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Nina Baltic, Tomasz Milej<br />

<strong>Synthetic</strong> Report on Human Rights<br />

under the Yugoslav System,<br />

Processes of Ethnic Mobilization<br />

and EU Crisis Management


This <strong>report</strong> was compiled in the frame of the FP6 project “Human and Minority Rights in the Life Cycle of Ethnic<br />

Conflicts”.<br />

The authors were affiliated to the Institute for East European Law, part of the Faculty of Law at the University of<br />

Cologne (Germany), one of the partners in this project.<br />

Copyright March 2007: the executing contracting institution


Human and Minority Rights in Violent Ethnic Conflict<br />

<strong>Synthetic</strong> <strong>report</strong> on the basis of MIRICO Work Package 2 Reports: Human and<br />

Minority Rights under the Yugoslav Communist System, Country-Specific<br />

Reports on Actors and Processes of Ethno-Mobilization in Croatia, Bosnia and<br />

Herzegovina, Serbia and Montenegro, Kosovo, and Macedonia and EU<br />

Reactive Crisis Management<br />

Nina Baltic, Tomasz Milej<br />

MIRICO: Human and Minority Rights in the Life Cycle of Ethnic Conflicts


Table of contents<br />

Table of contents.........................................................2<br />

List of Abbreviations .....................................................4<br />

Abstract ....................................................................5<br />

1. Introduction............................................................6<br />

2. Basic Concepts and Definitions .....................................8<br />

2.1. Ethnicity ............................................................. 8<br />

2.2. Ethnic Conflict ...................................................... 8<br />

2.3. Ethnic Group/Nation ............................................... 8<br />

2.4.Perception ............................................................ 9<br />

2.5.Cognitive Frames .................................................... 9<br />

2.6.Ethno-Mobilization .................................................11<br />

2.7.Summary .............................................................13<br />

3. Prelude to violent conflict and ethnic mobilization under the<br />

Yugoslav Communist System ...................................... 14<br />

3.1. Concept of Statehood during Socialist Yugoslavia ............14<br />

3.1.1. Development of the Concept of Nations and Minorities ......14<br />

3.1.2. Self-determination and secession in particular ................15<br />

3.1.3. The concept from Serbia’s perspective: ........................17<br />

3.2. Economic Preconditions for Ethno-Mobilization ..............18<br />

3.3. Increasing of Ethnic Tensions ....................................20<br />

4. Actors and means of ethno-mobilization ........................ 22<br />

4.1. Politicians/Political Parties ......................................22<br />

4.1.1. Developments on the political scene ............................22<br />

4.1.2. Evaluation ............................................................24<br />

4.2. Civil Society and Intellectuals ...................................25<br />

4.3. Military, Paramilitary and State Intelligence Agencies ......25<br />

4.3.1. JNA ....................................................................25<br />

4.3.2. Republics .............................................................26<br />

4.3.3. Kosovo ................................................................27<br />

4.3.4. Evaluation ............................................................27<br />

4.4. Influence of the Diaspora.........................................29<br />

4.5. Churches and Religious Communities...........................30<br />

4.6. Media ................................................................31<br />

2


5. Minorities in the New Republics .................................. 32<br />

5.1. BiH, Croatia and Serbia...........................................32<br />

5.2. Macedonia...........................................................33<br />

5.3. Kosovo ...............................................................33<br />

5.4. Evaluation ..........................................................33<br />

6. Violence ............................................................. 36<br />

7. Third-Party Intervention ........................................... 37<br />

7.1. Individual States in the Region ..................................37<br />

7.2. The Mujahedin and Islamic States...............................38<br />

7.3. Individual States on the Geopolitical Scene ...................39<br />

7.4. The Role of the EU (initially EC only) ..........................40<br />

7.4.1. General ...............................................................40<br />

7.4.2. Croatia................................................................40<br />

7.4.3. BH and Kosovo.......................................................40<br />

7.4.4. Macedonia............................................................41<br />

7.5. The Role of the UN ................................................41<br />

7.5.1. Croatia and BH ......................................................41<br />

7.5.2. Croatia in particular................................................41<br />

7.5.3. Serbia .................................................................42<br />

7.5.4. Macedonia............................................................42<br />

7.6. The Role of NATO ..................................................42<br />

7.7. The OSCE ............................................................42<br />

8. Conclusion............................................................ 44<br />

Bibliography ............................................................. 46<br />

3


List of Abbreviations<br />

ARBH Armija Republike Bosne i Hercegovine (Bosnian Army)<br />

BH Bosnia Herzegovina<br />

BiH Bosnia i Herzegowina<br />

CFSP Common Foreign and Security Policy<br />

CIVPOL Civilian Police (created by United Nations)<br />

EC European Community<br />

EU European Union<br />

FADORUK Federal Fund for Accelerated Development of the<br />

Undeveloped Republics and Kosovo<br />

FRY Federal Republic of Yugoslavia<br />

HDZ Hrvatska demokratska zajednica (Croatian Democratic<br />

Union)<br />

HVO Hrvatsko vijeće obrane (Croatian Defence Council)<br />

IMF International Monetary Fund<br />

IVZ Islamska Vjerska Zajednica<br />

JNA Jugoslovenska Narodna Armija (Yugoslav Peoples Army)<br />

KLA Kosovo Liberation Army<br />

LCY League of Communists of Yugoslavia (Savez komunista<br />

Jugoslavije)<br />

MBO Muslim Bosniak Organisation<br />

MUP Ministarstvo Unutrašnjih Poslova (Serbian Ministry of<br />

Interior)<br />

NATO North Atlantic Treaty Organisation<br />

NDH Nezavisna Država Hrvatska (Independent Croatian State)<br />

NGO Non-Governmental Organization<br />

NLA National Liberation Army<br />

OSCE Organization for Security and Co-operation in Europe<br />

SANU Srpska akademija nauka i umetnosti (Serbian Academy of<br />

Sciences and Arts)<br />

SAO Serbian Autonomous Oblast<br />

SDA Stranka Demokratske Akcije<br />

SDS Srpska Demokratska Stranka<br />

SFRY Socialist Federal Republic of Yugoslavia<br />

SPS Socijalistička Partija Srbije (Serbian Socialist Party)<br />

SR Socialist Republic<br />

TDF Territorial Defence Forces<br />

UN United Nations<br />

UNCRO United Nations Confidence Restoration Operation<br />

UNHCR United Nations High Commissioner for Refugees<br />

UNIMIK United Nations Interim Administration Mission in Kosovo<br />

UNPA United Nations Protected Areas<br />

UNPROFOR United Nations Protection Force<br />

US United States<br />

USA United Stats of America<br />

VMRO-DPMNE Vnatrešno-Makedonska Revolucionerna Organizacija-<br />

Demokratska Partija za Makedonsko Narodno Edinstvo<br />

(Internal Macedonian Revolutionary Organization-<br />

Democratic Party for Macedonian National Unity)<br />

4


Abstract<br />

The <strong>Synthetic</strong> Report elaborates the factors of ethno-mobilization that led to<br />

outbreak of violence on the territory of former Yugoslavia, the position of<br />

minorities within the conflicts and the role of third parties. Therefore it raises and<br />

analyses the results of the country specific <strong>report</strong>s from Bosnia and Herzegovina<br />

(BiH), Croatia, Kosovo, Macedonia and Serbia, the Report on Human and Minority<br />

Rights under the Yugoslav Communist System and other sources on the basis of<br />

explanatory models and theories developed in the scholars’ writings. The results<br />

show how within a declining Yugoslav socialist state model serious security<br />

concerns emerged which made people vulnerable to ethno-mobilization, initiated<br />

by authoritarian political top leaders in Serbia, Croatia and BH. The right to<br />

(external) self-determination and an effluent right to secession – perceived to be<br />

held by both nations and (newly defined) national minorities - became the most<br />

central question. Despite this common root, the nature of the conflict was<br />

different in each republic and in Kosovo. The emphasis is put on political and<br />

economic factors that contributed to the security concerns as well as on religious<br />

communities, their leaders’ involvement in politics and ethno-mobilization. Finally,<br />

the <strong>report</strong> addresses the question of the so called “point of no return” in the<br />

republics concerned, at which a violent ethnic conflict could be said to be no<br />

longer avoidable. The developed results are supposed to serve as a basis for the<br />

further work packages of the MIRICO-project.<br />

5


1. Introduction<br />

The <strong>Synthetic</strong> Report elaborates the contents and the results of the Report on the<br />

Theory and Practice of Human Rights and Minority Rights under the Yugoslav<br />

Communist System and the country specific Reports on Actors and Means of Ethno-<br />

Mobilization, Third-Party-Intervention and Violence. The present survey will<br />

attempt to explain why violent ethnic conflict occurred in Yugoslavia. It will also<br />

try to establish “the point of no-return” at which ethno-mobilization was so<br />

advanced that a violent ethnic conflict became unavoidable.<br />

Dealing with of the process of ethno-mobilization leading to ethnic<br />

violence, one must first observe that four different views on its nature have<br />

basically been presented in the literature. 1 The first (“primordial”) explanation<br />

model stresses the primordial character of ethnic affiliation, attaching to it an<br />

“overpowering emotional and non-rational quality”. According to this view, in the<br />

former Yugoslavia, a fierce competition for political power combined with<br />

uncertainty and distrust turned entire ethnic communities against each other and<br />

activated hatred that had previously been hidden just under the surface of<br />

“normal” inter-community relations. According to the second (“instrumentalist”)<br />

view, ethnic loyalties are manipulated by politicians and intellectuals for political<br />

ends, such as, for example, the establishment of a new state. The third<br />

(“constructionist”) model opposes the idea of a primordial character of ethnic<br />

affiliations, arguing that ethnicity is only one of several roles and identities that<br />

matter and is subject to change, as it is constructed and eroded by political<br />

institutions and choices. Finally, according to the fourth (“collapse”) model, the<br />

security dilemma arising from the conditions of state-breakdown is the main source<br />

of ethno-mobilization as it let the ethnic group appear to be the powerful<br />

protector of life and property against ethnic rivals.<br />

Instead of relying on one particular model, the present <strong>report</strong> will take an<br />

analytical-comparative approach based mainly on the data provided in the<br />

aforementioned <strong>report</strong>s and, where appropriate, evaluating the findings against<br />

the conceptual framework presented. The variety of concepts taken alone shows<br />

that convincing results cannot be reached by limiting the analysis only to one group<br />

of actors, for example politicians. Therefore the <strong>report</strong> will attempt to define the<br />

major actors of the process of ethno-mobilization, make an assessment of their<br />

role and means used to trigger it, to slow it down or to minimize its impact.<br />

It begins with an analysis of some basic concepts put forward in the<br />

literature and definitions provided in the country <strong>report</strong>s. On this basis, country<br />

specific definitions of ethno-mobilization and its common traits are elaborated.<br />

The second part deals with the “grass roots” of the conflict which have to<br />

be sought in the Yugoslavian Communist system. The emphasis is put on the final<br />

stage of its development. This part includes an analysis of the concept of statehood<br />

and the rights which were granted to the nations and nationalities of Yugoslavia<br />

that left all of the ethnic groups unsatisfied, a special focus being put on the<br />

Serbian constitutional crisis.<br />

According to the initially prepared questionnaire the following three parts<br />

draw up a comparison of the country specific results on actors and means of ethnomobilization,<br />

minorities and third-party interventions. The subsection on actors<br />

and means of ethno-mobilization concentrates on the most important actors: the<br />

political elites and the clergy, also showing how important the media were in this<br />

1 The following overview is based on Anthony Oberschall, “The manipulation of ethnicity:<br />

from ethnic cooperation to violence and war in Yugoslavia”, Ethnic and Racial Studies<br />

(2000), 982-984.<br />

6


process. The next subsection points out the legal and actual effects on minorities<br />

in the respective republics, the last subsection deals mainly with the role of foreign<br />

states, international institutions and their (in)effective influence on negotiations,<br />

violent escalation and peace settlement.<br />

7


2. Basic Concepts and Definitions<br />

The Croatian <strong>report</strong> provides a definition of ethnicity, which will be used as basis<br />

for further reflections on the term “ethno-mobilization” and the analysis of the<br />

following processes.<br />

2.1. Ethnicity<br />

Ethnicity is defined as “[…] use of descent as basis for membership in ethnic groups<br />

[…]. The belief of a common origin is encouraged by a common language, a shared<br />

religion, a sense of homeland, common customs and shared historical narratives.” 2<br />

In a simplified way, ethnicity is an “identity with one’s ethnic group […]”. 3<br />

Despite the ethnic identity, individuals have various identities based on their<br />

profession, sex, religion, etc. “[…] When ethnicity becomes politically relevant and<br />

determines the life prospects of people belonging to distinct ethnic groups, it is<br />

possible to mobilize group members to change a situation of apparently perpetual<br />

discrimination and disadvantage or in defence of a valued status quo.” 4<br />

Ethnic identification within a national collective became important when<br />

the republics of Yugoslavia sought to become truly sovereign (national) states for<br />

the first time in their history – a right, which was contested by ethnic groups within<br />

their own territory and by other republics. Ethnic affiliation became dominant in<br />

everyday life, in matters of residence, citizenship, job loss or maintenance and -<br />

the worst case - physical integrity or survival.<br />

2.2. Ethnic Conflict<br />

“Ethnic conflicts are a form of group conflict, in which at least one of the parties<br />

involved interprets the conflict, its causes, and potential remedies along an<br />

actually existing or perceived discriminating ethnic divide”. 5<br />

2.3. Ethnic Group/Nation:<br />

The term nation will be used in contexts which will deal with ethnic groups that<br />

are the titular nation within a certain republic (nation state). “Ethnic group” will<br />

be used as general clause.<br />

2 Antonija Petricusic, Country Specific Report on Croatia, p. 3, see also classical studies on<br />

ethnicity: Max Weber, “Ethnic Groups” in Werner Sollors (ed.) Theories of Ethnicity, (New<br />

York University Press, New York, 1922); Benedict Anderson, Imagined Communities (Verso,<br />

London, 1983); Rogers Brubaker, Nationalism Reframed (Cambridge University Press, Cambridge,<br />

1996).<br />

3 Stefan Wolff, Ethnic conflict, (Oxford University Press, Oxford, 2006), 31.<br />

4 Ibid.<br />

5 Ibid., 2.<br />

8


2.4. Perception<br />

The Yugoslav leadership had claimed from the very beginning that the national<br />

question was resolved with the establishment of the second Yugoslavia. The old<br />

national plans of Serbs and Croats and hatreds of other peoples inhabiting<br />

Yugoslavia were considered to be obsolete.<br />

Far from that - it seems that the mutual perceptions of the ethnic groups or<br />

the mutual perceptions of old (hegemonic or separatist) threat they presented to<br />

each other in the Balkans were the only perceptions in the collective memories<br />

that survived and became true eventually, beside the fact that there have also<br />

been reverse developments. To say it with the words of the Serbian <strong>report</strong> in a<br />

generalised way: The “[…] threat in the consciousness of one ethnic group was real<br />

because it was the perceived reality that guided action and in turn, mobilized the<br />

other ethnic groups, corroborating their thesis of the others’ hostility”. 6<br />

