The request to examine the situation in the former Yugoslavia was submitted to the Permanent Peoples’ Tribunal (PPT) in March 1994 by the Swiss association “Tribunal Former Yugoslavia” from Bern, alongside jurists and civil society organizations. The complexity of the issues led the PPT to divide the proceedings into two sessions: the first was held in Bern from February 17 to 20, 1995, while the second took place in Barcelona from December 7 to 11, 1995.
The Bern session took place while the conflict was still ongoing and focused primarily on Bosnia and Herzegovina, while also placing the war within the broader political and constitutional context of the dissolution of Yugoslavia. The Tribunal examined the conflict in light of international law, humanitarian law, human rights, and the rights of peoples. According to the Judgment, the Bosnian conflict could not be considered a mere civil war, as it was also fueled by external interventions and aggressions, particularly through the involvement of Serbia and Croatia, while nationalist propaganda contributed to the radicalization of ethnic conflict.
The Tribunal examined testimonies from Bosnia and Herzegovina, reports from experts and civil society representatives, and contributions from the various parties involved. Testimonies from Serbs, Croats, and Bosniaks were heard, and the situation of women as victims of war was also analyzed. Particular attention was dedicated to NGOs, peace movements, human initiatives, and projects aimed at rebuilding a civil society not founded on ethnic or national affiliation.
The Panel of Judges noted numerous violations of international law, including violations of the territorial integrity and sovereignty of States, interference in internal affairs, violations of human rights, and violations of international humanitarian law. With specific reference to Bosnia and Herzegovina, it qualified certain acts committed within the framework of so-called “ethnic cleansing”—including killings, persecution, rapes, and living conditions incompatible with the population’s survival—as genocide against the Bosnian Muslim population. However, the assessment of responsibility was not attributed to a single party. The Tribunal affirmed the existence of massive violations of the rights of the various ethnic and religious communities by combatant forces belonging to the different sides of the conflict. It also noted humanitarian violations by Bosnian Muslim, Croatian, and Serb authorities, while emphasizing the particular severity of the violations committed by the Bosnian Serb side regarding the access of humanitarian organizations to civilian populations.
Finally, the Bern session reserved the right to complete in Barcelona the examination of the responsibilities of the States involved and of further issues related to the crimes committed during the conflict.
Requesting Organisations: Association “Tribunal Former Yugoslavia”, Bern
Documentation: