The Official Commemoration of the War Year 1991 in Croatia: Analysis and Recommendations

The document titled „Official Commemoration of the War Year 1991 in Croatia: Analysis and Recommendations“ provides an in-depth analysis of how Croatia officially commemorated the events of 1991, marking 30 years since the war began. Despite the fact it is almost three decades since the end of the conflict, the war remains a central element of the Republic of Croatia’s identity. The authorities place a significant emphasis on commemorating the start of the war, especially focusing on 1991.

REPORT ON WAR CRIMES TRIALS IN SERBIA DURING 2023

The HLC has monitored all war crimes trials conducted in the territory of Serbia in 2023, namely a total of 27 cases conducted before the War Crimes Departments of the Higher Court and the Court of Appeal in Belgrade. For each of the cases, the Report provides an overview of the proceedings and the HLC’s basic findings which are of public relevance. A large number of the war crimes cases covered by this Report have been ongoing for a several years, hence the previous HLC’s annual trial reports are also relevant for a full grasp of the course of the proceedings and the pertinent HLC findings.

The report focuses on the work of the Public Prosecutor’s Office for War Crimes (POWCP) and of the courts in those parts of the judicial proceedings open to the public, primarily by analysing the indictments and the judgments in each case. An analysis of the work of other bodies involved in the prosecution of war crimes – the War Crimes Investigation Service of the Serbian Ministry of the Interior (MUP), the Witness Protection Unit and others, cannot be undertaken in respect of the individual cases, as no information on their activities is publicly available.

Dossier: “Svetozar Andrić”

During the armed conflict in the territory of Bosnia and Herzegovina (BiH), Svetozar Andrić served as the commander of the 1st Birač Infantry Brigade of the Army of Republika Srpska (VRS), and, after July 1995, as the Deputy Commander and Chief of Staff of the Drina Corps of the VRS.

The evidence presented in this Dossier indicates that, from May 1992, when Andrić ordered the “expulsion of the Muslim population” from the Zvornik municipality and the establishment of the Sušica camp in Vlasenica1, members of the Birač Brigade, independently or in cooperation with other military and police units, committed numerous crimes in municipalities within the brigade’s zone of responsibility. The Dossier also presents evidence of Svetozar Andrić’s role in the genocide committed in Srebrenica in July 1995.

Ready for Memory Wars: The Case of the HOS Memorial Plaque in Croatia

This paper focuses on Croatia and the use of hate speech and controversial symbols for the maintenance of symbolic boundaries, the reinforcement of a one-sided version of the past, and the mobilization of voters. The presence and use of the Ustaša salutation, “Ready for the Homeland” (Za dom spremni – ZDS) is a consistent example of those tendencies. In recent years, the salutation has become increasingly intertwined with the legacies of World War Two and the 1990s Croatian War of Independence, while simultaneously reflecting the rise of nationalism and radical-right parties and movements in Croatia as well as abroad. The paper presents insights into the ways ZDS is used to reify national identity, while centering around some of the main actors perpetuating this dynamic, such as politicians and war veterans. Accordingly, it focuses primarily on the case of the memorial plaque erected in 2016 by former members of the Croatian Defence Forces paramilitary unit, which included the ZDS salutation. At one point threatening to topple the government, the case demonstrates how the salute is used to maintain the dominant narrative of the Homeland War.

REPORT ON WAR CRIMES TRIALS IN SERBIA DURING 2022

The HLC has monitored all war crimes trials conducted in the territory of Serbia in 2022, namely a total of 25 cases conducted before the War Crimes Departments of the Higher Court and/or the Court of Appeal in Belgrade.

The Report provides a brief overview of the proceedings and of the HLC’s basic findings in respect of cases which are of public relevance. A large number of the war crimes cases covered by this Report have been going on for a number of years now, so that previous HLC annual trial reports are also relevant for a full grasp of the course of the proceedings and the pertinent HLC findings.

