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http://www.nationalpost.com/commentary/story.html?f=/stories/20020418/67 5076.html NATIONAL POST, Thursday, April 18, 2002 LETTERS International court on trial At a time when war, terror and ethnic violence dominate the headlines, it is worth pointing to evidence that one day the international rule of law may prevail. The world is witnessing two events that may be on a par with the Nuremberg trials. The first is the trial of Slobodan Milosevic. The second is the creation of the permanent International Criminal Court (ICC) on April 11 at the United Nations. Both events confirm the emergence of an international criminal justice system to deal with the worst cases of genocide, crimes against humanity and war crimes -- using courts rather than war to bring the perpetrators to justice. It is fitting, and healthy, that both the Milosevic trial and the ICC are stirring up some heated controversy. Much the same thing happened with the Nuremberg trials in the late 1940s -- with some critics demanding "rough justice" for the Nazis and others complaining about show trials and "victors' justice." We are defence attorneys -- the ones who ensure, to quote a fellow attorney, Mr. Edward Greenspan, that "thugs" receive a fair trial. We fight to ensure that alleged thugs have the right to a full and answering defence. One of the architects of Nuremberg, U.S. Supreme Court Justice Robert Jackson, stated our ideal of criminal justice succinctly in April 1945, when most people (including Winston Churchill) wanted summary execution of the Nazi leaders. He said: "Courts try cases but cases also try courts ... You must put no man on trial before anything that is called a court ... under the forms of judicial proceedings if you are not willing to see him freed if not proven guilty ... ." Judges and prosecutors focus on trying the case. The role of the defence is not just to defend the accused but to ensure "the case tries the court." This is precisely what Mr. Milosevic is doing by launching his frontal attack on the political and moral legitimacy of the International Criminal Tribunal for the former Yugoslavia (ICTY). However much people disagree with his view, it is vital that he has the opportunity to challenge the court and present his story. Make no mistake about it, the ICTY is being "tried" by the Milosevic case. It will meet the test only by ensuring that its proceedings are perceived by the world as fair and impartial. By doing this case after case, it will be embraced by the world as a true hall of justice. In our view, the "worst case" is not the acquittal of Milosevic but -- rather -- a series of easy victories for the prosecution. Such easy victories would undermine the strength and legitimacy of the system. In this high-tech age, we believe passionately that criminal justice is not a mechanical or "engineered" process. Rather, true justice emerges from a very human, often painful process -- the process of debate, controversy and confrontation between different versions of the story surrounding a crime. Some defence attorneys question the fairness of the ICTY proceedings. In an article in the Post, Mr. Greenspan has branded the Milosevic trial a "lynching" ("This is a Lynching," March 13). We believe such a judgment is premature, to say the least, especially since Mr. Milosevic has chosen to conduct his own defence in this highly politicized case. While we do not agree with Mr. Greenspan's opinion, we will defend to the death his right to voice it. Defence watchdogs should bristle at any sign of prosecutorial overreaching or judicial efforts to hamstring the defence of those accused of even the most heinous genocidal actions. Vigorous public debate is part of the process of testing the ICTY. Elise Groulx, attorney and president, International Criminal Defence Attorneys Association; Daniel N. Arshack, National Association of Criminal Defence Lawyers. [EMAIL PROTECTED] --------------------------- ANTI-NATO INFORMATION LIST ==^================================================================ This email was sent to: [email protected] EASY UNSUBSCRIBE click here: http://topica.com/u/?a84x2u.a9617B Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
