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| Title | Croatia and the Federal Republic of Yugoslavia (FRY): Military Service |
| Publisher | Immigration and Refugee Board of Canada |
| Country | Croatia | Montenegro | Serbia |
| Publication Date | 1 September 1993 |
| Cite as | Immigration and Refugee Board of Canada, Croatia and the Federal Republic of Yugoslavia (FRY): Military Service, 1 September 1993, available at: http://www.unhcr.org/refworld/docid/3ae6a80c4.html [accessed 24 March 2012] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
As Yugoslavia unravelled itself throughout 1991 and the first half of 1992, the newly- independent republics moved to establish their own armed forces. Slovenia and Croatia were the first to do so on the eve of hostilities in June 1991. By late March 1992 Macedonia had set up an independent army, while Bosnia-Herzegovina delayed until 20 May 1992, at which time up to 70 percent of the republic was occupied by the Yugoslav People's Army (YPA) and Serbian irregular forces (Borba 20 Mar. 1992; Tanjug 13 Apr. 1992; Radio Bosnia-Hercegovina Network 20 May 1992). At the end of June 1992, reports stated that Serbian forces controlled about 65 percent of Bosnia-Herzegovina, Croatian troops about 30 percent and Muslims, the largest ethnic group in the republic, 5 percent (The Economist 11 July 1992; Libération 15 July 1992).
In late April 1992, Serbia and Montenegro proclaimed the two-republic Federal Republic of Yugoslavia (FRY), thus de facto recognizing the independence of Slovenia, Croatia, Bosnia-Herzegovina and Macedonia (BBC Summary 29 Apr. 1992; Libération 26 Apr. 1992). The FRY has not, however, officially recognized those republics because no agreement has been reached on the division of assets and debts of the former Yugoslavia. According to the Embassy of Yugoslavia in Ottawa, such questions will have to await settlement at an international peace conference (2 June 1992).
The uncertain legal position of the new republics vis-à-vis the FRY has complicated the question of military service within the YPA. By the end of 1991, Slovenia, Croatia, Bosnia-Herzegovina and Macedonia had all stopped sending recruits to the YPA. Amid continuing uncertainty over the legal status of many conscripts, however, recruits from Croatia were still serving in the YPA as late as May 1992 (see section 2.1.1 Non-Serbs in the YPA).
By July 1992, the YPA had withdrawn all troops from Slovenia, Bosnia-Herzegovina and Macedonia. At that time, its evacuation of Croatia was continuing with Yugoslav forces still present in some of the former war-zones in the republic.
On 18 July 1991, the collective presidency of Yugoslavia stated that all YPA units would withdraw from Slovenia within three months. The completion of the withdrawal was slightly delayed when the war in Croatia prevented the evacuation of an armoured unit by land. The last YPA troops left the Slovenian port of Kopor on 25 October 1991 (Tanjug Domestic Service 28 Oct. 1991; Österreiche Militär Zeitschrift 1992, p. 28).
The YPA's retreat from Croatia is linked to the United Nations peacekeeping plan, approved by the UN Security Council on 21 February 1992, and which calls for the withdrawal of all Yugoslav forces from Croatia as UN peacekeepers assume control of the so-called United Nations Protected Areas (UNPAs) in the republic (United Nations 11 Dec. 1991, 16).
On 20 May 1992, the peacekeeping force, officially known as the UN Protection Force (UNPROFOR), took control of the easternmost UNPA in eastern Slavonia. According to a Yugoslav press report, the YPA had completed its withdrawal from that area on the same day (Tanjug 20 May 1992). UNPROFOR took control of the UNPA in western Slavonia on 22 June 1992 and the withdrawal of Yugoslav troops was reportedly progressing (Radio Croatia Network 22 June 1992). At the same time, a Croatian offensive on the southern Krajina UNPA delayed UNPROFOR's assumption of responsibilities there, however, one report suggests that the YPA had already vacated that zone (Tanjug 24 June 1992). In late June 1992, the YPA was still in the vicinity of Dubrovnik and negotiations for its withdrawal from that region were underway (Ibid. 22 June 1992).
Thus far, Macedonia has been the only non-FRY republic to avoid armed conflict with the YPA. On 14 February 1992, the Yugoslav presidency decided to remove all Yugoslav forces from the republic (Ibid. 17 Feb. 1992). On 27 March, the pull-out was completed ahead of schedule (RFE/RL 10 Apr. 1992, 68; Tanjug 27 Mar. 1992).
The YPA's withdrawal from Bosnia-Herzegovina has been both more complex and more controversial than previous retreats. On 4 May 1992, the FRY presidency announced that all YPA personnel who were residents of Serbia or Montenegro, i.e., "nationals" of the FRY, were to be returned to their home garrisons within 15 days (The New York Times 6 May 1992; RFE/RL 15 May 1992, 70). The move was immediately criticized because 80 percent of the YPA troops in Bosnia-Herzegovina were reportedly residents of the republic, and the vast majority of those troops were Serbs. The withdrawal order also indicated that all equipment assigned to troops resident in Bosnia-Herzegovina would be left behind (East European Reporter May-June 1992, 7; The New York Times 30 Apr. 1992; RFE/RL 15 May 1992, 70). Thus, by the time the withdrawal was complete about 50,000 Serbs and their equipment had been incorporated into an army of the self-proclaimed Serbian Republic of Bosnia-Herzegovina. A report of 21 July 1992, however, suggests that many of the former YPA soldiers in that army were in fact Serbs from Serbia and Montenegro who had ignored the withdrawal order and remained in Bosnia-Herzegovina (The New York Times 1 June 1992; Le Monde 2 May 1992; The Economist 4 July 1992; The Ottawa Citizen 21 July 1992).
The withdrawal from Bosnia-Herzegovina was also complicated by the continuing blockade of YPA barracks in Sarajevo. On 6 June 1992, however, a Yugoslav military official was cited as stating that the evacuation of those barracks "put a definitive end to the Yugoslav army presence on the territory of Republic of Bosnia-Herzegovina" (Tanjug Domestic Service 6 June 1992; Radio Bosnia-Hercegovina Network 5 June 1992).
