HDP x WHN: Oorlogstoerisme

Tourists in Auschwitz-Birkenau. Photo by Roger Cremers from his series "World War Two Today", 2016
Tourists in Auschwitz-Birkenau. Photo by Roger Cremers from his series "World War Two Today", 2016

Tourists in Auschwitz-Birkenau. Photo by Roger Cremers from his series “World War Two Today”, 2016

This event is in Dutch.

 

Aankomende maandag 23 april organiseert What is Happening Now? in samenwerking met Huis De Pinto en de Amsterdamse alumnivereniging Holocaust en Genocidestudies een thema-avond over ‘Oorlogstoerisme’.

Tijdens deze avond zullen What Is Happening Now-leden Marieke Zoodsma en Laurien Vastenhout in gesprek gaan met fotograaf Roger Cremers (Roger Cremers photography) en dr. Ido Abram. Tijdens en na het gesprek is er uiteraard ook ruimte voor vragen en discussie.

 

In Cremers’ fotoserie World War II Today staat de naoorlogse herinneringscultuur centraal en de manier waarop deze wel of niet schuurt met het hedendaags toerisme. Abram, emeritus-hoogleraar holocausteducatie, is directeur van de Stichting Leren met als persoonlijke focus het onderwerp ‘Opvoeden na Auschwitz’.

Het aantal toeristen dat beladen plekken als Auschwitz en het Anne Frankhuis bezoeken, is de laatste jaren enorm toegenomen. De manier waarop mensen met deze plekken omgaan, verandert. Objecten worden gestolen en mensen nemen selfies op plekken waar dit ongepast lijkt. In hoeverre is dit ongewenst of zelfs schadelijk? En wie bepaalt wat de juiste manier is om je op dergelijke plekken te gedragen en te herdenken? Hoe zorg je ervoor dat deze plekken geen prooi voor reisorganisaties en massatoerisme worden? Is het beleven van de geschiedenis wel zo gepast op een dergelijke locatie? Vragen zoals deze willen we aan bod laten komen tijdens deze avond.

 

zaal open 19:30 | aanvang programma 20:00
toegang gratis | reserveren via contact@huisdepinto.nl

Klik hier voor het facebookevent.

Film Review: A Good Wife – The Family Life of a War Criminal

Film poster to A Good Wife (Dobra Zena)

 

Film poster to A Good Wife (Dobra Zena)

Film poster to A Good Wife (Dobra Zena)


By Koen Kluessien and Marieke Zoodsma 

 

Perhaps one of the most disturbing (moving) images from the wars in the former Yugoslavia are those shot on the so-called Scorpion Tape. The tape is named after the paramilitary unit that produced the video, Škorpioni – who curiously named themselves after their favorite weapon, the Škorpion vz. 61 machine pistol. The Scorpions, founded in 1991, were a Serbian nationalist paramilitary group consisting of several hundred armed groups who were involved in multiple combat operations during the wars. The full-length 2-hour tape depicts the activities of the unit between 1994 and 1995, with the Trnovo murders in July 1995 as its disturbing climax. It shows how members of the unit transport six Bosniak men who were captured after the fall of Srebrenica, physically and mentally abuse them, and finally execute them. In Serbia, where a culture of denial about (Serbia’s involvement in) the war crimes is widespread, the video caused huge commotion after it was made public in 2005 during the trial of Slobodan Milošević, leading to several arrests of those Scorpion members captured on the tape.


So, one might ask, who kept the tape for all these years? Who knew about its existence and why did that person come forward with it after ten years? A Good Wife (Dobra Zena)
, one of the featured films of the Movies that Matter Film Festival 2016 and now On Tour, questions such as these are cleverly intertwined in the storyline. The film shows the family life of one of the members of the Scorpion unit, several years after the war. It is reminiscent of the ordinary life of a mobster that is told in the HBO series The Sopranos, in which the story focuses on the criminal activity of mafioso Tony Soprano but primarily aims to depict the everyday life of his family. This is also the aim of A Good Wife: instead of outlining the life of Serbian paramilitary Vlado (who even has an uncanny resemblance to Tony Soprano: fat, slightly balding, and with an appearance that breathes authority) it focuses on his wife Milena. The film asks the question what the family members of a paramilitary – or a mobster for that matter – know, and more importantly, want to know.


