Tag: Balkans
Trump isn’t the only accused president
While the United States is understandably obsessed with judicial proceedings against Donald Trump, another president and his one-time comrades in arms is on trial in The Hague: Kosovo President Hashim Thaci. There is one common thread: Jack Smith was the prosecutor in The Hague before taking up his position in Washington to conduct investigations and possibly prosecute Trump. An expansive view of his mandate seems to be his trademark.
As the trial at the Specialist Chambers in The Hague started on Monday, Deutsche Welle‘s Elona Elezi asked some questions and I responded:
Q: Mr.Serwer, how do you consider the trial against Thaçi and other three former commanders of KLA?
A: The Specialist Chambers and Specialist Prosecutor’s Office “have jurisdiction over crimes against humanity, war crimes and other crimes under Kosovo law in relation to allegations reported in the Council of Europe Parliamentary Assembly Report of 7 January 2011.” I am not a lawyer, but in my layman’s way of thinking the trial has departed markedly from this mandate. It seems to have forgotten the Council of Europe Parliamentary Assembly report.
Q: Does it diminish the role of Kosovo Liberation Army?
A: I’d say it exaggerates the role of the KLA in the abuses committed in Kosovo. The main allegations in the Council of Europe report appear to be unfounded and have been left out of the charges against the accused. The prosecutor is pursuing other, less specific, allegations against the KLA leadership quite unrelated to the CoE report.
Q: Will there be any implications if the court finds them guilty?
A: Certainly there will implications for the accused. They will be punished. But it will be a long time before there is a verdict. Their pre-trial detention seems to me unjust.
Q: In a macro perspective, does this trial affect the relationships between Kosovo and Serbia?
A: The trial is already exacerbating resentments in Kosovo, soothing consciences in Serbia, and making it harder for Pristina to normalize relations with Belgrade. That will get worse.
It was a mistake for Kosovo to agree to establish this court without a reciprocal arrangement with Serbia, that is a court with jurisdiction over “crimes against humanity, war crimes and other crimes” inside Serbia, where three American brothers were killed shortly after the 1999 war. Serbia was the main miscreant in the 1990s. The one-sided nature of the Specialist Chambers and Prosecutor’s Office prevents it from doing justice to the crimes Belgrade committed.
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Montenegro begins a test that won’t be easy
Last time I talked with Montenegrin President Djukanovic, maybe 7 or 8 years ago, I told him he lacked only one thing: a pro-European opposition that could alternate with his own coalition in power. Yesterday’s election will determine whether Montenegro has in the interim acquired it. A recently elected candidate for mayor of Podgorica, Jakov Milatovic, won with 60% of the vote, defeating Djukanovic after he had dominated politics in Montenegro for more than a generation.
There are serious doubts
Milatovic leads a party with the right name, “Europe Now!,” and the right professional career. He has been Economy Minister, after a stint in various private banks as well as the European Bank for Reconstruction and Development. He holds an Oxford MPhil in economics and has spent time in the US and Austria as well.
But there is good reason for doubt. Milatovic’s supporters include the pro-Russian and pro-Serbian segment of Montenegrin politics. Many opposed independence and NATO membership. Some celebrated with Serbian flags, not Montenegrin ones. Those are Serb ethnic nationalists and resent Montenegro’s minorities, who have long supported Djukanovic. Even if Milatovic is seriously pro-Europe, it is not clear whether that will be the direction he can lead the country in.
Parliamentary elections are scheduled for June 11. The outcome will likely determine whether Europe Now can deliver. Dritan Abazovic, the current caretaker prime minister, is hoping to lead a centrist coalition thereafter. But Abazovic himself has been beholden to the pro-Serbian political parties in the past. He signed an agreement that privileged the Serbian Orthodox Church and has cozied up to Belgrade, while offering himself to Washington and Brussels as a sincere, Western-oriented reformist.
Keep the pressure on
Montenegro was until recently the Balkans front-runner for EU accession. Now Western pressure and incentives will be vital to ensuring a pro-European outcome. The Serb nationalist minority in Montenegrin politics is large and well-funded. The Russians will try to use it to destabilize NATO and poison the relationship with the EU. The all too necessary corruption investigations will cast doubt on many in the former governing coalition and damage its prospects.
Alternation in power is the ultimate test of any democracy. Montenegro has so far passed, ironically due to Djukanovic. He managed the transitional governments of the past two years skillfully. Now that Djukanovic will be out of the picture, Milatovic should aim to do as well, while keeping the country moving in the European direction. It won’t be easy.
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Stevenson’s army, April 2
– Is Bulgaria next to tilt toward Russia?
– What does Hungary want from Sweden?
– How much is enough for defense? Prof. Cancian analyzes.
– Why do the Saudis want nuclear power?
-Why does China want a port in Croatia?