On 28 May 1991, the first units of the Croatian National Guard (CNG) were formed (Tanjug Domestic Service 28 May 1991). In the autumn of 1991, the CNG was officially renamed the Croatian Army (Bundesamt für Flüchtlinge 2 Apr. 1992; Österreiche Militär Zeitschrift 1992, 32).
By December 1991, a significant portion of Croatia had come under occupation by the YPA and Serbian irregular forces and was effectively out of the administrative control of the central authorities in Zagreb. In mid-December, the Republic of Serbian Krajina was declared by the local authorities in the districts around Knin controlled by YPA and local Serbian forces. On 23 December 1991, the so-called Serbian Region of Slavonia, Baranja and Western Srem, on Croatia's border with Vojvodina, proclaimed its accession to the Republic of Serbian Krajina. Two days later, the local parliament of the "Serbian Autonomous Region of Western Slavonia" voted to join the Republic. By that time, however, Croatian forces had retaken about two-thirds of the Western Slavonian region (Tanjug Domestic Service 25 Dec. 1991; Ibid. 23 Dec. 1991; Radio Belgrade Network 19 Dec. 1991b).
A mid-July 1992 report in Libération provides a rough indication of the area in Croatia which is currently occupied by the Serbian side and therefore under the jurisdiction of the Republic of Serbian Krajina. Except in western Slavonia and around the town of Glina, this consists of all the districts which form the UNPAs, where UN peacekeepers are deployed, and territory within 11 districts adjacent to the UNPAs, known as "pink zones" (Libération 15 July 1992).
A number of Serbian paramilitary forces have operated in Croatia, the largest of which is the Knin-based Krajina Militia. The status of a "regular army" within the Republic of Serbian Krajina is uncertain due to a political rift within the Republic's leadership. In February 1992, the majority of parliamentarians in the Republic of Serbian Krajina voted to remove the republic's President, Milan Babic (The Ottawa Citizen 17 Feb. 1992; AFP 11 Feb. 1992; UPI 17 Feb. 1992). Babic was subsequently replaced by Goran Hadzic but has maintained a base of power in Knin. On 10 April 1992, however, Babic, still being referred to as "President," signed a decree establishing the Serbian National Guard as the precursor to a regular army of the Republic of Serbian Krajina (Tanjug Domestic Service 10 Apr. 1992). It remains unclear whether this armed force is an all-Republic of Serbian Krajina force or merely a group of fighters loyal to Babic, who has since been critically wounded in an assassination attempt and appears to have declined further as a political force in the Republic of Serbian Krajina (Tanjug 1 July 1992).
Yugoslavia's Compulsory Military Service Law came into force in 1985 and was amended in 1989. Article 22 stipulates that all men between the ages of 18 and 27 are subject to a 12-month period of military service (Official Register 2 Dec. 1985; Bundesamt für Flüchtlinge 30 Apr. 1992; Amnesty International Jan. 1991, 23). In early October 1991, the Yugoslav presidency declared an "imminent danger of war" and ordered a "partial mobilization," thus providing what it stated was the legal basis for calling up reservists for active duty (Tanjug Domestic Service 4 Oct. 1991; Österreiche Militär Zeitschrift 1992, p. 33; Amnesty International 18 Dec. 1991). In practice, however, the YPA had been sending reservists to the front in Croatia for weeks before that decision was reached; and on 10 December 1991, the Yugoslav presidency decreed that military service would be extended by three months for conscripts and that reservists could serve on active duty for up to four months (Tanjug Domestic Service 13 Dec. 1991; Borba 12 Dec. 1991; Radio Belgrade Network 19 Dec. 1991a).
Until the newly-created FRY passes a new military service law, the 1985 law and its 1989 amendments remain in force (Vasic 3 Dec. 1991). By late June 1992, a draft of the new law had reportedly been drawn up in which the length of service remains unchanged, despite previous statements by high-ranking Yugoslav military officials and politicians that the FRY armed forces would include more professionals and that the length of military service would therefore be shorter. A period of six to eight months had been cited (Vasic 26 June 1992; Tanjug 26 Mar. 1992; Politika 21 Mar. 1992; Pobjeda 20 Mar. 1992).
Throughout 1991 military service in the YPA has often been haphazard. Even before the December 1991 decree, reservists complained of being kept on the front to fight after their period of service had ended. One reservist stated in September that he was reclassified as a "volunteer" and forced to serve an additional month, while 1,000 reservists in Kraljevo protested on 9 December 1991 that they had already served four months in Croatia and were now being drafted for an additional four months (Tanjug Domestic Service 9 Dec. 1991; The Christian Science Monitor 24 Sept. 1991). An independent observer recently remarked that no one really knows how long the term of military service is in practice (Vasic 26 June 1992).
Articles 24 and 30 of the military service law stipulate that those studying in university or other post-secondary institutions can defer military service until their studies are complete or until they turn 27, whichever comes first. Once hostilities began in Slovenia and Croatia, however, this was reportedly not the case (Official Register 2 Dec. 1985; Official Register 21 April 1989; Bundesamt für Flüchtlinge 26 Mar. 1992, 8).
In November 1991, the military authorities in Vojvodina also emphasized that refugees from Croatia were subject to military service (Tanjug Domestic Service 4 Nov. 1991). With the proclamation of the FRY, the status of refugees in the eyes of military recruiters would presumably depend on their nationality.
The government of Yugoslavia has also taken steps to restrict the movement of potential conscripts. According to a report from Borba, by early March 1992, all draft-age men required a special "military certificate" in order to leave Yugoslavia (5 May 1992).
