Internacionalni glasnik
BOSNIA VIOLATES OWN CITIZENS' HUMAN RIGHTS BY REVOKING THEIR CITIZENSHIP
IN
A POLITICAL PROCESS
By Tarik Borogovac
NCRBH
Imad al-Husseini is a Bosnian citizen of Syrian background awaiting
deportation from Bosnia and Herzegovina, possibly back to Syria, where
he could be tortured or executed. His large beard gets much air time
these days in the media in Bosnia and the neighboring countries. Namely,
he is a scary "terrorist" from the "Muslim army" in Bosnia during the
war, and everyone "knows" that he is a war criminal and "must be"
somehow connected to al-Qaeda and Osama bin-Laden himself.
Yet, the most interesting thing about Imad al-Husseini is that he is
completely uninteresting to any agency of any government that is
pursuing terrorism or war crimes. The U.S. did not ask to have him.
Bosnia always handed over anyone the U.S. asked for, without requiring
any answers. For example, in 2002 it gave up six Bosnian citizens, all
of Algerian background, who have been imprisoned in Guantanamo Bay ever
since, without formal charges. The War Crimes Tribunal for former
Yugoslavia at the Hague did not ask for al-Husseini as a possible
perpetrator of a war crime during the Bosnian war, despite wild
speculation from the media. Even the Bosnian courts have not charged him
with anything, except a domestic disturbance.
Without any charge against him, we have to assume that he is merely a
victim of a human rights violation. Namely, according to the Universal
Declaration of Human Rights, article 15.2 "No one shall be arbitrarily
deprived of his nationality nor denied the right to change his
nationality". What is meant by this clause is that since citizenship is
the basis for realization of various rights, (property, employment,
etc.) cases that put in question citizenship should be treated in an
authorized court, on an individual basis, with some "due process". In
Bosnia, there is actually a commission, appointed and led by
politicians, that is tasked with taking citizenship away from large
numbers of Bosnian citizens, in a process called "citizenship review".
This commission originally took away al-Husseini's Bosnian citizenship.
He sued, and a Bosnian court ordered the reinstatement of his
citizenship, on grounds that the commission disregarded documentation
about his military service, and which proved that his citizenship was
legal and valid. Amazingly, not two days passed after the court's
decision, when his Bosnian citizenship was taken away again by another
purely political body, namely the Council of Ministers of Bosnia and
Herzegovina, i.e. the government, which explained that his removal is
"of vital national interest". That is truly arbitrary.
Again we come back to the question: why is this guy so important to go
to such lengths to strip him of his citizenship so arbitrarily, and
portrayed as such a terrorist, but not important enough to charge him
with anything, or arrest him while he lived in Bosnia all those long
years up to now? Well, he is only important as an example for others. In
al-Husseini's case, the politicians are clearly putting their arbitrary
commission above the courts, and discouraging as futile, any other court
challenges to its decisions. But they have to justify such a drastic
move somehow, so through back channels they name him as a terrorist or
war criminal in the media.
The commission for review of citizenship is reviewing citizenships of
thousands of individuals in a very short time span. In the round that
ended just a few days ago, they announced 661 names of individuals that
had their citizenships revoked. Most of the names are Arabic, but a
great number are Bosnian, and a few are western. Even if we cannot say
for sure that al-Husseini has not in some way been connected to a terror
ring, we can definitely be sure that not all of those men and women are
terrorists. It has been well publicized that when some of them are
forced to leave the country, they will leave their own children and
spouses behind. Does not marrying Bosnian spouses and having Bosnian
children entitle them to citizenship?
Bosnian politicians often use manipulations of citizenship to eliminate
individual citizens or whole groups of citizens whom they consider to be
undesirable. Years ago, Prof. Francis Boyle, the lawyer for Bosnia who
sued Serbia and Montenegro at the International Court of Justice for
committing and aiding aggression and genocide in Bosnia, had his
citizenship simply erased - probably in retaliation for starting that
lawsuit. Another example, as we have explained previously in this
newsletter, is that the Bosnian law on citizenship represents a
continuation of ethnic cleansing. Namely, those Bosnians who also took
citizenship in one of many other countries will lose their Bosnian
citizenship in 2011. Due to agreements with the Serbia-Montenegro union
and Croatia, the law excludes those countries, and their citizens can
have dual citizenship with Bosnia. Consequently, the law
disproportionately affects the Bosniak population, which was the primary
target of the ethnic cleansing (genocide) campaign carried out by
followers of war criminals Milosevic, Karadzic and Mladic in order to
create a "Republic of the Serbs" in Bosnia. Namely, Bosniak refugees
primarily settled in third countries, such as the U.S.A., Australia,
Canada, etc. In a few short years they will automatically be denied
their Bosnian citizenship only because they accepted citizenship of the
host country.
We conclude with the story of how al-Husseini and other volunteers
became Bosnian citizens at all. When the Republic of Bosnia and
Herzegovina (RBiH) declared its independence from Yugoslavia, it was a
secular state with an overwhelmingly secular populace. The state hastily
formed an Army of the RBiH to defend itself from Serb extremist
militias, aided by the Yugoslav National Army, who were brutalizing the
population as part of their aforementioned ethnic cleansing campaign.
The U.N., led by the U.S. president Bush, Sr., put an embargo on Serbia
and Montenegro (rump Yugoslavia) for aggression. A number of foreign
men, mostly Muslim, volunteered to fight for Bosnia. Although they were
not numerous enough to seriously affect the outcome of the war, if they
helped at all in that desperate situation, they were very welcome, and
for that all Bosnians should be grateful. Most of those volunteers
earned the citizenship that was given to them.
Yet, at the time Serbian propaganda needed to turn the world's
perception of the war from one waged between an aggressor state and
victim state, to a religious conflict between Christian and Muslim
armies. The Arab fighters were a great asset to Serbia in that respect,
although not by their own fault. Namely, the presence of any number of
Arab volunteer soldiers is not proof that the Army of RBiH was a Muslim
militia. Instead, the large numbers of Serb and Croat soldiers in the
ARBiH categorically prove that it was not a "Muslim militia". Among them
we can list heroes and commanders at highest levels, including Dragan
Vikic, general Jovan Divjak, general Zeljko Knez, general Stjepan Siber
and the current Croat member of the BiH Presidency Zeljko Komsic.
Nonetheless, the propaganda using the Arab fighters was very effective,
especially since the President of Bosnia at the time Alija Izetbegovic
went along with it and constantly tried to show off the "Islamic" nature
of the ARBiH, even by taking a group of soldiers on a pilgrimage to
Mecca, to be photographed while praying. This was a misrepresentation of
the secular ARBiH, and it is our opinion that Izetbegovic created it
intentionally to help the Serb propaganda machine. Ironically, for this,
the Arab fighters loved him the most, because to them he was the only
"true Muslim" among their Bosnian commanders. In the Bosnian media,
al-Husseini still invokes the name of Alija Izetbegovic in this context.
Alija Izetbegovic later illegally (in violation of the constitution of
RBiH) put his name on the Dayton agreement to partition the country,
creating the ethnically clean "Republic of the Serbs" (RS). The Serb
politicians, and others who work for them, still use the same tactic of
labeling Bosniaks as "Islamic terrorists". Long-bearded Arabs, such as
al-Husseini, serve as
"proof of the radical Islam danger in Bosnia" in the court of public
opinion, even if they cannot be charged with anything in a real court.
They hope to distract the U.S. and Europe enough from focusing on the
real war criminals -- the perpetrators of genocide who created the
"Republic of the Serbs".
Muhamed Borogovac, Ph. D.
Phone: 781-770-0317
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