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Can an entire nation be collectively guilty for the crimes committed in its name? This is the key question with which this paper
is concerned. Discussions surrounding the notion of collective
guilt have most often centred upon the case of the German
people, the archetypal guilty nation. Wilkins, for example,
maintains that there are numerous examples of collective guilt,
but to my mind the clearest and most indisputable example in
recent history is to be found in the persecution of the Jews in
Nazi Germany.1 The case of My Lai, when as many as 500
unarmed women, children and elderly Vietnamese were massacred on 16 March 1968, has also been frequently discussed in the
context of debates about whether and to what extent we can correctly speak of collective guilt.2
More recently, as a result of the devastating wars in the former
Yugoslavia during the 1990s, some commentators began to speak
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East European Politics and Societies, Vol. 22, No. 3, pages 668692. ISSN 0888-3254
2008 by the American Council of Learned Societies. All rights reserved.
DOI: 10.1177/0888325408318533
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nation, and we do not want to. It is much easier, and more palatable, to emphasize that nations otherness than to see in it elements of ourselves. Yet if we focus only on it being not like us,
we thereby avoid asking ourselves a fundamental questionhow
would we have behaved in similar circumstances?
For example, we can argue that the German people were collectively guilty for embracing National Socialism, but how do we
know that we ourselves would not have done so in the same circumstances? In other words, What business do we have condemning these people if . . . we too would have naturally absorbed
those beliefs had we been brought up in their society?30 Similarly,
we can hold the Serbian people collectively guilty for supporting
Milosevic, for example, but can we be sure that we ourselves, in a
similar situation, would not have supported him?
It is also easy for us, as outsiders, to claim that more people in
Serbia should have stood up against the Milosevic regime, or that
more people in Germany should have opposed Hitler and the
Nazis. According to Lewis, however, it is important to bear in
mind that . . . there are severe limitations on the power of the
individual to modify social conditions, for normally he can only
do so by concerted action, and concerted action, moreover,
which requires a consensus of opinion on highly complicated
social and economic questions.31
Thus, in the case of Germany, for example, the question we
need to ask is, What could have been expected of the average
German citizen in the swirling tide of the events which engulfed
him and others eventually in the deep vortex of war?32 The same
sort of question, it is argued here, should also be asked in relation to Serbs living under Milosevic.
Collective guilt can be particularly objected to on moral
grounds. In short, crimes against a nation perceived as collectively guilty are unlikely to provoke moral outrage. Like an eye
for an eye, the concept of collective guilt provides a basis upon
which crimes against such a nation can be treated as justified.
How else can we explain the lack of international reaction to
Operation Storm in August 1995the ethnic cleansing by U.S.supported Croatian forces of some 200,000 Croatian Serbs from
the Krajina?33 The belief that these Serbs were simply getting
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However, opposing the Milosevic regime could be very dangerous, as highlighted by the assassination of the journalist
Slavko C uruvija, the partner of Branka Prpa. A few days after
C uruvijas murder on 11 April 1999, an article appeared in the
State-controlled newspaper Politika claiming that Filip David
and two other vocal critics of the Milosevic regime were traitors
who had called for Belgrade to be bombed. C uruvija himself had
written an article advocating an aerial bombardment of the city,
and it was shortly after this that he was gunned down on his
doorstep. Despite receiving menacing phone-calls and being
threatened in the street, David nevertheless decided to remain in
Belgrade. In his words, Despite everything, I didnt want to
leave. I felt I had to stay and to say what I thought. I needed to
fight, to oppose, and to try to explain. Some of Davids friends,
however, like Mirko Kovac and Bogdan Bogdanovic, left Serbia
and never came back.
For the cartoonist Predrag (Corax) Koraksic, his cartoons
also known as Coraxwere the vehicle through which to make
a stand against the Milosevic regime. These cartoons, according to
arko Trebjesanin, were an uncomprothe Serbian psychologist Z
mising and subversive critique of a dictatorship. . . .63 Not surprisingly, therefore, there was a price for Koraksic to pay. When
Milosevic came to power, Koraksic was working for the independent newspaper Vecernje Novosti (Evening News). However,
Milosevic decided to take control of the newspapers editorial
board, and that is when Koraksics problems really began. After he
refused to support the new editorial policy, the newspaper no
longer wanted to publish his cartoons, and a three-year court case
ended with Koraksic being sacked from Vecernje Novosti in 1993.
