Ⅼіbеrlаnԁ‚ а ѕеlf‐ⅾесlаrеⅾ ⅿісrоѕtаtе bеtԝееn Ϲrοаtіа аnԁ Ѕеrbіа οn thе Ⅾаnubе Rіⅴеr fасеѕ ѕіɡnіfісаnt сhаllеnɡеѕ ⅾuе tо Ⅽrοаtіа'ѕ аⅿbіɡuоuѕ ѕtаnсе οn іtѕ ѕοⅴеrеіɡntу. Ϲrоаtіаn аuthοrіtіеѕ іntеrⅿіttеntlу hаrаѕѕ ѕеttlеrѕ‚ соnԁuсt rаіⅾѕ‚ аnԁ іⅿроѕе trаⅴеl bаnѕ‚ hіnԁеrіnɡ Ⅼіbеrlаnԁ’ѕ еffоrtѕ tо еѕtаblіѕh а реrⅿаnеnt рοрulаtіоn аnⅾ іnfrаѕtruсturе. Ⅾеѕріtе thеѕе оbѕtасlеѕ‚ Ⅼіbеrlаnԁ соntіnuеѕ tο buіlԁ іtѕ соⅿⅿunіtу аnⅾ ѕееk іntеrnаtіοnаl rесοɡnіtіоn‚ аіⅿіnɡ tο bесоⅿе а lеɡіtіⅿаtе сіtу‐ѕtаtе.
by Hynek Fencl, July 2024
The way to Liberland is easy but not simple. Technically speaking, it’s just a short bike ride away from the nearest village on a comfortable bike path through a stunning forest known as the “Amazon of Europe”. On one side, one senses the presence of the mighty Danube River beyond the tall trees, and on the other stretch the farmlands of north-eastern Croatia. Then you take a left turn to a straight forest path, ride all the way to the end, and after a few bends on the track, you will have entered “the promised land”.
The part that is not simple is that Croatia both does and does not consider Gornja Siga (the local name for the area we now refer to as Liberland) to be its territory – depending on who you ask. This means that along the picturesque bike path, you will almost certainly encounter a border police patrol car, and, depending on whether you seem to them like you’re affiliated with Liberland, they will tell you to stop and hand over your ID. They run it through their system and, if you’re lucky enough to be a citizen of the EU, they let you pass. If you’re not and you give them a non-EU passport, they will ask you to come to the station with them to “determine the circumstances of your stay in Croatia.” You will then be issued with paperwork telling you to leave the country within the next 7 days, banning you from re-entering in the next 1-3 months. The official reasoning they’ll give for this is their reasonable suspicion that you have not come to Croatia as a tourist but with the intent to either do paid work (for which you would have to get a business/work visa) or to break the law (such as camping outside designated camping grounds or starting a fire in the forest).
All of this is part of a big game of chess that is being played out between Croatia and the Liberlanders. Croatia is in a tricky spot. They cannot properly administer the territory of Liberland and enforce its law in it – lest it would create an indication that the Croatian state officially claims it as its territory. However, they cannot not administer it either, since it’s on “their” side of the river, and it is risky for a rogue, unpredictable operation (from their perspective) like the establishment and growth of Liberland to just be left to its own devices right on their doorstep. This is, then, how we arrive at the status quo, with Croatia relating to Liberland in some way while being careful about the international perception of its action in another way. The resulting practice is a persistent harassment campaign toward the Liberlanders, with the apparent intent to create uncertainty and lower the appetite of potential Liberland settlers for this kind of adventure.
How to establish a new country
Liberland was born from an anomaly – a historical border dispute between Croatia and Serbia. The dispute involves the definition of where the border stands in relation to the Danube and goes back to 1947. Then, both lands along the river belonged to a single country – Yugoslavia – but the dispute arose with respect to the boundaries of its constituent states. It remained unresolved during the communist era and became an issue of international borders after the breakup of Yugoslavia.
Serbia claims that the border runs down the middle of the Danube, with the eastern bank being Serbian and the western bank Croatian. Croatia, on the other hand, claims that the border is set by historical borders marked by cadastral municipalities surrounding the Danube.
