There was a war between Serbs and Bosnians in Bosnia and Herzegovina in 1992-1995. This war ended with the Dayton Peace Agreement, which was written on 1 November 1995 and signed by the Republic of Bosnia and Herzegovina, the Federal Republic of Yugoslavia, and Croatia on 14 December 1995. The main purpose of the Dayton Peace Agreement is that three different ethnic groups to ensure that they live safely together and integrate within a state. For revealing these purposes, gave to Bosnia and Herzegovina has some innovations and regulations in this agreement. Following this agreement, NATO forces were sent to the regions in 1996. With this treaty, Bosnia and Herzegovina are divided into cantons. Two countries shared the control of the area. According to sharing, Republika Srpska’s rate of control is 49% and the Federation of Bosnia and Herzegovina's control rate is 51%.
BOSNIA AND HERZEGOVINA
Bosnia and Herzegovina is a country located in the East of Europe and in the West of the Balkans. This country is the place where immigration, invasions, struggles of big states, ethnic and religious color can be seen throughout history. Bosnian people lived in great states such as the Hungarian kingdom, the Ottoman State, and Austria-Hungary in the past time. Bosnia around Europe, North Africa, the Middle East, and the Balkans, where nation-states are largely synthesized; It is a country where Catholic, Orthodox, and Muslim people have lived as well-known entities for centuries, except for short periods. Bosnia and Herzegovina, which left the former Yugoslavia federation and consisted of 44% of Muslim Bosniaks, 33% of Serbs, and 18% of Croats, had ethnic confusion at the end of 20. century. All three groups speak Serbian and Croatian, and it is not possible to draw a border based on a certain ethnicity. This situation causes the Bosnian Wars to start.
BOSNIAN WAR
With the disintegration of the Soviet Union and the fall of the Berlin Wall, the Western studies in the Balkans are very effective in wars that erupt in this region. The Vatican, Austria, and Germany convinced Croatia to leave Yugoslavia, and Croatia left Yugoslavia. On 29 February-1 March 1992, Bosnian Croats and Bosnian Muslims held an independence referendum. The result of the referendum was in the direction of the declaration of independence from Yugoslavia with 99.7 percent. After the referendum, Bosnia and Herzegovina declared its independence. With the proclamation of Bosnia and Herzegovina's independence, attacks began on 1 March 1992 by Serbian forces. These attacks, which lasted more than 3 years and turned into war, continued until December 14, 1995. During this war, 100,000-110,000 people died and about 2 million people had to leave their homes and countries. The only international treaty that regulates genocide crime and prosecution is the Convention on the Prevention and Punishment of the Crime of Genocide. Signed by 140 countries in 1948 by the United Nations General Assembly. According to this contract genocide is a crime. Also, in accordance with Article 4 of this contract those who commit the crime of genocide should be punished. Even so, genocide has been the method of war that Serbs have applied since the war started. In the early stages of the war, in April 1992, approximately 350 Bosniaks were tortured and killed by Serbian paramilitaries and special police forces in Bratunac village outside Srebrenica.
SREBRENİTSA MASSACRE
Srebrenica, where the Muslims lived mostly and the impossibility reached it is maximum, was declared a safe zone by the United Nations in the first years of the Bosnian War. Towards the end of the war, given the possibility of ending the war with the Dayton Peace negotiations, Serbs attacked these two cities to seize two strategic cities, such as Gorajde and Srebrenica. As a result of these attacks, mass murder took place in Srebrenica in 1995. Serbian soldiers took 10,000 innocent prisoners in the Tanjarz district of Srebrenica. Serbian soldiers killed 8300 people for 5 days at the order of Mladic and buried them in The Hague Cemetery. Approximately 13 years after the massacre, Bosnian Serb commander Ratko Mladic was arrested in the village of Sermiyan in Serbia and tried for a week at The Hague International High Criminal Court. After the trial, Mladic was sentenced to life imprisonment. They asked for operations to arrest Mladic, who has been wanted by the international war crimes tribunal in The Hague for 16 years. In the operation, Ratko Mladic, who used the false identity of "Milorad Komadiç", was caught. In the statement made by the International Criminal Court of the former Yugoslavia, which was established by the decision of the UN Security Council,it will be dispatched to The Hague after the legal process that must be fulfilled pursuant to Serbia's domestic law is completed. It was stated that the transfer was expected impatiently.2 David Rohde is a journalist who proved the mass murder took massacre around Srebrenica by discovering the first mass graves. In his statement after uncovering the mass graves, the attitude of the United Nations said, “The international community has biased thousands of people and then handed them over to their most horny enemies. Srebrenica is not a situation in which the international community is far from a disaster. On the contrary, the actions of the international community encouraged the murderers, helped them, and facilitated their work. The fall of Srebrenica was not really what it should have been. There was no need for thousands of skeletons to be scattered here in East Bosnia. There was no need for thousands of Muslim Bosnian children to grow up with the story of their fathers, grandparents, uncles, and siblings strangled by Serbs. ” criticized with the words. In addition to the genocide, during the war, rape crimes had also been used by Serbian militia and soldiers as a massive and systematic means of ethnic cleansing against Bosnian women. Rape was used both against individuals and for the whole group. The aims of Serbs during this process are to cause permanent and serious bodily and mental harm to victims. Regular army soldiers of Yugoslavia also participated in the commitment of this crime. Srebrenitsa massacre is also important in that it is the largest mass slaughter in Europe since World War II and is the first legally documented genocide in Europe.