According to sociologist Stanley Cohen, this paradox of both knowing and not-knowing lies at the heart of the concept of denial (read here Marieke’s article on current day examples of denial and Koen’s article on genocide denial by Serbian politicians). Denial is intrinsically partial as some information is always registered. What is important is what one does with that information. Milena knows her husband was in the military during the war and we see her watching the news about the aftermath of the mass atrocities committed by Serbian units. However, she does not ask him any questions, not even when she sees him getting heavily agitated after watching a human rights activist comment on the war crimes on the television. She has a suspicion but does not have an “enquiring mind”, as Stanley Cohen would call it.


Alienation and demonization are often heard reactions to distance oneself from the cruel actions of perpetrators of mass atrocities. It is easier to see perpetrators of mass violence as intrinsically evil people. They can thereby remain the so-called “Other”; something that stands so far from us that we do not truly have to understand it. A Good Wife excellently depicts the opposite. It provides the audience with a unique insight into the ordinary life of a war criminal, when the violence is over and life turns back to “normal”. Yes, Vlado is easily annoyed, has a bad relationship with his eldest (progressive) daughter, and is still an overt believer of the nationalist Serbian cause – but furthermore comes across as the average husband. We see him buying jewelry for Milena’s birthday, sitting at the head of the dinner table, and going out together with friends. As the film progresses, however, coping techniques cannot hold back his lingering trauma and it starts to affect his family life.


The key scene in the storyline of A Good Wife is the moment when Milena finds a copy of the Scorpion tape in one of her husband’s drawers. Unaware of what the tape actually contains, she turns it on and sees her husband and his comrades commit the above-described crimes. Heavily upset she turns it off. The leading question of the film remains, now that she cannot deny the involvement of her husband in these crimes, what will she do with the evidence?

 

The actual Scorpion tape was found by Nataša Kandić, a human rights activist from Belgrade, who tracked down one of the Scorpion members that was in possession of the tape. There had been twenty copies, but when Slobodan Medić Boca (the commander of the Scorpions) realized that the images could be used against him, he ordered the destruction of the footage. However, one Scorpion who was not present at the executions and did not have good relations with his former comrades made an extra copy and hid it in Bosnia. On the same day, the tape was sent to the Special Prosecutor for War Crimes in Belgrade and to the Office of the Prosecutor at the ICTY. When the video was played in Serbia, it was the first time Serbia was confronted with a crime committed by Serb forces in Bosnia.

 

Serbian politicians later acknowledged the crime. At that point it seemed like the Serbian “state of denial” was about to change and Serbians would be ready to deal with their past. Indeed, many people still give credit to the tape for “sending shockwaves through society”. Unfortunately, the truth is slightly different. Quickly the discourse changed back to usual statements showing the unwillingness to confront the past. The taped killings were relativized by pointing out crimes committed against Serbs that were still unpunished. When asked why the video had not had more effect, Dejan Anastasijević, a journalist for the newspaper Vreme, responded: “Public opinion [has been] cemented by now – it’s been 10 years. All I can say is that the capability of the human mind of refusing to face unpleasant facts keeps on amazing me”.

 

A Good Wife depicts the family life of a war criminal as if they were your neighbors. Hopefully, it will also prove to be not only a thought provoking film filled with well-written symbolism and moving actors but also a step forward in taking down the wall of denial in Serbia.

 

 

Two Steps Forward and One Step Back – The Dynamics of Denial in Post-Milošević Serbia

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dsc03433

During the 20th anniversary of the Srebrenica genocide, Bosnian Muslim protesters held up a banner with Aleksander Vučić’s war-time statement that for every dead Serb, 100 Muslims should be killed. Photo by: Marieke Zoodsma

 

By Koen Kluessien -

 

2015 marked the 20th anniversary of the Srebrenica genocide. Every year on 11 July the massacre is commemorated as on that day the Bosnian Serb forces took over the United Nations Safe Area in Potočari. For the past decade it seemed as though Serbia was moving forward in the process of reconciliation: the former president Slobodan Milošević was transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY); the former commander of the Bosnian Serb armed forces Ratko Mladić is currently on trial at the ICTY; former president of the Republika Srpska Radovan Karadžić has received his sentence; and official apologies by the Serbian government have been made. However, many Serbian politicians still relativize the events that have taken place and deny any relation of Serbia to the massacres. After the transfer of Milošević to The Hague, war propaganda made way for denial.

