more trials conducted in the area." Given the approaching of Security Council deadlines, Judge Meron also discussed some procedural changes the ICTY has adopted in its completion strategy. He described several internal initiatives made by the court attempting to improve efficiency. The tribunal has reformed its procedures for interlocutor appeals to reduce the number of interruptions in the trial and has restricted prosecutorial evidence that judges deem duplicative or unnecessary. Its ability to finish working in a timely fashion, he said, also depends on the choices the prosecutor makes on future indictments. In response to a question from the audience, Judge Meron commented about the tribunal's sentencing procedures. The tribunal has at times been accused of meting out sentences that are not commensurate with the gravity of the crime committed. Others have accused the tribunal of passing sentences for some defendants that were much greater than sentences for others convicted of similar crimes. Without sentencing guidelines from the Security Council, Judge Meron said, the tribunal has had to create its own common law. He stated though that he had "no reason to believe that as a general proposition our sentencing has not been within the parameters of what I would consider to be just and reasonable." Nevertheless, Judge Meron said, he has formed a working group of several judges to address the sentencing issue because he believes there is no aspect of the tribunal's activities that cannot be improved further. The tribunal, according to Judge Meron, represents an enormous experiment in international cooperation. Starting almost from scratch, the ICTY had to create its own rules of procedure and evidence. This effort, the judge claimed, will have an impact even beyond the specific crimes considered. He concluded, "The sort of judgments that we will leave behind from very detailed problems of definitions of international crimes, on the interpretation of the evidence, on the conflicts of evidence, on how to reconcile the notions of common law and civil law, will prove to be, I think, a very important legacy to us all." This briefing was the latest in a series of United States Helsinki Commission events and other activities this year intended to promote justice in southeastern Europe through improved cooperation with the ICTY. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • OSCE Police-Related Activities

    This briefing, which CSCE Senior Advisor Elizabeth B. Pryor moderated, specifically focused on efforts to provide national police forces in multiple southeastern European countries with adequate and proper training and resources for the purpose of combating criminal activity. The countries in question (i.e. Armenia, Azerbaijan, Bosnia, Georgia, Kyrgyzstan, and Tajikistan) have needed particularly effective and professional law enforcement agencies. Since the 1990s, the OSCE has helped to monitor and train police officers, with notable success in Kosovo, southern Serbia, and elsewhere in Southeastern Europe. At the time of the briefing, the focus had been shifted to countries in Central Asia and the Caucasus region, headed by Richard Monk, the witness in this briefing, who had been the OSCE Police Adviser since February of 2002.

  • The Path to Justice in Southeastern Europe

    This briefing examined the status of current and future efforts to bring justice to southeastern Europe after a decade of conflict dominated by war crimes, crimes against humanity and genocide. The international responses to the atrocities committed in Yugoslavia during the 1990s, including the establishment of the International Criminal Tribunal for the former Yugoslavia, were addressed. Theodor Meron, President of the Tribunal since March 2003, discussed the ongoing efforts of ICTY and the possibility of completing all trials by 2008 and appeals by 2010. He also addressed the advantages of transferring some cases for trial in national courts in the region and the challenges these courts would face in meeting international standards, including witness protection, fostering inter-state cooperation and garnering unbiased, independent judges.

  • Report: Bosnia and Herzegovina's Draft Religion Law: Draft Text Fails to Meet OSCE Commitments on Religious Freedom

