Part One
[1] We take this phrase from the biographical entry for the former Washington Post reporter Michael Dobbs at the website of the United States Holocaust Memorial Museum. <http://tinyurl.com/pj98bru >
[1] Marlise Simons, “Genocide Charge Reinstated Against Wartime Leader of the Bosnian Serbs,” New York Times, July 12, 2013. <http://tinyurl.com/p4wdn2r>
[1] Dan Bilefsky and Marlise Simons, “Netherlands Held Liable for 300 Deaths in Srebrenica Massacre,” New York Times, July 17, 2014. <http://tinyurl.com/obhkorf>
[1] This is based on a Nexis database search of the New York Times carried out on June 1, 2015, for the period January 1, 1980, through May 31, 2015. Taking the Times as a proxy for the rest of the mainstream media in the English-language world, the first mention of “Srebrenica” didn’t occur until November 29, 1992: Chuck Sudetic, “After 8 Months, First Relief Reaches One Bosnian Town.” Sudetic reported on the “Thousands of Muslims” then flowing into the “Bosnian town of Srebrenica,…persons driven from nearby villages by Serbian forces.” <http://tinyurl.com/qgycxfr >
[1] This is based on a Nexis database search of the New York Times carried out on June 1, 2015, for usage of the phrase “Srebrenica massacre” during the period July 1, 1995, through May 31, 2015. See Chris Hedges, “More Expulsions by Serbian Force Reported by U.N.,” New York Times, October 1, 1995. < http://tinyurl.com/nfssvaq >
[1] Physicians for Social Responsibility (U.S.), Physicians for Global Survival (Canada), and Internationale Ärzte für die Verhütung des Atomkrieges (“International Physicians for the Prevention of Nuclear War,” Germany), Body Count: Casualty Figures after 10 Years of the “War on Terror,” Executive Summary, March, 2015, p. 15. < http://tinyurl.com/q7tf3u8 >
[1] Martin Flacker, “At Hiroshima Ceremony, A First for a U.S. Envoy,” New York Times, August 7, 2010. < http://tinyurl.com/ot9o4dq >
[1] Steven R. Weissman, “Reagan Denounces Threats to Peace in Latin America,” New York Times, December 5, 1982. < http://tinyurl.com/o5vjv6d >
[1] Christian Tomuschat et al., Guatemala: Memory of Silence: Report of the Commission for Historical Clarification (Guatemalan Commission for Historical Clarification, February, 1999). In this report, a countrywide map depicts 669 different massacre sites for 1962-1996 (pp. 83-84). No fewer than 626 of them were carried out during the “so-called scorched-earth operations” of the early 1980s (para. 86; and para. 108-123). < http://tinyurl.com/olesezf >
[1] N.A., “Top Croatian Officials say Storm was legitimate and irreproachable operation,” HINA Croatian News Agency, August 5, 2005.
[1] On the distinction between “worthy” and “unworthy” victims, see Edward S. Herman and Noam Chomsky, Manufacturing Consent: The Political Economy of the Mass Media (New York: Pantheon Books, 2nd. Ed., 2002), Ch. 2, “Worthy and Unworthy Victims,” pp. 37-86.
[1] See, e.g., Edward S. Herman and David Peterson, “The Dismantling of Yugoslavia,” Monthly Review, Vol. 59, No. 5, October, 2007. < http://tinyurl.com/o29mrdx > Also see Ana S. Trbovich, A Legal Geography of Yugoslavia’s Disintegration (New York: Oxford University Press, 2008).
[1] See Herman and Peterson, “The Dismantling of Yugoslavia,” Sect. 2, “The Role of the Serbs, Milosevic, and ‘Greater Serbia’,” pp. 9-14. < http://tinyurl.com/o29mrdx > Also see Trbovich, A Legal Geography of Yugoslavia’s Disintegration, Sect. 4.4.1, “Krajina’s Trapped Minority,” pp. 205-215; and Sect. 4.6, “The Partition of Bosnia-Herzegovina,” pp. 217-239.
