MILOSEVIC “TRIAL” SYNOPSIS: THE CROSS-EXAMINATION OF BORISLAV JOVIC – PART I
www.slobodan-milosevic.org – November 19, 2003

Written by: Andy Wilcoxson

Prosecutor Geoffrey Nice finished the examination-in-chief of former SFRY presidency member Borislav Jovic today.

Mr. Nice had some difficulty with his witness. Mr. Jovic accused Nice of quoting excerpts from his book out of their proper context, and the examination-in-chief was frequently confrontational. At one point Mr. Nice played a video where some JNA personnel could be seen celebrating the liberation of the JNA barracks at Vukovar.

Mr. Nice asked Jovic if he knew about the celebration and when Jovic said that he didn’t, Nice asked him how, as president of the SFRY presidency, he could not know about such a celebration. Jovic explained to Nice that the JNA wasn’t micromanaged by the SFRY presidency to the point that members of the army needed the special approval of the presidency to have a meeting to congratulate one another after a successful operation.

Mr. Jovic explained to Nice that the SFRY presidency used the JNA in Croatia to protect the Serbs who were living there from the marauding Croatian paramilitaries. He explained that the SFRY presidency had no intention of overthrowing the government in Zagreb. The JNA, and the SFRY presidency’s only objective was to protect the civilian population until such time as a political solution could be reached.

Mr. Jovic explained to Nice that Ante Markovic pursued an economic policy that was contrary to Serbian interests. Markovic’s economic reforms put price caps on electricity and food to such an extent that Serbia’s two main exports, agriculture and electricity were operating at a financial loss. At the same time as Markovic was putting the screws to the Serbian economy he was freeing price controls on exports from other republics. Jovic explained that it was Markovic’s objective to topple the Serbian leadership by sabotaging the Serbian economy.

Nice asked if Jovic if he was able to disagree with Milosevic publicly. Jovic explained that they tried not to have public disagreements, but that one time they did trade public accusations over the management of the SPS.

It was apparent from Mr. Jovic’s testimony that he has a personal dislike for Slobodan Milosevic. During the examination-in-chief Mr. Jovic was frequently critical of Milosevic’s personality, he said that Milosevic chose associates who were “yes men,” and Jovic called Milosevic a clumsy leader. During cross-examination Milosevic referred to Mr. Jovic by his nickname “Bora” while Mr. Jovic only referred to Milosevic in the 3^rd person.  

In spite of Jovic’s own obvious personal dislike for Milosevic, he testified truthfully. Mr. Jovic’s testimony cleared-up a number of things.

The JNA’s chain of command was cleared up. The SFRY collective presidency commanded the JNA. The SFRY presidency would appoint and dismiss JNA Generals, and members of the General Staff. The SFRY presidency was the order issuing authority to the JNA.

The 8 member SFRY presidency was composed of 1 member from each republic and each autonomous province. The presidency decisions were made on the basis of a majority vote. If 5 members, or in some cases 6 voted for a decision to be adopted then the full force of the SFRY presidency was put behind the decision.

The JNA was issued its orders by the SFRY presidency, and the General Staff of the JNA was bound to carryout those orders and report back to the SFRY presidency. The entire SFRY presidency formed the supreme commander of the JNA, no one member, not even the president of the presidency had the ability to issued orders individually. Jovic also confirmed that none of the republic presidents had any ability to issue orders to the JNA.

It is quite clear that Slobodan Milosevic did not command the JNA. He simply had no ability to command the JNA. In fact Jovic confirmed that Milosevic was not even kept abreast of JNA activities outside of Serbia.

It has been suggested by the prosecution that Slobodan Milosevic somehow controlled the SFRY presidency. This was cleared up as well. Slobodan Milosevic, being the president of Serbia, could only influence Serbia’s member of the Presidency. The other presidency members were appointed by their respective republics and provinces. Each presidency member was bound to protect his republic or province’s interests, and each republic and province had the right to put forward anybody they wanted to for their presidency member, or replace their member if they considered that he had acted against their interest.

The presidency had 8 members and Slobodan Milosevic only had the ability to influence one of them. What is more the presidency rotated. Each republic and province took turns appointing the president of the presidency.

It is quite impossible that Slobodan Milosevic could control the SFRY presidency in any way on that basis. He had no possible way to form any sort of Serbian bloc in the SFRY presidency.

