|Croatian generals are not guilty
|By Nenad N. Bach and Darko Žubrinić |
Human Rights , Science , History
In August, 1995, the Croatian Army liberated large sections of its territory
Originally published March 12, 2011
Published by the Croatian Cultural Council, Zagreb 2011
| |The book is available online: [PDF]
"JOINT CRIMINAL ENTERPRISE" – What is that?
Milan Vuković, 11
PARADOXES AND ABSURDITIES OF THE HAGUE INDICTMENT
Nedjeljko Mihanović, 15
HISTORICAL AND POLITICAL ASPECTS OF THE ACTIVITY OF THE HAGUE TRIBUNAL
Josip Jurčević, 19
ICTY- HOW THE PROSECUTOR TAMPERED WITH THE TRUTH
Višnja Starešina, 23
CROATIA AND THE ICTY: POLITICS OR JUSTICE? – A BRITISH PERSPECTIVE
Robin Harris, 27
THE TRUTH IN CHARGES BEFORE THE TRIBUNAL FOR THE FORMER YUGOSLAVIA
Željko Horvatić, 33
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA – THE SECRET PROJECT OF THE POWER ELITE
Edward Slavko Yambrusic, 39
ABOUT THE CIRCUMSTANCES OF THE ORGANISED DEPARTURE OF THE ETHNIC SERB POPULATION DURING THE "STORM" MILITARY AND POLICE OPERATION IN AUGUST 1995
Nikica Barić, 41
MY WORK IN THE OFFICE FOR DISPLACED PERSONS FROM AUGUST TO NOVEMBER 1995.
Adalbert Rebić, 45
CONSTITUTIONAL AND LEGAL FRAMEWORK OF COOPERATION WITH ICTY
Bosiljko Mišetić, 49
IS THE HAGUE TRIBUNAL INTERESTED IN THE COMPLETE AND OBJECTIVE PICTURE OF THE EVENTS OF THE PAST WAR?
Mile Bogović, 53
ANALYSIS OF EVENTS LEADING TO THE MILITARY-POLICE OPERATION "STORM"
Miroslav Međimorec, 57
INTERNATIONAL COURT IN THE HAGUE – LAW, JUSTICE AND POLITICS
Goran Granić, 63
THE HAGUE COURT AND THE "JOINT CRIMINAL ENTERPRISE"
Lujo Medvidović, 67
THE HAGUE TRIBUNAL'S DOCTRINE ON JOINT CRIMINAL ENTERPRISE AND UNIVERSAL VALUES
Miroslav Tuđman, 69
WAR-MONGER WITHOUT INDICTMENT
Hrvoje Kačić, 73
POWERFUL WEAPON OF THE OPPONENTS OF THE CROATIAN STATEHOOD
Mate Kovačević, 79
Josip Jović, 81
IN THE WHIRLWIND OF POLITICAL INTRIGUE
Mate Ljubičić, 85
POLITICAL GAMES SURROUNDING (ABOUT) OPERATION STORM
Marko Barišić, 89
THE HAGUE TRIBUNAL AND ITS JOINT CRIMINAL ENTERPRISE
Academician Josip Pečarić, 93
"JOINT CRIMINAL ENTERPRISE" IN HAGUE'S INDICTMENTS AND THE INFLUENCE OF SUCH AN APPROACH ON THE PROCEEDINGS FOR WAR CRIMES CONDUCTED BY CROATIAN COURTS
Ankica Luetić and Zoran Mimica, 95
An article from the book:
WAR-MONGER WITHOUT INDICTMENT
by Hrvoje Kačić, PhD
Considering the continuous and repetitive application of the criminal-law concept of so-called command responsibility, it is truly beyond comprehension that the chief of the General staff of the so-called Yugoslav People's Army (JNA) has not so far been processed, i.e. fallen under indictment by the Hague tribunal. Apart from avoiding his prosecution, not a single general of the JNA General staff, which had complete command responsibility for all land, air and sea operations of the Yugoslav army, has been indicted by the Hague tribunal.
It is hard to understand above all that this undeniable omission by the Tribunal should apply to the criminal activities of General Blagoje Adžić, who was head of the General staff of the JNA with headquarters in Belgrade from the beginning of the aggression on Croatia to the middle of May 1992.
General Adžić had demonstrated his war-mongering and aggressive attitude in front of 150 of his subordinate colonels and majors in a speech delivered on July 5, 1991, at the Military Academy in Belgrade, entitled "We lost the battle but not the war," which speech was published in the media, although not in full.
I quote only a few statements and commands from this aggressive war directive:
- the multiparty system brought nations into conflict...
- there is a threat of external intervention by Germany, Austria, Hungary, and Czechoslovakia...