2.5. Cognitive Frames<br />

The sharp contrast between the situation after World War II until late eighties, in<br />

which nations and nationalities were living peacefully together, 7 and atrocities<br />

committed in the course of the war call for a special explanation. It is hereby not<br />

necessary to explain why Yugoslavia fell apart, but why the process of falling apart<br />

took such violent forms. 8 The issue will be addressed on the basis of a concept of<br />

cognitive frames. 9 A cognitive frame is to be understood as a “mental structure<br />

which situates and connects events, people and groups into a meaningful narrative<br />

in which the social world that one inhabits makes sense and can be communicated<br />

and shared with others.” 10 According to Anthony Oberschall the people in the<br />

Balkans experienced ethnic relations through two frames: a “normal” frame and a<br />

“crisis” frame. The aforementioned contrast can be explained by the fact that<br />

during the time of communist Yugoslavia the normal frame was dominant and the<br />

ethnic relations were cooperative and neighbourly. The crisis frame which<br />

dominated in the subsequent war was grounded in the experiences of the Balkan<br />

wars and World War II in particular. In this frame:<br />

Atrocities, massacres, torture, ethnic cleansing, a scorched-earth<br />

policy were the rule. Everyone was held collectively responsible for<br />

their nationality and religion, and became a target of revenge and<br />

reprisals. 11<br />

The official policy of Yugoslavia was striving to erase the crisis frame 12 but these<br />

attempts were not successful. The absence of an open debate 13 on the tragic past<br />

6<br />

Vesna Pešić, Country Specific Report on Serbia, 4.<br />

7<br />

See Nina Baltić, Special Report on Theory and Practice of Human Rights and Minority<br />

Rights under the Yugoslav Communist System, 39 et seq. For BH see also Wolfgang<br />

Petritsch, Bosnien und Herzegovina 5 Jahre danach. Hat der Friede eine Chance?, (Wieser<br />

Verlag, Klagenfurt et al. 2001), 31.<br />

8<br />

The necessity to distinguish between these two questions is pointed out by John B. Allcock,<br />

Explaining Yugoslavia, (Columbia University Press, New York 2000), 419.<br />

9<br />

Oberschall, 989.<br />

10<br />

David Snow et al., “Frame alignment processes, micromobilization and movement participation”,<br />

American Sociological Review (1986), 464-481, cited after Oberschall, 989<br />

11<br />

Oberschall, 989.<br />

12<br />

Baltić, 49.<br />

13<br />

According to Hansjörg Eiff a political debate about the recent past (World War II) aiming<br />

at reconciliation was “completely missing”. Hansjörg Eiff, “Anmerkungen zum Zerfall Jugos-<br />

9


may be the major reason for this. What the authoritarian regime offered was not<br />

an open debate, but a party-managed top-down equalisation of ethnic groups,<br />

applying an “ethnic key” in many areas of public life. Even if the Yugoslav system<br />

is considered to be a quite liberal one as compared with other countries of “real<br />

socialism”, an articulation of collective needs by ethnic groups and representation<br />

of collective interests belonged to the restricted domain. Initiating a debate about<br />

the roots of past ethnic violence would definitely overstep the borderline drawn<br />

for the permitted public debates by the communist leadership. 14 Such a debate<br />

would undermine the crucial partisan myth lying at the roots of Tito-Yugoslavia<br />

and legitimating it. A common Communist Party-led antifascist fight of all Yugoslav<br />

peoples was this myth. It was not only propagated by the party but also enforced<br />

by prosecuting its objectors. 15 At the end of the day, however, precisely this lack<br />

of public debate actually conferred upon the not-outspoken past inter-ethnic<br />

violence legendary or mythological forms 16 which could be easily used by<br />

nationalists. The crisis frame was dormant but it still existed. It could be activated<br />

and amplified 17 and this is what actually happened in the course of ethno-<br />

mobilization.<br />

lawiens in den Jahren 1988-1992”, in Dittmar Dahlmann and Milan Kosanović, Sozialistisches<br />

Jugoslawien. Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-Zikic-Stiftung<br />

2001-2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005),177-104, at 189.<br />

14 Baltić, 48-49.<br />

15 Aleksandar Jakir, “Nationale Ideologien und das System der Arbeiterselbstverwaltung im<br />

sozialistischen Jugoslawien“, in Dittmar Dahlmann and Milan Kosanović, Sozialistisches Jugoslawien.<br />

Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-Zikic-Stiftung 2001-<br />

2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005), 99-149, at 123.<br />

16 For examples, see Allcock, 382-383.<br />

17 Oberschall, 989.<br />

10


2.6. Ethno-Mobilization<br />

The table below summarizes definitions of an ethnic mobilization provided for in<br />

country <strong>report</strong>s.<br />

BH Croatia Serbia Kosovo/a Macedonia<br />

The bringing of<br />

members to a state<br />

of<br />

readiness/mobility<br />

that should be a<br />

pre-requisite for the<br />

performance of<br />

other actions or<br />

obstacle to the<br />

sudden or<br />

unannounced attack<br />

by opposing ethnic<br />

groups. In simple<br />

words, ethnomobilization<br />

could<br />

be defined as<br />

“closing ranks”<br />

within a single<br />

national corps in<br />

order to achieve a<br />

certain goal or<br />

perform some<br />

extraordinary work,<br />

most frequently for<br />

the purpose of<br />

“organizing defense<br />

from an enemy”,<br />

i.e. removing the<br />

causes of<br />

vulnerability. 18 It<br />

means bringing<br />

members of one<br />

ethnic group in a<br />

state of readiness,<br />

mobility, what<br />

should be a prerequisite<br />

for<br />

performance of<br />

other actions and/or<br />

obstacle and barrier<br />

to the sudden or<br />

unannounced<br />

“attack” by another<br />

“opposing” ethnic<br />

group or groups<br />

Ethno-mobilization<br />

can be understood<br />

as an<br />

instrumentalization<br />

of ethnic<br />

identities, or in<br />

other words, (mis-)<br />

use of the ethnicity<br />

by the elites, in<br />

order to mobilize<br />

the masses for the<br />

realization of their<br />

political objectives<br />

and (even<br />

personal) interests.<br />

Ethnic mobilization<br />

implies grouping<br />

around the ethnic<br />

lines and the (re)emergence<br />

of<br />

ethnic cleavages<br />

that had<br />

consequences for<br />

the segmentation<br />

of the society.<br />

Ethnic mobilization<br />

can be said to<br />

emerge as a<br />

response to the<br />

threats and fears<br />

that were<br />

intentionally<br />

fostered, or even<br />

manipulated by<br />

politicians who<br />

simply employed<br />

already existing<br />

historical<br />

narratives.<br />

Ethnic<br />

mobilization is<br />

the statebuildingmovement<br />

of a people<br />

led by an<br />

authoritarian<br />

leader who has<br />

succeeded in<br />

assuming control<br />

over the state<br />

apparatus, the<br />

media, the<br />

Church and the<br />

cultural elite,<br />

the involvement<br />

of which is prerequisite<br />

for<br />

achieving the<br />

emotional,<br />

cultural and<br />

political<br />

homogenization<br />

of the nation’s<br />

awareness of the<br />

common enemy<br />

war should be<br />

waged against.<br />

Ethno-mobilization<br />

is ‘the process by<br />

which an ethnic<br />

community<br />

becomes<br />

politicized on<br />

behalf of its<br />

collective interests<br />

and aspirations.<br />

This process<br />

requires<br />

awareness, usually<br />

promoted by<br />

ethnic<br />

entrepreneurs,<br />

that political<br />

action is necessary<br />

to promote or<br />

defend the<br />

community’s vital<br />

collective<br />

interests. This<br />

awareness results<br />

in the recruitment<br />

of individuals into<br />

the movement or<br />

into specific<br />

organizations that<br />

purport to speak<br />

for the movement.<br />

Likewise, financial<br />

and other material<br />

resources required<br />

for political action<br />

are drawn to the<br />

movement.’<br />

Ethnomobilization<br />

is<br />

political<br />

mobilization<br />

along ethnic<br />

lines.<br />

18 The very term “mobilization“ is primarily of military origin and it means “transition of<br />

the nation’s armed forces from peace-time status into mobile status and reaching full battle<br />

readiness” (Bratoljub Klaić, Veliki rječnik stranih riječi (Zora, Zagreb, 1972)). The same<br />

dictionary describes a broader sense of the term “mobilization” as “attracting certain<br />

groups of population [...] to perform some tasks that are required by the current circumstances”,<br />

and “put in motion (for instance, popular masses) for the purpose of performing<br />

some extraordinary work”. The term “ethno-mobilization” would mark the last case: “mobilizing<br />

masses for the purpose of performing some extraordinary work, which would, in the<br />

eve of war in former Yugoslavia, be defense of jeopardized nations (in the broadest meaning<br />

of the word).<br />

11


The evaluation of the term “ethno-mobilization” starts with the broadest<br />

definition, given by the Macedonian Report, which defines ethnic mobilization as<br />

political mobilization along ethnic lines. 19 The other <strong>report</strong>s provide definitions of<br />

ethno-mobilization which are built on to the processes in different countries and<br />

show what is considered the most important factors in ethno-mobilization.<br />

The Serbian <strong>report</strong> defines ethno-mobilization as the state-building<br />

movement of a people - led by an authoritarian leader who gained control over the<br />

state apparatus, the media, the church and cultural elite, the involvement of<br />

which is a pre-requisite for achieving the emotional, cultural and political<br />

homogenization of the nation’s awareness of the common enemy war should be<br />

waged against. 20 It is interesting that the Serbian <strong>report</strong> includes the element of<br />

state building, as “Serbs” were perceived to be an advocate of the maintenance<br />

and perseverance of Yugoslavia as a state - an already existing state - and “they”<br />

accused the other republics/nations of separatist aims, building their own states.<br />

That means that the Serb state-building movement started in a period when they<br />

were living in a state that “they” wanted to preserve as an entity.<br />

In the Croatian <strong>report</strong> ethno-mobilization is defined as the<br />

instrumentalization of ethnic identities, (ab-) use of ethnicity by the elites, in<br />

order to mobilize the masses for the realization of their political objectives and<br />

(even personal) interests. 21 What is relevant here is that manipulation of masses for<br />

the realization of subjective political goals.<br />

The Bosnian <strong>report</strong> puts emphasis on the isolation of one ethnic group from<br />

the other. Each group aims to defend itself from the enemy, “removing the causes<br />

of vulnerability”. 22 The analytical deduction of the word “mobilization” from the<br />

military origin - “the transition of the nation’s armed forces from peacetime status<br />

into mobile status and reaching full battle readiness” points exactly to what<br />

occurred in BiH within a very short period of time. 23 The eighties had been quiet in<br />

BiH as political pressure on nationalistic forces had been heavy. Once ethnic<br />

mobilization started, fueled by influences of ongoing military disputes in Croatia,<br />

the level of ethnic mobilization experienced a sudden shift – inevitable military<br />

mobilization of large parts of the (male) population.<br />

The Kosovo <strong>report</strong> refers to ethno-mobilization as a process by which an<br />

ethnic community becomes politicized on behalf of its collective interests and<br />

aspirations. This process requires awareness, usually promoted by ethnic<br />

entrepreneurs, that political action is necessary to promote or defend the<br />

community’s vital collective interests. 24<br />

Contrary to the other ethnic groups it appears that Albanian ethnomobilization<br />

was a continuing process that started much earlier than in the other<br />

ethnic groups, since they had already been struggling continuously for more rights<br />

in Yugoslavia with a strong emphasis on their “national” affiliation. On the other<br />

hand the point on which “they” took arms to defend themselves from their<br />

enemies was reached much later compared to the other ethnic groups.<br />

To sum up, in the cases of Serbia, Croatia and BiH, on the basis of the<br />

provided definitions, one may speak of ethnic-mobilization driven from the top and<br />

not from the bottom, which was not successfully opposed by a relatively weak civil<br />

19<br />

Zoran Ilievski, Country Specific Report on Macedonia, 3, cited after: James D. Fearon,<br />

Ethnic Mobilization and Ethnic Violence (August 2004, at<br />

http://www.stanford.edu/~jfearon/papers/ethreview.pdf), 7<br />

20<br />

Pešić, 3, 4.<br />

21<br />

Petricusic, 4.<br />

22<br />

Nerzuk Ćurak, Zarije Seizović, Nermina Šačić, Sead Turčalo, Country Specific Report on<br />

BiH, 2.<br />

23<br />

Ćurak, Seizović, Šačić, Turčalo, 3.<br />

24<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming)<br />

12


society. 25 In Croatia and Serbia ethno-mobilization presupposes an initiative and<br />

subsequent commitment of the political leader (-ship) steadily assuming control<br />

over segments of society. In BiH, the situation is similar. The difference consists in<br />

the fact that the political leadership was acting from the outside (Serbia and<br />

Croatia). This concept is close to the instrumentalist model presented in the<br />

introduction. The case of Kosovo is quite different, as the definition does not stress<br />

any special role of political leadership. Stressing the “vital collective interests” of<br />

an ethnic group, it gets close to the primordial model.<br />

2.7. Summary<br />

From this point a summarizing definition of ethno-mobilization is possible as<br />

follows:<br />

Ethno-mobilization is a process of (emotional, cultural and political)<br />

homogenization of societies according to their ethnic identity. The intensity<br />

depends on the promotion of a strong and influential political leader or leading<br />

elite (political parties), religious leaders and intellectuals, and is promoted by the<br />

media and religious communities, pointing to more recent or older collective<br />

traumatic experiences. This leads to the isolation of ethnic groups from one<br />

another, as members of other ethnic group(s) are perceived as enemies.<br />

The most intensive stage of ethnic mobilization results in ethnic conflict<br />

and in the worst case the violent unloading of tensions and attempts at the<br />

extermination/genocide of the enemy group, or at least the backing of actions<br />

taken by the “defence forces” to do so.<br />

As this is an all embracing definition it is clear that not all features must be<br />

fulfilled to set off the avalanche of ethnic mobilization; sometimes it is enough to<br />

have one ethnic group start national homogenization, invoking an automatic<br />

collective process in other ethnic groups.<br />

In order to make this definition more operational, it is helpful to resort to<br />

the concept of cognitive frames. Doing so, one may distinguish two stages of ethnomobilization<br />

in the former Yugoslavia. A shift from the normal frame to the crisis<br />

frame, or more properly the moment, in which the crisis frame becomes dominant<br />

can be regarded as the crucial point. Taking into account that within the crisis<br />

frame the peoples of Yugoslavia think about each other in terms of collective<br />

responsibility for past harms and atrocities, one may argue that a violent ethnic<br />

conflict became unavoidable as the crisis frame started to dominate. A shift from<br />

the normal frame to the crisis frame is thus to be regarded as a “point of noreturn”,<br />

at which the ethnic mobilization inevitably leads to violence. The<br />

establishment of this point of no-return is one of the major goals of this survey.<br />

25 The “top-down” direction in the process of dissolution of Yugoslavia in general is observed<br />

by Allcock, 418. This author seems to link it to the authoritarian rule forcing everything<br />

into the pattern of state-sponsored self-management and, doing so, impeding a creation<br />

of a civil society. See Allcock, 420.<br />

13


3. Prelude to Violent Conflict and Ethnic Mobilization under<br />

the Yugoslav Communist System<br />

3.1. Concept of Statehood during Socialist Yugoslavia<br />

The constitution of 1974 postulated a concept of statehood for Yugoslavia, the<br />

republics and the provinces that became decisive for the coming break-up of<br />