 

In 2013 I was fortunate enough to briefly ask a question to former President of Serbia Boris Tadić. Even though the former president is considered to be a progressive politician, he still relativized Serbia’s responsibility for the Srebrenica genocide when he made his public apology in Sarajevo in 2004:

 

I apologize to all those who suffered from crimes committed in the name of the Serb people. However, the Serb people did not commit these crimes but rather criminal individuals. It is impossible to blame one nation for this because the same crimes had been committed against the Serbs. In this context we all need to apologize to one another, and if I need to be the first to do so here I am.

 

When I confronted Tadić with his half-hearted apology he responded by saying that he was not able to answer my question at that moment. He explained that I needed to understand that he was no ordinary man. He drew a distinction between his private and public opinions; as a former statesman he could not share his views. Tadić unintentionally pointed out why the change in political rhetoric and diplomacy since the transfer of Milošević have been so fragile. Politicians have to please both the European Union and Serbia, making public apologies a double-edged sword that always have to be followed by a ‘but’.

Although after the transfer of Milošević to the ICTY the content and tone of the rhetoric changed from the  regime’s literal denial to a more interpretive form, the denialist mechanisms remained the same. Much of the rhetoric used by the post-Milošević politicians arose from a narrative constructed and used in the eighties and nineties. The Serb politicians still used the self-fabricated national myths with a clear political goal in mind. Before and during the Milošević regime this political goal was the restructuring of Yugoslavia to benefit Serbia’s national interest. After the transfer of Milošević, Serbian politicians strived to solidify the already existing narrative. Solidifying this narrative of the regime was needed as Serbian politicians entered a political battle for the support of the people. This meant that the few liberal attempts to reform the discourse were defeated in the battle for legitimacy by a political pattern that relied on the inherited nationalism.

After the transfer of Milošević, politicians had chosen an ‘opportunistic pacification of the past’. The core of these politics was formed by the idea that the national identity and dignity of Serbia needed to be defended. When the ICTY and the EU tried to break through this strategy, they applied a policy of combining Serbia’s compliance with the tribunal to its position in international politics. There was a strong urge among Serbian politicians to play a role in international politics through European Union membership and international economic aid. However, a change in politics and ideology would not be accepted by a considerable part of the Serbian people. The government’s pragmatic reasoning behind the efforts to co-operate with the ICTY made sure that the results just barely reached the requirements of the international institutions. Moreover, with the ICTY and EU being more interested in ‘streamlined justice’ than reconciliation, both parties seemed to have reached an unspoken agreement of a mere superficial change in Serbian policy and rhetoric.

From 2008 onward it became even more clear that the prospect of EU membership was not sufficient to win the legitimacy of the people anymore, resulting in a denialist rhetoric that resembled that of the Milošević-era. Serbia’s economy had made an uneven progress since 2000, but had come to a halt when the global crisis reached Serbia in the autumn of 2008. Eventually, the combination of the economic depression, the further rise of unemployment and the lack of a resolute EU accession policy resulted in the collapse of the coalition. The leading Democratic Party lost power in the summer of 2012, making way for a more nationalistic and radical coalition. Surveys have shown that the prospect of EU membership would not guarantee the legitimacy of the people anymore as there had been a dramatic drop in the support for accession from 73 percent in November 2009 to only 41 percent in December 2012.

This drop in support for EU membership seemed to coincide with the Serbian politicians ‘falling back into old habits’. In the past decade Serbia had worked towards the European norms of accession. However, with the majority of the Serb people no longer supporting accession to the European Union and the battle for legitimacy in the minds of the politicians, the denialist narrative was starting to resemble the rhetoric of the old regime. Serbia had obtained the formal status of an EU candidate state in 2012, but with the Serbian media being manipulated by politicians, a weak judiciary, and an economic crisis rearing its head, the political change seemed to have come to a halt. The political climate seemed to become more grim. As Sonja Biserko (founder of the Helsinki Committee for Human Rights in Serbia)  stated:

 

[Current president and prime minister of Serbia] Tomislav Nikolić and Aleksander Vučić especially, it is primitive. Now this is overtaking the institutions in such a brutal way. The incompetence, the primitivism. Who is going to reset Serbia after them? I don’t know. They are a disaster, they are like the floods of Serbia.