- traitors should be killed on the spot without mercy or reflection...
- we have to use fear to force the enemy to capitulate, so from now on use all your powers and open fire on anyone who opposes our activities...
- finally, comrades officers, I demand that in carrying out these tasks to completion you use all your knowledge to further the ideals of the October revolution and to fight for Yugoslavia...
General Adžić was directly involved in the aggression and destruction of Vukovar and Dubrovnik. His involvement is beyond doubt also in the action of MiGs from the Bihać airport against the inner city region of Zagreb on October 7, 1991. One should also take into account the shooting down of the EC helicopter by two MiG jets at the beginning of January 1992, when four Italians and one Frenchman were killed, who were part of the observation mission of the European Community. Emir Šišić, who was the pilot of the MiG 21 involved, was processed by a court in Rome. (He received a 15-year jail sentence.) There is no question this pilot did criminally down and kill five EC representatives/monitors, but why has the guilt of those criminals who gave the orders for the operation been ignored? The orders to scramble that MiG came from Belgrade, straight from the top military command of the JNA. Given the very sharp reaction of the world public opinion to this criminal act, the erstwhile defense secretary in the Yugoslav government general Veljko Kadijević publicly announced that he would start an investigation to find those responsible for the downing of the EC helicopter. Because of this statement, minister Kadijević was deposed, formally by tendering his written resignation on January 7, 1992, while the protagonist of that removal was precisely Blagoje Adžić, who remained the principal and most responsible person in the command structure of the JNA.
As an example of the Hague tribunal's failure to demonstrate in court the proofs of aggression of Serbia against Croatia, we can point to the way it treated the so-called RAMproject, as it was applied in the process against Slobodan Milošević. An editorial in the weekly "Vreme" claimed this plan was no fiction, but involved the demarcation of Serbia's western borders.
It is truly upsetting to realize that the RAMproject, as published in the weekly "Vreme" in September 1991, has been used in the discovery proceedings against Slobodan Milošević as if it had nothing to do with Croatian territory, but only in relation to the preparations of the aggressive attack of Serbia against Bosnia and Herzegovina, when it is obvious from the appended transcript of a telephone conversation between Milošević and Karadžić that they discussed the bombardment of Croatian territory.
Namely, in the taped telephone conversation Milošević informed Karadžić that all the necessary weapons would be provided by Uzelac, who was the commander of the Banja Luka military district at the time. Karadžić is literally demanding a bombardment, to which Milošević answered that "today is not a good day for the air force because the EC is in session"...! This conversation took place in mid-September 1991, in other words during the military operations against Croatia, while the aggression of Serbia against Bosnia and Herzegovina took place only in the spring of 1992.
Nevertheless, two witnesses, Vojislav Jovanović, who was Serbian Minister of Foreign Affairs in 1991, and Smilja Avramov, advisor to the same minister, bore false witness before the Hague tribunal that RAMwas a preparation of an attack on Bosnia and Herzegovina. A similar false statement was made before the Tribunal by a further witness, a so-called "Croatian cadre."
In the introduction to the news-magazine's commentary of that document the following was noted: "Reliable sources reveal to "Vreme" that RAM is no fiction. Concretely, RAM is a project to delimit the western borders of Serbia, to create the framework for some new Yugoslavia in which all Serbs would live on their territories in a common state. These sources claim that dr. Karadžić is in consultation with the generals. There are close contacts between the leaderships of the Krajinas, the Bosnian and the Knin one, and the top of the army, which is fulfilling all their wishes. The JNA has absolutely aligned itself with the Serbian sides, so that officers are being told what is to be conquered."
I should mention at this point that I have personally delivered a photocopy of the Belgrade weekly "Vreme" in a plenary session of the Conference on Yugoslavia in The Hague on September 26, 1991. In numerous resolutions of the UN Security Council, sharp rhetoric was directed at Serbia and Montenegro, with sanctions imposed against them since May 1992. However, the use of their armed forces in the attack on Croatia was never qualified as aggression.
The Hague tribunal proceeded in the same way. The only explanation for such behavior is an attitude to avoid determining which state was the aggressor and which the victim, with the purpose of equalization of guilt for all suffering, loss of life, and devastation. The Badinter arbitrage committee, founded by the European Community (and whose establishment was accepted by the erstwhile federal government and all six republics), did stipulate that Croatia and Slovenia have acquired statehood on September 7, 1991, and from this date on Croatia and Slovenia have been independent and sovereign states under international law.
Attention should be drawn to the proceedings against Admiral Miodrag Jokić, the commander of the southern maritime district, before the Hague tribunal. It is impossible to explain, or to justify, the omissions and absence of objective procedure in raising the indictment against this admiral.
