LOCAL PRESS

Serbia not to extradite SRS officials to ICTY (Tanjug/B92/RTS)

The Higher Court in Belgrade reached a decision on Wednesday not to extradite three officials of the Serbian Radical Party (SRS) to the Hague Tribunal (ICTY), whose extradition is sought on charges of influencing witnesses in the trial against the SRS leader Vojislav Seselj, news agencies have reported.Serbia has informed ICTY of the decision of the Higher Court in Belgrade, despite that being a first-instance judgment that is not final. The final decision of a three-judge panel in Belgrade is expected early next week.The Chairman of the Council for Cooperation with the ICTY Rasim Ljajic has said that it will soon be known whether there will be pressure on Serbia for not extraditing the three SRS members. He told B92that a report that the ICTY President and Chief Prosecutor submit to the UN Security Council was expected in June and that it could happen that “they give a negative tone to the report” because of the fact that the three radicals were not extradited. He told RTS that the executive authorities need to respect the decisions on independent judicial authorities. “Everything else would be pure voluntarism, if we wish to build a legal state we need to treat court decisions in this manner, whether we like them or not,” said Ljajic.

EC to analyze Serbia’s non-extradition ruling (Politika/Tanjug)

Although the European Commission (EC) say they will analyze a ruling by a Belgrade court on non-extradition of three SRS, they believe a consensus among the member states will be reached and Chapter 23 in EU accession talks with Serbia will be opened soon, Tanjug learned at the EC.
Regarding the information on the ruling by the Higher Court in Belgrade, the EC said Serbia was under obligation to fully cooperate with the ICTY. The EC added that the cooperation was reviewed on a regular basis and resulting conclusions expressed in annual European integration progress reports on Serbia. We support the work of the Tribunal and our position on full cooperation is clear. The court, however, must carry out its work independently, EC spokeswoman Maja Kocijancic said. She told Tanjug that the EC expected Chapter 23 in accession negotiations with Serbia to be opened as soon as the necessary consensus among the EU member-states is reached. Diplomatic sources at the EC say that the EC is working with a clear idea and that all efforts are going towards opening new chapters in negotiations on Serbia’s  membership of the EU as soon as possible. The sources say that Croatia’s requests that are blocking the opening of Chapter 23 are unacceptable and the EC will not “modify” its position regarding any of these issues.

Djordjevic, Marinelli discuss Serbia, NATO cooperation (Tanjug)

Serbian Defense Minister Zoran Djordjevic received on Wednesday the Chief of NATO Military Liaison Office in Belgrade, Brigadier-General Cezare Marinelli, with whom he discussed improving cooperation through the Partnership for Peace Program (PfP) and on cooperation between the Serbian Army and KFOR, media reported the statement of the Ministry. Djordjevic underlined the importance of the NATO military liaison office in Belgrade in the process of harmonization, preparation and implementation of international military cooperation between Serbia and NATO. We particularly appreciate the proactive approach and initiative of the Office for Improvement of Cooperation in areas where it has already been established”, he said.

FSS files lawsuit against UEFA over Kosovo (Politika)

Politika has learned from sources in the Serbian legal team that the Football Association of Serbia (FSS) has filed a lawsuit to the Sports Court in Lausanne over Kosovo’s admission in the UEFA. The lawsuit was filed on 13 May, while a detailed elaboration that accompanies the lawsuit will be filed by next Wednesday. The Serbian legal team expects a ruling that will annul the decision that the southern Serbian province is an UEFA member. The FSS lawsuit against UEFA has already yielded the first results, the Serbian legal team opines. Namely, the UEFA Executive Committee decided yesterday to postpone the decision on Kosovo’s participation in the qualifications for the World Cup in Russia. They also announced the formation of a special commission that will be dealing with this issue. The same decision was made for Gibraltar as well. In the lawsuit, the Serbian legal team refers to UNSCR 1244, according to which Kosovo is an integral part of Serbia. The basis of the FSS lawsuit states that the UEFA decision on Kosovo’s admission is not in line with this organization’s statute, and that it violates Article 5.that states that UEFA membership is allowed to national football federations that are on the European continent with headquarters in a country that is recognized as independent by the United Nations and who are responsible for organizing and implementing football matches on their territory. “So-called Kosovo is not recognized as an independent state by the United Nations, so the Kosovo Football Association cannot be responsible for football affairs on the territory of Kosovo,” reads the lawsuit.