THE EFFECTS OF THE WAR ON THE INTERNATIONAL AREA
In this war, international important establishments like the EU and big countries such as the USA do not interest in genocide crime by Serbians. In Srebrenica, which was declared a safe area by the United Nations, intensive ethnic cleansing against Bosniaks was carried out by the Serbian militia killed innocent Bosniaks under the supervision of the Serbian Corps. In this time, Bosnia and Herzegovina applied to the International Court of Justice on Serbia's genocide. The International Court of Justice asked the UN Security Council and the Secretariat General to prevent the genocide of Serbs in Bosnia. However, the Security Council did not comply with the request of the Court. They also called the Council “genetic cleansing” for the genocide. This is a definition that does not concern the council under the Genocide Convention. If using the term “genocide” was used, the Council must have to react according to this contract. These developments have been effective in the convergence of Bosnia and Herzegovina to the Treaty. Also, according to the Dutch report, the government of the Republic of Turkey wanted to help Muslim Bosnian people, so the government sent guns. Because the government thought that there was a very big serious injustice against Bosnian Muslims.
SIGNING THE DAYTON PEACE AGREEMENT
After this three years war, a settlement was reached in the city of Dayton, Ohio, in November 1995. With this agreement, on 14 December 1995, the Dayton Peace Agreement was signed in Paris. For this agreement, Representative countries and representatives of the leading signatory states; Aliya Izzet Begovic was representing the Republic of Bosnia and Herzegovina, Slobodan Milošević was representing of the Federal Republic of Yugoslavia, and Franjo Tuđman was representing Croatia. In addition to these countries; the USA, the UK, France, Russia, Germany, and the European Union have signed this agreement.
SUBSTANCES OF THE DAYTON PEACE AGREEMENT
1. The state of Bosnia and Herzegovina is divided into two entities (assets), the Federation of Bosnia and Herzegovina, and the Republika Srpska.
2. The state will be maintained as a single state under the name of Bosnia and Herzegovina.
3. The state will have a constitution that is responsible for foreign policy, foreign trade, transportation, communication, air traffic control, implementation of international rules, and monetary policy.
4. All people living in Bosnia and Herzegovina will be given the right to move and travel freely in two entities.
5. According to the agreement, it is envisaged to establish a constitution that constitutes the following institutions.
a. A bilateral parliament consisting of the People's Assembly and the House of Representatives
b.Presidential Council consisting of three people (two members from Federation of Bosnia and Herzegovina, one member from Republika Srpska)
c. Council of Ministers
d. Constitution Court
e. Central Bank4 The term of office of the Presidential Council is four years.
Representatives of three different nations take part in this council. In addition, this council includes the Council of Ministers, ministries, and prime minister. Two assistant personnel are appointed to assist ministers and prime ministers. The nationality of the minister and the nationality of the assistants of the minister must be different.
THE RESULTS OF THE DAYTON PEACE TREATY
Dayton Peace Agreement signed to end the war in the region and make lasting peace. With this signed agreement, a new administrative structure was created to be managed by Bosnian Muslims and Serbs together. Despite being an agreement signed twenty five years ago, the state of Bosnia and Herzegovina is tried to be isolated in the international arena and to make people forget the past evils. In the words of Roy GUTMAN, one of the most important journalists of the period, "No epidemic has spoiled the appearance of post-war Europe as much as Serbia's attack on Bosnia. Maybe someday cities, buildings and other structures will be restructured with investments. However, nothing will bring back the dead, nothing will wipe out the suffering of the people.” For this purpose, The famous concept of “bratstvo i jedinstvo (brotherhood-sisterhood and unity)”, which was developed and implemented during World War II but was abandoned in 1980, should be put forward again. This is not a romantic craving for the past; it is just the biggest need of Bosnia and Herzegovina today.
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