Thereafter, he started working for the independent newspaper
Nasa Borba (Our Struggle). When that became too popular and
was consequently closed down by the regime, he joined the independent newspaper Danas (Today). However, there were always
risks, and Koraksic regularly received threatening phone-calls
and letters.
After Milosevics fall from power in 2000, his wife Mira
Markovic gave an interview to the Slovene newspaper Mladina
(Youth). When she was asked what she thought of Koraksic, she
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replied, On je najgori crtanist na svetu! (He is the worst cartoonist in the world!). Koraksic recalled, After that, I was really
scared!64 With good reason too, since it did not bode well to be
criticized by Mira. Her weekly column in a popular Belgrade magazine, nicknamed The Horoscope, was a reliable forecast of
the political fortunes of Serbias elite.65
Koraksic also faced numerous obstacles. For example, an exhibition of his work had been scheduled for 15 March 1995 at the
gallery Art Sebastian in Belgrade. However, the director of the
gallery decided that Koraksics cartoons could not be displayed,
owing to their negative portrayal of Milosevic, his wife, and SPS
officials.66 Thus, when visitors arrived at the gallery to view
Koraksics drawings, they were faced with virtually bare walls. All
the caricatures of Milosevic, his wife and members of his party
had been removed. Only drawings of opposition leaders
remained. It was no coincidence that the owner of the art gallery,
the firm Inex Interexport, had firmly-established business links
with the ruling authorities.67
From 1994 until 2000, Ljubica Markovic was the editor-in-chief
of the news-agency BETA. After the 1996-97 anti-regime protests
in Serbia, the number of BETAs clients rose dramatically. Thus,
Markovics work was a way for her to express her opposition to
the Milosevic regime. Like other independent media, however,
BETA faced many problems. Markovic explained, Sometimes it
was very risky. There were times when you didnt know if you
would be able to come to work the next day and do your job.68
It was particularly dangerous during the late nineties as
Milosevic, feeling his power slipping away from him, became
increasingly authoritarian. In 1999, for example, he introduced
an Information Law that inflicted extortionate fines on anyone
who dared to criticize his regime. BETA was fined in May 2000.
Markovic is the half-sister of Milosevics wife (although they
have not had any contact for 25 years), and according to her the
Serbian police tried to use that against her. For example,
On one occasion, a policeman came with a long list of names. He said
that he was representing the Greek-Serbian Association of
Friendship, and he wanted to know if I approved of the people on
the list being given medals. I told him that it was nothing to do with
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me. There were various names on the list, like King Juan Carlos and
Ratko Mladic. Number 46 on the list was Mirjana Markovic. Before he
left, the policeman said to me, Remember number 46. Ill be back.
He never did come back, but it was very unsettling. On another occasion, a policeman came to BETA. We didnt know how he got into the
building. He kept saying to one of my colleagues, Do you know that
she [Ljubica Markovic] does not have a good relationship with her
half-sister? Again, he said that he would come back, but he didnt. It
was very subtle pressure from the secret police, and it was very
unnerving.
The West could have done more to help the Opposition, first of
all by recognizing us. They didnt talk to us. They only talked to
Milosevic. By ignoring us, the West was not accepting reality,
because we existed. A wrong picture of reality was consequently
createdthat everyone in Serbia was for Milosevic and that civil
society did not exist. It took the Opposition a long time to get
access to international organizations and to start a dialogue with
them. The process only really started in 1999-2000.71
According to Koraksic, therefore, the problem is that the West
does not know the right face of Serbia.72 However, perhaps the
real problem is that it does not want to. It is easier to blame Serbia
for everything that happened in the former Yugoslavia if one subscribes to certain stereotypes and ides reues, or received ideas,
that have developed about the country and its people.
