Daily Archives: April 15, 2011

Yugoslavia Tribunal issues Gotovina judgment – discriminatory property laws deemed persecution

by Rhodri C. Williams

The International Criminal Tribunal for the former Yugoslavia (ICTY) today convicted two Croatian Generals, Ante Gotovina and Mladen Markač, and acquitted one, Ivan Čermak, of charges of crimes against humanity and violations of the laws or customs of war. The charges were related to crimes committed during the Operation Storm military campaign between July and September 1995, during which Croatian forces reasserted control over the breakaway Krajina region and displaced as many as 250,000 Croatian Serbs to Bosnia and Serbia.

The Storm campaign has been described both as the largest land offensive in Europe since World War II and as the single most egregious act of ethnic cleansing in the first round of fighting surrounding the breakup of the former Yugoslavia (the consecutive expulsions of Kosovo Albanians and Serbs in the 1999 Kosovo conflict would give it a run later). While I have not yet had time to read the full decision (which weighs in at hundreds of pages), the ICTY press release and summary of the judgment are more accessible and provide a picture of an important and sweeping ruling.

The Court appears to have taken further steps to shift the post-Cold War phenomenon of ethnic cleansing more clearly into the legal category of crimes against humanity involving persecution. In doing so, they have provided an important (and overdue) recognition of the central role that administrative confiscation and reallocation of property and homes play in consolidating such acts. Whether this ruling will have an impact on the somewhat murky negotiations now going on between Croatia and Serbia over compensation for the effects of these acts – in the form of the permanent loss of many Croatian Serb homes – is another question.

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