Washington preparing plan for Kosovo’s NATO membership (B92/FoNet)

The self-declared state of Kosovo intends to launch the process of NATO accession. According to the Pristina media, the Kosovo Ambassador in the U.S. Vlora Chitaku says that the U.S. Congress adopted an amendment calling the U.S. administration to prepare Kosovo for admission in the PfP as the lobby of NATO. Chitaku said that the Congress adopted this decision unanimously.

Ljimaj burned Serbs in a lime pit (Novosti)

The Appellate Court in Pristina acquitted Fatmir Ljimaj and another nine former members of the so-called Kosovo Liberation Army (KLA) charged with crimes against civilians in 1999 in the Klecka case. The Kosovo Serbs are outraged by this decision, as they have data and evidence on crimes against the Serb civilians, policemen and soldiers, as well as innocent Albanians, which were committed under the command of Ljimaj during 1998. The investigation in the camp in July 1998 was conducted by the team of the Pristina District Court headed by investigative judge Danica Marinkovic. “When we conducted the investigation in the Klecka camp that was located on top of a hill, the first thing that we found was a lime pit, i.e. a kind of a crematorium where they burned human bones,” Danica Marinkovic tells Novosti. “As we went through the tunnel that was dug into the hill, we came across a corridor where we found clothes, shoes, children socks…We found devices for torture, but also U.S. made food packages for KLA members. When we left the camp that was ten meters long and around four meters wide, we came across in the nearby field barracks of the KLA terrorists with a training ground with shooting targets. She notes that the District Court in Pristina issued an indictment against brothers Ljuan and Bekim Mazreku for the crime of genocide, and that the investigation established that Fatmir Ljimaj headed the Klecka camp. “During the investigation, the accused Mazreku brothers said women and a Serb girl Jovana were raped in this camp. A pregnant woman, a boy and girl were also among the tortured and murdered prisoners,” says Marinkovic. She stressed that the acquittals by the Kosovo judiciary in the Klecka case are unacceptable. Milorad Trifunovic, the Coordinator of the Association of Families of Kidnapped and Missing in Kosovo and Metohija, points that this association has data on the crimes that were committed under Ljimaj’s command in Klecka in the course of 1998. Apart from the Kosovo prosecution, the EULEX prosecution also charged Ljimaj and another nine people with torture of civilians in the Klecka camp. The EULEX indictment was based on the testimony of late Agim Zogaj, a guard in the camp who committed suicide in a park in Germany, However, despite that, evidence in the form of written and video material, remained behind Zogaj. The exact number of victims in this camp is unknown, and the exhumation conducted by EULEX in 2009, in the opinion of the families of victims, has not revealed even the approximate number of those killed in the camp. Even though Ljimaj was tried for the crimes in Klecka in The Hague, the ICTY acquitted him of all charges in November 2005, after which he was welcomed in Kosovo as a hero. The Kosovo judiciary conducted the proceedings against Ljimaj independently from EULEX, and according to Novosti, the acquittal by the Appellate Court in Pristina is not connected to EULEX’s indictment.

Djurovic: In first half of four months of year, 2,484 refugees have sought asylum in Serbia (Beta)

Rados Djurovic, Director of the Center for Protecting and Assisting Asylum Seekers, said that 2,484 refugees from Middle Eastern states had asked for asylum in Serbia in the first four months of the year, but that the number of those who arrived and passed through Serbia was believed to be greater. “The number of migrants this year is far lower than in 2015, but those who do come, in various ways, with the help of smugglers, show that the Balkan route, though formally closed, is not so in practice,” Djurovic told Beta. He said 150 to 200 people are believed to be entering the country illegally every day, and that some 100 leave it – some illegally and some legally, as Hungary daily receives 60 asylum requests. “Some 300 to 400 people are ‘stranded’ in Serbia and, including those coming in, mostly through the Bulgarian but also the Macedonian border, there are between 500 and 600 migrants staying here on a daily basis,” Djurovic said.

