[AMCC-News] HRW: Macedonian Forces Responsible for Killing and Destruction (From a Letter to Macedonian President B. Trajkovski)

[Mentor Cana]

"Available evidence suggests that government forces were responsible for
 the deliberate killing of 16-year-old Omer Shabani on April 3 in the
 village of Selce. We also received reports that families of ethnic
 Albanians arrested on suspicion of membership in the so-called National
 Liberation Army (NLA) were unable to obtain any information on the
 whereabouts of their relatives. Finally, our documentation suggests that
 government forces were responsible for the wanton destruction and looting
 of villages perceived as being pro-NLA, including the villages of Selce,
 Gjermo, Gajre, Drenovec, and Kolte."
____________________________________________________________________

http://www.hrw.org/press/2001/05/macedonia_ltr1.htm

Letter to Macedonian President Boris Trajkovski
May 4, 2001

President Boris Trajkovski
11 Oktomvri b.b.
1000, Skopje
Former Yugoslav Republic of Macedonia

Your Excellency,
Human Rights Watch is a privately funded international non-governmental
organization dedicated to documenting human rights abuses throughout the
world. In the past ten years, we have committed substantial time and effort
to investigating violations of human rights and humanitarian law in the
former Yugoslavia. We have documented violations of international
humanitarian law by all sides of the armed conflicts in Croatia, Bosnia,
Kosovo, and the NATO war with the Federal Republic of Yugoslavia.

Reports of the renewed conflict in the former Yugoslav Republic of
Macedonia between security forces and armed groups of ethnic Albanians
raise concerns relating to adherence to international humanitarian law. As
in all other conflicts on the territory of the former Yugoslavia, our
principal concern is that all parties involved respect civilian immunity
and ensure the protection of civilians.

Human Rights Watch wants to express its concern that Macedonian authorities
take all measures to ensure that security forces comply with basic
principles of international humanitarian law applicable to situations of
internal armed conflict, and enshrined in Common Article 3 of the Geneva
Conventions. This provision protects those who do not take an active part
in hostilities from the most serious violations, including acts of murder,
torture and cruel treatment, the taking of hostages, outrages upon personal
dignity, and the passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly constituted court.

This concern is strengthened by our findings following the March 2001
actions by the security forces against armed ethnic Albanian groups in the
western part of the country. Available evidence suggests that government
forces were responsible for the deliberate killing of 16-year-old Omer
Shabani on April 3 in the village of Selce. We also received reports that
families of ethnic Albanians arrested on suspicion of membership in the
so-called National Liberation Army (NLA) were unable to obtain any
information on the whereabouts of their relatives. Finally, our
documentation suggests that government forces were responsible for the
wanton destruction and looting of villages perceived as being pro-NLA,
including the villages of Selce, Gjermo, Gajre, Drenovec, and Kolte. We
urge you to make these incidents the subject of prompt, thorough, and
transparent investigations.

With regard to the renewed fighting, Macedonian authorities should also
prohibit all attacks against civilians, attacks and reprisals against
civilian objects, as well as threats of violence the primary purpose of
which is to spread terror among the civilian population. We call on the
government of the FYR Macedonia to take all available measures to prevent
the displacement of civilians.

We also call on the authorities to ensure that the civilian population of
the affected areas enjoy maximum protection against the dangers of harm
resulting from the military operations. The most fundamental principle of
the laws of war requires that combatants be distinguished from
noncombatants, and that military objectives be distinguished from protected
property or protected places. Parties to a conflict must direct their
operations only against military objectives (including combatants).

In this respect we wish to remind Macedonian authorities that the
provisions of Protocol I additional to the Geneva Conventions that prohibit
indiscriminate warfare are considered to be norms of customary
international law. These provisions are binding on all parties to a
conflict, regardless of whether it is an international or internal armed
conflict. Indiscriminate attacks are "those which are not directed against
a military objective," "those which employ a method or means of combat
which cannot be directed at a specific military objective," or "those which
employ a method or means of combat the effects of which cannot be limited
as required by the Protocol," "and consequently, in each such case, are of
a nature to strike military objectives and civilians or civilian objects
without distinction."

We also note that the jurisdiction of the International Criminal Tribunal
for the former Yugoslavia (ICTY) applies to serious violations of
international humanitarian law committed after 1991 in the territory of the
former Yugoslavia, including FYR Macedonia. Human Rights Watch acknowledges
the obligation of the armed Albanian groups to uphold the same standards of
international humanitarian law and urges their adherence to these norms. A
letter expressing Human Rights Watch's concerns to this effect is being
sent to the NLA.

We hope, Mr. President, that you will give serious thought to the points
addressed in this letter and, guided by consideration for human life and
well-being, do everything in your power to ensure respect for Macedonia's
obligations under international law.

Respectfully,

/s/

Holly Cartner
Executive Director
Europe and Central Asia Division
cc: Mrs. Carla Del Ponte, Chief Prosecutor, ICTY