By Terance Walsh
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – Momcilo Perisic, the former head of the Yugoslav Army from August 1993 to November 1998, was convicted on Tuesday by an international tribunal at the Hague of crimes against humanity.  Perisic had pleaded not guilty to the charges and now faces 27 years in prison.

The conviction was connected to attacks on civilians in Sarajevo and Srebrenica by soldiers under Perisic’s command.  The court held that Perisic “knowingly aided and abetted the crimes of murder, inhumane acts and attacks on civilians” during a campaign in Sarajevo and abetted the “persecution and extermination” of people in Srebrenica in 1995.  He was also convicted for failing to discipline his subordinates for murder and attacks on civilians, and injuring civilians during rocket attacks on Zagreb in May 1995.  The conviction was the first by the tribunal of a Yugoslav official in relation to crimes committed in Bosnia-Herzegovina.

The court held that Perisic coordinated the Yugoslav Army’s logistical assistance to the Army Rupublika Srpska (VRS) and the Army of Serbian Krajina (SVK).  The assistance included supplying VRS and SVK with arms, ammunition, and training.  The logistical connection grew “more centralized, structured, and coordinated under General Perisic’s tenure,” according to presiding Judge Bakone Moloto.

Throughout the trial, Prosecutor Mark Harmon argued that Perisic did not have a direct role in the crimes but should nevertheless be held responsible.

“He never personally killed anyone, he never personally set fire to a house in Bosnia and Croatia, [but he] aided and abetted those who did all these things,” Mr. Harmon said.  “This form of participation should not mitigate his responsibility.”

The judgment states “the VRS regularly made no distinction between civilian and military targets. In fact, it targeted Bosnian Muslim civilians as a matter of course . . . .  [T]he crimes charged in this case were not perpetrated by rogue soldiers acting independently. Rather, they were part of a lengthy campaign overseen by top VRS officers on the Yugoslav Army’s payroll, including General Mladic.”

Although Perisic was convicted of aiding and abetting murder and inhumane acts, a superior-subordinate relationship between the VRS and its leader Ratko Mladic, who was recently indicted for genocide in Srebrenica, was not established beyond a reasonable doubt.  This meant that Perisic could not be convicted as a superior in relation to the crimes.

After relying on witness testimony and other sources of information, the trial court concluded that the operations carried out by VRS were systematic.  Perisic’s role was essential to the success of the VRS’s endeavors.  Judges Michele Picard of France and Pedro David from Argentina formed the majority of the court that found Perisic guilty while Judge Moloto dissented.

The verdict was especially of interest to Serbia, Croatia, and Bosnia-Herzegovina.  Serbia and Croatia are currently mutually suing each other for genocide at The Hague.  A suit between Bosnia-Herzegovina and Serbia recently concluded with the court holding that Serbia was not directly responsible for genocide but had failed to take adequate measures to prevent it.

Serbian official Dusan Ignjatovic expressed relief over Perisic’s acquittal of being a superior in relation to the crimes.  “It is also important that the trial chamber acquitted Perisic of assistance in the extermination in Srebrenica,” he said.  Ignjatovic, however, was surprised that Perisic was held responsible for the attacks on Zagreb.

Belgrade Humanitarian Law Fund director Natasa Kandic reacted differently from Ignjatovic, finding liability for the attacks on Zagreb to be “appropriate.”

Bosnian officials maintain that Perisic should have received a more severe sentence.  “Any sentence is too mild for what was done in Sarajevo and Srebrenica,” said Amir Zukic, Party of Democratic Action of Bosnia Herzegovina senior official.

Perisic plans to appeal his conviction.  The decision to appeal must be made within thirty days.  “If aiding and waging a war are qualified as crimes it can seriously reflect on international relations, ” defense attorney Novak Lukic said.  “If you put things like that, than everything that is going on in Libya and Afghanistan and helping those wars needs to be taken seriously. This will be one of the main strategies in the appeal process, we believe that the Appeals Chamber will look at it more rationally.”

Born in Serbia in 1944, Perisic graduated from the military academy in 1966.  He took over command of the Yugoslav Army in 1993 during the wars in Bosnia and Croatia.  Throughout the 1990s he was one of Yugoslav President Slobodan Milosevic’s closest allies.  However, Milosevic removed Perisic from his position in 1998 during an apparent crackdown on opposition.  In 2000 Perisic formed a pro-democracy party that helped to oust Milosevic and became deputy prime minister of Serbia.  He was arrested in 2002 under suspicion of selling state secrets to the United States.

For more information please see:

B92 — Ex-Yugoslav Army Chief’s Defense to File Appeal — 7 September 2011

Southeast European Times — Former Yugoslav Chief of Staff Gets 27 Years in Prison — 7 September 2011

BBC — Serbian General Perisic Jailed for 27 Years at Hague — 6 September 2011

International Criminal Tribunal for the former Yugoslavia — Tribunal Convicts Momcilo Perisic for Crimes in Bosnia and Herzegovina and Croatia — 6 September 2011

The New York Times — Serbian Official Convicted of War Crimes — 6 September 2011

By Greg Hall
Impunity Watch Reporter, Europe

PRISTINA, Kosovo – A European Union judge has charged ten former fighters of the Kosovo Liberation Army, including a senior Kosovo politician and former rebel leader Fatmir Limaj.  According to the court papers, Limaj is charged with ordering the execution of two former Serbian policemen and torturing a third.  The crimes allegedly took place between early 1999 and June of 1999 when Kosovo came under U.N. and NATO control.