    Authorities in Bosnia and Herzegovina are presently considering a draft religion law which enumerates the rights and obligations of religious communities and the government. Many aspects of the current draft law fully comply with Bosnia and Herzegovina's commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Unfortunately, the draft law also contains some troubling provisions that should be altered before adoption. The "Law on Freedom of Religion and the Legal Position of Churches and Religious Communities in Bosnia and Herzegovina" emerged from the joint state presidency, developed by the Ministry for Human Rights and Refugees, and was submitted to parliament in June. Parliamentary consideration of the legislation is expected this fall. This report includes specific recommendations which, if adopted and implemented, would help bring the draft into conformity with OSCE commitments. Ten years ago, the country was in the midst of a four-year conflict marked by horrific atrocities against civilians, massive ethnic cleansing and genocide. The scars of that conflict impact to this day practically all law making in Bosnia and Herzegovina and present a peculiar challenge when addressing the role of religion in society, especially since the leading national groups are largely defined by their Islamic, Eastern Orthodox and Roman Catholic faith or related cultural heritage. While opinions vary on the necessity of a specific law on religion, the eventual passage of an improved, progressive text would help Bosnia and Herzegovina implement its OSCE commitments and, at the same time, set a higher mark for religious tolerance that neighboring countries have yet to match.

  • Bosnia and Herzegovina's Draft Religion Law: Draft Text Fails to Meet OSCE Commitments on Religious Freedom

    This report analyzes a draft law under consideration in 2003 in Bosnia and Herzegovina, which would have enumerated the rights and obligations of religious communities and the government. Many aspects of the draft law fully complied with Bosnia and Herzegovina's commitments as a participating State of the OSCE. However, the report found that the draft law also contained some troubling provisions, which were especially worrying given the country's experience with religious and ethnic violence only four years prior.

  • Relatives Testify to Struggles to Resolve Missing Persons Cases in Former Yugoslavia

