The twenty-first anniversary of the Srebrenica genocide is approaching. Numerous judgments of the International
Criminal Tribunal for the former Yugoslavia (“ICTY”) have confirmed that the execution
of thousands of Bosnian Muslim men by Bosnian Serb forces was genocide. Yet every year tensions rise between Bosnia
and Serbia due to Serbia’s refusal to acknowledge that the heinous crime
committed at Srebrenica amounted to genocide.
This year is no different. The mayor of Srebrenica, Camil Durakovic, announced recently that Serbian officials were no longer welcome at events commemorating Srebrenica due to Serbia’s genocide denial.
Serbia’s policy of denial may come to an end in the next few
years, however, due to pressure from the European Union. Serbia’s government has set its sights on
full EU membership and has been pushing hard to open so-called “Chapter 23”and “Chapter
24” negotiations on the Judiciary, Rule
of Law and Human Rights. In order to
achieve full EU membership, Serbia will have to satisfy all of the conditions
and benchmarks that the EU has set out in Chapters 23 and 24. Little public attention has been paid thus
far to a condition that Croatia was able to insert into the EU’s conditions
that Serbia must fulfill in order to complete its obligations under Chapter 23:
The EU delegation will recall that full cooperation with the
International Criminal Tribunal for the former Yugoslavia (ICTY) remains
essential. While awaiting the spring report of the ICTY, the EU delegation will
stress its expectations that Serbia will continue its recent record of
cooperation with the ICTY and with war crimes prosecution offices in the
region. It will urge Serbia to
fully and unequivocally accept the ICTY's rulings. It will also
call on Serbia to step up its efforts in domestic handling of war crimes in
line with international humanitarian law and the jurisprudence of ICTY and to
significantly improve its witness protection system. It will call for full
political support and commitment to cooperation with war crimes prosecution
offices in the region.
The
condition that Serbia must “fully and
unequivocally accept the ICTY’s rulings” is crucial. It means that if Serbia wants to become a
member of the EU, it can no longer continue to deny what the ICTY has
established in multiple judgments:
genocide was committed at Srebrenica by Bosnian Serb forces. Croatia and other EU member states will
insist that Serbian officials acknowledge the genocide before Serbia will be
allowed to close Chapter 23.
Accordingly,
one day in the not-too-distant future, we should expect to see Serbian Prime
Minister Aleksandar Vučić publicly acknowledge that genocide was committed at
Srebrenica by Bosnian Serb forces. If
not, Serbia will remain outside of the EU as a result of its preference for
genocide denial over EU membership.
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