Milosevic "trial": Borislav Jovic speaks (Nov. 16--20, 2003)
1. MILOSEVIC "TRIAL" SYNOPSIS: BORISLAV JOVIC COMES TO THE HAGUE TRIBUNAL
- November 18, 2003
2. MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC
? PART I - Nov. 19, 2003
3. MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC
- PART II ? Nov. 20, 2003
(NOTA: chi fosse in grado di tradurre questa importante documentazione e'
pregato di comunicarcelo con sollecitudine, grazie. CNJ)
=== 1 ===
http://www.slobodan-milosevic.org/news/smorg111803.htm
MILOSEVIC "TRIAL" SYNOPSIS: BORISLAV JOVIC COMES TO THE HAGUE TRIBUNAL
www.slobodan-milosevic.org - November 18, 2003
The secret witness B-1524 finished his testimony at the Hague Tribunal
today. He finished his examination-in-chief last week, and he was cross-examined
today. B-1524 was a resident of Zvornik, a reserve officer in the T.O.,
and a high official in the municipal government.
According to B-1524 everybody was armed. He said that black market arms
dealers came into Zvornik and sold weapons to the population there regardless
of their ethnicity. The the Muslims were not unarmed. They could buy weapons
from blackmarketeers as easily as the Serbs could.
B-1524 said that armed Muslims congregated around the mosques, and in the
city of Zvornik itself. He also said that at the same time as the Muslims
were arming that the Serbs were also arming and that they mainly occupied
the suburbs. B-1524 confirmed that the conflict in Zvornik was between
locals. He also said that the SDA and the SDS jointly toppled the League
of Communists, but that neither one was competent to govern.
B-1524 said that 10,000 residents of Zvornik, primarily Muslims, fled the
city as refugees and went to seek shelter in Serbia. This is an important
point. Muslims fled to Serbia in order to escape the civil war in Bosnia.
This fact alone demonstrates that Serbia wasn?t waging any sort of aggression
against Bosnian Muslims. If Serbia had been pursuing a policy of genocide
against Muslims then certainly they wouldn?t have sought shelter in Serbia.
B-1524 also said that the JNA did not attack Zvornik. He claimed that illegal
paramilitary formations attacked Zvornik.
The next witness was Borislav Jovic. As Serbia?s representative, Borislav
Jovic was the president of the SFRY presidency in 1989 and 1990. He was
the president of the SPS in 1991 and 1992 and was later the vice-president
of the SPS from 1992 until 1995 when he was asked to resign his position.
He has written 2 books, one entitled ?The Death of the SFRY? which was
compiled from his diary, and another book he wrote in 2000 about his opinion
of Slobodan Milosevic?s personality.
In its typical underhanded fashion the Prosecution didn?t provide Jovic?s
witness statement to President Milosevic until 6 o?clock the previous night.
Mr. Jovic first explained to Mr. Nice that his books only represent his
personal views and assessments, and that their contents could be challenged.
Jovic went on to explain to a disappointed Mr. Nice that Slobodan Milosevic
didn?t control the SFRY presidency, or the JNA.
Stepjan Mesic had testified earlier that Jovic would leave SFRY Presidency
meetings in order to call Milosevic and receive instructions from him.
Jovic flatly denied this.
Jovic also said that Serbian volunteers fighting in Croatia and Bosnia
were not under Milosevic?s control. According to Jovic volunteer units
and individual volunteers were suborned to the army and that when they did
not adhere to military discipline they were regarded as paramilitaries.
Jovic said that President Milosevic regarded Arkan as a criminal, and said
that he told him, at a time when they had good relations that Arkan was
not in any way associated with the Government of Serbia.
Jovic denied that the JNA had shelled the old city of Dubrovnik. According
to Jovic only 2 shells fell on the old city by accident. Mr. Nice tried
to counter Jovic?s assertion by playing a video that showed 1 damaged building
in the old city, where as the rest of the old city was unscathed.
After playing a video tape of news story from ITN, and that other rather
unimpressive video, Nice asked Jovic again if he still believed that only
2 shells fell on Dubrovnik, and Jovic said that he did.
Mr. Nice asked Jovic if the JNA had perpetrated a massacre at Vukovar and
Jovic denied it. Jovic said that the JNA was ordered to protect civilians.
Nice, becoming increasingly frustrated, then began to threaten Jovic reminding
him that he was the commander-in-chief of the JNA at the time of Dubrovnik
and Vukovar. This was clearly a veiled threat from Mr. Nice, a signal that
if Jovic didn?t ?play ball? that he would be indicted himself. Jovic none
the less stood his ground, and why shouldn?t he? Milan Babic testified
against Milosevic, he did exactly what the prosecution wanted him to do,
and they?ve indicted him anyway. In fact they just indicted him today.
Jovic also denied that the infamous Karadjorjevo meeting had ever taken
place. Jovic said that it had always been Serbia?s position that Bosnia
should not be divided. Jovic said that Mesic had invented the Karadjorjevo
meeting in order to inflict political damage on Franjo Tudjman in Croatia,
because the two of them were having a dispute at the time.
Mr. Jovic clearly does not like Slobodan Milosevic as a person, and so
Mr. Nice spent a lot of time dwelling on things that Jovic found objectionable
in Milosevic?s personality. However, none of this has anything to do with
whether or not Slobodan Milosevic is a war criminal. It was clear that
Mr. Nice was only getting Jovic to say negative things about Milosevic?s
personality so that the OTP?s cronies in the media and at CIJ would have
something bad they could say about President Milosevic.
On the key issue Jovic came through for President Milosevic. Jovic vehemently
denied that Slobodan Milosevic was a nationalist. Jovic said that it was
always President Milosevic?s position that all people had to be equal no
matter what their ethnicity was. Jovic said that President Milosevic would
never agree that anybody could be mistreated or denied rights because they
weren?t a Serb.
Mr. Nice will complete the examination-in-chief tomorrow, and then President
Milosevic will have the opportunity to cross-examine Jovic.
=== 2 ===
http://www.slobodan-milosevic.org/news/smorg111903.htm
MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC ? PART
I
www.slobodan-milosevic.org ? November 19, 2003
Written by: Andy Wilcoxson
Prosecutor Geoffrey Nice finished the examination-in-chief of former SFRY
presidency member Borislav Jovic today.
Mr. Nice had some difficulty with his witness. Mr. Jovic accused Nice of
quoting excerpts from his book out of their proper context, and the examination-in-chief
was frequently confrontational. At one point Mr. Nice played a video where
some JNA personnel could be seen celebrating the liberation of the JNA
barracks at Vukovar.
Mr. Nice asked Jovic if he knew about the celebration and when Jovic said
that he didn?t, Nice asked him how, as president of the SFRY presidency,
he could not know about such a celebration. Jovic explained to Nice that
the JNA wasn?t micromanaged by the SFRY presidency to the point that members
of the army needed the special approval of the presidency to have a meeting
to congratulate one another after a successful operation.
Mr. Jovic explained to Nice that the SFRY presidency used the JNA in Croatia
to protect the Serbs who were living there from the marauding Croatian
paramilitaries. He explained that the SFRY presidency had no intention
of overthrowing the government in Zagreb. The JNA, and the SFRY presidency?s
only objective was to protect the civilian population until such time as
a political solution could be reached.
Mr. Jovic explained to Nice that Ante Markovic pursued an economic policy
that was contrary to Serbian interests. Markovic?s economic reforms put
price caps on electricity and food to such an extent that Serbia?s two
main exports, agriculture and electricity were operating at a financial
loss. At the same time as Markovic was putting the screws to the Serbian
economy he was freeing price controls on exports from other republics.
Jovic explained that it was Markovic?s objective to topple the Serbian
leadership by sabotaging the Serbian economy.
Nice asked if Jovic if he was able to disagree with Milosevic publicly.
Jovic explained that they tried not to have public disagreements, but that
one time they did trade public accusations over the management of the SPS.
It was apparent from Mr. Jovic?s testimony that he has a personal dislike
for Slobodan Milosevic. During the examination-in-chief Mr. Jovic was frequently
critical of Milosevic?s personality, he said that Milosevic chose associates
who were ?yes men,? and Jovic called Milosevic a clumsy leader. During
cross-examination Milosevic referred to Mr. Jovic by his nickname ?Bora?
while Mr. Jovic only referred to Milosevic in the 3rd person.
In spite of Jovic?s own obvious personal dislike for Milosevic, he testified
truthfully. Mr. Jovic?s testimony cleared-up a number of things.
The JNA?s chain of command was cleared up. The SFRY collective presidency
commanded the JNA. The SFRY presidency would appoint and dismiss JNA Generals,
and members of the General Staff. The SFRY presidency was the order issuing
authority to the JNA.
The 8 member SFRY presidency was composed of 1 member from each republic
and each autonomous province. The presidency decisions were made on the
basis of a majority vote. If 5 members, or in some cases 6 voted for a
decision to be adopted then the full force of the SFRY presidency was put
behind the decision.
The JNA was issued its orders by the SFRY presidency, and the General Staff
of the JNA was bound to carryout those orders and report back to the SFRY
presidency. The entire SFRY presidency formed the supreme commander of
the JNA, no one member, not even the president of the presidency had the
ability to issued orders individually. Jovic also confirmed that none of
the republic presidents had any ability to issue orders to the JNA.
