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Bosnian Serbs “Were Breaking” Bosnia and Herzegovina

26. August 2013.00:00
While cross-examining Defence’s expert in history Robert Donia, Ratko Mladic’s Defence says that the referendum on independence of Bosnia and Herzegovina in February 1992 was “unlawful and anti-constitutional”, because it was conducted despite opposition by Serbs, as one of the constitutional peoples, and violated the constitutional prohibition of outvoting based on ethnic grounds.

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American historian Donia rejected it, saying that the referendum based on a “one man – one vote” principle, as a condition for recognizing the independence of Bosnia and Herzegovina, was enacted by the Badinter Commission on behalf of the then European Community, EC, taking into consideration the Serbs’ objection, which was expressed through an ethnic plebiscite organised in November 1991.

Mladic’s Defence attorney Branko Lukic said that that particular fact showed that the EC had “double standards” and that the EC had “known, in advance”, what the outcome of such a referendum would be and that Bosnian Serbs would be outvoted again.

The Prosecution’s expert responded by saying that the EC tried to “re-introduce order” in the process of independence of republics in the former Yugoslavia according to the majority voting principle.

Mladic, wartime Commander of the Republika Srpska Army, is charged with genocide in Srebrenica and seven other Bosnian municipalities, persecution of Muslims and Croats throughout Bosnia and Herzegovina, terror against civilians in Sarajevo by long-lasting shelling and sniping and taking UNPROFOR members hostage.

Mladic’s Defence said that Bosnian Serbs could not have been “separatists”, as Donia called them, because they wanted to stay in the then Yugoslavia.

However, Donia stuck to his allegation that Bosnian Serbs actively worked, via the Serbian Democratic Party, SDS, on the break up of Bosnia and Herzegovina.

Lukic then asked how could somebody, who wanted to stay in some country, be called a separatist. Donia responded by saying that, on the eve of the war Muslims and Croats had an aspiration towards the independence of Bosnia and Herzegovina, while Serbs had an intention to separate from such Bosnia and Herzegovina.

The witness said that the Serbian side’s “primary goal” was to “stay in Yugoslavia together with Muslims and Croats” within Bosnia and Herzegovina. According to the witness’ testimony, the separation from Bosnia and Herzegovina, as an independent country, was their secondary goal, when the survival of Yugoslavia became impossible.

The aspiration towards the independence of Muslims and Croats “enhanced” the “separatist” intentions of Bosnian Serbs, the witness confirmed responding to a Defence’s suggestion.

When it comes to the position of Serbs in Sarajevo, Donia rejected Lukic’s allegation that they were not allowed to leave the city and that they were “used as human shields, that they had to dig trenches, that they were robbed and killed randomly.”

Donia explained that Serbs, who wanted to leave the city, could do it, albeit under “significant obstacles”. “Out of 150,000 Serbs, who lived in Sarajevo prior to the war”, “between 20,000 and 60,000 Serbs” stayed in Sarajevo at the end of the conflict, Donia said.

Mladic’s Defence said that, without any reason and contrary to an agreement, Muslim forces attacked a JNA convoy, while it was withdrawing from the military barracks in Tuzla, and “killed and burnt” children, “18-19 year old recruits”.

Denying the allegation, Donia suggested that not even the Belgrade trial against Tuzla official Ilija Jurisic determined who had provoked the incident. However, he did confirm that, according to various sources, between 34 and 47 soldiers were killed on that occasion and that he had not heard of any victims on the Muslim side.

Mladic’s Defence attorney is due to complete the cross-examination of Donia on Tuesday, August 27.

The Defence requested the Court again to reduce the work week from five to four days due to Mladic’s illness. The Trial Chamber is due to render a decision concerning this proposal at a later stage.

The trial was interrupted last Friday, because, as said by Defence attorney Lukic, the right side of Mladic’s body “became numb” due to low blood pressure. Judges rejected a previous request by the Defence to reduce the number of working days per week.

Radoša Milutinović


This post is also available in: Bosnian