I have asked Admiral Jokić in front of diplomatic corps dignitaries to declare himself and admit the cardinal lie, which was signed by Dragutin Zelenović, then prime minster of Serbia, in the name of the Serbian government in an official dispatch to the Croatian government dated October 10, 1991, with the statement, I quote: "In its session of October 4, 1991, the Government of the Republic of Serbia was informed of the dangers threatening the population and town of Dubrovnik, which is part of the history of the Serbian and Croatian people, as well as a magnificent monument of world cultural heritage."
This document presents evident proof that the aggression on Croatian territory was carried out with the connivance and in the name of the Government of the Republic of Serbia. There is no record that this evidence has been used in the criminal proceedings against Slobodan Milošević, while no indictment against the Serbian prime minister was raised.
Admiral Jokić had appeared voluntarily before the court, so his indictment was narrowed in plea bargaining, given that he had admitted guilt and made a statement expressing sincere regrets for the bombardment and devastation of Dubrovnik.
The justification of the Hague tribunal's ruling cites "sincere regret" and admission of guilt, while the court documents repeat on many occasions that there were two dead ("two victims") and three wounded on that day. However, the outcome of the JNA attack in the Dubrovnik region on that day was 19 dead and more than 60 wounded. During the period Miodrag Jokić was commander of the so-called southern maritime region, which encompassed Dubrovnik, there were more than 250 victims.
Defense witness Marjan Pogačnik, retired admiral, testified in the proceedings against Admiral Jokić before the Hague tribunal that "Miodrag Jokić was always promoting the full equality of all nations and ethnic groups, and that was his fundamental approach, and he never expressed any nationalistic views." (Appendix 3.)
The court accepted this deposition as the truth, even though the Titograd daily "Pobjeda" published a large photograph of Admiral Miodrag Jokić in November 1991 (and this was specially reproduced in a monthly edition of the then-leading daily in Montenegro under the tendentious title "WAR FOR PEACE"), under which one can literally read the following: "It is not far-fetched to assume that the ustashi, who do not abide by any values, except their own skin, will destroy old Dubrovnik themselves, merely to accuse the JNA of that misdeed." This document was also not used in the proceedings against Admiral Jokić, and many of the conclusions reached were in contradiction with the real facts. In order to protect the endangered population, the Security Council of the UN decided in 1992 to establish UNPA zones in Croatia and B&H. Given the experience with escalation of violence, which began in Kosovo in the mid-eighties, this intention was implemented by establishing so-called "Protected Areas."
Representatives of the international community decided, based on past experience, that certain areas and towns qualified for a higher level of protection than "Protected Area," because they were under greater threat. For this purpose the UN SC defined so-called "Safety Zones." Thus it passed Resolution 819 on April 16, 1993, establishing the Safety Zone of Srebrenica. Finding this decision useful and necessary especially for the protection of the civilian population, some weeks later Resolution 824, passed on May 6, 1993, established UN Safety Zones in Bihać, Sarajevo, Žepa, Goražde and Tuzla. Protection in these established safety zones was due to be provided by military forces of the UN. As is known, in establishing the mandate of UN military forces in Croatia and Bosnia theUNrequired a cease-fire agreement between all parties in conflict as a precondition, i.e. the mandate was "peace-keeping," the continuation of a peace already established. Croatia really did save Bihać, and Cazin, and Goražde. Obligations undertaken by UNPROFOR troops were factually carried out by Croatia, thus preventing even more tragic consequences than the ones which already occurred.
Croatian Army operations put an end to the suffering of the exhausted population of the so-called safety zones of Bihać and Goražde, which incidentally also repaired the tarnished reputation of the UN and improved the position of many erstwhile UN functionaries. Foreign diplomats estimated at the time that Croatian protection of Bihać saved tens of thousands of people from massacre. Why Tadeausz Mazowiecki is not being invited as a witness in the criminal proceedings before the International War Crimes Tribunal for the Region of Former Yugoslavia, or why at least the last 3 or 4 of his eighteen reports are not submitted to the court as documentary evidence? These proofs would certainly contribute to rejecting the qualification of "Storm" as "criminal enterprise." All representatives of Croatia should finally understand it is their duty to demonstrate to the world, and especially to the members of the European Community, that precisely THE CROATIAN MILITARY-POLICE OPERATION "STORM" CARRIED OUT THE OBLIGATIONS PREVIOUSLY UNDERTAKEN BY THE SECURITY COUNCIL OF THE UN.
Croatia is obliged to cooperate constructively with the Hague tribunal, but this does not mean one should tolerate omissions of facts and proofs which are beneficial to us. Croatian representatives in various institutions of the international community are obliged to resist any attempt to qualify "Storm" as a criminal enterprise, because that is a glaring example of blanket criminalization.
