kIoPted - Thursday, ]5 January2009 - Srebrenica- Po_TA(2...
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.. Document Debates:
PV 14/01/2009 CRE 14/01/2009
Select a document: : Texts tabled:
RC-B$-OO2212009
- 14
-14
Votes: ~, PV 15/01/2009 - 6.5 ~v CRE 15/01/2009 - 6.6 Explanations of votes
Texts adopted:
L!:- TA(2009)OO~
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Texts adopted
Thursday, 15 January
2009
'If 74k ij)j 37k
Final edition
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Srebrenica
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86-0022,0023,0024,0025,0026
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and 0027/2009
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~ European Parliament resolution of 15 January 2009 on Srebrenica
The European Parliament,
having regard to its resolution of 7 July 2005 on Srebrenica(1) ,
- having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, signed in Luxembourg on 16 June 2008, and the prospect of E U membership held out to all the countries of the western Balkans at the EU summit in Thessaloniki in 2003,
having regard to Rule 103(4) of its Rules of Procedure,
A whereas in July 1995 the Bosnian town of Srebrenica, which was at that time an isolated enclave proclaimed a Protected Zone by a United Nations Security Council Resolution of 16 April 1993, fell into the hands of the Serbian militias led by General Ratko Mladic and under the direction of the then President of the Republika Srpska, Radovan KaradZic, B. whereas, during several days of carnage after the fall of Srebrenica, more than 8 000 Muslim men and boys, who had sought safety in this area under the protection of the United Nations Protection Force (UNPROFOR). were summarily executed by Bosnian Serb forces commanded by General Mladic and by paramilitary units, including Serbian irregular police units which had entered Bosnian territory from Serbia; whereas nearly 25 000 women, children and elderly people were forcibly deported, making this event the biggest war crime to take place in Europe since the end of the Second World War, C. whereas this tragedy, declared an act of genocide by the International Criminal Tribunal for the Former Yugoslavia (ICTY), took place in a UN-proclaimed safe haven, and therefore stands as a symbol of the impotence of the international community to intervene in the conflict and protect the civilian population, D. whereas multiple violations of the Geneva Conventions were perpetrated by Bosnian Serb troops against Srebrenica's civilian population, including deportations of thousands of women, children and elderly people and the rape of a large number of women,
E. whereas, in spite of the enormous efforts made to date to discover and exhume mass and individual graves and identify the bodies of the victims, the searches conducted until now do not permit a complete reconstruction of the events in and around Srebrenica,
F. whereas there cannot be real peace without justice and whereas full and unrestricted cooperation with the ICTY remains a basic requirement for further continuation of the process of integration into the EU for the countries of the western Balkans, G. whereas General Radislav Krstic of the Bosnian Serb army is the first person found guilty by the ICTY of aiding and abetting the Srebrenica genocide, but whereas the most prominent indicted person, Ratko Mladic, is still at large
27.3.2010 ]5:4]
adopted - Thursday, ]5 January 2009
- Srebrenica
- P6_TA(2...
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almost fourteen years after the tragic events, and whereas it is to be welcomed that Radovan Karadz!c now has been transferred to the ICTY,
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H. whereas the institutionalisation of a day of remembranceis the best means of paying tribute to the victimsof the an" S nd : ng G'~~. m~~-~ ge to f"' ure g~ n ~'~+:~~~
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1. Commemorates and honours all the victims of the atrocities during the wars in the former Yugoslavia; expresses its condolences to and solidarity with the families of the victims, many of whom are living without final confirmation of the fate of their relatives; recognises that this continuing pain is aggravated by the failure to bring those responsible for these acts to justice; 2. Calls on the Council and the Commission to commemorate appropriately the anniversary of the Srebrenica-Potocari
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act of genocide by supporting Parliament'srecognitionof 11 July as theBalkans day of commemorationof genocide all over the EU, and to call on all the countries of the western to do the same; the Srebrenica
3. Calls for further efforts to bring the remaining fugitives to justice, expresses its full support for the valuable and difficultwork of the ICTY and stresses that bringing to justice those responsible for the massacres in and around Srebrenica is an important step towards peace and stability in the region; reiterates in that regard that increased attention needs to be paid to war crimes trials at domestic level; 4. Stresses the importance of reconciliation as part of the European integration process; emphasises the important role of religious communities, the media and the education system in this process, so that civilians of all ethnicities may overcome the tensions of the past and begin a peaceful and sincere coexistence in the interests of enduring peace, stability and economic growth; urges all countries to make further efforts to come to terms with a difficult and troubled past; 5. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Governmentand Parliament of Bosnia and Herzegovinaand its entities, and the governments and parliaments of the countries of the western Balkans.
