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La tardiva condanna di Gotovina e Markac

Dopo quasi 20 anni dai fatti, quando oramai il "nuovo ordine" nazionalista e imperialista nei Balcani è stato realizzato, al "Tribunale ad hoc" dell'Aia è consentito di emettere una prima condanna per alcuni dei responsabili della pulizia etnica" delle Krajine e della Slavonia... E qualcuno accenna alle complicità degli USA e della Francia nei crimini commessi per imporre lo squartamento della Jugoslavia. Meglio tardi che mai: purché nessuno si illuda che questo ordine, basato stragi e ingiustizie, sia definitivo. (IS)

1) Croatian conviction casts light on US responsibility for war crimes
(Paul Mitchell / WSWS / 22 April 2011)

2) Gotovina Convicted of War Crimes
(Rachel Irwin / IWPR / 15 Apr 11)

3) 24 anni ad Ante Gotovina
(Luka Zanoni / OdB / 15 aprile 2011)


LINKS:

TPI : Ante Gotovina, criminel de guerre et « ami de la France »
Le général croate Ante Gotovina a été condamné le 15 avril 2011 à 24 années de prison par le TPIY pour crimes de guerre et crimes contre l’humanité. Il a commencé sa carrière militaire dans les rangs de Légion étrangère française. Après la quille, il a collé des affiches pour le Front national, joué les gros bras pour des agences de sécurité proche du SAC de Pasqua. Il a aussi dévalisé une bijouterie de la place Vendôme, à Paris... Mais il est toujours resté un « ami de la France », ce qui lui a valu la protection de la DGSE durant sa longue cavale. Au mépris de la collaboration pleine et entière des Balkans avec le TPIY exigée par l’UE...

I numerosi commenti alla notizia sul sito OdB

La scheda del caso Gotovina-Čermak-Markač sul sito del TPI

I video del processo sulla pagina Youtube del TPI


=== 1 ===


Croatian conviction casts light on US responsibility for war crimes


By Paul Mitchell 
22 April 2011


Last week, the International Criminal Tribunal for Yugoslavia in the Hague found two Croatian military leaders, General Ante Gotovina and Assistant Interior Minister Mladen Markac, guilty of war crimes and sentenced them to 24 years and 18 years imprisonment, respectively. A third defendant, Ivan Cermak, was acquitted.

Gotovina and Marcak were accused of taking part in a “joint criminal enterprise”, the purpose of which was “the permanent removal” of the Serb population of the Krajina region of Croatia during the August 1995 Operation Storm military offensive, which broke a United Nations-monitored cease-fire.

Their crimes, involving “deportation and forcible transfer, plunder of public and private property, wanton destruction, murder, inhumane acts and cruel treatment”, led to the deaths of up to 2,200 people, half of them civilians, and the creation of 200,000 Serb refugees.

Tens of thousands have demonstrated in the Croatian capital Zagreb since Gotovina was convicted with banners proclaiming him a hero for his role in the “Homeland War”, which erupted soon after Croatia declared independence from Yugoslavia in June 1991. German imperialism, anxious to flex its political muscles after reunification, had promoted Croat secession and rushed to extend recognition. While both the US and the other Western European powers initially opposed recognition, they ultimately accepted Germany’s position.

Warnings that civil war would result were dismissed. Within months Serbs, who dominated the west of Croatia, declared an independent Serb Republic of Krajina (RSK), splitting the country in two. Operation Storm was designed to bring the region back under Croat control.

The conviction of Gotovina and Markac casts further light on the role of the US government in Operation Storm and its responsibility for what has been described as the biggest act of ethnic cleansing during the Balkan Wars.

During the trial, it became apparent that US officials were in constant contact with the Croatian government, encouraging the military offensive at a time when a UN cease-fire was in operation. They knew that war crimes were likely to be committed. The Clinton administration also approved the training of Croat forces, and provided intelligence and air support. No US official or politician has been placed on trial or is likely to be.

Peter Galbraith, a former senior adviser to the US Senate Foreign Relations Committee and US ambassador to Croatia from 1993 until 1998, was called at the trial as an “expert witness”. Asked to explain his comments at the time that Operation Storm could not be described as ethnic cleansing, he replied, “ethnic cleansing, as I considered it to be, involved actions to expel the population through military attacks, terror, mass rape, killings, to make sure that everybody who survived left, the burning of homes.