    By Bob Hand CSCE Staff Advisor The United States Helsinki Commission held a hearing Friday, August 1, 2003, to address the issue of missing persons in the southeastern region of Europe formerly known as Yugoslavia. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) presided over the hearing which featured testimony from four witnesses who lead non-governmental organizations representing the families of missing persons in Kosovo and Croatia. In his opening statement, Chairman Smith noted the importance of stories from relatives of missing persons to underscore the human tragedy and legacy of the conflicts that erupted in the region. In exploring those experiences, Smith said, those in the United States can begin to empathize with such a heartbreaking issue not often noted as a consequence of conflict. Citing the twenty-eighth anniversary of the Helsinki Final Act, Smith remarked that "nothing is more appropriate for the Helsinki Commission than to have a public hearing not about policies and programs, but about real people who have suffered so much. Like the prosecution of war crimes and crimes against humanity, the resolution of missing persons cases can help bring about at least some closure and help individuals recover from their tragic loss." In prepared remarks for the hearing, Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, "While we are saddened by the stories our witnesses will tell of missing relatives--some for many, many years--we are also inspired by their courage and leadership as they forge ahead seeking truthful answers." Co-Chairman Campbell emphasized that stringent professional law enforcement procedures are needed throughout the region of Southeast Europe in order to help bring closure to existing cases. Gordana Jaksic is a member of the Board of Directors for the Association of Parents and Families of the Arrested, Captured and Missing in Novi Sad, Serbia. Jaksic testified that her Serbian-based organization is currently investigating cases of 560 missing persons who vanished from 1991 to 1996, immediately following the fall of Yugoslavia. One case is that of her own son, Slobodan, captured by Croatian forces in May 1992 while serving in the Yugoslav People's Army in Bosnia. "Eleven years is a very long time," Jaksic said. "I do not ask for pity. I do not need anyone's pity. I want to [awaken] people's minds and consciousness so that they raise their voices together with mine so that we can reach the truth." In response, Chairman Smith expressed sympathy and added, "The time has come for closure, and the only way that there will be closure is if the political will exists on all sides to get to the bottom of this." Cedomir Maric is President of the Association of Missing Persons from Krajina, a Belgrade-based organization investigating the cases of 2,824 Serbian families from within the territory of Croatia known as Krajina. Maric testified that his dedication to the cause of missing persons began in 1995, when his son, Jalimir, was kidnapped in the town of Knin. "Our struggle has been going on for eight years, but it will continue until we find our loved ones," Maric told the Commission. "As time passes by, we become more conscious of the fact that maybe we will not reach the day, we will not live to the day when we wait for them at home and they come back alive, but we want to continue the struggle to get the remains of our children so that we know where we can bury them and go to light the candle according to our rights." Olgica Bozanic and Verica Tomanovic represent the Belgrade-based Association of Family Members of Missing and Kidnapped Individuals. Bozanic described her five-year search for fourteen of her relatives who disappeared in Kosovo in 1998, during a period of high-intensity conflict involving the Kosovo Liberation Army (KLA). "Serbs were kidnapped everywhere," Bozanic stressed. Bozanic, who actually met with those responsible for her family members' disappearances, expressed frustration with the International Criminal Tribunal for the former Yugoslavia, which is prosecuting Balkan war crimes. Citing repeated contact with Tribunal Chief Prosecutor Carla del Ponte. Bozanic explained that authorities were hesitant to assert jurisdiction in the cases of the families represented by her organization. "I wanted to achieve something while people in my family were still alive, but Carla Del Ponte answered that they cannot arrest anybody or indict anybody because they have no evidence," Bozanic said. "I asked what they considered as evidence. I was told that if there were no bodies, there was no evidence." Tomanovic discussed the work of her organization, formed in 2000 to bring organized power to many individual cases languishing before international and local authorities. Today, 1,303 families of those kidnapped since 1998 in Kosovo are represented. "We are a non-governmental humanitarian organization and our only goal is to find the truth about the fate of our loved ones," Tomanovic said in her testimony. "All of these kidnappings and abductions had the same goal, which was the cleansing of Kosovo and Metohija of the Serbs," Tomanovic said. "It has been thousands of nights for some mothers who have not slept at all since their loved ones disappeared. There are children who [are] waiting for their fathers. There is so much pain and suffering, and this anxiety is more horrible than any truth." Tomanovic's husband, Dr. Andrija Tomanovic, is one of the victims her organization represents. A popular full-time professor and vice president of the Red Cross of Serbia and Kosovo, Dr. Tomanovic was kidnapped in June 1999 at a Pristina Hospital, supposedly guarded by the UN Mission in Kosovo (UNMIK). Tomanovic echoed Bozanic's discontent with the responsiveness of international authorities. After reporting her husband's kidnaping to KFOR and UNMIK officials, Tomanovic said she received a warm welcome, but limited direct action with no result. "I have to emphasize that we have a very active cooperation with the UNMIK office in Belgrade, but we are not satisfied with this cooperation because there is no result," Tomanovic said. "The UNMIK has not helped Serbs, not even once, to resolve at least one case. I believe that we can find the truth very quickly if those people who kidnapped our loved ones are arrested." Maric added that his group has had no direct contact with the Croatia military on their cases. Chairman Smith responded, "If we are to have faith in the military of Croatia, the least they can do is be absolutely aggressive, thorough and transparent in resolving missing persons issues as it relates to their military." Adjourning the hearing, Chairman Smith indicated the Commission would hold additional sessions addressing the missing persons issue elsewhere in the war-torn areas of Southeast Europe. Subsequently the Commission scheduled a hearing, Missing Persons in Southeast Europe (Part 2), for September 18, 2003. The hearing was cancelled due to a hurricane which swept the U.S. Eastern Seaboard. The scheduled witnesses, all ethnic Albanians from Kosovo, have been asked to provide written testimony for the combined record. All Commission hearings and briefings are open to the public. Interested media and other individuals are encouraged to attend. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Missing Persons in Southeast Europe

    Rep. Chris Smith (NJ-04) and Sen. Ben Nighthorse Campbell heard from people who had lost relatives in the former Yugoslavia (i.e. Kosovo, Bosnia-Herzegovina, and Croatia) during the years of conflict in that region. This hearing specifically focused on Serbians who lost relatives in Kosovo, Bosnia-Herzegovina, and Croatia. The panelists – Olgica Bozanic, Verica Tomanovic, Cedomir Maric, and Gordana Jaksic – represented not only themselves and their own families, but also organizations consisting of hundreds of families of the missing.

  • Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor   On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commissioners Press Belgrade to Apprehend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. United States Helsinki Commission Intern Kristin Poore contributed to this article.

  • Certification of Assistance to Serbia

    Mr. Speaker, the U.S. Department of State last week made its determination to certify compliance by the Government of Serbia and Montenegro with the terms of section 578 of the Consolidated Appropriations Resolution (P.L. 108-7). This section conditions certain bilateral assistance to Serbia on progress in three areas, although by far the most critical being cooperation with the International Criminal Tribunal for the former Yugoslavia.   I agree with the Department’s assessment that progress has been made, especially since March. In particular, I welcomed action earlier this month by the Serbian authorities to apprehend Veselin Svjilancanin, indicted by the Tribunal for the 1991 massacre near Vukovar in Croatia. Although there was resistance, this action was a success and signaled what is perhaps a new determination by Belgrade to transfer all remaining indictees. Having been in Vukovar, along with my good friend and colleague Mr. Wolf, just before the city fell to Serb forces, I am glad to see all three indicted by the Tribunal for this crime will be tried in The Hague.   Nevertheless, Mr. Speaker, I am concerned that the Department’s determination was the wrong one to make. While progress has been made, it remains insufficient. Still at large and believed to have been in Serbia are several other persons, including Ratko Mladic and others, Ljubisa Beara, Vujadin Popovic, Ljubomir Borovcanin, Vinko Pandurevic and Drago Nikolic, indicted by the Tribunal for their connection to the1995 Srebrenica massacre in which thousands of innocent people were executed.   I am concerned, deeply concerned, that these individuals will continue to evade justice while officials in Belgrade may get the impression they have done enough. Clearly, they have not. Mr. Speaker, I would urge Serbian authorities to take the action necessary to remove "cooperation with the Tribunal" as an outstanding issue in our bilateral relationship. In doing so, they will also continue to help Serbia emerge from Slobodan Milosevic’s legacy of nationalist hatred.   In the meantime, Mr. Speaker, I also urge the State Department to use remaining levers to encourage not just better, but full, cooperation with the Tribunal, which Secretary Powell had assured Mr. Cardin and myself in correspondence was a position we all shared. The crimes which occurred were too severe and too horrendous to allow those responsible to escape justice.

  • Arming Rogue Regimes: The Role of OSCE Participating States

    The hearing will consider the efforts to curb the spread of deadly weapons and related militarily significant technology and equipment to dangerous regimes around the world. Rather than focus on the efforts by these regimes to acquire the material, we want to examine the capacity and willingness of participating States in the OSCE to be their source. The end of the Cold War left some states, especially those of the former Warsaw Pact, with huge stockpiles of military hardware, while economic downturns made their military industries and research institutes desperate for funds. The United States has encouraged these countries to maintain tight control over surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand, even from rogue states and regimes, for weapons of mass destruction, delivery system, and small arms or light weapons.

  • Democracy, Human Rights and Justice in Serbia Today

    Donald Kursch, Senior Advisor at the US Commission on Security and Cooperation in Europe, moderated this briefing that discussed, among other things, the trajectory of democratic institutions in Serbia. This briefing was held in the wake of the assassination of Serbian Prime Minister Djindjic, after which the authorities in Belgrade undertook tough measures to crack down on the criminal elements that had continued to be a barrier to Serbia and Montenegro’s full integration into the Euro-Atlantic community’s institutions. More restrictive measures against crime in Serbia and Montenegro had underscored the progress already made by democratic forces in overcoming the estrangement between the two countries and the West.

