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STANDARD FOR JUSTICE: JUNE 10, 2010
This Day in Commission History
Monday, June 10, 2019

By Annie Lentz,
Kampelman Fellow

On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan.

The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages.

U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection.

Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.”

“The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings.

Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide.

Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals. 

The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

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  • Banja Luka-Ethnic Cleansing Paradigm

    Samuel Wise, international policy director of the Commission, addressed the political setting in Bosnia before elections in 1995 and the possibility of having a free and fair environment, especially in regards to human rights like freedom of movement, freedom of expression, and freedom of association. The briefing focused on Banja Luka, the second largest city in Bosnia-Herzegovina that is located in the northwest. Since the beginning of the Bosnian conflict, the city was firmly in the hands of the Bosnian Serb rebels until the Dayton Accords placed the city in the Republika Srpska, the newly created Serbian republic. The city and the region surrounding it had a significant non-Serb population (Bosniacs or Muslim Slavs, Croats, Ukrainians, and ethnically mixed Yugoslavs), which was ethnically cleansed on behalf of the Serbian government. While some instances of ethnic cleansing there took the form of subtle measures, the most notorious concentration camps, including Omarska, were in the Banja Luka region. The witnesses – Catholic Bishop of Banja Luka  Franjo Komarica,  Obrad Kesic from the International Research and Exchanges Board, and Diane Paul, a nurse from Baltimore – discussed the city as a scene of apparent differences among Serb political activists with highly divergent points of view. They emphasized that Bosnia’s future hinged on whether moderates or radicals won in the elections in that region.

  • The Latest Crisis in Bosnia-Herzegovina

    With Rep. Chris Smith (NJ-04) presiding, this hearing focused on the continuing ethnic conflict in the former Yugoslavian country of Bosnia. This hearing was held with the events of the two weeks that preceded it in mind. More specifically, militants from Serbia had attacked UN outposts and, subsequently, had taken peacekeepers hostage.  In spite of the atrocities being committed against the Bosnian people, Rep. Smith stated that the international community viewed the conflict in Bosnia as more of a crisis than the Bosnians themselves. Unfortunately, though, as this hearing sought to address, the international community could have better responded to the crisis in the former Yugoslav country. As a witness, Dr. Haris Silajdzic was also in attendance.

  • Prosecuting War Crimes in the Former Yugoslavia: an Update

    This memorandum is part of a continuing series of reports prepared by the staff of the Helsinki Commission on the conflict in the former Yugoslavia. In the summer of 1991, Members of Congress and representatives of non-governmental organizations began to call for the establishment of a war crimes tribunal that would hold those responsible for war crimes in the former Yugoslavia personally and individually accountable for their actions. As atrocities mounted over that summer and information about concentration camps became public, these calls began to reverberate at on-going meetings of the Conference on Security and Cooperation in Europe (CSCE) then being held in Prague, Vienna and Helsinki.

  • The United Nations, NATO and the Former Yugoslavia

    This hearing focused on policy questions related to United Nations efforts and coordinated assistance from NATO in the countries of the former Yugoslavia. The hearing reviewed a historical timeline of the events and atrocities associated with the war. The hearing covered the issue of genocide and the actions in which the United States ought to respond. In relation to the war, the hearing touched based on the effectiveness of the Bosnian arms embargo and whether its intended approached has alleviated the conflict in any matter. The witnesses and the Commissioners touched on the logistical difficulties faced by the United Nations and what the general perspective and desires of the local population.

  • Genocide in Bosnia

    This hearing focused on determinig if the recent ethnic cleansing, the destruction of cultural sites, and war crimes and crimes against humanity in Bosnia and the former Yugoslavia constituted genocide.  In particular, the witnesses and Commissioners discussed  how many of the war crimes were committed on orders from the military and the political leadership.