(1) OJ C 157 E, 6.7.2006. p. 468. Last updated: 13 October 2009
Legal notice
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III
109TH CONGRESS 1ST SESSION
So RES. 134
E2q)l'essingthe sense of the Senate regarding the massacre at Srebrenica in .July 1995.
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IN THE SENATE OF THE UNITED STATES
MAY 9, ~OO5 Mr. SMITH (for himself and Mr. RIDEN) submitted the following resoluti0l1; which was referred to the Committee on Foreign Relations
RESOLUTION
Expressing the sense of the Senate reg'arding the massacre at Srebrenica in .July 1995. Whereas, in .July 1995, thousands of men and boys who had sought safety in the United Nations-designated "safe area" of Srebrenica in Bosnia and Herzegovina under the protection of the United Nations Protection Force (UNPROFOR) were massacred by Serb forces operating in that country; Whereas, beginning in April 1992, aggression and ethnic cleansing perpetrated by Bosnian Serb forces, while taking control of the surrounding territory, resulted in a massive influx of Bosniaks seeking protection in Srebrenica and its environs, which the United Nations Security Council designated a "safe area" in Security Council Resolution 819 on April 16, 1993;
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2 vVhereas the UNPROFOR presence in Srebrenica consisted of a Dutch peacekeeping battalion, with representatives of the United Nations High Commissioner for Refu.gees, the International Committee of the Red Cross, and the humanitarian medical aid agency Medecins Sans Frontiers (Doctors Without Borders) helping to provide humanitarian relief to the displaced population living in
condltlOnsof ease; massive- ovel~ci'o,vding, -aestitution~- and diS= ~
Whereas Bosnian Serb forces blockaded the enclave early in 1995, depriving the entire population of humanitarian aid and outside communication and contact, and effectively reducing the ability of the Dutch peacekeeping battalion to deter aggression or otherwise respond effectively to a deteriorating situation; Whereas, beginning on July 6, 1995, Bosnian Serb forces attacked UNPROFOR outposts, seized control of the isolated enclave, held captured Dutch soldiers hostage and, after skirmishes with local defenders, ultimately took control of the town of Srebrenica on July 11, 1995; 'Whereas an estimated one-third of the population of Srebrenica, including a relatively small number of soldiers, rnade a desperate attempt to pass through the lines of Bosnian Serb forces to the relative safety of Bosnianheld territory, but many were killed by patrols and ambushes; Whereas the remaining population sought protection with the Dutch peacekeeping battalion at its headquarters in the village of Potocari north of Srebrenica but many of these individuals were randomly seized by Bosnian Serb forces to be beaten, raped, or murdered;
.SRES 134 IS
3 Whereas Bosnian Serb forces deported women, children, and the elderly in buses, held Bosniak males over 16 years of age at collection points and sites in northeastern Bosnia and Herzegovina under their control, and then summarily murdered and buried the captives in mass graves; Whereas approximately 20 perc~entof Srebrenica's total popu_n
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more-was
murdered;
Whereas the United Nations and its member states have largely acknowledgedtheir failure to take actions and decisions that could have deterred the assault on Srebrenica and prevented the subsequent massacre, including the lengthy report issued by the Government of the Netherlands on April 10, 2002, entitled "Srebrenica, a 'safe' area-Reconstruction, background, consequences and analyses of the fall of a safe area"; "Whereas Bosnian Serb forces, hoping to conceal evidence of the massacre at Srebrenica, subsequently moved corpses from initial mass grave sites to many secondary sites scattered throughout parts of northeastern Bosnia and Herzegovina under their control; "Whereasthe massacre at Srebrenica was among the worst of many horrible atrocities to occur in the conflict in Bosnia and Herzegovina from April 1992 to November 1995, during which the policies of aggression and ethnic cleansing pursued by Bosnian Serb forces with the direct support of authorities in the Federal Republic of Yugoslavia (Serbia and Montenegro) ultimately led to the displacement of more than 2,000,000 people, an estimated 200,000 killed, tens of thousands raped or otherwise tortured and abused, and the innocent civilians of Sarajevo
.SRES 134 IS
