Vojislav Seselj Case: UN Criminal Tribunal Delivers Great Victory For Violent Lunatics Everywhere

ICTY Trial Chamber 31 March 2016 Delivering Judgment in Vojislav Seselj Case PHOTO: Screenhot ICTY.org

ICTY Trial Chamber
31 March 2016
Delivering Judgment in Vojislav Seselj Case
PHOTO: Screenhot ICTY.org

 

Travesty of justice and biased blindness to facts

Despite the fact that the Serbian ultra-nationalist pusher of a land-grabbing-by-any-means Greater Serbia, Vojislav Seselj, sowed and incited hatred against Croats and Muslims (Bosniaks) in Croatia and Bosnia and Herzegovina during early 1990’s, recruited Serb Chetnik, utterly cruel and barbaric, bloodthirsty militia in Croatia, that culminated in a long, brutal war of genocide, ethnic cleansing, mass murder, rape, concentration camps, pillage… the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Hague pronounced him Thursday 31 March 2016 innocent of all charges. The majority of judges, Judge Lattanzi dissenting, concluded “that the objective of the creation of Greater Serbia was more of a political venture than a criminal project… that crimes had been committed by Serbian forces in the process, but that they were not inherently linked to the fulfilment of the purpose of Greater Serbia…”

Vojislav Seselj Photo: N1

Vojislav Seselj
Photo: N1

Two out of three judges (Judge Jean-Claude Antonetti, Judge Mandiaye Niang) – Judge Flavia Lattanzi dissenting -dared to conclude the above  knowing the facts that Seselj acted in times of Slobodan Milosevic’s Serbia that called upon ethnic cleansing and creation of ethnically pure regions of Croatia and Bosnia and Herzegovina; knowing that it was Seselj who shouted in 1991 to Serbs picking up weapons to attack Croatia that “no Ustasha can leave Vukovar alive…” (calling all Croats Ustasha – a WWII political independence movement in Croatia); knowing that only one week before the same Tribunal (ICTY) convicted Serb Radovan Karadzic, the wartime leader of the Bosnian Serbs, to 40 years imprisonment on charges of murder, extermination and genocide (based on same Greater Serbia “political venture”)!
Furthermore, the majority judgment argues that Seselj’s men might have been present in contested regions (regions of Croatia and Bosnia and Herzegovina), not to force Bosniak Muslims and Croats out of areas claimed for a Greater Serbia, but on “humanitarian grounds”. So, his calls for murder, extermination and ethnic cleansing (acted upon by his men) were simply a means of “galvanising Serb forces”.

 

Can you believe this travesty of justice and blindness to facts!?

 

His men followed his calls – murdered, raped, forcefully deported, imprisoned, humiliated, plundered…and that was “OK” according to the two judges because it was a political venture! It was “galvanizing” the political venture!

 

The “political venture” ICTY Trial Chamber shamefully endorses

As a reminder, the indictment against Seselj included “the participation in a joint criminal enterprise (JCE). The aim of the JCE was for the permanent forcible removal of a majority of the Croat, Muslim and other non-Serb civilian populations from parts of Croatia, BiH and from the province of Vojvodina in the Republic of Serbia. Acting alone and in concert with other members of the JCE, Šešelj is alleged to have participated in the recruitment, formation, financing, supply, support and direction of Serbian volunteers connected to the SRS and/or Serbian Chetnik Movement. He is also accused of having participated in the planning and preparation of the take-over of towns and villages in Croatia and in a number of municipalities in Bosnia and Herzegovina (BiH), and the subsequent forcible removal of the majority of the non-Serb population from those areas. In addition, he stands accused of having recruited Serbian volunteers connected to the SRS and indoctrinated them with his extreme ethnic rhetoric so that they engaged in the forcible removal of the non-Serb population in the targeted territories through the commission of crimes as specified in the indictment, with particular violence and brutality.

