scholars protest srebrenica genocide denial & condemn judge christoph flugge

8/9/2019 Scholars Protest Srebrenica Genocide Denial & Condemn Judge Christoph Flugge

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UNIVERZITET U SARAJEVUInstitut za istraivanje zloina protiv

ovjenosti i meunarodnog prava

S A R A J E V O

UNIVERSITY OF SARAJEVOInstitute for the Research of Crimes

Against Humanity and International Law

S A R A J E V O

No. 441/I-09Sarajevo, 17 July 2009

Distinguished researchers and scholars of the Holocaust, genocide and other forms of

crimes against humanity and international law,

We herewith attach the unanimously adopted the text of the message of protest from the

scientific discussion on the definition of the term genocide and its legal and political implications,that was organized and held on 17 July 2009 on the premises of the Institute for the Research of

Crimes Against Humanity and International Law of the Sarajevo University, in relation to the

negation of genocide in Bosnia and Herzegovina by Judge Christoph Flgge, a member of the

ICTY Trial Chamber in the case against Radovan Karadi.

Sincerely Yours,

D I R E C T O R

Prof. Dr. Smail eki

No. 439/I-09Sarajevo, 17 July 2009

In relation to the denial of genocide in Bosnia and Herzegovina, by Judge Christoph Flgge,

a member of the ICTY Trial Chamber III Judge, in the case against Radovan Karadi

(IT-95-5/18), the Institute for the Research of Crimes Against Humanity and International Law ofthe Sarajevo University organized on 17 July 2009 the scientific discussion on the definition of

genocide, the legal and general implications of the notion of genocide and the relevance of the

statement by Judge Flgge, which involved a number of scholars from the Sarajevo University as

well as representatives of the associations of the Genocide Victims. Following the intensive,

overall, constructive, and very fruitful scientific discussion, the participants adopted the text of an

integral message protest, which we deliver to all scholars and members of the International

Halida Nazeia 4, 71000 Sarajevo, BOSNA I HERCEGOVINA

tel: +387 (0)33 561-350, fax: +387 (0)33 561-351www.institut-genocid.ba; e-mail: [email protected] sud Sarajevo UF/I-1403/02

VAKUFSKA BANKA DD SARAJEVO 1602005500015162IDENTIFIKACIONI BR. 4200132570004

PORESKI BR. 01074940AFW2490Aeng


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Association of Genocide Scholars (IAGS) and other associations that gather the genocide scholars,different Embassies, ICTY, ICTR, International Court of Justice (ICJ), International Criminal Court

(ICC), Security Council, and General Assembly of the United Nations, Council of Europe, and

other relevant and important public, political, scientific, and cultural figures with recognizable

humane, professional, moral characters, and clear positions in their public addressing, whereas our

intention is to inform them fully and timely on the recognizable messages from the interview with

the Judge Christoph Flgge published in the magazine Spiegel International(9 July 2009), so that

all these competent subjects and authorities use their powers and influence and do not allow an

attack against the law, justice, and piety of the genocide victims in Bosnia, Rwanda, Armenia,

Cambodia, and other genocides. In other words, the only logical solution in this situation is the

resignation or removal form office of Judge Christoph Flgge because he, by direct denial of

genocide in Bosnia and Herzegovina violated fundamental postulates and norms of legal

profession: impartiality provided for in the ICTY Rules on Procedure and Evidence (Art. 14 and

15), and he also in the most direct manner manifested his determination towards the evil and

against the good, that must not be tolerated; not only in his case but rather in case of any judge of

the international court in this globally and historically important case of criminal prosecution.

PROTEST FROM THE SCIENTIFIC DISCUSSION

We have been lately, unfortunately, the witnesses of attempts to deny the genocide (against Bosniacs) in

Bosnia and Herzegovina at the end of XX century, especially the crime of genocide in the UN safe heaven Srebrenica

in July 1995, through various forms and ways of activities and behavior, both inside Bosnia and Herzegovina, but also

outside the borders of the country, involving numerous quazi-scholars, and many other holders of office in legislative,

executive and even judicial authorities, not only those from Bosnia and Herzegovina, but also some structures of

political and other authorities of Europe and the America.

The holders of thee activities (denial) are various and versatile, individuals and groups, various associations,

institutions, and others, whose interests and objectives are different and it is sometimes difficult to articulate them,detect, identify, and define them in a unique manner. We identify them as not well-intentioned, tendentious, and

counterproductive, with potentially grave, long-lasting implications for the victims of genocide, and study of genocide

and other forms of crimes against humanity and international law in general. It has been particularly worrying the

statements and attitude of genocide denial by some of the ICTY judges, who are directly a part of criminal prosecution

of crimes against humanity and international law.