In early November 1991, Nenad Canak, the leader of the Social Democratic League of Vojvodina and an outspoken anti-war activist, was conscripted and sent to the front lines around Vukovar. Canak's recruitment was widely seen as a move to silence an opponent of the governments of Yugoslavia and Serbia. On 12 December, however, after considerable protest, Canak was released from service. In late January 1992, Helsinki Watch had received reports of similar cases in which "independent-minded journalists" had been recruited in order to stop their criticism of the war in Croatia (Helsinki Watch 21 Jan. 1992, 19; Bundesamt für Flüchtlinge 30 Apr. 1992, 4).
Reports consulted do not indicate that there is forced recruitment into the various paramilitary units based in Serbia. On 26 June 1992, Milos Vasic, military affairs correspondent for the Belgrade newspaper Vreme, indicated that he had not heard of any such cases; and at least one other report suggests that membership in such units is strictly on a voluntary basis (26 June 1992; Tanjug 2 Oct. 1991).
With the outbreak of hostilities in June 1991 and their prolongation throughout the war in Croatia and fighting in Bosnia-Herzegovina, the YPA has been transformed into a force of almost exclusively Serbs and Montenegrins. By late October 1991, Slovenia, Croatia, Bosnia-Herzegovina and Macedonia had all stopped sending recruits for military service in the YPA. Reports since December 1991 also indicate that Muslims and Albanians are not being called up for armed service because military officials fear that they will either desert with their weapons or turn them on their Serbian and Montenegrin commanders (Vasic 3 Dec. 1991; Bundesamt für Flüchtlinge 30 Apr. 1992, 3).
By 15 August 1991, the vast majority of Slovenes serving in the YPA had left their units and returned to Slovenia (Bundesamt für Flüchtlinge 30 Apr. 1992, 2). Officially, no recruits from Croatia have been sent to serve in the YPA since 1 August 1991. In mid-October 1991, however, the Croatian defence minister demanded that the Yugoslav army release a number of Croatians still in the YPA from their military service (Radio Croatia Network 16 Oct. 1991). As late as 7 May 1992, some Croatians were still being forced to complete their military service in the YPA, but their release was to take place by 27 May under international supervision (Tanjug 20 May 1992).
In August 1991, Macedonia stipulated that its recruits could only carry out their service in Macedonia. By 25 October, however, the government was calling on Macedonian conscripts and reservists to ignore call-up orders in the YPA (Ibid. 25 Oct. 1991; Bundesamt für Flüchtlinge 30 Apr. 1992, 5). Despite these efforts, a number of Macedonian conscripts remained in the YPA. According to the republic's president, by early March 1992, 42 Macedonian soldiers had been killed in fighting. On 3 April, the defence minister stated that a small number of Macedonians were still on the front lines. While it was unclear whether they were conscripts or volunteers, they were to return to Macedonia by the end of April 1992 (Tanjug Domestic Service 3 Apr. 1992; Vreme 2 Mar. 1992).
Like Macedonia, the government in Bosnia-Herzegovina declared in August 1991 that its recruits to the YPA could only serve in their home republic. Later in the month, it prohibited the YPA from recruiting in the republic. On 19 September 1991, the Bosnia-Herzegovina collective presidency decided to stop sending recruits to the YPA, however, Serbs in the republic were reportedly continuing to obey the call-up (Radio Sarajevo Network 21 Nov. 1991; Bundesamt für Flüchtlinge 30 Apr. 1992, 4). In November 1991 and January 1992, the government of Bosnia-Herzegovina stated that the YPA was recruiting "illegally" in the republic. The government protested what it saw as a case of forced recruitment in Bosanski Petrovac in January (Radio Sarajevo Network 21 Nov. 1991; Tanjug Domestic Service 13 Jan. 1992; Radio Sarajevo Network 18 Jan. 1992).
The creation of the FRY in late April 1992 may finally settle the issue of recruits from Slovenia, Croatia, Bosnia-Herzegovina and Macedonia, as the Constitution of the Federal Republic of Yugoslavia states that only nationals of the new Yugoslavia can serve in its armed forces. According to the Embassy of Yugoslavia in Ottawa, however, all those who are permanent residents of the FRY can be conscripted into the YPA (2 June 1992; Tanjug 7 May 1992).
Within the province of Vojvodina, which remains part of the FRY, conscription has been a controversial issue for the Hungarian minority. While reports differ, Hungarian representatives have charged the government with recruiting disproportionately large numbers from their community to compensate for the shortfall in conscripts from republics that have left the federation. A leading member of the Democratic Community of Vojvodina Hungarians has recently revealed information, reportedly provided by the Yugoslav presidency, which indicates that Hungarian recruits account for 16 percent of the YPA although the Hungarian minority represents only three percent of the FRY's population (DAZ 24 July 1992).
A draft of Croatia's military service law was presented to the National Assembly on 20 June 1991. The draft law provided for compulsory military service of ten months for men between the ages of 17 and 27 as well as reserve duty for men up to the age of 60 and women between the ages of 19 and 50. Subsequent reports state that the minimum age for conscription is 18 but they confirm the length of service at ten months (Office of Croatia 2 June 1992; Vukas 3 Feb. 1992; Tanjug Domestic Service 20 June 1991).
By early June 1992, a new military service law was being considered by the National Assembly which would reportedly reduce the term of service to six months. A shortened "peacetime" period of service was mentioned by Martin Spegelj, the commander of the Croatian army, in mid-January 1992 (Vjesnik 12 Jan. 1992; Office of Croatia 2 June 1992). At this time, the DIRB is awaiting a copy of the most current Croatian military service law.
According to one report, the government of Croatia ordered a de facto general mobilization in early October 1991, a move which was made official in early November (Österreiche Militär Zeitschrift 1992, 32; Vasic 3 Dec. 1991). There is little information on how recruitment has been carried out in practice, although Helsinki Watch has criticized the government for what it believed was the politically motivated recruitment of Judge Emir Midzic. On 24 December 1991, Judge Midzic had ruled that Mile Dedakovic should be released from detention pending the completion of an investigation. Dedakovic had commanded the defeated Croatian forces in Vukovar and his arrest on charges of embezzlement was widely believed to be a political case. Midzic was drafted after his ruling and served for three weeks at the front. By February 1992, however, he was released from duty and was again hearing cases (Helsinki Watch 13 Feb. 1992, 23-4).