REGIONAL PRESS

Single program for data processing not in accordance with law (Srna)

Director of the Republika Srpska (RS) Institute of Statistics, Radmila Cickovic, told Srna that a single program for B&H census data processing is not in accordance with the Law on Population Census and cannot be acceptable to RS. “Director of the B&H Statistics Agency Velimir Jukic passed a decision on single program for B&H census data processing, which will qualify 196,000 disputable population questionnaires as residents, without the consent of the members of the Central Census Bureau,” said Cickovic, adding that the B&H Statistics Agency did not agree on the above mentioned decision. She pointed out that, after passing the above mentioned decision, the question now is how valid would be the results of the population census in B&H. “I am surprised with such working method, because I have learned through the media that Jukic made a decision on a single program for B&H census data processing, which is unacceptable,” added Cickovic. Director of the B&H Statistics Agency Velimir Jukic issued on May 18th a decision on a single program for B&H census data processing without the consent of the entity institutes, according to which 196,000 disputable population questionnaires will be treated as residents.

Dodik: Decision delves into essence of RS and is data manipulation attempt (Srna)

Republika Srpska (RS) President Milorad Dodik has stated that the decision by Director of the B&H Statistics Agency on a single program for 2013 B&H census data processing delves into the very essence of RS and represents an attempt to manipulate the incorrect data in the future. “RS will not accept such behavior and will not participate in it,” Dodik told Srna, commenting on the decision by Director of the B&H Statistics Agency, Velimir Jukic, according to which 196,000 disputable population questionnaires will be treated as residents. He has stressed that many issues have already delved into the essence of RS, citing this decision and the decision of the Constitutional Court on the RS Day as an example. “It is clear that the things in B&H are being solved this way. Two years of work to establish a single methodology on it and to establish the exact law based definition on who is and who is not a resident are now ‘wasted’ thanks to one voluntary and irresponsible act of the director of this agency,” said Dodik. He has said that the responsibility for all the consequences in this regard lies with the agency at the state level. “This shows that no service should be established down there and that everything is to be reviewed and called into question,” said Dodik. According to him, in this way – without consensus, without application of clear legal provisions on what the resident and the non-resident is, doing anything in B&H is senseless then. “This is a blow to B&H. We will not take part in that, nor will we publish anything,” concluded Dodik.

Deputy Chairman of the B&H Council of Ministers: Jukic’s decision is unilateral (Srna)

Deputy Chairman of the B&H Council of Ministers Mirko Sarovic has told Srna that the B&H Council of Ministers has not received any request to review the population census issue, thus he assumes this will be in focus in coming days, given that a unilateral decision was made today by the Director of the Agency for Statistics of B&H, Velimir Jukic. “Deputy to the Agency Director from the ranks of Serb people, Miljan Popic, has reacted and put this director’s decision into question, as it was pointed that the decision was not in accordance with the applicable law. It is highly important to wait and see the reactions of the Federation of B&H Statistics Institute, which is one of three key factors,” said Sarovic. According to him, despite this unilateral decision, nothing in B&H can be done without the consent of the entity institutes of statistics. “Deputy Director from the ranks of Serb People timely outlined his position and the reaction of the Republika Srpska (RS) Statistics Institute is on hold now. If the request is forwarded to the B&H Council of Ministers and is put on the agenda, we will take our position in this regard and consult with the relevant institutions of RS,” added Sarovic. Popic expressed his disagreement with the decision on a single program for census data processing. “In this way, we will obtain inaccurate data that will not comply with the Law on Population Census held in 2013,” warned Popic.

Reactions to the Banja Luka Catholic Bishop Komarica statement comparing Bleiburg with Banja Luka (Srna)

Republika Srpska President Milorad Dodik said that by his statement and comparison of Banja Luka with Bleiburg, the Banja Luka Catholic Bishop Franjo Komarica insulted not only the living residents of Banja Luka, the Potkozarje area and the whole of RS but insulted martyrs who were massacred in a number of camps in WWII. The Party of Democratic Progress (PDP) also sharply condemned the statement of Bishop Komarica in which he compared Bleiburg with Banjaluka, noting that such a comparison is very scandalous and dangerous. Historian Aleksandar Rakovic said that the recent statement of Bishop is a proof that the “The Roman Catholic Church in B&H and Croatia is losing its mind and that it is prone to falsify history more and more with the aim of turning the executioners in the Independent State of Croatia (NDH) into victims.” The Deputy Speaker of the RS Assembly Nenad Stevandic, also reacted to the statement of Banjaluka Bishop and stated that the statment is irresponsible and in the service of enkindling the passions. The Alliance of Independent Social Democrats (SNSD) most vehemently condemns the statement of the Banjaluka Catholic Bishop, noting that this is not just a reckless statement of a Bishop, but that this statement is a crown of Komarica’s irresponsible behavior in the political public which has lasted for years. The Socialist Party expects Banja Luka Catholic Bishop Franjo Komarica to apologize to Banja Luka for his inappropriate and insulting statement. The President of the Coordination of Serbian Associations of Families of Missing Persons from the Former Yugoslavia, Dragan Pjevac, said that the politicization of victims in Bleiburg and its comparison with the recent war in B&H are inappropriate, the aim of which is that the perpetrators of crimes against Serbs in Croatia are never prosecuted. Banja Luka Mayor Slobodan Gavranovic said that by comparing Banjaluka with Bleiburg, Bishop Franjo Komarica tried to justify his visit to this Austrian town, where he headed a religious ceremony for those who committed atrocities in Banja Luka in WWII.