[1] As best we can tell, the earliest instance in which someone accused the Bosnian Serbs of “genocide” that was reported by the Western media was on May 25, 1992, when Sarajevo’s Foreign Minister Harris Silajdzic used the term to characterize the policy and actions of the Bosnian Serbs. See Robert Powell, “Bosnian Factions Discuss Region’s Boundaries,” Reuters, May 25, 1992.
[1] UN Security Council Resolution 827 (S/RES/827), May 25, 1993. Para. 2 states that the Security Council’s “sole purpose” in establishing the ICTY is “prosecuting persons responsible for serious violations of international humanitarian law in the territory of the former Yugoslavia….” <http://tinyurl.com/nzydj5f >
[1] See Louise Arbour, The Prosecutor of the Tribunal against Slobodan Milosevic et al., Case No. IT-99-37, ICTY, May 22, 1999. < http://tinyurl.com/nfgj699 >
[1] See Michael Mandel, How America Gets Away with Murder: Illegal Wars, Collateral Damage, and Crimes Against Humanity (Ann Arbor, MI: Pluto Press, 2004), pp. 57-175.
[1] John R. Schindler, Unholy Terror: Bosnia, Al-Qa’ida, and the Rise of Global Jihad (St. Paul, MN: Zenith Press, 2007), Ch. 8, “Europe’s Afghanistan,” pp. 273-324; here pp. 280-281. Also see David Peterson, “Not-So-Strange Bedfellows,” ZCommunications, July 4, 2005. <http://tinyurl.com/q943g25 >
[1] See Philip Hammond, “Moral Combat: Advocacy Journalists and the New Humanitarianism,” in David Chandler, Ed., Rethinking Human Rights: Critical Approaches to International Politics (New York: Palgrave Macmillan, 2002), pp. 176-195.
[1] Ed Vulliamy, Seasons in Hell: Understanding Bosnia’s War (New York: St. Martin’s Press, 1994), p. xi; p. 43.
[1] LTC John E. Sray, “Selling the Bosnian Myth to America: Buyer Beware,” Foreign Military Studies Office Publications (Fort Leavenworth, KS: Department of the Army, October, 1995). <http://tinyurl.com/pvmg9n3 >
Part Two
[1] N.A., “Former Yugoslavia: ICRC steps up activities as human wave crosses Bosnia and minorities come under threat,” ICRC News Release 33, August 16, 1995. <http://tinyurl.com/nrh8868>
[1] N.A., “Former Yugoslavia: Srebrenica: help for families still awaiting news,” ICRC News Release 37, September 13, 1995. < http://tinyurl.com/npv2o9f >
[1] So-called “manner of death” is a legal designation, and includes deaths classified as resulting from natural causes, accidents, homicides, suicides, and undetermined.
[1] See, among others, Jonathan Rooper, “The Numbers Game,” in Edward S. Herman, Ed., The Srebrenica Massacre: Evidence, Context, Politics (Evergreen Park, IL: Alphabet Soup, 2011), pp. 103-154. <http://tinyurl.com/kyrfw2b> Also see Stephen Karganovic and Ljubisa Simic, Rethinking Srebrenica (New York: Unwritten History, Inc., 2013).
[1] See Ula Ilnytzky, “Report drops trade center death toll by three, to 2,749,” Associated Press, January 23, 2004. < http://tinyurl.com/qe9qnxv > Also see David Peterson, “Counting Bodies at the World Trade Center,” Rocinante, June 14, 2004. <http://tinyurl.com/pdorjb7>
[1] See Ewa Tabeau and Jakub Bijak, “War-related Deaths in the 1992-1995 Armed Conflicts in Bosnia and Herzegovina: A Critique of Previous Estimates and Recent Results,” European Journal of Population, Vol. 21, No. 2-3, June, 2005, pp. 187-215. <http://tinyurl.com/os625xx> Also see Patrick Ball et al., The Bosnian Book of the Dead: Assessment of the Database, Research and Documentation Center, Sarajevo, June 17, 2007. <http://tinyurl.com/pj9cu9p> Ball et al. estimate a total of 64,003 Bosnian Muslim deaths during the wars, 24,826 Serb, 7,598 Croat, and 468 Others. (See Table 19, “Ethnicity of Victims Reported in BBD,” p. 29.)
