Responsibility for disrespecting BiH and victims of genocide must be sought on this side of the Drina

For NAP writes: Sifet Kukuruz, legal expert

The arrival and stay of members of the Serbian Army on the territory of Bosnia and Herzegovina have caused numerous reactions in the domestic public. Criticisms and condemnations are mostly directed across the Drina, given that this act is interpreted, above all, as one of the phases of implementing the conclusions from the recently held "all-Serbian assembly". At the same time, there have been calls and demands for accountability from domestic politicians. However, this act is primarily considered an attack by a neighboring country on the territorial integrity and sovereignty of BiH.

If the view that the presence of members of the Serbian Army on the territory of Bosnia and Herzegovina represents the implementation of the conclusions from the recently held "all-Serbian assembly" is accepted as true, then the conclusion arises by itself that domestic politicians who issued the approval, or rather made the decision allowing the presence of members of the Serbian Army on the territory of BiH, are also participating in that implementation.

Following such a logically correct stance, the conclusion also arises that this is anti-state action, primarily "from this side of the Drina," and that represents the essence of the entire problem. Members of the Serbian Army would certainly not have entered the territory of BiH without permission, as stated by the President of Serbia, Aleksandar Vučić. If that is the case, and much indicates that it is, then it is completely clear that the source of the problem lies not across, but on this side of the Drina. And we must face this fact.

Therefore, members of the Serbian Army did not come to BiH unauthorized and without permission, but were enabled and allowed to do so by the state of BiH, or rather by those who hold power in the name of the state of BiH. If that is the case, then the presence of members of the Serbian Army can hardly be considered and legally qualified as aggression and a violation of BiH's sovereignty. However, this in no way means that making such a decision is in the interest of the state of BiH. On the contrary, such a decision is in direct opposition to the interests of the state of BiH and its citizens, and the culprit for undermining such interests should be sought, above all, within the borders of BiH.

Why and under what conditions was permission granted for the stay of members of the Serbian Army on the territory of BiH? Why is that stay in BiH's interest? It is particularly important to determine the reasons why such permission was given in July, which has multiple significances for the citizens of BiH, especially for the survivors of genocide.

Granting permission for the stay of members of the army that, according to final judgments of the Hague Tribunal, had overall control over those who committed genocide, represents the ultimate expression of disrespect for the victims of genocide and all those who, by the grace of God, managed to escape the fate of more than eight thousand murdered victims of genocide.

Whoever is responsible for making the decision on the presence of members of the Serbian Army on the territory of BiH is irresponsible and should therefore bear responsibility. And that responsibility, out of respect for the murdered and surviving victims of genocide, must be urgently determined. Those who are competent and fail to determine such responsibility are also showing disrespect for the murdered and surviving victims of genocide. Of course, those who have the political and legal возможности to demand the initiation of proceedings to determine responsibility, and do not do so, cannot be absolved of responsibility either.

Criticisms directed at those across the Drina, before criticisms and determination of responsibility from this side of the Drina, are an irresponsible act. Although Serbia's primary interest, due to the judgments of the Hague Tribunal and for building interstate relations based on mutual respect, should have been and must have been to refrain from anything that could disturb the public in BiH, it still cannot and must not direct the search for those responsible in the wrong direction.

In the inability to confront and determine responsibility from this side of the Drina, it is not productive to insist on responsibility across the Drina, because the source of all responsibility lies, above all, with those who hold power in BiH institutions. It is particularly a question for whose account and in whose interest they exercise power?

The answer to this dilemma would certainly be offered by the outcome of the proceedings to determine responsibility for this, to say the least, heinous and amoral, if not legally impermissible, permission for the stay of members of the Serbian Army on the territory of BiH.

Members of the Serbian Army should not be present on the territory of BiH because that army, according to the judgments of the Hague Tribunal, had overall control over the forces that committed the crime of genocide in BiH. Whoever, regardless of legal possibility, allowed the stay of members of the Serbian Army in BiH in a month in which the surviving victims of genocide bury the discovered remains of those killed in the genocide, should be deprived of the possibility to hold political or any public office.

Otherwise, a scenario cannot be ruled out whereby the next phase in disrespecting the state of BiH and the victims of genocide will be the adoption of a decision entrusting members of the Serbian army to secure the "March of Peace" and the burial of victims of genocide, or to provide security for the Srebrenica-Potočari Memorial Center.

Although it seems impossible and unreal, under these circumstances, it could soon become very possible and a harsh reality.