My SAIS colleague Charlie Stevenson distributes this almost daily news digest of foreign/defense/national security policy to “Stevenson’s army” via Googlegroups. I republish here, with occasional videos of my choice. To get Stevenson’s army by email, send a blank email (no subject or text in the body) to stevensons-army+subscribe@googlegroups.com. You’ll get an email confirming your join request. Click “Join This Group” and follow the instructions to join. Once you have joined, you can adjust your email delivery preferences (if you want every email or a digest of the emails).
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Politics won’t wait for a court decision
Donald Trump’s indictment dominates the news today and will remain a major issue until a plea bargain or verdict. The Republicans are claiming it is politically motivated and unjustified. The Democrats are claiming it is a response to malfeasance and an assertion of the rule of law.
What we don’t know
The truth is we don’t even know what he stands accused of. The grand jury that indicted him holds its proceedings in secret. Only at his arraignment next week will we learn the charges for certain.
These might be, as the Republicans are claiming, election law violations associated with his hush money payments to a porn star in 2016. Or, as many Democrats believe, they may involve business fraud related to those same payments, which were allegedly recorded in his company books as legal fees and laundered through his personal attorney.
No one knows at this point. It might be wise to refrain from comment on the charges until they become public.
What we do know
No other American president has ever been indicted. Nixon resigned to avoid impeachment. Any number of presidents have been guilty of malfeasance, before, during, and after their time in office. But the nation’s prosecutors have not seen fit to drag them into court. This is the basis of the argument that Trump’s indictment is “unprecedented.”
But it is not. Lots of prominent people are indicted. Prosecutors go after company chief executives, members of Congress, lawyers, and yes professors. The list of indicted Federal officials is long. Unless you believe a president or former president should be above the law, you should not be objecting on grounds of “precedent” to indictment of a former president.
Indictment of presidents and prime ministers in other countries is common. Prime Minister Netanyahu is a prominent current example, but so too are former Kosovo President Thaci and former Serbian President Milosevic. The list of former heads of government later imprisoned is also long, but of course not all of them deserved what they got.
Only time will tell
We are going to have to wait a while–maybe even a year or two–to learn whether Trump’s indictment will lead to a plea bargain, acquittal, or conviction. In the meanwhile, the indictment will become a political football, with both Democrats and Republicans trying to score big before the November 2024 election. Most Americans believe an indictment should disqualify a candidate from running for president. But Republicans mostly back Trump and think the indictment is an unjustified political move.
Politics won’t wait for a court decision and the inevitable appeal if Trump is found guilty. In the meanwhile, many other investigations are ongoing. Some involve potentially far more serious violations than the current indictment, including election interference in Georgia and insurrection for the January 6 riot at The Capitol. Only time will tell how this all shakes out.
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Fantasy diplomacy is failing to appease
Chris Hill, the American Ambassador to Serbia, tweeted Friday:
I’ve dedicated my life to diplomacy – to finding diplomatic solutions to seemingly intractable problems. In the course of my career, I’ve learned that sometimes diplomacy fails. When it does, the results can be tragic. (1/4)
I offer my personal condolences to the families of those who lost their lives during the wars of the 1990s, including as a result of the NATO air campaign. I know that the Serbian people will never forget that terrible time, nor should they. (2/4)
The Serbian people will never set aside their grief, but I believe they are strong enough to set aside their grievances. The United States’ dedication to our partnership with Serbia is unwavering, as is our commitment to diplomacy. (3/4)
Together, we can build the better future the Serbian people deserve and want for future generations. (4/4)
He had previously tweeted:
The most important outcome from the Ohrid talks: Serbia has embraced its European future and a clear plan for how to get there—a decision that took wisdom, integrity, and courage. Much work remains, and the United States will be with you every step of the way.
If this last were true, his tweets Friday would have been unnecessary.
Fantasy diplomacy
This is fantasy diplomacy. There is no evidence in the Ohrid talks or elsewhere that Serbia has embraced its European future. To the contrary, Belgrade continues to refuse to align with EU foreign policy and leans heavily in the direction of Moscow and Beijing. The former provides military help and the latter investments. Here is Vucic with his favorite “European” a week after the Ohrid meeting:
Serbia no longer meets the EU’s Copenhagen criteria, if it ever did. Its “partly free” polity is moving in an authoritarian direction. Media are not free. The judicial system is not independent. And the opposition comes mainly from ethnonationalists who care not a whit about Europe. Belgrade has done nothing to apologize, or make amends, for the Milosevic regime’s brutal crackdown on Kosovo in the late 1990s.
It isn’t working
It is hard then to imagine what justifies condolences now for the action NATO took in 1999 to stop the murder and ethnic cleansing of the better part of a million Albanians from Kosovo. NATO caused around 454 civilian deaths (including more Albanians than Serbs and Montenegrins), according to the Belgrade-based Humanitarian Law Center.
The condolences come from someone who was part of the team that initiated the bombing in response to the Serbian failure to sign the agreement negotiated at Rambouillet. American diplomats then argued that Milosevic would only respond to the use of force. If I stretch, I imagine Chris is thinking his tweets will assuage his own conscience, appease Serbia, and soften its attitude toward normalization of relations with Kosovo.