It is quite clear that Slobodan Milosevic did not command the JNA. He simply
had no ability to command the JNA. In fact Jovic confirmed that Milosevic
was not even kept abreast of JNA activities outside of Serbia.
It has been suggested by the prosecution that Slobodan Milosevic somehow
controlled the SFRY presidency. This was cleared up as well. Slobodan Milosevic,
being the president of Serbia, could only influence Serbia?s member of
the Presidency. The other presidency members were appointed by their respective
republics and provinces. Each presidency member was bound to protect his
republic or province?s interests, and each republic and province had the
right to put forward anybody they wanted to for their presidency member,
or replace their member if they considered that he had acted against their
interest.
The presidency had 8 members and Slobodan Milosevic only had the ability
to influence one of them. What is more the presidency rotated. Each republic
and province took turns appointing the president of the presidency.
It is quite impossible that Slobodan Milosevic could control the SFRY presidency
in any way on that basis. He had no possible way to form any sort of Serbian
bloc in the SFRY presidency.
The prosecution has also put forward the thesis that the SFRY defense minister,
Veljko Kadijevic, was ?Milosevic?s man.? Maybe, theorizes the prosecution,
Milosevic controlled the JNA by controlling Kadijevic.
This theory was put to bed today. Mr. Jovic explained that Kadijevic was
appointed to his post, with the consent of all 6 republics and both provinces
by the SFRY assembly. Jovic also explained that the SFRY assembly had the
right to remove Kadijevic if it had wanted to.
What?s more Jovic described Milosevic and Kadijevic?s relationship as "tolerant."
According to Jovic the two didn?t particularly like each other or get on
very well with one another. Jovic said that Kadijevic wanted to overthrow
the secessionist governments in Zagreb and Ljubljana, where as Milosevic
only wanted to ensure the protection of those citizens who did not wish
to leave Yugoslavia.
The ?greater Serbia? question was dealt with again today, and the prosecution?s
case on this score was defeated again by its own witness.
Jovic said that no ?greater Serbia? plan had ever existed. Jovic explained
that Serbia?s position was that the SFRY should remain intact. He explained
that Serbs were living in all republics and so it was desirable from Serbia?s
point of view to preserve Yugoslavia. When it became apparent that the
SFRY could no longer exist, Jovic explained that Serbia?s position was that
equality should be ensured for the Serbian people living outside of Serbia.
Jovic confirmed that Serbia?s position was that of the SFRY presidency.
Serbia wanted to strengthen the federal institutions and build a strong
Yugoslav state.
The claim has frequently been made by Western media, and the ICTY prosecution
that Slobodan Milosevic revoked Kosovo?s autonomy. Their strategy seems
to be that if they repeat a lie long enough maybe it will become the truth.
Borislav Jovic was at the head of the commission that amended the Serbian
constitution in 1989 to limit Kosovo?s excessive level of autonomy. Kosovo?s
autonomy was not revoked by the amendments it was simply limited to a sensible
level.
Under the 1974 constitution, Serbia couldn?t enact laws or amend its constitution
unless the provinces approved it. Serbia was held hostage by its provinces.
The provinces, on the other hand, could do anything they wished and Serbia
couldn?t stop them.
The 1974 constitution conflicted with itself and with the Serbian constitution.
Article III of that constitution granted the republics (not the provinces)
the status of states within Yugoslavia. Because of the provinces? excessive
level of autonomy, the republic of Serbia was denied its rightful status
and was placed at a disadvantage to other republics within the SFRY.
Because of Kosovo?s excessive autonomy, citizens who were wronged by the
Kosovo judiciary couldn?t appeal their cases to the Serbian Supreme Court,
even though they were citizens of the Republic of Serbia. Authority began
and ended with Kosovo.
Kosovo abused its excessive autonomy. Between 1981 and 1987, more than
40,000 Serbs fled Kosovo under pressure from Albanian fascists who were
striving to create an ethnically pure Albanian Kosovo.
The situation was nonsense, and something had to be done to protect the
non-Albanian citizens in Kosovo. In 1988 Serbia appealed to the government
of the SFRY. The SFRY, with the consent of all 6 republics and both provinces
responded by amending the SFRY constitution, thereby allowing Serbia to
amend its constitution.
In 1989 Serbia amended its constitution and the amendments were adopted
with the consent of the Serbian assembly, the Vojovodina assembly, and
the Kosovo assembly. Some have said that military pressure was exerted on
the Kosovo assembly to force it to accept the amendments. Jovic denied
that this was the case. He said that the Army was only present around the
assembly to protect it from the Kosovo Albanian citizens who were demonstrating
against the acceptance of the amendments.
At this point it the 1980 and 1981 demonstrations that took place in Kosovo
were discussed. Jovic said that those demonstrations (at which people were
killed) were violent and verged on a full-blown revolt. From this history
one can clearly see that it was necessary for the army to protect the assembly
building.
Kosovo?s status was not diminished in the SFRY at all. Jovic confirmed
that in 1989 when the constitutional amendments were finalized the president
of the SFRY presidency was Sinan Hasani, a Kosovo Albanian. Hasani, along
with Ante Markovic was present at the Serbian assembly session when the
amendments were finalized and neither had any objections. Kosovo still
appointed its members to the SFRY presidency, and still had the same veto
powers in the federal assembly.
Much has also been made of the fact that the Serbian assembly dissolved
the Kosovo assembly in 1991. This was something that had to be done. Jovic
confirmed that the Kosovo assembly had voted for succession from Serbia,
which was a flagrant violation of the constitutions of both Serbia and
the SFRY. Serbia was obligated under the constitution to dissolve the Kosovo
assembly because it was acting illegally.
The bottom line is that Slobodan Milosevic did not and could not revoke
Kosovo?s autonomy. Kosovo retained its autonomous status, and Serbia?s
constitutional amendments were made in accordance with the laws of the
SFRY. None of the amendments gave Serbia any more power than any of the
other republics.
The question of the establishment of a ?Serb army? was discussed. The prosecution
has put forward the idea that Milosevic was endeavoring to create some
kind of Serb army. Jovic dismissed the idea as nonsense.
Jovic said that the idea of creating a ?Serb army? was being floated by
the opposition parties, namely the SPO and the SRS. Jovic considered that
they were floating this idea just so that they could themselves seize power.
Jovic pointed out that the SPO and the SRS both raised armed formations,
but that the SPS never raised any such formation.
Mr. Jovic also divulged some interesting information about Vuk Draskovic
today. Jovic explained that SFRY government intelligence sources had informed
him that Vuk Draskovic, Stjepan Mesic and the leadership of the Democratic
Party (DS) were all engaged in a conspiracy to topple the JNA and overthrow
the Serbian Government.
So here is Vuk Draskovic, raising an armed group, and advocating a Serbian
army, while at the same time plotting to overthrow the Serbian Government
and wreck the JNA.
Jovic stated quite clearly that Milosevic was against the formation of
any Serbian army and that Milosevic always favored a multiethnic Yugoslav
army.
It was also observed by Jovic that Draskovic cooperated with Warren Zimmerman
in order to try and find ways to overthrow Milosevic and come to power
himself.
Jovic clarified the basis of the SFRY presidency?s decision to place T.O.
weapons under JNA control. Jovic explained that Croatia and Slovenia were
illegally arming their paramilitary formations by stealing the weapons
from out of the T.O. warehouses. Therefore, it was necessary to place the
weapons under JNA control so that paramilitaries couldn?t lay their hands
on them.
Jovic and Milosevic recalled a meeting that was convened by the SFRY presidency
at which all members of the presidency, and all republican presidents were
present. The meeting was convened in order to establish the causes of the
inter-ethnic fighting in Croatia.
The meeting reached the conclusion that the problems arose because Croatia
had denied the Serbs their status as a constituent people in Croatia, even
the Croatian representatives agreed with the conclusions. Unfortunately,
according to Jovic they didn?t act on the conclusions and continued with
their violent policy of succession.
Jovic confirmed that Serbia, and Milosevic personally wanted succession
to be regulated by law in order to prevent conflicts, and the chaotic situation
which ultimately did emerge. Unfortunately, Croatia blocked the SFRY federal
assembly from passing any sort of law like that.
Jovic theorized that Croatia blocked the law because Zagreb wished to pursue
and anti-Serb policy and that a law on succession would force them to afford
equal rights to the Serbs in Croatia before they could separate from Yugoslavia.
Jovic explained the situation in Croatia. He said that already in 1990
Croatian paramilitary formations were intensively arming and threatening
the family members of JNA officers, and even killing them in some cases.
Jovic explained that after the infamous Spegelj film Tudjman had agreed
with the federal presidency decision that paramilitaries should be disarmed.
Unfortunately, Tudjman didn?t disarm the Croatian paramilitaries. On the
contrary, Jovic testified that the Croatian authorities were arming paramilitary
formations, and that they primarily gave weapons to HDZ members.
The Serbs on the other hand believed that the JNA would protect them and
they did disarm. Unfortunately, this left them open to being attacked by
the Croat paramilitaries, and they were attacked.