The government of Croatia has restricted the movement of draft-age men. Since September 1991, men of draft age have reportedly required official permission to travel abroad, and on 21 November 1991, the Croatian defence ministry announced that the men must register with local authorities and obtain the permission of the local defense authorities to move outside their "place of permanent residence." Those who disobeyed would face detention and other legal sanctions (Bundesamt für Flüchtlinge 2 Apr. 1992; HTV Television 21 Nov. 1991).
With the gradual implementation of the United Nations peacekeeping plan, the government of Croatia announced in late February 1992 that 20,000 reservists in the Croatian army would be demobilized. By 22 March 1992, according to one Zagreb daily, 16,000 of those reservists had been demobilized (RFE/RL 3 Apr. 1992, 77; Tanjug Domestic Service 28 Feb. 1992).
Recent reports suggest that recruitment has been taking place within the Republic of Serbian Krajina, although it is unclear whether conscription occurs under the jurisdiction of central or local authorities. On 15 April 1992, the local authorities in Baranja stated that "all able-bodied men between 15 and 60...are on [the region's] first line of defence" (Tanjug Domestic Service 15 Apr. 1992). Reports indicate that a general mobilization in the Knin area has been in effect since mid-May (Tanjug Domestic Service 10 May 1992; The New York Times 25 June 1992).
In April 1989, Article 22 of the Yugoslav military service law was amended to read, "a serviceman who, for reasons of religious conviction, refuses to accept weapons, does a term of military service for a period of 24 months" (Official Register 21 Apr. 1989). While Amnesty International indicates that this applies to a number of religious denominations, a March 1992 report mentions only Jehovah's Witnesses as having availed themselves of this limited form of alternative service in Yugoslavia (Bundesamt für Flüchtlinge 26 Mar. 1992, 8; Amnesty International 18 Dec. 1991).
According to a report from Tanjug Domestic Service, the Constitution of the FRY states that "a citizen who does not wish to do his regular military service for religious and other conscientious objections can do his national service in the Yugoslav army without weapons or in civilian service" (27 Apr. 1992). These new provisions for alternative service must, however, be clarified in law and will, presumably, be dealt with in the new military service law (Ibid.; Politika 31 Mar. 1992). According to Milos Vasic, however, in practice both religious and pacifist conscientious objectors have been able to perform alternative service within the military. Vasic indicates that it depends on how well one argues one's case (26 June 1992).
In early 1992, a professor of law in Zagreb provided a description of Article 82 of the Croatian military service law. He indicated that the law stipulates that those objecting to military service on religious or moral grounds can perform alternative service (Vukas 3 Feb. 1992). On 2 June 1992, an official in the Office of Croatia in Washington, D.C. added that such alternative service is for 20 months and has included office work within the military or work as an ambulance driver in the civilian sector (2 June 1992). In early September 1992, however, Zoran Ostric, a member of the Centre for Peace, Non-violence and Human Rights (CPNHR) in Zagreb indicated that, thus far in 1992, those applying for a purely civilian form of alternative service had often been refused and subsequently had to perform unarmed service within the army. Ostric also indicated that of 100 cases involving former YPA reservists eligible for reserve duty in the Croatian army, 70 had been granted alternative service but only within the army (4 Sept. 1992).
In August 1992, two conscripts from Split who had requested alternative service were inducted into the army while their applications were being considered. Before a decision was made, they were both killed in action. The CPNHR is requesting that the government ensure that all decisions on alternative service are made before recruits begin their service (Ostric 4 Sept. 1992).
Seventh Day Adventists, who object to all forms of service within military organizations, reportedly have sufficient access to purely civilian alternative service in Croatia. According to the CPNHR, Seventh Day Adventists have completed their service by repairing houses that have been destroyed during the war. The Centre added, however, that many of the decisions associated with alternative service depend less on the law than on the whim of individual military officials (Ibid).
The war in Croatia has been unpopular within large segments of the population in the FRY, especially in the cities of Belgrade and Novi Sad. Consequently, numerous reports indicate that thousands of draft-age men have evaded military service or deserted their units after being sent to the front lines. Such evasion or desertion was taking place as early as September 1991 and has often involved reservists (Bundesamt für Flüchtlinge 30 Apr. 1992).
On 11 December 1991, a military prosecutor for the YPA stated that 10,000 men had failed to obey the draft (Tanjug Domestic Service 11 Dec. 1991). This figure was probably understated in that only five days later, the commanding officer of the Kragujevac Corps stated that in the area of his jurisdiction alone, 6,000 reservists had evaded the call-up. A report of 18 December 1991 also cites "military sources" who believed that at least 20,000 men from Serbia had evaded the draft or deserted their units (Amnesty International 18 Dec. 1991; Tanjug 16 Dec. 1991). A large number of men have avoided conscription by leaving the country. A mid-November 1991 report indicates an increasing trend in this regard and by 1 May 1992, a U.S. daily reported that 100,000 men had gone abroad or were in hiding to escape the draft (The New York Times 1 May 1992; Tanjug 18 Nov. 1991).
The situation in Vojvodina is complicated by the sizeable Hungarian minority, which believes it has shouldered a disproportionate burden in the YPA's drive to maintain manpower with the shortfall in recruits from other ethnic groups after June 1991 (see section 2.1.1 Non-Serbs in the YPA). In April and May 1992, young men in Vojvodina were openly flouting call-up orders, supported by mass demonstrations and opposition political parties in province (Kossuth Radio Network 11 Apr. 1992; Magyar Szo 15 May 1992).
The fighting in Bosnia-Herzegovina has put Muslims in the southern Serbian region of Sandzak in a particularly difficult position. In mid-August 1992, the National Muslim Council of Sandzak announced that all Muslims in the region would refuse to serve in the YPA until the war in Bosnia-Herzegovina stopped (AFP 18 Aug. 1992).
