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The Milosevic trial
Pro-western Bosnian Serb leader given exceptional treatment
By Paul Mitchell
16 January 2003
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The favourable treatment given an indicted Bosnian Serb war
criminal underscores the hypocrisy of western claims to be upholding
standards of international justice at The Hague.
In 2000, the International Criminal Tribunal for the former
Yugoslavia (ICTY) indicted former vice president of the Republika
Srpska (RS) Biljana Plavsic for her role during the 1991-92 civil
war in Bosnia-Herzegovina. The charges included genocide
and complicity in genocide; crimes against humanity (five counts:
extermination; murder; persecution on political, racial and religious
grounds; deportation and inhumane acts); a grave breach of the
Geneva Convention (wilful killing) and violation of the laws or
customs of war (murder).
In December 2002 Plavsic pled guilty to the charge of political,
racial and religious persecution and the remaining charges were
dropped. Tribunal judges will issue a sentence this month. Defence
lawyers are arguing for eight years imprisonment rather than the
usual life sentence.
Several international politicians appeared in court as character
witnesses for Plavsic, including Carl Bildt, former Swedish prime
minister, co-chair of the Dayton Agreement (that ended the Bosnian
civil war in 1995) and High Representative in Bosnia and the current
pro-western RS Prime Minister Milorad Dodik.
More extraordinary was the appearance of Madeleine Albright,
former US secretary of state, as a common witness (for the defence
and prosecution) and US diplomat Robert Frowick, former head of
the Bosnia mission of the Organisation for Security and Cooperation
in Europe (OSCE), as a defence witness.
Albright told the hearing that Plavsic was someone who
changed tremendously for the good during the difficult history
of Bosnia and Herzegovina. She clearly was a member of the Bosnian
Serb leadership in the early days of the conflict. Over the months
she not only broke with the others, but she also became instrumental
in the implementation of the Dayton Agreement. It can be said
unequivocally that without her support we would not have accomplished
all that we did.
The current US administration has refused to ratify the International
Criminal Court and previously prevented US citizens from testifying
at the ICTY (in the event a precedent is set for its own officials
being charged with war crimes). It endorsed Albrights appearance
in this instance, however, because it is keen to bring the ICTY
proceedings to a speedy end and prevent a full exposure of Americas
role in the Balkans conflagration.
Although Plavsics guilty plea has effectively blocked
full details of her dealings with US officials from coming to
light during the trial, there is no doubt she was a key asset.
In the 1970s Plavsic spent two years in the US on a Fulbright
scholarship, mixing in Serb nationalist and Christian Orthodox
émigré circles. On her return to Bosnia, she became
dean of the Sarajevo University Faculty of Sciences and Mathematicsan
usual post for someone who had refused to join the Yugoslav Communist
Party.
Indeed Plavsic spoke openly of her anticommunist and pro-monarchist
sentiments, praising Second World War Chetnik fascist leader Dragoljub
Mihailovic for his efforts to cleanse the future united
Serb lands of all enemies of Serbdom and Orthodoxy, as well as
of anti-national elements (Srbija, September 1992).
Plavsic was a co-founder of the Serbian Democratic Party of
Bosnia and Herzegovina (SDS) in 1990 and for the next two yearsthe
period covered by the indictmentshe was a member of the
collective Presidency and served as president of the Council for
Protection of the Constitutional Order overseeing the intelligence
services.
During the disintegration of Yugoslavia along ethnic lines,
the SDS campaigned for the creation of a separate Serb territory
in Bosnia. In 1991 the SDS proclaimed a Serb Autonomous Region
and four Serb Autonomous Districtsthe Serbian Republic
of Bosnia and Herzegovinaand set up a separate Bosnian
Serb Assembly.
In May 1992 the Assembly formed an army commanded by Ratko
Mladic, indicted for genocide by The Hague, and Plavsic regularly
toured the frontlines during the Bosnian conflict hailing Mladic
as a national hero. She has also described the former paramilitary
leader Arkan, who committed some of the worst atrocities of the
Bosnian civil war, as a Serb hero. Hes a real Serbthats
the kind of men we need ( On, November 1996).
Plavsic openly boasted of her extreme nationalism, deriding
Muslims as genetically deformed material that embraced Islam
(Svet, September 1993), and denouncing the then Yugoslav
president Slobodan Milosevic as a traitor to the Serbs who had
surrendered Kosovo [to the Kosovar Albanians]. She
also condemned Milosevic for trying to get her to sign the first
Bosnian (Vance-Owen) peace plan and then because he signed the
Dayton Agreement.
At the time, Plavsic was the trusted ally of Radovan Karadzicalso
wanted by The Hagueserving as the war-time Bosnian Serb
leaders vice president until 1996 and then nominated by
him as Republika Srpska president when he stood down.
Contrary to Albrights testimony, Plavsic never changed
her aim of a Greater Serbia. Rather she became convinced that
this was only possible by cooperating with the US-brokered Dayton
Accord that had partitioned the former Yugoslav republic into
two ethnically based entitiesthat of the Federation of Bosnia-Herzegovina
(the Moslem-Croat alliance), and the RS.