The prosecution has also put forward the thesis that the SFRY defense minister, Veljko Kadijevic, was “Milosevic’s man.” Maybe, theorizes the prosecution, Milosevic controlled the JNA by controlling Kadijevic.

This theory was put to bed today. Mr. Jovic explained that Kadijevic was appointed to his post, with the consent of all 6 republics and both provinces by the SFRY assembly. Jovic also explained that the SFRY assembly had the right to remove Kadijevic if it had wanted to.

What’s more Jovic described Milosevic and Kadijevic’s relationship as "tolerant." According to Jovic the two didn’t particularly like each other or get on very well with one another. Jovic said that Kadijevic wanted to overthrow the secessionist governments in Zagreb and Ljubljana, where as Milosevic only wanted to ensure the protection of those citizens who did not wish to leave Yugoslavia. 

The “greater Serbia” question was dealt with again today, and the prosecution’s case on this score was defeated again by its own witness.

Jovic said that no “greater Serbia” plan had ever existed. Jovic explained that Serbia’s position was that the SFRY should remain intact. He explained that Serbs were living in all republics and so it was desirable from Serbia’s point of view to preserve Yugoslavia. When it became apparent that the SFRY could no longer exist, Jovic explained that Serbia’s position was that equality should be ensured for the Serbian people living outside of Serbia.

Jovic confirmed that Serbia’s position was that of the SFRY presidency. Serbia wanted to strengthen the federal institutions and build a strong Yugoslav state.

The claim has frequently been made by Western media, and the ICTY prosecution that Slobodan Milosevic revoked Kosovo’s autonomy. Their strategy seems to be that if they repeat a lie long enough maybe it will become the truth.

Borislav Jovic was at the head of the commission that amended the Serbian constitution in 1989 to limit Kosovo’s excessive level of autonomy. Kosovo’s autonomy was not revoked by the amendments it was simply limited to a sensible level.

Under the 1974 constitution, Serbia couldn’t enact laws or amend its constitution unless the provinces approved it. Serbia was held hostage by its provinces. The provinces, on the other hand, could do anything they wished and Serbia couldn’t stop them.

The 1974 constitution conflicted with itself and with the Serbian constitution. Article III of that constitution granted the republics (not the provinces) the status of states within Yugoslavia. Because of the provinces’ excessive level of autonomy, the republic of Serbia was denied its rightful status and was placed at a disadvantage to other republics within the SFRY.

Because of Kosovo’s excessive autonomy, citizens who were wronged by the Kosovo judiciary couldn’t appeal their cases to the Serbian Supreme Court, even though they were citizens of the Republic of Serbia. Authority began and ended with Kosovo.

Kosovo abused its excessive autonomy. Between 1981 and 1987, more than 40,000 Serbs fled Kosovo under pressure from Albanian fascists who were striving to create an ethnically pure Albanian Kosovo.

The situation was nonsense, and something had to be done to protect the non-Albanian citizens in Kosovo. In 1988 Serbia appealed to the government of the SFRY. The SFRY, with the consent of all 6 republics and both provinces responded by amending the SFRY constitution, thereby allowing Serbia to amend its constitution.

In 1989 Serbia amended its constitution and the amendments were adopted with the consent of the Serbian assembly, the Vojovodina assembly, and the Kosovo assembly. Some have said that military pressure was exerted on the Kosovo assembly to force it to accept the amendments. Jovic denied that this was the case. He said that the Army was only present around the assembly to protect it from the Kosovo Albanian citizens who were demonstrating against the acceptance of the amendments.

At this point it the 1980 and 1981 demonstrations that took place in Kosovo were discussed. Jovic said that those demonstrations (at which people were killed) were violent and verged on a full-blown revolt. From this history one can clearly see that it was necessary for the army to protect the assembly building.

Kosovo’s status was not diminished in the SFRY at all. Jovic confirmed that in 1989 when the constitutional amendments were finalized the president of the SFRY presidency was Sinan Hasani, a Kosovo Albanian. Hasani, along with Ante Markovic was present at the Serbian assembly session when the amendments were finalized and neither had any objections. Kosovo still appointed its members to the SFRY presidency, and still had the same veto powers in the federal assembly.

Much has also been made of the fact that the Serbian assembly dissolved the Kosovo assembly in 1991. This was something that had to be done. Jovic confirmed that the Kosovo assembly had voted for succession from Serbia, which was a flagrant violation of the constitutions of both Serbia and the SFRY. Serbia was obligated under the constitution to dissolve the Kosovo assembly because it was acting illegally.