Unfortunately, these attacks did not result in the imposition of martial
law in Croatia, and so the Serbs reacted by spontaneously arming themselves.
Jovic explained that Croatian paramilitaries blockaded the JNA in its barracks
in violation of the Geneva agreement that had been reached with the Croatian
authorities to allow the JNA to freely leave.
Jovic used the example of Vukovar to explain how those barracks were blockaded,
how the water and electricity was cut off, how there was no food, how siege
was laid on the barracks and how JNA soldiers were being killed in the
barracks. Eventually, Jovic explained, the JNA was forced to attack the
Croat forces in order to liberate its barracks.
Jovic added an interesting detail to the tragedy of operations Storm and
Flash. Jovic said that the Z4 peace plan, which he considered to be a good
plan, was in the offing when Croatia launched its bloody offensive against
the Krajina Serbs. He said that Croatia launched its offensive before the
plan even had a chance to be discussed.
Jovic also addressed the question of Serbian aggression against Bosnia.
Jovic vehemently denied that Serbia had perpetrated any aggression against
Bosnia. Jovic confirmed Milosevic?s claim that the wars in Bosnia and Croatia
were a civil wars, and not some sort of external aggression coming from
Serbia. Jovic confirmed that the republic of Serbia did NOT send any forces
outside of Serbia?s borders.
It is also clear that the JNA waged no aggression on Bosnia. Jovic said
that the JNA was ordered to withdraw on the very day that the international
community recognized Bosnia as an independent state. Therefore, the JNA
was on its own territory and could not possibly be accused of any aggression,
since it is quite impossible to wage aggression against yourself.
Jovic explained that when the JNA withdrew from Bosnia it only withdrew
the members who were not from Bosnia. He said that the remaining soldiers,
who were in their own republic, formed their own command and were no longer
under the command of the JNA.
Jovic said that the Bosnian war was imposed upon the Serbian people, and
Jovic expressed his firm conviction that if the principle of equality that
had existed in Bosnia for the previous 50 years had been respected then
there wouldn?t have been any war in Bosnia in the first place.
Jovic confirmed again that Bosnia was a civil war and that neither Serbia
nor Yugoslavia had anything to do with it. To demonstrate this he confirmed
that at the promulgation of the 1992 FRY constitution a statement was issued
saying that the FRY had no territorial pretensions towards any of the former
Yugoslav republics.
Jovic confirmed that the war in Bosnia was started with the illegal referendum
on succession. He also added an interesting fact. Jovic said that the idea
to have this sort of referendum had come from the E.C.
Jovic confirmed that before the war, on 18 March 1992 all three sides accepted
and signed the Cutileiro peace plan. He also explained how on 25 March
1992 Alija Izetbegovic, under the influence of Warren Zimmerman, reneged
and withdrew his signature from the peace plan.
Jovic agreed with Milosevic?s observation that the Serbs acceptance of
the Cutileiro plan showed that not even the Serbs in Bosnia had any ideas
about creating any greater Serbia. The Cutileiro plan called for an independent
Bosnia divided into cantons, and the original demand of the Bosnian Serbs
had been to remain in Yugoslavia. So quite clearly we can see from their
acceptance of the plan that they had no ideas about forming any greater
Serbia. In fact the Serbs were willing to make compromises to achieve peace,
unlike Izetbegovic who said "I would sacrifice peace in order to win sovereignty
for Bosnia, but for that peace in Bosnia I would not sacrifice sovereignty."
To drive this point home President Milosevic showed Jovic a transcript
from an SFRY presidency meeting where Radovan Karadzic had been present
and had accepted that Bosnia would be an independent state, but that he
insisted on the equality for the Serb people living there.
Jovic confirmed that Serbia had 2 main goals vis-à-vis the war in Bosnia.
The primary goal was to find a way to put a stop to the war, and the secondary
goal was to get the sanctions lifted. To prove that Serbia was trying to
achieve peace it was noted by Milosevic and Jovic that Serbia supported
the Cutileiro plan in March of 1992, the Vance-Owen plan in May of 1993,
the Owen-Stoltenberg plan (a.k.a. the ?invincible plan?) in September of
1993, the European Union Action plan in December of 1993, the Contact Group
plan in July of 1994, and ultimately the Dayton peace plan in 1995.
Jovic explained how the SFRY presidency was marginalized by the international
community. When Croatia and Slovenia left Yugoslavia their members left
the collective presidency, leaving a 6 member rump presidency behind.
The presidency could still legally function with 6 members, since the full
presidency consisted of 8 members and only a majority was required to reach
decisions.
Unfortunately, the international community, according to Jovic, did not
recognize the presidency?s authority. Instead, the international community
decided to ignore the Helsinki Final Act and recognized the secessionists
as the legitimate governments, as opposed to adhering to the act which
clearly states that a state?s frontiers are inviolable.
In fact, according to Jovic all republics, except for Croatia and Slovenia,
wished to maintain the SFRY until the international community changed its
stance and advocated succession from Yugoslavia.
Jovic explained that Yugoslavia and Serbia became disillusioned when Europe
lent its support to violent succession. He said that it became obvious
that international law was being manipulated and twisted in order to serve
the interests of the great powers.
On that sad note the hearing ended. Mr. Jovic will continue his with his
cross-examination tomorrow.
=== 3 ===
MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC - PART
II
www.slobodan-milosevic.org ? November 20, 2003
Written by Andy Wilcoxson
The testimony of former SFRY presidency member Borislav Jovic was concluded
today. The majority of the first session was spent discussing various peace
initiatives, and everything basically boiled down to this. Serbia and Slobodan
Milosevic personally supported practically every peace plan to come down
the pike. Serbia and Yugoslavia?s efforts were directed towards stopping
the war and finding a just political solution to the conflicts in Croatia
and Bosnia that respected the equality of all of the parties.
To highlight Serbia?s position President Milosevic read out a statement
that the Government of Serbia issued on August 30, 1991 that said that
the Yugoslav crisis should be settled peacefully and democratically. Jovic
then confirmed that this was Serbia?s position.
Jovic said that Serbia and Milosevic?s position at the beginning of the
crisis was that all nations who wished to leave Yugoslavia should be allowed
to do so, while the nations who wished to remain in Yugoslavia should be
permitted to stay.
Simply put the right of people to remain in Yugoslavia had to be equal
to the right of people to leave Yugoslavia. To accomplish this Serbia and
the SFRY presidency endeavored to have a law on succession passed so that
succession could be regulated by the law, and conflicts could be avoided.
Unfortunately, Croatia blocked such a law from being passed in the Federal
Assembly.
Once the fighting started in Bosnia and Croatia Jovic confirmed that Milosevic?s
position was that the hostilities should immediately cease and peace negotiations
should take place on the principle of equality.
Serbia?s only goal from the outset was to find a solution that was fair
to both the Serbs and the Croats in Croatia. Jovic confirmed that everything
Serbia did in regard to Croatia was geared towards finding a solution that
was fair to both parties.
Jovic testified that neither Serbia nor Yugoslavia had any desire to conquer
any Croatian territory. Serbia and Yugoslavia?s acceptance and support
for the Vance plan proves this fact. Under the Vance plan the JNA withdrew
from Croatia, and the UN soldiers came in. If the aim of Yugoslavia had
been to conquer Croatia then certainly it wouldn?t have withdrawn its army.
Jovic considered that the primary cause of the war in Croatia was Croatia?s
decision to throw the Serbs out of the constitution, and deny them their
status as a constituent people. Croatia banned the Cyrillic alphabet, and
Tudjman had plans to ban the Serbian Orthodox Church in Croatia.
Jovic had published in his book (that has been introduced into evidence)
minutes of a meeting where Tudjman spoke in Cleveland. The meeting took
place before Tudjman came to power. At the meeting Tudjman was laying out
the HDZ?s plans for Croatia, and these plans included a ban on the Serbian
Orthodox Church and a ban on the term ?Serb?. According to Tudjman?s plans
Serbs would be called ?Orthodox Croats.?
Outlawing being a Serb in Croatia was only one part of Tudjman?s plans.
The primary aim of the HDZ, according to the minutes of the meeting was
to break Croatia away from Yugoslavia.
Jovic recounted one occasion when Franjo Tudjman accused him of instigating
a Serb rebellion in the Krajina. Jovic pointed out that the rebellion only
began after Tudjman threw the Serbs out of the constitution and banned
the Cyrillic alphabet. Therefore, it was Tudjman?s actions and not Jovic?s
that provoked the rebellion.
In response to this Milosevic asked if anybody in the Government of Serbia
had ever attempted to incite an armed rebellion by the Krajina Serbs, and
Jovic replied that such an attempt had never been made.
When the discussion turned to the Bosnian war, the Cutileiro peace plan
was discussed. Milosevic read out a quote from Cutliero where he said in
regard to the Muslim decision to withdraw from the plan that ?they have
obviously opted for war and they must bear a great responsibility.? Jovic
then confirmed that this was the reaction that was expressed at the time.
The fact that Izetbegovic renounced the peace plan, and withdrew his signature
from it before the war ever started proves that the war in Bosnia can be
attributed exclusively to him, and Cutliero?s statement bears that out.