[1] See Diana Johnstone, Fools’ Crusade: Yugoslavia, NATO, and Western Delusions (New York: Monthly Review Press, 2002), “The Uses of Rape,” pp. 78-88. Also see Peter Brock, Media Cleansing: Dirty Reporting. Journalism and Tragedy in Yugoslavia (Los Angeles: Graphics Management Press, 2005), Ch. 5, “’Only Muslim Victims…Only Serb Perpetrators,” pp. 59-72.
[1] M. Cherif Bassiouni et al., Final Report of the Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) (S/1994/674), May 27, 1994, n. 71, p. 83. <http://tinyurl.com/ov7n8dk> As Diana Johnstone notes, “There is not the slightest reason to doubt that a large number of women were raped and otherwise abused during the Yugoslav conflicts, just as there is no reason to be surprised that the rapes were exaggerated and exploited for propaganda purposes.” (Fools’ Crusade, pp. 82-83.)
[1] “Ethnic Cleansing in Kosovo. Fact Sheet based on information from U.S. Government sources,” U.S. Department of State, April 22, 1999. < http://tinyurl.com/qdp26g9 >
[1] For the 4,000-figure, see “Statement to the Press by Carla Del Ponte” (FH/P.I.S./550-e), International Criminal Tribunal for the Former Yugoslavia, December 20, 2000, par. 16. <http://www.icty.org/sid/7793> And for the number of missing in Kosovo, see “Over 18,000 persons still missing in the Balkans,” ICRC, August 30, 2006. At the time, the ICRC listed a total of 2,284 persons as “missing” in Kosovo. < http://tinyurl.com/p4d7ptq >
[1] N.A., “European Parliament resolution of 15 January 2009 on Srebrenica” (P6_TAP(2009)0028), EUR-Lex, January 15, 2009, para. H.2; para. B.
[1] Julian Borger and Ian Traynor, “Brutality Mixed with Kindness Produces Hysteria in Srebrenica,” The Guardian, July 14, 1995.
[1] Stephen Kinzer, “Muslims Tell of Atrocities in Bosnian Town,” New York Times, July 14, 1995. < http://tinyurl.com/p9ddksl >
[1] N.A., “U.S. Official Cites Evidence of Genocide By Serbs,” Associated Press, August 1, 1995.
[1] “The situation in Croatia” (S/PV.3563), UN Security Council, August 10, 1995, p. 20. <http://tinyurl.com/oqq6cck >
[1] “The situation in the republic of Bosnia and Herzegovina” (S/PV.3564), UN Security Council, August 10, 1995, pp. 6-7. < http://tinyurl.com/npp5eq8 >
[1] “Government Reaction; President asks Clinton, Major and others to help Srebrenica,” BBC Summary of World Broadcasts, July 11, 1995.
[1] This story has been recounted in multiple places. Here we are taking it from David Harland et al., The Fall of Srebrenica (A/54/549), Report of the Secretary-General pursuant to General Assembly resolution 53/35, November 15, 1999, para. 115. <http://tinyurl.com/kkmr6b4 >
[1] Trial Transcript, Prosecutor v. Radislav Krstic, Case No. IT-98-33-T, International Criminal Tribunal for the Former Yugoslavia, April 6, 2001, p. 9532. < http://tinyurl.com/oo9uftu >
[1] Sarah E. Wagner, To Know Where He Lies: DNA Technology and the Search for Srebrenica’s Missing (Berkeley: University of California Press, 2008), p. 95.
[1] See, e.g., Adam Rosenblatt, Digging for the Disappeared: Forensic Science After Atrocity (Stanford, CA: Stanford University Press, 2015), pp. 49-50.
[1] Ibid., “Born at the Graves: A New Human Rights Movement Takes Shape,” pp. 1-37.—The obvious critical question, Born at whose graves: The graves of “worthy” or “unworthy” victims?, passes unasked.
[1] Judge Almiro Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, Case No. IT-98-33-T, International Criminal Tribunal for the Former Yugoslavia, August 2, 2001, para. 71; and para. 73. < http://tinyurl.com/lohd5hy >
[1] Ibid., para. 77.