The bottom line is that Slobodan Milosevic did not and could not revoke Kosovo’s autonomy. Kosovo retained its autonomous status, and Serbia’s constitutional amendments were made in accordance with the laws of the SFRY. None of the amendments gave Serbia any more power than any of the other republics.

The question of the establishment of a “Serb army” was discussed. The prosecution has put forward the idea that Milosevic was endeavoring to create some kind of Serb army. Jovic dismissed the idea as nonsense.

Jovic said that the idea of creating a “Serb army” was being floated by the opposition parties, namely the SPO and the SRS. Jovic considered that they were floating this idea just so that they could themselves seize power.

Jovic pointed out that the SPO and the SRS both raised armed formations, but that the SPS never raised any such formation.

Mr. Jovic also divulged some interesting information about Vuk Draskovic today. Jovic explained that SFRY government intelligence sources had informed him that Vuk Draskovic, Stjepan Mesic and the leadership of the Democratic Party (DS) were all engaged in a conspiracy to topple the JNA and overthrow the Serbian Government.

So here is Vuk Draskovic, raising an armed group, and advocating a Serbian army, while at the same time plotting to overthrow the Serbian Government and wreck the JNA.

Jovic stated quite clearly that Milosevic was against the formation of any Serbian army and that Milosevic always favored a multiethnic Yugoslav army.

It was also observed by Jovic that Draskovic cooperated with Warren Zimmerman in order to try and find ways to overthrow Milosevic and come to power himself.

Jovic clarified the basis of the SFRY presidency’s decision to place T.O. weapons under JNA control. Jovic explained that Croatia and Slovenia were illegally arming their paramilitary formations by stealing the weapons from out of the T.O. warehouses. Therefore, it was necessary to place the weapons under JNA control so that paramilitaries couldn’t lay their hands on them.  

Jovic and Milosevic recalled a meeting that was convened by the SFRY presidency at which all members of the presidency, and all republican presidents were present. The meeting was convened in order to establish the causes of the inter-ethnic fighting in Croatia.

The meeting reached the conclusion that the problems arose because Croatia had denied the Serbs their status as a constituent people in Croatia, even the Croatian representatives agreed with the conclusions. Unfortunately, according to Jovic they didn’t act on the conclusions and continued with their violent policy of succession.

Jovic confirmed that Serbia, and Milosevic personally wanted succession to be regulated by law in order to prevent conflicts, and the chaotic situation which ultimately did emerge. Unfortunately, Croatia blocked the SFRY federal assembly from passing any sort of law like that.

Jovic theorized that Croatia blocked the law because Zagreb wished to pursue and anti-Serb policy and that a law on succession would force them to afford equal rights to the Serbs in Croatia before they could separate from Yugoslavia.

Jovic explained the situation in Croatia. He said that already in 1990 Croatian paramilitary formations were intensively arming and threatening the family members of JNA officers, and even killing them in some cases.

Jovic explained that after the infamous Spegelj film Tudjman had agreed with the federal presidency decision that paramilitaries should be disarmed. Unfortunately, Tudjman didn’t disarm the Croatian paramilitaries. On the contrary, Jovic testified that the Croatian authorities were arming paramilitary formations, and that they primarily gave weapons to HDZ members.

The Serbs on the other hand believed that the JNA would protect them and they did disarm. Unfortunately, this left them open to being attacked by the Croat paramilitaries, and they were attacked.

Unfortunately, these attacks did not result in the imposition of martial law in Croatia, and so the Serbs reacted by spontaneously arming themselves.

Jovic explained that Croatian paramilitaries blockaded the JNA in its barracks in violation of the Geneva agreement that had been reached with the Croatian authorities to allow the JNA to freely leave.

Jovic used the example of Vukovar to explain how those barracks were blockaded, how the water and electricity was cut off, how there was no food, how siege was laid on the barracks and how JNA soldiers were being killed in the barracks. Eventually, Jovic explained, the JNA was forced to attack the Croat forces in order to liberate its barracks.

Jovic added an interesting detail to the tragedy of operations Storm and Flash. Jovic said that the Z4 peace plan, which he considered to be a good plan, was in the offing when Croatia launched its bloody offensive against the Krajina Serbs. He said that Croatia launched its offensive before the plan even had a chance to be discussed. 