In Montenegro, evasion and desertion are less of a problem, according to the republic's defence minister. In an interview published on 27 March 1992, Bozidar Babic stated that 80-90 percent of reservists had responded to call-ups although some men, particularly in Titograd, were tenaciously avoiding conscription (Pobjeda 27 Mar. 1992).
Penalties associated with the avoidance of military service or desertion vary according to whether the offence occurs during peacetime or during a declared state of war. According to two reports, those who refuse to serve in the army can be punished under Articles 201, 202 and 214 of the Yugoslav Criminal Code. The penalties associated with those articles range from a fine to ten years of imprisonment for offences such as "refusal to obey orders," "refusal to take up and use arms" and "not responding to military call-up and avoiding military service" (Amnesty International Jan. 1991, 23; Bundesamt für Flüchtlinge 26 Mar. 1992, 11). In addition, Article 121 of the Yugoslav Criminal Code states that the penalty for "undermining the military and defence power of the state" carries a prison sentence of three to fifteen years (Amnesty International 18 Dec. 1991). A report of May 1991 states that the penalty for desertion is six months to five years of imprisonment but that in some circumstances, those convicted face "disciplinary measures" rather than prison terms (Delo 6 May 1991). In December 1991, Milos Vasic indicated that reservists who desert faced 60 days of imprisonment or a fine for a misdemeanour (Vasic 3 Dec. 1991).
According to Amnesty International, all offences committed under Articles 201, 202 and 214 carry a possible death sentence during wartime (Jan. 1991). A later report from Amnesty International states that the wartime provisions for punishing those who evade military service or desert range from 15 years of imprisonment to death (23 Oct. 1991). In October 1991, however, Yugoslav military legal experts indicated that only professional soldiers who refuse to take up arms during a state of war and those who flee abroad to avoid military service face a possible death penalty. Conscripts who avoid the draft or refuse to take up arms, or reservists who ignore call-up face penalties of one to ten years of imprisonment, according to those experts (Tanjug 5 Oct. 1991; Amnesty International Jan. 1991, 23).
In early October 1991, the Yugoslav presidency declared an "imminent danger of war." Although the legality of the announcement was contested because only four of eight presidency members attended the session, the declaration was seen by some as providing for the harsher wartime punishments cited above (Tanjug 5 Oct. 1991; Bundesamt für Flüchtlinge 30 Apr. 1992, 6; Amnesty International 23 Oct. 1991). One observer stated in early December 1991, however, that no official state of war had been declared. On 20 May 1992, the presidency of the FRY rescinded the "imminent danger of war" declaration (RTB Television Network 20 May 1992).
Several reports in December 1991 cite military officials or other military sources which indicate that the penalties in practice would be considerably more lenient than those set out by law. For instance, only those deserters who had taken weapons with them would face criminal charges; otherwise they would be fined. Charges would be dropped against those who return to the units, even if their trial was already underway, according to one military source (Tanjug Domestic Service 11 Dec. 1991; Radio Belgrade Network 16 Dec. 1991; Amnesty International 18 Dec. 1991).
In October 1991, according to a YPA official, 856 investigations into draft or call-up evasion had been opened (Tanjug Domestic Service 11 Dec. 1991). On 16 December, however, the commander of the Kragujevac Corps stated that 2,500 reservists in his district had been detained and 600 charged with evading military service (Tanjug 16 Dec. 1991).
Only one trial of deserters has been widely reported. On 11 October 1991, six men who deserted their unit in Croatia were convicted in Nis, Serbia and sentenced to between four and six months of imprisonment (Ibid. 15 Oct. 1992; Bundesamt für Flüchtlinge 30 Apr. 1992, 6; Vasic 3 Dec. 1991). Some of the sentences are thus less than the minimum penalty set out for such offences even in peacetime.
On 19 December 1991, two reservists from Aleksinac were to go on trial charged under Article 121 of the Yugoslav Criminal Code (Amnesty International 18 Dec. 1991). Subsequent reports do not indicate the outcome of their case. According to Milos Vasic, in early December 1991, hundreds of reservists had been charged with misdemeanour offences but all sentences were awaiting the outcome of appeals (3 Dec. 1991).
Numerous reports consulted do not indicate any other trials or convictions against conscripts or reservists who have evaded service or deserted. According to Vasic, in late June 1992, the military authorities were proceeding cautiously for fear of inducing a massive public outcry (26 June 1992). During the last months of 1991, an active anti-war movement sprang up in Serbia, evident most recently in anti-government demonstrations in June 1992 involving thousands of protesters (Le Monde Diplomatique July 1992; The Economist 20 June 1992).
On 10 July 1992, the YPA submitted the draft of an amnesty law to the Yugoslav Federal Assembly. The law proposed halting all trials against draft evaders and deserters currently in session and pardoning all those who had thus far been convicted and were serving prison terms for those offences. Military officials did not provide any information on the number of people who had been convicted or against whom charges had been laid (BBC Summary 14 July 1992). In early August 1992, in association with an upcoming exchange of prisoners between Croatia and the FRY, both sides were discussing legal measures which would give amnesty to all returning soldiers for all offences, except war crime, committed during their period of service. Subsequent reports consulted do not confirm whether these measures have been implemented (AFP 7 Aug. 1992).
Very little information is available at this time on the extent to which evasion of military service and desertion from Croatian army units is taking place. A mid-February 1992 report indicates that many of the Croatian refugees in Slovenia and other countries were young men evading military service (BBC Summary 19 Feb. 1992).
There is no information available to the DIRB at this time as to the penalties for evasion or desertion, nor do any of the numerous reports consulted provide information on whether or not charges and/or trials have been conducted with respect to those offences.
