http://www.iwpr.net/index.pl?archive/tri/tri_283_1_eng.txt

Institute for War & Peace Reporting

Tribunal Update

ANALYSIS: The Courtroom Summit

                 Milosevic and Mesic exchange verbal punches in a re-run
of their fiery exchanges on the
                 eve of the Balkan conflict.

                 By Mirko Klarin in The Hague (TU 283, September 30 -
October 4, 2002)

                 Biljana Plavsic, former president of the Bosnian Serb
entity Republika Srpska, RS, may
                 have stolen the show last week with her unexpected and
dramatic guilty plea (see
                 Courtsides), but the week's highlight was undoubtedly
the three-day "Croatian-Serbian"
                 summit in Courtroom Number One. The summit, pitting
Slobodan Milosevic against
                 Stjepan Mesic, the Croatian head of state, effectively
marked the resumption of the fiery
                 debates they had just as federal Yugoslavia began its
descent into conflict in the early
                 Nineties.

                 At the time, Milosevic was the president of Serbia and
Mesic was the president of the
                 old federation who famously boasted that he would be
its last.

                 The former's cross-examination of the latter last week
offered valuable insights into the
                 content and quality of the political debate in the
early 1990s, which then involved the
                 fractious leaders of the six Yugoslav republics.

                 The arguments heard in the courtroom were identical to
those used at the time.
                 Milosevic and Mesic rowed about "the constituent
elements" of the old federation,
                 whether sovereignty and the right of secession belong
to the republic or the people and
                 whether the state should have been reorganised as a
"loose confederation" or a
                 "compact federation".

                 They argued again about who precipitated the break-up
of the country. Was it Milosevic
                 with his 1989 speech, in which he predicted "new
battles, maybe even armed battles",
                 or was it Croatia's late president Franjo Tudjman, when
he erased Serbs from the new
                 Croatian constitution a year later?

                 The tone of the courtroom "summit" resembled the
debates of the leaders of the six
                 republics a decade ago. It was, in other words,
offensive and often derogatory, although
                 not as bad as the exchanges of the early Nineties -
since the former was held before the
                 eyes of the world while the latter took place behind
closed doors. The level of argument
                 last week illustrated why it was so difficult to
imagine, let alone achieve, a political
                 solution to the Yugoslav crisis.

                 "We all took part in the destruction of Yugoslavia,"
Mesic admitted in a moment of
                 sincerity, although he placed most of the blame on
Milosevic who "was not interested in
                 Yugoslavia, either federal or confederal, (but) only in
a Greater Serbia built on the
                 remains of Yugoslavia".

                 Mesic said the defendant started "breaking up
Yugoslavia" in the late Eighties when he
                 suspended the autonomy of the provincies of Kosovo and
Vojvodina and instigated a
                 change of government in Montenegro, thereby taking
control of four of the eight votes in
                 the federal presidency, the country's collective head
of state.

                 With the votes of Serbia, Kosovo, Vojvodina and
Montenegro in his pocket, Milosevic
                 still did not have a majority, as Slovenia, Croatia,
Bosnia-Hercegovina and Macedonia
                 remained opposed. But he could thwart any decisions he
did not approve of. In May
                 1991, he temporarily blocked Mesic becoming the next
rotating head of the Yugoslav
                 presidency.

                 The most important part of Mesic's testimony concerned
the way Milosevic in 1991
                 acquired effective control of the federal presidency,
which was the supreme commander
                 of the Yugoslav National Army, the JNA.

                 Mesic said this huge army, then the fourth strongest in
Europe, had perceived that the
                 federation was in jeopardy and found a new "sponsor" in
Milosevic. As non-Serb officers
                 and soldiers left its ranks, the JNA became
"Serbianized", and Milosevic, through the
                 National Bank of Yugoslavia, NBJ, which he also placed
under his control, funded it with
                 foreign and domestic credits as well as federal foreign
exchange reserves.

