New reactions to the denial of the Srebrenica genocide: What does the silence of the Montenegrin Government show

SARAJEVO, (Patria) -

Program Coordinator for Human Rights Tamara Milaš stated that the Centre for Civic Education (CGO) believes that the Government's silence regarding the statement by the Minister of Justice, Human and Minority Rights, Vladimir Leposavić, who denied that genocide occurred in Srebrenica, calls into question the Government's proclaimed commitment to the Europeanization of society and the building of a culture of human rights. With his answer to a parliamentary question, Leposavić undermined Montenegro's obligation to respect international court decisions and binding international documents, and also caused damage to multi-ethnic harmony, the process of transitional justice and reconciliation, and fueled the heated atmosphere in Montenegrin society.

“Regardless of whether it is his sincere opinion or an attempt to politically curry favor with those on whom the further survival of certain members of the Montenegrin Government, including himself, will largely depend, the non-recognition of the genocide in Srebrenica by Minister of Justice Leposavić is scandalous. Moreover, he is a lawyer who should be aware of the obligation to consistently respect the valid norms of international law and court judgments of international courts, regardless of what he thinks about them. And it was precisely the international judicial bodies that processed and convicted this most massive crime committed in Europe after World War II as genocide,” Milaš stated in the announcement.

She emphasized that such positions by Leposavić pre-emptively limit the fulfillment of the criteria for Chapter 23, one of the most challenging and complex chapters that also addresses war crimes, and on which progress in all other aspects of negotiations with the European Union directly depends.

CGO also points out that since Leposavić took office as Minister of Justice, Human and Minority Rights, the Working Group for Chapter 23, of which CGO is a member, has not met even once, nor has the head of this important working group been appointed.

“CGO reminds that the process of confronting the recent past has been systematically suppressed in Montenegro, even by the previous government, which has been constantly warned about for years by parts of the civil sector and the most relevant international addresses. However, even through the work of the Coalition for REKOM, some progress has been made, which Leposavić's statement, as a government official, erases. The previous government fulfilled the minimum requirements of the international community and regional partners without a genuine intention to investigate and prosecute those responsible for war crimes and to encourage the development of a culture of remembrance of the 90s. Unfortunately, such an attitude is now emphasized and even regressed through the work of the new Government in Montenegro, as numerous controversial issues from the past are approached in a way that is not factually based. In short, a dangerous game with the past continues for the sake of gaining political points with a segment of the electorate, while society as a whole is moving backward,” she added in the statement.

Milaš believes that the most regrettable thing is that Minister Leposavić's statement confirms that it is necessary to constantly and repeatedly remind that the crimes in Srebrenica were the subject of nine trials before the International Criminal Tribunal for the former Yugoslavia.

“It was established that members of the Bosnian Serb army under the command of Ratko Mladić and Radovan Karadžić committed genocide in Srebrenica, and that the Federal Republic of Yugoslavia supported the Bosnian Serb army. In 2007, the International Court of Justice determined that Serbia is responsible for the fact that the FRY – Serbia and Montenegro – did not prevent this genocide. Although Bosnia and Herzegovina filed a lawsuit against Montenegro before the International Court of Justice for violating the Convention on the Prevention and Punishment of the Crime of Genocide, Serbia remained the only party in that dispute because it assumed the state continuity of the former FRY. Additionally, the Appeals Chamber of the Dutch court determined in 2017 that the Netherlands also bears partial responsibility for the deaths of 300 Bosniaks killed in Srebrenica, who were within the protected UN zone, in the UN base in Potočari, because its soldiers, as part of the UN, did not prevent these people from being killed,” she points out.

On the other hand, she emphasizes, questioning the credibility of the Hague Tribunal because it was established by a resolution by the Minister of Justice is a logic by which other international courts would also not be recognized. Democratic states, in addition to recognizing the credibility of international courts, do not diminish their own responsibility for crimes.

“An example of this is the Court in Rwanda, which was also established by a resolution, and the attitude of French President Emmanuel Macron towards France's responsibility for not preventing that genocide. Leposavić's logic raises the question of whether the Universal Declaration of Human Rights and Freedoms is also binding, as it is not a treaty document, although it obliges UN member states. Namely, the Universal Declaration of Human Rights is also a resolution, as are numerous other mechanisms that serve to ensure respect for international standards in the protection of human rights and freedoms,” she states in the announcement.

She believes that it is clear that some expectations from the Hague Tribunal have not been met, and that there are many criticisms regarding inconsistent sentencing policies.

“However, it is undeniable that the Hague Tribunal has done a great deal, and that it has left behind material that national judiciaries of the countries in the region should further use. Despite certain shortcomings in the Tribunal's work, we cannot talk about dividing criminals and victims by nationality, and we should least of all hear that from the Minister of Justice, Human and Minority Rights,” she points out.

In light of all of the above, CGO believes that Leposavić, as a high-ranking state official, must bear responsibility for denying the genocide in Srebrenica, disrespecting international decisions and international institutions such as the Hague Tribunal, and creating obstacles on Montenegro's path to Europeanization.

“If Leposavić does not understand the damage he has caused to Montenegro internally and externally and does not resign because of it, or if the Prime Minister does not dismiss him, CGO calls on the Members of the Parliament of Montenegro to do so,” emphasizes Milaš.

CGO expresses its conviction that there is a sufficient majority in the parliamentary composition that will not allow deniers of the genocide in Srebrenica to be members of the Government of Montenegro.

(CdM)