Formed in the wake of Yugoslavia's partisan struggle during World War II, the YPA has always been an ideological force committed to the political monopoly of the Communist Party and the continuation of the Yugoslav federation. Yugoslavia's disintegration temporarily deprived the army of its raison d'être; however, the YPA leadership, like Yugoslav politicians, has adopted nationalism as the new ideology in order to secure its standing. As Milos Vasic states, "the generals were Communists, then nationalists. Tomorrow they will be freemasons if that is what it takes to keep their jobs" (The Economist 22 May 1992; International Defence Review 1992, 19; The Christian Science Monitor 24 Sept. 1991).
Unlike in the former Soviet Union, where jurisdictional questions have arisen over whether recruits should serve with an independent republican armed force or with the multi-national army of the Commonwealth of Independent States (CIS), military service issues in the former Yugoslavia are more clear. The situation for conscripts who began their service in the YPA before their home republic created an independent army has been, however, unclear. Currently, the number of non-FRY nationals being forced to serve in the YPA appears to be minimal. One possibility is that some recruits from the now independent republics, who have completed their service with the YPA or who should have been returned to their home republic, are being held prisoner for future exchanges. This could especially be the case with Croats who are allegedly still under YPA jurisdiction.
A comparison of military service issues in Croatia and the newly-proclaimed Federal Republic of Yugoslavia indicates that service is shorter in Croatia and that there is, at this time, a broader system of alternative service in that republic than in the FRY. Despite widespread incidents of desertion and evasion of military service within the YPA, reports consulted do not indicate that there has been a concerted effort to bring those guilty of such offences to trial nor that those who have been convicted have faced sentences less severe than stipulated by law.
See original
Agence France Presse (AFP). 18 August 1992. "La guerre fait rage a Sarajevo et dans le reste de la Bosnie." (NEXIS)
Agence France Presse (AFP). 7 August 1992. "Accord entre la Croatie et la Yougoslavie sur la libération des prisonniers de guerre d'ici le 14 août." (NEXIS)
Agence France Presse (AFP). 11 February 1992. "Un soldat croate tué et deux autres blessés dans une attaque contre Vinkovci, selon l'agence Hina." (NEXIS)
Amnesty International. 18 December 1991. Urgent Action. (AI Index: EUR 48/33/91). London: Amnesty International.
Amnesty International. 23 October 1991. "Yugoslavia: Threat of Death Penalty for Conscientious Objection." (AI Index: EUR 48/WE 07/91).
Amnesty International. January 1991. Conscientious Objection to Military Service. (AI Index: POL 31/01/91). London: Amnesty International Publications.
BBC Summary of World Broadcasts. 14 July 1992. "Yugoslav Army Proposes Amnesty For Deserters." (NEXIS)
BBC Summary of World Broadcasts. 29 April 1992. "Tanjug Outlines Details of New Yugoslav Constitution." (NEXIS)
BBC Summary of World Broadcasts. 19 February 1992. "A Further 4,000 Croatian Refugees Leave Slovenia." (NEXIS)
Borba [Belgrade, in Serbo-Croatian]. 5 May 1992. "New FRY Border Posts, Regulations Detailed." (FBIS-EEU-92-095 15 May 1992, p. 48)
Borba [Belgrade, in Serbo-Croatian]. 20 March 1992. "General Arsovski Appointed Chief of Staff." (FBIS-EEU-92-060 27 Mar. 1992, p. 50)
Borba [Belgrade, in Serbo-Croatian]. 12 December 1991. "Effect of Decision To Extend Military Service." (FBIS-EEU-91-242 17 Dec. 1991, p. 41)
Bundesamt für Flüchtlinge. 30 April 1992. "Rekrutierung, Refraktion und Desertion in der jugoslawishcen Bundesarmee [Recruitment, Evasion of Military Service and Desertion in the Yugoslav Army]."
Bundesamt für Flüchtlinge. 2 April 1992. "Rekrutierungskriterien der kroatischen Nationalgarde [Recruitment Criteria of the Croatian National Guard]."
Bundesamt für Flüchtlinge. 26 March 1992. "Länderspezifische Informationen zu Jugoslawien und Kosovo [Country-Specific Information on Yugoslavia and Kosovo]."
The Christian Science Monitor [Boston]. 24 September 1991. Robert Marquand. "Yugoslavs Seek Respite From War to Regroup."
DAZ [Zurich. 24 July 1992. "Der Krieg rückt immer näher [The War Comes Ever Closer]."
Delo [Ljubljana, in Slovene]. 6 May 1991. "Rumours of Slovene Draftee Desertions Circulate." (FBIS-EEU-91-100 23 May 1991, p. 28)
East European Reporter [Budapest]. May-June 1992. "Descent into War: Bosnia-Herzegovina Since the Referendum."
The Economist [London]. 11 July 1992. "A Patchwork of Horrors."
The Economist [London]. 4 July 1992. "The Relief of Sarajevo."
The Economist [London]. 20 June 1992. "A Bully, But Our Bully."
The Economist [London]. 22 May 1992. "Pattern of Evil."
Embassy of Yugoslavia, Ottawa. 2 June 1992. Telephone Interview with Embassy Official.
Helsinki Watch. 13 February 1992. Letter addressed to Franjo Tudjman, President of the Republic of Croatia.
Helsinki Watch. 21 January 1992. Open letter to Slobodan Milosevic, President of the Republic of Serbia and General Blagoje Adzic, Acting Minister of Defense [of Yugoslavia]."
HTV Television [Zagreb, in Serbo-Croatian]. 21 November 1991. "Republic Restricts Movements of Draft-Age Males." (FBIS-EEU-91-226 22 Nov. 1991, p. 45)
International Defence Review [Colsdon, UK]. 1992. No. 1. Tammy Arbuckle. "Yugoslavia: Strategy and Tactics of Ethnic Warfare."
Kossuth Radio Network [Budapest]. 11 April 1992. "Vojvodina Magyars Boycott Mobilization Order." (FBIS-EEU-92-072 14 Apr. 1992, p. 58)
Libération [Paris]. 15 July 1992. Véronique Soule. "En Croatie, le cessez-le-feu sans la paix," p. 5.