Serbian Collective Responsibility
While there is no basis for arguing that the Serbs are collectively guilty, perhaps there is a case to be made for Serbian collective responsibility. While the two concepts may appear very
similar, they should not be conflated, as Arendt has emphasized.
According to her, collective responsibility is always political. That
is to say that every government assumes responsibility for the
deeds and misdeeds of its predecessors and every nation for the
deeds and misdeeds of the past.73 In her view, moreover, the
only way in which to escape from this political and strictly collective responsibility is to leave the community. Thus, refugees
and stateless people are the only totally non-responsible
people.74 For Arendt, however, the key point is that we can be
responsible without being guilty. Thus, she insists on a sharper
dividing line between political (collective) responsibility, on one
side, and moral and/or legal (personal) guilt, on the other. . . .75
Summarizing her position on collective responsibility, Arendt
concludes, . . . no moral, individual and personal standards of
conduct will ever be able to excuse us from collective responsibility. This vicarious responsibility for things we have not done,
this taking upon ourselves the consequences for things we are
entirely innocent of, is the price we pay for the fact that we live
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our lives not by ourselves but among our fellow men, and that
the faculty of action which, after all, is the political faculty par
excellence, can be actualized only in one of the many and manifold forms of human community.76
This rationale for collective responsibility brings to mind what
Karl Jaspers calls metaphysical guilt. According to Jaspers, metaphysical guilt is the feeling produced by the knowledge of crime
and can be understood as a universal sentiment which interferes
with a persons conception of the self as fully human. Just as,
according to Arendt, human solidarity justifies collective responsibility, so too does it lie at the heart of Jaspers metaphysical guilt.
As the latter explains, There exists a solidarity among men as
human beings that makes each co-responsible for every wrong
and every injustice in the world, especially for crimes committed
in his presence or with his knowledge. If I fail to do whatever I can
to prevent them, I too am guilty.77
Although Jaspers speaks of metaphysical guilt, guilt is a legal
concept that refers to a specific status defined by an act of a judicial institution.78 What Jaspers is discussing are states of feeling
and self-assessment. According to Gordy, therefore, it is more
appropriate to speak of metaphysical responsibility, and for
him this concept is highly persuasive. In his words, Following
Jaspers, at least one form of collective responsibility, his metaphysical guilt, is common to every person. We do not have to
share his mysticism to understand feelings of responsibility as
functioning only partly on the level of the individual, and partly
in the context of identities and relationships. In this sense
responsibility has to do with our sense of who we are, our sense
of one another, and peoples sense of us. Collective perceptions
and feelings are involved at all these levels.79
It is in this metaphysical sense, it is argued, that we can
speak of the collective responsibility of the Serbian people. The
point is that although no one is responsible for others in the
sense that he is answerable for the conduct of others, we are all
extensively responsible for our fellows in the sense that we have
duties towards them. . . .80 In short, all of us, to cite Lewis, have
duties to further the wellbeing of others, independently of any
advantage to ourselves.81
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Furthermore, we can speak of the Serbs collective responsibility not only in a metaphysical sense. According to Jaspers, It
clearly makes sense to hold all citizens of a country liable for the
results of actions taken by their state,82 regardless of whether or
not they supported those actions. Hence, it can be argued that the
Serbs are collectively responsiblerather than guiltyin this
political sense. This responsibility is based on citizenship, and as
such it attaches not only to Serbs but also to national minorities in
Serbia. The important point, however, is that there can be collective responsibility without collective guilt. Indeed, as Jaspers
rightly emphasizes, A people as a whole can be neither guilty nor
innocent, neither in the criminal nor in the political (in which only
the citizenry of a state is liable) nor in the moral sense.83
Certainly from a practical point of view, it is far more useful to
speak of collective responsibility than collective guilt. As
Arendt famously argued, Where all are guilty, nobody in the last
analysis can be judged.84 Indeed, every war crimes tribunal to
date has expressly rejected the idea of collective guilt.85 Gordy,
for his part, maintains that conceptions of collective guilt, while
