Milosevic Defense Emerges in Cross Examination of Dubrovnik Witness

When the Milosevic trial resumed after two weeks in recess largely due to Milosevic's illness, former Croatian President Franjo Tudjman's first Defense Minister, Petar Kriste, took the stand. If anyone expected revelations from the man Milosevic characterized as a close Tudjman ally,* they were disappointed. Though Mr. Kriste read press reports and heard talk of the famous Tudjman – Milosevic meeting at Karadjordjevo where they allegedly divided up Bosnia-Hercegovina, he testified that he heard nothing from Tudjman himself. The closest he came was a euphoric second-hand statement by Croatia's then Minister of the Diaspora, Gojko Susak, following a meeting with 'the leader' at which he claimed the decision to annex Hercegovina had been made. The Trial Chamber has heard more direct evidence of the Karadjordjevo meeting from other witnesses, such as Lord Paddy Ashdown who offered the map of a divided Bosnia which Tudjman allegedly drew on a napkin.

Mr. Kriste did testify that Tudjman refused to let Croatia prepare for a potential military defense against the JNA, relying on Federal Defense Minister Veljko Kadijevic's assurance that the JNA would not attack Croatia. The implication from Mr. Kriste's testimony is that Tudjman was likely also relying on a promise from Milosevic, but again he could not provide any direct testimony on this point.

Milosevic elicited Mr. Kriste's agreement that Tudjman, as early as 1989, favored an expanded Croatia based on the borders of the former WWII Ustasha state. According to an interview Mr. Kriste gave to a Croatian magazine in December 2002, he warned Tudjman it was not possible because Bosnia-Hercegovina was only 17% Croat. To which Tudjman replied that they [Bosnian Muslims] were all Croat. While confirming the accuracy of the interview, Mr. Kriste testified that Tudjman never took action to implement his vision, which might be a surprise to Bosnians who were subsequently attacked by Croat forces.

Despite Mr. Kriste's defense of Tudjman, he stated unequivocally that anyone guilty of war crimes should be punished. Milosevic read from the witness's magazine interview concerning crimes Croats were alleged to have committed. Mr. Kriste responded, 'It is true. At the time, we had no information of those events. Later, the media published information. It is up to the trial chamber to ascertain the truth. I consider any crime committed, regardless of the side committing it, should be sanctioned and punished. Croatia did not have saints and angels. But what your people did on Croatian territory only demons could do.'

The bulk of Mr. Kriste's testimony concerned the JNA attack on Dubrovnik. For the most part, he confirmed what other witnesses have said about an unprovoked JNA attack on the protected UNESCO world heritage site and wholly civilian target. After several months of shelling, Mr. Kriste, Admiral Jokic commander of the JNA forces, and others negotiated an agreement on December 5, 1991, for a cease fire followed by JNA withdrawal. The next day, however, Dubrovnik saw the worst shelling of the several months' long siege. Nineteen civilians were killed, sixty wounded and nine buildings in the old town totally destroyed with many others suffering significant damage.

When Dubrovnik's defenders reached JNA commander Admiral Jokic by satellite phone an hour after the attack began, he first denied there was any shelling. A half hour later, he acknowledged the shelling but said it was provoked by Croat forces firing first at the JNA. Only after four more hours did he admit it was an unprovoked attack by JNA forces. While he apologized and promised a cease fire, shelling, though less intense, continued for several more hours until dark. The prosecution introduced a fax from Admiral Jokic, conveying his apology, stating the attack was unauthorized and that he would conduct an investigation and punish those responsible. Mr. Kriste testified he did not know if it ever happened.

While Judge May reprimanded Milosevic a few times for improper cross examination, for the most part the accused questioned Mr. Kriste on relevant issues. His questions also reveal what appears to be his defense to the Croatia indictment, i.e. that Serbia and he as president had nothing to do with fighting in Croatia; that the JNA was the legitimate army of the Socialist Federal Republic of Yugoslavia and, as such, had the right to be anywhere on Yugoslav soil; that the JNA was merely separating warring parties and de-blocking garrisons which the Croats had blocked; that the JNA was a multi-ethnic army, not a Serbian army; that the JNA General Staff issued written orders not to attack Dubrovnik.

Mr. Kriste had answers to all of Milosevic's contentions: The JNA worked on behalf of Milosevic, pretending to separate warring parties but always protecting Serbian forces. Croatia blockaded JNA barracks after the JNA had confiscated all weapons of the territorial defense (TO) and after it had attacked Slovenia. The JNA lost its multi-ethnic character with the break up of Yugoslavia, remaining largely a Serb army by the time fighting began in Dubrovnik. The JNA was an aggressor in Croatia, attacking Dubrovnik without provocation. If the JNA had written orders not to attack Dubrovnik, it did not abide by them.

The prosecution has produced significant testimony that supports Mr. Kriste's contentions. While Milosevic's cross examination was more to the point than usual, he failed to shake Mr. Kriste's testimony. It remains for him to back up his assertions by calling his own witnesses, following the close of the prosecution's case.
*On redirect examination, Mr. Kriste expressly denied that he was a close associate of Tudjman's during the time period in question.