Libération [Paris]. 26 April 1992. "Belgrade fait Yougoslavie à part."
Magyar Szo [Novi Sad, in Hungarian]. 15 May 1992. "Crowd Gathers To Support Mobilization Resisters." (FBIS-EEU-92-109 5 June 1992, p. 58)
Le Monde [Paris]. 2 May 1992. Florence Hartmann. "Apres la creation d'une federation serbo-montenegrine." (NEXIS)
Le Monde Diplomatique [Paris]. July 1992. Catherine Lutard. "La Serbie en plein désarroi."
The New York Times. 25 June 1992. "U.N. Official Warns Threat of New War Is Rising in Croatia."
The New York Times. 1 June 1992. John F. Burns. "In Sarajevo, Anger and Grief amid Ruins."
The New York Times. 6 May 1992. Chuck Sudetic. "Forces in Bosnia Begin to Unravel."
The New York Times. 1 May 1992. John F. Burns. "Their Image Poisoned, the Serbs Voice Dismay."
The New York Times. 30 April 1992. John F. Burns. "Truce Collapsing in Yugoslav Area."
Official Register of the Socialist Federative Republic of Yugoslavia. 21 April 1989. Number 26. "Law on Amendments and Addenda to the Compulsory Military Service Law."
Official Register of the Socialist Federative Republic of Yugoslavia. 2 December 1985. Number 65. "Compulsory Military Service Law."
Office of Croatia, Washington, D.C. 2 June 1992. Telephone Interview with Official.
Ostric, Zoran. 4 September 1992. Zoran Ostric, a member of the Centre for Peace, Non-violence and Human Rights (CPNHR), Zagreb, Croatia.
The Ottawa Citizen. 21 July 1992. Kitty McKinsey. "Truce an Exercise in Cynicism."
The Ottawa Citizen. 21 July 1992. 17 February 1992. "Ousted Serbian Leader Refuses to Go."
Österreiche Militär Zeitschrift. 1992. No. 1. "Zur Lage in Jugoslawien [On the Situation in Yugoslavia]."
Pobjeda [Titograd, in Serbo-Croatian]. 27 March 1992. "Defense Minister Interviewed on Policy Changes." (FBIS-EEU-92-072 14 Apr. 1992, p. 49)
Pobjeda [Titograd, in Serbo-Croatian]. 20 March 1992. "Kostic on Future Yugoslav Army, Defense Minister." (FBIS-EEU-92-068 8 Apr. 1992, p. 41)
Politika [Belgrade]. 31 March 1992. "Details on New State Constitution." (FBIS-EEU-92-072 14 Apr. 1992, p. 44)
Politika [Belgrade]. 21 March 1992. "Civilian Defense Minister Considered." (FBIS-EEU-92-063 1 Apr. 1992, p. 33)
Radio Belgrade Network [in Serbo-Croatian]. 19 December 1991a. "Assembly Supports Extension of Military Service." (FBIS-EEU-91-245 20 Dec. 1991, p. 35)
Radio Belgrade Network [in Serbo-Croatian]. 19 December 1991b. "Republic of Serbian Krajina Proclaimed." (FBIS-EEU-91-245 20 Dec. 1991, p. 33)
Radio Belgrade Network [in Serbo-Croatian]. 16 December 1991. "Kragujevac Corps Presents Mobilization Plans." (FBIS-EEU-91-242 17 Dec. 1991, p. 58)
Radio Bosnia-Hercegovina Network [Sarajevo, in Serbo-Croatian]. 5 June 1992. "Evacuation of Marshal Tito Barracks Begins." (FBIS-EEU-92-109 5 June 1992, p. 35)
Radio Bosnia-Hercegovina Network [Sarajevo, in Serbo-Croatian]. 20 May 1992. "Laws on Defense, Armed Forces." (FBIS-EEU-92-098 20 May 1992, p. 21)
Radio Croatia Network [Zagreb, in English]. 22 June 1992. "Serb Withdrawal 'Going According to Plan'." (FBIS-EEU-92-120 22 June 1992, p. 40)
Radio Croatia Network [Zagreb, in English]. 16 October 1991. "Susak Demands Release of Croatia's Army Conscripts." (FBIS-EEU-91-201 17 Oct. 1991, p. 55)
Radio Free Europe/Radio Liberty (RFE/RL). 15 May 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 20. "Weekly Review."
Radio Free Europe/Radio Liberty (RFE/RL). 10 April 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 16. "Weekly Review."
Radio Free Europe/Radio Liberty (RFE/RL). 3 April 1992. RFE/RL Research Report [Munich]. Vol. 1, No. 14. "Weekly Review."
