http://www.washtimes.com/commentary/20010712-2537842.htm

                                                              July 12,
2001

                        Opening Pandora's box?



                        Paul Craig Roberts

                             The "trial" of former Serbian president
Slobodan
                        Milosevic at a United Nations "war crimes
tribunal" is an act
                        of hypocrisy that is fraught with danger for law
and national
                        sovereignty. Mr. Milosevic's trial is a perfect
example of raw
                        force pretending to be law.
                             Begin with the fact that there is no legal
basis for the trial.
                        The charges are brought by a non-sovereign the
U.N. against
                        the former president of a sovereign nation for
what were acts
                        of state, regardless of whether we agree with
them.
                             Then consider that it is the U.S., in
effect, that is handing
                        Mr. Milosevic over to the U.N. We did not
declare war on
                        Serbia, and Mr. Milosevic is not our prisoner.
We purchased
                        Mr. Milosevic from Serbia in exchange for
promises of
                        foreign aid to rebuild the Serbian
infrastructure that our
                        bombs destroyed along with lives of innocent
civilians.
                        "Collateral damage," as Timothy McVeigh would
say.
                             The current Serbian president, Vojislav
Kostunica, has
                        disassociated himself from Mr. Milosevic's
coerced
                        extradition. He has publicly stated, "My attempt
to have our
                        citizens tried only in our own country was
prevented by
                        pressure from Washington."
                             Consider, also, that there is no precedent
for Mr.
                        Milosevic's trial. He will be the first head of
state to be tried
                        in the U.N. court for war crimes.
                             Not that there has been a lack of
candidates. Six-figure
                        tribal genocides are routine in Africa. And no
action has been
                        taken against communists responsible for mass
murders in the
                        former Soviet empire or against Fidel Castro.
Robert
                        Mugabe, the current head of Zimbabwe's
government, is
                        responsible for murders of white farmers and
black political
                        opponents. Even his own Supreme Court has come
out
                        against him.
                             In this sea, Mr. Milosevic is a small fish.
He is being tried
                        not for crimes, but in order to create a court
that can override
                        national sovereignty. And here lies the danger
for us and
                        every other country.
                             With our power and money, we have
established the
                        precedent of bringing a head of state before an
extralegal,
                        extraterritorial tribunal. This is an odd thing
for a country to
                        do that routinely bombs other sovereign states
and inserts its
                        armed forces into their territory without a
declaration of war.
                             We are comfortable with might makes right
because we
                        have the might. But sooner or later demands will
be made for
                        American war criminals to be turned over. Our
troops
                        involved in "police actions" and the presidents
that authorize
                        them will find themselves charged as war
criminals.
                             Indeed, we are already experiencing
international
                        interference in our judicial affairs. Two weeks
ago the
                        International Court of Justice charged the
governor of
                        Arizona and the U.S. solicitor general with
willful disregard of
                        its binding court order to stay the execution of
a German
                        national convicted of murder. If the World Court
had might
                        behind its injunctions, the Arizona governor and
U.S. solicitor
                        general would be held accountable under the
Vienna
                        Convention.
                             Nothing more clearly illustrates the
hypocrisy of our
                        position. We ignore international courts, but
when it suits us
                        we use them to punish those we dislike.
                             It is a mistake to believe that the role of
prosecutor will
                        forever be ours. Like Mr. Milosevic, we will one
day lose a
                        propaganda battle and a popularity contest. For
reasons not
                        yet explained to the public, the Clinton
administration sided
                        with separatists who began the conflict with
Serbia by
                        murdering and raping Serbs in Kosovo, a historic
Serbian
                        province. Instead of demonizing the drug-running
separatists,
                        we seized on Mr. Milosevic, who is guilty of
replying to
                        ruthlessness with ruthlessness.
                             Our choice of villains only makes sense as
a
                        precedent-creating venture to permit heads of
states to be
                        dragged before international tribunals. The
fools responsible
                        for this mindless decision have opened Pandora's
Box.
                        Settling a score with Mr. Milosevic is not
important.
                        Preserving the concepts of law and national
sovereignty is.
                             General Wesley Clark, who commanded NATO's
                        unprovoked attacks on Serbia, says Mr.
Milosevic's trial "is a
                        clear signal that governments cannot attack,
torture and
                        murder their citizens." Does this mean we can
look forward
                        to Bill Clinton and Janet Reno joining Mr.
Milosevic in the
                        dock for attacking, torturing and murdering
their citizens at
                        Waco?

                        Paul Craig Roberts is a nationaly syndicated
columnist.

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