 

The first Serbian president ever to visit the memorial site in Potočari was Boris Tadić in 2010. It took five years for another Serbian official member to attend the commemoration, Aleksander Vučić. However, when Vučić attended the ceremony his visit was overshadowed by the angry crowd pelting rocks at him. Many Bosnian Muslims had not forgotten Vučić’s war-time statement that for every dead Serb, 100 Muslims should be killed. Some people in the crowd held a banner with the quote to remind him of his past. Moreover, Russia had recently vetoed a United Nations Security Council resolution that would have described the Srebrenica massacre as a genocide. The Serbian President, Tomislav Nikolić, consequently called it a “great day” for his country.

The rhetoric of post-Milošević politicians may be a more ‘cleaned-up’ version of the nationalism from the nineties, it is still driven by a strong denialist undertone. Especially with the plummeting support for Serbia’s EU accession policy, it seems that Serbia’s path to reconciliation will remain a bumpy one for quite some time.

 

Srebrenica Remembered: 21 Years Later

Family members mourning in the compound at the Potocari Memorial Centre. Photo by: Marieke Zoodsma

 

Family members mourning in the compound at the Potocari Memorial Centre. Photo by: Marieke Zoodsma

Family members mourning in the compound at the Potocari Memorial Centre, July 2015. Photo by: Marieke Zoodsma

By Marieke Zoodsma

Yesterday, the people of Bosnia and Herzegovina and others all over the world remembered the genocide that took place in Srebrenica – a small town in Eastern Bosnia – in July 1995. As much as Srebrenica used to be famous for its thermal spa resorts in Yugoslav times, it is now known to the world as the place where one of the worst atrocities after the Second World War in the European mainland has taken place. During those dreadful days, approximately 8.000 Bosnian Muslim men and boys were systematically killed by Bosnian Serb forces in the days following the fall of Srebrenica. Under the auspices of an UN peace-force, which was there to protect the large Bosnian Muslim population that sought refuge in and around town, the troops of Ratko Mladić carefully sorted out the men from the women – the men to be executed in the nearby fields or warehouses and the women to be bussed to the Bosnian Muslim safe area around Tuzla.

 

Of the estimated 8.000 victims of the genocide, so far only 6.615 bodies have been identified and buried at the Potočari Memorial Centre. Each year new mass graves are found from which the bodies are exhumed and identified. In case of a positive identification, these victims are traditionally buried by their families during the mass funeral that is part of the commemoration on the 11th of July. This year 127 victims were brought to their final resting place. The fact that this process of searching the lost is already taking over twenty years is not only because of the time-consuming task the exhumation and identification of bodies from mass graves take, but also because many mass graves simply have not been localised yet. As I wrote before, the mass graves are a testament to the genocide that was committed in Bosnia, as well as to the failure of the authorities of the Republika Srpska, as part of their genocide denial, to reveal their location.

 

Last year, WHN-colleague Koen Kluessien and I visited the commemoration in Srebrenica – during its 20th “anniversary”.  Srebrenica and its surroundings were for a couple of days the stage of an international media circus, with the coffins of the victims and the tears of their families as perfect attributes for clean shots. During last year’s ceremony, Serbia’s Prime Minister Aleksander Vučić was chased away by a stone-throwing crowd because he – as well as many other Serbian officials – refused to acknowledge the massacre as genocide. This year, families of the victims demanded that those who deny the nature of the crime were not to be invited at the ceremony. As a result, no official from Belgrade or the Serbian part of Bosnia (Republika Srpska) came. Quarrels such as these turn the ceremony each year into a political game.