Reiner: Croatia strongly supports the integrity and functionality of B&H (Fena)

During an official visit to B&H, Croatian parliament speaker Reiner visited Mostar.  He met Bishop Ratko Peric and visited the University Clinic Hospital in Mostar and the Faculty of Philosophy of the University of Mostar. Reiner discussed various key points with the Croatian political and religious leaders in B&H. These included the European integration process, the position of the Croatian people in B&H, as well as the economy and the possibilities of economic cooperation. He pointed out that Croatia strongly supports the process of B&H joining the EU and will continue to do so in the future. Speaking about the position of the Croatian people in B&H, he said that they are theoretically constituent people, adding that the constitutionality, in terms of equality, has been achieved in the political sphere, unlike previous years when other people elected Croatian representatives. He claims that constitutional rights and equality of rights will exist only then, when the average man starts to feel equal to all others in terms of competition for obtaining state work, scholarships and more. “We care a lot about this issue, and we hope that equality and constitutionality are carried out in real life,” said Reiner. Speaking about economic cooperation, he said that B&H in the first three months of this year once again became Croatia’s primary trading partner. “We talked about large infrastructures and energy projects on which we can work together and for which we can get significant EU funds. This would of course strengthen our relationship even more,” said Reiner. He stressed that Croatia strongly supports not only the integrity of B&H, but also the functionality of B&H in every sense. “We are extremely pleased to have started the process of convergence to NATO. We hope that this process will continue and that B&H will one day become a member of NATO,” said the president of the Croatian parliament.

Montenegro gets new government, Krivokapic sacked! (CDM)

Ranko Krivokapic is no longer the speaker of the Montenegrin parliament. At the initiative of the DPS and minority parties, parliament has sacked him two hours after midnight. At the secret ballot, for the dismissal of Krivokapic 43 deputies voted, one was against. The parliament of Montenegro has previously elected the new cabinet members of the electoral trust which sworn in. Milorad Vujovic and Petar Ivanovic are the new deputy Prime Ministers, Goran Danilovic is the Interior Minister, Rasko Konjevic, Minister of Finance, Boris Maric Minister of Labor and Social Welfare and Milenko Popovic, Minister of Agriculture. Parliament also passed the Lex specialis, a special law on which basis the Agreement on free and fair elections will be applied. For adoption of the Lex specialis voted 49 deputies, against 20, and six deputies abstained.

No early elections on 5 June, new date not set (Telegraf.mk)

Macedonia’s parliament adopted on Wednesday the amendments to the Electoral Code by 96 votes ‘in favor’, thus annulling the articles under which the early parliamentary elections should have been held on June 5. A new date for the elections is not foreseen. On Wednesday, the parliament also accepted the resignations of Interior Affairs and Labor, Social Policy Ministers Oliver Spasovski and Frosina Tasevska Remenski, as well as of the technical deputies in the Agriculture, Finance and Public Administration ministries. The MPs voted in favor of the proposal of caretaker Prime Minister Emil Dimitrov for appointing Mitko Cavkov and Dime Spasov as Ministers of Interior and Labor/ Social Policy respectively.

