New International Crisis Group Report on Serbia

Taking a cue from Marshall Mathers, the ICG has released a new report on Serbia entitled “Will the Real Serbia Please Stand up?”, please stand up, please stand up: (actually, I just added the second part.  Serbia is facing critical parliamentary elections in May, which were called upon the collapse of the previous coalition government as a result of Kosovo’s declaration of independence in February:  The full report is here, while the overview is below:

Europe Briefing N°49
23 April 2008

OVERVIEW

Kosovo’s independence declaration on 17 February 2008 sent shock waves through Serbia’s politics and society, polarising the former in a manner not seen since the Milosevic era. Rioting led to attacks on nine Western embassies, destruction of foreign property and massive looting. The government fell on 10 March, split over whether to pursue a nationalist or pro-Western path. Belgrade’s efforts to create a de facto partitioning of the north of Kosovo threaten the new state’s territorial integrity and challenge deployment of European Union (EU) missions there, and Serbian parliamentary and local elections on 11 May are unlikely to change the basic policy towards the new state, even in the unlikely event a pro-Western government comes to power. They may, however, well give Serbia’s nationalist parties new leverage.

The election campaign is heated. Verbal attacks have increased against opposition parties, independent media and non-governmental organisations (NGOs) that disagree with the hardline nationalist policy on Kosovo. After the polls, one of two main scenarios is likely, since no party will win enough votes to form a government alone. Nationalists from the Serb Radical Party (SRS) could form a coalition with the “People’s Bloc” led by Premier Vojislav Kostunica’s Democratic Party of Serbia (DSS) and the late dictator Slobodan Milosevic’s old Socialist Party of Serbia (SPS).

If nationalist forces win, Euro-Atlantic integration will come to a halt, and Serbia will enhance its ties with Russia. They will support a more belligerent response in Kosovo, and Kosovo Serbs’ use of low-level violence. They may encourage Republika Srpska to leave Bosnia-Herzegovina and meddle in Macedonian internal affairs. A backlash against pro-Western parties and their supporters and an increased climate of media repression can be expected. Uncertainty will lead to a fall in foreign direct investment and economic growth.

Alternatively, pro-Western forces might form a weak government, but only with the support of nationalists, such as the DSS or SPS. Serbia could then anticipate the same kind of domestic instability it experienced under the outgoing government. If the more pro-Western Democratic Party (DS) tried to chart an openly pro-EU course, it would face the type of obstruction and opposition that led to Premier Zoran Djindjic’s assassination in 2003.

At best, the EU and U.S. will have limited influence for many months, until a new government is formed, which may not be until September or later. Meanwhile, the public anger over Western support for Kosovo’s independence is such that any attempt to pressure or even induce Belgrade into more cooperation risks strengthening the nationalist vote. Brussels and Washington would be well served to lower levels of rhetorical support for the more pro-Western Democratic Party (DS) of President Boris Tadic, G17+ and the Liberal Democratic Party (LDP) and end interference in the campaign via promises of a Stabilisation and Association Agreement (SAA).

More specifically, in this pre-election period the EU and the U.S. should:

  • stop intervening directly in support of one or another political force;
  • not sign an SAA unless Serbia gives full cooperation to the International
    Criminal Tribunal for the Former Yugoslavia (ICTY); and
  • offer increased support to civil society.

Book Review: “Justice in Conflict? The ICC and Peace Processes”,

icc.jpgWe will be analyzing international law next week upon our return from spring break. The recently established International Criminal Court (ICC), an independent (i.e., it has no linkn to the United Nations, unlike the International Court of Justice–ICJ) international court located in the Hague, has in its short existence (it came into force in 2002) been the subject of heated debate between those who view it as a bold and necessary step in the fight for international justice, and those who view its powers as undermining to a dangerous degree state sovereignty.

This week’s weekly letter from the International Crisis Group (ICG) contains a book review of Nicholas Waddell and Phil Clark’s “Justice in Conflict: The ICC and Peace Processes. The author of the review, Nicholas Gronko, writes:

The International Criminal Court (ICC) is now investigating or prosecuting individuals involved in three of the most devastating conflicts in Africa – Darfur, northern Uganda and the Democratic Republic of Congo (DRC). In each case, the ICC has been forced to confront the challenges inherent in pursuing peace and justice simultaneously. What happens – and what should happen – when efforts to prosecute perpetrators of mass atrocities coincide with a peace process? What is the best approach when the price of a peace deal may be a degree of impunity for those most responsible for such abuses? One common and convenient response is to hide behind truisms and make general statements of principle to the effect that no trade-off is required because peace and justice are inextricably linked. Clearly peace and justice are complementary in that justice can deter abuses and can help make peace sustainable by addressing grievances non-violently. But good things don’t always go together, and to present peace and justice as invariably mutually reinforcing is misleading and unhelpful when the difficult reality of peacemaking often proves otherwise. We review below arguments surrounding the ICC’s impact on prospects for peace in Uganda and go on to offer some general considerations that international policymakers should heed when seeking to balance peace and justice demands.

Here is a look at the 106 (most recent count) signatories to the Statute of Rome (which established the ICC).  States in green are signatories to the statute.

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