often politically popular, do not assist the process of dealing with
responsibility,86 and establishing responsibility is an essential
part of any peace-building process. To cite Kovacevic, The
process of discovering the truth and establishing who is responsible for committed crimes helps in the recovery of individuals
and the community from suffered traumas and systematical pressures they were subjected to.87 In this respect, the potential
importance of metaphysical responsibility is that it appeals to
elemental human solidarity, and the moment people empathize
with the victimized, they turn against the killers.88
Of course it might be argued that the notion of metaphysical
responsibility, in particular, is excessively broad and even unhelpful. However, it can be counter-argued that the concept reflects
the realities of the inter-dependent world in which we now live,
as well as the duties that arise from that inter-dependency. Rather
than diluting responsibility, the idea of metaphysical responsibility actually strengthens it, by reminding us of our obligations to
each other as human beings. Furthermore, it is a very specific
concept in the sense that it requires people, not as nations but
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685
unleashing illegitimate wars, and it is such warmongering behaviour that essentially defines the criminal leader. Speaking in March
1999 at the start of the Kosovo War, for example, President Clinton
described Milosevic as . . . a dictator who has done nothing since
the Cold War ended but start new wars and poor gasoline on the
flames of ethnic and religious division.91
Historically, war has been seen as something normal and legitimate. As Howard argues, War has been throughout history a
normal way of conducting disputes between political groups.92
However, this is no longer the case. In the words of Mueller,
Over the last century or two, war in the developed world has
come widely to be regarded as repulsive, immoral, and uncivilized.93 One explanation for this change in attitudes towards war
is the postCold War decline of the Realist paradigm and the subsequent rise of Liberalism as an ideology. For realists, war is a
rational response by states to the security dilemma created by
the anarchical nature of the international system. In contrast,
Liberalism was and is, in large part, an expression of revulsion
against illegitimate violence: that of tyrants at home and of
aggressors abroad.94 Consequently, . . . liberalism has made an
important contribution to challenging the position of war as a
standard feature of international political life.95 If attitudes
towards war are changing, this necessarily affects how we perceive those who start, or are seen to have initiated, armed conflict. To cite Duffield, The condemnation of all violent conflict by
liberal peace means that the leaders of violent conflicts are automatically problematised. By their own actions, they risk placing
themselves beyond the limits of cooperation and partnership.
This is regardless of whether they are guilty of war crimes, as
many are, or defending themselves from dispossession or
exploitation, which some may be.96
Such developments have important implications for the
notion of collective guilt, since an obvious corollary of the criminal leader is the criminal nation. In short, as more leaders are
deemed to be criminal, it is possible that more nations will be
held to be collectively guilty. This potential for an increased
usage of the term collective guilt, and the enormous injustices
it would entail, necessitates new discussion and debate. The
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no one is a total denier or non-denier, still less in denial or out of denial permanently.
Rather, people give different accounts to themselves and others; elements of partial denial
and partial acknowledgement are always present; we oscillate rapidly between states.
Stanley Cohen, States of Denial: Knowing about Atrocities and Suffering (Cambridge, UK:
Polity Press, 2001), 54.
Carla Del Ponte, Prosecutions Opening Statement, http://www.un.org/icty/transe54/
020212IT.htm (accessed 14 January 2005).
Robert M. Hayden, Schindlers Fate: Genocide, Ethnic Cleansing, and Population
Transfers, Slavic Review 55:4(1996): 742-43.
According to a survey by the International Republican Institute in Belgrade in late
September 2005, for example, 35 percent of the 2,237 respondents said that Srebrenica was
a war crime, 25 percent said that it was a war necessity, 10 percent said that it was a massacre, and 4 percent claimed that they did not know of it. International Republican
Institute, Serbia (September 2005). Personal correspondence with Aaron Presnall from the
Jefferson Institute in Belgrade.
Srebrenica can thus be seen as an example of what Cohen terms implicatory denial; this
occurs when there is no attempt to deny either the facts or their conventional interpretation. What are denied or minimized are the psychological, political or moral implications
that conventionally follow. Cohen, States of Denial, 8.
