The second session of the Permanent Peoples’ Tribunal on the former Yugoslavia, held in Barcelona from December 7 to 11, 1995, was convened to deepen and expand the conclusions of the previous Bern session, based on new evidence and subsequently collected documentation. The first session and its conclusions are considered an integral part of the documentation examined in Barcelona. The Tribunal thus proceeded to a further examination of responsibilities in light of new evidence that had emerged and events that took place between February and December 1995.
In particular, the Tribunal identified the direct responsibility of the Bosnian Serb forces for the acts of genocide committed within the framework of the “ethnic cleansing” policy, notably the massacre of approximately 8,000 Muslims in Srebrenica; of the Bosnian Croat forces for massive violations of humanitarian law, the destruction of populations, massacres, and acts qualified as genocide against Muslims; and of the regular Bosnian forces and Muslim paramilitary forces for documented episodes of violations of humanitarian law and human rights, including war crimes and crimes against humanity.
The Tribunal also examined international responsibility for failing to intervene and for refusing to provide adequate means to prevent massacres and acts of genocide, despite the availability of prior information. It also considered the failure to intervene by States and United Nations bodies, as well as the role of UNPROFOR, NATO, and the European Union. Furthermore, the judgment recognizes specific moral and political responsibilities of States and international institutions for their omissions and the inadequacy of the measures adopted.
In its Judgment, the Tribunal reconfirmed all the recommendations contained in the Bern Judgment and formulated additional recommendations. It urged the international community, particularly the European Union, to commit economic, technological, and cultural resources to the material and moral reconstruction of the territories destroyed by the war and to foster the reconstruction of coexistence and individual and collective guarantees in the former Yugoslavia. The Tribunal also urged amnesty and the full reinstatement of citizenship rights for deserters, rebels, conscientious objectors, and war refugees, recognizing the right of asylum for the latter. It recommended that communication professionals reconsider their code of ethics in light of human rights and the rights of peoples, and invited international media to support independent national media. To counter impunity for war crimes, the Tribunal recommended that the Tribunal in The Hague investigate and bring to trial journalists, editors, and media directors suspected of inciting genocide. It also recommended classifying ethnic sexual violence as a crime against humanity and, once intentionality is established, as an act constituting genocide as well. Finally, it invited all United Nations member states to ratify the Convention of December 4, 1989, against the recruitment, use, financing, and training of mercenaries.
Documentation:
The Judgment is available in Italian