War crimes in the Yugoslav Wars in the context of Serbian nationalism


War crimes in the Yugoslav Wars in the context of Serbian nationalism

⭐ Core Definition: War crimes in the Yugoslav Wars

The Yugoslav Wars were a series of separate but related ethnic conflicts, wars of independence and insurgencies that took place from 1991 to 2001 in what had been the Socialist Federal Republic of Yugoslavia (SFR Yugoslavia). The conflicts both led up to and resulted from the breakup of Yugoslavia, which began in mid-1991, into six independent countries matching the six entities known as republics that had previously constituted Yugoslavia: Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, Serbia, and Macedonia (now called North Macedonia). SFR Yugoslavia's constituent republics declared independence due to rising nationalism. Unresolved tensions between ethnic minorities in the new countries led to the wars. While most of the conflicts ended through peace accords that involved full international recognition of new states, they resulted in a massive number of deaths as well as severe economic damage to the region.

During the initial stages of the breakup of Yugoslavia, the Yugoslav People's Army (JNA) sought to preserve the unity of the Yugoslav nation by eradicating all nationalists in the governments of the republics. However, it increasingly came under the influence of Slobodan Milošević, whose government invoked Serbian nationalism as an ideological replacement for the weakening communist system. As a result, the JNA began to lose Slovenes, Croats, Kosovar Albanians, Bosniaks, and Macedonians, and effectively became a fighting force of only Serbs and Montenegrins. According to a 1994 report by the United Nations (UN), the Serb side did not aim to restore Yugoslavia; instead, it aimed to create a "Greater Serbia" from parts of Croatia and Bosnia. Other irredentist movements have also been brought into connection with the Yugoslav Wars, such as "Greater Albania" (from Kosovo, idea abandoned following international diplomacy) and "Greater Croatia" (from parts of Herzegovina, abandoned in 1994 with the Washington Agreement).

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War crimes in the Yugoslav Wars in the context of International criminal law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001.

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War crimes in the Yugoslav Wars in the context of International Criminal Tribunal for the former Yugoslavia

The International Criminal Tribunal for the former Yugoslavia (ICTY) was an ad hoc court of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was located in The Hague, Netherlands and operated between 1993 and 2017.

It was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It had jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence that it could impose was life imprisonment. Various countries signed agreements with the United Nations to carry out custodial sentences.

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