Dani, Sarajevo, Federation Bosnia-Hercegovina, B-H, March 10 2000

Defense attorneys of the indicted Croats from central Bosnia in the Hague Court, Croat officials in Sarajevo and Croat demonstrators from Vitez to Zagreb in their defenses of Croats indicted for war crimes in central Bosnia emphasize one and the same question: Why hasn't anyone been indicted for war and post-war crimes against Croats in central Bosnia?

For the most part, the drawing of attention of the Hague judges to crimes against Croats in central Bosnia was the basis of the defense strategy of Tihomir Blaskic, Dario Kordic, Kupreskic and others indicted in six cases with general name of "the Lasva valley". That defense strategy was not successful from the point of view of the interests of their clients since it did not lead to a reduction of sentences. However, such strategy of Croatian defense attorneys forced the Hague judges to take a stand with respect to certain crimes even before it was publicly stated that these crimes were under investigation or that anyone has been indicted for them.

Reading a summary of the verdict in Tihomir Blaskic's case, the presiding of the three member judicial council Claude Jorda, the president of the International Tribunal for War Crimes in the Hague, on March 3 strongly stressed that "the Council believes that evidence about bestial crimes committed against Croat civilians has been presented" and announced that "perpetrators of these crimes should be prosecuted". This statement of the president of the Hague tribunal was ignored in the Bosnian and Croat public.

Measured Response

In the summary of the verdict, judge Jorda emphasized that the Council "considering crimes of which the defendant is accused, took into account the circumstances from that period, and especially the possibility that Muslim forced committed crimes". "Regarding that, the Council emphasizes that the Council wanted to question commanders of the Seventh Muslim Brigade, whose names were frequently mentioned in connection with some of these crimes. The goal is not to charge this or that Muslim unit for these crimes. However, the Council believes that evidence about bestial crimes committed against Croat civilians has been presented and that perpetrators of these crimes should be prosecuted".

However, every crime should be considered separately. "The Council, however, wants to especially emphasize that any attempt to justify one crime with another is unacceptable," said judge Jorda.

In the same manner judges Antonio Cassese, Richard May and Florence Ndepele Mwachande Mumba summarized their opinions when on January 14 2000 they issued a verdict in the case "Kupreskic and others" for the attack on Muslim civilians in Ahmici. "Between October 1992 and April 1993, the relations between the two groups deteriorated and each group increasingly discriminated against the other. Whether the Croats conducted this policy with more violence and cruelty and in a wider context need not be resolved in this case: as the Council has already emphasized, the fact that ones opponent behaves illegally and persecutes or kills civilians cannot be a justification for similar actions and reprisals. Since this case is a trial of certain Croats, accused of participating in such policy, the question of the degree in which Muslims also persecuted Croats is not directly related to this case," emphasized the Judicial Council in the case "Kupreskic and others".

Mujahedeen in the Command Chain?

These events were mentioned only by the defense of the indicted Croats, while the Prosecutor did not object. The official attitude of the Office of the Prosecutor in the Hague about these events is not known. The verdict to "Kupreskic and others" mentions at least six attacks on Bosnian Croats at the beginning of 1993, without which, according to the defense, it is impossible to understand the events in the Lasva Valley: Dusina, Busovaca, abduction of Zivko Totic and murder of his bodyguards, Stari Vitez (Mahala) and Zenica. The sixth case to which the defense in the case "Kupreskic and others" drew attention and which the Hague judges described as "a horrific episode which took place in Miletici, inaccessible Croat village in the mountains of central Bosnia in April 1993".

The first case, an attack of a unit from the Seventh Muslim Brigade on the village of Dusina, according to the statements of defenders, traumatized the Croatian community in the Lasva Valley. According to the description of the attack, given in the verdict to "Kupreskic and others", "on January 25 1993, Muslim forces massacred about 14 captured Croat soldiers and several civilians in Dusina. Zeljka Rajic whose husband is among the victims, testified about this attack. A video-recording of the bodies of the victims was included in the evidence."

Exactly this testimony, repeated in both trials, to Blaskic and Kupreskic respectively, was one of the key reasons for the Judicial Council to summon in the Blaskic case three former commanders to testify. Within the scope of this trial, the judges were not concerned about finding out who spoke the truth about the events in Dusina, witnesses of Croat defense attorneys or commanders of the Seventh Muslim Brigade. Also, it is not known how the investigation in this case by the Zenica Cantonal court was concluded.

Other cases, such as the expulsion of Croats from the region of Busovaca or attacks from Stari Vitez (Mahala) on Vitez did not draw a lot of attention during the trial. The Hague judges, obviously, were mostly interested in the abduction of Zivko Totic, the commander of HVO in Zenica, and murder of his bodyguards, and the massacre in Miletici.

"Besides events in Dusina, Lasva, and Busovaca during January 1993, the abduction of Zivko Totic and murder of his escort on April 15 1993 was characterized as another source of instability in Muslim-Croat relations. Zivko Totic was the commander of the HVO military police in Zenica. Four out of five Totic's bodyguards were killed during his abduction, allegedly by Muslim forces. Zivko Totic was however, not killed but was eventually released," stated the verdict in the case "Kupreskic and others".

Exactly in connection with this incident the judges expressed interest in the structure of the Army of Bosnia-Hercegovina in order to establish the position of the Seventh Muslim Brigade and local and foreign Mujahedeen in the chain of command within the Third Corps in Zenica. The second reason for the judges' interest in Zenica were at least three testimonies during this trial about maltreatment and murders of Croats in this municipality. In the case "Kupreskic and others" the Judicial Council established that without any doubt attacks of "Muslim forces on Croat farmers contributed to mutual fear", but it did not find evidence that Muslims in general or the Army of Bosnia-Hercegovina prepared the attack on Croats on April 15-16 1993.