  • Coerced Sterilization Investigated in Slovakia

    Mr. Speaker, on May 8, the Senate gave its consent to protocols providing for the accession of seven new members to the North Atlantic Treaty Organization. I have supported Slovakia's admission to NATO and am heartened that the post-1998 democratic and human rights progress in Slovakia made the Senate vote possible. Slovak leaders continue to demonstrate in many concrete ways their commitment to the oftcited but not always visible "shared values" that are central to the trans-Atlantic community. I was moved to read that several Slovak leaders, including Speaker of the Parliament, Pavol Hrusovsky, with whom I met last year, Laszlo Nagy, Chairman of the Parliament's human rights committee, and the Foreign Ministry have spoken out so clearly and strongly on behalf of the Cuban dissidents victimized by Castro's recent sweeping crackdown on human rights activists. At the same time, I have continuing concerns about the Slovak Government's ongoing investigation into allegations that Romani women were sterilized without proper informed consent. Mr. Speaker, I know these allegations are of concern to many members of the Helsinki Commission, one of whom recently sponsored a Capitol Hill briefing concerning the sterilizations. I also discussed the issue with Slovak Ambassador Martin Butora and Deputy Minister Ivan Korcok in March. Eight Helsinki Commissioners joined me in writing to Prime Minister Dzurinda to express our concern, and U.S. Assistant Secretary for Human Rights, Democracy, and Labor, Lome Craner, commented on this abhorrent practice at his hearing on the State Department's annual human rights report. I was encouraged by the Prime Minister's substantive and sympathetic response, and I commend his commitment to improve respect for the human rights of Slovakia's Romani minority. At the same time, I am deeply troubled by one particular aspect of the government's response to the reports documenting that sterilizations occurred without proper informed consent. Shortly after the release in January of a lengthy report on sterilization of Romani women, a spokesperson for the ministry responsible for human rights was quoted in The New York Times as saying: "If we confirm this information, we will expand our charges to the report's authors, that they knew about a crime for a year and did not report it to a prosecutor. And if we prove it is not true, they will be charged with spreading false information and damaging the good name of Slovakia." In other words, if the government's investigation does not find evidence of coerced sterilization, they intend to make those who dared make the allegation pay a price. And if the government's investigation does confirm the allegation, they will still make those who made the allegation pay a price. I believe this is what is meant by the old expression, "Damned if you do, and damned if you don't." This is really an outrageous threat, and it's hard to believe that an official responsible for human rights would have made it. Mr. Speaker, I had hoped that this was an unfortunate misstatement and not really reflective of the Slovak Government's policies. I had hoped that the fact that almost every newspaper article, from Los Angeles to Moscow, about coerced sterilization in Slovakia has mentioned this threat would lead the Slovak Government to issue some kind of clarification or retraction. Unfortunately, not only has there been no such clarification or retraction, but the threat has now been repeated--not once, but at least twice. First, in mid-March, the Ministry of Health issued a report based on its own investigation into the allegations. (A separate government investigation continues.) Naming a particular Slovak human rights advocate by name, the ministry complained that she had refused to cooperate with police investigators and this could be considered covering up a crime. Essentially the same point was made by Slovakia's Ambassador to the OSCE in early April, ironically during a meeting on Romani human rights issues. Mr. Speaker, these threats raise serious doubts about the breadth and depth of the Slovak Government's commitment to get at the truth in this disturbing matter. Can the Slovak Government really expect women who may have been sterilized without consent to come forward and cooperate with an investigation with a threat like this hanging over them? A few brave souls may, but I believe these threats have had a substantial chilling effect on the investigative process. In fact, it is not unusual for those whose rights have been violated to confide their stories only upon condition of anonymity. And while I realize there has been a very serious effort in Slovakia to improve the professionalism of the police and to address past police abuses against Roma, I certainly can't blame Romani women if they are unwilling to pour their hearts out to their local constables. Simply put, the police have not yet earned that trust. I hope the Slovak Government will set the record straight on this and remove any doubt that the days when human rights activists could be sent to jail for their reports is over. Doing so is critical for the credibility of the government's ongoing investigation.

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