“Basically, ethnic cleansing was what the Serbs did. In my view, the Croatians—Croatia did not do this in Operation Storm, because when the Croatian forces arrived, the Serbs were already gone. [They had been warned to leave by the RSK government when it was clear an attack was imminent.] So you couldn’t ethnically cleanse somebody who was not there.”

He continued, “So that’s what I meant by that statement. I have to say that I, over the years, have regretted that I made it, because it was misunderstood and sort of seemed to be an apology for the Croatian military action, and that was not what was intended.”

Galbraith told the court that Croatian President Franjo Tudjman was obsessed with creating an ethnically homogeneous “Greater Croatia”. He believed the Serbs in the Krajina were too numerous and constituted a strategic threat to Croatia. Any who left (or were driven out) should not be allowed to return.

Tudjman had become the US’s closest ally in the Balkans. Galbraith said, “In the first two and a half years, I met with him very frequently; I would say several times a week, on some occasions several times a day.”

Other close contacts were Defence Minister Gojko Susak, “who I simply saw all the time”, and Foreign Minister Mate Granic, whom Galbraith saw “four or five times a week.” “We would speak on the phone all the time”, he explained.

Regular meetings were also held with Tudjman’s chief of staff, Hrvoje Sarinic, and Miro Tudjman, Tudjman’s son, who was head of the Croatian intelligence service.

Following the end of the Croat-Bosnian Muslim war in 1994, the US talked to Croatia “about becoming our partner in the peace process” and promised “the fastest possible integration into western political, economic, and security arrangements”, Galbraith explained.

In early 1995, the US was becoming exasperated with its European allies and the United Nations over their continued failure in Bosnia and perceived lack of resolve in confronting Slobodan Milosevic. Galbraith said, “I had strong disagreements with the United Nations and was very frustrated with how it was conducting itself…. [I]t was my conclusion that the UN troops there were not going to defend the [Bihac] pocket because, after all, the Dutch troops had not defended Srebrenica [leading to the massacre of 7,000 Bosnian Muslims], and the troops in Bihac were less capable.”

“If NATO wasn’t going to save Bihac, then—and Croatia was willing to undertake military action that we should not object to that military action…that was the position that my government took. As I wrote in messages, I was aware that Croatian military action to save Bihac would produce a humanitarian crisis with regard to the Krajina, but in what I called the hierarchy of evils—that humanitarian crisis clearly would rank lower than a situation in which the Bosnian Serbs took Bihac.”

The US agreed to Gotovina and the Croatian Army launching an attack along the Livno valley, knowing it was part of planned military takeover of the whole Krajina.

Galbraith said he told Tudjman that the US “was not approving of these operations in the sense of telling the Croatians to do this, but we were clearly not objecting, and in that context the fact that we were not objecting was highly significant because we and other countries had objected to any action that had expanded the war—that arguably would have expanded the war, including objecting to military action, November 10th, 1994, during a previous Bihac crisis.”

“We certainly didn’t say, don’t do it, and we didn’t say, do it,” Galbraith repeated elsewhere.

Susak told a meeting at the Ministry of Defence that included Gotovina, “The west has given a partial blessing.”

The US was giving a green light to Operation Storm, however much Galbraith tries to evade it, even though it knew that similar offensives including the Medak pocket in 1993 and in Western Slavonia in May 1995 had led to the expulsion of tens of thousands of Serbs and the indiscriminate killing of hundreds of others.

At the same time, Galbraith was meeting with Milan Babic to convince him to accept terms for peace, which he did on August 2. “I thought that there was some prospect that Babic would be able to get the parliament to agree to accept the deal that I worked out with him,” he related.

Negotiations between the two sides were also taking place in Geneva on August 3, the day before Operation Storm was launched. But it was clear from Galbraith’s testimony that the Croats were going to present an ultimatum the Serbs could not accept.