 

The events that happened in Srebrenica do not only keep a large part of the former Yugoslavia busy, but also those countries that were back then closely involved. Commemorations are being held in the United States, memorial sites are set up in the United Kingdom, law suits are started in the Netherlands against those that are deemed co-responsible, and investigations are conducted to shed more light on those crucial days in July. In March this year, the International Criminal Tribunal for the former Yugoslavia (ICTY) sentenced ‘big fish’ Radovan Karadzić to forty years’ imprisonment in Europe’s biggest war crime trial since Nuremberg. The judgement clearly states Karadzić’s direct involvement in the killings:

 

“As the President of the RS [Republika Srpska, MZ] and Supreme Commander of the VRS [Army of the Republika Srpska, MZ], the Accused was the sole person within the RS with the power to intervene to prevent the Bosnian Muslim males from being killed. Yet far from intervening to prevent the killings from taking place at all, the Accused himself ordered that the Bosnian Muslim male detainees who were then being held in Bratunac be transferred elsewhere to be killed; they were then taken to Zvornik and killed.”
Karadzić’ Judgement Summary, 24 March 2016, p. 13

 

Karadzić’s appeal is currently under the jurisdiction of the Mechanism for International Tribunals, the follow-up of both the Yugoslav and the Rwandan tribunals.

 

For the people of Srebrenica, life goes on as a divided town under poor economic and social conditions (Bosnia has one of the highest unemployment rates in the world: 42%), with many abandoned skeletons of houses of those who didn’t return. Last year, I asked a restaurant owner – who earned his year income only during the commemoration – about his thoughts on the turmoil, media circus and political games that were being played. He told me: “We can turn Srebrenica into a museum which will only be opened around the 11th of July, that’s fine. But then we have to decide that that is the course we want to take”. That is what is happening now in Srebrenica.

 

Victims and reparations at the ICC

midden logo icc

Logo of the International Criminal Court

 

By Amani Chibashimba (guest writer) -

The International Criminal Court (ICC) was created by the Rome Statute of 1998 in a way to conclude the efforts that have been made to fight international criminality since the end of the Second World War. Its creation is considered to be a success as it derived from a diplomatic agreement between States, which differs from its predecessors, the International Criminal Tribunals (for the ex-Yugoslavia and Rwanda), which were ‘imposed’ by the United Nations. The ICC has jurisdiction over the gravest breach of international law, namely the crimes of genocide, crimes against humanity and war crimes. Since it was established by an agreement between states, it does not have a police force and counts on the cooperation of member states to arrest the accused.

In its efforts to fight international criminality, the ICC has brought many new notions that are very likely to influence the development of international criminal justice and international law. The most interesting innovation though, would be the reparation for victims. This notion is framed in the Rome Statute in a very distinct way, as individuals are going to be obliged to provide reparations to victims, following their sentencing, as provided by article 75(2):

The Court may make an order directly against a convicted person specifying appropriate reparation to, or in respect of, victims, including restitution, compensation and rehabilitation

The challenges of the enforcement of the notion of reparation will be the purpose of this article. In international law, the notion of reparation is not new, but the individuation of the reparation will be quite an innovation. International law recognizes mainly the notion of reparation by states. This has been implemented in several cases, where states were to provide reparation following a judgment in which the states misdeed was proven by law. At the ICC only individuals are judged, therefore the ICC reparation will be imposed following the conviction of an accused individual. Reparation is thus linked to individual criminal liability. The first two convictions at the ICC in the cases of Lubanga (December 2014) and Katanga (May 2014) – both related to the situation in Congo – gave the ICC the opportunity to implement Article 75 for the first time.

On the 7th August 2012 Trial Chamber I of the ICC issued a decision in the case against Thomas Lubanga for the first time on the principles that would be applied to reparations for victims. Here, two challenges were already deplorable: Mr. Lubanga was declared bankrupt and individual reparation for his victims was impossible to conceive. Lubanga was convicted for conscripting and enlisting children under the age of 15 in armed groups and using them to participate actively in hostilities. He was accused to have done this in the district of Ituri, meaning we have countless potential victims from whom to draw those eligible for reparation. Since it was not possible to award individual reparation, it was decided that collective reparation should be awarded by creating activities that would be beneficial for the victims. On 3rd March 2015, the Appeal Chamber issued its final decision on this matter and decided that the Trust Fund for Victims (TFV) should present a draft for collective reparation in this case.

