The crime of genocide against Bosniaks was committed in Bosnia and Herzegovina in the period between the beginning of 1992 and the end of 1995. There was a clear intent to destroy the Bosniak people in contravention to the Convention on Prevention and Punishment of genocide. That fact was also confirmed by the International Criminal Tribunal for the former Yugoslavia in its judgments, as well as by the Congress and the Senate of the United States of America, and their Resolutions, respectively.
Congress of North American Bosniaks, in cooperation with the most prominent organizations of the Bosnian Diaspora, condemns the political decision of the International Court of Justice in The Hague. The signatories of this joint statement are of opinion that this fundamentally unjust decision only serves as the international community’s reward to those who have committed the most heinous crimes. With this flawed decision the international community has but confirmed its own complicity in crimes committed against Bosnia and Bosniaks. In doing so, the international community has ignored the undeniable facts and evidence of the enormity of the crime of genocide committed against Bosniaks and, further, has created serious obstacles in the process of peace-making and co-existence of the peoples of Bosnia and Herzegovina.
Therefore, it is evident that this Decision by The Court has augmented, by an order of magnitude, the moral, ethical, and above all, the political responsibility of the elected political representatives of Bosnia and Herzegovina in order for them to vigorously pursue and prevail in that pursuit of the totality of the truth and justice and complete annulment of any and all results and creations thereof, of genocide, as well as of the acts of aggression against Bosnia and Herzegovina during the period commencing with the Parliamentary vote in March of 1992, and ending with the Dayton Accords in 1995.
The undersigned are of opinion that the damages inflicted upon the victims and survivors of genocide and other acts of aggression, are incalculable in material, spiritual and emotional realms, and therefore, that the victims and their descendants have the fundamental right to claim their liberties and freedoms, as well as the equal rights to life and dignity on each and every square foot of the territory of Bosnia and Herzegovina. Further, the signatories are of opinion that the current constitutional and territorial arrangement of Bosnia and Herzegovina is a direct product of aggression and ensuing genocide, regardless of the actual point in time that genocide has occurred in, in the period of time first mentioned above and has, as its extension, completely destroyed the original character of Bosnia and Herzegovina – that of a multi-ethnic, multi-cultural and multi-religious state. Since the undersigned are of opinion that the principles of Truth, Justice and Liberty ought to form the basis for the citizens and peoples of Bosnia and Herzegovina to build a modern society, and in firm belief that it is essential and productive for the whole of Diaspora to address this Decision by The Court, the organizations listed beneath jointly adopt this document as follows:
DECLARATION FOR LEGAL, POLITICAL AND MORAL ANULLMENT OF ALL PRECEDES TO THE CRIME OF GENOCIDE, AND ALL PROCEEDS OF THE CRIME OF GENOCIDE, IN BOSNIA AND HERZEGOVINA
I. The process and direction of the constitutional reform in Bosnia and Herzegovina must now be based upon the fact that the crime of genocide was committed in Bosnia and Herzegovina. Therefore, the end result ought to be complete annulment of all precedes to, and of all proceeds of, that crime as well as the totality of crimes. As a first and direct result in that process the so-called “Republika Srpska”, and all of its agents, surrogates and resulting creations and constructions must be annulled in their totality as that entity was named, by The Court, as the culprit and the guilty party with respect to the crime of genocide committed in Srebrenica.
II. The current Constitution of Bosnia and Herzegovina is based upon ethno-territorial arrangements which, given their continuity, are now direct results of that crime of genocide and, as such, must be immediately and completely annulled.
III. The current socio-political arrangement of Bosnia and Herzegovina must be harmonized with the arrangements which were in place preceding the crime of genocide, including the territorial arrangement.
IV. All of the results of genocide must be annulled leading to an effective accommodation for the return of the survivors of genocide to their homes and properties where they will, again, have an opportunity to support themselves.
V. The true character of a multi-ethnic state of Bosnia and Herzegovina, upon each and every square foot of its territory, must be returned to Bosnia and Herzegovina in order to recapture its status preceding the implementation of the project of planned genocide which resulted in the creation of ethnically-cleansed enclaves.
VI. The descendants of the victims of genocide, the survivors of genocide as well as the state of Bosnia and Herzegovina must be the recipients of material indemnity so as to enable the fulfillment of the fundamental responsibilities as mentioned above.
VII. Bosnia and Herzegovina must enact a law criminalizing any and all denials of genocide, by anybody or any entity in the world, and thus ensure the most rigorous and far-reaching application of that law.
VIII. The political representatives of the People of Bosnia and Herzegovina must insist upon, and persist in, demands that Serbia and Montenegro accept complete legal, political, material and moral responsibility for genocide and, further, that they commit themselves, jointly and severally, to support and aid in the annulment of the results of genocide, as well as that they will act to prevent any future attempts of the crime of genocide to be repeated in Bosnia and Herzegovina.
Signatories to this Declaration:
1. The Congress of Bosniaks of North America
2. The World Union of the Diaspora of Bosnia and Herzegovina
3. The Bosnian-American Advisory Council for Bosnia and Herzegovina
4. The Association of Bosniaks of Australia
5. The Council of Bosnian and Herzegovinian Organizations of Autsralia
6. The Australian Bosnian and Herzegovinian Foundation for Justice for Bosnia and Herzegovina
7. The Srebrenica Association