Mogherini and Hahn welcome Constitutional Court’s ruling, urge parties to find common agreement (Telegraf.mk)

The Constitutional Court’s ruling clears the way for parliament to reconvene and to cancel the 5 June elections, the conditions for which were not there, EU High Representative and EC Vice ­President Federica Mogherini, and European Commissioner for Neighborhood Policy and Enlargement Negotiations Johannes Hahn said Wednesday in a joint statement on the latest developments in Macedonia. “This is a renewed opportunity for the country to address a number of serious issues at the heart of the prolonged political crisis. The way forward must be defined by all main political parties together, since it is only a mature dialogue, inclusiveness and commitment to democratic principles and to the necessary reforms and their implementation that will bring the country back on the Euro-­Atlantic path. All parties must preserve and respect the Przino Agreement which they agreed last year. This framework remains the best way to move the country out of the current crisis. Work should continue to prepare for credible elections as well as on the urgent reform priorities, through an inclusive process. The parties must also urgently address the serious concerns about President Ivanov’s pardoning of a number of officials. The 12 April pardons should be rescinded without delay to preserve the principle of accountability, counteract serious concerns about impunity and avoid selective justice. It is a fundamental democratic principle that all citizens should be equal before the law. In the same vein, the parties must guarantee full support to the Special Prosecutor’s Office and ensure its unhindered operation. The Special Prosecutor’s Office and its work are central parts of the Przino Agreement. All sides should avoid interventions that risk undermining years of efforts within the country and by the international community to strengthen the rule of law. We call on all parties to find a common agreement that serves all citizens. Approaches which would not respect this principle are something that the EU cannot support and stand behind. An engaged opposition and civil society play critical roles in shaping and ensuring the government’s commitment to needed reforms,” the joint statement reads.

Meeting Zaev – Yee: Talks about country’s political crisis (Telegraf.mk)

SDSM leader Zoran Zaev met with Hoyt Brian Yee, U.S. Deputy Assistant Secretary of State. At the meeting, the party said, they discussed about the current political situation in the country and deepening the crisis with the decision for abolition by Gjorge Ivanov. Zaev told the senior United States representative, as indicated in the statement, the principled, rigid positions of the SDSM to return the freedom, democracy and justice in the country. “Everything we have said has proven to be the truth. Obviously today the Parliament will amend the decision and the elections will be postponed. What was impossible suddenly became possible. However, the unilateral decisions, violent cancellation of the technical government complicate the deep crisis and threaten the country’s future. We will not allow anyone to hold Macedonia hostage,” Zaev said. He stressed that it is necessary, the decision for abolition by Ivanov to be annulled, as he said, as soon as possible.

Gruevski meets Yee (Telegraf.mk)

VMRO­-DPMNE President Nikola Gruevski met with the U.S. Deputy Assistant Secretary of State Hoyt Brian Yee, who is in Macedonia to mediate between the leaders of the four largest parties as Parliament decided to cancel the elections and to remove the opposition party SDSM representatives from the Government. During the meeting, according to the VMRO-­DPMNE press release, Gruevski told Yee that his party is dedicated to a political solution that will have to take into account the will of the citizens. During the meeting, the two parties discussed current affairs related to overcoming the political crisis in the country, the ways out of the crisis and the realization of the strategic goals of the country toward its integration processes. Gruevski said that the party is focused toward finding solutions that will respect the will of the people and will create conditions for moving forward. The two sides discussed reforms toward advancing the conditions in different areas related to the integrations. Gruevski said that top priorities are steps related to the EU action plan that would continuously improve standards in a number of areas related to the integrations.

INTERNATIONAL PRESS

Serb Vucic to Present President With Plan for Next Government (Bloomberg, by Gordana Filipovic, Misha Savic, 19 May 2016)

Serbian Prime Minister Aleksandar Vucic will inform President Tomislav Nikolic about his plans for a new government Thursday as he seeks new mandate to continue to overhaul the economy and bring the country closer to the European Union. Nikolic, the founder and the first president of Vucic’s Serbian Progressive Party, is expected to give the premier a mandate to form a ruling coalition after he won April 24 early elections. If he does so, he’ll sidestep the need to meet with other party chiefs including Vojislav Seselj, the leader of the nationalist Radical Party who the Hague acquitted of war crimes alleged during the violent breakup of former Yugoslavia. “The idea is to present the plan and the program for a government and where I see Serbia in the future,” Vucic said in a live TV broadcast after opening a new factory west of Belgrade. “It’s a long way to a government.” Vucic has said he may choose a coalition partner, although he hasn’t specified who, saying before the ballot only that he’d reject any party that opposes his plan to ready Serbia for EU entry by 2020. The 46-year-old former ally of war-time leader Slobodan Milosevic forced the vote two years early to secure a new mandate to push through public-sector job cuts, close or sell unprofitable state companies, and pursue other austerity measures agreed with the International Monetary Fund.

