By relativizing the statement that the genocide in Srebrenica was not unequivocally determined by the judgments of international courts and questioning the legality and legitimacy of the Hague Tribunal, the Minister of Justice, Human and Minority Rights Vladimir Leposavic disqualifies himself as a minister who can lead Montenegro towards the European Union (EU).
This was assessed by the executive director of Action for Human Rights (HRA), Tea Gorjanc Prelevic, pointing out that in 2010, Montenegro undertook to cooperate with the Hague Tribunal by concluding the EU Stabilization and Association Agreement.
"The Minister of Justice of a country where denying or downplaying crimes established by international court rulings is a criminal offense, and a country that is a candidate for EU membership, is expected to know, recognize and respect the decisions of international courts. That genocide was committed in Srebrenica was determined by the International Court of Justice in the case of Bosnia and Herzegovina against Serbia and Montenegro, and the International Criminal Court for the former Yugoslavia (Hague Tribunal) in six cases, the Court of Bosnia and Herzegovina also in several cases and a court in the Netherlands. The European Parliament passed a special resolution which unequivocally condemned not only the genocide in Srebrenica, but also any denial and relativization of that crime," said Gorjanc Prelevic for "Vijesti".
Prime Minister Zdravko Krivokapić did not answer the questions of "Vijesti" about his comments on Leposavić's statement and whether the minister will resign, after numerous criticisms due to Leposavić's position expressed on Friday in the Parliament...
Academician and regular professor at the Faculty of Political Sciences in Sarajevo, Suad Kurtćehajić pointed out that Leposavić "entered the field of politics and those political options that carried out genocide".
"It is the policy of denying genocide... it is simply something that must not be denied, because it is inadmissible in terms of civilization and the minister entered the field of politics and those political options that committed genocide. It is a shame that the Minister of Justice of Montenegro does not know these facts and denies what the entire civilized world has accepted, because the judgments of this court are not debated. "It's a done deal," he told "Vijesti".
"Vijesti" interlocutors assessed that the decision of the International Court of Justice (IJC) that genocide took place in Srebrenica is unequivocal and indisputable, and that the decisions of the main judicial body of the United Nations should not be questioned.
Kurtćehajić told "Vijesti" that what irrefutably confirms that the genocide in Srebrenica took place is the verdict of the International Court of Justice passed on February 26, 2007 against Serbia and Montenegro following a lawsuit by Bosnia and Herzegovina, for not preventing the genocide in and around Srebrenica:
"The Court concludes that the acts committed in Srebrenica, which fall under Article II (a) and (b) of the Convention, were committed with the specific intent to partially destroy the group of Muslims in Bosnia and Herzegovina as such; and accordingly, that they represent acts of genocide committed by members of the VRS in Srebrenica and its surroundings in July 1995".
By the same verdict, Serbia was acquitted of the accusation that their state officials committed, participated in a conspiracy or were accomplices in genocide...
Coordinator of the human rights program at the Center for Civic Education, Tamara Milaš, explained that a lawsuit was also filed against Montenegro for violating the Convention on the Prevention and Punishment of Genocide, but Serbia was the only one left in that dispute for formal and legal reasons, because it assumed state continuity. the former FRY.
With the verdict, the IJC confirmed the qualification of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY), the so-called Hague Tribunal, which in 2004 qualified the crimes in Srebrenica as genocide. Gorjanc Prelevic told "Vijesti" that a convincing majority of judges in the IJC made a decision that genocide was committed in Srebrenica.
"Out of the fifteen judges of the International Court of Justice, of different nationalities, who issued a verdict establishing Serbia's responsibility for not preventing the genocide in Srebrenica, only two judges, one of whom was an ad hoc judge from Serbia, disagreed with the decision of the majority of the thirteen that genocide was committed in Srebrenica, so there is no justification for the Minister of Justice to simply not accept such a decision".
Leposavic said on Friday that the court decision that genocide was committed in Srebrenica was based on the position of the Hague Tribunal, which was established by a resolution, not an international decision. He also stated that that court was "compromised" because it concealed evidence of crimes against Serbs "in Kosmet".
"I am ready to admit that a crime has been committed when it is unequivocally established. I will certainly not dispute the legal validity of the decisions of international bodies, nor will I dispute the right of Bosniaks and Muslims to perceive this crime in their hearts as permanent suffering and tragedy.
I am ready to pay my respects to all the victims, especially the victims of Srebrenica, because they are the victims of my friends and fellow citizens, and I am doing so on this occasion as well," the minister said, among other things, on Friday, answering a parliamentary question from Andrije Nikolić (DPS).
Kurtćehajić pointed out that the findings of the Hague Tribunal cannot be contested because it was established by a resolution and not by an international treaty, because the IJC can rule only on the basis of indisputable evidence, regardless of which institution it was.
"The Hague Tribunal cannot be denied even though it was established by a resolution, especially not the evidence it presented to the International Court of Justice, which is presided over by 15 permanent judges. Quite simply, it is about the strongest court on the planet, that court would not have passed the verdict if it could not. If it could not be based on the facts of the Hague Tribunal, on whose facts should it be based? It is illogical that Leposavić disputes the verdict, because it was passed on the basis of the evidence of the Hague Tribunal. If you don't want to admit that system and abnormal logic, you can say that no genocide was committed against the Jews either".