                 At the same time, Milosevic controlled the leaders of
the Serbian parties founded in
                 Croatia and Bosnia whose members were armed by the JNA
or the Serbian secret
                 police, which also organised "volunteers" and other
paramilitary formations.

                 According to Mesic, the course of events in Croatia
indicates there was a distinct
                 pattern that was planned, organised and coordinated.
KOS, the Yugoslav military
                 counter-intelligence, provoked or invented incidents in
Serb regions of Croatia. The JNA
                 would then intervene with tanks and infantry nominally
to "prevent conflicts" and to
                 separate "the sides", even where no conflicts had taken
place.

                 After a time, the JNA would then retreat, leaving local
Serbs with arms and in control of
                 the territory. But according to Mesic, Milosevic's
primary target was not Croatia, nor
                 even the parts of Croatia under Serbian control.
Borisav Jovic, Milosevic's right hand in
                 the federal presidency, made Mesic realise in 1991 that
Belgrade was only interested in
                 the "66 per cent of the territory of Bosnia-Hercegovina
which used to be and will be
                 Serbian".

                 After this remark, Mesic suggested a meeting between
Milosevic and Tudjman to Jovic
                 to seek solutions to Serbian-Croatian conflicts through
negotiations. The initiative was
                 accepted and the summit scheduled for March 25, 1991 at
Tito's former hunting lodge in
                 Karadjordjevo. Milosevic and Tudjman decided to meet
alone without witnesses.

                 Last week, Mesic repeated what he had told the tribunal
about this meeting on two
                 previous occasions: in the trial of the former mayor of
Vukovar, Slavko Dokmanovic, and
                 that of the Croatian general Tihomir Blaskic.

                 Tudjman had returned from Karadjordjevo delighted by
Milosevic's "generosity". Tudjman
                 told Mesic that Milosevic had offered him significant
parts of Bosnia in which he was not
                 interested, as they had formerly belonged to the
short-lived pre-World War II "Croatian
                 banovina", or to earlier "Turkish Croatia". Warnings
that Milosevic would cheat him fell
                 on deaf ears.

                 Mesic said Milosevic also double-crossed the Croatian
Serbs, promising them "one
                 state" with all the other Serbs, while in reality he
needed them only as an "initial fuse"
                 for his Bosnian campaign.

                 According to Mesic, the list of those Milosevic cheated
included the Serbian and wider
                 Yugoslav public, the JNA and the international
community. They all were deluded by
                 Milosevic's claims that he was "fighting for
Yugoslavia... while in reality he was breaking
                 Yugoslavia by all means available".

                 In his testimony, Mesic added new elements to the
portrait of the accused provided in
                 the Kosovo phase of the trial by some of the
international witnesses, such as Lord
                 Ashdown, ambassador William Walker and General Klaus
Naumann. He described
                 Milosevic as a man who "subordinated everything to his
war objectives" and "used his
                 associates as disposable items (discarding) them once
they served their purpose".

                 Asked by the head of the prosecution team, Geoffrey
Nice, whether he ever noticed that
                 Milosevic had showed compassion either for his own
people or others, Mesic replied, "I
                 never, ever, saw any sign of emotions in him. All he
had were goals that he was
                 implementing."

                 Mesic's testimony, the first by an acting head of state
in The Hague, provoked a fierce
                 reaction from the defendant, who began acting as though
he possessed compromising
                 information that could discredit the witness. He
alluded to Mesic's "activities" with an
                 unidentified "third party" with whom he was in prison
in the mid-1970s, accusing him of
                 being a secret police collaborator who personally
ordered "liquidations" and kidnappings
                 of policemen and Serbs and was involved in people
trafficking.

                 Mesic laughed at these accusations, noting that "the
accused obviously had great
                 imagination" and that he was no more involved in
"liquidations" as he "was involved in
                 Lincoln's assassination".

                 Milosevic offered no proof for his allegations.
Instead, he moved onto political matters,
                 claiming Mesic bore responsibility for Croatian army
crimes in Bosnia in 1993, as he
                 was president of Croatia's parliament at the time.
Again he had no success - Mesic
                 saying the post carried no executive power.