Initially the EU issued an arrest warrant for Limaj but retracted the warrant after protests from Kosovo authorities who claimed Limaj was protected by immunity as a member of Kosovo’s parliament.

Limaj contends he is innocent and was not even in the area when the alleged war crimes took place.  He stated, “everyone knows I am innocent and that I was in Albania during the time that I am being accused of.  The Kosovo Liberation Army staff know of this.”

Limaj has stated before that he has no regrets over his past as a member of the ethnic Albania guerilla movement that fought a separatist war against Serbia.  Limaj’s attorney said there is no date set for trial.

In 2005, a U.N. war crimes court cleared Limaj of charges alleging he tortured and killed ethnic Albanian detainees in a prison camp in central Kosovo.  The court said there was not enough evidence to prove the allegations.  Currently, Limaj is also under investigation for alleged embezzlement of public funds when he served as transport minister in Kosovo’s previous government.

Seventy-two days of NATO airstrikes ended the conflict between the Kosovo Liberation Army and the Serb forces.  Since then, Kosovo has been governed by the United Nations and the European Union.  The Kosovo government has gradually assumed more powers and three years ago declared its independence from Serbia.  However, Serbia does not recognize Kosovo’s independence along with Russia and China.

For more information, please see:

AlertNet – EU judge accuses 10 Kosovo Albanians of war crimes – 2 September 2011

Arab News – EU judge accuses Kosovo Albanians of war crimes – 2 September 2011

Canada TV – Senior Kosovo leader to be tried of war crimes – 2 September 2011

By Terance Walsh
Impunity Watch Reporter, Europe

EDINBURGH, Scotland — The Royal Bank of Scotland, one of the United Kingdom’s largest banks, declared that it would cease finance operations in Belarus in protest of Minsk’s continued human rights aberrations.

RBS decided to stop doing business with Belarus after human rights groups Free Belarus Now and the U.K-based Index on Censorship applied pressure to the bank.  The two groups criticized RBS’s dealings with Belarus, leading to a decision by the bank to break with the Belarusian government in favor of opposition to the Belarusian government’s abuses of power.

In an official statement RBS said, “Given sanctions, the deteriorating political situation in Belarus and the fact that it has reneged on key elements of the [International Monetary Fund] programme, RBS has ceased any type of capital-raising for or on behalf of the Belarus Republic, and we have no plans to change that position until these issues have been resolved.  In assessing where we do business, we have a responsibility to consider a number of factors, including social and ethical issues and compliance with the letter and spirit of all international sanctions.”

Head of Advocacy at Index on Censorship Mike Harris expressed excitement at RBS’s decision.  “We’re delighted that RBS has heeded our calls to stop acting as a broker for authoritarian President  Alexander Lukashenko.  This couldn’t come at a more crucial time. The government of Belarus needs nearly $1 billion a month in foreign capital. RBS has sent a clear signal not to risk investing in a regime that violates fundamental human rights and may not last.”

Earlier this year RBS took part in a deal to issue more than $800 million in the Belarusian government’s Eurobonds, a deal essential to Belarus’s financial survival.  RBS was the only British bank doing business with Belarus at that time.  The European Union has already imposed sanctions on Lukashenko and several of his key officials, including a freeze on their assets and a travel ban as well as an arms embargo.

Lukashenko has come under fire from the West, especially after being dubbed “Europe’s last dictator” by George W. Bush’s administration.  Since coming to power about twelve years ago he has styled himself as an authoritative leader and does not shy away from this image.  “An authoritarian style of rule is characteristic of me, and I have always admitted it,” he said in August 2003.

In 1996 he disbanded Parliament, which was seeking to impeach him, and put in place a new hand-picked Parliament.  Recent criticism of his regime has arisen from his crackdown on political opposition after his disputed electoral victory last year.  In a foreboding declaration he warned that opposition protestors would be treated as “terrorists,” promising that he “will wring their necks, as one might a duck.”

Belarus is currently facing an economic and financial crisis, which makes the loss of financing from RBS especially crucial.  Lukashenko ramped up spending prior to December’s elections, which disrupted Belarus’s balance of payments.  The Belarusian ruble has experienced steady deprecation relative to the dollar.  The country is experiencing food shortages due to Russia taking advantage of Belarus’s weak currency by buying Belarusian meat.  The country depends on foreign financing and has already been cut off from financing from the west due to sanctions.  The IMF has refused to assist Belarus until it takes measures against its credit and inflation problems.  As Belarus continues to face a bleak economic forecast and dried-up credit sources, Lukashenko will be forced to comply with foreign pressure to improve their human rights practice if he wishes to attract financing from the West.

For more information please, see:

RIA Novosti — Lukashenko Tries to Rescue the National Currency and Himself — 31 August 2011

BBC — RBS Agrees to End Work for Belarus — 29 August 2011

Financial Times — Belarus: RBS Jumps Ship — 29 August 2011

Radio Free Europe/Radio Liberty — British Bank Halts Belarus Work After Criticism — 29 August 2011

San Francisco Chronicle — Belarus Runs Out of Meat as Russians Exploit Currency Plunge — 29 August 2011

USA MarketNews — RBS Concurred to Conclude Work for Belarus — 29 August 2011

BBC — Profiler: Alexander Lukashenko — 9 January 2007