He added that it is pointless to undermine the legitimacy of the Hague Tribunal because of the case in which the evidence of the Council of Europe rapporteur on the harvesting and trafficking of the organs of civilian Serb victims in Kosovo was destroyed in that court itself.
"The Hague Tribunal judges on the basis of hard and indisputable evidence, in other words, it can happen that someone is guilty, but there is no solid evidence, and they are acquitted, but it cannot happen that someone is convicted, but they are not guilty. So here it is said that Naser Orić committed a crime, and that he was not sentenced, that means that there was no solid evidence, not that he is not guilty. Only when unambiguity is established, then judgment is made".
He explained that a distinction must be made between the International Criminal Tribunal for the former Yugoslavia (Hague Tribunal) and the International Court of Justice (IJC).
"There is one court that was created in 1993, which was created by the UN as the Temporary Criminal Tribunal for the former Yugoslavia, and which sentenced a total of over one thousand and one hundred years plus several life sentences to the Bosnian Serb political and military leadership and a total of about fifty years in prison to the Bosniak leadership, which is a huge difference, and the second is the International Court of Justice in The Hague (also known as the World Court or ICJ in English: International Court of Justice). The seat of the court is in the Peace Palace in The Hague, Netherlands. The court was established in 1945 by the Charter of the United Nations, and it began its work in 1946 as the successor of the Permanent Court of International Justice".
He pointed out that a law must be adopted, according to which the genocide in Srebrenica should not be denied.
Gorjanc Prelevic reminded her that 6.710 civilian victims of genocide have been buried in Srebrenica so far, and that another 1.200 people are missing.
"Among the victims was a huge number of children, and after all, no one should care or doubt what was determined by all the aforementioned verdicts, that the leaders of the Bosnian Serb Army, by systematically liquidating 8.000 helpless people, intended to partially destroy the Muslims in Bosnia and Herzegovina and that they thus committed genocide". She added that more compassion is needed for the suffering of others, especially in such difficult times.
"I cannot understand the need to downplay such a mass crime in any way and thereby inevitably humiliate the victims, and to cause additional pain to all their families, as well as to all of us, in Montenegro and Europe, who are affected by the crime in Srebrenica and who sympathize with them".
The opposition demands his resignation
The Democratic Party of Socialists (DPS) announced that they would introduce a law prohibiting denial of genocide and demanded that the Prime Minister declare Leposavic's views.
The president of the country, Milo Đukanović, also reacted, sharing the message he sent on the occasion of commemorating the anniversary of the genocide in 2020.
"Not to be forgotten! As long as the ideologies that deny the committed crimes live, the danger of new sufferings does not end."
URA announced yesterday that without a clear condemnation of the genocide in Srebrenica, there can be no progress in overcoming the ugly past. They state that high state officials in public appearances must exclusively represent official positions that are in the interest of the state.
"Leposavic must have been aware of the weight of the words that, as a high-ranking state official, he utters regarding the case of genocide in Srebrenica and the consequences that relativization or a vague attitude can cause in the public".
From the Liberal Party, they demand the immediate resignation of Minister Vladimir Leposavic because of, as they say, shameful attitudes.
"Leposavic threatened the reputation of Montenegro in the region and the world and insulted every normal person, citizen of Montenegro, especially endangering the national minorities in Montenegro and calling into question the civil concept of the state prescribed by the Constitution".
Smailović: I am sorry that you are a minister in my country
Bosniak Party MP Amer Smailović told "Vijesti" that denying the genocide deepens divisions and that Leposavic's statement upset the public.
"I'm sorry, Minister Leposavic, that as a young person you relativize crimes and consciously deepen divisions. You have clearly and loudly confirmed in the Parliament of Montenegro that this Government does not want the European path of our country and that you do not want to be the Government of all its citizens. I am sorry that you are a minister in my country. Given that your statement not only upset the public, but comes from a man who heads the department that deals with justice and human and minority rights, we expect you to resign as a moral act".
There is no reconciliation without recognition
Tamara Milaš assessed that there will be no reconciliation while officials use their discourse to encourage the heroization of convicted war criminals.
"There is no reconciliation with the denial of facts or their selective use. There is no reconciliation even after two and a half decades since the genocide in Srebrenica, the highest officials deny it. There is no reconciliation while officials use their discourse to encourage the heroization of convicted war criminals".
She added that the initiatives that come from civil society, which are aimed at justice and reconciliation, such as the RECOM Initiative, should be minimized.
"I will remind you that three months ago the current Minister of Justice announced the formation of a Commission that will deal with these issues, without even inviting representatives of RECOM, the largest network of organizations and individuals in the region, which has been making efforts to create a regional commission for more than a decade, for consultations. ".
She added that the cause of inadequate dealing with the war past is also this attitude towards those who truly contribute to reconciliation.
She pointed out that the true process of dealing with the past and reconciliation was systematically suppressed in Montenegro by the previous government, which has been constantly warned about for years by a part of the civil sector and the most relevant international addresses.
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