                 Judge Richard May interrupted Milosevic to ask what was
the relevance of
                 Croatian-Muslim conflict in Bosnia for the indictment
which accused him, Milosevic, of
                 crimes in Croatia. After that, Milosevic charged Mesic
with "double treason", claiming he
                 betrayed both Yugoslavia, while head of the
federation's presidency, and then Tudjman
                 and his Croatian Democratic Union, by leaving the
latter.

                 This first claim prompted Mesic to elaborate on some of
his earlier remarks about the
                 state of Yugoslavia in the early Nineties. The witness
said at the time "everybody was
                 dissatisfied with Yugoslavia" and that the "status quo
could not be maintained ". Croatia,
                 Slovenia, and later Bosnia and Macedonia, had suggested
"a confederal model" but
                 Milosevic had not wanted to hear about it, insisting on
a "compact federation". This was
                 unacceptable to everybody else, as Mesic said they knew
they would have followed "the
                 destiny of Kosovo and Vojvodina" in being placed under
a Serbian "special regime".

                 Responding to the second claim, Mesic said he parted
ways with Tudjman and the HDZ
                 in early 1994 over their war policy in Bosnia, their
privatisation methods and their
                 resistance to the establishment of the rule of law.

                 The judges and audience then found themselves
transported back to the start of the last
                 decade, to one of the federal presidency or republican
presidents' meetings, otherwise
                 known as "travelling summits". They were forced to
listen to long exchanges of
                 accusations between the defendant and the witness over
the sovereignty of the former
                 Yugoslav republics, the right of peoples to
self-determination and the pros and cons of
                 confederal and federal systems.

                 The next item on the "courtroom summit" agenda were the
actual crimes. The
                 persecution of Serbs in Croatia, Milosevic said, began
in the late Eighties and Mesic
                 was president of "the first Croatian government that
terrorised Serbian population".

                 Milosevic said it started when "Serbs were erased from
the [Croatian] constitution" and
                 "the Cyrillic alphabet was discarded". The Serbs were
then fired en masse and other
                 discriminatory measures applied. Finally, they were
kidnapped, killed and detained in
                 camps, which the defendant said once numbered over 200.
He accused Mesic also of
                 responsibility for attacks on the JNA.

                 Mesic denied Serbs in Croatia were terrorised or put in
camps, though admitted that
                 some abuses and crimes had gone unpunished.These issues
needed addressing, he
                 added, but were not an excuse for the destruction of
Vukovar, Dubrovnik and other
                 Croatian cities. Mesic said this was exactly what the
JNA and paramilitary formations
                 sent from Serbia and Montenegro did and these units
were "under the control of the
                 accused".

                 Mesic missed no chance to address Milosevic as "the
accused" and seemed to take
                 special pleasure in doing so. The only thing Milosevic
and Mesic agreed on was that
                 "the criminals should be punished". But they could not
agree "who the criminals were".
                 On several occasions, Mesic stressed that Milosevic was
on trial and not him. Milosevic
                 replied, "That is exactly the problem", claiming it was
a case of a "mistaken thesis".

                 Milosevic obviously believed Mesic ought to have been
sitting in the dock. Remarking
                 that Mesic had testified against Tudjman and the HDZ,
and had recently stated that
                 General Janko Bobetko should be delivered to The Hague,
Milosevic accused the
                 Croatian president of "working for this illegal court"
in order to avoid having to give any
                 account of his own criminal responsibility. Declaring
this question "inappropriate", Judge
                 May concluded "The Hague summit" of the former
president of Serbia and the current
                 president of Croatia.

                 Mirko Klarin is IWPR senior editor at the war crimes
tribunal and editor-in-chief of
                 SENSE News Agency. 

                                   Serbian News Network - SNN

                                        [EMAIL PROTECTED]

                                    http://www.antic.org/

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