“As to the meetings in Geneva, they, the Croatians, used them as a vehicle to present their final ultimatum…. [I]t was clear to me, as it was to the other diplomats in Zagreb and I think to the broader international community, that the meeting in Geneva was just that, that it was pro forma, that it was a very dangerous situation, that Tudjman was going to outline demands that he had already stated, and that the Serbs were going to refuse them, and that that would provide the pretext for war.”

The next day, August 4, 1995, troops from Croatia and Bosnia-Herzegovina launched Operation Storm. Galbraith said he saw evidence of war crimes, the extensive and systematic destruction of Serb property and widespread killings. “I can think that they only happened because the Croatian state authorities, Tudjman and…the gang around him, wanted this to happen,” he said.

By the end of September, as the scale of the destruction and atrocities became apparent, pressure intensified for a cease-fire. However, the US continued to encourage the Croatians to advance.

Richard Holbrooke, Assistant Secretary of State for European and Eurasian Affairs and architect of the Dayton Accords that ended the Bosnian war, warned Tudjman, “You may have a cease-fire within one week or less, and I would hope that you could take Sanski Most and Prijedor and Bosanski Nova if possible before a cease-fire…. [I]f you take those three towns before a cease-fire, we can have a successful negotiation on the map. In any case, officially, the United States always says no more military action, but privately, and I cannot be quoted on this, I would urge you to consider the fact that the pressure for a cease-fire within the next week is very, very high.”

Evidence has also emerged of the role of Military Professional Resources Inc. (MPRI). The private military contractor, licenced by the US, is run by retired US generals. It started work in Croatia in January 1995, in the run-up to Operation Storm. Galbraith only referred to MPRI briefly in his testimony, but their activities have been documented in the WSWS (see “An exchange on the break-up of Yugoslavia“).

Last year, a class action suit was brought in the US by Krajina Serbs claiming MPRI trained and equipped the Croatian military for Operation Storm and designed the battle plan. The action says MPRI sought to “procure through its contacts heavy military equipment including artillery batteries and import it into Croatia; [and] arrange for Croatia to receive real-time coded and pictorial information from US reconnaissance satellites over Krajina in order for the data to be used for accuracy targeting in artillery batteries.”

“It was evident that MPRI’s acts, especially including equipping and training military forces, would run counter to UN Security Council Resolution 713 [imposing a cease-fire and arms embargo]. But because MPRI is not a state, it is not legally bound by UN resolutions. Thus MPRI could do things that the United States could not do, such as importing weapons into Croatia….”

There was evident satisfaction in the US with the progress of Operation Storm according to Galbraith, who explained, “Many people in Washington welcomed Croatia’s actions, and it was certainly welcomed…by many in the Clinton Administration for the reason that I stated, which is that it began to change the situation in Bosnia” and led to the Dayton Accords.

“The Croatian army military campaign in Bosnia, along with the military campaign by the army of the government of Bosnia and Herzegovina, along with NATO air-strikes that began at the very end of August were the three elements—decisive elements that led to the end of the Bosnia war, and it would not have been—it would not have happened if it were not for the Croatian army’s military action,” Galbraith concluded.

Now that Gotovina and Markac have been convicted of war crimes, it begs the question as to why leading figures in the Clinton administration have not been similarly indicted for their intimate role in these terrible events.



=== 2 ===


Courtside

Gotovina Convicted of War Crimes

Former Croatian army general found guilty of eight out of nine charges against him.

Croatian army general Ante Gotovina was this week convicted at the Hague tribunal of ordering unlawful and indiscriminate attacks on Serb civilians during 1995’s Operation Storm offensive and sentenced to 24 years in prison, with credit for time served.

He was also found to be responsible for the deportation of at least 20,000 Serb civilians from the Krajina region of Croatia, as well as for the murder, persecution and cruel treatment of Serb civilians. In addition, he was convicted on counts of plunder and wanton destruction.

The only count that he was acquitted of, out of a total of nine, was forcible transfer.

As the verdict was read out on April 15, Gotovina, wearing a dark suit, sat back in his chair and appeared to be listening intently but displayed little emotion. When his prison sentence was announced, some of those seated in the public gallery cried out in shock.

