War Crimes in the Yugoslav Wars

## War Crimes

### Genocide

It is widely believed that mass murders against Bosniaks in Bosnia and Herzegovina escalated into genocide. On 18 December 1992, the United Nations General Assembly issued resolution 47/121 condemning "aggressive acts by the Serbian and Montenegrin forces to acquire more territories by force" and called such ethnic cleansing "a form of genocide". In its report published on 1 January 1993, Helsinki Watch was one of the first civil rights organisations that warned that "the extent of the violence and its selective nature along ethnic and religious lines suggest crimes of genocidal character against Muslim and, to a lesser extent, Croatian populations in Bosnia-Hercegovina".

A telegram sent to the White House on 8 February 1994 by U.S. Ambassador to Croatia, Peter W. Galbraith, stated that genocide was occurring. The telegram cited "constant and indiscriminate shelling and gunfire" of Sarajevo by Karadzic's Yugoslav People Army; the harassment of minority groups in Northern Bosnia "in an attempt to force them to leave"; and the use of detainees "to do dangerous work on the front lines" as evidence that genocide was being committed. In 2005, the United States Congress passed a resolution declaring that "the Serbian policies of aggression and ethnic cleansing meet the terms defining genocide".

A trial took place before the International Court of Justice, following a 1993 suit by Bosnia and Herzegovina against Serbia and Montenegro alleging genocide. The ICJ ruling of 26 February 2007 indirectly determined the war's nature to be international, though clearing Serbia of direct responsibility for the genocide committed by the forces of Republika Srpska in Srebrenica. The ICJ concluded, however, that Serbia failed to prevent genocide committed by Serb forces in Srebrenica and failed to punish those responsible, and bring them to justice.

War crimes were conducted simultaneously by different Serb forces in different parts of Bosnia and Herzegovina, especially in Bijeljina, Sarajevo, Prijedor, Zvornik, Višegrad and Foča. The judges however ruled that the criteria for genocide with the specific intent (dolus specialis) to destroy Bosnian Muslims were met only in Srebrenica in 1995. The court concluded that other crimes, outside Srebrenica, committed during the 1992–1995 war, may amount to crimes against humanity according to the international law, but that these acts did not, in themselves, constitute genocide per se.

The crime of genocide in the Srebrenica enclave was confirmed in several guilty verdicts handed down by the ICTY, most notably in the conviction of the Bosnian Serb leader Radovan Karadžić.

### Ethnic Cleansing

Ethnic cleansing was a common phenomenon in the wars in Croatia, Kosovo and Bosnia and Herzegovina. This entailed intimidation, forced expulsion, or killing of the unwanted ethnic group as well as the destruction of the places of worship, cemeteries and cultural and historical buildings of that ethnic group in order to alter the population composition of an area in the favour of another ethnic group which would become the majority. These examples of territorial nationalism and territorial aspirations are part of the goal of an ethno-state. Detention camps such as Omarska and Trnopolje were also designated as an integral part of the overall ethnic cleansing strategy of the authorities.

According to numerous ICTY verdicts and indictments, Serb and Croat forces performed ethnic cleansing of their territories planned by their political leadership to create ethnically pure states (Republika Srpska and Republic of Serbian Krajina by the Serbs; and Herzeg-Bosnia by the Croats).

According to the ICTY, Serb forces from the SAO Krajina deported at least 80–100,000 Croats and other non-Serb civilians in 1991–92. The total number of exiled Croats and other non-Serbs range from 170,000 (ICTY) up to a quarter of a million people (Human Rights Watch). Also, at least 700,000 Albanians in Kosovo in 1999. Further hundreds of thousands of Muslims were forced out of their homes by the Serb forces in Bosnia and Herzegovina. By one estimate, the Serb forces drove at least 700,000 Bosnian Muslims from the area of Bosnia under their control.

Survivors of the ethnic cleansing were left severely traumatized as a consequence of this campaign.

### Wartime sexual violence and rape

War rape occurred as a matter of official orders as part of ethnic cleansing, to displace the targeted ethnic group. According to the Trešnjevka Women's Group, more than 35,000 women and children were held in such Serb-run "rape camps". Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were convicted of crimes against humanity for rape, torture, and enslavement committed during the Foča massacres.

The evidence of the magnitude of rape in Bosnia and Herzegovina prompted the ICTY to openly deal with these abuses. Reports of sexual violence during the Bosnian War (1992–1995) and Kosovo War (1998–1999) perpetrated by the Serbian regular and irregular forces have been described as "especially alarming". The NATO-led Kosovo Force documented rapes of Albanian, Roma and Serbian women by both Serbs and members of the Kosovo Liberation Army.

Others have estimated that during the Bosnian War, between 20,000 and 50,000 women, mostly Bosniak, were raped. There are few reports of rape and sexual assault between members of the same ethnic group.