Diminished Majority

The yield on Serbian dollar bonds maturing in 2021 rose 9 basis points to 4.308 percent by 2:01 p.m. in Belgrade, according to data compiled by Bloomberg. The dinar traded little changed at 122.7291 against the euro. While Vucic emerged from the ballot with a diminished majority, his Progressive party and a dozen smaller allies in its electoral coalition took 131 of parliament’s 250 seats. The government will be formed after a June 4 deadline for the new assembly to convene. Vucic will then have 90 days to form a new cabinet. His party’s support support in the country of 7.1 million people will be “less comfortable because they depend not only on coalition partners within the Progressives but also on other coalitions if they want to broaden support in parliament,” Slobodan Antonic, a political analyst at the Faculty of Philosophy in Belgrade, said by phone. Almost two decades after the bloody wars that tore apart former Yugoslavia, Serbia is one of Europe’s last ex-communist nations to embark on a wide-scale overhaul of its economy. With unemployment that exceeds 18 percent and an average take-home wage of $407 a month, Serbia’s living standards lag those of richer EU states, including former Yugoslav partners Slovenia and Croatia, which joined the bloc in 2004 and 2013.

Will the ICTY’s acquittal of Vojislav Šešelj heighten tensions in the Balkans? (European Western Balkans, 19 May 2016)

After the Karadžić verdict, the International Criminal Tribunal for the Former Yugoslavia (ICTY) delivered another highly anticipated judgment on Thursday, 31 March: after a thirteen year trial, Serbian nationalist politician and self-proclaimed Chetnik leader Vojislav Šešelj was acquitted of all charges, including war crimes and crimes against humanity. Tena Prelec analyses the reactions to the trial and assesses what this may mean for relations in the region.

Shock and disbelief, followed by sombre expressions of anger towards a ‘shameful verdict’ and a variety of jokes on the accused ending up by being awarded a prize instead of a prison sentence. This was the most widespread immediate chain of reactions across the region at Vojislav Šešelj’s full acquittal at the ICTY on all nine counts, including three of crimes against humanity (for persecution on political, racial or religious grounds) and six more for war crimes (including murder, torture and destruction of institutions dedicated to religion or education). Later in the day, the first official hard posturing: Šešelj is now officially a persona non grata in Croatia, the country’s Ministry of Internal Affairs has announced.

In Serbia, not everyone was jubilant. Quite the contrary, official reactions were slow to come in, as if nobody had quite expected this outcome. Human rights groups expressed outrage and were soon joined by media commentators worried at the path that has now been cleared for Šešelj to make his fully sanctioned return into Serbian politics, and most likely into the parliament, in a matter of weeks. And yet incidents like the carousel of Šešelj’s supporters, who promptly invaded the martyred Bosnian town of Srebrenica to celebrate the outcome of the verdict, speak of reignited tensions and of wounds newly rubbed with salt. Where can this lead to?

The unease at Šešelj’s acquittal is made deeper in the Balkans by the resonance it has with the roots of the recent conflicts. A sharp-minded and precocious legal scholar turned nationalist politician and self-proclaimed Chetnik leader, Šešelj was not a military general, but rather a thinker. Proving his culpability was thus always going to be a difficult task. And yet it matters, if seen in the context of how the wars that accompanied Yugoslavia’s disintegration had taken shape: the blood spread on the ground had been prepared by years of escalating propaganda that saw intellectuals driving the nationalist rhetoric that legitimated and sustained Milošević’s murderous actions. The publication of the SANU Memorandum in 1986 is sadly remembered as one of the key moments in the breakup of Yugoslavia.

Even though it was received as a shock, the judgment’s result was thus not unimaginable, and several analysts had predicted either a full acquittal or a sentence that would not exceed the time Šešelj had already served in jail. The verdict certainly represents a defeat for the prosecution, accused of using imprecise terminology and of framing the charges too broadly, but it is also relevant that the whole trial has been marred by significant problems that have influenced its unwinding. Importantly, it is the first time an ICTY judge – Frederik Harhoff, who had openly contested the ICTY’s willingness of letting the instigators of crime off the hook – was disqualified for bias, upon a motion filed by Šešelj himself. Had Harhoff still been part of the judging panel of three, there is little doubt that the outcome would have been different.

