Tag Archives: cross-border

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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Land, power and identity in complex cross-border areas: Eastern DRC

by Chris Huggins

Around the world, there are a number of international border areas where governance is fuzzy and disputed, citizenship claims are complicated and contested, and economies are trans-boundary in nature. Due to the arbitrary nature of colonial boundary making, ethnic communities are divided by borders, so that loyalties as well as livelihoods are trans-national in character. Illegal resource extraction is endemic, and fortunes are made by the ruthless, even as the majority wallow in poverty. Many such complex border areas are either already in a situation of violent conflict, or at risk of conflict. Examples which have seen violence in recent decades include the Afghanistan-Pakistan border, the Thai-Cambodia border, and the Chad-Darfur border.

Geographical remoteness is one factor: such areas are physically far from capital cities, and there are often cultural differences between local communities and dominant elites in urban areas. The inhabitants are therefore seen as slightly ‘different’ from other regions, and often viewed with suspicion by the state. Due to this geographical remoteness, land is often under held under customary systems rather than the state land registry, and due to the frequency of cross-border movements, land rights can be disputed, as the citizenship of those claiming land and resources are disputed.

The Eastern border of the Democratic Republic of Congo (DRC) is one of these complex and challenging borderlands that is emerging, slowly, unsteadily and precariously, from violent conflict. The history of the DRC is a complex and largely tragic story, too complicated to summarize here. In terms of recent events: during and since the ‘two rebellions’ of the 1990s, which were largely engineered by Rwanda, Uganda, and other regional countries, the country (especially the East) has seen massive bloodshed, some of which is described in Shane Quinn’s recent guest posting on TN. The security situation started to stabilize across most of the country in the mid-2000s as a result of a sequence of peace negotiations. Nevertheless, parts of the East, especially North Kivu Province, remained unstable. While most non-state armed groups engaged in the peace process and were integrated into the government, several groups refused to integrate, and maintained de facto politico-military control over significant swathes of territory.

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