The Serb political parties of the 49% of Bosnia and Herzegovina (BiH) called Republika Srpska (RS) have unified in rejecting the international community’s High Representative’s decision to prohibit denial of genocide and defense of war criminals under the country’s criminal code. This tells you all you need to know about about the RS, which is the product of the 1990s genocidal enterprise conducted principally against the country’s Bosniak population. It is entirely appropriate that the RS would stand up to be counted in defense of genocide and war criminals.
The question is what will the Americans and Europeans do about it? The RS is an essential component of the Dayton peace accords, which divided BiH into two regional entities, the RS and a Bosniak/Croat Federation. The latter controls 51% of the territory. Their active collaboration is required to make the central government (Bosnians call it the “state” government) to function. The Serb political parties are vowing not to participate in the central government.
Boycott is a frequent political tactic throughout the Balkans. Those who use it believe that nothing legitimate can be decided without their participation. This is of course untrue in a liberal democracy, where the majority rules, with respect for minority rights. But still the tactic is used: witness the Republican withdrawal of their pro-Trump members of the Congressional Select Committee investigating the January 6 insurrectionary riot. The Republican leader in the House is hoping this will delegitimize the investigation. The Democrats will simply proceed with the committee, including Republicans who did not supported the riot and are willing to serve.
That is what the “state” government should do: proceed without the participation of those who decline to participate. This can be difficult in the BiH context, so it would require some ingenuity on the part of those who wish to do it and the internationals who support them, including the High Representative who issued the initial decision. Nonparticipation should have consequences. Nonparticipation by those who wish to defend genocide and war criminals should have serious consequences.
Why should it be illegal to deny genocide and defend war criminals? In short, because in the Bosnian context it constitutes incitement. Incitement to genocide is illegal under international law (the 1948 Genocide Convention) and also in the US, including by foreigners present here. An arrest or two would go a long way to making the point. The situation is presumably comparable in the countries of the European Union. For those who may wonder: Bosnia and Herzegovina is a state party of the Genocide Convention, as a consequence of its succession from Yugoslavia.
Odds are, nothing like what I am suggesting will happen. Instead, there will be some sort of fudged “solution” that concedes ever more ground to genocide deniers and inciters. I have been around too long not to know what that means. “Never again” can turn easily into “again and again.”
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