Yugoslavia. It was the result of historical and legal decentralizing and<br />

“democratizing” developments, which gradually conceded ground to the growing<br />

national/republican demands that in the end led to the dissolution of Yugoslavia.<br />

The concept provided for an almost equal position of republics and<br />

autonomous provinces 26 and formally transferred almost all “decisive”<br />

competences to the republican and provincial level. The question of whether the<br />

republican institutions ever had real decisive power has to be seen in the context<br />

of the decision-making process under Tito and his comrades. After his death, the<br />

federal authorities had a problem implementing any decisions they made as all<br />

important decision could be blocked by the mutual veto rights.<br />

The federal state apparatus was, at least at the top level, dominated by the<br />

principle of equal representation of republics and provinces (collective state<br />

leadership/presidency, republican and provincial representation in the communist<br />

party (Central Committee and Presidency of the LCY). The chairs of various state<br />

agencies were filled according to a rotation system based on an ethnic key.<br />

The provinces were granted a veto right concerning the changing of their<br />

constitutional status at federal level. They issued their own constitutions, had their<br />

own legislative, administrative and judicial system, including constitutional courts.<br />

3.1.1. Development of the Concept of Nations and Minorities<br />

The effect of this constitutional system, which provided Autonomous Provinces<br />

within Serbia, was that the largest minorities (Albanians and the Hungarians living<br />

in Kosovo and Vojvodina respectively) were directly represented at the federal<br />

level in the same way as the constitutive nations. Most notably in Vojvodina, rules<br />

of proportional representation and language rights were fairly applied to the state<br />

organization. In Kosovo proportional representation was slowly progressing but in<br />

most fields not fully achieved until the situation in Kosovo started to deteriorate.<br />

In the rest of the republics minority quotas were implemented at a local<br />

level as well. Minorities were proportionally represented in municipalities in the<br />

local assemblies and socialist organizations as a result of adoption of minority<br />

quotas. 27<br />

Besides “political” participation, which was fairly developed since the<br />

sixties, the promotion of cultural rights commenced immediately after the Second<br />

World War by establishing and gradually extending a minority educational system<br />

as well as assistance in cultural fields (newspapers or theatres in minority<br />

languages, etc.).<br />

Such rights were denied to the nations, which lived outside their “native”<br />

republics and were numerically inferior to the majority population, for example<br />

the Serbs in Croatia or the Croats in Slovenia (economic migrants whose number<br />

had increased considerably through the years). Any aspirations to form cultural<br />

associations were suppressed by the regime and denounced as “nationalistic”. The<br />

status of a “nation” was regarded as sufficient, since they were in a stronger<br />

26 Pešić, 7.<br />

27 Since the system of minority protection was never completely applied to all communes<br />

that had minorities living in their territory.<br />

14


political position (which in the Yugoslav context does not mean the freedom of<br />

political participation in a truly democratic sense), hence there was no need for<br />

protection.<br />

There was almost no institutional distinction between the republics and<br />

provinces anymore. The distinction manifested itself in the status attached to the<br />

inhabiting nations and nationalities. The first Basic Principle of the Federal<br />

Constitution stated that the “nations, proceeding from their right to selfdetermination,<br />

including the right to secede, […], have together with the<br />

nationalities with which they live, united in a federal republic of free and equal<br />

nations and nationalities …” 28 . Therefore they (the nations) were perceived to<br />

have a right of self-determination and secession under the Yugoslav Constitution.<br />

In the riots of 1968 and 1981 the Albanians (in particular in Kosovo) wanted<br />

their status to be changed from a national minority to that of a nation. This would<br />

have incorporated the mentioned rights of self-determination and secession.<br />

The Albanians in Kosovo were intentionally not granted the status of a<br />

nation with the Constitution of 1974 29 . Equalization was pursued by giving Kosovo a<br />

strong status providing almost all features of statehood and the adjustment of an<br />

Albanian representation in state agencies, hoping that a virtual equalization would<br />

satisfy Albanian demands.<br />

However, this compromise left the Albanians unsatisfied, as it amounted to<br />

a denial of the right to self-determination and secession.<br />

3.1.2. Self-determination and secession in particular<br />

The question of self-determination and secession was hardly dealt within the<br />

constitutional Yugoslav system and was vague under international law. How far the<br />

right of self-determination and secession goes is and was disputed both under the<br />

Yugoslav law and international law.<br />

Concerning the Albanian minority it is clear that they did not possess the<br />

right to self-determination and secession under Yugoslav national law. The<br />

Yugoslav constitution limited this right to constituent nations and Albanians were<br />

not granted this status. 30<br />

Today, after a long period of disputes in international law concerning the<br />

scope of the aforementioned rights, the right to (internal) self-determination<br />

concerning national minorities is tending to develop into a right of participation in<br />

political affairs and to preserve and develop their own identity. 31 In general, there<br />

is confusion on the basis of international law as to whether national minorities have<br />

the right to self-determination including the right to secession (external self-<br />

28 “The nations of Yugoslavia, proceeding from the right of every nation to selfdetermination,<br />

including the right to secession, on the basis of their will freely expressed in<br />

the common struggle of all nations and nationalities in the National Liberation War and Socialist<br />

Revolution, and in conformity with their historic aspirations, aware that further consolidation<br />

of their brotherhood and unity is in the common interests, have, together with<br />

the nationalities with which they live, united in a federal republic of free and equal nations<br />

and nationalities and founded a socialist federal community of working people – the Socialist<br />

Federal Republic of Yugoslavia, in which in the interests of each nation and nationality<br />

separately and of all of them together, they shall realize and ensure ...”, see The Constitution<br />

of the Socialist Federal Republic of Yugoslavia, translated by M. Pavčić, (Jugoslovenski<br />

pregled, Beograd 1989), S. 9.<br />

29 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming)<br />

30 This interpretation was also adopted by the Constitutional Court of Yugoslavia in its decision<br />

of 19 February 1991. Cited after Peter Radan, The Break-up of Yugoslavia and International<br />

Law (Routledge, Oxon, 2002), 198.<br />

31 Antonio Cassese, Self-determination, a legal reappraisal (Cambridge University Press,<br />

Cambridge, 1995), 352, 353.<br />

15


determination), as the latter is granted to “peoples” only and not to national<br />

minorities. Moreover, public international law tends to preserve the sovereignty of<br />

existing states. 32 Although the concepts of minority rights and self-determination<br />

were developed independently, an overlap may occur, if the national minority is at<br />

the same time “a people” or a part of it, 33 as it is the case of Albanians. One may<br />

argue that in this situation the minorities’ rights are to be regarded as a fulfillment<br />

of the right to self-determination. 34 The latter may, however, generate the right to<br />

secession, if the minorities’ rights are gravely disregarded and secession represents<br />

the only way to avoid flagrant violations of these rights. 35 There is until now no<br />

clear legal position on Kosovo problem. Yet, it has been observed that in the<br />

practice of the UN with regard to Kosovo, reference to the right to selfdetermination<br />

is carefully avoided. 36<br />

Croatia and Slovenia and afterwards BiH and Macedonia had claimed that<br />

they had a right to self-determination and (an entailed) right to secession under<br />

the Yugoslav Constitution. Since the right to self-determination and secession<br />

referred to nations, the Serbs in Croatia and in BiH claimed that they also had the<br />

right to secession from the republics that wished to leave Yugoslavia.<br />

The claims of the four republics, however, were challenged by many<br />

Yugoslav scholars. 37 The Federal Executive Council took the position “that the right<br />

must result from a democratic process and not from a unilateral act.” 38 The same<br />

position was taken by the Constitutional Court of Yugoslavia which also stressed<br />

that Yugoslavia’s international borders can only be altered by virtue of laws passed<br />

by the Federal Assembly (Article 183). 39 This interpretation can be regarded as<br />

being in line with the concept of self-determination prevailing in international law,<br />

given its reluctance towards affirming a right to secession. 40 In contrast, the<br />

principle of the Yugoslav constitution understood autonomously and literally, as<br />

linking self-determination unconditionally to the right of secession, would go far<br />

beyond of what is established under international law. One must keep in mind that<br />

the right to secession under public international law, if acceptable at all, must<br />

preserve a character of “an absolute exception”. 41<br />

32 Knut Ipsen/ Hans-Joachim Heintze, Völkerrecht (C.H. Beck, München 2004), 423. According<br />

to M. Shaw “Self-determination as a concept is capable of developing further so as to<br />

include the right to secession from existing states, but that has not as yet convincingly happened.”<br />

See Malcolm N. Shaw, International Law (Cambridge University Press, Cambridge<br />

2003), 231.<br />

33 Ipsen/Heintze, 413.<br />

34 This was apparently the position of Badinter Committee in its opinion regarding the status<br />

of Serbians in Croatia and Bosnia-Herzegovina, see Opinion No. 2, (3) European Journal of<br />

International Law (1992), 184.<br />

35 Ipsen/Heintze, 414. This view is not shared e.g. by Shaw, 231. According to Heintze, the<br />

right to secession must have a character of “an absolute exception”. Ipsen/Heintze, 423.<br />

Heintze invokes an argumentum a contrario from the Resolution of the UN General Assembly<br />

Resolution on Friendly Relations (Friendly Relations Declaration, Res. 2625 (XXV)) which<br />

does not constitute a source of international law as such and may be only regarded as a<br />

piece of evidence of respective customary law rule.<br />

36 Ipsen/Heintze, 415.<br />

37 Cp. Ben Bagwell, “Yugoslavian Constitutional Questions: Self-Determination and Secession<br />

of Member Republics”, Georgia Journal of International and Comparative Law (1991), 489-<br />

523, at 509.<br />

38 Ibid., 511.<br />

39 Cited after Radan, 169 and 173.<br />

40 See supra, p. 15.<br />

41 See supra, fn. 35<br />

16


Under the international law the right to self-determination had developed<br />

from a vague principle of a right held by peoples. 42 Nevertheless, the principle of<br />

self-determination was not developed far enough, let alone the question about the<br />

implementation of such a right to self-determination or secession, that it could<br />

have provided rules for the handling of the process of dissolution in Yugoslavia. 43<br />

Therefore “the achievement of independence by Slovenia, Croatia, Bosnia and<br />

Herzegovina and Macedonia […took] place beyond the regulation of the existing<br />

body of laws.” 44<br />

The Badinter Committee applied the uti-possidetis principle to take ground<br />

from a further truncation of the seceding entities. Eventually, the right to selfdetermination<br />

and secession was recognized only for the former nations of<br />

Yugoslavia within the existing republican borders. This Badinter Committee’s idea<br />

of the uti-possidetis concept was vigorously criticized by many scholars. 45 Minorities<br />

like the Albanians or minorities that emerged with the dissolution of Yugoslavia<br />

(the Serbs in Croatia) were therefore not accorded the right to secession.<br />

Looking at the right to self-determination as a factor triggering the process<br />

of ethno-mobilization it is difficult to claim that its actual legal contents had a<br />

decisive impact on it. It was rather its common perception as a “right to secede”<br />

and this perception had no foundation either in the Yugoslav constitutional law, or<br />

in the public international law. This perception had a destructive impact.<br />

Accordingly, it was initially used by Croatia and Slovenia to justify their<br />

secession, 46 and subsequently by Serbian communities in Croatia and BiH to justify<br />

their secessions, 47 the last two in the capacity of the Serbian people as a<br />

constituent nation and not as a “minority”. This will be evaluated under point 5.4.<br />

3.1.3. The concept from Serbia’s perspective<br />

For all republics and nations and nationalities the development which Yugoslavia<br />

had undergone, presented a continuing affirmative process, except for Serbia, for<br />

which it was a reverse process.<br />

Serbia was the only republic with autonomous provinces. And its problem<br />

with the 1974-Constitution was twofold. Internally, the implementation of uniform<br />

laws on the whole republican territory was very difficult or even impossible, since<br />

laws, which were not approved by the provincial assemblies (basically laws had to<br />

be adopted by consensus of all three entities) applied only to “Serbia proper”. 48<br />

Externally, it was confronted with the fact the representative of the Serbia<br />

(proper) represented only one part of Serbs living on Serbian territory 49 , while the<br />

other republics represented their “nations” living in their republican territories<br />

Therefore in Serbia the resistance against such a concept of the Serbian<br />

state emerged. It was consolidated in the “Blue Book”, which was unpublished until<br />

1990 and perceived to be nationalistic by the other republics and in particular by<br />

42 Cassese, 65-66.<br />

43 This is mainly due to the fact that the concept of external self-determination was shaped<br />

largely within the decolonisation process. In this particular context, the territory for which<br />

the external self-determination was claimed did not constitute a part of the territory of the<br />

colonial power. Ipsen/Heintze, 422. The case of Yugoslavia’s dissolution was much different.<br />

The seceding republics were a part of Yugoslavia’s territory, the inviolability of which<br />

was moreover protected by constitutional provisions.<br />

44 Cassese, 270.<br />

45 These opinions are referred to by Radan, 242 who adopts a critical view himself too, see<br />

Radan, 247.<br />

46 See Radan 173 and 177 respectively.<br />

47 Radan, 173 and 177 respectively.<br />

48 Pešić, 9.<br />

49 Pešić, 8.<br />

17


the provinces. 50 On the Serbian side, the delay in addressing the attempts to<br />

redefine Serbian competences and institutionalize Serbian authority in an<br />

appropriate way on a common basis with the others was perceived as “part of the<br />

anti-Serbian coalition”. 51<br />

The incapability to resolve the problem by means of negotiation between all<br />

republics and provinces (which was necessary to address Serbian internal affairs<br />

according to the Constitution) resulted in the instrumentalization and exploitation<br />

of the question of Serbia’s status by nationalistic forces in the party, military and<br />

police. 52<br />

Serbian mass emigrations from Kosovo, the high birth rate amongst the<br />

Albanian population 53 and the gradual acquisition of proportional representation,<br />

meant a gradual weakening of the Serbian population in Kosovo. This was the<br />

starting shot for the coming tragedy of war in the former Yugoslavia.<br />

3.2. Economic Preconditions for Ethno-Mobilization<br />

In the economic context, two factors can be identified as contributing to ethnomobilization.<br />

Probably the most important factor is the profound decentralization<br />

of the decision making process resulting from the adopted system of workers’ selfmanagement.<br />

A substantial gap in the level of economic development between the<br />

republics is the second factor. Both factors must be seen against the background of<br />

overall “extreme crisis” 54 which plagued Yugoslavia in the eighties.<br />

The Constitution of 1974 at the latest transformed Yugoslavia into a de<br />

facto confederation. 55 It is even claimed that the adoption of this constitution put<br />

an end to the common state installing a system of Balance of Nations (or States) on<br />

the territory of SFRY. 56 The highly complex system of organizations of associated<br />

labour forming the key element not only of economic, but also of the political<br />

structure of the country could be hardly understood by ordinary people. At the of<br />

the day, a system which was supposed to defeat “technocracy” and<br />

“managerialism” by strengthening worker control over the enterprises fell easily<br />

under the control of local party bosses. 57 According to a study carried out in the<br />

eighties, there were oligarchic structures of power in place that worked in favor of<br />

50<br />

Pešić, 9.<br />

51<br />

Pešić, 9,10.<br />

52<br />

Pešić, 8.<br />

53<br />

Pešić, 10.<br />

54<br />

Sabrina Ramet, Balkan Babel (Westview Press, Oxford 2002), 50.<br />

55<br />

Baltić, 19.<br />

56<br />

Milan Kosanović, “Auf dem Weg zur selbstverwalteten Konföderation. Der jugoslawische<br />

