Abstract
This chapter identifies an orchestrated effort in “Republika Srpska”—an entity within Bosnia and Herzegovina that was recognized by the 1995 Dayton Peace Agreement − that is designed to prevent survivors of the genocide from erecting memorials to the victims in such locations as Višegrad, Prijedor, and Foča. While memorials for victims have been prohibited, and survivors have been prevented from using the term “genocide,” memorials to the perpetrators have been installed in the center of Višegrad, and near the Trnopolje concentration camp in Prijedor Municipality. In the hills above Sarajevo, in a location from which the city’s residents were attacked during the siege, a plaque honoring indicted war criminal Ratko Mladić has been installed. Accordingly, this chapter considers the extent to which the discriminatory practices regarding memorials in Republika Srpska constitute a violation of human rights. Further, the chapter argues that, following Raphael Lemkin’s definition of genocide, the prohibitive policies in Republika Srpska with respect to memorials and commemorative practices constitute nothing less than a continuation of the genocide, a second phase of the genocide designed to ensure the permanent erasure of a world that was destroyed. These human rights violations and the continuation of the genocide are a troubling testament to the failure of the international community in Bosnia, and to the problematic legacy of the Dayton Peace Agreement.
Notes
- 1.
These abbreviated parenthetical references refer to the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the Accused in each case. Radovan Karadžić was convicted on ten of eleven counts on March 24, 2016 (ICTY/Karadžić 2016a, § 6071). The phrase that refers to the objective—“to permanently remove Bosnian Muslims and Bosnian Croats from Bosnian Serb claimed territory”—is repeated numerous times in the Judgement. The Chamber found, moreover, that “starting in October 1991, the Accused and the Bosnian Serb leadership agreed on how they would respond to the declaration of sovereignty in BiH and the measures they would take to create their own ethnically homogeneous state” (ICTY/Karadžić 2016a, § 3447, my emphasis).
- 2.
Article III of the General framework agreement for peace in Bosnia and Herzegovina names “Republika Srpska” as an “Entity” with a “boundary demarcation” (Dayton 1995).
- 3.
The letter was endorsed by a number of academics and activists, including Hariz Halilovich, Emir Ramić, and Sanja Seferović-Drnovšek. The Office of the High Representative “is an ad hoc international institution responsible for overseeing implementation of civilian aspects of the Peace Agreement ending the war in Bosnia and Herzegovina. The position of High Representative was created under the General framework agreement for peace in Bosnia and Herzegovina, usually referred to as the Dayton Peace Agreement, that was negotiated in Dayton, Ohio, and signed in Paris on December 14, 1995” (OHR 2015).
- 4.
August 6 is the day that marks the closing of the Omarska concentration camp in 1992 (Hodzic 2012).
- 5.
Personal meeting with Organization for Security and Cooperation in Europe Legal Team, Sarajevo, Bosnia and Herzegovina, March 17, 2014.
- 6.
On March 31, 2016, an ICTY Trial Chamber acquitted Vojislav Šešelj of all nine counts of his Indictment. While the Judgement Summary details inflammatory speeches—including eliminationist rhetoric—that were delivered by Šešelj, as well as crimes committed by those he recruited or inspired, the Chamber found that “the Prosecution... failed to show a causal link between Vojislav Šešelj’s speeches... and the crimes committed.” The Chamber was not able “to qualify Vojislav Šešelj’s speeches... as physical acts of incitement.” The Chamber also found that as a politician or ideologue Šešelj was not part of a Joint Criminal Enterprise, and that he had no direct military role or authority. (ICTY/Šešelj 2016b). On April 6, 2016, ICTY Chief Prosecutor Serge Brammertz announced that he would appeal the acquittal (Sekularac 2016).
- 7.
In his book Places of pain: Forced displacement, popular memory and trans-local identities in Bosnian war-torn communities, Hariz Halilovich details the “annihilation” of the community of Klotjevac and addresses the many challenges to memory, memorialization, and collective identity in the wake of the genocide and the forcible displacement of the population of Klotjevac. (Halilovich 2013, 21–54).
- 8.
The thought of the opening or restoration of a world as a matter of justice is inspired by Jean-Luc Nancy’s The Creation of the World or Globalization (2007). Nancy writes: “To create a world means: immediately, without delay, reopening each possible struggle for a world”. That struggle against “injustice” involves the “insatiable and infinitely finite exercise that is the being in act of meaning brought forth in the world [mis au monde]” (Nancy 2007, 54–55).
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Acknowledgements
My thanks to Eric Cavallero, Smail Čekić, Hariz Halilovich, Refik Hodžić, Hikmet Karčić, Peter Lippman, Sheila Magnotti, Kemal Pervanić, Satko Mujagić, Emir Ramić, Velma Sarić, Sanja Seferović-Drnovšek, Markéta Slavková, and finally, Bakira Hasečić , for their help with my research and with the preparation of this essay. An earlier version of the essay appeared in Etnické komunity—Balkánské cesty, ed. Dana Bittnerová and Mirjam Moravcová (Prague: FHS UK, 2015).
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Pettigrew, D. (2018). The Suppression of Cultural Memory and Identity in Bosnia and Herzegovina. In: Lindert, J., Marsoobian, A. (eds) Multidisciplinary Perspectives on Genocide and Memory. Springer, Cham. https://doi.org/10.1007/978-3-319-65513-0_11
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