The report focuses on the work of the Office of the War Crimes Prosecutor (OWCP) and of the courts in parts of the judicial proceedings open to the public, primarily by analysing the indictments and the judgments in each particular case. An analysis of the work of other bodies involved in the prosecution of war crimes – the War Crimes Investigation Service of the Serbian Ministry of the Interior (MUP), the Witness Protection Unit and others, cannot not be undertaken in respect of the individual cases, as no information on their activities is publicly available.

Material reparations in proceedings for damages – The practice of courts in Serbia 2021 – 2022

For a long time, the Humanitarian Law Center (HLC) has been publishing reports on the exercise of the right to compensation for victims of war crimes, through civil proceedings conducted before the courts in Serbia. The last such report covered the period from 2017 to 2020 and was presented to the public in 2021.  This report covers the period from 2021 to the end of 2022.

The obligation of the Republic of Serbia to provide redress to victims of human rights abuses, including in the form of adequate material reparations, remains unchanged. The harm inflicted on individuals and their family members implies the duty of the wrongdoer, the Republic of Serbia in this case, either to remove its harmful effects or to provide the victims with adequate redress.  30 years since the outbreak of the armed conflicts in the territory of the former Yugoslavia, the Republic of Serbia has not yet fully met this obligation. The political will to face and accept responsibility for past crimes and provide redress to all victims is still absent. As a result, the victims and their family members are forced to pursue their compensation claims through lengthy, costly and often uncertain civil litigation before the courts in Serbia.

(srpski) Mediji i revizionizam o ratovima devedesetih u Srbiji – izveštaj i diskusija

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Media and Revisionism about the 1990s’ Wars in Serbia

Following the regime change in 2012, the new authoritarian regime under the Serbian Progressive Party (SNS) put memory politics high on its political agenda. The revisionist history of the 90s’ wars now constitutes the primary source of its political legitimization. At the same time, the new government established a firm grip over media, leaving a few independent outlets still critical of the new memory politics. A majority of mainstream media operate in symbiosis with the regime, actively contributing to the new revisionist narrative. These narratives are further supported and accelerated in tabloid and alternative media, offering an even more radicalized version of the past. In such a mediascape, actors working on critical memory are limited to a few independent media outlets. At the same time, they are under constant threat from the regime and tabloids alike.

Dossier: “Serbian Volunteer Guard”

The crimes committed by the Serbian Volunteer Guard (SDG/the Guard), a group formed by Željko Ražnatović (Arkan), and its links with the Serbian police, military and political establishment, were an integral part of the indictments of the ICTY’s Office of the Prosecutor against Slobodan Milošević, Goran Hadžić, Jovica Stanišić and Franko Simatović.

The trials of Milošević and Hadžić were terminated because they had died before the judgments were passed, but witness statements and evidence presented during the trials contain a wealth of materials about the activities of the SDG. In addition, the ICTY’s Office of the Prosecutor filed an indictment against SDG commander Željko Ražnatović aka Arkan for crimes committed in the area of Sanski Most. In the trial judgment following the retrial of Stanišić and Simatović, the Trial Chamber of the International Residual Mechanism for Criminal Tribunals (MICT) established that the SDG was involved in murders, persecution and forced displacement in the area of the so-called Serbian Autonomous Region of Slavonia, Baranja and Western Srem (SAO SBZS) in 1991 and 1992, in Bijeljina and Zvornik in 1992, and in Sanski Most in 1995. Nevertheless, not a single member of the SDG has been prosecuted for these crimes to date.

Remembering the 2001 Armed Conflict in Macedonia: Modes of Commemoration and Memorialization

This paper discusses the strategies of commemorating and memorializing the armed conflict in North Macedonia since its formal ending in August 2001. It argues that there are two prevailing modes of remembering the 2001 conflict in post-conflict Macedonia, which match the domains of the two largest ethnic communities in the state, the Macedonian and the Albanian. Observation of annual developments, however, demonstrates that commemorative practices within the two domains are not as uniform as they might seem.