War rape in the Yugoslav Wars has often been characterized as a crime against humanity. Rapes which were perpetrated by Serb forces served to destroy the cultural and social ties which existed between the victims and their communities. Serbian policies allegedly urged soldiers to rape Bosniak women until they became pregnant as an attempt towards ethnic cleansing. Serbian soldiers hoped to force Bosniak women to carry Serbian children through repeated rape. Often Bosniak women were held in captivity for an extended period of time and only released slightly before the birth of a child conceived of rape. The systematic rape of Bosniak women may have carried further-reaching repercussions than the initial displacement of rape victims. Stress, caused by the trauma of rape, coupled with the lack of access to reproductive health care often experienced by displaced peoples, led to serious health risks for victimized women.

During the Kosovo War, thousands of Kosovo Albanian women and girls became victims of sexual violence. War rape was used as a weapon of war and it was also used as an instrument of systematic ethnic cleansing; rape was used to terrorize the civilian population, extort money from families, and force people to flee their homes. According to a report by the Human Rights Watch group in 2000, rape in the Kosovo War can generally be subdivided into three categories: rapes in women's homes, rapes during flight, and rapes in detention. The majority of the perpetrators were Serbian paramilitaries, but also included Serbian special police or Yugoslav army soldiers. Virtually all of the sexual assaults Human Rights Watch documented were gang rapes involving at least two perpetrators. Since the end of the war, rapes of Serbian, Albanian, and Roma women by ethnic Albanians — sometimes by members of the Kosovo Liberation Army (KLA) – have been documented, but they have not occurred on a similar scale. Rapes frequently occurred in the presence, and with the acquiescence, of military officers. Soldiers, police, and paramilitaries often raped their victims in the full view of numerous witnesses.

A 2013 report by the United Nations Development Programme (UNDP) in Croatia entitled 'Assessment of the Number of Sexual Violence Victims during the Homeland War on the Territory of the Republic of Croatia and Optimal Forms of Compensation and Support of Victims', determined the estimated victims (male and female) of rape and other forms of sexual assault on both sides to number between approximately 1,470 and 2,205 or 1,501 and 2,437 victims. Most victims were non-Serbs assaulted by Serbs. By region, the largest number of rapes and acts of sexual violence occurred in Eastern Slavonia, with an estimated 380-570 victims. According to the UNDP report, between 300 and 600 men (4.4%-6.6% of those imprisoned) and between 279 and 466 women (or 30%-50% of those imprisoned) suffered from various forms of sexual abuse while being held in Serbian detention camps and prisons (including those in Serbia proper). Between 412 and 611 Croat women were raped in the Serb-occupied territories, outside of detention camps, from 1991 to 1995. Croat forces were also known to have committed rapes and acts of sexual violence against Serb women during Operations Flash and Storm, with an estimated 94-140 victims. Sexual abuse of Serb prisoners also occurred in the Croat-run Lora and Kerestinec camps.

## Consequences

### Casualties

Some estimates put the number of killed in the Yugoslav Wars at 140,000. The Humanitarian Law Center estimates that in the conflicts in former Yugoslav republics at least 130,000 people lost their lives. Slovenia's involvement in the conflicts was brief, thus avoiding higher casualties, and around 70 people were killed in its ten-day conflict. The War in Croatia left an estimated 22,000 people dead, of which 15,000 were Croats and 7,000 Serbs.

Bosnia and Herzegovina suffered the heaviest burden of the fighting: between 97,207 and 102,622 people were killed in the war, including 64,036 Bosniaks, 24,905 Serbs, and 7,788 Croats. By share, 65% of the killed were Bosniaks, 25% Serbs, and 8% Croats.[144] In the Kosovo conflict, 13,535 people were killed, including 10,812 Albanians (80%) and 2,197 Serbs (16%). The highest death toll was in Sarajevo: with around 14,000 killed during the siege, the city lost almost as many people as the entire war in Kosovo.

In relative and absolute numbers, Bosniaks suffered the heaviest losses: 64,036 of their people were killed in Bosnia, which represents a death toll of over 3% of their entire ethnic group. They experienced the worst plight in the Srebrenica massacre, where the mortality rate of the Bosniak men (irrespective of their age or civilian status) reached 33% in July 1995. The share of Bosniaks among all the civilian fatalities during the Bosnian War was around 83%, rising to almost 95% in Eastern Bosnia.

During the War in Croatia, 43.4% of the killed on the Croatian side were civilians.

### Internally displaced persons and refugees

The Yugoslav Wars caused one of the largest refugee crises in European history. It is estimated that the wars in Croatia, Bosnia and Herzegovina and Kosovo produced about 2.4 million refugees and an additional 2 million internally displaced persons.

