On July 11, the world remembers or should remember ‘the worst [case of genocide] on European soil since the Second World War’, the case of Srebrenica. In only five days, 8,372 men and boys in Srebrenica were killed by Bosnian Serbs.
July 11, Srebrenica Remembrance Day, was officially recognised by the European Parliament in its resolution of 15 January 2009. However, the remembrance day has not gained the ‘stamp of approval’ from the United Nations yet. The UN Security Council considered recognising the Srebrenica massacre as genocide in 2015. However, the attempt was blocked by Russia. The draft resolution proposed, among others, to:
2. Condemn in the strongest terms the crime of genocide at Srebrenica as established by judgments of the ICTY and ICJ and all other proven war crimes and crimes against humanity committed in the course of the conflict in Bosnia and Herzegovina;
3. Agree that acceptance of the tragic events at Srebrenica as genocide is a prerequisite for reconciliation, calls upon political leaders on all sides to acknowledge and accept the fact of proven crimes as established by the courts, and
in this context, condemns denial of this genocide as hindering efforts towards reconciliation, and recognises also that continued denial is deeply distressing for the victims.
At the time of debating the draft resolution, the massacre at Srebrenica had already been recognised as genocide by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Court of Justice (ICJ). Indeed, the ICT in its judgment of 26 February 2007, Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), concluded that:
‘the acts committed at Srebrenica falling within Article II (a) and (b) of the Convention were committed with the specific intent to destroy in part the group of the Muslims of Bosnia and Herzegovina as such; and accordingly that these were acts of genocide, committed by members of the VRS in and around Srebrenica from about 13 July 1995.’
The ICJ judgment confirmed the recognition of the Srebrenica genocide made by the ICTY in Krstić case (IT-98-33-T, Trial Chamber Judgment of 2 August 2001 and IT-98-33-A, Appeals Chamber Judgment of 19 April 2004).
Hence, the draft UN Security Council resolution making the same recognition should not have been seen as controversial at the time of debating in 2015. Nonetheless, before the vote, Mr Churkin, Ambassador for the Russian Federation criticised the draft that it:
...turned out to be unhelpful, confrontational and politically motivated. It contains distortions as a result of which the blame for the past is basically placed on one people. The approach whereby one responsible party is singled out for a war crime is not legitimate and could result in even greater division within Bosnian society.
The draft resolution was supported by ten UN Security Council member states (Chad, Chile, France, Jordan, Lithuania, Malaysia, New Zealand, Spain, United Kingdom, United States of America). Four states abstained (Angola, China, Nigeria, Venezuela). The draft resolution was vetoed by the Russian Federation, a permanent member of the UN Security Council and hence it was not adopted.
Over the last couple of weeks, the case of Srebrenica genocide received extra attention because of the Hague Appeals Court ruling on the partial responsibility of the Netherlands for the losses of the Mothers of Srebrenica, namely, family members of the men and boys that were killed in Srebrenica.
On 27 June 2017, the Hague Appeals Court found that the Dutch peacekeepers were co-responsible for the deaths of men. The judgment confirmed that not only the principal perpetrators but also those who supposed to protect the vulnerable population may be liable for the atrocities if they fail to conduct their primary role. This is an important recognition that is often neglected when all eyes are on the principal perpetrators.
However, the case of Srebrenica must be remembered not only because of the recent judgement.
The story of Srebrenica it is a tragic one. It is tragic not only because of the mass-cleansing in Bosnia at the time but because Srebrenica was meant to be the safe haven for the persecuted. On April 6, 1993, the UN Security Council passed Resolution 819. Resolution 819 required all parties to treat ‘Srebrenica and its surroundings as a safe area which should be free from any armed attacks or any other hostile act.’
In March 1994, a Dutch battalion, Dutchbat, was sent to Srebrenica to protect Muslim communities in the region. Dutchbat acted under the UN command.
On July 5, 1995, the southern part of Srebrenica came under attack.
The shelling of the zones continued over the next days, including Bosnian Serbs shelling Dutch positions in the zone. Ultimately, on July 11, 1995, the attacks led to the fall of Srebrenica.
Over 20,000 people were fleeing to the Dutch base at Potočari.
The base of the Dutchbat troops filled out. The 20,000 refugees who walked for over three miles to seek refuge in the base were stuck outside. They sought safety in factories and fields. Only about 5,000 were allowed to stay in the base.
Less than half an hour after taking over Srebrenica, Bosnian Serbs arrived at the Potočari base.
By midnight, around 15,000 men left the safe zone to walk for 63 miles to Tuzla, the closest Muslim area. Over the following days, these 15,000 men were subjected to a systematic massacre and horrific conditions. ‘Bosnian Serb soldiers brutally slaughter 8,372 men in Srebrenica alone.’ (More details can be found at: http://www.srebrenica.org.uk/what-happened/srebrenica-genocide/happened-srebrenica/)
The 8,372 lost lives must be remembered. The tragedy of Srebrenica must be recognised as genocide. Yesterday, today, and tomorrow. Remembering the Srebrenica genocide is the least we can do to prevent such atrocities from occurring again. Not new laws, not new enforcement mechanisms, but a community remembering how such atrocities can be brought about and spotting the first signs.