  • The Crisis of Chechnya

    Apart from horrendous human rights violations, the war in Chechnya has brought to the fore all the underlying fissures in Russia’s political and economic structures, as well as highlighted the tensions in Russia’s relations with its neighbors and the rest of the international community. Chechnya confronts Russia’s Government, and by extension, all OSCE governments with the key issue of self-determination. Though Principle VIII of the Helsinki Final Act guarantees the equal right of all peoples to self-determination, the international community has never worked out rules and mechanisms for pursuing that right. Since many countries face actual or potential separatist movements based on demands for self-determination, governments have tended to side-step the issue.

  • The Crisis in Chechnya

    This hearing discussed the human right violations conducted by the Russian government against the civilians of the Chechen Republic. The horrendous human rights violations, the war in Chechnya brought to the fore all the underlying fissures in Russia’s political and economic structures, as well as highlighted the tensions in Russia’s relations with its neighbors and the rest of the international community. Chechnya confronted Russia’s Government, and by extension, all OSCE governments with the key issue of self-determination. Though Principle VIII of the Helsinki Final Act guarantees the equal right of all peoples to self-determination, the international community has never worked out rules and mechanisms for pursuing that right. Since many countries face actual or potential separatist movements based on demands for self-determination, governments have tended to side-step the issue.

  • U.S. HELSINKI COMMISSION DELEGATION TO BOSNIA-HERZEGOVINA

    The Commission delegation travelled to the Bosnian capital of Sarajevo to assess the situation in Bosnia-Herzegovina as the third winter of the conflict in that country approached. Specifically, the delegation was interested in local observations of the prospects for peace, international policies to enhance those prospects quickly and effectively, and the continuing humanitarian crisis that continues in the meantime. These objectives were part of a larger Commission effort to document the tragic events which had transpired in Bosnia-Herzegovina and other parts of the former Yugoslavia since that federation began its violent disintegration, and to raise public awareness of the severe violations of CSCE principles and provisions that resulted. Following its visit to Sarajevo, the Commission delegation travelled to Albania at the invitation of President Sali Berisha. The visit offered the opportunity for the Commission to observe firsthand the vast changes which had taken place in Albania since the elections of 1992, which ousted the communists from power after nearly 50 years of ruthless repression and isolation. It also was intended to show support for Albania during a time of crisis and conflict in the Balkans and, at the same time, to encourage Albania to make continued progress and avoid making mistakes which could damage Albania's image abroad. During the last stop on the trip, the delegation visited Turkey to examine issues of mutual concern to the United States and Turkey, including human rights issues, the Kurdish situation, conflict in the Balkans and the Middle East peace process.  

  • Russia and its Neighbors

    Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.

  • Bosnia’s Second Winter Siege

    After two years of genocide and starvation and despite the best efforts of Western Europe and the United States, the war in Bosnia-Herzegovina has not ended. A robust discussion on the best policies toward Bosnia-Herzegovina the United States should implement will ensue.

  • Bosnia’s Second Winter Siege

    After two years of genocide and starvation and despite the best efforts of appeasement from Western Europe and the United States, the war in Bosnia-Herzegovina won’t go away. It won’t go away because, despite overwhelming odds, the victims have refused to surrender to the forces of genocide and territorial aggression. A robust discussion on the Bosnia-Herzegovina policies the United States should implement will ensue.

  • Russia's Parliamentary Election and Constitutional Referendum

    This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions.  Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.

  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA - PART 3

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.The hearing concludes with possible U.S. responses with findings and reports to support prospective actions.

  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA- PART 2

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.

  • CSCE Implementation Meeting on Human Dimension Issues

    Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.

  • The Yugoslavia Conflict: Potential for Spillover in the Balkans

    This hearing reviewed the potential for spillover in the Yugoslav conflict. In particular, the hearing examined the aggression in Bosnia- Herzegovina and the possible effects of this on its own ethnic communities and on those of neighboring countries. The economic decline that followed the disintegration of Yugoslavia provided additional hardships for the large refugee population in the region. The Commissioners examined how the U.S. should respond, and whether current policies, such as sanctions on Serbia and Montenegro, are effective.

