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Plavsic's Last Stand

23 December 2002
It may take a while, but Biljana Plavsic's dramatic courtroom statement will affect far more than just one woman's fate.

Former Republika Srpska President Biljana Plavsic capped her extraordinary political career last week with a courtroom statement whose potential significance can hardly be overstated. This is not to say, of course, that the importance of Plavsic's acceptance of responsibility for the practice known as "ethnic cleansing" has been grasped by all those it may concern. Far from it.

But there is no doubt that, at least on the face of it, the confession of involvement in such dreadful crimes by such a high-ranking indictee has all the ingredients of a momentous event in the postwar reconstruction of Balkan societies. But will we really come to regard Plavsic's headline-capturing statement to the court as the watershed in the work of the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY), an institution charged not only with delivery of justice, but also with facilitating reconciliation among the former Yugoslavia's ethnic groups?

The issue of Plavsic's own credibility is at the heart of the matter. Her nationalist critics denounced her as a traitor as early as 1997, when she broke ranks with the Serbian Democratic Party (SDS), the organization that masterminded and carried out the ethnic cleansing of what would later be recognized as Republika Srpska, one of two entities constituting today's Bosnia and Herzegovina. Serb nationalists who realized how far-reaching the Plavsic confession could really be either dismissed it as a selfish defense strategy or a development of no consequence. But while they declared business as usual, there was hardly any doubt left that Plavsic had given them the business.

Serb liberals, as well as such influential international figures as former U.S. Secretary of State Madeleine Albright, have praised Plavsic's courage ever since 1997 and welcomed last week's confession as a highly moral gesture that will help the reconciliation process. Meanwhile, Bosniak and Croat nationalists dismissed Plavsic's deal with the court as a ploy to avoid life imprisonment, an argument their Serb peers share unreservedly.

Plavsic may have moved through many life situations as if she were from another planet, but she is certainly no stranger to being dismissed and underestimated. In a macho culture, she has been routinely belittled, not only as a woman, but as an old woman who never married, in itself an incriminating fact in the Balkans. Paradoxically, the failure by her fellow SDS founders to take her seriously catapulted Plavsic into the top echelons of the Serb nationalist movement and enabled her to bring those same leaders to their knees after the war.

Together with a fellow academic, Nikola Koljevic, Plavsic was nominated in 1990 by the SDS as a Serb member of Bosnia's collective presidency, the highest office in the then Yugoslav republic. Neither Plavsic nor Koljevic were among the most influential SDS politicians, but party leader Radovan Karadzic nevertheless wanted them in the presidency, partly because he rightly believed they would follow his instructions, and partly because the most important tasks the SDS conducted, such the illegal arming of the population, were to be carried out in secrecy, as far as possible from any Bosnian institution.

In the early and most crucial stages of the war, Plavsic was again a nominal member of the Bosnian Serb leadership. But in reality, she was little more than a chatterbox who often toured the frontlines, warming the hearts of soldiers with a mixture of motherly questioning and extraordinarily racist statements. It is often recounted how in 1993 she refused to shake hands with Serbia's President Slobodan Milosevic at a gathering designed to convince the Bosnian Serb parliament of the merits of an international peace plan that Milosevic had come to support, while Plavsic ridiculed it.

Apart from being excluded from Karadzic's inner circle when it came to really important and specific decision-making, Plavsic didn't get to share the spoils either. While Karadzic and his closest associates got enormously rich through plunder, Plavsic always made a point of continuing to live a relatively modest life, which earned her the reputation of an "honest Nazi" among liberals.

Plavsic's apparent absence of ambition and her uncompromising nationalism accounts for Karadzic's decision to nominate her for president of Republika Srpska in 1996, when he, as the highest-ranking ICTY indictee, was driven underground by the international community.

It was the SDS's continuing plunder, this time of ethnic Serbs, that quickly swayed Plavsic against her own party. In one of the most breathtaking developments of Bosnia's postwar period, Plavsic allied herself with the Serb opposition and turned against the seemingly omnipotent SDS structure. By the time Karadzic and his cronies realized how skillful and ruthless Plavsic really was, her newly established anti-corruption coalition was actively supported on the ground by the NATO-led peacekeepers, ensuring that Plavsic prevailed.