Finally, the indictment states that, in his inflammatory speeches, he instigated Serb forces to commit crimes, encouraged the creation of a homogeneous “Greater Serbia” by violence, and thereby participated in war propaganda and incitement of hatred towards non-Serb people…”

Vojislav Seselj early 1990's inciting to murder and ethnic cleansing in Croatia and Bosnia and Herzegovina

Vojislav Seselj
early 1990’s inciting to
murder and ethnic cleansing
in Croatia and Bosnia and Herzegovina

The crimes he was indicted for, he incited and called for, did actually occur and include:
• the deportation or forcible transfer of tens of thousands of Croat, Muslim and other non-Serb civilians from large areas in BiH, Croatia and Serbia (Croats living in Serbia/Vojvodina region in particular and Muslims in Kosovo region;
• the murder of many Croat, Muslim and other non-Serb civilians, including women and elderly persons, as well as the deliberate destruction of homes, other public and private property, cultural institutions, historic monuments and sacred sites of the Croat, Muslim and other non-Serb civilian populations in the municipality of Vukovar in Croatia, and in the municipalities of Zvornik, “Greater Sarajevo”, Mostar and Nevesinje in BiH;
• the torture, beating, robbery, sexual assaults, and perpetuation of inhumane living conditions against Croat, Muslim and other non-Serb civilians by Serb soldiers during capture and in the detention facilities;
• the direct and public denigration through “hate speech” of the Croat, Muslim aand other non-Serb populations in Vukovar Zvornik and Hrtkovci on the basis of their ethnicities

 

Would Adolf Hitler be acquitted?

This acquittal of Seselj of all charges, not even mentioning complicity and accessory to crimes, does cause one to conclude (as a colleague blogger Vladimir Lusic did) that (using this ICTY judgment as a precedent) Adolf Hitler would be found innocent of all charges also. Hitler also delivered loud and strong political speeches, talked about the greatness of the Third Reich, decided which ethnic group should live and which should die in the name of the Third Reich, held a gun at his waist from time to time…just like Seselj! Only Seselj didn’t have the Third Reich – for him it was Greater Serbia.
Evidence has it that Seselj did much more than engage in politics. His militia was widely feared as murderers, rapists and looters. In the Croatian war in 1991, Seselj said his men had used a rusty spoon to scoop out the eyes of their enemies, though he later claimed this was black humour.
When they marched into Vukovar in 1991, intent on murdering as many Croats as they could Seselj’s militia sang: “Slobo, Slobo, send us some salad, there will be meat we will slaughter the Croats” (Slobo meaning Slobodan Milosevic). And sure enough by 18 November 1991 Vukovar was ethnically cleansed of Croats and other non-Serbs and hundreds perished in genocidal mass murders – other places in Croatia and BiH soon suffered the same destinies.

 

And remember: all Croatia wanted to do was to secede from communist Yugoslavia!

1991 - Vojislav Seselj and Dragan Vasiljkovic lead the way to mass murder and ethnic cleansing in Croatia

1991 – Vojislav Seselj and
Dragan Vasiljkovic
lead the way to mass murder and ethnic cleansing in Croatia

Wide and serious worldwide ramifications for international justice

It’s not far fetched to say that the ICTY judges’ (who delivered such a judgment) reasoning will have wide and serious ramifications for the international justice. Such a judgment endorses all political “ventures” even those that incite hatred and mass murder and genocide… Will the coalition of allies dare to fight against IS in the Middle East from now on, for example?
The verdict already encourages nationalist Serbs to argue that their side did nothing wrong in the war. Jubilation in the streets of Belgrade and elsewhere has been ecstatic – the Serbs sentenced at The Hague so far for crimes against humanity, war crimes … do not seem to matter now! Serbian Republic political entity within Bosnia and Herzegovina, created on genocide for which Karadzic received 40 years imprisonment last week is now just about pronounced acceptable part of Greater Serbia! The arguments brought down by the majority judges at the ICTY in Seselj’s case will, without doubt, be matched by all political ventures throughout the world, no matter what gruesome destinies and sufferings they bring to innocent people.

 

The arguments have dumped the right to self-determination of every nation into the garbage bin.

Even if the ICTY Prosecutor, under Serge Brammertz, may have done a very sloppy job in Seselj’s case during and before the trial, as the judges might suggest, and this sloppiness may have been purposeful, the judgment is still outrageous and shocking. Let’s hope Brammertz’s team do some serious work on identifying grounds for an appeal against this judgment and if it doesn’t then Croatia and Bosnia and Herzegovina governments need to find those grounds, quick smart.