The Cutliero plan could have stopped the war before it started, but Izetbegovic
opted for war instead of peace.
Jovic confirmed that Serbia and Milosevic personally supported the Cutliero
plan. The fact that Serbia led by Milosevic supported a peace plan that
called for an independent Bosnia proves that Serbia had no territorial
aspirations towards Bosnia whatsoever.
Jovic confirmed that Milosevic and the whole Serbian and Yugoslav leadership
condemned ethnic cleansing regardless of who was committing it, and demanded
that people engaged in such a crime be punished. Jovic also said that Milosevic
emphatically, repeatedly, and publicly condemned the shelling of Sarajevo.
Jovic confirmed that tens of thousands of Bosnian Muslim refugees sought
shelter, and were given accommodation in Serbia. From this fact alone it
is quite obvious that Serbia wasn?t engaged in any sort of genocide against
the Muslims.
President Milosevic asked if either he or the Government ever put forward
any plan or enacted any plan that sought to deny any ethnic group or minority
their equal rights, and President Milosevic specifically mentioned the
Kosovo Albanians.
Jovic responded that the policy of the Serbian Government and Slobodan
Milosevic in particular was that every citizen had to be equal regardless
of their ethnicity.
Ante Markovic was a topic of discussion. According to Jovic, Ante Markovic
was the extended arm of the U.S. Government in Yugoslavia. Jovic said that
Markovic?s goal was to topple socialism in Yugoslavia, particularly the
government of Serbia.
It turns out that Jovic wrote another book that the OTP didn?t know about.
The book ?The Dismemberment of Yugoslavia? outlined how Ante Markovic almost
single-handedly destroyed Yugoslavia?s economy. According to Jovic, no
one man did more damage to Yugoslavia than Ante Markovic.
When Ante Markovic testified he represented himself as some sort of economic
savior, but Jovic had a different story. Jovic said that Markovic conducted
his economic policy on behalf of foreign interests, with an aim to sabotage
the Serbian economy in order to topple the Serbian government.
Jovic explained how Markovic introduced a program whereby the Yugoslav
dinar was convertible at a ratio of 7 dinars for 1 deutschemark. Jovic
explained that on the basis of Markovic?s program citizens went out and
converted their savings into deutschemarks.
What happened according to Jovic was that Markovic raided the foreign exchange
reserves of the SFRY, and the citizens who had converted their money into
deutschemarks were unable to get their money back out of the banks, and
had to be issued what amounted to IOU?s by the state.
Jovic explained that Markovic used the money from the SFRY?s foreign exchange
reserves to pay Croatia?s debt. Markovic?s so-called ?economic reforms?
were a scam that increased the SFRY?s debt many fold.
The Amicus Curiae, Mr. Tapuskovic also brought up Ante Markovic. Tapuskovic
had acquired the stenogram of the 12 July 1991 presidency meeting at which
Markovic (who was the federal prime minister) was present.
From the stenogram it could be seen quite clearly that Ante Markovic, in
violation of the constitution, had in fact ordered the JNA to take over
border and customs posts on Slovenia?s external borders. It could also be
seen from the stenogram that the SFRY presidency was against this unlawful
deployment of the JNA by Markovic.
Markovic had simply taken it upon himself to issue the orders when the
SFRY presidency was on a break, and the army had executed his orders in
spite of the fact that he didn?t have the authority to issue them. This
is an important point because when Markovic testified he denied ever doing
this, but it was proven today that he did.
Earlier in the cross-examination Jovic told Milosevic about how Slovenia
had irrationally linked itself to Croatia.
Slovenia is a fairly mono-ethnic republic. All of the Slovenes pretty much
live in Slovenia, and its population is over 90% Slovene. Slovenia?s succession
from Yugoslavia should have been pretty easy. Where as Croatia?s succession
was more difficult because two ethnic groups lived there, the Serbs who
wanted to stay in Yugoslavia, and the Croats who wanted to leave Yugoslavia.
For some reason, instead of just leaving the Yugoslav federation, as it
could have easily done, Slovenia linked itself to Croatia and demanded
the disassociation of the SFRY. The question arises why was it any of Slovenia?s
business what the rest of Yugoslavia did? Slovenia wanted to leave.
Jovic theorized that Slovenia acted the way it did because it was endeavoring
to break-up Yugoslavia on behalf of foreign interests, predominantly German
and American interests.
Jovic said that Slovenia launched an unprovoked attack against the JNA.
The JNA only had 6,000 troops in Slovenia, and the Slovene paramilitary
numbered 55,000. According to Jovic Slovenia wanted to prove to the other
Yugoslav republics that it won its independence by violent armed rebellion,
and Ante Markovic?s illegal orders to the engage the JNA in Slovenia only
helped the Slovenes to more effectively create this scenario.
After Slovenia left, Croatia announced its succession. Croatia pursued
a fait accompli policy. Croatian paramilitaries attacked the JNA and blocked
it in its barracks. The Croatian idea was to achieve international recognition
first, and then deal with the Serbs later. Unfortunately, Croatia got its
wish.
At the same time as Slovenia and Croatia were engaged in violent succession
Germany was putting pressure on the EC to grant recognition to the secessionist
republics. Initially Germany was the only country in the EC that wanted
to recognize Croatia and Slovenia, but the Germans threatened to withdraw
from the EC if Slovenia and Croatia were not recognized and so the EC acquiesced
to German demands and granted recognition to Croatia and Slovenia.
According to Jovic?s book there is evidence that the Germans were endeavoring
to break-up and provoke civil-war in Yugoslavia. According to Jovic?s testimony
a video tape exists where the former Slovene assembly speaker France Bucar
can be seen discussing various ways to start a civil war in Yugoslavia
with a German spy.
Jovic said that there was also intelligence data that suggested Croatian
paramilitaries were receiving training in Germany.
According to Jovic the United States originally opposed the break-up of
Yugoslavia. However, Jovic believed that the United States was so Hell-bent
on getting rid of communism that the Americans elected to get rid of communism
in Yugoslavia by breaking-up the country, and then dealing with the individual
pieces.
Simply put, in Jovic?s estimation, the USA?s objective was to get rid of
the communists in Yugoslavia, and the method that America ultimately used
to achieve its goal was the destruction of Yugoslavia itself.
Then the cross-examination turned to personal issues regarding Milosevic,
and issues internal to the SPS, although one other important point was
raised. Jovic and Milosevic both agreed there were hundreds of newspapers,
TV stations, and radio stations operating in Serbia that were not controlled
by the government. Only the state-owned media was influenced by the state.
After President Milosevic concluded his cross-examination; the Amicus Curiae
Mr. Tapuskovic cross-examined Jovic.
As I mentioned earlier Tapuskovic had acquired the stenogram of the 12
July 1991 SFRY presidency session, when Ante Markovic is caught issuing
illegal orders to the JNA.
There were some other interesting things taking place at that same presidency
session. For example the Yugoslav Defense Minister, Veljko Kadijevic was
reporting that paramilitary formations on SFRY territory numbered approximately
200,000 men, whereas the JNA only numbered 140,000 men.
In view of this shocking information Kadijevic is asking for the JNA to
disarm these paramilitaries before what had happened in Slovenia repeats
itself elsewhere in the country.
In this stenogram it can be seen quite clearly that Stjepan Mesic opposed
the disarming of paramilitary formations. Mesic considered that the JNA
should go to its barracks, but by that time Croatian paramilitaries were
already blocking and laying siege on JNA barracks in Croatia. Mesic essentially
wanted the JNA to be prisoners.
Jovic opposed the election of Mesic to the presidency in the first place.
However, he explained that the EC prevailed upon the presidency and insisted
that they accept Mesic, even though Mesic had already stated quite clearly
that he wanted to destroy Yugoslavia.
After Mr. Tapuskovic?s cross-examination was cut off, Mr. Robinson brought
up the fact that the prosecution was seeking tender the BBC documentary
?The Death of Yugoslavia? as an exhibit. Robinson observed that Jovic had
appeared in the documentary and asked if it was an accurate documentary,
and if it accurately represented him.
Mr. Jovic gave a critique of the BBC documentary that the BBC probably
won?t use in any of its advertising. Jovic denounced the BBC program as
being ?contrived and incorrect,? and he said that the BBC took his interview
out of its proper context.
Mr. Jovic was then re-examined by Mr. Nice. Nice was obviously on a fishing
expedition. He was trying to get Jovic to say something in order to incriminate
himself. Nice was trying to lay the foundation for an indictment against
Jovic. Nice didn?t succeed, although I don?t think that will stop The Hague
?tribunal? from issuing an indictment anyway. Since when has The Hague
?tribunal? been afraid to issue unfounded indictments against Serbs?
On the bright side Nice?s failed fishing expedition did give Jovic the
chance to bring up one other additional point; Croatia and Slovenia did
not separate from Yugoslavia in accordance with the laws of Yugoslavia.
Jovic pointed out that the Constitutional Court of Yugoslavia had made
its ruling and found their succession to be in violation of the SFRY constitution.
After Nice finished the so-called ?tribunal? adjourned. It will reconvene
again on Monday.
__________________________________________________________________
Tiscali ADSL SENZA CANONE, paghi solo quando navighi!