The reason for the abduction of Zivko Totic was the intention of Mujahedeen to extract an exchange for numerous captured Arabs who were traveling towards Zenica out of humanitarian motives or because of their desire to join the unit "El Mudzahid". However, most of defense witnesses stated the fact that officials of the Army of Bosnia-Hercegovina participated in the negotiations about this exchange as evidence that there was coordination between Mujahedeen and the Army of Bosnia-Hercegovina. The verdict includes the explanation given by Jadranka Tolic a witness from Zenica. Asked to give her interpretation of the fact that the Army of Bosnia-Hercegovina negotiated and exchanged Zivko Tolic for Mujahedeen, Jadranka Tolic said the following: "These were Muslim forces and they did everything in coordination with each other. Both, the Army of Bosnia-Hercegovina and Mojahedeen. These were not separate structures. Mujahedeen were a part of the Army of Bosnia-Hercegovina."

Crime in Miletici

"Witness HH visited Miletici during his fact finding mission for the Special Rapporteur of the UN Taduisz Mazowiecki. In Miletici he entered a room which was heavily damaged and on whose walls and doors he saw blood. He was told that there had been five foreign Mojahedeen. They tortured and killed five young Croats. Most of Croats escaped from the village after that incident. Witness HH also testified about maltreatment and willful executions of Croats in Zenica. Mr. Kujawinski visited Miletici on April 27 1993 with two warriors and a UNHCR land rover. He explained that Miletici is a very small village high in the hills. He saw dried blood at the entrance of a pale red house in the village. The villagers were reluctant to speak, but finally said that soldiers had come to the village, forced everyone out of their houses and separated five military age men; the men were then taken into the house, where they were tortured and finally murdered." Shocked by the horrific scene and the condition of the bodies of the victims, the following day Kujawinski returned to the village. He noted down the names of the victims and organized their transfer to the Catholic church in Guca Gora. He turned over the bodies to the priest of this church. "It seems that the events in Miletici were a revenge for Ahmici," states the verdict to "Kupreskic and others". Miletici are located about 15-20 kilometers from Ahmici.

Nevertheless, from the judicial point of view and as far as the norms of international law are concerned, the crime in Miletici cannot be justified by the crime in Ahmici, nor can any crime be justified by another crime of the opposing side. "Briefly, the Judicial Council established that the Croat attack of April 16 on Ahmici was directed against civilians and its goal was 'ethnic cleansing'. Whether the forced expulsion of Muslims from Ahmici was motivated by strategic reasons, such as the removal of a Muslim 'pocket' on the road between Busovaca and Vitez, or whether that was alternatively conceived as a revenge for the attack of Muslim forces on Kuber and several other predominantly or purely Croat villages, is a question which the Judicial Council does not necessarily have to resolve in this case," wrote the judges in the case "Kupreskic and others".

Bosniak political, military and judicial officials either did not hear well or do not understand these messages of the judges from the Hague. The Bosnian public hasn't been informed even about the absolutely clear message of the president of the Hague Tribunal during the issuing of a verdict in the case against Tihomir Blaskic that "the Council believes that evidence about bestial crimes committed against Croat civilians has been presented and that perpetrators of these crimes should be prosecuted". Exactly this announcement, stated by judge Claude Jorda, is the key novelty brought about by the verdict to Tihomir Blaskic. That is the first official confirmation from the Hague Tribunal that an investigation of crimes committed against Croat civilians by the units of the Army of Bosnia-Hercegovina or forces which fought together with them is being conducted.

Exclusive from the Hague

Indictment Against Dzevad Mlaco?

Dani, Sarajevo, Federation Bosnia-Hercegovina, B-H, March 10 2000

Since Mlaco was on a political function, it is realistic to expect an investigation against highest political representatives of the Bosniak people in SDA. Criminal events in the Bugojno Municipality, as is known, started on July 17 in the village of Vrbanja, then continued in the villages of Kordici and Gracanica. Some of the found corpses, totally mutilated, were recognized at the identification (for example Franjo Ivandic was identified by his mother).

The Hague Prosecutor will charge leaders of the war presidency in Bugojno as well as the unit of the Army of Bosnia-Hercegovina "Sejtani" [devils] and the unit commanded by Hanefija Prljic Paraga, with the organization and execution of specific murders, as well as establishment of a concentration camp for Croats at the stadium of the soccer club "Iskra", where during the Winter of 1993 about 60 captives were tortured. Reports about maltreatment of Croats in the Bugojno Municipality were also contributed by the International Committee of Red Cross, and were sent to the Hague together with voluminous documentation. Another, much more extensive documentation arrived from HVO SIS of Herceg-Bosnia, and it is especially interesting that the last, perhaps the key documents, arrived from the Bosniak ranks. These papers, as we learned, could implicate the leadership of the SDA in the events in Bugojno.

Dzevad Mlaco enjoyed close confidence of Alija Izetbegovic until last year. Izetbegovic used his influence to appoint Mlaco for a representative in the Chamber of the Peoples of the Bosnian Parliament. After an intervention of Carlos Westendorp, Mlaco was eventually replaced, becoming an ordinary member of the Parliament [i.e. of the House of Representatives]. However, SDA came up with another way to pay him back. Mlaco soon received a concession to start an oil sale business and today owns the company Proming, whose gas stations are located in Bugojno and Sarajevo.