Föderalismus im Spiegel der Verfassungstexte“, in Dittmar Dahlmann and Milan Kosanović,<br />

Sozialistisches Jugoslawien. Politik, Wirtschaft und Gesellschaft, Vorträge der Michael-<br />

Zikic-Stiftung 2001-2005, (Michael-Zikic-Stiftung, Universität Bonn, Bonn 2005), 63-98, at<br />

93.<br />

57<br />

Allcock, 92. Christiane von Kohl identifies two factors which led to this development. The<br />

first factor lies in the nature of Kardelj’s self-management concept: The decentralization of<br />

decision-making process did not go along with the abolishment of the monopoly of the<br />

Communist Party which was still supposed to be “responsible for everything”. The second<br />

factor is the mentioned complexity of the system. It became complex in the course of the<br />

reforms in the sixties and – above all – with the Law on Associated Labor (Zakon o<br />

udruženom radu) from 1976. The bureaucratic and incomprehensible language, in which it<br />

was written, made it vulnerable to arbitrary interpretation by the party functionaries.<br />

Christiane von Kohl, Jugoslawien (C.H. Beck, München 1990), 19-21. See also from the economic<br />

point of view Werner Gumpel, “Das Wirtschaftssystem”, in Klaus-Detlev Grothausen<br />

(ed.), Handbuch Südosteuropa. Band I.Jugoslawien (Vandenhoeck & Ruprecht, Göttingen<br />

1975), 199-234, at 230.<br />

18


the professional management and against the interests of workers. 58 Hence, one<br />

may assume that the economy was controlled by managerial and party elites at the<br />

republican or regional level advocating particular and egoistic local, mostly<br />

republican interests. 59<br />

Because of the aforementioned development cleft and differences in the<br />

economic structure of the republics, their economic interests were often<br />

contradictory and revealed high conflict potential. This conflict potential could not<br />

be mitigated by establishment of the FADORUK (Federal Fund for Accelerated<br />

Development of the Undeveloped Republics and Kosovo). On the contrary, it was<br />

even aggravated as it served as reason for complaints from all parties about the<br />

volume and allocation of FADORUK resources. 60 In general, it has been observed<br />

that the most open conflicts taking place between the elites of various republics<br />

referred to economic contradictions and the uneven distribution of wealth.<br />

Therefore these must not be underestimated. 61<br />

The impetus for ethno-mobilization could arise out of this situation and it<br />

did arise as the articulation of economic interests of the republic shifted to<br />

nationalistic argumentation. 62 The economic interests hidden behind the<br />

nationalistic rhetoric were also contradictory, as assessed in the context of<br />

potential secession. Whereas Slovenia, with its manufacturing and food-processing<br />

links to Austria, Italy and Germany, and Croatia, with its tourism sector, were in<br />

the position to generate economic growth as independent states, the prospects for<br />

the Serbian economy, especially in the case of the loss of Kosovo or even<br />

Voivodina, were very unfavourable. 63 Over the course of the economic crisis in the<br />

eighties, the Slovenian elites for example, formulated a political program which<br />

was summarized by the slogan “Nećemo u Evropu preko Beograda” (we don’t want<br />

to go to Europe via Belgrade). 64 The inner-Yugoslav ties were not strong, and the<br />

local elites were ready to break them as soon as their economic interests could be<br />

realized in a different setting in a more effective manner. 65<br />

The main characteristics of the economic crisis in the eighties were<br />

tremendous foreign debt, denied access to new credits, recession and falling<br />

industrial production. 66 The inability of the central Yugoslav government under<br />

Ante Marković to enforce reform steps against the resistance of republican elites 67<br />

seems to confirm the decisive role of the latter. The more the crisis proceeded,<br />

the more economic egoism determined inter-republican relations and the more this<br />

contradictory economic egoism generated nationalism. The Serb-Croat opposition<br />

seems to play a particularly important role and this issue will be explored below.<br />

As far as contradictory economic interests are to be considered as a basis<br />

from which nationalistic feelings arose that shifted the cognitive frame and led to<br />

the violent ethnic conflict, this process fits best into the constructionist<br />

explanation model of ethno-mobilization.<br />

Finally, one more aspect of the economic reforms of the eighties must be<br />

added. The reform steps taken under the pressure of International Monetary Found<br />

58<br />

Jakir, 140 quoting a study of Vladimir Arzenšek, Sudbina radničkih saveta, Sociologija<br />

(1984), 13.<br />

59<br />

Jakir, 122-124, 128. This view seems to be shared by Allcock, 93 and 426.<br />

60<br />

Baltić, 16-17; Jakir, 146.<br />

61<br />

Jakir, 103.<br />

62<br />

Jakir, 104.<br />

63<br />

Allcock, 427.<br />

64<br />

Eiff, 192<br />

65<br />

See also Eiff, 184.<br />

66<br />

Its nature and roots are not evaluated here as they have little to do with ethnomobilization.<br />

For a compact description see Allcock, 423 and Ramet, 50-51.<br />

67<br />

Allcock 97; Eiff, 188.<br />

19


(hereafter: IMF) from 1985-1986 dismantled the system of self-management and<br />

abolished the organizations of associated labor. 68 On the one hand, it is true that<br />

the capability of this system to generate economic growth was low and this became<br />

visible to foreign scholars much earlier. 69 On the other hand, the symbolic power of<br />

self-management must not be underestimated. Self-management was the<br />

“Yugoslav road to socialism”, the entire pride arising from Tito’s “no” to Stalin, a<br />

trump in foreign policy, an object of fascination for foreigners, and along with the<br />

partisan myth a core element of “Yugoslav” identity. 70 Noting this, one must be<br />

aware of how important this brace, which was taken away by the reform from<br />

1985-1986, had been.<br />

3.3. Increasing of Ethnic Tensions<br />

The cleansings of Croatian Spring had led to a subdued attitude of the Croatian<br />

Communist Party in the eighties, which in turn lacked legitimacy from the Croatian<br />

population. 71 As there was no official political forum, nationalism spread latently<br />

through the civil society in Croatia. It was promoted by the processes going on in<br />

Serbia.<br />

Milošević picked up what was provided by the church and the intellectuals. 72<br />

He put it on the political stage and made it accessible to a broader population so<br />

that nationalism could spread. He used mass-movements and an anti-bureaucratic<br />

revolution against the institutionalized system of the provinces “impeding” Serbian<br />

power (in his nationalistic sense). Thus he brought down the provincial leadership<br />

in Vojvodina, cleansed the leadership in Kosovo, and seized power with his allies in<br />

Montenegro. 73<br />

Tensions also became appreciable in Croatia. In the late eighties pro-<br />

Serbian demonstrations of Croatian Serbs took for example place in Knin. 74 This was<br />

another step in the spiral of ethnic mobilization in Croatia, which also shifted the<br />

Croatian national/istic estimation to a higher level. The Croatian Communist Party<br />

(except for many of the Serbian party members) and the Croatian population took a<br />

critical view of Milošević’s policy. 75<br />

While throughout the eighties the media became less and less restricted and<br />

diverse political opinions were present in public, a definitively open stadium of<br />

ethnic mobilization was only reached with the legalization of other parties for<br />

democratic elections besides the Communist Party. It looked like now<br />

“nationalism” had an open political stage in Croatia and BiH.<br />

68 Ramet, 50.<br />

69 See for example the critical assessment of Wolfgang Gumpel from 1975; Gumpel, 212-<br />

214.<br />

70 See Allcock, 422; von Kohl, 19; Tadeusz Szymczak, Jugosławia. Państwo Federacyjne<br />

(Wydawnictwo Łódzkie, Łódź 1982), 202. From the point of view of the “official” Yugoslav<br />

ideology, “a common progress and goals in a socialist self-managing community of peoples“<br />

was the factor uniting multi-ethnic Yugoslavia, considered even as more important than the<br />

partisan myth. See Michael B. Petrovich, “Population structure”, in Klaus-Detlev<br />

Grothausen (ed.), Handbuch Südosteuropa. Band I.Jugoslawien (Vandenhoeck & Ruprecht,<br />

Göttingen 1975), 322-344, at 337<br />

71 Petricusic, 5.<br />

72 Pešić, 13.<br />

73 Petricusic, p. 6, cited after: Paul Garde, Život i smrt Jugoslavije (Ceres, Zagreb, 1997),<br />

246-255.<br />

74 Petricusic, 6.<br />

75 Petricusic, 6.<br />

20


Nevertheless, the political protagonists promoting nationalism who emerged<br />

in the nineties came from the opposition in Croatia - although Tuđman was a<br />

former partisan and a Communist Party member, he belonged to the group of<br />

dissidents who were imprisoned for their (nationalistic) opinions and attitude<br />

against the regime in the seventies and eighties.<br />

The fact that the republics sought independence by building nation states<br />

loomed seriously ahead. This concept was suitable for all the republics, except BiH<br />

in which no nation had an absolute majority. 76<br />

The situation that arose at the eve of the war was dominated by two rival<br />

nationalisms striving for contradictory political and economical aims.<br />

76 Ćurak, Seizović, Šačić, Turčalo, , 7.<br />

21


4. Actors and Means of Ethno-Mobilization<br />

4.1. Politicians/Political Parties<br />

4.1.1. Developments on the political scene<br />

Knowing well the fragile situation in BiH, the Communist Party of BiH tried to<br />

impede the establishment of political parties based on national or religious<br />

grounds. The attempt failed and the multi-party elections brought the country a<br />

political break-up almost entirely along ethnic lines. None of the three large<br />

nationally-affiliated parties in the parliament won an absolute majority,<br />

proportional to Bosnia and Herzegovina’s population, however they defeated the<br />

former Communist Party (13 %) and the other small parties that altogether had a<br />

share of 4.6 % in the elections. 77<br />

In addition to participation in the newly built Bosnian state, the<br />

representatives of the SDS (Srpska Demokratska Stranka) - the Serbs in BiH -<br />

created their own para-state institutions (the Assembly of the Serb People in BiH)<br />

and issued an unconstitutional referendum on the question of whether the citizens<br />

agreed with “the decision made by the Serbian people in BiH and Herzegovina on<br />

24 October 1991, that the Serbian people should remain in the common country of<br />

Yugoslavia, together with Serbia, Montenegro, SAO Krajina, SAO Slavonija, Baranja<br />

and Western Srem”. 78 The outcome of the referendum marks the end of the<br />

parliamentary work of all three nations in BiH. 79<br />

BiH was the last of the four republics seeking international recognition to<br />

conduct a referendum on independence - one of the conditions for recognition as<br />

an independent state posed by the Badinter Committee. In February/March 1992<br />

the Referendum of Independence of BiH was held and affirmed by 99.44 % of the<br />

participating population (Bosniaks and Croats), while the Serb population<br />

boycotted the referendum. Shortly before the Republika Srpska of Bosnia and<br />

Herzegovina was created, a Constitution proclaiming the “state of the Serbian<br />

people and all other citizens” was issued. 80<br />

The completion on the Bosnian Croatian side was established with Hrvatska<br />

zajednica Herceg-Bosna (18 October 1991), renamed the Hrvatska Republika<br />

Herceg-Bosna on 28 August 1993 – a separate economic, political, cultural and<br />

ethno-territorial unit on the territory of Bosnia and Herzegovina. 81<br />

Ethnic cleansing took place in the form of expulsion of non-Croatian<br />

population, removing of local non-Croatian leaders, spreading ideas of Larger<br />

Croatia and Croatian symbols. 82<br />

The behaviour of their fellow-citizens, the Bosnian Serbs and Croats,<br />

induced the ethno-mobilization and ethno-religious radicalization of Bosniaks. The<br />

Bosnian <strong>report</strong> sees ethno-mobilization in BiH as a reaction to the ethnomobilization<br />

in Serbia and Croatia, in which the Bosniaks were the last group<br />

grasped by nationalism and ethnic hatred. 83<br />

The SDA (Stranka Demokratske Akcije) (Muslims/Bosniaks) emerged as the<br />

strongest party from the elections in 1990. However, the MBO (Muslim Bosniak<br />

Organization) split from the SDA immediately after a rally in Velika Kladusa on 15<br />

77 Ćurak, Seizović, Šačić, Turčalo, 12, 13.<br />

78 Ćurak, Seizović, Šačić, Turčalo, 16, 17.<br />

79 Ćurak, Seizović, Šačić, Turčalo, 36.<br />

80 Ćurak, Seizović, Šačić, Turčalo, 42.<br />

81 Ćurak, Seizović, Šačić, Turčalo, 38.<br />

82 Ćurak, Seizović, Šačić, Turčalo, 36.<br />

83 Ćurak, Seizović, Šačić, Turčalo, 20 fn. 20, 24, 36.<br />

22


September 1990 which bore Muslim-nationalist symbols, with the argument that the<br />

SDA was too religious. 84<br />

In this context it is interesting that the group around Alija Izetbegovic,<br />

adopted leading political positions only after the first multi-partisan elections,<br />

while they played no outstanding role during the electoral campaign. 85<br />

The Croatian <strong>report</strong> also postulates that the emerging nationalism in the<br />

late eighties was spilling over from the eastern neighbourhood. 86<br />

The voting system in Croatia 87 and Serbia allowed the HDZ and the SPS to<br />

occupy the absolute majority of the parliamentarian seats - while their majority<br />

was only a relative one according to the election results.<br />

Once the HDZ, with Tuđman on top, assumed institutionalized political<br />

power, it developed further political supremacy. For this purpose the media were<br />

aligned and freedom of (oppositional) speech was suppressed. The triumph of the<br />

HDZ in the elections, whose members revealed ultra-nationalist statements against<br />

Serbs and Jews, shifted radicalism and support for the, until then, rather weak<br />

party of the Croatian Serbs (established in 1990) to a higher level. 88 The<br />

referendum on the independence of Croatia (May 1991), adopted in (25 June) and<br />

proclaimed in October 1991, was partly boycotted by the Serb population. A<br />

“referendum on Serbian autonomy” had taken place in August 1990. In December<br />

1990, Croatian Serbs in Knin proclaimed the Serbian Autonomous district Krajina<br />

and announced independence from Croatia. 89<br />

Milošević’s Socialist Party of Serbia, a transformation of the League of<br />

Communists of Serbia, continued the policy it commenced of intermingling left<br />

ideologies and nationalism, using the slogans of extreme right wing parties to make<br />

people believe that these parties would direct the country into war. 90 The state<br />

media were in line with Milošević’s policy, and he did not hesitate to use all means<br />

to suppress any opposition in Serbia.<br />

In Pristina, three days before the provincial assembly was dissolved by<br />

Milošević it issued The Declaration of Independence. Three months later, deputies<br />

from the dissolved assembly proclaimed a Constitutional law for “The Republic of<br />

Kosovo,” and finally one year later a referendum – attended by Albanians - was<br />

held on the same issue, in which 99 % voted in favour of an Independent Kosovo.<br />

The <strong>report</strong> from Kosovo states that the political leadership in Kosovo<br />

pursued a rather passive approach towards the increasing Serbian suppression. This<br />

ineffectiveness, which did not lead anywhere for the Albanians in Kosovo, caused<br />

the formation of the KLA (Kosovo Liberation Army), who pursued different tactics<br />

to remedy the situation of the Albanians in Kosovo. 91<br />

In Macedonia a relative majority was won by the nationalist VMRO-DPMNE,<br />

however the transformed Communist party and other parties acted as<br />

counterbalance and the presidency went to a person with a moderate attitude:<br />