Rosalyn Higgins, Statement to the Press by H.E. Judge Rosalyn Higgins, President of the
International Court of Justice (2007), http://www.icj-cij.org/presscom/index.php?pr=1898&
p1=6&p2=1&search=%22icty%22&PHPSESSID=db49b03ad074d149813d9a7b93f329d7
(accessed 1 March 2007).
Cited in Hayden, Schindlers Fate, 730.
David Cooper, Collective Responsibility, Moral Luck, and Reconciliation, in War Crimes and
Collective Wrongdoing; A Reader, ed. Aleksandar Jokic (Malden, MA: Blackwell, 2001), 209.
H. D. Lewis, Collective Responsibility, in Collective Responsibility: Five Decades of Debate
in Theoretical and Applied Ethics, ed. Larry May and Stacey Hoffman (Lanham, MD:
Rowman & Littlefield, 1991), 28.
Lewis, Collective Responsibility, 29.
Cedric Thornberry has pointed out that following Operation Storm, Croatia became the
most ethnically pure state in the whole of the former Yugoslavia. Cited in Robert Thomas,
Serbia under Milosevic: Politics in the 1990s (London: Hurst, 2003), 13.
Cited in Hayden, Schindlers Fate, 738.
Vesna Nikolic-Ristanovic, Social-Historical Context, Victimization, and Truth and
Reconciliation Process in Serbia So Far (2003), http://64.233.183.104/search?q=cache:
Up9i6NAWrLMJ:www.vds.
org.yu/file/VesnaNikolic-Ristanovic.doc+vesna+nikolic+ristanovic&hl=en&gl=uk&ct=clnk&cd=2 (accessed 25 August 2006).
Cited in Elazar Barkan, The Guilt of Nations: Restitution and Negotiating Historical
Injustices (Baltimore: John Hopkins University Press, 2000), xvii.
Roger Cohen, Hearts Grown Brutal: Sagas of Sarajevo (New York: Random House,
1998), 194.
Sabrina P. Ramet, Balkan Babel: The Disintegration of Yugoslavia from the Death of Tito to
the Fall of Milosevic, 4th ed. (Boulder, CO: Westview, 2002), 36.
Dijana Vukomanovic, Documentary Appendix, in Challenges of Parliamentarism: The
Case of Serbia in the Early Nineties, ed. Vladimir Goati (Belgrade, Serbia: Institute of Social
Sciences, 1995), 274.
Vukomanovic, Documentary Appendix, 275.
Vukomanovic, Documentary Appendix, 268.
Vukomanovic, Documentary Appendix, 270.
Srecko Mihailovic, The Parliamentary Elections of 1990, 1992, and 1993, in Challenges of
Parliamentarism: The Case of Serbia in the Early Nineties, ed. Vladimir Goati (Belgrade,
Serbia: Institute of Social Sciences, 1995), 55.
Vukomanovic, Documentary Appendix, 272.
Mihailovic, The Parliamentary Elections, 58.
Yugoslav United Left was the political party of Milosevics wife, Mira Markovic.
689
47. Slododan Antonic, Zarobljena Zemlja: Srbija za vlade Slobodana Milosevic a [A Closed
Nation: Serbia under Milosevic] (Belgrade, Serbia: Otkrovenje, 2002), 507.
48. Goldhagen, A New Serbia, 16.
49. Slobodan Milosevic, Od Gazimestana do Seveningena [From Gazimestan to
Scheveningen] (Belgrade, Serbia: Harprom, 2001), 22.
50. Milosevic, Od Gazimestana, 84.
51. For example, according to research by the Institute of Social Sciences in Belgrade in
November 1990, 68 percent of pensioners, 51 percent of farmers, and 48 percent of housewives supported the Socialist Party of Serbia. In contrast, only 2.5 percent of pensioners, 2
percent of farmers, and 4 percent of housewives voted for the Democratic Party, and just
2.5 percent of pensioners, 12 percent of farmers, and 11 percent of housewives voted for
the Serbian Renewal Movement. Srbobran Brankovic, Social Class and Political Affiliation,
in Challenges of Parliamentarianism: The Case of Serbia in the Early Nineties, ed.