[1] Ljubisa Simic, “An Analysis of the Srebrenica Forensic Reports Prepared by ICTY Prosecution Experts,” in Karganovic and Simic, Rethinking Srebrenica, pp. 130-167; here p. 149.
[1] Ljubisa Simic, “General Presentation and Interpretation of Srebrenica Forensic Data (Pattern of Injury Breakdown),” in Karganovic and Simic, Rethinking Srebrenica, pp. 108-129; here p. 123; and p. 126.
[1] Ibid., pp. 123-124; and pp. 127-129.
[1] Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, para. 80; and n. 166, p. 26. <http://tinyurl.com/lohd5hy >
[1] Simic, “General Presentation and Interpretation of Srebrenica Forensic Data (Pattern of Injury Breakdown),” in Karganovic and Simic, Rethinking Srebrenica, pp. 125-126.
[1] Simic, “An Analysis of the Srebrenica Forensic Reports Prepared by ICTY Prosecution Experts,” in Karganovic and Simic, Rethinking Srebrenica, pp. 164-165.
[1] N.A., “ICMP International Treaty to Come into Force,” International Commission on Missing Persons, April 10, 2015. < http://tinyurl.com/objnczm >
[1] N.A., “Srebrenica Figures as of 18 June 2015,” International Commission on Missing Persons. <http://tinyurl.com/or9whos>
[1] N.A., “DNA evidence presented at Mladic genocide trial,” Dickinson Law, July 15, 2013. <http://tinyurl.com/p9lufja >
[1] Stephen Karganovic, “An Analysis of Muslim Column Losses Attributable to Minefields, Combat Activity, and Other Causes,” in Karganovic and Simic, Rethinking Srebrenica, pp. 168-194.
[1] See Milivoje Ivanisevic, Srebrenica July 1995: In Search of Truth (Belgrade: Center for Investigating Crimes Against the Serb People, 2007), pp. 71-92.
[1] See Andy Wilcoxson, “Shroud of Secrecy Leaves Room for Doubt on Srebrenica DNA Evidence,” Srebrenica Historical Project, August 15, 2011. < http://tinyurl.com/nw62jby >
[1] See Paul C. Giannelli, “Forensic Science in the ABA Innocence Report,” Southwestern Law Review, Vol. 37, 2008, pp. 993-1007; here p. 998. < http://tinyurl.com/p5p4g4z >
[1] Jonathan Rooper, “The Numbers Game,” in Herman, Ed., The Srebrenica Massacre, pp. 103-154; here p. 139. <http://tinyurl.com/kyrfw2b>
[1] See, e.g., Spencer S. Hsu, “Federal review stalled after finding forensic errors by FBI lab unit spanned two decades,” Washington Post, July 30, 2014. < http://tinyurl.com/n75zbaw > Also see Henry Gass, “When expert testimony isn’t: Tainted evidence wreaks havoc in courts, lives,” Christian Science Monitor, May 26, 2015. < http://tinyurl.com/nf3x975 >
[1] See George Szamuely, “Securing Verdicts: The Misuse of Witness Testimony at The Hague,” in Herman, Ed., The Srebrenica Massacre, pp. 155-212. <http://tinyurl.com/kyrfw2b>
[1] Germinal Civikov, Srebrenica: The Star Witness, John Laughland, Trans. (Belgrade: Srebrenica Historical Project, 2010). < http://tinyurl.com/o22mn7e >
[1] Mandel, How America Gets Away with Murder, p. 156; and p. 159.
[1] UN. Security Council Resolution 819 (S/RES/819), April 16, 1993, para. 1-2. <http://tinyurl.com/neytwcf>
[1] For copies of the April 18 and May 8, 1993 demilitarization agreements, see Karganovic and Simic, Rethinking Srebrenica, Annex 3, pp. 288-289; and Annex 4, pp. 290-293.
[1] J.C.H. Blom et al., Srebrenica: A “safe” area—Reconstruction, background, consequences and analyses of the fall of a Safe Area, Trans. Taalcentrum – VU (Amsterdam: Netherlands Institute for War Documentation, 2002), p. 973. < http://tinyurl.com/m6gy7ag > Also see Stephen Karganovic, “Demilitarization of the UN Safe Zone of Srebrenica,” in Karganovic and Simic, Rethinking Srebrenica, pp. 53-74.