Kiro Gligorov. 92 After the admission of the equalization of the Albanian ethnic<br />

group, the referendum on independence, held on 8 September 1991 was boycotted<br />

and the Constitution adopted on 17 November 1991 was rejected by the Albanian<br />

population. 93 They organized a referendum on their own for the establishment of<br />

84<br />

Ćurak, Seizović, Šačić, Turčalo, 39.<br />

85<br />

Ćurak, Seizović, Šačić, Turčalo, 15.<br />

86<br />

Petricusic, 5.<br />

87<br />

Petricusic, 6, 7.<br />

88<br />

Petricusic, 7.<br />

89<br />

Petricusic, 7.<br />

90<br />

Pešić, 15, 19,<br />

91<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

92 Ilievski, 5, Pešić, 21.<br />

93 Ilievski, 37.<br />

23


an “Autonomous Republic of Ilirida” in January 1992 on the territory inhabited<br />

predominantly by Albanians. 94<br />

The Badinter Committee considered all conditions to be fulfilled by the<br />

Macedonian state (including the minority rights protection) and recommended its<br />

recognition 95 ; however, at first Macedonia was not recognized since Greece<br />

prevented recognition by the EC States due to the dispute over the name of the<br />

newly independent state. 96<br />

4.1.2. Evaluation<br />

The results of the first multi-party elections, and in particular the voting systems<br />

implemented in different republics, set the course for further developments<br />

throughout the nineties. It was in particular the strong position that the HDZ and<br />

SPS gained in Croatia and Serbia respectively without a real political<br />

counterbalance that enabled political power to be channeled in a certain direction.<br />

This also influenced the fate of Bosnia and Herzegovina. The transformed<br />

Communist Parties lost elections in all republics to the right wing parties, except in<br />

Serbia. 97 In Macedonia, however, there was some counterbalance from the other<br />

parties who were involved in the political decision-making process.<br />

The time of 1990-1992 was full of referenda and counter referenda and<br />

proclamations of independence in all republics throughout former Yugoslavia –<br />

except in Serbia (“Proper” and Vojvodina), Montenegro, 98 and Kosovo.<br />

On the one hand it was a reaction to the conditions posed by the Badinter<br />

Committee to gain independent statehood for the republics (as the republics had<br />

proclaimed independence before the referenda were held). At the other hand it<br />

was the desire to form new entities adjusted to the needs of the different ethnic<br />

groups within the actually existing borders, based on a perceived right to selfdetermination<br />

and secession.<br />

In the comparative perspective, one may observe a twofold similarity of the<br />

situation in Serbia and in Croatia. In both republics, an absolute majority was won<br />

by parties advocating nationalistic ideologies led by charismatic leaders willing to<br />

consolidate political power. These victories – generated by the electoral system to<br />

a larger extent in Croatia than in Serbia – resulted in the radicalization of political<br />

forces acting within the other ethnic (“minority”) communities in both republics:<br />

the Serbs in Croatia and the Albanians in Serbia. This scenario was avoided in<br />

Macedonia with respect to the Albanian community because of, first, the moderate<br />

approach of the President, and second, the existence of real political counterweights<br />

limiting the power of the victorious party. The consolidation of the Bosnian<br />

political scene along ethnic lines 99 can be seen as a derivative of what had<br />

happened in Croatia and Serbia. At the time of elections in BiH (18 November<br />

1990), an authoritarian nationalistic rule was already consolidated in Croatia and<br />

Serbia as a result of the elections in April/May 1990 and the “anti-bureaucratic<br />

revolution,” respectively. The established condominium of forces, becoming<br />

94 Ilievski, 4, 37.<br />

95 Ilievski, 28.<br />

96 Ilievski, 28.<br />

97 And Slovenia, which can be left aside in this particular context.<br />

98 The referendum of Independence of Montenegro from Serbia followed in 2006.<br />

99 Each of the nationalist parties attracted at least 84 per cent of votes from their respective<br />

national constituencies. See Radan, 183. One must, however, note that also the parties<br />

of Bosnian Serbs and the Croats had quite moderate programmes initially, which became<br />

more and more nationalistic due to the influence exerted on them by Belgrade and Zagreb<br />

government respectively.Petritsch, 32-33.<br />

24


themselves more and more nationalistic, 100 could not integrate the ethnic-groups in<br />

Bosnia and Herzegovina or significantly slow down ethno-mobilization.<br />

The process of how the political leaders in Croatia, but also in Serbia<br />

assumed control over the intellectuals is well described by Dubravka Ugresic. 101 It<br />

consisted mainly in corrupting one group appointing them for various “honourable”<br />

state positions, while fingering the others as traitors, the latter method being also<br />

consequently used towards all moderately minded people.<br />

4.2. Civil Society and Intellectuals<br />

The initiative of Serbian intellectuals culminating in the Serbian Academy of<br />

Science and Arts (SANU) memorandum of 1986 remained without example in the<br />

other republics. In the late eighties intellectuals publicly expressed complaints<br />

about the suppressive regime throughout all the republics. Within the newly<br />

established states many of them took the same line with the respective regimes. In<br />

Croatia, however, there emerged NGOs who monitored human rights and helped<br />

minority members with legal and factual assistance. 102<br />

In Macedonia the political scenery was more diversified than in Serbia and<br />

Croatia. Intellectuals who did not adopt a nationalistic attitude nevertheless<br />

remained in the minority. 103<br />

The situation in Kosovo was different. The demonstrations in 1968, 1981<br />

were all dominated by students and professors. During that time the University in<br />

Pristina and the schools were regarded as strongholds of Albanian nationalism.<br />

Later on, intellectuals were not just one of many groups who played an important<br />

role in the political process - they were the group from which most of the political<br />

protagonists were recruited. This might be explained by the desire to compensate<br />

for the lack of education that was attached to the Albanian ethnic group for a long<br />

time. 104<br />

The role of intellectuals in ethno-mobilization was decisive, as they gave<br />

the nationalist movements the “scientific” shift and justification on which the<br />

other strata of society could rely to justify their own views or deeds.<br />

4.3.1. JNA<br />

4.3. Military, Paramilitary and State Intelligence Agencies<br />

The Yugoslav Peoples Army (hereinafter JNA – Jugoslovenska Narodna Armija) was<br />

regarded as the guardian of Yugoslav Integrity under Socialist Yugoslavia and<br />

remained a stronghold of conservative forces closely connected to the Communist<br />

Party. The JNA derived its position from the “heroic victory” over the fascist<br />

enemies and the “liberation of the South Slav peoples”. It was the military wing of<br />

the League of Communists of Yugoslavia. 105 When the routing institution - the<br />

League of Communists of Yugoslavia - disintegrated and the position of the JNA was<br />

questioned in the changing political atmosphere in the republics, it had to seek a<br />

100<br />

Petritsch, ibid.<br />

101<br />

Dubravka Ugrešić, The Culture of Lies. Antipolitical essays, (Penn State University Press,<br />

Pennsylvania 1998), passim.<br />

102<br />

Petricusic, 9.<br />

103<br />

Ilievski, 9.<br />

104<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

105 Pešić, 14.<br />

25


new ally who would secure the strong position it once held. 106 JNA officers had<br />

offered to defend Yugoslavia’s unity but were rejected by the Yugoslav Federal<br />

presidency. 107 JNA became de facto “vojska bez države” – an army without a<br />

state. 108<br />

Milošević, claiming to be the guardian of Yugoslav unity and assertor of<br />

socialist values, won the high representatives in the JNA over to his purposes,<br />

pursuing his goals with behaviour models well known and well fitting to the JNA<br />

from former Yugoslav times. 109<br />

When tensions rose, the military servants were withdrawn to their<br />

respective republics and the JNA-Corps became nationally homogenized with a<br />

composition of almost exclusively Serbs and Montenegrins. 110 This “Serbization” of<br />

the JNA was to some extent also brought about by members of other nationalities<br />

which deserted from the army or simply left it, as they were unwilling to<br />

participate in its attempts to preserve Yugoslavia. 111 Much of the personnel who<br />

left the JNA became the root of new armies in the separatist territories. 112 The<br />

decisive fact is that in a relatively early stage of the conflict the JNA was standing<br />

shoulder-to-shoulder with Milošević’s regime and Serb separatists in Croatia and –<br />

most evidently – in BiH. This mere fact was known to the Croats and Bosniaks and,<br />

as will be argued below, could have contributed to ethno-mobilization. One may<br />

also conclude that the Titoist JNA was not a source of ethno-mobilization but let<br />

itself be used by politician as an instrument of it.<br />

4.3.2. The Republics<br />

Military staff in the territories barricaded by the Serbs comprised regular JNA units,<br />

local Territorial Defence Forces (hereinafter: TDF 113 ), Serbian and Montenegrin<br />

TDFs, local and Serbian Ministry of Interior (hereinafter MUP) police forces and<br />

paramilitary units. 114<br />

The JNA officially withdrew from the Croatian territory in May 1992, leaving<br />

equipment behind, which provided the local Serb rebels with arms. Initially the<br />

JNA did not openly take sides between the Croatian government and the Croatian<br />

Serb population. With these events, the JNA openly took sides with Serbs in<br />

Croatia. 115<br />

A similar scene developed in BiH, even though the incidents in the forefront<br />

of violent conflict were less spontaneous than in Croatia. The JNA’s own newsletter<br />

regularly issued accusations against the Croatian and Muslim parties and individuals<br />

for taking a hostile attitude towards Serb leaders and the Army. 116 The Bosnian<br />

<strong>report</strong> traces the scaremongering in the Serb population by diverse Serb institutions<br />

precisely. In November 1989 the National Security Service of Serbia had already<br />

evacuated the Serb population in two Bosnian municipalities allegedly under<br />

106<br />

Pešić, 14.<br />

107<br />

Petricusic, 8.<br />

108<br />

Eiff, 180.<br />

109<br />

Petricusic, 8.<br />

110<br />

Pešić, 15.<br />

111<br />

See Eiff, 197<br />

112<br />

The armies of Slovenia, Croatia and BH consisted mainly of military personnel and<br />

equipment of the former JNA. Final <strong>report</strong> of the United Nations Commission of Experts established<br />

pursuant to security council resolution 780 of 1992 (hereinafter: “Bassiouni Report”),<br />

Annex III, The military structure, strategy and tactics of the warring factions, available<br />

under http://www.ess.uwe.ac.uk/comexpert/ANX/III.htm, at § II.<br />

113<br />

Which were republican Territorial Defence Forces.<br />

114<br />

Petricusic, 8.<br />

115<br />

Petricusic, 8.<br />

116<br />

Ćurak, Seizović, Šačić, Turčalo, 18, 19, 20.<br />

26


Muslim fundamentalist pressure. 117 Such actions and Serb propaganda were used to<br />

provoke destabilization in BiH in order to involve the JNA, 68% of whose soldiers<br />

were stationed in BiH, and further federation militia in Bosnia and Herzegovina’s<br />

affairs. 118<br />

Due to the violent conflicts with the JNA, the Bosnian Serbs and later the<br />

Croatian Defence Council, ethno-mobilization also reached the ARBH (Armija<br />

Republike Bosne i Hercegovine - Bosnian Army), which absorbed more and more<br />

mono-national (Muslim/Bosniak) and religious elements.<br />

In this period the Macedonians managed to withdraw their soldiers from the<br />

JNA and the territory of the other republics without violent incidents. The JNA left<br />

the Macedonian territory peacefully in 1992 and took most of the valuable military<br />

equipment with them. This is mainly attributed to the fact that Macedonia had no<br />

significant Serb population on whose behalf Milošević’s regime could make<br />

territorial demands. 119 Furthermore, the JNA was already engaged in Croatia and<br />

BiH, and Milošević counted on Macedonia’s inability to survive on its own. 120 There<br />

was therefore no issue regarding the triggering ethno-mobilization by the JNA in<br />

Macedonia.<br />

Armed crisis did not break out on the territory of Macedonia until 2001.<br />

Throughout the nineties the establishment of Albanian paramilitary formations was<br />

<strong>report</strong>ed. However the Albanian National Liberation Army involved in the clashes in<br />

2001 was formed in 1999. 121<br />

Ethnic conflict is defined as ethnic Albanian insurgency in Macedonia, led by<br />

the NLA and initially sparked from Kosovo, after pressure had been released there<br />

by the NATO bombardments in Serbia.<br />

4.3.3. Kosovo<br />

After the Autonomy of Kosovo had been abolished, a repressive period followed in<br />

which schools were closed and students ousted from the university. The police<br />

forces tightened the repression and torture of Albanians. After the outcome of the<br />

negotiations on the termination of the war in BiH, the problems of the Albanians in<br />

Kosovo passed unnoticed internationally. 122 This increased frustration amongst the<br />

Albanians and led to the foundation of the Kosovo Liberation Army (KLA). The<br />

attacks on Serbian local representatives and policemen caused a brutal reaction by<br />

fully equipped Serb police, military and paramilitary forces against KLA units and<br />

masses of civilians until the NATO bombardments of 1999. 123<br />

4.3.4. Evaluation<br />

The JNA was not only an important factor in ethno-mobilization, but it was also<br />

subjugated to it 124 by the withdrawal of all non-Serb or Montenegrin soldiers from<br />

the JNA to their respective republics and the internal dissemination of propaganda<br />

(accusations that the Croatian and Muslim enemy allegedly wanted to harm the JNA<br />

and the Serbs). However, with the ethnic separation of the JNA, the Yugoslav<br />

National Army ceased to exists. It might be said that the JNA was mistrusted by the<br />

117<br />

Ćurak, Seizović, Šačić, Turčalo, 21.<br />

118<br />

Ćurak, Seizović, Šačić, Turčalo, 20, cited: Suzan Vudvord, Balkanska tragedija: Haos i<br />

disolucija nakon Hladnog rata (Filip Višnjić, Beograd, 1997), 255.<br />

119<br />

Ilievski, 8,9.<br />

120<br />

Ilievski, 33, 34.<br />

121<br />

Ilievski, 9.<br />

122<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

123<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

124<br />

In General: Petricusic, 8, cited after, Donald. L. Horwitz, Ethnic Groups in Conflict (University<br />

of California Press, Berkeley, 1985), 443-471.<br />

27


other nations due to the overrepresentation of Serb and Montenegrin leading staff<br />

in Yugoslavia. 125 And again, the prefabricated perception – in this case which side<br />

the JNA would take - was fulfilled.<br />

Looking at the role of the military from the perspective of changing the<br />

cognitive frame, it might have been important that the JNA entered visibly into a<br />

sort of alliance with the Serbs and became Serbian-dominated. This fact changed<br />

the situation insofar as it entailed an armed power siding with just one party in an<br />

already considerably sharp ethnic conflict. Bosniaks and Croats found themselves in<br />

such a situation for the first time after World War II. Given this, the perception of<br />

being threatened, in this case by the Serbs, may have become significantly more<br />

intense and consequently contributed to changing the cognitive frame to a crisis<br />

frame.<br />

One can, however, hardly speak about the spontaneous formation of armed<br />

units and militarization as a consequence of ethno-mobilization, as it seems to be<br />

rather a process driven and organized from the top. 126 Although 83 paramilitary<br />

units operating on the territory of the former Yugoslavia were counted in 1994,<br />

there is strong evidence that they were indirectly controlled or at least supplied by<br />

the respective political leaders. 127 The command chains were, however, purposely<br />

blurred in order to shield the perpetrators of serious war crimes committed by<br />

these units from responsibility. 128 In addition, the decentralization of military<br />

activities and structures (combined with conventional warfare) corresponded to the<br />

official Yugoslav military doctrine of Total National Defence, the latter relying on<br />

positive partisan experience with these tactics in World War II. Political parties<br />

founded their own military units directly as well. 129<br />

The contribution of the newly formed units to the process of ethnomobilization<br />

was overwhelmingly made after the border to the crisis frame had<br />

already been crossed and atrocities committed by the units were revealed. The<br />