These municipality borders run along a different path because they were set before the course of the Danube was straightened during the 19th Century to allow for easier shipping. This results in disputed “pockets” of land on both sides of the river. The pockets on the eastern bank have a combined area of around 130 km2, while those on the western bank only amount to less than 10 km2. Not surprisingly, then, both countries claim that the border runs in a way where they get the >90% of land and the other country only gets the small remaining areas. However, this means that, by implication, since both countries are claiming the large areas, neither of them is claiming the smaller ones. These areas were, then, so-called terra nullius.
Under international law, there is no issue with any state claiming unowned and unclaimed land for themselves. And that is exactly what Czech businessman, politician, and activist Vít Jedlička did in 2015 when he proclaimed into existence the newly created Free Republic of Liberland on the largest, 7 km2 piece of the unclaimed areas between Croatia and Serbia.
It’s one thing to announce a new country to the world. It’s an entirely different thing to make this country legitimate. Under the Montevideo Convention, a proper country needs to have 1) a permanent population, 2) a defined territory, 3) government, and 4) capacity to enter into relations with other states. Now, 9 years after the birth of Liberland, it clearly has three of those. As to a permanent population, the Liberlanders would argue that it definitely exists, even though Liberland’s now over 1200 registered citizens have had to largely live in “exile” ever since.
Nevertheless, despite the Convention, there’s one thing that makes something a country more than anything else – whether other countries see you as a country. The more diplomatic recognition an entity has, the more country-like it becomes. This is especially relevant for breakaway governments, governments in exile, or, most importantly in this case, startup countries like Liberland.
Very much aware of this, along with other members of Liberland’s startup government, Jedlička has been on a worldwide mission to legitimize Liberland in the eyes of other countries. Though there have been many amiable meetings and even some measure of support in some cases, no official recognition by any UN member has been achieved as of mid-2024. Liberland now has representatives and offices in multiple countries in the further pursuit of this goal. Though the effectiveness of this strategy has been questioned by many for the lack of decisive results so far, one thing remains unambiguously true: if recognized by even one or two UN members, Liberland would instantly gain an amazing amount of legitimacy and gravitas in the eyes of the world.
The quest for territory
Establishing international relations with countries anywhere in the world is not the only strategy that the Liberlanders have been employing in making the country more real and legitimate. This includes liaising and negotiating with the neighboring Serbia and Croatia. These relations are by far the most important and impactful ones. If both of Liberland’s neighboring countries were to either outright recognize the startup micro-state, or even just adopted an approach of non-interference, Liberland would be free to start actually developing and to find its own long-term position in the world.
As for Serbia, its Ministry of Foreign Affairs let itself be heard that, in their view, Liberland’s claims are a “trivial matter” but, in any case, they do not infringe upon the sovereignty of Serbia. One can imagine that Serbia might actually be secretly quite pleased with Liberland’s activities, since now Croatia has an issue to deal with on “their” side of the river, which, if they are not careful, could contribute to the legitimization of Serbia’s claim to the larger pieces of territory claimed by both countries.
With Croatia, things get quite a bit more complicated. In an official statement, the country rejected the claim that Gornja Siga is terra nullius, arguing instead that the land belongs to one of the two neighboring countries – the only question is to which one, which will be answered at some point in the future. Croatia also said it would stop any threatening and provocative activities on the territory even by force if necessary.
Ever since Liberland’s birth in 2015, the Liberlanders have been trying to make a mark on the territory. For a long time, even just entering Liberland wasn’t really possible. Under a deal between the Croatian and Serbian police that was put in place during the European migration crisis, Croatian authorities may enter Liberland and patrol it for security reasons (preventing illegal migration) even though they do not officially claim the territory as theirs. In addition, the border police have a near-permanent presence on the Danube River, preventing people from crossing into Liberland by boat.
As a result, anyone who would try to come to Liberland in any way would always be promptly arrested by the Croatians, essentially for entering a prohibited area.