[1] On April 29, 2015, after five years of legal arguments, a Dutch appeals count finally ruled that former Dutchbat commanders could not be prosecuted for the deaths of Bosnian Muslims following the fall of Srebremcia. See Jan Hennop, “Dutch UN commanders not liable for Srebrenica: Court,” Agence France Presse, April 29, 2015. <http://tinyurl.com/p4zs9vb>
[1] Blom et al., Srebrenica, p. 966. < http://tinyurl.com/m6gy7ag >
[1] See Harland et al., The Fall of Srebrenica (A/54/549). <http://tinyurl.com/kkmr6b4 >
[1] George Bogdanich, “UN Report on Srebrenica—A Distorted Picture of Events,” in Herman, Ed., The Srebrenica Massacre, pp. 226-249; here pp. 229-230. <http://tinyurl.com/kyrfw2b>
[1] Richard Holbrooke, To End A War (New York: The Modern Library, 1998), p. 105.
[1] Milivoje Ivanisevic, Srebrenica July 1995: In Search of Truth, Institute for Research on Suffering of the Serbs, 2007, p. 4. <http://tinyurl.com/opzdpyk>
[1] For an early assessment of the violence inflicted on the Bosnian Serbs in the Srebrenica and Bratunac municipalities during the period April 1992 – April 1993, see the Annex to Dragomir Djokic, Letter dated 24 May 1993 from the Chargé d’affaires a.i. of the Permanent Mission of Yugoslavia to the United Nations addressed to the Secretary-General (A/48/177 – S/25835), June 2, 1993. <http://tinyurl.com/o6fr6wg>
[1] N.A., “Yugoslav Pathologist Presents Data on War Crimes against Serbs,” BBC Monitoring Service: Central Europe and Balkans, April 19, 1995.
[1] N.A., “Yugoslav Forensic Expert Says No Proof about Srebrenica Mass Grave,” BBC Monitoring Service: Central Europe and Balkans, July 15, 1996.
[1] Blom et al., Srebrenica, p. 2259. < http://tinyurl.com/m6gy7ag >
[1] Trial Transcript, The Prosecutor of the Tribunal Against Slobodan Milosevic, Case No. IT-02-54-T, February 12, 2004, p. 31,966. < http://tinyurl.com/owoolx4 >
[1] Bill Schiller, “Muslims’ hero vows he’ll fight to the last man,” Toronto Star, January 31, 1994, Also see John Pomfret, “Weapons, Cash and Chaos Lend Clout to Srebrenica’s Tough Guy,” Washington Post, February 16, 1994.
[1] See Judge Carmel Agius et al., Judgment, Prosecutor v. Naser Oric, Case No. IT-03-68-T, June 30, 2006. < http://tinyurl.com/p5tx4oa > Also see Judge Wolfgang Schomburg et al., Judgment on Appeal, Prosecutor v. Naser Oric, Case No. IT-03-68-A, July 3, 2008. <http://tinyurl.com/qg6o87a >
[1] Rapport d’information, de MM. René André et François Lamy, déposé le 22 novembre 2001, en application de l’article 145 du règlement, Documents d’Information de l’Assemblée Nationale.
< http://tinyurl.com/o6dqpw3 > For a transcript of Morillon’s January 25, 2001 testimony, see “Audition du général Philippe MORILLON, commandant de la FORPRONU Janury 2(octobre 1992-juillet 1993), commandant de la Force d’action rapide (1994-1996),” Voltairenet.org, November 22, 2001. < http://tinyurl.com/pghffds >
[1] See Chuck Sudetic, “Evidence in Massacre Points to Croats,” New York Times, January 25, 1992. < http://tinyurl.com/pvrgm8w> Also see Chris Hedges, “Angry Serbs Hear a New Explanation: It’s All Russia’s Fault,” New York Times, July 16, 1999. <http://tinyurl.com/pstmlv5 >
Part Three
[1] UN Security Council Resolution 827 (S/RES/827), May 25, 1993. <http://tinyurl.com/nzydj5f>
[1] Elaine Sciolino, “U.S. Names Figures It Wants Charged with War Crimes,” New York Times, December 17, 1992. < http://tinyurl.com/q3kwsf5>
[1] In Mandel, How America Gets Away with Murder, p. 126.