E in più il modem e' GRATIS! Abbonati subito.
http://point.tiscali.it/adsl/index.shtml
1. MILOSEVIC "TRIAL" SYNOPSIS: BORISLAV JOVIC COMES TO THE HAGUE TRIBUNAL
- November 18, 2003
2. MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC
? PART I - Nov. 19, 2003
3. MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC
- PART II ? Nov. 20, 2003
(NOTA: chi fosse in grado di tradurre questa importante documentazione e'
pregato di comunicarcelo con sollecitudine, grazie. CNJ)
=== 1 ===
http://www.slobodan-milosevic.org/news/smorg111803.htm
MILOSEVIC "TRIAL" SYNOPSIS: BORISLAV JOVIC COMES TO THE HAGUE TRIBUNAL
www.slobodan-milosevic.org - November 18, 2003
The secret witness B-1524 finished his testimony at the Hague Tribunal
today. He finished his examination-in-chief last week, and he was cross-examined
today. B-1524 was a resident of Zvornik, a reserve officer in the T.O.,
and a high official in the municipal government.
According to B-1524 everybody was armed. He said that black market arms
dealers came into Zvornik and sold weapons to the population there regardless
of their ethnicity. The the Muslims were not unarmed. They could buy weapons
from blackmarketeers as easily as the Serbs could.
B-1524 said that armed Muslims congregated around the mosques, and in the
city of Zvornik itself. He also said that at the same time as the Muslims
were arming that the Serbs were also arming and that they mainly occupied
the suburbs. B-1524 confirmed that the conflict in Zvornik was between
locals. He also said that the SDA and the SDS jointly toppled the League
of Communists, but that neither one was competent to govern.
B-1524 said that 10,000 residents of Zvornik, primarily Muslims, fled the
city as refugees and went to seek shelter in Serbia. This is an important
point. Muslims fled to Serbia in order to escape the civil war in Bosnia.
This fact alone demonstrates that Serbia wasn?t waging any sort of aggression
against Bosnian Muslims. If Serbia had been pursuing a policy of genocide
against Muslims then certainly they wouldn?t have sought shelter in Serbia.
B-1524 also said that the JNA did not attack Zvornik. He claimed that illegal
paramilitary formations attacked Zvornik.
The next witness was Borislav Jovic. As Serbia?s representative, Borislav
Jovic was the president of the SFRY presidency in 1989 and 1990. He was
the president of the SPS in 1991 and 1992 and was later the vice-president
of the SPS from 1992 until 1995 when he was asked to resign his position.
He has written 2 books, one entitled ?The Death of the SFRY? which was
compiled from his diary, and another book he wrote in 2000 about his opinion
of Slobodan Milosevic?s personality.
In its typical underhanded fashion the Prosecution didn?t provide Jovic?s
witness statement to President Milosevic until 6 o?clock the previous night.
Mr. Jovic first explained to Mr. Nice that his books only represent his
personal views and assessments, and that their contents could be challenged.
Jovic went on to explain to a disappointed Mr. Nice that Slobodan Milosevic
didn?t control the SFRY presidency, or the JNA.
Stepjan Mesic had testified earlier that Jovic would leave SFRY Presidency
meetings in order to call Milosevic and receive instructions from him.
Jovic flatly denied this.
Jovic also said that Serbian volunteers fighting in Croatia and Bosnia
were not under Milosevic?s control. According to Jovic volunteer units
and individual volunteers were suborned to the army and that when they did
not adhere to military discipline they were regarded as paramilitaries.
Jovic said that President Milosevic regarded Arkan as a criminal, and said
that he told him, at a time when they had good relations that Arkan was
not in any way associated with the Government of Serbia.
Jovic denied that the JNA had shelled the old city of Dubrovnik. According
to Jovic only 2 shells fell on the old city by accident. Mr. Nice tried
to counter Jovic?s assertion by playing a video that showed 1 damaged building
in the old city, where as the rest of the old city was unscathed.
After playing a video tape of news story from ITN, and that other rather
unimpressive video, Nice asked Jovic again if he still believed that only
2 shells fell on Dubrovnik, and Jovic said that he did.
Mr. Nice asked Jovic if the JNA had perpetrated a massacre at Vukovar and
Jovic denied it. Jovic said that the JNA was ordered to protect civilians.
Nice, becoming increasingly frustrated, then began to threaten Jovic reminding
him that he was the commander-in-chief of the JNA at the time of Dubrovnik
and Vukovar. This was clearly a veiled threat from Mr. Nice, a signal that
if Jovic didn?t ?play ball? that he would be indicted himself. Jovic none
the less stood his ground, and why shouldn?t he? Milan Babic testified
against Milosevic, he did exactly what the prosecution wanted him to do,
and they?ve indicted him anyway. In fact they just indicted him today.
Jovic also denied that the infamous Karadjorjevo meeting had ever taken
place. Jovic said that it had always been Serbia?s position that Bosnia
should not be divided. Jovic said that Mesic had invented the Karadjorjevo
meeting in order to inflict political damage on Franjo Tudjman in Croatia,
because the two of them were having a dispute at the time.
Mr. Jovic clearly does not like Slobodan Milosevic as a person, and so
Mr. Nice spent a lot of time dwelling on things that Jovic found objectionable
in Milosevic?s personality. However, none of this has anything to do with
whether or not Slobodan Milosevic is a war criminal. It was clear that
Mr. Nice was only getting Jovic to say negative things about Milosevic?s
personality so that the OTP?s cronies in the media and at CIJ would have
something bad they could say about President Milosevic.
On the key issue Jovic came through for President Milosevic. Jovic vehemently
denied that Slobodan Milosevic was a nationalist. Jovic said that it was
always President Milosevic?s position that all people had to be equal no
matter what their ethnicity was. Jovic said that President Milosevic would
never agree that anybody could be mistreated or denied rights because they
weren?t a Serb.
Mr. Nice will complete the examination-in-chief tomorrow, and then President
Milosevic will have the opportunity to cross-examine Jovic.
=== 2 ===
http://www.slobodan-milosevic.org/news/smorg111903.htm
MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC ? PART
I
www.slobodan-milosevic.org ? November 19, 2003
Written by: Andy Wilcoxson
Prosecutor Geoffrey Nice finished the examination-in-chief of former SFRY
presidency member Borislav Jovic today.
Mr. Nice had some difficulty with his witness. Mr. Jovic accused Nice of
quoting excerpts from his book out of their proper context, and the examination-in-chief
was frequently confrontational. At one point Mr. Nice played a video where
some JNA personnel could be seen celebrating the liberation of the JNA
barracks at Vukovar.
Mr. Nice asked Jovic if he knew about the celebration and when Jovic said
that he didn?t, Nice asked him how, as president of the SFRY presidency,
he could not know about such a celebration. Jovic explained to Nice that
the JNA wasn?t micromanaged by the SFRY presidency to the point that members
of the army needed the special approval of the presidency to have a meeting
to congratulate one another after a successful operation.
Mr. Jovic explained to Nice that the SFRY presidency used the JNA in Croatia
to protect the Serbs who were living there from the marauding Croatian
paramilitaries. He explained that the SFRY presidency had no intention
of overthrowing the government in Zagreb. The JNA, and the SFRY presidency?s
only objective was to protect the civilian population until such time as
a political solution could be reached.
Mr. Jovic explained to Nice that Ante Markovic pursued an economic policy
that was contrary to Serbian interests. Markovic?s economic reforms put
price caps on electricity and food to such an extent that Serbia?s two
main exports, agriculture and electricity were operating at a financial
loss. At the same time as Markovic was putting the screws to the Serbian
economy he was freeing price controls on exports from other republics.
Jovic explained that it was Markovic?s objective to topple the Serbian
leadership by sabotaging the Serbian economy.
Nice asked if Jovic if he was able to disagree with Milosevic publicly.
Jovic explained that they tried not to have public disagreements, but that
one time they did trade public accusations over the management of the SPS.
It was apparent from Mr. Jovic?s testimony that he has a personal dislike
for Slobodan Milosevic. During the examination-in-chief Mr. Jovic was frequently
critical of Milosevic?s personality, he said that Milosevic chose associates
who were ?yes men,? and Jovic called Milosevic a clumsy leader. During
cross-examination Milosevic referred to Mr. Jovic by his nickname ?Bora?
while Mr. Jovic only referred to Milosevic in the 3rd person.
In spite of Jovic?s own obvious personal dislike for Milosevic, he testified
truthfully. Mr. Jovic?s testimony cleared-up a number of things.
The JNA?s chain of command was cleared up. The SFRY collective presidency
commanded the JNA. The SFRY presidency would appoint and dismiss JNA Generals,
and members of the General Staff. The SFRY presidency was the order issuing
authority to the JNA.
The 8 member SFRY presidency was composed of 1 member from each republic
and each autonomous province. The presidency decisions were made on the
basis of a majority vote. If 5 members, or in some cases 6 voted for a
decision to be adopted then the full force of the SFRY presidency was put
behind the decision.