 

As Luka Misetic, US based attorney who represented Croatian General Ante Gotovina at the ICTY, reminds us: “There is little doubt about Seselj’s role in Joint Criminal Enterprise to create Greater Serbia by means of displacement of the non-Serb civilian population. This was already confirmed by the Trial Chamber in the Martic Judgment (Milan Maric, 2007, PDF), which at paragraph 446 found: ‘The Trial Chamber therefore finds that at least Blagoje Adzic, Milan Babic, Radmilo Bogdanovic,Veljko Kadijevic, Radovan Karadzic, Slobodan Milosevic, Ratko Mladic, Vojislav Seselj, Franko ‘Frenki’ Simatovic, Jovica Stanisic, and Captain Dragan Vasiljkovic participated in the furtherance of the above-mentioned common criminal purpose.’”
One finds it difficult to accept that the two out of three judges who delivered an exonerating verdict for Seselj seemingly decided to ignore the previous findings of its own Tribunal on the matter and is getting away with it.

In the Twitter words of Eric Gordy, a London based sociologist and reportedly very knowledgeable about war crimes in the Balkans, the Seselj verdict is “a great victory for bloated, violent lunatics everywhere.” Ina Vukic, Prof. (Zgb); B.A., M.A. Ps. (Syd)

Croatia: Renewed Aggression And Hatred From Serbia – Alarms

 

Vicious and Indicted Serb War Criminal  Vojislav Seselj Burns the Croatian Flag in Belgrade

Vicious and Indicted Serb War Criminal
Vojislav Seselj
Burns the Croatian Flag in Belgrade

It’s difficult to conclude that the renewed aggression against Croatia coming out of Serbia since the indicted war criminal Vojislav Seselj burned the Croatian flag last week is not politically connected to the announcement by Milorad Dodik, the president of the Serbian Republic (entity within Bosnia and Herzegovina/B&H, which has the 1995 massacre and genocide of Srebrenica as its cornerstone) regarding his plan to bring about at the end of April 2015 the declaration of the independence (from B&H) of the Serbian Republic. All this tells me, and I’m sure, many, that the Greater Serbia plan has not been shelved and sovereign nations affected by it (e.g. Croatia, B&H) must continue vigilance, as possibilities of renewed armed Serb-aggression, such as the one in early 1990’s, do seem to pose a risk.
Serbia did not succeed in its aggressive bid to try and stop secession from communist Yugoslavia of Croatia and B&H into independent states. However, in B&H, Serbs managed to hive off a part of that sovereign country as their enclave with their own local government. In Croatia, they lost completely – Croatian forces in 1995 “Operation Storm” liberated most of the Serb occupied and ethnically cleansed region (Krajina), and the rest was peacefully reintegrated into Croatia by the end of 1998. And everything they do politically points to the conclusion that Serbs cannot accept that; they cannot accept being a minority where they are a minority within a country.
Even though the International Criminal Tribunal for the Former Yugoslavia (ICTY) appellate judges had just over a week ago, 30 March 2015, ruled that the indicted war criminal Vojislav Seselj had violated the terms of his release and ordered him to return to ICTY custody, Vojislav Seselj and Serbia’s leaders (Seselj’s political mates during the 1990’s aggression against Croatia and B&H, Serbian ultranatiolists) seem unperturbed and have raised their hate speech and aggressive disposition to almost the levels that existed during the 1990’s war of Serb-aggression against Croatia and B&H .
While the sinister Milorad Dodik is announcing a declaration of Serbian Republic independence in B&H (in defiance of the 1995 Dayton Agreement, which had as its foundation a goal to keep B&H in one piece as a sovereign and independent state) Vojislav Seselj is burning the Croatian flag in Serbia’s capital Belgrade, in front of Serbia’s government house, and threatening that he will only come to Croatia in a tank, and armed! Meanwhile, Serbia’s minister for work Aleksandar Vulin has obviously in the name of Serbia’s government intensified his anti-Croat hate speech, calling Croatia’s 1990’s war hero and general, Ante Gotovina, an Ustashe General and promoting still the lie that some 200,000 Serbs were deported forcefully from Croatia in 1995, ignoring the ICTY Appeals court ruling that there was no forceful deportation of Serbs from Croatia. (Ustashe were members of the Croatian Revolutionary movement in the period 1929-1945 and are considered an ultra-nationalist and fascist formation.A similar group in Serbia, during the same historic period, was the Chetniks.)