[1] Ibid., pp. 80-84.
[1] Ibid., pp. 125-175.
[1] John Laughland, Travesty: The Trial of Slobodan Milosevic and the Corruption of International Justice (Ann Arbor, MI: Pluto Press, 2007), p. 24.
[1] N.A., “Karadzic a Pariah, Says War Crimes Tribunal Chief,” ANP English News Bulletin, July 27, 1995.
[1] “Statement by Prosecutor Louise Arbour, Prosecutor ICTY,” Press Release JL/PIU/404-E, May 27,1999. < http://www.icty.org/sid/7764 >
[1] Judge Christopher G. Weeramantry et al., Federal Republic of Yugoslavia v. United States of America, International Court of Justice, Order of June 2, 1999, para. 19-31. <http://tinyurl.com/nghlqh9 >
[1] See Article IX, Convention on the Prevention and Punishment of the Crime of Genocide, which was adopted by the UN General Assembly on December 9, 1948, and first entered into force on January 12, 1951. < http://tinyurl.com/looz6b2 >
[1] Judge Rosalyn Higgins et al., Judgment, Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide, International Court of Justice, February 26, 2007, para. 471(1). < http://tinyurl.com/pntxdbs >
[1] See Mandel, How America Gets Away with Murder, Ch. 6, “America Gets Away With Murder,” pp. 176-206.
[1] N.A., Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia, International Criminal Tribunal for the Former Yugoslavia, January, 2000, para. 90-91. <http://www.icty.org/sid/10052>
[1] Arbour, The Prosecutor of the Tribunal Against Slobodan Milosevic et al., Schedule A through Schedule G; esp. Schedule A, “Persons Known byname Killed at Racak—15 January 1999. <http://tinyurl.com/nfgj699 >
[1] Trial Transcript, The Prosecutor of the Tribunal Against Slobodan Milosevic, Case No. IT-02-54-T, July 3, 2001, p. 4, lines 24-25. < http://tinyurl.com/orthu7r >
[1] Michael Scharf, “Indicted For War Crimes, Then What?” Washington Post, October 3, 1999. < http://tinyurl.com/o9czqbt >
[1] David Scheffer, All the Missing Souls: A Personal History of the War Crimes Tribunals (Princeton, NJ: Princeton University Press, 2011), p. 252.
[1] Hans Köchler, “Illegal Tribunal – Illegal Indictment,” International Progress Organization, May, 1999, para. 1-5. < http://tinyurl.com/oxe6vqs >
[1] Ibid., para. 12.
[1] See Judge Richard J. Goldstone, The Prosecutor of the Tribunal Against Radovan Karadzic and Ratko Mladic, Case No.IT-95-I, International Criminal Tribunal for the Former Yugoslavia, July 24, 1995. This was the first indictment ever issued by the ICTY. <http://tinyurl.com/qj5g8k3 >
[1] Judge Richard J. Goldstone, The Prosecutor of the Tribunal Against Radovan Karadzic and Ratko Mladic, International Criminal Tribunal for the Former Yugoslavia, Case No. IT-95-18-1, November 15, 1995, para. 51. < http://tinyurl.com/njoyxn7 >
[1] Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, “Srebrenica-Drina Corps,” para. 539-599; and para 688. < http://tinyurl.com/lohd5hy > And Judge Theodor Meron et al., Judgment on Appeals, Prosecutor v. Radislav Krstic, Case No. IT-98-33-A, International Criminal Tribunal for the Former Yugoslavia , April 19, 2004, para. 275. <http://tinyurl.com/lm7mpv2 >
[1] Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, para. 84. <http://tinyurl.com/lohd5hy >
[1] Ibid., para. 73; para. 71.
[1] Ibid., para. 75.
[1] See Simic, “An Analysis of the Srebrenica Forensic Reports Prepared by ICTY Prosecution Experts,” in Karganovic and Simic, Rethinking Srebrenica, pp. 130-167.