Jovic also addressed the question of Serbian aggression against Bosnia. Jovic vehemently denied that Serbia had perpetrated any aggression against Bosnia. Jovic confirmed Milosevic’s claim that the wars in Bosnia and Croatia were a civil wars, and not some sort of external aggression coming from Serbia. Jovic confirmed that the republic of Serbia did NOT send any forces outside of Serbia’s borders.

It is also clear that the JNA waged no aggression on Bosnia. Jovic said that the JNA was ordered to withdraw on the very day that the international community recognized Bosnia as an independent state. Therefore, the JNA was on its own territory and could not possibly be accused of any aggression, since it is quite impossible to wage aggression against yourself.

Jovic explained that when the JNA withdrew from Bosnia it only withdrew the members who were not from Bosnia. He said that the remaining soldiers, who were in their own republic, formed their own command and were no longer under the command of the JNA.

Jovic said that the Bosnian war was imposed upon the Serbian people, and Jovic expressed his firm conviction that if the principle of equality that had existed in Bosnia for the previous 50 years had been respected then there wouldn’t have been any war in Bosnia in the first place.

Jovic confirmed again that Bosnia was a civil war and that neither Serbia nor Yugoslavia had anything to do with it. To demonstrate this he confirmed that at the promulgation of the 1992 FRY constitution a statement was issued saying that the FRY had no territorial pretensions towards any of the former Yugoslav republics.

Jovic confirmed that the war in Bosnia was started with the illegal referendum on succession. He also added an interesting fact. Jovic said that the idea to have this sort of referendum had come from the E.C.

Jovic confirmed that before the war, on 18 March 1992 all three sides accepted and signed the Cutileiro peace plan. He also explained how on 25 March 1992 Alija Izetbegovic, under the influence of Warren Zimmerman, reneged and withdrew his signature from the peace plan.

Jovic agreed with Milosevic’s observation that the Serbs acceptance of the Cutileiro plan showed that not even the Serbs in Bosnia had any ideas about creating any greater Serbia. The Cutileiro plan called for an independent Bosnia divided into cantons, and the original demand of the Bosnian Serbs had been to remain in Yugoslavia. So quite clearly we can see from their acceptance of the plan that they had no ideas about forming any greater Serbia. In fact the Serbs were willing to make compromises to achieve peace, unlike Izetbegovic who said "I would sacrifice peace in order to win sovereignty for Bosnia, but for that peace in Bosnia I would not sacrifice sovereignty."

To drive this point home President Milosevic showed Jovic a transcript from an SFRY presidency meeting where Radovan Karadzic had been present and had accepted that Bosnia would be an independent state, but that he insisted on the equality for the Serb people living there.

Jovic confirmed that Serbia had 2 main goals vis-à-vis the war in Bosnia. The primary goal was to find a way to put a stop to the war, and the secondary goal was to get the sanctions lifted. To prove that Serbia was trying to achieve peace it was noted by Milosevic and Jovic that Serbia supported the Cutileiro plan in March of 1992, the Vance-Owen plan in May of 1993, the Owen-Stoltenberg plan (a.k.a. the “invincible plan”) in September of 1993, the European Union Action plan in December of 1993, the Contact Group plan in July of 1994, and ultimately the Dayton peace plan in 1995.

Jovic explained how the SFRY presidency was marginalized by the international community. When Croatia and Slovenia left Yugoslavia their members left the collective presidency, leaving a 6 member rump presidency behind.

The presidency could still legally function with 6 members, since the full presidency consisted of 8 members and only a majority was required to reach decisions.

Unfortunately, the international community, according to Jovic, did not recognize the presidency’s authority. Instead, the international community decided to ignore the Helsinki Final Act and recognized the secessionists as the legitimate governments, as opposed to adhering to the act which clearly states that a state’s frontiers are inviolable.

In fact, according to Jovic all republics, except for Croatia and Slovenia, wished to maintain the SFRY until the international community changed its stance and advocated succession from Yugoslavia. 

Jovic explained that Yugoslavia and Serbia became disillusioned when Europe lent its support to violent succession. He said that it became obvious that international law was being manipulated and twisted in order to serve the interests of the great powers.

On that sad note the hearing ended. Mr. Jovic will continue his with his cross-examination tomorrow.

# # #