Bosnia and Herzegovina: Dispute over the ban on genocide denial

Shortly before he left office, the UN envoy for Bosnia and Herzegovina passed a law making denial of the Srebrenica genocide a criminal offense. This is now causing a heated argument.

The parliament of the Republika Srpska in Banja Luka, the capital of the Serbian part of Bosnia: shoulder to shoulder, the heads of the parties represented in parliament demonstrate unity at a press conference. “The representatives of the political parties from the Republic of Srpska reject the decisions imposed by the High Representative and consider them to be unacceptable and void,” said Parliament President Nedeljko Cubrilovic. “And we are of the opinion that there is no possibility for the work of Serb representatives in the joint institutions of Bosnia and Herzegovina – in the Presidium, Parliament and the Council of Ministers.”

This politically complex country is practically blocked because the institutions depend on the consent of all representatives. With this move, the Bosnian-Serbian politicians want to force a decision by Valentin Inzko to be reversed. As the High Representative of the International Community for Bosnia and Herzegovina, the Austrian has extensive powers and can, for example, dismiss elected officials and enact laws.

Last Friday, shortly before the end of his twelve-year term, Inzko issued an amendment to the national criminal code. It concerns the Srebrenica genocide – one of the most sensitive issues in Bosnia and Herzegovina. The main point of the change in the law: the denial of war crimes, crimes against humanity and genocide will be prohibited in future.

“There is nothing to deny”

Better late than never, says the renowned lawyer and publicist Josip Muselimovic from Mostar:

It was definitely overdue. Because our political turn-necks are completely irresponsible and carry a bundle of hay in one hand and a torch in the other. They don’t seem to know that just one spark is enough and that – God forbid – what happened 25 years ago can happen again here. We have had enough time to mature politically and to say that decisions by international courts, including those of the smallest local court, must be respected

Muselimovic emphasizes that 34 international judges in twelve trials classified the 1995 mass murders in Srebrenica as genocide. There is nothing to be denied. Inzko argues in a similar way in a written declaration on his decree. The citizens of Bosnia and Herzegovina would have waited many years for their elected representatives to legislate on this very serious issue. However, all attempts to do this have been blocked.

Primarily nationalist politicians such as Milorad Dodik are meant. The party leader of the largest Bosnian-Serbian party, the SNSD, is a member of the three-member state presidency and regularly also head of state. The denial of the Srebrenica genocide is a political guideline for him and other politicians from the Republika Srpska. Dodik commented last Friday that the denial of genocide will be punishable in the future: “No genocide occurred in Srebrenica. And the fact that this story of genocide should now be dealt with in this way shows that this genocide is questionable and that now attempts are being made to force it on the Serbian people. ”

New representative facing difficult legacy

The amendment to the Code comes into force on July 28th. It was previously published on the website of the High Representative and in the Official Journal. For violations, prison sentences of six months to five years are provided. But will that also be implemented consistently? This point also preoccupies the lawyer Muselimovic: “I wonder, do we have a legal system and does this legal system have the political support to bring those who commit this crime to justice?”

Christian Schmidt will also have to deal with these questions from the beginning of August. The CSU politician replaces the Austrian Inzko as High Representative for Bosnia and Herzegovina. Schmidt is considered the choice of Berlin and Washington. Russia failed in the last few meters in the UN Security Council with a motion against his appointment.

Schmidt’s debut will not be easy, because Serbian nationalists like Dodik are already denying him his legitimacy: “We don’t want to live in a country where someone can enact a law on their website and make it come into force. The upcoming High Representative has no legitimacy and we can absolutely no longer accept a decision, from anyone, not even from him, who falsely presents himself as a High Representative. ”