One of Gotovina’s co-defendants, special police commander General Mladen Markac was also convicted on eight out of the nine counts in the joint indictment. He was sentenced to 18 years in prison with credit for time served.

The third co-defendant, Knin garrison commander General Ivan Cermak, was acquitted of all charges.

Reading out the verdict to a packed courtroom and public gallery, Presiding Judge Alphons Orie noted that “the events in this case took place in the context of many years of tension between Serbs and Croats in the Krajina.

“In this regard, the parties agreed that a considerable number of crimes had been committed against Croats in the Krajina….However, this case was not about crimes happening before the indictment period.

“Nor was it about the lawfulness of resorting to and conducting war as such. This case was about whether Serb civilians in the Krajina were the targets of crimes, and whether the accused should be held criminally liable for these crimes.”

The indictment focused solely on the period before and after Operation Storm, an offensive launched by Croatian forces on August 4, 1995 to retake the Serb-controlled Krajina region.

Judge Orie said that during the offensive, Croatian forces fired “artillery projectiles” at the towns of Knin, Benkovac, Gracac and Obrovac.

“…The chamber concluded that the Croatian forces deliberately targeted in these towns not only previously identified military targets, but areas devoid of such military targets,” the judge said. “As such, the chamber found that the Croatian forces treated the towns themselves as targets for artillery fire.”

Thus, the shelling of these towns constituted an “indiscriminate…and unlawful attack on civilians and civilian objects”, he said.

The judge said that Serb civilians were already leaving these towns in large numbers by the time Serb Krajina president Milan Martic ordered an evacuation on August 4.

“The trial chamber concluded that the evacuation plans and orders of the Krajina Serb authorities had little or no influence on the departure of the Krajina Serbs,” Judge Orie said.

However, in the towns of Benkovac, Gracac, Knin and Obrovac, “the chamber concluded that the fear of violence and duress caused by the [Croatian] shelling created an environment in which those present there had no choice but to leave”.

Croatian military and special police forces also committed murder, plunder and other inhumane acts “which caused duress and fear of violence in their victims and those who witnessed them”, the judge said, adding, “These crimes added to the creation of an environment in which these persons had no choice but to leave.”

Of the Serbs who left the Krajina in August 1995, “the chamber concluded that at least 20,000 were deported”, he continued.

The judge also spoke of specific examples of murder and cruel treatment committed by Croatian forces, including one instance where they put some “textiles” under the feet of a Serb man who they had tied to a tree, and then set the material alight.

“In pain from the fire, the witness kicked the textiles away,” Judge Orie said.

In addition, he said there was evidence of a “large number” of incidents concerning plunder and destruction committed by Croatian military forces and special police.

Witnesses had testified about seeing burnt houses and also “military trucks loaded with electronic equipment and furniture leaving Knin on 6 August 1995 without being stopped at Croatian checkpoints”, the judge said.

As for Gotovina himself, judges determined he was part of a joint criminal enterprise, JCE, with other members of the Croatian political and military leadership. The aim of this JCE was the “permanent removal of the Serb civilian population from the Krajina by force or threat or force”.

On July 31, 1995, Gotovina attended a meeting with other high-ranking officials about the upcoming military operation. According to Judge Orie, during this meeting Gotovina said that a “large number of civilians are already evacuating Knin and heading towards Banja Luka and Belgrade. That means that if we continue this pressure, probably for some time to come, there won’t be so many civilians, just those who have to stay, who have no possibility of leaving”.

The judge said that the then Croatian president Franjo Tudjman “was a key member of the joint criminal enterprise.

“Tudjman intended to repopulate the Krajina with Croats and ensured that his ideas in this respect were transformed into policy and action though his powerful position as president and supreme commander of the armed forces,” Judge Orie said.

Gotovina contributed to the “planning and preparation” of Operation Storm, ordered unlawful attacks on the four previously mentioned towns, the judge said.

“Mr Gotovina failed to make a serious effort to prevent and follow up on crimes reported to have been committed by his subordinates against Krajina Serbs,” he continued.

Gotovina’s co-defendant Markac, who was in charge of the special police forces, was also found to have participated in the planning of Operation Storm and to have been a member of the JCE.