The JNA was issued its orders by the SFRY presidency, and the General Staff
of the JNA was bound to carryout those orders and report back to the SFRY
presidency. The entire SFRY presidency formed the supreme commander of
the JNA, no one member, not even the president of the presidency had the
ability to issued orders individually. Jovic also confirmed that none of
the republic presidents had any ability to issue orders to the JNA.
It is quite clear that Slobodan Milosevic did not command the JNA. He simply
had no ability to command the JNA. In fact Jovic confirmed that Milosevic
was not even kept abreast of JNA activities outside of Serbia.
It has been suggested by the prosecution that Slobodan Milosevic somehow
controlled the SFRY presidency. This was cleared up as well. Slobodan Milosevic,
being the president of Serbia, could only influence Serbia?s member of
the Presidency. The other presidency members were appointed by their respective
republics and provinces. Each presidency member was bound to protect his
republic or province?s interests, and each republic and province had the
right to put forward anybody they wanted to for their presidency member,
or replace their member if they considered that he had acted against their
interest.
The presidency had 8 members and Slobodan Milosevic only had the ability
to influence one of them. What is more the presidency rotated. Each republic
and province took turns appointing the president of the presidency.
It is quite impossible that Slobodan Milosevic could control the SFRY presidency
in any way on that basis. He had no possible way to form any sort of Serbian
bloc in the SFRY presidency.
The prosecution has also put forward the thesis that the SFRY defense minister,
Veljko Kadijevic, was ?Milosevic?s man.? Maybe, theorizes the prosecution,
Milosevic controlled the JNA by controlling Kadijevic.
This theory was put to bed today. Mr. Jovic explained that Kadijevic was
appointed to his post, with the consent of all 6 republics and both provinces
by the SFRY assembly. Jovic also explained that the SFRY assembly had the
right to remove Kadijevic if it had wanted to.
What?s more Jovic described Milosevic and Kadijevic?s relationship as "tolerant."
According to Jovic the two didn?t particularly like each other or get on
very well with one another. Jovic said that Kadijevic wanted to overthrow
the secessionist governments in Zagreb and Ljubljana, where as Milosevic
only wanted to ensure the protection of those citizens who did not wish
to leave Yugoslavia.
The ?greater Serbia? question was dealt with again today, and the prosecution?s
case on this score was defeated again by its own witness.
Jovic said that no ?greater Serbia? plan had ever existed. Jovic explained
that Serbia?s position was that the SFRY should remain intact. He explained
that Serbs were living in all republics and so it was desirable from Serbia?s
point of view to preserve Yugoslavia. When it became apparent that the
SFRY could no longer exist, Jovic explained that Serbia?s position was that
equality should be ensured for the Serbian people living outside of Serbia.
Jovic confirmed that Serbia?s position was that of the SFRY presidency.
Serbia wanted to strengthen the federal institutions and build a strong
Yugoslav state.
The claim has frequently been made by Western media, and the ICTY prosecution
that Slobodan Milosevic revoked Kosovo?s autonomy. Their strategy seems
to be that if they repeat a lie long enough maybe it will become the truth.
Borislav Jovic was at the head of the commission that amended the Serbian
constitution in 1989 to limit Kosovo?s excessive level of autonomy. Kosovo?s
autonomy was not revoked by the amendments it was simply limited to a sensible
level.
Under the 1974 constitution, Serbia couldn?t enact laws or amend its constitution
unless the provinces approved it. Serbia was held hostage by its provinces.
The provinces, on the other hand, could do anything they wished and Serbia
couldn?t stop them.
The 1974 constitution conflicted with itself and with the Serbian constitution.
Article III of that constitution granted the republics (not the provinces)
the status of states within Yugoslavia. Because of the provinces? excessive
level of autonomy, the republic of Serbia was denied its rightful status
and was placed at a disadvantage to other republics within the SFRY.
Because of Kosovo?s excessive autonomy, citizens who were wronged by the
Kosovo judiciary couldn?t appeal their cases to the Serbian Supreme Court,
even though they were citizens of the Republic of Serbia. Authority began
and ended with Kosovo.
Kosovo abused its excessive autonomy. Between 1981 and 1987, more than
40,000 Serbs fled Kosovo under pressure from Albanian fascists who were
striving to create an ethnically pure Albanian Kosovo.
The situation was nonsense, and something had to be done to protect the
non-Albanian citizens in Kosovo. In 1988 Serbia appealed to the government
of the SFRY. The SFRY, with the consent of all 6 republics and both provinces
responded by amending the SFRY constitution, thereby allowing Serbia to
amend its constitution.
In 1989 Serbia amended its constitution and the amendments were adopted
with the consent of the Serbian assembly, the Vojovodina assembly, and
the Kosovo assembly. Some have said that military pressure was exerted on
the Kosovo assembly to force it to accept the amendments. Jovic denied
that this was the case. He said that the Army was only present around the
assembly to protect it from the Kosovo Albanian citizens who were demonstrating
against the acceptance of the amendments.
At this point it the 1980 and 1981 demonstrations that took place in Kosovo
were discussed. Jovic said that those demonstrations (at which people were
killed) were violent and verged on a full-blown revolt. From this history
one can clearly see that it was necessary for the army to protect the assembly
building.
Kosovo?s status was not diminished in the SFRY at all. Jovic confirmed
that in 1989 when the constitutional amendments were finalized the president
of the SFRY presidency was Sinan Hasani, a Kosovo Albanian. Hasani, along
with Ante Markovic was present at the Serbian assembly session when the
amendments were finalized and neither had any objections. Kosovo still
appointed its members to the SFRY presidency, and still had the same veto
powers in the federal assembly.
Much has also been made of the fact that the Serbian assembly dissolved
the Kosovo assembly in 1991. This was something that had to be done. Jovic
confirmed that the Kosovo assembly had voted for succession from Serbia,
which was a flagrant violation of the constitutions of both Serbia and
the SFRY. Serbia was obligated under the constitution to dissolve the Kosovo
assembly because it was acting illegally.
The bottom line is that Slobodan Milosevic did not and could not revoke
Kosovo?s autonomy. Kosovo retained its autonomous status, and Serbia?s
constitutional amendments were made in accordance with the laws of the
SFRY. None of the amendments gave Serbia any more power than any of the
other republics.
The question of the establishment of a ?Serb army? was discussed. The prosecution
has put forward the idea that Milosevic was endeavoring to create some
kind of Serb army. Jovic dismissed the idea as nonsense.
Jovic said that the idea of creating a ?Serb army? was being floated by
the opposition parties, namely the SPO and the SRS. Jovic considered that
they were floating this idea just so that they could themselves seize power.
Jovic pointed out that the SPO and the SRS both raised armed formations,
but that the SPS never raised any such formation.
Mr. Jovic also divulged some interesting information about Vuk Draskovic
today. Jovic explained that SFRY government intelligence sources had informed
him that Vuk Draskovic, Stjepan Mesic and the leadership of the Democratic
Party (DS) were all engaged in a conspiracy to topple the JNA and overthrow
the Serbian Government.
So here is Vuk Draskovic, raising an armed group, and advocating a Serbian
army, while at the same time plotting to overthrow the Serbian Government
and wreck the JNA.
Jovic stated quite clearly that Milosevic was against the formation of
any Serbian army and that Milosevic always favored a multiethnic Yugoslav
army.
It was also observed by Jovic that Draskovic cooperated with Warren Zimmerman
in order to try and find ways to overthrow Milosevic and come to power
himself.
Jovic clarified the basis of the SFRY presidency?s decision to place T.O.
weapons under JNA control. Jovic explained that Croatia and Slovenia were
illegally arming their paramilitary formations by stealing the weapons
from out of the T.O. warehouses. Therefore, it was necessary to place the
weapons under JNA control so that paramilitaries couldn?t lay their hands
on them.
Jovic and Milosevic recalled a meeting that was convened by the SFRY presidency
at which all members of the presidency, and all republican presidents were
present. The meeting was convened in order to establish the causes of the
inter-ethnic fighting in Croatia.
The meeting reached the conclusion that the problems arose because Croatia
had denied the Serbs their status as a constituent people in Croatia, even
the Croatian representatives agreed with the conclusions. Unfortunately,
according to Jovic they didn?t act on the conclusions and continued with
their violent policy of succession.
Jovic confirmed that Serbia, and Milosevic personally wanted succession
to be regulated by law in order to prevent conflicts, and the chaotic situation
which ultimately did emerge. Unfortunately, Croatia blocked the SFRY federal
assembly from passing any sort of law like that.
Jovic theorized that Croatia blocked the law because Zagreb wished to pursue
and anti-Serb policy and that a law on succession would force them to afford
equal rights to the Serbs in Croatia before they could separate from Yugoslavia.
Jovic explained the situation in Croatia. He said that already in 1990
Croatian paramilitary formations were intensively arming and threatening
the family members of JNA officers, and even killing them in some cases.
Jovic explained that after the infamous Spegelj film Tudjman had agreed
with the federal presidency decision that paramilitaries should be disarmed.
Unfortunately, Tudjman didn?t disarm the Croatian paramilitaries. On the
contrary, Jovic testified that the Croatian authorities were arming paramilitary
formations, and that they primarily gave weapons to HDZ members.
The Serbs on the other hand believed that the JNA would protect them and
they did disarm. Unfortunately, this left them open to being attacked by
the Croat paramilitaries, and they were attacked.
