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Ethnic Cleansing - An Attempt at Methodology
V. Conclusion
Analysis of ethnic cleansing should not be limited to the specific case of former Yugoslavia. This policy can occur and have terrible consequences in all territories with mixed populations, especially in attempts to redefine frontiers and rights over given territories. There is a new logic of conflict that relies on violent actions against the `enemy's' civilian population on a large scale, rather than on war in the traditional sense i.e. between armed forces. Examples of this logic and policy abound today (the extreme case being Rwanda).
On the basis of the tragic events of Bosnia and Herzegovina and taking into consideration the many reports and analyses of all aspects of so-called ethnic cleansing, very precise violations of international law can be recognized: from intolerance and discrimination, ethnic and religious exclusivity, dominance and the sense of superiority of one group to crimes against humanity and genocide. Further, the motivating factors behind ethnic cleansing policies in the former Yugoslavia are not historical, but stem from strategic political interests.
It is important to underline once again that the policy of ethnic cleansing fundamentally represents a violation of human rights and international humanitarian law. It may be most appropriate to define forms of ethnic cleansing which are not aimed at extermination as specific crimes perpetrated within the framework of crimes against humanity. Only when the means and methods of ethnic cleansing policies can be identified with genocidal acts, and a combination of different elements implies the existence of intent to destroy a group as such, can such actions represent genocide.
Specific policies of different parties should be analysed separately.117 Behind most policies of ethnic cleansing in former Yugoslavia are not historical factors, but very precise strategic interests of the current political leadership.
It is essential that the new term is not used to replace pre-existing definitions in international law. So far the international community has been employing precisely this term, but only as an excuse not to comply with duties laid down by international law. The objective of this article has been to provide elements for future analysis of this phenomenon, as individual responsibility will be determined by the International Tribunal established for that purpose.118
In doing so it is hoped that the Tribunal will apply well defined tenants of international law rather than emotive phrases and terms, so far, `ethnic cleansing' has been used merely as a political rather than as a legal term.
117 There are attempts to recognize the roots of the policy of Serbian extremists by analysing practically the whole of Serbian history. We cannot agree with this method, because in the history of every European State, it is possible to find different ideas, often based on exclusivity of the given nation and ideas about territorial expansion. Manipulation with history is very often used by politicians to justify their particular actions, but a similar approach by the analysts could also lead to the demonization of the whole nation by analysis of its history in the context of the actual events.
118 See the article by Shraga and Zacklin in this issue at 360.
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