Judges found that members of the special police took part in the “destruction” of part of Gracac on August 5 and 6, and also in the looting of Krajina Serb property in Donji Lapac on August 7 and 8.

“The chamber found that Mr Markac knew about the involvement of his subordinates in the commission of these crimes, but that he did not take any steps to identify the perpetrators in order to take appropriate action against them, nor did he take any step to prevent the commission of further crimes,” Judge Orie said.

Markac also “advanced false stories” and “participated in the cover up” of crimes committed by his subordinates against Krajina Serb property.

As for Cermak, who was commander of the Knin garrison, judges found that “the evidence did not establish that Mr Cermak knew or intended that his activities contribute to any goal of populating the Krajina with Croat rather than Serbs”.

The judges found that the prosecution “did not prove its allegations that Mr Cermak permitted, minimised, denied or concealed crimes against Serbs, nor that he provided false, incomplete, or misleading information or false assurances to the international community”.

Cermak was found not guilt on all counts and will be released from the United Nations detention unit after necessary arrangements are made.

The trial began in March 2008 and heard a total of 145 witnesses. Closing arguments were held in late August 2010.

Rachel Irwin is an IWPR reporter in The Hague.


=== 3 ===


24 anni ad Ante Gotovina


Il Tribunale internazionale dell'Aja ha condannato oggi a 24 anni di reclusione Ante Gotovina, il generale croato sotto processo per crimini perpetrati durante il conflitto in ex-Jugoslavia. 18 anni ad un altro generale croato, Mladen Markač
L’ex generale dell’esercito croato Ante Gotovina accusato di crimini di guerra compiuti durante e dopo la famosa Operazione Oluja (Tempesta) dell’agosto 1995, in cui furono cacciate decine di migliaia di cittadini di nazionalità serba dalla Croazia, di cui centinaia uccisi brutalmente, è stato condannato questa mattina dal Tribunale penale internazionale per la ex Jugoslavia (TPI) a 24 anni di carcere. L’accusa avevo chiesto una condanna per 27 anni. 
Ante Gotovina è stato riconosciuto parte di una associazione criminale e dichiarato colpevole di 8 capi di imputazione relativi a crimini contro l'umanità e violazione delle leggi e delle usanze di guerra. Tra le accuse accolte dai giudici ci sono quelle di omicidio, persecuzione e deportazione. 
Il processo Gotovina era iniziato l’11 marzo 2008 ed è terminato nel settembre 2010. La sentenza di primo grado è stata letta questa mattina dal giudice Alphons Orie. Ante Gotovina era stato arrestato il 7 dicembre 2005 sull’isola di Tenerife (Canarie) dopo quattro anni di latitanza, l’accusa contro di lui era stata sollevata nel 2001 e rivista con aggiunte nel 2004.
Sul banco degli imputati sono comparsi insieme a Gotovina altri due ex generali croati Mladen Markač e Ivan Čermak. L’accusa aveva richiesto la condanna a 23 per Markač e 17 per Čermak. Quest’ultimo è stato assolto da tutti i capi d’accusa, mentre Mladen Markač è stato condannato a 18 anni di reclusione.
Questa sentenza avrà sicuramente riflessi sulla politica e sulla società croata. Se la maggior parte della popolazione croata sostiene i processi per crimini di guerra, la percentuale scende precipitosamente se in questione ci sono i cosiddetti eroi della “guerra patriottica” come viene definita in Croazia la guerra degli anni ‘90.
È difficile per una parte dell'opinione pubblica croata accettare il concetto di guerra patriottica e il fatto che nella stessa siano stati commessi crimini contro l’umanità. Questa sentenza potrebbe facilmente innescare un sentimento anti europeo, influendo sul referendum cui è chiamata la Croazia il prossimo autunno per decidere l’ingresso nell’Ue. Ma potrebbe avere ripercussioni anche sulla politica interna, penalizzando l’attuale leadership già traballante dopo le ripetute accuse di corruzione che hanno portato all’arresto dell’ex premier Ivo Sanader. Le elezioni sono vicine, al massimo verranno spostate ad inizio 2012, e la condanna di Gotovina potrebbe giocare un ruolo nel rafforzamento di formazioni politiche di estrema destra.