I see no sign yet that this is working. President Vucic has refused to sign the two agreements recently reached with Kosovo,. Though he has said his oral agreement is legally binding, it isn’t clear just what he verbally agreed to. He has said explicitly he will oppose UN membership for Kosovo, despite a provision in the normalization agreement that reads:
Serbia will not object to Kosovo’s membership in any international organisation.
He has denied that Serbia has implicitly recognized Kosovo, even though the first agreement includes recognition of its documents and symbols, and has made it clear he will pick and choose what provisions of the agreement he implements or not. The EU will be incorporating the requirements in the agreements into its accession process, but that could mean postponing Serbia’s compliance by years if not a decade or more.
Ukraine could make the difference
Vucic is still trying to walk with Washington and ride with Moscow. That’s a difficult game these days. Rumors have it that Serbian ammunition has reached Ukraine, but Belgrade denies it has sold a single bullet there. Nor has it aligned with EU sanctions against Russia, which it is obligated to do. Still, if your lobbyists can keep the American ambassador and Washington believing that you are sincere in seeking a Western future, the game can work for a while. Putin is blessedly distracted and the US committed to appeasement, which is easier than the alternative.
The question is when the State Department and White House will wake up to reality. Serbia is not choosing to come West. Only if Russia loses in Ukraine will Belgrade reassess. Until then, it would be best to forget the fantasy diplomacy. Realism dictates that the US back countries that back Ukraine. Belgrade doesn’t.
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Getting the numbers right
The Humanitarian Law Center published on Friday this account of the casualties in the NATO/Yugoslavia war of 1999, in order to counter disinformation in Serbia and elsewhere:
On Friday, March 24, eight year in a row (not including 2020, when there was no commemoration due to the Covid-19 pandemic and state of emergency), the central state commemoration of the anniversary of commencement of the NATO bombing of the Federal Republic of Yugoslavia (FRY) was held. Humanitarian Law Center (HLC) draws attention to the established facts on the Kosovo war and bombing campaign of the FRY, warning against the threat of history revisionism undertaken by the state.
Let us recall that the President of Serbia, Aleksandar Vučić, used to make references to thousands of casualties of NATO’s air raids until 2022, most often mentioning 2,500 victims. At the 2018 commemoration, he stated that the Republic of Serbia had “more than 2,000 recorded, well remembered names”. However, as of 19 October 2021, when the Serbian Parliament rejected the proposal to set up the previously announced national commission which would be tasked with making a list of the bombing casualties, the President ceased to mention the number of victims. Speculating with the figures was resumed by the public broadcaster RTS, which this year highlighted that during the NATO bombing, “1,100 members of the Army and police were killed“ and “around 2,500 civilians, although the accurate list of victims has not been established yet ”.
Although the Republic of Serbia has never made a list of NATO bombing, Humanitarian Law Centre (HLC) and Humanitarian Law Center Kosovo (HLC Kosovo) published a list of all victims’ names in 2014, within the RECOM project. According to this register, during the NATO attacks, 756 persons were killed, amongst whom 452 civilians and 304 members of armed forces. Of the killed civilians, 206 were Serbs or Montenegrin by ethnic background, 218 were Albanians, 14 Roma, and 14 civilians of other ethnicity. In the bombing, 275 members of the Yugoslav Army (VJ) and Ministry of the Interior (MoI) were killed, whereas the number of the killed Kosovo Liberation Army (KLA) was 29. A total of 261 persons were killed on the territory of Serbia, 10 in Montenegro, and 485 in Kosovo. This is the only and most complete list of victims of NATO’s bombing of FRY so far.
The Serbian President this year at the central commemoration also denied war crimes against Kosovar Albanians committed by Serbian forced before 24 March 1999, documented in the HLC reports as well as in those of international organisations. He stated that Serbia was found guilty for wanting to be “on its own” and proceeded with cynical discussion on the term “humanitarian disaster” which was used to describe the situation in Kosovo before the NATO bombing.
Just like in the previous years, the President did not address the events in Kosovo during the NATO bombing. According to the data collected by HLC and HLC Kosovo, Serbian forces killed 6,872 Albanian civilians during the bombing. In the same period, KLA members killed 328 Serb civilians and 136 Roma and members of other ethnic groups. In the conflicts between Serb forces and KLA, 1,204 members of KLA and 559 members of the VJ and Serbian MoI were killed.
Humanitarian Law Center reminds the public broadcaster and institutions of the Republic of Serbia that by augmenting the number of the NATO bombing casualties, they are suggesting that the actual victims are not sufficiently important and thus offend their dignity. We call upon them to pay tribute to all killed citizens by accepting the list with individual names. Also, HLC urges on all national institutions to abandon historical revisionism of the Kosovo war. Recognising the accountability of the Republic of Serbia for the crimes committed against Kosovo’s Albanians is the only possible way towards overcoming the war past and building the common future for Serbs and Albanians.
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