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Old Saturday, August 5th, 2006
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Default Operation "Storm" destroyed "Greater Serbia"

By Brian Gallagher in London

Gotovina's Offensive may have been bloody but it also forced Serbia to the negotiating table in 1995.

There is no doubt that the indictment of General Ante Gotovina, along with two other Croatian officers by the International Criminal Tribunal for the Former Yugoslavia, ICTY, in relation to Operation Storm, has caused resentment in Croatia.

And for good reason. Firstly, Operation Storm was instrumental in defeating Serbian aggression in both Croatia and Bosnia and Hercegovina. And secondly, the indictment against Gotovina is in itself questionable and has been contradicted by United Nations prosecutors themselves.
First, Operation Storm. There is no doubt that the Croatian army offensive in July 1995 against rebel Serbs, based in Knin, entailed human rights offences and several hundred quite unnecessary deaths of civilians.

But with the assistance and effective control of the United States, it liberated large swathes of Croatia occupied by the so-called Republika Srpska Krajina, RSK. The RSK had seized one-third of the republic and - though this is often forgotten - ethnically cleansed hundreds of thousands of Croats from their homes and killed many.

After dealing a death blow to the RSK, the Croatian offensive was instrumental in pushing back the Serb military in neighbouring Bosnia, breaking the siege of the UN safe haven of Bihac and forcing the Serbs to negotiate peace at Dayton, Ohio, later that year.

Had Bihac fallen, tens of thousands of Bosniaks would have been expelled and many perished, and the Bosnian Serbs would have cemented their strategic position. So, Croatia had to act.

This action is now characterised as a "criminal enterprise" in which Gotovina, along with the late President Franjo Tudjman, ethnically cleansed thousands of Serbs, killing them and destroying their property to ensure they never returned.

There is no question that the charges are challenging the legitimacy of Operation Storm. It is expressly mentioned in Gotovina's indictment as part of the "criminal enterprise". But the idea that the army offensive was in itself responsible for the mass flight of the Serbian population of the RSK needs to be challenged.

It is not controversial that the Bosnian Serb leadership - not the Bosniaks - in collusion with Belgrade, urged Sarajevo's Serbs to leave the Bosnian capital in 1995. Similarly, the RSK leadership, in collusion with Belgrade, ordered out the Serb population ahead of Operation Storm.

Moreover, the prosecutors themselves seem contradictory in their charges against Gotovina. On the one hand they allege ethnic cleansing on Gotovina's part. On the other, in the trial of Slobodan Milosevic, they said that Milosevic was responsible for an "overall plan" in which the Serbs would be funnelled from Croatia into Kosovo, where the Serbs were a minority. Clearly these two points are not reconcilable.

If anyone should be indicted for the ethnic cleansing of the Serbs from Croatia it should surely be the RSK leadership and Milosevic.
There is another aspect to all this - the involvement of the US. The Clinton administration provided training and intelligence for Croatia before
Operation Storm. It was the US that then stopped Croatian forces from continuing their advance in north-west Bosnia in conjunction with the Bosnian army towards the Serb metropolis of Banja Luka. The exercise of the US veto showed that Washington had a supervisory role over the operation.

It is simply not credible that the US in effect conspired with Tudjman and Gotovina to ethnically cleanse Croatia's Serbs. Rather, US involvement was to ensure an end to Serb aggression in the face of European impotence. The US almost certainly possesses the evidence that would exonerate Gotovina. It should provide such evidence to the defence.
If the indictment is shaky, it is to be hoped that the judges can be relied on to throw it out. However, previous experience is not good. The Hague's own appeals chamber in the case of the Bosnian Croat general Tihomir Blaskic listed a litany of errors by the original trial chamber. The Blaskic case does not inspire confidence in Gotovina's trial, especially given Gotovina's high profile.

What compounds the ICTY's poor image in Croatia over Gotovina is its poor record in the prosecution of Serb crimes in Croatia. For the bombardment of Dubrovnik there were only two convictions, with sentences for seven and eight years. For the destruction of the entire town of Vukovar in the autumn and winter of 1991, where thousands perished in a frightful siege, the prosecutors have focused on three middle-ranking officers, the so-called "Vukovar Trio". The senior Yugoslav Army commanders most responsible for those horrors have eluded indictment. Yet Gotovina's alleged crimes pale in comparison with theirs.

If Operation "Storm" had not taken place, a "Greater Serbia" would exist today. Possibly thousands of Bosniaks from Bihac would be homeless or dead. Is it really possible that saving thousands of lives was part of a criminal act?
If the Gotovina case results in a guilty verdict, Serb extremists will be able to say they were justified in waging war against both Croatia and Bosnia and Hercegovina, and that they were merely defending themselves. Will the legacy of the ICTY really be that Radovan Karadzic has the last laugh?


http://www.birn.eu.com/insight_17_7_eng.php
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