Unfortunately, these attacks did not result in the imposition of martial
law in Croatia, and so the Serbs reacted by spontaneously arming themselves.
Jovic explained that Croatian paramilitaries blockaded the JNA in its barracks
in violation of the Geneva agreement that had been reached with the Croatian
authorities to allow the JNA to freely leave.
Jovic used the example of Vukovar to explain how those barracks were blockaded,
how the water and electricity was cut off, how there was no food, how siege
was laid on the barracks and how JNA soldiers were being killed in the
barracks. Eventually, Jovic explained, the JNA was forced to attack the
Croat forces in order to liberate its barracks.
Jovic added an interesting detail to the tragedy of operations Storm and
Flash. Jovic said that the Z4 peace plan, which he considered to be a good
plan, was in the offing when Croatia launched its bloody offensive against
the Krajina Serbs. He said that Croatia launched its offensive before the
plan even had a chance to be discussed.
Jovic also addressed the question of Serbian aggression against Bosnia.
Jovic vehemently denied that Serbia had perpetrated any aggression against
Bosnia. Jovic confirmed Milosevic?s claim that the wars in Bosnia and Croatia
were a civil wars, and not some sort of external aggression coming from
Serbia. Jovic confirmed that the republic of Serbia did NOT send any forces
outside of Serbia?s borders.
It is also clear that the JNA waged no aggression on Bosnia. Jovic said
that the JNA was ordered to withdraw on the very day that the international
community recognized Bosnia as an independent state. Therefore, the JNA
was on its own territory and could not possibly be accused of any aggression,
since it is quite impossible to wage aggression against yourself.
Jovic explained that when the JNA withdrew from Bosnia it only withdrew
the members who were not from Bosnia. He said that the remaining soldiers,
who were in their own republic, formed their own command and were no longer
under the command of the JNA.
Jovic said that the Bosnian war was imposed upon the Serbian people, and
Jovic expressed his firm conviction that if the principle of equality that
had existed in Bosnia for the previous 50 years had been respected then
there wouldn?t have been any war in Bosnia in the first place.
Jovic confirmed again that Bosnia was a civil war and that neither Serbia
nor Yugoslavia had anything to do with it. To demonstrate this he confirmed
that at the promulgation of the 1992 FRY constitution a statement was issued
saying that the FRY had no territorial pretensions towards any of the former
Yugoslav republics.
Jovic confirmed that the war in Bosnia was started with the illegal referendum
on succession. He also added an interesting fact. Jovic said that the idea
to have this sort of referendum had come from the E.C.
Jovic confirmed that before the war, on 18 March 1992 all three sides accepted
and signed the Cutileiro peace plan. He also explained how on 25 March
1992 Alija Izetbegovic, under the influence of Warren Zimmerman, reneged
and withdrew his signature from the peace plan.
Jovic agreed with Milosevic?s observation that the Serbs acceptance of
the Cutileiro plan showed that not even the Serbs in Bosnia had any ideas
about creating any greater Serbia. The Cutileiro plan called for an independent
Bosnia divided into cantons, and the original demand of the Bosnian Serbs
had been to remain in Yugoslavia. So quite clearly we can see from their
acceptance of the plan that they had no ideas about forming any greater
Serbia. In fact the Serbs were willing to make compromises to achieve peace,
unlike Izetbegovic who said "I would sacrifice peace in order to win sovereignty
for Bosnia, but for that peace in Bosnia I would not sacrifice sovereignty."
To drive this point home President Milosevic showed Jovic a transcript
from an SFRY presidency meeting where Radovan Karadzic had been present
and had accepted that Bosnia would be an independent state, but that he
insisted on the equality for the Serb people living there.
Jovic confirmed that Serbia had 2 main goals vis-à-vis the war in Bosnia.
The primary goal was to find a way to put a stop to the war, and the secondary
goal was to get the sanctions lifted. To prove that Serbia was trying to
achieve peace it was noted by Milosevic and Jovic that Serbia supported
the Cutileiro plan in March of 1992, the Vance-Owen plan in May of 1993,
the Owen-Stoltenberg plan (a.k.a. the ?invincible plan?) in September of
1993, the European Union Action plan in December of 1993, the Contact Group
plan in July of 1994, and ultimately the Dayton peace plan in 1995.
Jovic explained how the SFRY presidency was marginalized by the international
community. When Croatia and Slovenia left Yugoslavia their members left
the collective presidency, leaving a 6 member rump presidency behind.
The presidency could still legally function with 6 members, since the full
presidency consisted of 8 members and only a majority was required to reach
decisions.
Unfortunately, the international community, according to Jovic, did not
recognize the presidency?s authority. Instead, the international community
decided to ignore the Helsinki Final Act and recognized the secessionists
as the legitimate governments, as opposed to adhering to the act which
clearly states that a state?s frontiers are inviolable.
In fact, according to Jovic all republics, except for Croatia and Slovenia,
wished to maintain the SFRY until the international community changed its
stance and advocated succession from Yugoslavia.
Jovic explained that Yugoslavia and Serbia became disillusioned when Europe
lent its support to violent succession. He said that it became obvious
that international law was being manipulated and twisted in order to serve
the interests of the great powers.
On that sad note the hearing ended. Mr. Jovic will continue his with his
cross-examination tomorrow.
=== 3 ===
MILOSEVIC ?TRIAL? SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC - PART
II
www.slobodan-milosevic.org ? November 20, 2003
Written by Andy Wilcoxson
The testimony of former SFRY presidency member Borislav Jovic was concluded
today. The majority of the first session was spent discussing various peace
initiatives, and everything basically boiled down to this. Serbia and Slobodan
Milosevic personally supported practically every peace plan to come down
the pike. Serbia and Yugoslavia?s efforts were directed towards stopping
the war and finding a just political solution to the conflicts in Croatia
and Bosnia that respected the equality of all of the parties.
To highlight Serbia?s position President Milosevic read out a statement
that the Government of Serbia issued on August 30, 1991 that said that
the Yugoslav crisis should be settled peacefully and democratically. Jovic
then confirmed that this was Serbia?s position.
Jovic said that Serbia and Milosevic?s position at the beginning of the
crisis was that all nations who wished to leave Yugoslavia should be allowed
to do so, while the nations who wished to remain in Yugoslavia should be
permitted to stay.
Simply put the right of people to remain in Yugoslavia had to be equal
to the right of people to leave Yugoslavia. To accomplish this Serbia and
the SFRY presidency endeavored to have a law on succession passed so that
succession could be regulated by the law, and conflicts could be avoided.
Unfortunately, Croatia blocked such a law from being passed in the Federal
Assembly.
Once the fighting started in Bosnia and Croatia Jovic confirmed that Milosevic?s
position was that the hostilities should immediately cease and peace negotiations
should take place on the principle of equality.
Serbia?s only goal from the outset was to find a solution that was fair
to both the Serbs and the Croats in Croatia. Jovic confirmed that everything
Serbia did in regard to Croatia was geared towards finding a solution that
was fair to both parties.
Jovic testified that neither Serbia nor Yugoslavia had any desire to conquer
any Croatian territory. Serbia and Yugoslavia?s acceptance and support
for the Vance plan proves this fact. Under the Vance plan the JNA withdrew
from Croatia, and the UN soldiers came in. If the aim of Yugoslavia had
been to conquer Croatia then certainly it wouldn?t have withdrawn its army.
Jovic considered that the primary cause of the war in Croatia was Croatia?s
decision to throw the Serbs out of the constitution, and deny them their
status as a constituent people. Croatia banned the Cyrillic alphabet, and
Tudjman had plans to ban the Serbian Orthodox Church in Croatia.
Jovic had published in his book (that has been introduced into evidence)
minutes of a meeting where Tudjman spoke in Cleveland. The meeting took
place before Tudjman came to power. At the meeting Tudjman was laying out
the HDZ?s plans for Croatia, and these plans included a ban on the Serbian
Orthodox Church and a ban on the term ?Serb?. According to Tudjman?s plans
Serbs would be called ?Orthodox Croats.?
Outlawing being a Serb in Croatia was only one part of Tudjman?s plans.
The primary aim of the HDZ, according to the minutes of the meeting was
to break Croatia away from Yugoslavia.
Jovic recounted one occasion when Franjo Tudjman accused him of instigating
a Serb rebellion in the Krajina. Jovic pointed out that the rebellion only
began after Tudjman threw the Serbs out of the constitution and banned
the Cyrillic alphabet. Therefore, it was Tudjman?s actions and not Jovic?s
that provoked the rebellion.
In response to this Milosevic asked if anybody in the Government of Serbia
had ever attempted to incite an armed rebellion by the Krajina Serbs, and
Jovic replied that such an attempt had never been made.
When the discussion turned to the Bosnian war, the Cutileiro peace plan
was discussed. Milosevic read out a quote from Cutliero where he said in
regard to the Muslim decision to withdraw from the plan that ?they have
obviously opted for war and they must bear a great responsibility.? Jovic
then confirmed that this was the reaction that was expressed at the time.
The fact that Izetbegovic renounced the peace plan, and withdrew his signature
from it before the war ever started proves that the war in Bosnia can be
attributed exclusively to him, and Cutliero?s statement bears that out.