 

 

As one might expect, Milorad Pupovac, a member of Croatian parliament representing the Croatian Serb National Council support this Greater Serbia “warrior” and continues equating the 1990’s Croatian War of Independence with the WWII efforts towards Croatian independence. Serbia’s president Tomislav Nikolic had said that stringent measures under the law would be taken out against the person burning Croatia’s flag in Belgrade – but guess what – it’s been over a week and Vojislav Seselj still walks the streets of Serbia instead of being rounded up by Serbia’s authorities to prevent any further criminal actions while the burning of the flag is processed, and, to ensure Seselj returns to the ICTY to face judgment on charges of war crimes perpetrated against Croats and Bosniaks in Croatia, Vojvodina and B&H. Tomislav Nikolic sees the ICTY order to have Seselj returned to Hague as pressure against Serbia! The fact that Seselj stands accused of most heinous crimes against humanity does not seem to factor one iota in Nikolic’s thinking on due justice!
Furthermore, Serbia’s foreign minister and another of Seselj’s political “mates”, Ivica Dacic, said that the ICTY decision to seek Seselj’s return was “perfidious and scandalous” and jeopardised the stability of Serbia and the entire region. Never mind the fact that victims of Seselj’s war crimes spree deserve justice!

 

 

The ICTY Trial Chamber has last week ordered the ICTY Secretariat to contact the medical team of Vojislav Seselj (in Serbia) as soon as possible and furnish the Chamber with the latest information about the health condition of the accused. Meanwhile, Serbia’s Prime Minister Aleksandar Vucic states that his government has no proof that Seselj is well again! I would have thought that organising public hate speeches, threatening Croatia, burning Croatia’s flag was proof enough that Seselj was quite well physically to be treated at medical facilities in the Hague for any physical ailment he may have and when it comes to his mental state – there’s ample proof that he needs to be behind bars as he is a danger to many innocent people!

To throw another element into the factor where Serbia will try everything and anything to avoid acceptance of its guilt for the horrible wars that ensued during the breakup of communist Yugoslavia, Serbia’s president Tomislav Nikolic has a few days ago announced that Serbia’s military forces would be marching in Moscow at the May celebrations of WWII victory! One may indeed raise ones eyebrows and ask: Why? This are the times when Serbia says it wants to join the EU and the EU is not in good terms with Russia, over Ukraine! Is Serbia giving up its plan to join the EU (its leaders’ political idol war criminal Vojislav Seslj says Serbia should not join the EU) or is Serbia, once again, intimidating the international community (EU) in order to, somewhat surreptitiously,  “bag” new acreage for Serbia – Serbian Republic in B&H – and get away with its denial of war crimes perpetrated during 1990’s?

 

 

As to Serbian plans to march in Moscow, Serbia’s political scientist Aleksander Pavic said that he believes that Serbia’s participation in the parade has a tremendous symbolic significance. “We are definitely part of the coalition [of victors], considering how many Serbs were killed in the Second World War. We had not one, but two anti-fascist projects, and we have the right to say that we were the first to rebel in a Europe enslaved by Nazism.” Pavic, like all Serbia’s leaders, have conveniently forgotten that Serbia’s WWII “rebellion” against Nazi enslavement came after Serbia under Milan Nedic exterminated, by May 1942, 94% of its Jews and became one of the first European countries to declare itself “Judenfrei” (Jew-free)! Serbia was like Russia during WWII: shouting to be anti-Nazi while murdering multitudes of innocent people! What a disgrace for humanity!