  • U.S. Human Rights Policy: Joint Hearing with House Foreign Affairs Subcommitee on International Security, international Organizations and Human Rights

    This hearing examined the best ways to promote commitments made in the Charter of Paris agreement. The Commissioners and witnesses reviewed developments in the Balkans and Serbia’s continued territorial aggression.  They also discussed the practice of developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries.  They also highlighted the need for additional pressures on  those countries that disrespect universal human rights to encourage them to change their behaviors.   The distinguished witnesses and Commissioners discussed ways in which the U.S. can strength the United Nation’s ability to promote and protect human rights, as well as how the U.S. can make greater use of regional bodies, like the CSCE, in conflict resolution.

  • Human Rights Policy Under the New Administration

    The purpose of this hearing was to examine the euphoria of the post-Cold War age in regards to the lack of confidence and political drive on how to promote commitments made in the Charter of Paris agreement. The hearing reviewed the actions made in the Balkans and Serbia’s continual territorial aggression and also developed democratic countries selectively applying human right policies. The Commissioners stressed the need for continual assistance to democratically developing countries, but to those countries that disrespect universal human rights should have additional pressures applied to change this behavior. The distinguished witnesses and Commissioners discussed ways in which the U.S. can help play a role in strengthening the United Nation’s ability to promote and protect human rights, as well as how the U.S. could use greater use of regional bodies similar the CSCE in conflict resolution.

  • U.S. Helsinki Commission Delegation to Romania, Macedonia, Kosovo, and Vienna

    The Commissions Delegation's visit to Romania, the first since April 1990, had two main objectives. The first was to assess, though meetings with a broad spectrum of non-governmental and official actors, Romania's current level of democratic and market reform. The second was in recognition of Romania's critical role in the effort to enforce U.N. sanctions against Serbia and Macedonia, and the broader political strategic role of Romania in the Balkans. The delegation also traveled to Macedonia to complete the itinerary of a visit to the area in November 1992, which had to be cut short because of inclement weather conditions. Indeed, the signs of the oncoming winter which the Commission saw at that time led it to raise concern over the deteriorating condition which Macedonia and the tens of thousands of Bosnian refugees residing there faced. The April 1993 visit afforded a useful opportunity to see firsthand the extent to which the country had satisfactorily coped with these deteriorating conditions and the prospects generally for the stability and democratization of an independent Macedonia. The delegation then visited Kosovo to observe firsthand the volatile situation there. The situation is a matter of considerable international concern given the chances for the war in nearby Bosnia-Herzegovina to have a spillover effect in which the tension exist between the Serbian authorities and th majority Albanian population could erupt into violence, either by intent or by spontaneous incident. The delegation wanted to hear the views of the authorities as well as of the leaders of the Albanian community, and to raise its concerns, particularly to the authorities regarding human rights. Finally, the delegation wanted to learn about the activities of the CSCE mission of Long-Duration based in Kosovo to monitor developments in the area and to ease tension in society. The delegation finished its trip in Vienna, Austria to meet with the U.S. delegation to the CSCE. Vienna is becoming the CSCE's operational center, with the Conflict Prevention Center, which provided logistical support to the missions as well as the ongoing arms control and security forum, the Forum on Security Cooperation (FSC), and regular meeting of the participating States.  

  • War Crimes in the Former Yugoslavia

    This hearing focused on the ongoing conflict in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes and providing humanitarian relief. In particular, the hearing looked into systemic rape and forced impregnation in the former Yugoslavia. The hearing also largely focused on what measures the U.S. should adopt to assist communities and women affected by gender violence from the conflict. In addition, the Commissioners and witnesses discussed measures to prosecute individuals guilty of war crimes and how to address the refugee crisis.

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