Radio Sarajevo Network [Sarajevo, in Serbo-Croatian]. 18 January 1992. "Defense Ministry Condemns Forced Mobilization." (FBIS-EEU-92-013 21 Jan. 1992, p. 54)
Radio Sarajevo Network [Sarajevo, in Serbo-Croatian]. 21 November 1991. "Ministry Says Draftees 'not Obliged' to Call-Up." (FBIS-EEU-91-226 22 Nov. 1991, p. 50)
RTB Television Network [Belgrade, in Serbo-Croatian]. 20 May 1992. "Presidency Annuls Immediate War Danger Decision." (FBIS-EEU-92-099 21 May 1992, p. 39)
Tanjug [Belgrade, in English]. 1 July 1992. "Babic in Critical Condition, Zecevic Accused." (FBIS-EEU-92-128 2 July 1992, p. 46)
Tanjug [Belgrade, in English]. 24 June 1992. "Attack Undermines Peace Plan." (FBIS-EEU-92-123 25 June 1992, p. 24)
Tanjug [Belgrade, in English]. 22 June 1992. "Serbian Talks in Cavtat Produce No Result." (FBIS-EEU-92-123 25 June 1992, p. 24)
Tanjug [Belgrade, in English]. 20 May 1992. "UNPROFOR Takes Control of Eastern Slavonia." (FBIS-EEU-92-099 21 May 1992, p. 34)
Tanjug [Belgrade, in English]. 7 May 1992. "JNA Said To Begin Withdrawal to FRY." (FBIS-EEU-92-090 8 May 1992, p. 19)
Tanjug [Belgrade, in English]. 13 April 1992. "First Troops Recruited for Macedonian Army." (FBIS-EEU-92-072 14 Apr. 1992, p. 48)
Tanjug [Belgrade, in English]. 27 March 1992. "Gligorov Signs JNA Withdrawal Document." (FBIS-EEU-92-051 30 Mar. 1992, p. 57)
Tanjug [Belgrade, in English]. 26 March 1992. "General Details Changes in Armed Forces." (FBIS-EEU-92-060 27 Mar. 1992, p. 53)
Tanjug [Belgrade, in English]. 17 February 1992. "Army Begins Withdrawal; Police To Monitor." (FBIS-EEU-92-032 18 Feb. 1992, p. 61)
Tanjug [Belgrade, in English]. 16 December 1991. "Thousands of Reservists Refuse Draft." (FBIS-EEU-91-242 17 Dec. 1991, p. 57)
Tanjug [Belgrade, in English]. 18 November 1991. "Emigrants Avoiding Mobilization Increasing." (FBIS-EEU-91-223 19 Nov. 1991, p. 34)
Tanjug [Belgrade, in English]. 25 October 1991. "Army Recruits Asked Not To Respond to Callup." (FBIS-EEU-91-208 28 Oct. 1991, p. 58)
Tanjug [Belgrade, in English]. 15 October 1991. "Reservists Stationed in Croatia Army Units Desert." (FBIS-EEU-91-200 16 Oct. 1991, p. 41)
Tanjug [Belgrade, in English]. 5 October 1991. "Presidency Imposes Harsher Penalty for Military Crimes." (FBIS-EEU-91-194 7 Oct. 1991, p. 29)
Tanjug [Belgrade, in English]. 2 October 1991. "Serbian Officials Assess Army's Efforts." (FBIS-EEU-91-192 3 Oct. 1991, p. 41)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 6 June 1992. "Evacuation Ends Army Presence in Bosnia." (FBIS-EEU-92-110 8 June 1992, p. 49)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 10 May 1992. "Krajina Government Introduces Mobilization." (FBIS-EEU-92-091 11 May 1992, p. 32)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 27 April 1992. "New Constitution of Federal Republic." (FBIS-EEU-92-082 28 Apr. 1992, p. 39)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 15 April 1992. "Baranja Serbs Order Mobilization." (FBIS-EEU-92-074 16 Apr. 1992, p. 33)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 10 April 1992. "Serbian Krajina To Establish National Guard." (FBIS-EEU-92-071 13 Apr. 1992, p. 34)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 3 April 1992. "Defense Minister Explains Formation of Army." (FBIS-EEU-92-067 7 Apr. 1992, p. 41)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 28 February 1992. "Reservist Demobilization To Begin Soon." (FBIS-EEU-92-041 2 Mar. 1992, p. 40)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 13 January 1992. "Army Recruits Told to Ignore Draft Notices." (FBIS-EEU-92-009 14 Jan. 1992, p. 53)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 25 December 1991. "Western Slavonia SAO Approves Krajina Union." (FBIS-EEU-91-249 27 Dec. 1991, pp. 22-3)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 23 December 1991. "Serbian Region Joins Krajina 'Republic'." (FBIS-EEU-91-247 24 Dec. 1991, pp. 22)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 13 December 1991. "Defense Secretariat Extends Military Service." (FBIS-EEU-91-240 13 Dec. 1991, p. 24)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 11 December 1991. "JNA To Prosecute Deserters, Increase 'Discipline'." (FBIS-EEU-91-239 12 Dec. 1991, p. 30)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 9 December 1991. "Kraljevo Reservists Protest Draft, Status." (FBIS-EEU-91-237 10 Dec. 1991, p. 53)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 4 November 1991. "Refugees in Vojvodina Ordered To Enlist." (FBIS-EEU-91-214 5 November 1991, p. 39)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 28 October 1991. "Last Yugoslav People's Army Soldiers Leaves." (FBIS-EEU-91-208 28 Oct. 1991, p. 43)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 4 October 1991. "TANJUG Carries Presidency Mobilization Order." (FBIS-EEU-91-194 7 Oct. 1991, p. 27)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 20 June 1991. "Defense Law Submitted to Croatian Assembly." (FBIS-EEU-91-120 21 June 1991, p. 29)
Tanjug Domestic Service [Belgrade, in Serbo-Croatian]. 28 May 1991. "Croatian Guard Pledges To Defend 'Homeland'." (FBIS-EEU-91-103 29 May 1991, p. 42)
United Nations Security Council. 11 December 1991. (S/23280). Report of the Secretary General Pursuant to Security Council Resolution 721 (1991).
United Press International (UPI). 17 February 1992. Nesho Djuric. "Serb Rebel Leader Rejects His Ouster." (NEXIS)
Vasic, Milos, Military Affairs Correspondent for Vreme [Belgrade]. 26 June 1992. Telephone Interview.
Vasic, Milos, Military Affairs Correspondent for Vreme [Belgrade]. 3 December 1991. Fax sent to the IRBDC.
Vukas, Budislav, Professor of Law at the University of Zagreb. 3 February 1992. Fax sent to IRBDC.
Vreme [Belgrade, in Serbo-Croatian]. 2 March 1992. "Gligorov on Army, Serbia, Minorities." (FBIS-EEU-92-049 12 Mar. 1992, p. 36)
Vjesnik [Zagreb, in Serbo-Croatian]. 12 January 1992. "Spegelj on Status of Croatian Army." (FBIS-EEU-902-021 31 Jan. 1992, p. 34)
Topics: Military service,
