Genocide in Bosnia

Bosnian Genocide, 1992-1995

Posts Tagged ‘Naser Oric

ICJ Judge, Serbia Was Accomplice in the Srebrenica Genocide

Case: Bosnia v. Serbia
Judgement: Declaration of Judge Keith, the International Court of Justice.

Explanation of vote on complicity — Knowledge of principal’s genocidal intent necessary as a matter of law, but not shared intent — Evidence of aid and assistance established — Evidence of knowledge of the facts underlying the genocidal intent established — Finding of complicity in the genocide committed at Srebrenica. Read the rest of this entry »

ICJ Judge, Serbia Was Complicit in Srebrenica Genocide

Case: Bosnia v. Serbia
Judgement: Declaration of Judge Bennouna, the International Court of Justice.

FRY’s continued presence within the United Nations — Effects of Serbia and Montenegro’s admission to the United Nations on 1 November 2000 — Serbia’s complicity in genocide — Accomplice’s mens rea as opposed to principal perpetrator’s — Relationship between individual criminal liability and State responsibility — Definition of complicity — “Scorpions”, a paramilitary force under Serbian control.

I wish by means of this declaration to expand upon and clarify certain aspects of the Court’s reasoning in reaffirming its jurisdiction to decide this case. I shall then explain why I disagree with the Court’s finding that Serbia was not complicit in the genocide committed at Srebrenica. Read the rest of this entry »

Rare photo of a Hero, Srebrenica's Naser Oric in 1993

From 1992 to 1995, Naser Oric defended the besieged enclave of Srebrenica from Serb forces stationed in heavily militarized Serb villages around the town. Serbs attacked Srebrenica on a daily basis from nearby Serb village. After the war, Serbs blamed Naser Oric of committing “massacres” against notorious Serbian terrorists around the enclave. The International Criminal Tribunal for the Former Yugoslavia (ICTY) acquitted Naser Oric of all charges and ruled that Serb tales of “massacres” were “influenced by Serb propaganda.”

Written by genocideinbosnia

January 20, 2011 at 5:27 pm

U.N. on Serbian Propaganda about Srebrenica and Naser Oric's Raids

UNITED NATIONS GENERAL ASSEMBLY
Fifty-fourth session, Agenda item 42
The situation in Bosnia-Herzegovina
15 November 1999, pages 103-104

Report of the Secretary-General pursuant to General Assembly resolution 53/35

The Fall of Srebrenica

B. Role of Bosniak forces on the ground

475. Criticisms have also been leveled at the Bosniaks in Srebrenica, among them that they did not fully demilitarize and that they did not do enough to defend the enclave. To a degree, these criticisms appear to be contradictory. Concerning the first criticism, it is right to note that the Bosnian Government had entered into demilitarization agreements with the Bosnian Serbs. They did this with the encouragement of the United Nations. While it is also true that the Bosnian fighters in Srebrenica did not fully demilitarize, they did demilitarize enough for UNPROFOR to issue a press release, on 21 April 1993, saying that the process had been a success. Specific instructions from United Nations Headquarters in New York stated that UNPROFOF should not be too zealous in searching for Bosniak weapons and, later, that the Serbs should withdraw their heavy weapons before the Bosniaks gave up their weapons. The Serbs never did withdraw their heavy weapons. Read the rest of this entry »

ICJ Judge, Serbia’s involvement in Srebrenica Genocide supported by massive and compelling evidence

Case: Bosnia v. Serbia
Judgement: Dissenting opinion of Judge Al-Khasawneh, Vice-President of the International Court of Justice.

The Court’s jurisdiction is established – Serious doubts that already settled question of jurisdiction should have been re-examined – SFRY’s United Nations membership could only have been suspended or terminated pursuant to Articles 5 or 6 of the Charter; Security Council and General Assembly resolutions did not have the effect of terminating the SFRY’s United Nations membership – The FRY’s admission to the United Nations in 2000 did not retroactively change its position vis-à-vis the United Nations between 1992 and 2000 – Between 1992 and 2000, the FRY was the continuator of the SFRY, and after its admission to the United Nations, the FRY was the SFRY’s successor – The Court’s Judgment in the Legality of Use of Force cases on the question of access and “treaties in force” is not convincing and regrettably has led to confusion and contradictions within the Court’s own jurisprudence – The Court should not have entertained the Respondent’s highly irregular 2001 “Initiative” on access to the Court, nor should it have invited the Respondent to renew its jurisdictional arguments at the merits phase.