After years of this status quo, a rather unexpected thing happened that made things suddenly move forward in a positive direction for the Liberlanders. In April 2023, during Liberland’s 8th anniversary celebrations, a famous YouTuber with a significant following decided to try to enter Liberland. After a few unsuccessful attempts due to heavy police presence and monitoring, he and his team hired jet skis and rode them all the way from Hungary down the Danube. When they got close to Liberland, they encountered the police boats again, but their jet skis were faster than the boats, so they managed to land at Liberland’s Liberty Island and plant a flag there. A few moments later, the police caught up to them and an aggressive policeman took out their handheld cameras before assaulting them and then kicking them on the ground, as can be clearly seen from drone footage of the incident.
As they had broken no laws, they were ultimately let go after the incident and free to leave the island without being arrested. However, the heavy-handed and illegal conduct of the Croatian police had been clearly documented and became part of the video that was published in July 2023.
The video promptly went viral, gaining almost 10 million views on YouTube. By comparison, the total population of Croatia is just under 4 million. When the news spread even to the Croatian press and TV stations, Croatia had a serious PR problem on their hands. The police had been clearly in the wrong, conducting themselves in a seriously improper way to the point of using physical force against peaceful people who had broken no laws nor engaged in any violence or hostilities themselves.
Something had to change. So, following this incident, the Croatian police adopted a different unofficial policy – from now on, they would let people enter Liberland if they wished to do so, in a controlled way. Since early August 2023, if you wish to enter Liberland, you can go on foot or by bike, take the access road down the forest, and show your documents to the Croatian police, just as you would at a border crossing. In a typical grand fashion of Liberland’s media team, Liberland made an announcement that an official border crossing had been opened between Croatia and Liberland (Croatia had obviously never made an official announcement like this, but for Liberland, that was the de facto situation on the ground).
In the weeks following the “opening of the border”, many enthusiastic settlers started coming to Liberland to finally begin making their mark on the territory of “the promised land.” They started constructing simple wooden houses, a bathroom, an open-air restaurant, and the related power and water infrastructure on Liberland’s mainland beach opposite Liberty Island in a settlement named Mateos Marina.
On September 7th, 2023, a troop of about 50 policemen and forestry workers, including a demolition crew, raided the settlement. The raid was officially dubbed a “cleanup operation” by Hrvatske šume, Croatia’s state forestry service. With the assistance of the police, they tore down all the wooden houses and structures using chainsaws and stole equipment as well as personal possessions of the Liberlanders on site. Several Liberlanders were arrested for “failure to comply with a lawful order”.
One might ask, if Liberland is not officially part of Croatia, what authority does Croatia have to come in to steal and destroy? Staying true to their claim that Liberland is not part of Croatia, the Croatians had announced to Serbia that they would be conducting the “cleanup” on Serbia’s territory, to keep it clean on their behalf.
We may only speculate about the reasons for carrying out this operation in such a heavy-handed, destructive way. One possibility is that allowing people to enter Liberland in the first place was a way for Croatia to lure some people to Liberland, become comfortable, and then come in and destroy everything to show everyone what would happen if they got involved in the project. Or perhaps it was the unexpected level of life, community-building, and construction going on in such a short period of time after the “opening of the border” that the Croatian police felt like they had to put a stop to it before things got so big they could not be easily destroyed anymore.
No matter the reasons, the raid had a chilling effect on prospective Liberlanders. Though there is plenty of video documentation of the operation, no one made a viral video about it this time. Though some media did pick up the news, it did not become a big story. Consequently, the PR fallout from this for Croatia was not unmanageable.
Liberlanders soon returned to the territory. However, the level of enthusiasm, energy, and external support was not as great as it had been before the raid. From then on, settlement efforts focused mainly on Liberty Island, unreachable by trucks and impossible for forestry workers to get to without a large boat which they seem not to have. Though perhaps a more strategic place to set up camp, Liberty Island is also much more prone to flooding than the rest of Liberland.
In the following few months, several makeshift houses were constructed using a combination of wood and sandbags. During this time, Liberland even hosted a first wedding on the island. The settlement was kept alive during winter as well, with Liberland enthusiasts staying mostly in houseboats whenever it was impossible to camp on site.
In the meantime, an enthusiastic settler couple bought a sizeable house with a courtyard in the village closest to Liberland – Zmajevac – which they have transformed into a base of operations for settlers. This is now called Liberbase and it is where visits to Liberland start, with bikes, supplies, and construction materials being gathered before going on the 40-minute bike ride.