Plavsic's open siding with the distrusted West didn't exactly endear her to the Serb masses in Bosnia. She didn't last long in power, but did manage to lay foundations for whatever democratic structures now exist in Republika Srpska. Her hardline past as well as the lack of personal gain in her dealing with Westerners make it difficult for anyone to easily dismiss her actions as irrelevant. Most important, while she is not widely adored, one often comes across a note of admiration for her ability to spoil the parties staged by powerful, crooked men.

For the SDS and Milosevic, two things in relation to ethnic cleansing have been particularly important: the ethnic cleansing itself and their blanket denial of the expulsions after the war. Plavsic spoiled the former while it was still going on by repeatedly referring to the expulsions in various Darwinian terms. Plavsic, a biologist, once conjured up ethnic cleansing for the press as "natural selection." Another time she described the Bosniak Muslim population as "genetically defunct material." She also once said that Bosniaks would not much mind being expelled from wide open spaces claimed by the Serbs because they "are used to living on top of one another" anyway. She was often reprimanded by Karadzic for having too big a mouth.

There comes the most important point of all. What Plavsic said last week is factually compatible with her wartime descriptions of ethnic cleansing. The difference, of course, is that she has now come to view the wartime events from an utterly changed perspective, a perfectly believable human situation. But it is exactly the consistency between the wartime Plavsic and the Hague Plavsic that makes Biljana Plavsic and her expression of remorse last week highly credible.

The positive effects of Plavsic's decision to spoil the denial game may not be immediately felt. What's more, a temporary hardening of the hardline opinion in Republika Srpska might be in the cards. But one big chunk of the wartime truth is now out there for anyone to see. Even though this piece of the wartime narrative is too general due to the defendant's lack of more specific insight into key meetings, it is important enough to influence the psychology of Bosnia's dealing with the recent past, sooner or later.

 
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Plavsic’s Guilt Trip
23 December 2002

BANJA LUKA, Bosnia and Herzegovina--A 72-year-old former Bosnian Serb leader made history last week when she confessed to her leading role in the forced expulsions of non-Serb populations in early 1990s from the territories controlled by Bosnian Serb forces, a practice that became known as ethnic cleansing.

Biljana Plavsic, former president of the Bosnian Serb entity Republika Srpska and a member of the Bosnian Serb wartime leadership, explained her decision to plead guilty to charges of crimes against humanity before the Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY). She is the first high-ranking official indicted by the tribunal ever to do so.

“I now recognize and accept that many thousands of innocent people were victims of organized and systematic action to remove Muslims and Croats from the regions the Serbs considered as their own,” said Plavsic before the court on 17 December.

The indictment accused Plavsic of taking part in a “joint criminal enterprise” that masterminded and perpetrated genocide and crimes against humanity. In her first appearance before the court last year, Plavsic pleaded not guilty. But on 2 October this year, after long negotiations with the prosecution, Plavsic pleaded guilty on one count of the indictment. Count 3 of the indictment charged Plavsic with persecutions on political, racial, and religious grounds, a crime against humanity. At the same time, the prosecutor agreed to drop the remaining seven counts of the indictment.

Plavsic’s lawyer made clear at the time that his client had not agreed to appear as a witness in any of the ICTY trials, a point Plavsic was keen to stress last week.

Accepting guilt for the crimes, Plavsic said that “this responsibility is mine and mine only. It does not extend to other leaders, who have the right to defend themselves. [My responsibility] certainly does not extend to our Serbian people, who have already paid a high price for the conduct of our leadership. The realization that I am responsible for such human suffering and for the besmirching of my people’s name will always remain a part of me.”