Namely, it is our duty to establish that in those circumstances Croatia and Bosnia-Herzegovina signed the so-called Split agreement, on July 22, 1995, by which the neighboring state affirmed that Croatia could undertake military operations on B&H territory in order to prevent violence perpetuated by Serbian paramilitary units. In that dramatic state and circumstances, Tadeusz Mazowiecki, special envoy of the EC and UN for human rights on the territory of former Yugoslavia, who spent two years and eleven months on the territory of Bosnia and Herzegovina, and also in various regions of Croatia, Macedonia, and Serbia, respecting his own moral principles, resigned precisely on July 27, 1995, explaining that he did it because of the inefficiency of the UNPROFOR and the hypocrisy of the international community.
There is no foundation, nor is it proper, to acquiesce that Dayton led to the end of armed conflict in Bosnia and Herzegovina. One cannot tolerate that Croatian representatives should state that Dayton, that is ťthe Dayton agreement,Ť brought peace to B&H, leaving out the above-mentioned contribution of "Storm." It is the successfully executed military-police operation "STORM" which, within 82 hours, stopped the bloodshed and tragic conflict also on the territory of the neighboring state, Bosnia and Herzegovina.
Hrvoje Kačić, PhD, in his native Dubrovnik
A result of Serbian shelling and bombing of the city of Dubrovnik
on 12 June 1992.
The City joined the UNESCO of World Heritage Sights in 1979.
Croatian generals are not guilty
Ovih je dana tiskana knjiga "Croatian generals are not guilty" [PDF] ("Hrvatski generali nisu krivi"), engleski prijevod ključnih tekstova o radu i karakteru ICTY-ja, znači Međunarodnoga kaznenog suda za zločine počinjene na prostoru bivše Jugoslavije. Tekstovi koji su se od 2006. pojavljivali u zbornicima na hrvatskom jeziku, sada su u sažetijem obliku tiskani u engleskom prijevodu, kako bi s njima bila upoznata svjetska javnost.
Knjiga je tiskana u nevelikom broju primjeraka, ali dovoljnom da bi bila upućena svim vladama utjecajnih država, njihovim veleposlanstvima u Hrvatskoj, Europskom parlamentu i Europskoj komisiji, Ujedinjenim narodima i posebno Vijeću sigurnosti koje je utemeljilo ICTY, te kulturnim i znanstvenim institucijama u svijetu.
Pokušaj je to Hrvatskoga kulturnog vijeća da senzibilizira svjetsku javnost kojoj nije poznata pozadina događaja početkom devedesetih godina prošloga stoljeća ili je brifirana iz nepouzdanih, pa i Hrvatskoj nesklonih izvora, te tako pridonese oslobađanju hrvatskih generala Gotovine, Markača i Čermaka, ali i Slobodana Praljka i ostalih optuženih generala i branitelja iz BiH.
U knjizi su zastupljeni sljedeći autori: Milan Vuković, Nedjeljko Mihanović, Josip Jurčević, Višnja Starešina, Robin Harris, Željko Horvatić, Edward S. Yambrusic, Nikica Barić, Bosiljko Mišetić, Mile Bogović, Miroslav Međimorec, Goran Granić, Lujo Medvidović, Miroslav Tuđman, Hrvoje Kačić, Mate Kovačević, Josip Jović, Mate Ljubičić, Josip Pečarić i Hrvoje Hitrec.
Urednik i pisac predgovora je predsjednik HKV-a Hrvoje Hitrec, pripremu tiska obavio je Laserplus, a sam tisak Zinam d.o.o.
Tekstove su preveli Adrian Beljo, Zdravka Bušić i Hrvatsko društvo znanstvenih i tehničkih prevoditelja, te još niz prevoditelja, od kojih su neki i autori tekstova.
Hrvatsko kulturno vijeće zahvaljuje svima koji su pripomogli da se objavi ova dragocjena knjiga, posebno gospodinu Branku Cindri (Laserplus) i gospodinu Branku Ivankoviću (Panorama 360).
Napominjemo da je ovaj pothvat izveden bez i jedne kune potpore hrvatskih državnih institucija.
Sadržaj knjige objavljujemo i na internetskim stranicama HKV-a, sa zamolbom srodnim portalima da prenose tekstove, i s osobitom zamolbom hrvatskim iseljenicima da tekstove putem Interneta ili na druge načine dostave svima koji bi mogli utjecati na povoljan ishod suđenja nepravedno optuženim hrvatskim generalima koji su se borili za slobodu hrvatskoga naroda i teritorijalnu cjelovitost hrvatske države.Izvor hakave.org
Formated for CROWN by prof.dr. Darko Žubrinić
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