In the spring of 2024, work started on the reconstruction of a former hunting lodge at a central location on Liberland’s mainland – Jefferson Square. The building was demolished a few years ago but the foundations, including a cellar, were left in place. The site was cleared, the foundations refreshed, and new walls for the future governmental building have sprung up from the ground. A professional construction crew was hired to speed up the re-building of this base, using large concrete bricks, to a standard that will make it logistically and practically difficult for the Croatian police and forestry workers to try to destroy.
The battle for legitimacy
The ongoing construction in Liberland is rather slow. It is difficult to bring construction materials to Liberland. It is prohibited to drive motor vehicles on the bike path leading to Liberland, which means that everything has to be manually hauled from Liberbase on cargo bikes. In addition, from time to time, bikes get stolen by the police or forestry workers. Despite these difficulties, the determination of the settlers is unwavering and they are working every day to move construction forward.
Is it possible to bring materials by boat? How did they get sandbags and other materials to Liberty Island?
The importance of such a commitment should not be underestimated. The continuous presence of settlers is incredibly important for Liberland. It shows the seriousness of the project. It shows that Liberland is a genuine community and a fledgling nation rather than, as some accusations tend to go, just an elaborate publicity stunt.
Practical difficulties with the Croatian authorities are not limited to construction-related issues. Even staying and camping in Liberland comes with its quirks. If you’re staying on Jefferson Square, you should be prepared for several police visits every day. These check-ups are usually nothing dramatic. The police usually show up, ask a couple of questions, and perhaps tell the settlers that they are not allowed to camp there or start a fire, but they don’t actually do anything more than that and just go about their day.
It seems that the Croatian police are rather shy about enforcing Croatian law in a territory that is not officially considered part of Croatia. International law often takes into account the de facto situation of the matter in any dispute. If Croatia enforced their law in Liberland, this would therefore be an indication that they do, in fact, consider the territory to be theirs in practice, despite the official stance of the state. It would play into the hands of Serbia, reinforcing their claims to the large parcels of land on the other side of the Danube.
In addition, Liberlanders on the ground report that the majority of Croatian police officers generally behave quite fairly and respectfully toward them – only a minority appear to hold a personal grudge against Liberland, being abusive and sometimes even violent instead. It seems highly likely that the police in general are just doing their job, following orders from above. Most of them don’t actually take it as a personal commitment to make life more difficult for the Liberlanders.
This is rather important from a big-picture perspective, because the settlers, by contrast, are often heavily personally invested in the project and see it as their mission to see Liberland develop into a proper country. This disparity in energy and determination is strong and perhaps this is what will, in the end, cause Liberland to prevail in this drawn-out dispute.
The dispute with Hrvatske šume is quite different. As of mid-2024, the forestry workers tend to turn up at Jefferson Square about every fortnight. Unlike the police, they do not limit themselves to words but tend to steal everything that is not bolted down – including tools, materials, tents, bikes, and personal possessions of the settlers camping there. The justification remains the same – to “clean the forest of any waste.” In their encounters with the police as well as the forestry workers, Liberlanders are of course meticulous in their video documentation of any illegal actions by the authorities.
The Liberlanders’ difficulties, however, do not just stay local. As previously mentioned, upon trying to enter Liberland from Croatia, people who do not have EU citizenship are promptly issued a one-to-three-month ban on entering Croatia, with 7 days to leave the country. This is done under legislation relating to citizenship and tourism.
However, things can escalate even further. Since last year, several key Liberland settlers and organizers, including Liberland’s President Vít Jedlička himself, have seen “heavier guns” used against them. They have been banned from entering Croatia for 5 years under anti-terrorism legislation, where the authorities argue that these Liberlanders are something akin to a threat to national security.
The Liberlanders have mounted a legal defense against this, in addition to challenging Croatia on other legal fronts. They have had some successes so far – in particular, it should now be clear that the Liberlanders do not need any building permits to construct buildings on their territory. Unfortunately, other issues – including the 5-year bans from Croatia – still remain unresolved.
Most Liberlanders remain hopeful nonetheless. They have seen their situation move forward significantly over the last year. A year ago, they were not even able to enter Liberland without being chased and/or arrested. Now, even some construction is possible, albeit in a limited way.