In her final statement at the three-day sentencing hearing between 16 and 18 December, Chief Prosecutor Carla del Ponte asked for a prison sentence of between 15 and 25 years, while Plavsic’s counsel Robert Pavich argued that the sentence should not exceed eight years in prison. Pavich stressed that “there is no agreement, nor have there been any discussions between Mrs. Plavsic and the Office of the Prosecutor regarding sentencing.”

In a document in support of the guilty plea that Plavsic signed, the former Bosnian Serb leader states that the “ethnic separation of the peoples in Bosnia and Herzegovina was planned and executed in cooperation with the authorities of Serbia by permanent and forced removal of non-Serbs, including numerous crimes, from the territories the Serbs considered their own.”

According to Plavsic, in October 1991--six month before the war broke out--the Serb leaderships in both Bosnia and Serbia had already realized that the planned expulsions would be violent. Plavsic named as co-plotters the then-president of Serbia, Slobodan Milosevic, and the three top Bosnian Serb leaders, Radovan Karadzic, Momcilo Krajisnik, and General Ratko Mladic--all of whom have been indicted by the tribunal.

A number of high-profile witnesses appeared at last week’s extraordinary hearing, including former U.S. Secretary of State Madeleine Albright and former Republika Srpska Prime Minister Milorad Dodik. Albright, who was a witness for both the defense and the prosecution, told the court of her repugnance at “horrendous” Serb crimes in Bosnia, but also called for "respect" for criminals who have pleaded guilty. Their actions, according to Albright, could help victims find closure and rebuild their ruined lives.

Both the prosecution and the defense expressed hope that Plavsic’s decision to confess will help the process of reconciliation in the Balkans, a key part of the tribunal mission.

Reactions in Bosnia and Serbia were less upbeat and largely predictable. Republika Srpska Prime Minister Mladen Ivanic stressed that Plavsic’s plea will not affect the status of Republika Srpska, describing it as merely the “manner she deems best to defend her own position before the Hague tribunal.”

Dusan Stojicic, the spokesman for the Serb Democratic Party (SDS)--the organization that Plavsic helped establish but then abandoned after the war, describing it as “criminal”--said that “there were crimes on all three sides. Her confession cannot be used as evidence against any individual, group, organization, or Republika Srpska.”

But Dodik’s Party of Independent Social Democrats (SNSD), the biggest opposition party in Republika Srpska, welcomed Plavsic’s confession as a “historic gesture aimed at reconciliation and the truth.” According to the SNSD’s Krstan Simic, who is also a lawyer representing indicted war criminals before the ICTY, the citizens of Bosnia are not yet fully aware of the importance of last week’s development.

“Unfortunately, such an act has been used for political ends. … I am afraid that this chance has not been used as it should be: to offer the people a platform of truth, remorse, and sincere reconciliation,” said Simic.

Serbian Prime Minister Zoran Djindjic welcomed Plavsic’s stance as a “good approach for everyone to look at their own place in history and their own responsibility, instead of always hiding behind a group or institutions or world politics.” Djindjic also expressed hope that other leaders indicted by the ICTY would surrender to the tribunal voluntarily.

Zarko Korac, Serbia’s deputy prime minister, argued that Plavsic’s plea would have “considerable consequences” for other trials at the ICTY. But Zdravko Tomanovic, who is Milosevic’s legal adviser, described Plavsic’s statement as “a remorse out of personal interest” and said that “this testimony should not have a serious legal or moral weight for any accused leader.”

The Sarajevo-based Society for Endangered Peoples welcomed Plavsic’s confession. “For thousands of survivors of crimes and the families of the murdered, this confession has awoken expectations that justice will be found,” said Fadila Memisevic, the chair of the society.

Other reactions among Bosniaks were more skeptical. Becir Macic of Sarajevo’s Institute for Research of Crimes Against Humanity and International Law said that the hearing “resembled a farce” and that many in Bosnia are now worried that the Plavsic case could become the model for other high-profile indictees to avoid harsh sentences.

At the end of the hearing, Plavsic was granted bail, following guarantees from the Belgrade authorities that she would return to The Hague in January for sentencing.

--by Dragan Stanimirovic


 

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