 

Although, last week Croatia had, after Seselj’s burning of the Croatian flag, called its Ambassador to Serbia back to Croatia for consultations it is of utmost importance that, within Croatia, some serious measures are put in place to protect the Croatian people and Croatia’s war veterans from Serb nationalist lies and the undermining of the sovereignty of Croatian state. Pressure might be on from the EU (and other parts of the world) to see neighbourly relations between Croatia and Serbia become more normal and moving towards reconciliation but this latest outpouring of hatred and lies against Croatia and the 1990’s War of Independence coming out of Serbia vividly demonstrate that Serbian and Serbs still do not see themselves as Croatia’s neighbours nor do they want to be neighbours – they still want a piece of Croatia for Serbia just as they want the same in Bosnia and Herzegovina! That is the ugly bottom line and the sooner the Croatian leadership acknowledge this truth publicly the better it will be for Croatia and its people; for democracy and freedom far and wide. Ina Vukic, Prof. (Zgb); B.A., M.A. Ps. (Syd)

Croatia v Serbia: ICJ Establishes Criminal Acts Of Genocide But Finds No Genocide Proven!

ICJ Room

ICJ Room

 

UN’s International Court of Justice (ICJ) chief judge Peter Tomka read the court’s judgment February 3, 2015 in the case for genocide, Croatia v Serbia and Serbia’s counterclaim, which dismissed (15 to 2) Croatia’s claim that Serb forces committed genocide during Croatia’s war of independence and dismissed (unanimously) Serbia’s counterclaim which claimed that Croatian forces during 1995 Operation Storm (which liberated Serb occupied Croatian territory) had committed genocide.

 

Criminal acts of genocide established but these do not constitute genocide by the court’s interpretation
Judge Tomka said Serbs and the Yugoslav People’s Army under Belgrade’s direction committed mass killings, sexual violence/rape, forcible displacement/ethnic cleansing of Croats (found by the court to constitute criminal acts of genocide) in the Eastern Slavonia, Western Slavonia, Banovina/Banija, Kordun, Lika and Dalmatia during the early 1990’s, but that Croatia had not proved genocide, which “pre-supposes the intent to destroy a group, at least in part“. Similar conclusions were made for the killings of Serbs that occurred during the fleeing of Serbs from Croatia after Operation Storm, although the latter were at a much smaller scale than those systematically committed by Serbs against Croats across Croatia over a prolonged period of time.
So, according to ICJ there was genocide but it was not genocide because no such intent was proven in accordance with ICJ standards of proof that would include “destruction of a whole people or significant part of a whole people”.

 

Croatia’s first president Franjo Tudjman vindicated
In relation to Serbia’s claim of genocide against Serbs during the 1995 Operation Storm Croatia’s first president Franjo Tudjman and his leading team have been vindicated in this judgment. In the ICJ Judgment article 504 it says: “….President Tudjman’s reference — on which Serbia places so much emphasis — to the aim of the Croatian forces being ‘to inflict such blows that the Serbs will to all practical purposes disappear’ must be read in context, and specifically in light of what immediately follows: ‘that is to say, the areas we do not take at once must capitulate within a few days’. Taken as a whole, that sentence is clearly more indicative of the designation of a military objective, rather than of the intention to secure the physical destruction of a human group”.

 

Attempts to create ethnically pure Greater Serbia involved forced deportation of Croats and other non-Serbs
The ICJ found without doubt is that the concept of creating Greater Serbia existed and within this frame multitudes of crimes were committed against Croats (and other non-Serbs) in Croatia – primarily war crimes, crimes against humanity. ICJ found that these acts do not represent the act genocide (as defined by the Genocide Convention) but Serbia did engage in aggression against Croatia and occupation of Croatian territory and the instruments for these were the Yugoslav People’s Army and Chetnik and other Serb formations, that everything was directed from Belgrade – people were killed and forcefully deported from their homes. Also, and very importantly, the ICJ has finally put a stamp on the 1995 Operation Storm as a legitimate military operation that liberated the Croatian occupied territory.