Serbia’s involvement, as a principal actor or accomplice, in the genocide that took place in Srebrenica is supported by massive and compelling evidence – Disagreement with the Court’s methodology for appreciating the facts and drawing inferences therefrom – The Court should have required the Respondent to provide unedited copies of its Supreme Defence Council documents, failing which, the Court should have allowed a more liberal recourse to inference – The “effective control” test for attribution established in the Nicaragua case is not suitable to questions of State responsibility for international crimes committed with a common purpose -The “overall control” test for attribution established in the Tadić case is more appropriatewhen the commission of international crimes is the common objective of the controlling State and the non-State actors – The Court’s refusal to infer genocidal intent from a consistent pattern of conduct in Bosnia and Herzegovina is inconsistent with the established jurisprudence of the ICTY – the FRY’s knowledge of the genocide set to unfold in Srebrenica is clearly established – The Court should have treated the Scorpions as a de jure organ of the FRY – The statement by the Serbian Council of Ministers in response to the massacre of Muslim men by the Scorpions amounted to an admission of responsibility – The Court failed to appreciate the definitional complexity of the crime of genocide and to assess the facts before it accordingly. Read the rest of this entry »

Srebrenica Thanks U.S. Army for Airdrops (1993)

Pittsburgh Post-Gazette
12 March 1993.

nited States Air Force conducted humanitarian air drops to besieged Bosnian Muslims in Srebrenica saving thousands of civilians from starvation.

United States Air Force conducted humanitarian air drops to besieged Bosnian Muslims in Srebrenica.

The United States began dropping food and medicine to Muslim enclaves in eastern Bosnia on Feb. 28. Muslim fighters issued a public letter this week thanking U.S. officials. The Associated Press in Sarajevo obtained an undated copy. Excerpts:

Attn: Brig. Gen. Donald E. Lorenger Jr., commander of U.S. Air Forces in Europe

The citizens of Srebrenica, Cerska and Konjevic Polje would like to express to you personally, to the pilots and all the technical crews engaged in the airdrop operation of providing relief for the people of eastern Bosnia, their deepest gratitude for all you have done for them so far…

When the proud and suffering population was facing the agony of starvation, you have, with your courageous, and efficient action, succeeded to provide precious quantities of food and medicines, thus saving from inevitable death thousands of women, children, wounded and diseased.

… [T]he people of Srebrenica will never forget your humanitarian action … When better times of peace come,… you and your brave men will be our dear guests and friends forever….

[Signed] War Presidency of the Srebrenica

250 Muslims Killed in the Cerska Massacre (1993) near Srebrenica

U.N. Commander Treks to Ravaged Bosnian Enclave

A Bosnian Muslim woman who lost her relatives looks at human remains found in a mass grave in the village of Cerska. In March of 1993, more than two years before the 1995 Srebrenica genocide, Serbs overrun the Muslim village and slaughtered up to 250 Bosniak women, children and the elderly men.

A Bosnian Muslim woman who lost her relatives looks at human remains found in a mass grave in the village of Cerska. In March of 1993, more than two years before the 1995 Srebrenica genocide, Serbs overrun the Muslim village and slaughtered up to 250 Bosniak women, children and the elderly men.

Times Daily
6 March 1993.
By George Jahn

TUZLA, Bosnia-Herzegovina — The commander of U.N. troops in Bosnia boldly headed for a besieged government enclave on Friday, hopping to evacuate thousands of desperate Muslim [Bosniak] refugees driven from their homes.

Gen. Philippe Morillon’s trek into the heart of the worst fighting in eastern Bosnia signaled growing international concern over the failure of peace talks and U.S. airdrops to halt the carnage.

Bosnian Muslim man Smajil Hukic, 80, who lost his relatives looks on in front of mass grave in attempt to identify his relatives in a mass grave in the village of Cerska near Srebrenica (formerly in nearby municipality of Vlasenica, now in the Serb municipality of Milici)

Bosnian Muslim man Smajil Hukic, 80, who lost his relatives looks on in front of mass grave in attempt to identify his relatives in a mass grave in the village of Cerska near Srebrenica (formerly in nearby municipality of Vlasenica, now in the Serb municipality of Milici)

President Clinton, referring to the practice of “ethnic cleansing,” said the latest Serb offensive showed that they were succeeding in their campaign to drive Bosnian Muslims from the region. He pledged to tighten sanctions against the Serbs with a further crackdown that a spokesman said would “inflict real pain” on the aggressors.
Read the rest of this entry »

Written by genocideinbosnia

December 27, 2010 at 2:21 am

Bosnian Muslim Survivor of the Cerska Massacre (1993) Hid Under Corpses

Survivor Tells of Massacre in Eastern Bosnia

Lodi News-Sentinel
6 March 1993.

