The Tribunal on Trial: Europe and the Arbitration of War Crimes

As the first wars to be waged on European soil since the Second World War, the Balkan crises constituted a defining moment for post-Cold War Europe, and particularly for the newly united nation at its center: Germany. The political and humanitarian crises that ravaged the former Yugoslavia between 1991 and 1999 had a significant impact on migration patterns to Germany; the BRD took in 48% of all refugees from the war-torn region, vastly more than any other European country. This was not just a test of whether or not Germany would welcome migrants, a large portion of whom were Muslims. It was also a test of how Germany, in light of its own genocidal past, would react to the Serbian policy of “ethnic cleansing” and how it would treat its position in NATO, a membership that would cause the first mobilization of German troops since World War II. When we consider these various factors and dilemmas, Germany’s role in the conflict is certainly fraught, especially when we recall that the German government under Helmut Kohl and Hans-Dietrich Genscher exacerbated the Yugoslav crisis through its hasty recognition of Slovenia and then of its World War II ally Croatia as independent states. These decisions undermined the legitimacy of the Yugoslavian multiethnic state and set off a chain reaction that led first to the evacuation of Serbs from the new Croatian nation and eventually to the ethnic cleansing of Bosnian Muslims by Serbs.[1]

Continue reading →