The road ahead
The long-term vision, of course, remains to build a full-fledged, internationally respected and recognized city-state. Liberland’s leaders often speak of a “Balkan Monaco”, referring to the amazing development possibilities that a freedom-oriented country in the middle of Europe could offer. Liberland has already hosted an urbanist/architectural contest, and there are concrete plans for the first hotel as well as a riverside real estate development. What is more, Liberland’s land is actually more than three times the size of Monaco.
Nevertheless, Liberland cannot move forward in a meaningful way toward these visions and aspirations under the status quo. The Liberlanders need to be able to build at scale and be free from harassment, both by the police and the forestry workers. Some kind of political deal is necessary as the next step toward proper development of Liberland.
Such a deal could take multiple forms, but all of them involve the Croatian authorities changing their attitude toward Liberland away from a policy of unrelenting obstruction – not necessarily toward outright recognition, but at least toward accepting Liberland as a neighborly project that will move forward and develop in some way.
One option could be to allow motor vehicles on the bike path toward Liberland, with a deal that could include charging Liberlanders some fair tolls to pay for the wear and tear of the pavement. An alternative would be to simply allow river crossing into Liberland from Serbia on the Danube. Since Croatia does not officially consider Liberland its territory, their current interference with this traffic is illegal anyway. Simply stopping this illegal conduct would help Liberland significantly without Croatia facilitating Liberland’s development in any active way.
Regardless of these options, the first and most notable step would be to stop banning non-EU citizens from re-entering Croatia as well as lift the existing (entirely unjustified and unreasonable) 5-year bans on Jedlička and the others.
It is easy to see why Croatia is wary and suspicious of Liberland’s development. One can understand the worries of a state in whose immediate proximity there is a new and unknown state growing and taking root. Nevertheless, Croatia actually has a lot to gain from making some kind of deal with Liberland.
First: currently there are perhaps a dozen policemen on patrol around Liberland at all times. This includes police vehicles and boats. This is a significant expense for the police force – an expense which is rather unsubstantiated, given that Liberlanders have clearly proven to be peaceful people who do not wish to pose any threat to Croatia, its people, or its law enforcement officers. Making a deal would mean that this large expense is not needed anymore.
Second: Liberland borders an area of Croatia that has been rather “left behind”, is underdeveloped, and suffers from a lack of jobs and investment. Consequently, younger people are leaving the area and the current population is growing older. If Liberland was growing and open for business nearby, it would provide the region exactly with the job opportunities, large investment, and overall development that it desperately needs.
Third: Croatia could use Liberland as an opportunity to actually gain an advantage in the ongoing border dispute with Serbia. As previously mentioned, Croatia cannot openly and properly administer the territory, as it would be an indication in the eyes of international law that they consider the territory to be theirs. On the other hand, it Liberland is located on “their” side of the Danube, so Croatia does have an interest in making sure the area is under their control somehow. Striking a deal with Liberland could involve Liberland agreeing to some obligations related to the administration of the territory which correspond to Croatia’s priorities. In this way, Croatia would have an active say in what happens on this land, effectively “outsourcing” its administration without officially claiming it as part of Croatia.
In addition to all these advantages being present, Liberland is very much open to cooperation with Croatia and is keenly looking forward to welcoming any future productive relations with Croatian authorities. There will be no grudges held on Liberland’s side, and if a mutually beneficial deal or solution were to be found, no one would look behind at any historical quibbles or difficulties. Liberland would be an excellent and friendly neighbor to Croatia, not just causing any issues but actively helping the overall development of the surrounding region.
Time will tell how things will develop. At the present, the momentum, energy, and enthusiasm is definitely on the side of Liberland. There seems to be very little actual interest from the Croatian side to cause issues for Liberland and to continue to prevent the fledgling state from developing further. All that is left are the bureaucratic hurdles of a state that is being overly conservative about its approach to the important issues of the day. Things might take time, but seeing the determination of the settlers and the willingness of all Liberlanders to be unrelenting in their fight for the cause, it is not difficult to argue that we might be seeing the dawn of Liberland as the world’s next proper city-state as we speak.