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Such attitude is, among other ways, manifested through public statements, like the latest one made by Judge

Christoph Flgge in his interview given to u German magazine Spiegel International(9 July 2009), who in the most

direct manner denies genocide by stating that strictly speaking the term genocide is applicable only to

Holocaust, whereby the evidentiary procedure in the proven genocide (by ICTY, ICC, and numerous scholars), in the

UN safe heaven Srebrenica in July 1995 wonders if we need the term genocide to describe such crimes. According

to Judge Flgge, only holocaust is genocide, and only genocide is holocaust, and the term genocide should be replaced

with massive murders, which is wrong. It is a historic truth that the destruction and extermination of Jews by the

Nazis was clearly a planned, organized, targeted, and most systematic genocide committed in the human civilization,

and that destruction and extermination is the basic model of what genocide is, and essentially that it is.

Such assessment made by Judge Flgge, a member of Trial Chamber in the case against Radovan Karadi,shocked all the scholars of holocaust and genocide, particularly the victims of genocide and they may well affect all the

cases of prosecution and final judgments, giving them completely different connotations and implications from those

realistically expected.

Essentially, in the opinion of the participants in this scientific discussion, this is an utterly not well-intended,

unprofessional, and immoral statement that gives support to Radovan Karadi, thus making it the worst forgery of the

historic fact, whereas the postulates of science and scientific findings on genocide are totally ignored. At the same time,

in addition to the abovementioned Judge, there are numerous open and public significant financial funds which give

support to various associations, so-called research institutions that aim to show the aggression and genocide committed

in Bosnia and Herzegovina as a tragic accident that happened to us. In other words, they use wording to show the

aggression and genocide which do not correspond to the facts of social reality. We are also facing the commissioned

researches, publication and promotion of works and books that confirm everything we talked about earlier, and

therefore they directly negate the aggression against the Republic of Bosnia and Herzegovina and the genocide against

Bosniacs, systematically committed with the intent and in accordance with the genocidal plan in all the occupied places

and towns under siege, which was all corroborated by ample relevant evidence on systematic and continuous practice

of policy of massive murders and other forms of crimes against humanity and international law against Bosniacs in the

territory of Bosnia and Herzegovina.

Especially worrying are the statements and attitude of the part of representatives of political, legislative andexecutive authorities in Bosnia and Herzegovina and other European countries, which in their statements and behavior

transmit certain messages that not only insult the piety of victims, but they also raise the most serious concerns, because

they are based in forgeries, lies, and deception and in this way they try in the case against Radovan Karadi achieve

the final end, which is the Judgment that exonerate him from any liability for the genocide, not only in the territory of

the entire Bosnia and Herzegovina, but also in the territory of UN safe heaven Srebrenica in July 1995.






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Truthfully, the simple logic, ample and versatile most relevant and most important documentation, as well as

numerous authentic and reliable sources, the experiential knowledge of the surviving genocide victims speak in favor

that this is a genocide being the gravest form of crimes against humanity and international law. We are facing an

apparent collusion of politics and (international) judiciary, which is also confirmed in the Judgment or better to say a

political decision of ICJ in the case ofBosnia and Herzegovina v. Serbia and Montenegro, of 26 February 2007. We

wonder if this is the message to the small, weak, and unprotected that they may expect to be exterminated at the time

designated by the powerful and strong dictators. Furthermore, we also wonder if the 21 st century is the century of

democracy, human rights, and freedoms is this a new world order, in which a crime if genocide is rewarded, and the

victims are additionally and completely punished.

Honorable scholars of holocaust and genocide,the friends of justice and the biggest human and civilization values,

unconditionally devoted fighters against the worst forces of evil,

We invite you not to allow the jointly incriminated political actions become an international standard for the

institutions of justice in Europe and worldwide, that will in their name acquit or significantly lessen the Judgment for

genocide for one of the most wanted and the globally most renowned criminal, Radovan Karadi. All the genocide

victims impose the obligation upon us not to allow, in the name of future of mankind and the best human and social

values, freedoms and rights, civilization and cultural goods, and to prevent all the attempts by which the crime of

genocide is rewarded and victim continuously punished.

The participants of this discussion raise their voice against genocide, and they send a message that will,

hopefully, influence and affect the conscience and the moral of the responsible powers, so that they can save the

modern mankind and civilization, preserve the highest human values, human rights and lives of all, especially the

unprotected, small, and week. The current and future generations have to learn finally, from all the genocides

committed so far, in the interest of future of the contemporary mankind and civilization, the historic lesson on the need

to strengthen, develop, and unify all the antifascist forces, regardless of their national, ethnic, racial, religious,

ideological, or political affiliation, in the strategy of prevention and punishment of crime of genocide.

Only the scientific findings may be permanent basis for the development of our capacities for the timely

detection, identification, prevention, and punishment of crime of genocide, where the scholars of holocaust, genocide,and other forms of crimes against humanity and international law play the historic role and have the accountability. It is

the duty of the scholars and researches, as stated by the Nobel prize winner Elie Wiesel, to speak in the name of

victims, remind of their suffering and tears, and suppress the fear from oblivion.





scholars protest srebrenica genocide denial & condemn judge christoph flugge

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