The war in Bosnia and Herzegovina caused 2.2 million refugees or displaced, of which over half were Bosniaks. Up until 2001, there were still 650,000 displaced Bosniaks, while 200,000 left the country permanently.

The Kosovo War caused 862,979 Albanian refugees who were either expelled from the Serb forces or fled from the battle front. In addition, 500,000 to 600,000 were internally displaced, which means that, according to the OSCE, almost 90% of all Albanians were displaced from their homes in Kosovo by June 1999. After the end of the war, Albanians returned, but over 200,000 Serbs, Romani and other non-Albanians fled Kosovo. By the end of 2000, Serbia thus became the host of 700,000 Serb refugees or internally displaced from Kosovo, Croatia and Bosnia.

From the perspective of asylum for internally displaced or refugees, Croatia took the brunt of the crisis. According to some sources, in 1992 Croatia was the host to almost 750,000 refugees or internally displaced, which represents a quota of almost 16% of its population of 4.7 million inhabitants: these figures included 420 to 450,000 Bosnian refugees, 35,000 refugees from Serbia (mostly from Vojvodina and Kosovo) while a further 265,000 persons from other parts of Croatia itself were internally displaced. This would be equivalent of Germany being a host to 10 million displaced people or France to 8 million people.

Official UNHCR data indicate that Croatia was the host to 287,000 refugees and 344,000 internally displaced in 1993. This is a ratio of 64.7 refugees per 1000 inhabitants. In its 1992 report, UNHCR placed Croatia #7 on its list of 50 most refugee burdened countries: it registered 316 thousand refugees, which is a ratio of 15:1 relative to its total population. Together with those internally displaced, Croatia was the host to at least 648,000 people in need of an accommodation in 1992. In comparison, Macedonia had 10.5 refugees per 1000 inhabitants in 1999.

Slovenia was the host to 45,000 refugees in 1993, which is 22.7 refugees per 1000 inhabitants. Serbia and Montenegro were the host to 479,111 refugees in 1993, which is a ratio of 45.5 refugees per 1000 inhabitants. By 1998 this grew to 502,037 refugees (or 47.7 refugees per 1000 inhabitants). By 2000 the number of refugees fell to 484,391 persons, but the number of internally displaced grew to 267,500, or a combined total of 751,891 persons who were displaced and in need of an accommodation.

### Material Damage

Material and economic damages brought by the conflicts were catastrophic. Bosnia and Herzegovina had a GDP of between $8–9 billion before the war. The government estimated the overall war damages at $50–$70 billion. It also registered a GDP decline of 75% after the war. 60% of the housing in the country had been either damaged or destroyed, which proved a problem when trying to bring all the refugees back home. Bosnia also became the most landmine contaminated country of Europe: 1820 km2 of its territory were contaminated with these explosives, which represent 3.6% of its land surface. Between 3 and 6 million landmines were scattered throughout Bosnia. Five thousand people died from them, of which 1,520 were killed after the war.

In 1999, the Croatian Parliament passed a bill estimating war damages of the country at $37 billion. The government alleges that between 1991 and April 1993 an estimated total of 210,000 buildings in Croatia (including schools, hospitals and refugee camps) were either damaged or destroyed from shelling by the Republic of Serbian Krajina and the JNA forces. Cities affected by the shelling were Karlovac, Gospić, Ogulin, Zadar, Biograd and others. The Croatian government also acknowledged that 7,489 buildings belonging to Croatian Serbs were damaged or destroyed by explosives, arson or other deliberate means by the end of 1992. From January to March 1993 another 220 buildings were also damaged or destroyed. Criminal charges were brought against 126 Croats for such acts.

Sanctions against FR Yugoslavia created a hyperinflation of 300 million percent of the Yugoslav dinar. By 1995, almost 1 million workers lost their jobs while the gross domestic product had fallen 55 percent since 1989. The 1999 NATO bombing of Serbia resulted in additional damages. One of the most severe was the bombing of the Pančevo petrochemical factory, which caused the release of 80,000 tonnes of burning fuel into the environment. Approximately 31,000 rounds of depleted Uranium ammunition were used during this bombing.

### ICTY/IRMCT

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was a body of the United Nations established to prosecute serious crimes committed during the Yugoslav Wars, and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands. One of the most prominent trials involved ex-Serbian President Slobodan Milošević, who was in 2002 indicted on 66 counts of crimes against humanity, war crimes and genocide allegedly committed in wars in Kosovo, Bosnia and Croatia. His trial remained incomplete since he died in 2006, before a verdict was reached. Nonetheless, ICTY's trial "helped to delegitimize Milosevic's leadership", as one scholar put it.

