In anticipation of the closing of the ICTY, there has been plenty of discussion, including at EJIL: Talk! (see here), on the court’s impact in the former Yugoslavia, particularly relating to the public’s acceptance of ICTY findings and reconciliation. I’d like to contribute to this discussion with findings from the most recent public opinion survey conducted in Serbia – published in December 2017 (“Awareness of citizens of Serbia about the wars of the ‘90s, war crimes and war crimes trials” designed by the Humanitarian Law Center, commissioned by the Serbian daily Danas and conducted by Demostat – available only in Serbian here).
The latest survey mostly confirms what we already know from those previously conducted – revisionism and denialism are prevalent, and ethnic bias is entrenched – but it also provides additional information about these phenomena.
Revisionism and denialism
The latest survey confirms that there is overwhelming public distrust in the ICTY and its findings. For example, 56% of the respondents find the ICTY to be partial and biased, while only 6% believe the opposite. Almost half of the respondents consider that the ICTY didn’t contribute in any way to establishing the truth about the wars (p. 17). In line with the findings from earlier surveys, only 12% believe that what happened in Srebrenica is as established in ICTY judgments, while the ignorance pertaining to other ICTY-adjudicated crimes is even greater (e.g. regarding Ovčara 64% don’t know what happened, for the siege of Sarajevo it is 71%, for mass graves in Serbia 83%).
Serbia, through its highest officials, has a long record of refusing to accept findings made by the ICTY, particularly relating to the Srebrenica genocide. In 2015, upon Serbia’s request, Russia vetoed a Security Council resolution intending to mark the 20th anniversary of the genocide. Most recently, the Serbian Parliament amended its Criminal Code, supposedly in order to align it with the EU acquis, and criminalized the public denial of genocide but – and here’s the twist – did so only if the crime has been established by Serbian courts or the ICC. The amendment does not include the ICTY or ICJ – the only two courts which have adjudicated on the Srebrenica genocide. Read the rest of this entry…