One of Albrights first acts as Clintons newly appointed
secretary of state was to meet Plavsic in June 1997, where she
warned her that future economic aid and political backing to the
RS depended upon full implementation of the accord. What they
agreed has never been made public, but the events that followed
have all the characteristics of a coup détat encouraged
by the high-level US representativesincluding US Senator
Joseph Biden and Special Envoys Richard Holbrooke and Robert Gelbardwho
flocked to Bosnia in the following weeks to back Plavsic.
Within a month, Plavsic had launched an offensive against her
former associates Karadzic and Momcilo Krajisnik, who opposed
the Dayton Accord, using the pretext of a campaign against corruption.
Plavsic suspended the Assembly and called for new elections. Acting
on secret indictments from the ICTY, British special forces arrested
Plavsics opponents. The new High Representative Carlos Westendorp
ordered NATO troops to replace police chiefs loyal to Karadzic
and hand over pro-Karadzic TV stations to Plavsics supporters.
Rallies by Karadzics supporters were banned and only OSCE-approved
candidates were eligible to stand for election. Millions of dollars
were given to municipalities loyal to Plavsic. The Western-backed
Milorad Dodik was voted prime minister after opposition members
had left, following the assemblys adjournment. NATO troops
surrounded the assembly to ensure a peaceful transition.
Planned presidential elections were delayed.
David Binder in the Washington Times (August 29, 1997)
was moved to point out, Mrs. Plavsic could not possibly
win Republika Srpska elections unless they were rigged by the
United States; she has virtually no constituency and no party
organisation.
In December 1997, Clinton also met with Plavsic. Clinton reported
later that they had held a very open discussion about the
situation which she faces in Republic of Srpska and the importance
that we place on her support and implementation of the Dayton
process and the work that she is doing.
Soon thereafter media reports suggested that the ICTY had cancelled
a warrant for Plavsics arrest. The ICTY Prosecution issued
the clearest possible statement that Biljana Plavsic has
never been indicted by this Tribunal nor has any warrant of arrest
ever been issued by this Tribunal for her arrest and rejected
the suggestion that the Tribunal and its prosecutor were influenced
for political reasons to withdraw a warrant of arrest in respect
of Biljana Plavsic.
Albright visited Bosnia again in August 1998 to give her support
to Plavsics presidential election campaign. Again, candidates
were disqualified by OSCE supervisors and bribes offered. Albright
toured an electrical power station with Plavsic and Dodik reminding
Bosnias voters that they relied on electricity supplied
by US aid and promised $100 million more in aid if they voted
the right way.
However, Plavsic suffered a resounding defeat in the elections
by the Serbian Radical Party candidate Nikola Poplasen, and further
defeats in local elections in April 2000 forced her resignation.
In January 2001, ICTY officials announced that Plavsic had
voluntarily surrendered after receiving a signal ... from
United States and British diplomatic circles in Bosnia that
the tribunal had issued a secret warrant for her arrest the previous
year. At her first appearance in The Hague Plavsic pled not
guilty on all counts.
Prosecutors stressed there had been no negotiations,
except over the technical and logistical details of surrender
and any deal such as plea-bargaining was not an option open
to them.. However, Plavsic left the United Nations detention
unit in September 2001 after several closed court sessions and
returned to Serbia on bail.
Plavsics favourable treatment stands in sharp contrast
to that handed out to Milosevic, despite their similar nationalist
backgrounds. Although Plavsic had previously said she would not
testify against Milosevic her statement in court in December implicated
the former president in the central charge the prosecution have
been trying to prove against himthat he masterminded the
campaign of ethnic cleansing in the Balkans. Plavsic told the
court that the ethnic separation of the peoples in Bosnia
and Herzegovina was planned and executed in cooperation with the
authorities of Serbia by permanent and forced removal of non-Serbs,
including numerous crimes, from the territories the Serbs considered
their own.
Whilst blaming others for ordering such crimes, Plavsic admitted
to the tribunal that she had known of the ethnic cleansing directed
against non-Serbs, but at the time I convinced myself that
this [was] a matter of survival and self-defence.
Albright also told the tribunal that obviously, she [Plavsic]
was involved in horrendous things during the Balkans conflict
but praised her role in upholding the accord.
The Hague supported such reasoning. Announcing that it would
drop the more serious charges against her, Judge Richard May remarked,
Very well. The position is this: Mrs. Plavsic, were
going to take a wholly exceptional course in your case because
these are wholly exceptional circumstances.
When it comes to human rights abuses, exceptions are indeed
made for those who have shown their willingness to act as loyal
appendages of NATO foreign policy.
See Also:
Behind the Milosevic
trial: the US, Europe and the Balkan catastrophe
[4 July 2001]
Milosevic trial: Croatias
President Mesic gives evidence
[1 November 2002]
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