Kosovo Liberation Army was formed relatively late, although it can be argued that<br />

Kosovars had been acting within the crisis frame since riots of 1981 at the latest.<br />

Another kind of contribution of the numerous paramilitary units to ethnomobilization<br />

should be seen in the enhancement of the security concerns of<br />

ordinary people, which is particularly significant from the point of view of changing<br />

the cognitive frame to crisis frame. Judging on the basis of the date on which the<br />

units were founded (Arkan Tigers: November 1990, Šešejl’s forces: late 1990/early<br />

1991) 130 their impact could have slightly differed in Croatia on the one hand and in<br />

BiH on the other. In Croatia, ethnic tensions were already more advanced (HDZ and<br />

Tuđman had won the elections half a year earlier), whereas it was the time of<br />

election campaign or directly following it in BiH. There is reason to believe that<br />

the frame had already been switched to the crisis frame in Croatia, whereas this<br />

process was still to come in BiH. This will be referred to below.<br />

Scaring, threatening and even killing moderates and non-nationalists can, as<br />

said, surely be regarded an important factor triggering ethno-mobilization to which<br />

the paramilitary groups contributed. According to Anthony Oberschall:<br />

125<br />

Already in the Croatian Spring, there had been demands for a separate army. Baltić, 17.<br />

126<br />

See also Eiff, 199.<br />

127<br />

See Bassiouni Report, Annex III.A Special forces, at § C. Some of the leading figures of<br />

these units, for example Arkan and Vojislav Šešejl, were directly involved in the politics.<br />

128<br />

Bassiouni Report, Annex III, The military structure, strategy and tactics of the warring<br />

factions, available under http://www.ess.uwe.ac.uk/comexpert/ANX/III.htm, at § II.<br />

129<br />

Bassiouni Report, ibid.<br />

130<br />

Bassiouni Report, Annex III.A Special forces, § I D 1.<br />

28


Ordinary people could not escape ethnic polarization. In an interview a<br />

Serb taxi driver explained: “No one wanted the coming war, but if I<br />

don’t fight, someone from my side will kill me, and if my Muslim friends<br />

don’t fight, other Muslims will kill them” 131<br />

There are no reasons to believe that the situation in this regard was much<br />

different outside BiH. However the exclusion of moderates was, as noted, a<br />

general political plan which was only reinforced by threats of violence. The only<br />

republic in which the paramilitary units played a more or less autonomous role in<br />

this regard was Macedonia with the NLA. 132<br />

The declining JNA made it possible for Serb rebels in Croatia and BiH to<br />

keep the territories won by force. The Serb military, police and paramilitary forces<br />

helped stabilize the occupation through ethnic cleansing conducted by executions,<br />

deportation of non-Serb civilians, or in BH by deportation. Similar tactics were used<br />

by the Croatian forces in Bosnia and Herzegovina.<br />

Bosnian Croats were assisted financially and technically by Croatia and the<br />

Croatian army. Once ethno-mobilization captured the ARBH, each of the three<br />

armies stood for one ethnic group and religion.<br />

4.4. Influence of Diaspora<br />

The role of the diaspora was very important among the Croats, Albanians and<br />

Macedonians, even if the modes of influence fundamentally differ.<br />

The situation in Croatia is best explained with the citation from the Croatian<br />

<strong>report</strong>, which comprises all that can be said.<br />

General Martin Špegelj, first minister of defence, argues that the<br />

Ustashism in Croatia has “been brought from outside, by the return of<br />

extreme emigrants in Croatia. They were not high or lower ranking<br />

officers of former NDH, but those who thought that heritage of<br />

Ustashism will be good ground for creation of new power in Croatia, and<br />

that they would obtain personal profit. Indeed, they won power and<br />

personal profits; however, their presence in politics has caused shaking<br />

of power and big problems even nowadays. That fact, alongside with<br />

undermining of Serb’s houses in Spring 1991, made worse damage to the<br />

Croatia’s defence than whole JNA aggression. We have suffered<br />

consequences ever since and witness different sorts of neo-fascism<br />

emergence”. 133<br />

The Macedonian diaspora supported the independence of Macedonia and the rights<br />

of Macedonian minorities in the neighbouring countries in the sight of disputes with<br />

Greece and Bulgaria. 134<br />

The Albanian diaspora, of which some members had immigrated to western<br />

countries to find refuge and were politically involved, endowed Albanians in Kosovo<br />

financially. 135 Some of the young diaspora members returned to Kosovo to take part<br />

in the hostilities. 136<br />

131<br />

Oberschall, 996.<br />

132<br />

Ilievski, 17-18.<br />

133<br />

Petricusic, 21, cited after Martin Špegelj , Sjećanje vojnika (Memories of a Soldier)<br />

(Znanje, Zagreb, 2001), 55-56.<br />

134<br />

Ilievski, 4.<br />

135<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming); Ilievski, 4.<br />

There are estimations that about half a million of Kosovo Albanians were living abroad, paying<br />

regularly 3 % of their income for the maintenance of the “shadow state” led my Ibrahim<br />

29


In the balance, one may observe a very considerable influence of the<br />

Croatian and Albanian diasporas, the former triggering ethno-mobilization by<br />

putting forward nationalistic ideas, the latter supporting the paramilitary KLA<br />

financially.<br />

4.5. Churches and Religious Communities<br />

The rise and powerful expansion of the Serbian church began in Kosovo. 137 It was<br />

the Serbian clergy in Kosovo - the “cradle of Serbian civilization” - who complained<br />

about the decay of the Serbs. However there is no indication in the <strong>report</strong>s that the<br />

Albanian actions were somehow motivated in a religious sense (Islam). Nevertheless<br />

the Serbian clergy in Kosovo saw an immediate need to save the Serb nation and<br />

used a purely political problem to put forward its own position. A religious<br />

connotation was added to the situation of the Serbs in BiH and Croatia, in the form<br />

of complaints referring to the Ustasha regime and the atrocities of the Second<br />

World War. 138 The Kosovo myth was revived largely with the festivities of the 600 th<br />

anniversary of the Battle of Kosovo Polje, celebrated amongst other things with the<br />

transport of Emperor Lazar’s relic through BiH (to mark the future borders of a<br />

Greater Serbia). 139 This had clearly effects in creating a psychosis of war in BiH. 140<br />

After the clergy had been kept out from politics for almost half of the<br />

century it now had not only the possibility to publicly comment the events, but<br />

also to become an active part in the politics in Serbia, Croatia and BiH.<br />

The pro-nationalistic parts of the clergy supported Tuđman’s HDZ regime in<br />

Croatia. Politicians were welcomed on various religious festive occasions, and vice<br />

versa, that were broadcast on television in Croatia. 141<br />

In BiH the regularly elected reis-ul-lema of IVZ (Islamska Vjerska Zajednica),<br />

a Muslim Macedonian, was replaced by Mustafa effendi Ceric through an unpleasant<br />

procedure by the political elite around Alija Izetbegovic. 142 The influence of the<br />

Muslim clergy increased amongst Bosniaks as well. Before the war, Bosnian Islam<br />

was regarded as a cultural expression of identity of members belonging to a secular<br />

community and was described as a “secular Euro-Islam”. This changed very much in<br />

the course of hostilities and is regarded as a reaction to the “crusade of the<br />

Serbs”. 143<br />

Religion and clergy therefore played a very important role in ethnic<br />

mobilization amongst Croats, Serbs and Bosniaks, although according to the<br />

Croatian <strong>report</strong>, the strengthening of religious affiliation served the purpose of<br />

national identification, and that the wars in Croatia and BiH are not to be<br />

considered as truly religious wars. The destruction of places of worship and the<br />

Rugova. Later, however, they preferred to pay for the KLA-run endowment fund “The<br />

homeland is calling”. Jens Reuter, “Zur Geschichte der UÇK” in Jens Reuter and Konrad<br />

Clewing (eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser Verlag, Klagenfurt<br />

et al. 2000), 171-186, at 172.<br />

136<br />

Reuter, 172.<br />

137<br />

Pešić, 11, 12.<br />

138<br />

Pešić, 12.<br />

139<br />

Pešić, 12.<br />

140<br />

Ćurak, Seizović, Šačić, Turčalo, 24.<br />

141<br />

Petricusic, 10.<br />

142<br />

Ćurak, Seizović, Šačić, Turčalo, 27.<br />

143<br />

Bassam Tibi, „Der bosnische Islam. Von säkularer Religion zum Fundamentalismus?“, (7)<br />

Internationale Politik (1997), 21-28, at 21 and 23.<br />

30


killings of clergy during the wars were atrocities that symbolized the destruction of<br />

a certain ethnic group. 144<br />

4.6. Media<br />

The media are the most important instrument in building public opinion. After the<br />

democratization of the former Yugoslav republics, however, the democratization of<br />

the media failed in Serbia and Croatia. The state media were completely in line<br />

with the new regimes. In Serbia the daily Politika helped consolidate Milošević’s<br />

regime, the television and print media were used to spread propaganda to scare<br />

the population of the Ustasha and the fanatic Muslims. 145<br />

In Croatia, “Slobodni Tjednik” directed chauvinistic hate speeches mostly<br />

against the Serbian minority. 146 Croatia’s fascist past was rewritten with an<br />

attempt to “correct” the image of the NDH regime. 147 Employees belonging to<br />

minorities, mainly Serbs, lost their jobs at the public Croatian TV and Radio. Two<br />

of the rare regime-critical media outlets, the Feral Tribune and Radio 101, were<br />

subjugated to repressive measures, including the attempts to close them down. 148<br />

The instrumentalization of the media in the two republics had enormous<br />

effects on BiH. The propaganda of hatred was broadcast from Croatia and Serbia<br />

and was readily accessible to the Croat and Serb populations respectively, while<br />

broadcasting from Sarajevo had difficulties reaching all parts of Bosnia and<br />

Herzegovina clearly. 149 Furthermore, from the Bosnian <strong>report</strong> it can be concluded<br />

that the concept of nation, national state, the principles of natural and historical<br />

rights, historical injustices or current threats, that could have been used for<br />

propaganda, were lacking amongst the Bosniak population, 150 whereas it<br />

constituted a credo for the Serbs and Croats. The Bosnian population was<br />

concentrated on the preservation of BiH as a whole.<br />

In Kosovo the media were brought in line with Milošević’s politics, while the<br />

two main Albanian official media outlets RTVP and the daily Rilindja were banned<br />

and the Albanian employees dismissed. 151<br />

In Macedonia the media were not eager to adopt an “objective” view. 152<br />

However, as the political landscape is reflected in the media it might be concluded<br />

that in Macedonia a wider scale of political opinions was represented in comparison<br />

to Serbia and Croatia.<br />

144<br />

Petricusic, 10, cited after: Milan Vukomanović, The Religious Dimension of the Yugoslav<br />

Conflicts (University of Belgrade, at http://kotornetwork.info/papers/easr2004/dimension.mv.htm).<br />

145<br />

Pešić, a13, 16, 17.<br />

146<br />

Petricusic, 21.<br />

147<br />

Petricusic, 21.<br />

148<br />

Petricusic, 21, 22.<br />

149<br />

Ćurak, Seizović, Šačić, Turčalo, 35.<br />

150<br />

Ćurak, Seizović, Šačić, Turčalo, 35.<br />

151<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

152 Ilievski, 20.<br />

31


5. Minorities in the New Republics<br />

It was not unexpected that in their struggle for independence the four republics<br />

stressed the significance of the titular nation in the new constitutions. All<br />

introduced different concepts of minority rights. The creation of nation states was<br />

at first perceived as entailing a reduction of the privileges in the status of national<br />

minorities and impediments for contacts between minority groups living in other<br />

republics. At the later stage, the war had a devastating effect on minorities.<br />

5.1. BH, Croatia and Serbia<br />

Except for BiH, all the republics have - or at least had before the wars - a<br />

considerable number of national minorities. In Serbia fourteen national minorities<br />

have set up minority councils since Serbia introduced a very wide concept of<br />

minority rights. 153 The difficult situation in Croatia, the separation and<br />

reintegration of parts of its territories and the conflicts with other republics,<br />

entailed various changes and suspensions of minority rights and even the legal<br />

elimination of “minority” groups from the Constitution (Albanians, Bosniaks and<br />

Slovenes in 1997). 154 However, a legal framework for collective (political<br />

participation and cultural rights) and individual minority rights has been<br />

established in Croatia, Serbia and BiH.<br />

The practice looked more and more difficult. The wars in Croatia and BiH<br />

have caused affliction to minorities in Serbia and Croatia and BiH. In Serbia and<br />

Croatia the number of minority members was reduced by approximately 50 % and<br />

60 % respectively. The Croats and Bosniaks in Serbia and Serbs in Croatia were hit<br />

the hardest. In Serbia, Croats or Serbs married to Croats were discriminated<br />

against; there were incidents in which Bosniaks were killed and Hungarians were<br />

denied the guaranteed right to transcribe their names in their own languages in<br />

personal documents or to the bilingual naming of streets or settlements. 155 The<br />

Serbs in Croatia faced similar problems. 156 The discrimination against Serbs<br />

continued after the war. If they tried to return to Croatia they were confronted<br />

with problems in acquiring citizenship or the assertion of property rights. 157 In<br />

Serbia the high level of centralization proved to be a problem for minorities. 158<br />

Both in Serbia and Croatia there was almost no legal protection against<br />

discriminating perpetrators or administrative measures. 159 The situation for<br />

minority members did not improve in Croatia and Serbia until the change of<br />

governments in 2000. 160<br />

As a result of the wars, it was not the “classical” minorities that faced the<br />

harshest discrimination, even though the growing nationalism affected them as<br />

well 161 , it was the former members of the Yugoslav constituent nations that<br />

became minorities in the new republics.<br />

153 Pešić, 23.<br />

154 Petricusic, 13,14.<br />

155 Pešić, 31, 32.<br />

156 Petricusic, 14-16.<br />

157 Petricusic, 15, Pešić, 32.<br />

158 Pešić, 24.<br />

159 Petricusic, 14, 15.<br />

160 Petricusic, 14, Pešić, 32.<br />

161 After the reintegration of the formerly occupied territories the parliament temporarily<br />

suspended provisions ruling the minority participation of Serbs, while the participation of<br />

smaller minority communities remained valid in Croatia in 1995, Petricusic, 13.<br />