The Cutliero plan could have stopped the war before it started, but Izetbegovic
opted for war instead of peace.
Jovic confirmed that Serbia and Milosevic personally supported the Cutliero
plan. The fact that Serbia led by Milosevic supported a peace plan that
called for an independent Bosnia proves that Serbia had no territorial
aspirations towards Bosnia whatsoever.
Jovic confirmed that Milosevic and the whole Serbian and Yugoslav leadership
condemned ethnic cleansing regardless of who was committing it, and demanded
that people engaged in such a crime be punished. Jovic also said that Milosevic
emphatically, repeatedly, and publicly condemned the shelling of Sarajevo.
Jovic confirmed that tens of thousands of Bosnian Muslim refugees sought
shelter, and were given accommodation in Serbia. From this fact alone it
is quite obvious that Serbia wasn?t engaged in any sort of genocide against
the Muslims.
President Milosevic asked if either he or the Government ever put forward
any plan or enacted any plan that sought to deny any ethnic group or minority
their equal rights, and President Milosevic specifically mentioned the
Kosovo Albanians.
Jovic responded that the policy of the Serbian Government and Slobodan
Milosevic in particular was that every citizen had to be equal regardless
of their ethnicity.
Ante Markovic was a topic of discussion. According to Jovic, Ante Markovic
was the extended arm of the U.S. Government in Yugoslavia. Jovic said that
Markovic?s goal was to topple socialism in Yugoslavia, particularly the
government of Serbia.
It turns out that Jovic wrote another book that the OTP didn?t know about.
The book ?The Dismemberment of Yugoslavia? outlined how Ante Markovic almost
single-handedly destroyed Yugoslavia?s economy. According to Jovic, no
one man did more damage to Yugoslavia than Ante Markovic.
When Ante Markovic testified he represented himself as some sort of economic
savior, but Jovic had a different story. Jovic said that Markovic conducted
his economic policy on behalf of foreign interests, with an aim to sabotage
the Serbian economy in order to topple the Serbian government.
Jovic explained how Markovic introduced a program whereby the Yugoslav
dinar was convertible at a ratio of 7 dinars for 1 deutschemark. Jovic
explained that on the basis of Markovic?s program citizens went out and
converted their savings into deutschemarks.
What happened according to Jovic was that Markovic raided the foreign exchange
reserves of the SFRY, and the citizens who had converted their money into
deutschemarks were unable to get their money back out of the banks, and
had to be issued what amounted to IOU?s by the state.
Jovic explained that Markovic used the money from the SFRY?s foreign exchange
reserves to pay Croatia?s debt. Markovic?s so-called ?economic reforms?
were a scam that increased the SFRY?s debt many fold.
The Amicus Curiae, Mr. Tapuskovic also brought up Ante Markovic. Tapuskovic
had acquired the stenogram of the 12 July 1991 presidency meeting at which
Markovic (who was the federal prime minister) was present.
From the stenogram it could be seen quite clearly that Ante Markovic, in
violation of the constitution, had in fact ordered the JNA to take over
border and customs posts on Slovenia?s external borders. It could also be
seen from the stenogram that the SFRY presidency was against this unlawful
deployment of the JNA by Markovic.
Markovic had simply taken it upon himself to issue the orders when the
SFRY presidency was on a break, and the army had executed his orders in
spite of the fact that he didn?t have the authority to issue them. This
is an important point because when Markovic testified he denied ever doing
this, but it was proven today that he did.
Earlier in the cross-examination Jovic told Milosevic about how Slovenia
had irrationally linked itself to Croatia.
Slovenia is a fairly mono-ethnic republic. All of the Slovenes pretty much
live in Slovenia, and its population is over 90% Slovene. Slovenia?s succession
from Yugoslavia should have been pretty easy. Where as Croatia?s succession
was more difficult because two ethnic groups lived there, the Serbs who
wanted to stay in Yugoslavia, and the Croats who wanted to leave Yugoslavia.
For some reason, instead of just leaving the Yugoslav federation, as it
could have easily done, Slovenia linked itself to Croatia and demanded
the disassociation of the SFRY. The question arises why was it any of Slovenia?s
business what the rest of Yugoslavia did? Slovenia wanted to leave.
Jovic theorized that Slovenia acted the way it did because it was endeavoring
to break-up Yugoslavia on behalf of foreign interests, predominantly German
and American interests.
Jovic said that Slovenia launched an unprovoked attack against the JNA.
The JNA only had 6,000 troops in Slovenia, and the Slovene paramilitary
numbered 55,000. According to Jovic Slovenia wanted to prove to the other
Yugoslav republics that it won its independence by violent armed rebellion,
and Ante Markovic?s illegal orders to the engage the JNA in Slovenia only
helped the Slovenes to more effectively create this scenario.
After Slovenia left, Croatia announced its succession. Croatia pursued
a fait accompli policy. Croatian paramilitaries attacked the JNA and blocked
it in its barracks. The Croatian idea was to achieve international recognition
first, and then deal with the Serbs later. Unfortunately, Croatia got its
wish.
At the same time as Slovenia and Croatia were engaged in violent succession
Germany was putting pressure on the EC to grant recognition to the secessionist
republics. Initially Germany was the only country in the EC that wanted
to recognize Croatia and Slovenia, but the Germans threatened to withdraw
from the EC if Slovenia and Croatia were not recognized and so the EC acquiesced
to German demands and granted recognition to Croatia and Slovenia.
According to Jovic?s book there is evidence that the Germans were endeavoring
to break-up and provoke civil-war in Yugoslavia. According to Jovic?s testimony
a video tape exists where the former Slovene assembly speaker France Bucar
can be seen discussing various ways to start a civil war in Yugoslavia
with a German spy.
Jovic said that there was also intelligence data that suggested Croatian
paramilitaries were receiving training in Germany.
According to Jovic the United States originally opposed the break-up of
Yugoslavia. However, Jovic believed that the United States was so Hell-bent
on getting rid of communism that the Americans elected to get rid of communism
in Yugoslavia by breaking-up the country, and then dealing with the individual
pieces.
Simply put, in Jovic?s estimation, the USA?s objective was to get rid of
the communists in Yugoslavia, and the method that America ultimately used
to achieve its goal was the destruction of Yugoslavia itself.
Then the cross-examination turned to personal issues regarding Milosevic,
and issues internal to the SPS, although one other important point was
raised. Jovic and Milosevic both agreed there were hundreds of newspapers,
TV stations, and radio stations operating in Serbia that were not controlled
by the government. Only the state-owned media was influenced by the state.
After President Milosevic concluded his cross-examination; the Amicus Curiae
Mr. Tapuskovic cross-examined Jovic.
As I mentioned earlier Tapuskovic had acquired the stenogram of the 12
July 1991 SFRY presidency session, when Ante Markovic is caught issuing
illegal orders to the JNA.
There were some other interesting things taking place at that same presidency
session. For example the Yugoslav Defense Minister, Veljko Kadijevic was
reporting that paramilitary formations on SFRY territory numbered approximately
200,000 men, whereas the JNA only numbered 140,000 men.
In view of this shocking information Kadijevic is asking for the JNA to
disarm these paramilitaries before what had happened in Slovenia repeats
itself elsewhere in the country.
In this stenogram it can be seen quite clearly that Stjepan Mesic opposed
the disarming of paramilitary formations. Mesic considered that the JNA
should go to its barracks, but by that time Croatian paramilitaries were
already blocking and laying siege on JNA barracks in Croatia. Mesic essentially
wanted the JNA to be prisoners.
Jovic opposed the election of Mesic to the presidency in the first place.
However, he explained that the EC prevailed upon the presidency and insisted
that they accept Mesic, even though Mesic had already stated quite clearly
that he wanted to destroy Yugoslavia.
After Mr. Tapuskovic?s cross-examination was cut off, Mr. Robinson brought
up the fact that the prosecution was seeking tender the BBC documentary
?The Death of Yugoslavia? as an exhibit. Robinson observed that Jovic had
appeared in the documentary and asked if it was an accurate documentary,
and if it accurately represented him.
Mr. Jovic gave a critique of the BBC documentary that the BBC probably
won?t use in any of its advertising. Jovic denounced the BBC program as
being ?contrived and incorrect,? and he said that the BBC took his interview
out of its proper context.
Mr. Jovic was then re-examined by Mr. Nice. Nice was obviously on a fishing
expedition. He was trying to get Jovic to say something in order to incriminate
himself. Nice was trying to lay the foundation for an indictment against
Jovic. Nice didn?t succeed, although I don?t think that will stop The Hague
?tribunal? from issuing an indictment anyway. Since when has The Hague
?tribunal? been afraid to issue unfounded indictments against Serbs?
On the bright side Nice?s failed fishing expedition did give Jovic the
chance to bring up one other additional point; Croatia and Slovenia did
not separate from Yugoslavia in accordance with the laws of Yugoslavia.
Jovic pointed out that the Constitutional Court of Yugoslavia had made
its ruling and found their succession to be in violation of the SFRY constitution.
After Nice finished the so-called ?tribunal? adjourned. It will reconvene
again on Monday.
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