Bosnian Muslim man Smajil Hukic, 80, who lost his relatives looks on in front of mass grave in attempt to identify his relatives in a mass grave in the village of Cerska near Srebrenica (formerly in nearby municipality of Vlasenica, now in the Serb municipality of Milici)

Bosnian Muslim man Smajil Hukic, 80, who lost his relatives looks on in front of mass grave in attempt to identify his relatives in a mass grave in the village of Cerska near Srebrenica (formerly in nearby municipality of Vlasenica, now in the Serb municipality of Milici)

ZAGREB, Croatia — A Bosniak [Bosnian Muslim] refugee in eastern Bosnia told a ham radio operator Friday that he survived a Serb massacre because corpses fell on him and protected him from gunfire.

This and other accounts of a massacre Wednesday of scores of people near the embattled Cerska region could not be confirmed. Ham radio and U.N. officials have cited many reports of Serb atrocities during an offensive that began Sunday, but reporters are unable to enter the Serb-besieged area to investigate.

According to the various accounts, Serb gunmen unleashed a barrage of gunfire and grenades on a group of about 100 refugees near Mount Rogasija. Read the rest of this entry »

Written by genocideinbosnia

December 27, 2010 at 1:17 am

Cerska Massacre, Serbs Butcher Bosniak Civilians with Knives

Cerska massacre, “They carried out a massacre in the school,” said Mr. Muminovic. “They killed people with knives. Some of the dead and living were butchered.”

Cerska Massacre - remains of Bosniak civilians killed by Serbs in the Cerska massacre near Srebrenica in 1993

Remains of Bosniak civilians killed by Serbs in the Cerska massacre near Srebrenica in 1993

Bosnian Soldiers Report Massacre by Serbs in a Schoolhouse

By Chuck Sudetic,

Published: March 19, 1993

TUZLA, Bosnia and Herzegovina, March 18— The first Bosnian Government soldiers to arrive here from an eastern enclave overrun by Serbian nationalist fighters gave accounts today of the killings of dozens of Bosniak civilians by the advancing Serbs.

Two of the Bosnian soldiers said they witnessed killings in Cerska [near Srebrenica] and the neighboring village of Velici, which were overrun between Feb. 27 and March 1, when poorly-armed, predominantly Muslim locals lost the area to attacking Serbs. Read the rest of this entry »

Naser Oric, Counter-Attack on Notorious Kravica near Srebrenica

“I am sorry that, as you put it, Serbs feel unhappy and angry. And since I am a soldier, I know that Serbs… true Serbs who are also soldiers, know well that I fought them fair and square on a battlefield. Therefore, I don’t think they are jelaous because of my acquittal; they knew for a long that I was never a war criminal, and that I was a soldier fighting on a battlefield for survival, and nothing else.” – NASER ORIC

Photo: Former commander of Bosniak defenders of Srebrenica, Naser Oric (aka: Nasir Oric), is pictured at the court house of the UN war crimes tribunal on July 3, 2008 in The Hague. Naser Oric was acquitted of all charges against him by the appeals chamber of the United Nations’ war crimes tribunal.

The Judgment in Naser Oric case makes it clear that the Serb village of Kravica was a military base from which Serbs launched cowardly attacks on neighbouring Bosniak villages and the town of Srebrenica itself. The attacks on Bosnian Muslim settlements resulted in a great number of Bosniak victims. Bosniak counter-attack on Kravica was a legitimate defensive measure that followed on the 7 January 1993 as a result of Serb blockade of humanitarian aid and constant attacks on nearby Bosnian Muslim villages. According to the Oric Judgment it was the Serb forces that attacked first – Naser Oric only responded to their attack:

“The fighting intensified in December 1992 and the beginning of January 1993, when Bosnian Muslims were attacked by Bosnian Serbs primarily from the direction of Kravica and Ježestica. In the early morning of the 7 January 1993, Orthodox Christmas day, Bosnian Muslims attacked Kravica, Ježestica and Šiljkovići. Convincing evidence suggests that the village guards were backed by the VRS [Bosnian Serb Army], and following the fighting in the summer of 1992, they received military support, including weapons and training. A considerable amount of weapons and ammunition was kept in Kravica and Šiljkovići. Moreover, there is evidence that besides the village guards, there was Serb and Bosnian Serb military presence in the area. The Trial Chamber is not satisfied that it can be attributed solely to Bosnian Muslims. The evidence is unclear as to the number of houses destroyed by Bosnian Muslims as opposed to those destroyed by Bosnian Serbs. In light of this uncertainty, the Trial Chamber concludes that the destruction of property in Kravica between 7 and 8 December 1992 does not fulfil the elements of wanton destruction of cities, towns or villages not justified by military necessity.”

Written by genocideinbosnia

December 9, 2010 at 5:04 am