32


5.2. Macedonia<br />

The new Macedonian Constitution reduced the protection of minority rights as it<br />

aimed to integrate citizens individually and not at group level. 162 This caused<br />

discontent particularly amongst the Albanian parts of the population and proved to<br />

be entirely inappropriate. The other minorities in Macedonia stayed out of these<br />

conflicts. 163<br />

Indeed Albanians participated in all government coalitions since<br />

Macedonia’s independence, and some positions within the government and<br />

administration were distributed to Albanians. Nevertheless, Albanians were<br />

generally underrepresented in the administration. 164<br />

The government pursued to resolve the ethnic tensions with concessions<br />

towards the Albanians, coercive means and corrupt exchanges between ethnic<br />

elites. 165 The adherence/lobbying of political elites impeded the process of finding<br />

a democratic solution. Problems were left unsolved and therefore led to an<br />

accumulation of discontent at the base, where the NLA could recruit its<br />

combatants after its foundation in the late nineties. Main Albanian demands were<br />

the recognition of the Albanian group as a constitutive nation (some parts favoured<br />

a separation from Macedonia), the Albanian language as an official language and<br />

official recognition of the University of Tetovo, which was founded illegally in the<br />

early nineties. 166 The process of the Albanian rebellion had two stages. It was<br />

brought in from Kosovo, where the pressure from the Serbian side was released<br />

after the bombardments of 1999, and then gained momentum from the internal<br />

forces in Macedonia. 167<br />

A real solution was not looked for until problems erupted violently in 2001.<br />

It was found with the Ohrid Framework Agreement in 2001, which was negotiated<br />

with constructive international assistance and broadened the political, language<br />

and educational rights of the Albanians.<br />

5.3. Kosovo<br />

The Kosovo conflict is dominated by disputes between the Serbs and the Albanians.<br />

Other minorities have largely kept out of it, although the side effects concern the<br />

other minorities as well. The Roma somehow became directly involved in the<br />

conflict when some of them took sides with the Serbs, which the Albanians<br />

resented. 168<br />

5.4. Evaluation<br />

The conflicts that arose between the Croats, Serbs, Bosniaks, between the Serbs<br />

and Albanians and the Macedonians and Albanians were caused by growing<br />

nationalism. Side effects hit the other minorities living in the republics of former<br />

Yugoslavia as well. 169<br />

162 Ilievski, 5.<br />

163 Ilievski, 5, 15.<br />

164 Ilievski, 5.<br />

165 Ilievski, 5.<br />

166 Ilievski, 18, 19.<br />

167 Ilievski, 20.<br />

168 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

169 MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

33


In the newly created nation states, new national minorities emerged, e.g.<br />

Serbs in Croatia. These minorities had enjoyed a status of a constituent nation in<br />

the SFRY. From the legal point of view, the shift of status from constituent nation<br />

to national minority does not per se mean that the set of rights conferred upon a<br />

given community is reduced. Nevertheless, the perception of these rights and the<br />

right to self-determination and the right to secede in particular, does differ.<br />

Because of this different perception, not only “new” minorities like Serbs in<br />

Croatia, but also Albanians in Kosovo and in Macedonia, 170 were not willing to<br />

accept the status of a national minority and kept struggling for another status, e.g.<br />

being recognized as a constituent nation within Macedonia. The negative<br />

perception of the status of a national minority was reinforced, as the minorities<br />

were exposed to the nationalistic pressure of the respective majority.<br />

Answering the question of when the normal frame shifted to the crisis<br />

frame, one must address the new minorities individually. As for the Serbs in<br />

Croatia, one may argue that the prospect of becoming the minority in an<br />

independent Croatian state and thus loosing the status of constituent nation was<br />

decisive. This seems to be, however, not convincing, even given the negative<br />

perception of minority status. Taking the decentralized structure of the SFRY into<br />

account and the fact that according to the constitution of 1974 the decisive powers<br />

were overwhelmingly vested within the socialist republics, the Serbs in Croatia<br />

must be considered as being de facto national minority on Croatia since then<br />

(1974). Moreover, there are no findings that the exercise of the collective rights<br />

granted to Serbs under the Constitution of SR Croatia was subject to dispute. 171 The<br />

independence of a Croatia willing to assure a basic set of minority rights would<br />

have led to a symbolic loss of the status of constituent nation, but would not have<br />

had any actual impact on the real state of affairs and living conditions. The mere<br />

symbolic loss of the constituent status cannot be sufficient to change the normal<br />

frame to the crisis frame. Rather, the change of frame seems to be brought about<br />

by the electoral victory of the HDZ and Tuđman in April/May 1990. Given the<br />

victors’ ambiguous attitude to the Ustaša regime and nationalistic rhetoric, the<br />

Serbs were for the first time confronted with the perspective of living in a state<br />

with a genocidal past. 172 The memory of World War II was revived and irrespective<br />

of all formal guarantees of minority rights given by the Croatian state, the victory<br />

of nationalistic forces was perceived as a clear sign that Serbs under the new rule<br />

would not be respected and safe. 173<br />

A similar observation has been made by Hansjörg Eiff, German Ambassador<br />

to SFRY from 1988 to 1992. In his opinion, the real far-reaching deterioration of the<br />

relationships began as Tuđman came into power, because with him a counterplayer<br />

to Milošević appeared on the field. Tuđman himself had no scruples to enter<br />

a conflict with Serbs, and it was his seizure of power that gave Serbs a reason and<br />

pretext to revolt. According to Eiff, the Serbs would not have revolted had Ivica<br />

Račan (the Prime Minister after 2000) won the election in 1990. 174<br />

The history of relative observance of minority rights in the SFRY did not<br />

seem to be relevant, as the observance of minority rights in the normal frame does<br />

not necessarily mean its observance in the crisis frame. Furthermore, all nation<br />

states opposed the introduction or, in the case of Serbia, the implementation of<br />

adequate minority rights provisions as they considered them as counter-productive<br />

in their struggle for sovereignty over their republican territory.<br />

170 Ilievski, 5.<br />

171 See Baltić, 41.<br />

172 Michael Ignatieff, Blood and Belonging. Journeys into the New Nationalism, (Farrar,<br />

Straus & Griraoux, New York 1993), 47, as quoted by Radan, 178.<br />

173 Oberschall, 991.<br />

174 Eiff, 194.<br />

34


The fate of the Albanian ethnic group in Macedonia was influenced and<br />

closely connected to the fate of the Albanians living in Kosovo. The change of<br />

frame seems to be influenced from there. In Kosovo, on the other hand, the<br />

Albanians and Serbs were acting within the crisis frame since the riots in 1981 at<br />

the latest.<br />

35


6. Violence<br />

The intensity of violence differed from republic to republic. Since in Serbia<br />

(“proper” and Vojvodina) war never broke out, violent incursions were confined to<br />

occasional but sometimes lethal incidents. The Albanian population experienced a<br />

time of suppression that initially resembled more a totalitarian dictatorship than a<br />

war, Albanian infrastructure was systematically destroyed and Albanians were<br />

subjected to torture, detention and murder by the Serbian police forces.<br />

With the establishment of the KLA and the attacks on Serbs, however, the<br />

violence reached a new stadium. Fights with Albanian combatants entailed large<br />

scale massacres, torture and rape by Serbian police and military forces.<br />

In Croatia the occupied territories were cleansed by the murder and<br />

expulsion of the non-Serb population, the unoccupied territories were bombarded<br />

and put under artillery attacks form the occupied territories in Croatia, BiH and<br />

Montenegro. 175 Many Serbs disappeared or were killed during the first half of the<br />

nineties in the unoccupied territory of Croatia. 176 However, the main revenge<br />

followed when the occupied territories were freed and atrocities were committed<br />

on the Serbian population.<br />

The fate of the Bosnian civilians is well known, a tragedy in which the<br />

Bosniaks were the most numerous victims. 177 The forms of violence described also<br />

took place in BiH, however, in much larger dimensions. In Macedonia a large scale<br />

escalation and military solution of the Albanian insurgence was avoided, since all<br />

the political parties were forced to negotiate by international interference.<br />

175 Petricusic, 24.<br />

176 Petricusic, 27.<br />

177 Ćurak, Seizović, Šačić, Turčalo, 23.<br />

36


7. Third-Party Intervention<br />

7.1. Individual states in the region<br />

Serbia and Croatia 178 exerted influence on “their” national communities in other<br />

states emerging from Yugoslavia fostering the process of their ethnomobilization.<br />

179 The Bosnian <strong>report</strong> puts a special emphasis on this kind of external<br />

fostering of ethno-mobilization and the Croatian <strong>report</strong> refers to it as well. The<br />

following instruments of this process are mentioned:<br />

- propaganda of state-controlled broadcasting stations of Croatia and Serbia<br />

aimed at the respective national community in BH; 180<br />

- granting support to “the extremist” politicians (by Croatia and Serbia); 181<br />

- inspiring the JNA to deploy more troops on the territory of BiH in order to<br />

prevent it from proclaiming independence and/or to secure the “survival”<br />

of Serbs in one single state; 182<br />

- secret operations of the Serbian Ministry of the Interior to destabilize BH; 183<br />

- providing financial and training assistance, military equipment and<br />

operational support to the HVO and help in organizing and planning its<br />

military operations (Croatia). 184<br />

The ties between the Croatian state and the Croats in BiH were tightened by the<br />

fact that Croats from BiH had no difficulties in obtaining Croatian passports and<br />

participating in Croatian elections. 185<br />

One may assume that the Serbian external influence was exerted through<br />

the largely Serbian-dominated JNA, 186 whereas Croatia had no other choice than to<br />

support its compatriots more directly. This estimation equally applies to the policy<br />

of the Serbian government towards Serbs in Croatia. Furthermore, the Croatian<br />

<strong>report</strong> stresses that the policy of the new Croatian government provoked the<br />

ethno-mobilization of Serbs to a large extent. 187 The newly created Serb “states”<br />

on the Croatian territory depended, however, on financial help from Belgrade<br />

which was actually provided. 188<br />

The Macedonian <strong>report</strong> mentions that the continuous challenging of<br />

Macedonian national, state and religious identity by various neighbouring countries<br />

including Greece and Bulgaria played a special role as an important factor of<br />

ethno-mobilization. 189<br />

The policy of the Albanian government cannot be regarded as fostering<br />

ethno-mobilization. Its quite constructive attitude at Rambouillet and towards<br />

178<br />

Both are regarded as „neighbouring countries“ by Ćurak, Seizović, Šačić, Turčalo, 3.<br />

179<br />

Ćurak, Seizović, Šačić, Turčalo, 17; Petricusic, 26, 27; Pešić, 32.<br />

180<br />

Ćurak, Seizović, Šačić, Turčalo, 35.<br />

181<br />

Pešić, 32, Petricusic 26, 27.<br />

182<br />

Ćurak, Seizović, Šačić, Turčalo, 19<br />

183<br />

Ćurak, Seizović, Šačić, Turčalo, 21.<br />

184<br />

Petricusic, 26, 27.<br />

185<br />

Petricusic, 26.<br />

186<br />

Ćurak, Seizović, Šačić, Turčalo, 8 and 17.<br />

187 Petricusic, 7.<br />

188 Petricusic, 24.<br />

189 Ilievski, 26.<br />

37


Macedonia has been observed. 190 However, Albania has to be considered as an<br />

important base for the KLA, which did contribute to ethno-mobilization. There<br />

were KLA training camps in Albania and the Albanian territory was used as a base<br />

for guerrilla attacks in Kosovo. There is some evidence that this was at least<br />

tolerated by Albanian authorities. 191 Moreover, one may even argue – and this is the<br />

major point about Albania’s role in the Kosovo conflict – that the KLA would not<br />

have been effectively established without weapons stolen from magazines of the<br />

Albanian army during the riots in 1997. It is estimated that up to 1 million guns<br />

were robbed and their price at the black market was as low as 15 German marks<br />

initially, rising later to 250 marks. 192<br />

According to UN-Report: 193<br />

7.2. The Mujahedin and Islamic states<br />

Mujahedin, or “holy warriors”, is a generic term for Muslim volunteers<br />

fighting in the former Yugoslavia. Many Mujahedin originate from Muslim<br />

countries outside the former Yugoslavia. It was <strong>report</strong>ed that the<br />

Mujahedin began arriving in BiH as early as June 1992. Reports on the<br />

number of Mujahedin forces operating in BiH vary, but it is unlikely that<br />

the Mujahedin forces have made a significant military contribution to<br />

the BiH Government's war effort. The Mujahedin forces came from<br />

several Muslim states and many of them were veterans of the Afghan<br />

war. The Mujahedin forces were <strong>report</strong>ed to be under the command of<br />

the BiH Army. However, they frequently acted with independence and<br />

their presence is no longer welcomed. They are alleged to be terrorizing<br />

the Muslims they came to protect in an effort to enforce Islamic<br />

practices. Their presence, the Serbs and Croats have argued, is<br />

evidence that the Bosnian Muslims intend on turning BiH into a<br />

fundamentalist Muslim state.<br />

The presence of Mujahedin was meaningful for the ethno-mobilization of Serbs and<br />

Croats, insofar as Serb and Croat propaganda made an extensive use of the “radical<br />

Islamism” of Bosniaks. 194 On the other hand, their presence had little impact on the<br />

ethno-mobilization of Bosniaks. 195 Iran is mentioned as a state directly involved in<br />

the Bosnian conflict by providing President Izetbegović with financial aid. 196 There<br />

is insufficient evidence of the involvement of Mujahedin or Islamic states in the<br />

Kosovo and Macedonia conflicts. 197<br />

190<br />

Peter Schubert, “Der Kosovo-Konflikt und Albanien“, in Jens Reuter and Konrad Clewing<br />

(eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser Verlag, Klagenfurt et<br />

al. 2000), 213-225, at 214 and 217.<br />

191<br />

Schubert, 216.<br />

192<br />

Reuter, 171-172.<br />

193<br />

Bassiouni Report, Annex III.A Special forces, at § II B 2.<br />

194<br />

Ćurak, Seizović, Šačić, Turčalo, passim, see for example 16, 20, 22, 26, 27.<br />

195<br />

This is also the conclusion of the Srebrenica Report by Netherlands Institute for War<br />

Documentation from 2002 (hereinafter: “Srebrenica Report”), available at<br />

www.srebrenica.nl, Appendix 6, Chapter 4, Section 5 “The Mujahedin in Bosnia”.<br />

196<br />

Srebrenica <strong>report</strong>, ibid.<br />

197<br />

Although the Macedonian authorities repeatedly claimed that there had been Mujahedin<br />

involvement on the side of Albanian rebels, the Western officials were however sceptical<br />

about the claims. The issue arose, as the Macedonian police shot 7 persons dead at the Albanian<br />

border, the majority of them stemming form Pakistan. The Minister of Interior<br />

Boškoski, now tried in Hague, claimed the these persons were “Mujahadin terrorists”. See<br />

38


7.3. Individual states on the geopolitical scene<br />

A special role of Germany and to a lesser extent of Greece and the USA is pointed<br />

out throughout the <strong>report</strong>s.<br />

The German role is connected to its initiative for the recognition of Slovenia<br />

and Croatia and dates back to mid 1991. 198 It contributed to the shift in the policy<br />

of the European Union (see infra.) from a policy of containment of the Yugoslav<br />

federation in any form whatsoever to a policy of recognition of the successor<br />

states. This policy culminated in the German unilateral recognition of Croatia 199<br />

which took place before the Badinter Committee presented its findings as to<br />

whether Croatia fulfilled the conditions for recognition set out in the declaration of<br />