Vladimir Goati (Belgrade, Serbia: Institute of Social Sciences, 1995), 87-88.
52. Ramet, for example, contends that Milosevic built his power on a foundation of hatred and
xenophobia. . . . Ramet, Balkan Babel, 308. She further claims that of all the ex-Yugoslav
republics, only Milosevics regime relied on the inculcation and nurturing of hatred in the
first place to develop support. Ramet, Balkan Babel, 351. For his part, Zimmermann refers
to the ethnic hatred sown by Milosevic and his ilk. . . . Warren Zimmermann, Origins of a
Catastrophe: Yugoslavia and Its DestroyersAmericas Last Ambassador Tells What
Happened and Why (New York: Times Books, 1996), 41.
53. As part of the authors doctoral research, 18 semi-structured interviewees were conducted
with various national minorities in Serbia and Kosovo in the summer of 2004. According to
a male ethnic Hungarian interviewee in Novi Sad, Minorities supported Milosevic because
of the money and privileges they received. There was a part of society that got richer and
richer in that period. Author interview, Novi Sad, 7 September 2004. For his part, a male
Kosovar Albanian interviewee in Vucitrn similarly explained that there were always some
Albanians who were loyal to Milosevic. He paid them well and they enjoyed many privileges
and opportunities. . . . Author interview, Vucitrn, 24 August 2004.
54. Eric Gordy, Accounting for a Violent Past by Other than Legal Means, Southeast European
and Black Sea Studies, 3:1(2003): 3.
55. Bieber notes that the term Other Serbia has been used to describe a group of NGOs and
intellectual circles that sought to formulate a non-nationalist alternative to the regime and
courageously oppose the war. Florian Bieber, The Serbian Opposition and Civil Society:
Roots of the Delayed Transition in Serbia, International Journal of Politics, Culture and
Society, 17:1(2003): 83.
56. Duska Anastasijevic (a journalist for Vreme), Slobodanka Ast (a journalist for Vreme),
Professor Ranko Bugarski (a philologist), Professor Filip David (a writer and professor of
Dramaturgy), Miljenko Dereta (head of the Civic Initiative, an NGO), Professor Vojin
Dimitrijevic (a professor of International Law and the director of the Belgrade Centre for
Human Rights, an NGO), Drinka Gojkovic (head of the War Documentation Centre, an
NGO), Predrag Koraksic (a cartoonist), Ljubica Markovic (director of the news-agency
BETA), Jelica Minic (an economist), Milan Nikolic (a sociologist and the director of the
Centre for Policy Analysis), Branka Prpa (the director of the Historical Archives in
Belgrade), Heri S tajner (a media analyst at the Media Centre in Belgrade), and Professor
Srbijanka Turaljic (an electrical engineer and former vice-minister of higher education).
57. Adam LeBor, Milosevic: A Biography (London: Bloomsbury, 2002), 119.
58. Florence Hartman, Milosevic: La Diagonale du Fou Milosevic: The Diagonal of the Insane]
(Paris: Denol, 1999), 50.
59. Author interview with Branka Prpa, New Belgrade, 5 June 2006.
60. Ivan Stambolic had been Milosevics mentor and was instrumental in helping his protg to
climb up the career ladder. Milosevic, however, repaid Stambolic by engineering his removal
from power. After the Eighth Session in September 1987, Stambolic was forced to step down
from the position of Serbian President, to be succeeded by Milosevic. Stambolic was mysteriously kidnapped while out jogging in August 2000. His body was later discovered in 2003.
It is widely believed that Milosevic and his wife were behind Stambolics murder
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93. John Mueller, Retreat from Doomsday: The Obsolescence of Major War (New York: Basic
Books, 1990), 9.
94. Stanley Hoffman, The Crisis of Liberal Internationalism, Foreign Policy 98 (1995): 160.
95. John Macmillan, On Liberal Peace: Democracy, War, and the International Order
(London: Tauris Academic Studies, 1998), 281.
96. Mark Duffield, Global Governance and the New Wars: The Merging of Development and
Security (London: Zed Books, 2001), 129.
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