[1] Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, para. 77. <http://tinyurl.com/lohd5hy >
[1] Ibid.,para. 75.
[1] Ibid., para. 81-82.
[1] Michael Mandel, “The ICTY Calls It ‘Genocide’,” in Herman, Ed., The Srebrenica Massacre, pp. 213-225; here p. 213. <http://tinyurl.com/kyrfw2b>
[1] Rodrigues et al., Judgment, Prosecutor v. Radislav Krstic, para. 592; and para. 595. <http://tinyurl.com/lohd5hy >
[1] William A. Schabas, “Was Genocide Committed in Bosnia and Herzegovina? First Judgments of the International Criminal Tribunal for the Former Yugoslavia,” Fordham Journal of International Law, Vol. 25, No. 23, 2001-2002, p. 46.
[1] Meron et al., Judgment on Appeals, Prosecutor v. Radislav Krstic, para. 2. <http://tinyurl.com/lm7mpv2 >
[1] Ibid., para. 28.
[1] Ibid., para. 15-16, and n. 27.
[1] See George Bogdanich, “Prelude to the Capture of Srebrenica,” in Herman, Ed., The Srebrenica Massacre, pp. 39-67; esp. pp. 57-58. <http://tinyurl.com/kyrfw2b>
[1] Meron et al., Judgment on Appeals, Prosecutor v. Radislav Krstic, para. 15. <http://tinyurl.com/lm7mpv2 >
[1] Bogdanich, “Prelude to the Capture of Srebrenica,” in Herman, Ed., The Srebrenica Massacre, p. 44ff. <http://tinyurl.com/kyrfw2b>
[1] See Updated Statue of the International Criminal Tribunal for the Former Yugoslavia, Article 4, “Genocide,” pp. 5-6. < http://tinyurl.com/pd7uctd >
[1] Meron et al., Judgment on Appeals, Prosecutor v. Radislav Krstic, para. 61. <http://tinyurl.com/lm7mpv2 >
[1] Momir Nikolic, at the time the Bratunac Brigade’s Chief of Security and Intelligence, has claimed since the trial of Vidoje Blagojevic and Dragan Jokic in 2003 that on the morning of July 12, 1995, prior to the third and final meeting between Ratko Mladic and Bosnian Muslim representatives at the Hotel Fontana in Bratunac, he had a conversation with Blagojevic and Jokic: “I know what Mr. Popovic and Kosoric told me. Quite simply, the position was that all civilians would be evacuated, that the men would be detained—separated, detained, and killed.” See Nikolic’s testimony in Prosecutor v. Vidoje Blagojevic and Dragan Jokic, Case No. IT-02-60-T, International Criminal Tribunal for the Former Yugoslavia, September 22, 2003, p. 1683, lines 8-10. < http://tinyurl.com/nvwlmhf >
[1] See, e.g. Tim Fenton, “The Military Context of the Fall of Srebrenica,” in Herman, Ed., The Srebrenica Massacre, pp. 68-102. <http://tinyurl.com/kyrfw2b>
[1] Laughland, Travesty, Ch. 6, “’Just convict everyone’,” pp. 110-124; here p. 117.
[1] Judge Mohamed Shahabuddeen et al., Judgment on Appeal, Prosecutor v. Dusko Tadic, Case No. IT-94-1-A, July 15, 1999, para. 220-229; here para. 228. <http://tinyurl.com/6zn3mbp >
[1] Trial Transcript, The Prosecution of the Tribunal Against Slobodan Milosevic et al., Case Nos. 11-99-37-PT, IT-01-50-PT, and IT-01-51-I, International Criminal Tribunal for the Former Yugoslavia, December 11, 2001, p. 68, lines 6-7; and lines 14-15. <http://tinyurl.com/ne37vjw >
[1] Ibid., p. 69, lines 9-11.
[1] Ibid., p. 70, lines 12-13.
[1] Ibid., p. 71, lines 5-6; line 11.
[1] Ibid., p. 72, lines 1-8.