 

Excerpts from ICJ Judgment dated 3 February 2015
It’s worthwhile here to quote some articles from the ICJ Judgment dated 3 Fenruary 2015:
In Article 401 of the ICJ Judgment 3 February 2013 “The Court is fully convinced that, in various localities in Eastern Slavonia, Western Slavonia, Banovina/Banija, Kordun, Lika and Dalmatia, the JNA and Serb forces perpetrated against members of the protected group acts falling within subparagraphs (a) and (b) of Article II of the Convention, and that the actus reus of genocide has been established”.
403. Croatia contends that the crimes committed by the JNA (Yugoslav People’s Army) and Serb forces represent a pattern of conduct from which the only reasonable conclusion to be drawn is an intent on the part of the Serbian authorities to destroy in part the Croat group. It maintains that the Croats living in the regions of Eastern Slavonia, Western Slavonia, Banovina/Banija, Kordun, Lika and Dalmatia targeted by those crimes constituted a substantial part of the protected group, and that the intent to destroy the protected group “in part”, which characterizes genocide as defined in Article II of the Convention, is thus established.
426. According to the ICTY, the leadership of Serbia and that of the Serbs in Croatia, inter alia, shared the objective of creating an ethnically homogeneous Serb State. That was the context in which acts were committed that constitute the actus reus of genocide within the meaning of Article II (a) and (b) of the Convention. However, the conclusion of the ICTY indicates that those acts were not committed with intent to destroy the Croats, but rather with that of forcing them to leave the regions concerned so that an ethnically homogeneous Serb State could be created.
428. The Court therefore concludes that Croatia’s contentions regarding the overall context do not support its assertion that genocidal intent is the only reasonable inference to be drawn.
In simple words, even though Serbs carried out ethnic cleansing and mass killings (found by the same court to have been criminal acts of genocide) of Croats and other non-Serbs in Croatia this does not constitute genocide largely because Serbs did not in the act of ethnic cleansing go about killing everyone they locked into concentration camps or deported forcibly from their home!
As to Serbia’s claim that Croats committed genocide against Serbs during the 1995 Operation Storm in its Judgment, article 472. “The Court concludes from the foregoing that it is unable to find that there was any indiscriminate shelling of the Krajina towns deliberately intended to cause civilian casualties. It would only bein exceptional circumstances that it would depart from the findings reached by the ICTY on an issue of this kind. Serbia has indeed drawn the Court’s attention to the controversy aroused by the Appeals Chamber’s Judgment. However, no evidence, whether prior or subsequent to that Judgment, has been put before the Court which would incontrovertibly show that the Croatian authorities deliberately intended to shell the civilian areas of towns inhabited by Serbs. In particular, no such intent is apparent from the Brioni Transcript. Nor can such intent be regarded as incontrovertibly established on the basis of the statements by persons having testified before the ICTY Trial Chamber in the Gotovina case, and cited as witnesses by Serbia in the present case.
475. The Court concludes for the foregoing reasons that it has not been shown that “killing[s] [of] members of the [protected/Serbs] group”, within the meaning of Article II of the Convention, were committed as a result of the artillery attacks on towns in that region during Operation “Storm” in August 1995.
485. The Court’s conclusion is that killings (of Serbs) were in fact committed during the flight of the refugee columns (after Operation Storm ended), even if it is unable to determine their number, and even though there is significant doubt as to whether they were carried out systematically. These killings, which fall within the scope of subparagraph (a) of Article II of the Genocide Convention, constitute the actus reus of genocide.
515…Accordingly, the Court finds that it has not been proved that genocide was committed during and after Operation “Storm” against the Serb population of Croatia.
523…The Court encourages the Parties to continue their co-operation with a view to offering appropriate reparation to the victims of such violations, thus consolidating peace and stability in the region.

 

 
One cannot but draw a conclusion that this UN court (ICJ) has in this judgment failed humanity and the truth for all it did is provide a licence for mass killings to occur worldwide without the responsibility for genocide – if the “masses” killed fall a bit short of some numerical criteria the court sticks to and is obviously unwilling to consider re-visiting the definitions of genocide as they might fit better the modern world. This judgment only serves the utterly unfair political agendas that promote sharing of guilt and the equating of victim with the aggressor. This court decided to give its final ruling against genocide on the “forcibly deported” Croats not killed and ignore the Croat masses killed across Croatia in an obvious genocidal campaign that lasted for years, as well as masses tortured and raped in its definition of genocide. An ugly face of modern “justice” that is deeply unsettling. Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

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