- 16 Nov 2012 12:46
#14107926
Not surprising. When you're absorbed into the empire different standards apply.
http://www.bbc.co.uk/news/world-europe-20352187
A war crimes court in The Hague has overturned the convictions of two Croatian generals charged with atrocities against Serbs in the 1990s.
Appeals judges at the tribunal for the former Yugoslavia ordered the release of Ante Gotovina and Mladen Markac.
In 2011 they were sentenced to 24 years and 18 years respectively over the killing of ethnic Serbs in an offensive to retake Croatia's Krajina region.
Friday's ruling was welcomed by Croatia, but condemned in Serbia.
In Croatia's capital Zagreb, thousands of people - many dressed as war veterans - burst into applause after the verdict was announced.
In Serbia, Deputy Prime Minister Rasim Ljajic condemned the ruling, saying the tribunal had "lost all its credibility", Serbia's Beta news agency reported.
'Selective justice'
On Friday, presiding Judge Theodor Meron said the court had entered "a verdict of acquittal" for Gen Gotovina and Gen Markac, both aged 57.
The acquittal has been universally welcomed in Croatia and, equally, almost universally condemned in Serbia.
It means that no Croats from Croatia (as opposed to Croats from Bosnia-Hercegovina) have been convicted by the UN's war crimes tribunal.
For Croats, this vindicates their belief that their generals are heroes and not war criminals; and for Serbs it consolidates a deeply held belief that the tribunal is a kanagaroo court whose main aim was to vilify and convict Serbs.
The core of the case was that the generals were part of a conspiracy, a "joint criminal enterprise" along with late Croatian President Franjo Tudjman to "permanently remove" the Serbs from what was then their self-proclaimed breakaway state in Croatia.
In simple language, they were accused of a plot to ethnically cleanse the region and up to 200,000 did indeed flee or were ethnically cleansed.
The appeal reverses that finding and hence says that there was no joint criminal enterprise.
The fact that crimes were committed during the Croatian retaking of Krajina is not contested and there have been convictions in the Croatian courts for this.
But the core of the matter today is that the tribunal in The Hague is saying that there was no over-arching plan to, in effect, commit war crimes.
Last years the two men were convicted of murder, persecution and plunder.
Judges at the time ruled that they were part of a criminal conspiracy led by late Croatian President Franjo Tudjman to "permanently and forcibly remove" the Serb civilian population from Krajina.
But on Friday, Judge Meron said there had been no such conspiracy.
The appeals judges also said the 2011 trial chamber had "erred in finding that artillery attacks" ordered by Gen Gotovina and Gen Markac on Krajina towns "were unlawful".
The two former generals have always argued that they did not deliberately attack civilians.
Court officials also said prosecutors would not appeal against the ruling, describing it as "the final judgement".
Neither defendant showed emotion in court, but their supporters in the gallery hugged each other and clapped after the verdict.
In Zagreb's main square, thousands of people - who watched the proceedings live on giant TV - burst into applause.
"Our generals are heroes because they risked their lives to save our country and liberate the people," student Andjela Anic, 26, was quoted as saying by the AFP.
On Thursday, candle-lit vigils were held in Zagreb and Catholic churches around the country as war veterans and bishops asked supporters to "raise their voices against injustice".
In Belgrade, Mr Ljajic said the appeals decision was "proof of selective justice which is worse than any injustice".
He added that it was "a move backwards and the public opinion of the tribunal (in Serbia) will be worse than it already is".
Gen Gotovina and Gen Markac were last year convicted over the Croatian offensive in Krajina, which had been under Serbian control since the start of the war in 1991.
About 200,000 ethnic Serbs were driven from Croatia in 1995 and at least 150 were killed in a military offensive in Krajina known as Operation Storm.
The operation to retake the region was ordered by Mr Tudjman. The Croatian leader died in 1999 while under investigation by The Hague tribunal.
The aftermath of the war is a key issue both in Croatia's domestic politics and its external relations.
The European Union made it clear to former Yugoslav republics that they will not be considered for membership until war criminals were brought to justice.
Croatia is expected to join the EU in July 2013.
http://www.bbc.co.uk/news/world-europe-20352187