[1] Judge Richard May, Decision on Prosecution’s Motion for Joinder, Prosecutor v. Slobodan Milosevic, Case Nos. 11-99-37-PT, IT-01-50-PT, and IT-01-51-I, International Criminal Tribunal for the Former Yugoslavia, December 13, 2001, para. 53. <http://tinyurl.com/pc4k8l7>
[1] Trial Transcript, The Prosecution of the Tribunal Against Slobodan Milosevic et al., August 25, 2005, p. 43227, lines 15-23, emphases added. < http://tinyurl.com/pqj69qz > Also see Herman and Peterson, “The Dismantling of Yugoslavia,” Section 2, “The Role of the Serbs, Milosevic, and ‘Greater Serbia’,” pp. 9-14. < http://tinyurl.com/o29mrdx >
[1] Edward L. Greenspan, “This is a lynching,” National Post, March 13, 2002. <http://tinyurl.com/nac22e2 > Also see Edward S. Herman and David Peterson, “The New York Times on the Yugoslavia Tribunal: A Study in Total Propaganda Service,” Cold Type, 2004. <http://tinyurl.com/mxcahxj >
[1] See Dusan Janc, Update to the Summary of Forensic Evidence—Exhumation of the Graves and Surface Remains Recoveries Related to Srebrenica—January 2012 , Exhibit No. X0197186, January 13, 2012, p. 3; and Annex A, “Mass Grave Sites,” p. 4. <http://tinyurl.com/onh4wwt >
[1] Civikov, Srebrenica: The Star Witness. < http://tinyurl.com/o22mn7e >
[1] See Ivanisevic, Srebrenica July 1995, p. 4. <http://tinyurl.com/opzdpyk>
Concluding Note: The “Reconciliation” Gambit
[1] We write “prejudicial,” in the sense that what was at the time being contested among the republics, the constituent nations, and the federal authorities were the interrelated questions of whom was the subject of international law, in whom did the right to self-determination reside, and who possessed the right to secede. By ruling in effect that the SFRY no longer existed, and that the right to self-determination as well as secession belonged to a “federal unit” (i.e., the republics) rather than a “nation,” not only did the Badinter Arbitration Committee overthrow the SFRY’s 1974 Constitution, it openly took the side of the republican secessionist factions. See Alain Pellet, “The Opinions of the Badinter Arbitration Committee: A Second Breath for the Self-Determination of Peoples,” European Journal of International Law, Vol. 3, No. 1, 1992, pp. 178-185. < http://tinyurl.com/pol6hco>
[1] See, e.g., Robert M. Hayden, Blueprints for a House Divided: The Constitutional Logic of the Yugoslav Conflicts (Ann Arbor, MI: University of Michigan Press, 1999), Ch. 5, “Wishful Legality: The Badinter Committee and the Dissolution of the Bosnian State, 1990-1992,” pp. 87-98.
[1] UN Security Council Draft Resolution S/2015/508, July 8, 2015, para. 2-3. <http://tinyurl.com/pzx73ko >
[1] “The situation in Bosnia and Herzegovina” (S/PV.7481), UN Security Council, July 8, 2015, p. 6. < http://tinyurl.com/opveu6v >
[1] We doubt whether an estimate such as this exists, but we’d like to learn the number of Western celebrities who have taken the “Srebrenica tour.” See, e.g., “Hague, Jolie visit Srebrenica: actress leaves in tears,” Daljie.com, March 30, 2014. <http://tinyurl.com/nkw2we6 >
[1] See David Chandler, Bosnia: Faking Democracy After Dayton (Sterling, VA: Pluto Press, 1999); and David Chandler, Empire in Denial: The Politics of State-building (Ann Arbor, MI: Pluto Press, 2006).
[1] “Text of Clinton Remarks to the American Society of Newspaper Editors,” Associated Press, April 15, 1999. < http://tinyurl.com/nb2clcg >
[1] Michael P. Scharf, “Making a Spectacle of Himself; Milosevic Wants a Stage, Not the Right to Provide His Own Defense,” Washington Post, August 29, 2004. <http://tinyurl.com/oeqmlnv>
[1] See Herman and Peterson, “The Dismantling of Yugoslavia.” < http://tinyurl.com/o29mrdx >