http://www.canoe.ca/Columnists/worthington.html

July 22, 2001 
Can Milosevic get a fair trial?

By PETER WORTHINGTON -- Toronto Sun

 Just as a society's commitment to the ideal of free speech hinges on
those holding unpopular views being able to freely express them, so a
justice system's worth depends on the right of unpopular defendants
getting a fair trial. 

Which brings us to Slobodan Milosevic and the International War Crimes
Tribunal at the Hague. 

Looked at objectively, the tribunal seems little more than a kangaroo
court
- winners putting losers on trial. It's not about justice, not about
punishing crimes against humanity, not about peace and security. It's
about politics and expediency - witness Milosevic being formally
indicted as a war criminal in the middle of an air war launched against
his country by the U.S. and NATO. 

A year or so earlier, after signing the Dayton, Ohio, accords, the U.S.
was praising Milosevic as a man of "peace" who encouraged compromise in
the Balkans. That wasn't true either, any more than he's a conventional
war criminal 

Shed no tears for Milosevic. He wrecked Serbia, destroyed Yugoslavia,
caused misery throughout the Balkans. 

But if he's punished for his policies and deeds, it should be in
Belgrade - tried, judged and convicted by his own people, not by a court
sanctioned and supported by foreigners which already considers him
guilty. 

PM BRIBED 

Milosevic would have been put on trial in Belgrade had not the U.S.
bribed Serbia's PM, the unpleasant Zoran Djindjic, to secretly surrender
him to NATO, contrary to the declared wishes of Yugoslav President
Vojislav Kostunica - an anti-Milosevic, anti-Communist, Serbian
nationalist beholden to no one except his country and his own unsullied
integrity. 

Kostunica has thus been betrayed by Djindjic, his positive influence
undermined and the Balkans once again destabilized. In essence,
Milosevic was ransomed to the War Crimes Tribunal for $1 billion in aid
that otherwise would have been withheld or delayed. 

A benefit to the U.S. by having Milosevic tried at the Hague instead of
Belgrade, is that there's more control over possible testimony regarding
America's onetime support of Milosevic as Tito's heir to prevent
Yugoslavia's disintegration. Embarrassing. 

A couple of years ago the U.S. (rightly) vetoed plans to establish a
permanent International Criminal Court on grounds it would be a
political and propaganda arm for whatever cause was fashionable at the
moment. Now the U.S. supports the Hague Tribunal - winners against the
losers. 

NATO, which launched the war against Serbia, now gathers evidence to
convict the loser - who was indicted even before evidence of "crimes
against humanity" in Kosovo had been gathered. 

The Hague Tribunal has rejected hearing evidence against those who
launched an "aggressive" (as opposed to "defensive") war: Bill Clinton,
Tony Blair, Jean Chretien and others. Why? Contrary to the Geneva
Convention, our side bombed civilians ("collateral damage") to undermine
Serbian morale. 

In 1995 Croatia overran Krajina and committed war crimes against Serb
civilians that matched in savagery anything Serbs did in Bosnia or
Kosovo. Yet no charges were ever contemplated against the late Croatian
leader, Franjo Tudjman, whose fascist ideology dated back to Adolf
Hitler. Tudjman was aided and encouraged by NATO and the U.S., but
atrocities against Serbs were not considered crimes. 

Incidentally, evidence of atrocities committed in Krajina that were
turned over to the tribunal - including video footage by Canadian
filmmaker Garth Pritchard, who was there - have apparently been lost. So
no criminal charges are pending. Convenient. 

Before she had much more than hearsay evidence, Canada's Louise Arbour,
when she was chief prosecutor for the Hague Tribunal, declared Milosevic
guilty of mass murders in Kosovo - and cited a massacre of 45 Albanians
at the village of Racak. 

Atrocities, but not mass graves, have since been found in Kosovo, and
the Racak massacre turns out to have been faked by the Kosovo Liberation
Army. Albanian fighters killed in battle were dumped in a ditch as if
they were civilians murdered in cold blood. (Bosnia is different - mass
killings abound, witness Srebrenica.) 

Even if Milosevic isn't being framed - he has much to answer for - he's
certainly being scapegoated. The war against Kosovo was a staged war,
orchestrated by the U.S. and blamed on Milosevic. 

DEAL WITH THEM AT HOME 

Tyrants and leaders who fail are best dealt with by their own people,
unless they savage others: Gen. Augusto Pinochet by Chileans, Milosevic
by Serbs, Idi Amin by Ugandans, Emperor Jean Bokassa by Central African
Republicans, Laurent Kabila and Mobuto Sese Seko by Congolese, Ferdinand
Marcos by Filipinos, Alberto Fujimori by Peruvians, Stockwell Day by the
Alliance. 

As it is, by hijacking Milosevic, the U.S.and NATO have weakened hopes
for democracy in the Balkans, contributed to further destabilization and
denied Serbs the chance (right) to impose their own brand of justice on
Milosevic. 

As well, America's erstwhile Albanian allies now threaten Macedonia and
Montenegro and pose a potentially greater danger than Milosevic, whose
every effort to achieve a "greater" Serbia resulted in a "shrinking"
Serbia. And now he's the fall guy. 


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