The Courts TFV has been involved in collective assistance projects related to child soldiers in the DRC. When the final decision will be issued, it will be most definitely drawn from those existing projects. Also for this case, since Lubanga is not financially able to provide reparation for its countless victims, the Court has decided that the TFV should be the one presenting a plan for reparation. However, we should be aware that neither the Rome Statute, nor the Rules of Procedure and Evidence (RPE), nor the TFV Regulation mention that the TFV should be a substitute body tasked to provide reparation for a convicted person declared bankrupt by the Court. Nevertheless, TFV regulation 42 states that the resources of the Trust Fund shall be for the benefit of the victims of crimes within the jurisdiction of the Court…”, this is why it was admissible for the Court to order the TFV to act as a substitute body and repair the victims of Mr. Lubanga.

On 27th August 2014, the Courts Trial Chamber II issued an order to the Registry to report on applications for reparation for the case against Germain Katanga, the second case. Unlike Lubanga, Katanga was convicted for crimes committed in a specific village (Bogoro) on a specific day (24th February 2003). Awarding reparation for this case will be dependent on those two elements. In 2003, some 364 victims were recognized to participate in the trial for the Katanga case. These are supposed to be people who have suffered acts for which Katanga was accused, meaning they have suffered from the attack which happened in the village of Bogoro in the morning of the 24th February 2003.

It is important to remember that Mr. Katanga was convicted for much less acts than he was charged. His charges included: willful killing, murder, directing an attack against a civilian population as such, destruction of property, pillage, using children under the age of 15 to participate actively in hostilities, sexual slavery, and rape. However, in his conviction, only four charges were retained: as an accessory for murder (as a crime against humanity and as a war crime), attack against a civilian population as such, destruction of enemys property, and pillaging. This means that not all the victims who participated in the proceedings as witnesses for the crimes he was charged with, will be included in the reparation process. This applies, for example, to women who were raped or enslaved following the attack of Bogoro village.

Looking at these two cases and thinking of what the reparation scheme is going to be, one can see already some challenging aspects which will come out in time of actually awarding reparations or implementing those decisions. We should keep in mind the nature of the crimes and their impact on the victims as well as the essence and meaning of the intended reparation. Despite the fact that the victims in both cases are entitled to reparation, it will be hard to apply the same rules in both situations, as the circumstances in both cases are fundamentally different. However, the reparations will depend on the same three key elements: conviction; definition of beneficiary, and applicability of the principles provided for by the Rome Statute and RPE.

Concerning the conviction in the case of Katanga, it is likely that there will be a lot of frustration as many victims will be excluded from the reparation process because the crimes for which they were victimized were not part of the conviction. It will be challenging to explain to a woman who was raped on the 24th February 2003 during the attack of Bogoro, that she is not a suitable’ victim for this case because the prosecutor did not prove his case beyond reasonable doubt. Does this mean they are not victims? How to recognize their victimhood? This is likely to influence the very essence of reparation and the perception of justice the Court has been striving for. Concerning the definition of victimwho will benefit from reparation, this will be very narrow. In the case of Katanga, only those inhabitants of Bogoro (or strangers who happened to be present there on the morning of the 24th February 2003) who suffered an injury (physical, moral or material) due to the misdeed of Mr. Katanga, shall be considered. However, proving that you were in the village that day will prove to be challenging, especially because everybody fled, some for good, some to return only after many years.

The case against Lubanga opens another practical question: who are victims? Lubanga was convicted for conscripting children in the whole district of Ituri, in which large number of people live. In addition, he committed this crime more than a decade ago, which makes it less likely for the victims to come forward now. Overall, it will be challenging to apply the principles, as laid down in the Statute and the RPE, to actual cases. With regard to, for example, the indigence of the defendants, adjustments must be made. The main reason why those rules have to be laid down is, to my opinion, to make sure that they lay down the path for the development of more adequate and inclusive principles. They should then be flexible.

The final decisions on the reparation for both cases are still pending. It will be interesting to see if there will be similarities between the two very different cases when it comes to applying those principles of reparation. We have already witnessed some of the shortcomings, namely the insolvency of the defendant, the enormous amount of destruction to be repaired, or the huge number of concerned victims. The challenge will be for the ICC to provide for a reparation scheme which will reinforce its legitimacy. Adding to its already controversial review, another failure in the form of ill-placed or unsatisfactory reparations will only serve to decrease its consideration and question its legitimacy.