There are at least three disturbing elements of the majority judgment, read by the controversial judge Jean-Claude Antonetti. First and foremost, it was found that the idea of ‘Greater Serbia’, the bloodcurdling ideology Šešelj took upon himself to spread and that he never reneged, was “in principle a political plan, not a criminal one” as it was advocated by the indicted. This stands in plain contradiction with statements given by Šešelj himself, e.g. when he stated that “not a single Ustaša (here: derogatory for Croat) should leave Vukovar alive”, or when he boasted about having himself “spilled Ustaša blood in Serbian Slavonia”. Second, it was suggested that the Serb-led actions in Bosnia and Croatia should be understood in the context of the two countries’ secession from Yugoslavia, thus implying an element of self-defence in attempting to preserve the territorial integrity of the Yugoslav federation – a first for the ICTY, and arguably in contradiction with previous decisions. Third, the majority stated that they couldn’t dismiss Šešelj’s argument that civilians forcibly deported from disputed areas would have in fact been taken away “out of humanitarian motives”.

This being a first instance judgment, the prosecution has the possibility to appeal. It is bolstered in doing so by a powerful dissenting opinion by Judge Lattanzi, who has strongly criticised the core findings of her two colleagues in delivering their majority verdict. In a dissent that reveals the tensions within the ICTY ranks, Lattanzi accuses the majority of providing “insufficient reasoning, or no reasoning at all” to support their main deliberations, and finds instead ample evidence to conclude that a joint criminal enterprise existed. She claims that Šešelj’s responsibility was excluded by relying on “irrelevant considerations” and points at a number of contradictions inherent to the judgment, ending on a particularly dramatic note:

On reading the majority’s Judgment, I felt I was thrown back in time to a period in human history, centuries ago, when one said – and it was the Romans who used to say this to justify their bloody conquests and murders of their political opponents in civil wars: “silent enim leges inter arma”. [“the law falls silent in times of war”]

Regardless of what the future steps of the trial will bring, they will almost certainly not impact the imminent elections in Serbia, scheduled to take place on 24 April. Šešelj is the first-ever ICTY defendant who was allowed to be absent at his verdict’s reading, after the tribunal granted him temporary release on health grounds in 2014. Since then, he has been holding inflammatory rallies in Serbia to gather support for his Serbian Radical Party (SRS). The party failed to win seats in 2012, while he was in detention, but looks now set to succeed in this aim, currently faring at just over the threshold needed to make it into the parliament (6 per cent).

In Croatia, the ruling was widely interpreted as a green light for Serbia’s EU accession, while it was seen as a slap in the face of those who suffered during the war. That the reading of the verdict coincided with the anniversary of the ‘Bloody Easter of Plitvice’, the day when the first Croatian victim fell in 1991, did not help. It remains to be seen whether this will be enough for Croatia to make use of its EU membership to block Serbia’s progress on its way, or if other preoccupations will end up prevailing. The recently appointed PM, Canadian-bred businessman Tihomir Orešković, has shown a willingness to focus on economic development. Besides, the Croatian political elite is currently busy sorting out its ranks, both in the government coalition, where the first tensions between the ‘technocratic’ PM and the leader of the conservative Croatian Democratic Union (HDZ), Tomislav Karamarko, are surfacing, and in the opposition, as the Social Democratic Party (SDP) elects its new leader on Saturday, 2 April.The situation has been read as a win-win for the Serbian Prime Minister Aleksandar Vučić. Both the PM and the current President, Tomislav Nikolić, were once part of Šešelj’s SRS, before splitting out of it and launching the Serbian Progressive Party (SNS) in 2008. SNS are now the foremost political formation in Serbia and are set to cement their support in the anticipated elections in three weeks’ time. With this verdict, Vučić’s past has now finally been legitimised and he has at the same time gained the perfect adversary at the elections, as the viable presence of a hard-liner further qualifies SNS as the moderate option.

It is to be hoped that the sheer fatigue generated by discussions about a conflict that ended over twenty years ago will prevail and that the media will change its focus soon. But this highly mismanaged trial has done remarkably little to aid reconciliation and to prevent an unseemly carnival of old emotions from resurfacing. The possibility of an appeal makes a second round more likely.

This article was originally published on the LSE EUROPP – European Politics and Policy blog, and has been republished with permission.