4 and other urban centers repeatedly subjected to shelling and sniper attacks; 'Vhereas Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, done at Paris December 9, 1948, and entered into force .January 12, 1951, defines genocide as "any of the follmvingacts com--mitted--vvith. intent-tQ-destrQy:,_.m.:l.holLo:r: iILP~_.fLD.&__---------------------_._-tiona.l, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births vvithin the group; (e) forcibly transferring children of the group to another group"; Whereas, on May 25, 1993, the United Nations Security Council adopted Security Council Resolution 827, establishing the world's first internationa.l war crimes tribunal, the International Criminal Tribunal for the former Yugoslavia. (ICTY), based in The Hague, the Netherlands, and charging the ICTY with responsibility for investigating and prosecuting individuals suspected of committing war crimes, genocide, crimes against humanity, and grave breaches of the 1949 Geneva Conventions on the territory of the former Yugoslavia since 1991; Whereas numerous members of the Bosnian Serb forces and political leaders at various levels of responsibility have been indicted for gTave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, crimes against humanity, genocide, and complicity in genocide associated with the massacre at Srebrenica, some of whom have been tried and sentenced while oth.SRES 134 IS
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5 ers, including Radovan Karadzic and Ratko Mladic, remain at large; and Whereas the international community, including the United States, has continued to provide personnel and resources, inc~luding through direct military intervention, to prevent further aggression and ethnic cleansing, to negotiate and
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Framework Agreement for Peace in Bosnia and Herzegovina, initialled at Dayton, Ohio, November 21, 1995, and done at Paris December 14, 1995, including cooperation with the International Criminal Tribunal for the former Yugoslavia: Now, therefore, be it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Resolved) That it is the sense of the Senate that(1) the thousands of innocent people murdered at Srebrenica in Bosnia and Herzegovina in .July
1995, along with all individuals who were victimized during the conflict and genocide in Bosnia and Herzegovina from 1992 to 1995, should be solemnly remembered and honored; (2) the policies of aggression and ethnic cleansmg as implemented by Serb forces in Bosnia and Herzegovina from 1992 to 1995 meet the terms defining the crime of genocide in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, done at Paris December 9, 1948, and entered into force January 12, 1951; (3) foreign nationals, including United States citizens, who have risked, and in some cases lost,
.SRES 134 IS
their lives in Bosnia and Herzegovina while working toward peace should be solemnly remembered and
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honored; (4) the United Nations and its member states should accept their share of responsibility for allowjng-theSrebrenica.-ma.ssacre-and-geno.cid.e-to--GCcnr n------
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in Bosnia and Herzegovina fron1 1992 to 1995 by failing to take sufficient, decisive, and timely action, and the United Nations and its member states should constantly seek to ensure that this failure is not repeated in future crises and conflicts;
(5) it is in the national interest of the United States that those individuals who are responsible for
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
war crimes, genocide, crimes against humanity, and grave breaches of the 1949 Geneva Conventions committed in Bosnia and Herzegovina should be held accountable for their actions; (6) all persons indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) should be apprehended and transferred to The
Hague without further delay, and all countries should meet their obligations to cooperate fully ,vith the ICTY at all times; and (7) the United States should continue to support.SRES 134 IS
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7 1 2
3 4 (A) the independence and territorial rity of Bosnia and Herzegovina; (B) peace and stability in southeastern rope as a whole; and (C) the right of all people living' in south-- n _e_~~t~rXl E1JrQP~,_J:f~ga-Ti1lBE_~~LDational,_racial, ~u-
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ethnic or religious background(i) to return to their homes and enjoy
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the benefits of democratic institutions, the rule of law, and economic opportunity; and (ii) to know the fate of missing relatives and friends.
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.SRES 134 IS