EC foreign ministers of 16 December 1991 (guidelines for recognition). The US did<br />

not have a clear stand on the Yugoslav conflict, although, according to the Bosnian<br />

and Kosovo <strong>report</strong> 200 , though it sympathized with the containment policy. In spite<br />

of the Badinter’s Commission assessment 201 that Macedonia and Slovenia met all<br />

the recognition criteria, Macedonia was initially not recognized by the EC due to<br />

Greek lobbying. 202 The actions taken by Germany and Greece had serious<br />

implications for the credibility of the EC as a neutral and assertive actor.<br />

Russia is considered to have been in a military and economic sense too weak<br />

to put forward and enforce a coherent Balkan policy. The major steps taken by the<br />

Western countries were not thwarted. This situation changed slightly with the<br />

Kosovo conflict, although the capability of Russia to influence the course of events<br />

was rather minor and largely overestimated. 203 NATO’s military threats aiming at<br />

preventing the brutal action of the Serbian armed forces against Albanian civilians<br />

in July 1998 was thwarted, at least symbolically, by Moscow inviting Milošević’s to<br />

Kremlin. 204 At the later stage, the myth of Panslavic brotherhood cultivated in<br />

Serbia helped Russia to co-act as a mediator. 205<br />

Ana Petruseva, Macedonia says seven “Mujahideen”' shot dead, Reuters, 3 March 2002, as<br />

quoted by UNIMIK Division of Public Information, http://www.unmikonline.org.<br />

198<br />

See also Radan, 163-164.<br />

199 th<br />

The declaration on recognition of December, 19 1991 has been suspended and took<br />

effect on January, 15 th 1992. See Radan, 181.<br />

200<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

201 th<br />

Opinion delivered on January 11 1992.<br />

202<br />

Ilievski, 28.<br />

203<br />

Klaus Segbers and Christoph Zürcher, „Russland und der Kosovo-Konflikt“, in Jens Reuter<br />

and Konrad Clewing (eds.), Der Kosovo Konflikt. Ursache, Verlauf, Perspektiven (Wieser<br />

Verlag, Klagenfurt et al. 2000), 171-186, at 383 and 386<br />

204<br />

Segbers/Zürcher, ibid.<br />

205 Segbers/Zürcher, 383<br />

39


7.4. The role of the EU (initially EC only) 206<br />

The role of the EC and EU can be summarized as initiating peace talks and sending<br />

contradictory signals as to its policy of recognition of the successor states.<br />

7.4.1. General<br />

The crisis management of the EU indirectly fuelled the process of ethnomobilization<br />

in Serbia and deepened distrust of the EU:<br />

- Given that Serbian leaders stemmed from the communist party, there was<br />

initial distrust towards the EC inherited from the cold war period. The EC<br />

was blamed by the Serbian party for lacking objectivity as early as the<br />

Peace Conference in The Hague in autumn 1991. 207 It can be interpreted as<br />

a general distrust towards “The West” which was fostered by Germany’s<br />

action. 208<br />

- The EC recognized Croatia, although, according to the Badinter Committee,<br />

it did not meet the conditions set in the recognition guidelines for the EC;<br />

- Economic sanctions imposed by the EC at the eve of the conflict were kept<br />

intact with regard to Serbia, whereas they were lifted with regard to other<br />

post-Yugoslav republics; 209<br />

- The last two points were presented by Serbian propaganda as a conspiracy<br />

of Croatian allies. 210<br />

- On the basis of the very same facts, it cannot be ruled out that some parts<br />

of the European leadership and public opinion looked at the Yugoslav<br />

conflict through the prism of cold war divisions, also perceiving the “postcommunist<br />

led” Serbs as being on the other side of the barricade.<br />

7.4.2. Croatia<br />

There has initially been little involvement in crisis management within Croatia. It<br />

cannot be ruled out that the shift it the EC in late 1991 strengthened ethnomobilization<br />

in this republic, providing Croatia with prospects of recognition.<br />

Additionally, the recognition of Croatia by the EC despite its non-fulfilment of<br />

recognition conditions set out in its own guidelines undermined its credibility as an<br />

international actor. 211<br />

7.4.3. BiH and Kosovo<br />

The crisis management of the EC failed to prevent the war in BiH. 212 With the<br />

recognition of BiH, the full-scale military conflict erupted. As pointed out in the<br />

Special Report, the EC refused to send troops to BiH despite a respective request of<br />

its authorities and another round of peace-talks was initiated instead rejected by<br />

the Serbian delegation. The recognition approach adapted by the EC was dangerous<br />

206 Regarding the entire section on international organizations, see also Ugo Caruso, The<br />

Interplay between CoE, OSCE, EU and NATO, Report for MIRICO Work Package 1.<br />

207 Pešić, 27, 28.<br />

208 Pešić, 25.<br />

209 Pešić, 29.<br />

210 Pešić, 25.<br />

211 Stefan Wolff/Annemarie Peen Rodt, Report on the Reactive Conflict Management of the<br />

EU in the Western Balkans, 5.<br />

212 The question, how the various „peace plans” for BH, (e.g. plan of Cutilheiro, plan of<br />

Owen and Stoltenberg) influenced the ethno-mobilization will be explored within the Work<br />

Package 3.<br />

40


for BiH as it created tensions resulting from a paradoxical situation: on the one<br />

hand the dismembering of the multi-ethnic SFRY into national states was accepted;<br />

on the other hand the unity of a multi-ethnic BH was supposed to be preserved. 213<br />

The EC’s reliance on uti-possidetis principle with regard to the borders of<br />

Yugoslavia’s republics is also indirectly criticized by the Kosovo <strong>report</strong>, as it<br />

prevented the EC from questioning the situation in Kosovo which was detrimental<br />

to Kosovo Albanians and eventually led to the armed conflict in the late nineties. 214<br />

7.4.4. Macedonia<br />

The EU had no weight to put behind its warnings in the early nineties, given the<br />

lack of credible military capacities to support diplomatic action and visible<br />

disagreement among the EC-Members as to the nature of the conflict and the<br />

means of resolving it. Yet, as the instruments of the CFSP were evolving, the<br />

conflict management ability of the EU was improving. Hence, there is a positive<br />

assessment of conflict management after 1999, especially with regard to<br />

Macedonia. 215 However, the EU benefited from the steadily strong support for<br />

European integration in this country. The positive outcome of the EU actions after<br />

1999 is linked to the accession perspective which it can open to the states in the<br />

West Balkans. The latter aspect is also mentioned by the Croatian <strong>report</strong>. 216<br />

7.5.1. Croatia and BH<br />

7.5. The role of the UN<br />

There is a negative assessment of the UNPROFOR-mission, both in BiH and in<br />

Croatia. 217 The soldiers under the UN-mandate entitled to use force to “selfdefence”<br />

failed to stop ethno-mobilization from generating violence and to create<br />

conditions for peaceful negotiations. In Croatia, the UNPA’s were perceived as<br />

consolidating Serb control over Croatian territory and UNPROFOR (later UNCRO)<br />

neither stopped the expulsion of the non-Serb population from there nor prevented<br />

the violent recapture of this territory by the Croatian army in 1995. 218<br />

7.5.2. Croatia in particular<br />

The Croatian <strong>report</strong> mentions the positive role of the UN-led civil police agents in<br />

UNPA’s (CIVPOL) and the UNHCR. 219<br />

213<br />

Szulik, „Konflikt w byłej Jugosławii”, (1) Sprawy Międzynarodowe (1997), 91-108, at 99.<br />

This explains also the Bosnian memorandum of 14 October 1991 conditioning the BHs’ staying<br />

within Yugoslavia on Serbia and Croatia staying too (So called “letter of intention”, see<br />

Ćurak, Seizović, Šačić, Turčalo, 37). Preserving the territorial integrity of BH was of particular<br />

importance for Bosniaks. The majority of Bosniaks and President Izetbegović were<br />

rejecting a potential division of the country, as they were split over the whole territory and<br />

a division would hit them the most. Petritsch, 34.<br />

214<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming). The Kosovo’s<br />

application for recognition was not even submitted to the Badinter Committee for consideration,<br />

see Radan, 188.<br />

215<br />

Wolff/Peen Rodt, 24.<br />

216<br />

Petricusic, 31.<br />

217<br />

Petricusic, 34.<br />

218<br />

After the Croatian offensive, UNCRO helped the Serbian population on the recaptured<br />

territory to flee, as it felt threatened under the new rule. Szulik, 105.<br />

219<br />

Petricusic, 34.<br />

41


7.5.3. Serbia<br />

As in the case of the EU-imposed sanctions, the sanctions imposed by the UN on<br />

FRY because of its involvement in the hostilities in BiH were extensively used by<br />

Milošević’s propaganda to “unite” the society against “the common enemy” from<br />

outside. The analysis of the election results performed in the Serbian <strong>report</strong><br />

suggests that this regime’s action was quite successful. 220<br />

7.5.4. Macedonia<br />

Regarding the UN troops deployed in Macedonia in 1992, the assessment is quite<br />

the opposite. It was the first preventive deployment of troops in the history of the<br />

organization and it proved successful in maintaining the stability of Macedonia. 221<br />

The timing of its withdrawal 222 in 1999 was, however, unfortunate as the flux of<br />

refugees from Kosovo started to enter Macedonia in that year. The “blue-helmets”<br />

thus succeeded in their role as a preventive conflict management, whereas they<br />

did not in the reactive one.<br />

7.6. The role of NATO<br />

Whereas it is stated that NATO membership has been at least an attractive option<br />

or even a policy priority of Croatia 223 and Macedonia 224 , a post cold war approach<br />

dominated in Serbia, where NATO was perceived as a serious external treat in<br />

1992. 225 The NATO bombing of Serbia during the Kosovo crisis contributed to the<br />

consolidation of Serbian society around the defence of the country. 226<br />

7.7. The OSCE<br />

The OSCE is mentioned in the <strong>report</strong>s as an organization initially supporting the<br />

containment of Yugoslavia, then suspending its membership (after the secessions,<br />

in July 1992) and adopting various resolutions which, however, did not have much<br />

impact on the process of ethno- mobilization. Quite the opposite is true for the<br />

Kosovo Verification Mission established in 1998. Being perceived as biased by the<br />

Serb population from the very beginning, its officials accused the Serbs of<br />

massacring Albanian civilians after having discovered the bodies after a police<br />

action in the village of Racak. These accusations deepened the distrust and<br />

contributed to the further consolidation of the Serbian population. The Kosovo<br />

<strong>report</strong>, on the other hand, draws attention to the fact that these accusations<br />

raised the international awareness of the situation in Kosovo. 227<br />

As a general conclusion on third party-intervention, one may assume with<br />

the Macedonian <strong>report</strong> a cacophony of the international community in addressing<br />

the Yugoslavian crisis at its beginning. 228 At this stage of the conflict, the EC and<br />

220<br />

Pešić, 32.<br />

221<br />

Ilievski, 29.<br />

222<br />

The mandate was not extended in 1999 and thus terminated due to the veto of China<br />

which is supposed to be a reaction on Macedonian recognition of Taiwan.<br />

223<br />

Petricusic, 36.<br />

224<br />

Ilievski 31.<br />

225<br />

Pešić, 36.<br />

226<br />

Pešić, 34.<br />

227<br />

MIRICO Work Package 2 country specific <strong>report</strong> on Kosovo (forthcoming).<br />

228 Ilievski, 28.<br />

42


then the EU failed to take the role of a credible regional leader capable of<br />

presenting a firm standpoint or – as in the case of BiH – assume responsibility for<br />

the consequences of its recognition policy by taking military action. There can be<br />

doubt as to whether the policy of early recognition fostered the ethno-mobilization<br />

in Croatia by backing its separatist action and in Serbia by uniting the Serbs against<br />

external threats.<br />

43


8. Conclusion<br />

Three types of general conclusions can be made.<br />

First, addressing the type of the conflict, the Macedonian conflict with the<br />

Albanians comes closest to the “classic” conflict about the extent of minority<br />

rights, addressing questions such as granting political participation/autonomy,<br />

defining a set of rights in the sphere of education, mother language use, and so on.<br />

The fact that the Albanians kept putting forward the Yugoslav-rhetoric postulate of<br />

becoming a “constituent nation” does not change the very nature of the problem.<br />

The Kosovo conflict is, on the contrary, not a conflict about the extent of minority<br />

rights, but rather a conflict of who – Albanians or Serbs – should be the majority.<br />

The Albanians are the majority in Kosovo taken alone, whereas Serbs are the<br />

majority, if Kosovo is taken together with Serbia. The conflicts in Croatia and BiH<br />

can be regarded as conflicts over the subject and scope of the right to selfdetermination.<br />

Second, addressing the nature of the ethno-mobilization process, the<br />

present survey suggests that it was a top-down process driven by the emancipated<br />

political elites of the republics or its parts (BiH). None of the initially presented<br />

models can claim exclusivity as an explanation. It can be said to have been a<br />

“constructionist” process initially, especially with regard to its economic<br />

dimension. It turned into an “instrumentalist” process which, after some time (the<br />

shift of the cognitive frames), also activated a “primordial” process which since<br />

then has been running parallel with the “instrumentalist” process. An exception<br />

from this is likely to be made for Macedonia, where the ethno-mobilization of<br />

Macedonians had predominantly “constructionist” traits. 229<br />

The establishment of a “point of no return” is the final question to be<br />

addressed here. Rejecting historical determinism in any form, it must be stated<br />

that ethno-mobilization ultimately leading to a violent ethnic conflict was<br />

extremely difficult to reverse by political means after Tuđman and the HDZ came<br />

into power in the elections in April/May 1990. In this sense the seizure of power by<br />

this political faction can be regarded as a point of no return with regard to Croatia.<br />

There are also good reasons to argue that the same point of no return (the<br />

elections in Croatia) applies to the conflict in BiH, even if the cognitive frame had<br />

not yet changed there. On the basis of the present survey, it may be regarded as<br />

proven that manifold strong pressure was exerted from Croatia and Serbia. In fact,<br />

this pressure was not the only, but definitely a major factor triggering ethnomobilization<br />

in BiH. Given for example the “letter of intention” of President<br />

Izetbegović conditioning BiH’s staying in Yugoslavia on Serbia and Croatia staying<br />

too 230 , one my claim that without the Serbo-Croatian antagonism affecting the<br />

Bosnian population disastrously, the stability of this country could have been<br />

preserved. The collision course of these two (Serbia and Croatia) was a long history<br />

in which economic factors should not be underestimated. This collision course was<br />

definitely set with the result of the Croatian elections and by this event – this is<br />

229 This is, what can be deduced from the comments of Ilievski who is arguing that “Macedonian<br />

ethno-nationalism wasn’t only ‘not dominant as, for example, Croatian was in Croatia’,<br />

but it was mobilized predominantly in the struggle for international recognition of the<br />

state, in lobbying for the ‘name dispute’ with Greece and the struggle for rights of the Macedonian<br />

minority in Bulgaria, Greece and Albania.”, Ilievski, 34. On the other hand, the<br />

ethno-mobilization of Albanians in Macedonia does not seem to differ much from the general<br />

scheme.<br />

230 See the reference in the Footnote 213.<br />

44


the crucial point – the crisis frame was activated at the heart of Yugoslavia for the<br />

first time after World War II. It remains, however, an open question, whether the<br />

collision within the crisis frame could have been avoided by a radical action from<br />

outside, for example by denying the prospects for recognition to Tuđman-ruled<br />

Croatia or ultimately by deploying international armed forces equipped with a<br />

robust UN-Security Council mandate.<br />

45


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