Several convictions were handed over by the ICTY and its successor, the International Residual Mechanism for Criminal Tribunals (IRMCT). The first notable verdict confirming genocide in Srebrenica was the case against Serb General Radislav Krstić: he was sentenced in 2001, while the Appeals Chamber confirmed the verdict in 2004. Another verdict was against ex-Bosnian Serb leader, Radovan Karadžić, who was also convicted for genocide. On 22 November 2017, general Ratko Mladić was sentenced to a life in prison.

Other important convictions included those of ultranationalist Vojislav Šešelj, paramilitary leader Milan Lukić, Bosnian Serb politician Momčilo Krajišnik, Bosnian Serb general Stanislav Galić, who was convicted for the siege of Sarajevo,[189] the former Assistant Minister of the Serbian Ministry of Internal Affairs and Chief of its Public Security Department, Vlastimir Đorđević, who was convicted for crimes in Kosovo, ex-JNA commander Mile Mrkšić as well as both of Republic of Serbian Krajina ex-Presidents Milan Martić and Milan Babić.

Several Croats, Bosniaks and Albanians were convicted for crimes, as well, including ex-Herzegovina Croat leader Jadranko Prlić and commander Slobodan Praljak, Bosnian Croat military commander Mladen Naletilić, ex-Bosnian Army commander Enver Hadžihasanović and ex-Kosovo commander Haradin Bala.

In the Trial of Gotovina et al, Croatian Generals Ante Gotovina and Mladen Markač were ultimately acquitted on appeal in 2012.

By 2019, based on its statute, the ICTY found that the Serb officials were found guilty of persecutions, deportation and/or forcible transfer (crimes against humanity, Article 5) in Croatia, Bosnia and Herzegovina, Kosovo and Vojvodina. They were also found guilty of murder (crimes against humanity, Article 5) in Croatia, Bosnia and Herzegovina and Kosovo; as well as terror (violations of the laws or customs of war, Article 3) and genocide (Article 4) in Bosnia and Herzegovina. The Croat forces were not found guilty of anything in Croatia, but were found guilty of deportation, other inhumane acts (forcible transfer), murder and persecutions (crimes against humanity, Article 5) in Bosnia and Herzegovina. The Bosniak forces were found guilty of inhuman treatment (grave breaches of the Geneva Conventions, Article 2), murder; cruel treatment (violations of the laws or customs of war, Article 3) in Bosnia and Herzegovina. One Albanian official was found guilty of torture, cruel treatment, murder (violations of the laws or customs of war, Article 3) in Kosovo.

### Gunrunning

After the fighting ended, millions of weapons were left with civilians who held on to them in case violence should resurface. These weapons later turned up on the arms black market of Europe.

In 2018 there were no exact official figures on how many firearms are missing; in Serbia authorities have given estimates ranging from 250,000 to 900,000 of different kinds are in circulation. In Bosnia, public reports state a figure of 750,000. At the end of 2017, a man entered a bus in Banja Luka carrying two bags with 36 hand grenades, three assault rifles, seven handguns, a mine and hundreds of cartridges with Gothenburg as the destination. He was stopped in the neighbouring country of Slovenia. A 26-year-old woman was stopped at the border to Croatia with three antitank weapons and a hand grenade. Police found four machine guns, three battle rifles, three assault rifles and a large quantity of explosives at the home of a 79-year-old man. According to a UNDP official, getting civilians to give up their arms to state authorities is complicated as people are then forced to trust that authorities will protect them. Instead, criminals collect the weapons. Some of the missing weapons were used in the November 2015 Paris attacks during which 130 people were killed by jihadists. Other arms were assault rifles used in the 2015 Gothenburg pub shooting.

Successor-state government efforts to reduce the prevalence of illegally held arms are co-ordinated through a Regional Approach to Stockpile Reduction (RASR) focused on reducing stockpiles, arms diversion and unexplained explosions in South-east Europe. Partners include the European Union, the US Office of Weapons Removal and Abatement, the US Defense Threat Reduction Agency (DTRA) and NATO's Support and Procurement Agency. Funded by the US Government, activities include annual workshops attended by US government officials from the Departments of State and Defense and defense ministry representatives from the Yugoslav successor states.

### Drug Trafficking

Since the beginning of hostilities between warring factions in the former Yugoslavia, the Kosovo Liberation Army as well as the Serbian mafia have been involved in the illegal drug trade, particularly with West Asian heroin entering Central and Western Europe. In the early 1990's, 2,000 Albanians from Kosovo were held in Swiss jails on charges of arms and drug smuggling. Over the course of the war, a total of several tons of heroin were confiscated by Interpol and local law enforcement. Illegal drug smuggling operations also led to additional crimes all across Western Europe, which included bank robberies and extortion committed by criminal gangs operating out of Eastern Europe. The intensification of heroin consumption in Western Europe led to the expansion of open air drug markets, particularly in Switzerland. Bosnian criminal gangs continue to have a significant impact on global drug trafficking, through entering the lucrative cocaine trade.