-Caveat Lector-

>From IrishTimes


> Friday, May 28, 1999
>
> Milosevic's allies angered by indictment
>
>
>
> ----------------------------------------------------------------------
> -- By Elaine Lafferty in Pristina and Joe Carroll in Washington
>
> Allies of President Slobodan Milosevic have reacted angrily to his
> indictment for war crimes, describing the move as monstrous and an
> abuse of power by the international war crimes tribunal, which was
> branded a US puppet.
>
> But the head of the tribunal defended herself and was supported by
> President Clinton who said the case against Mr Milosevic, the only
> head of state to be indicted for war crimes, would not stop NATO's
> action.
>
> The indictment, said President Clinton, would "reassure the victims of
> Belgrade's atrocities in Kosovo and it will deter future war crimes by
> establishing that those who give the orders will be held accountable .
> . . I call on all nations to support the tribunal's decision and to
> co-operate with its efforts to seek justice."
>
> In Belgrade, Mr Ivica Dacic, a spokesman for Mr Milosevic's Socialist
> Party, said that Ms Louise Arbour, the chief prosecutor of the
> Hague-based International Criminal Tribunal for the former Yugoslavia,
> should also be "put on the list of war criminals". The tribunal had no
> jurisdiction in Yugoslavia and, he said, "this is a clear misuse of
> the power of this court, which is in the interest of NATO criminals".
>
> Mr Goran Matic, a minister without portfolio, said the indictment was
> "a propaganda trick which is aimed at postponing a political solution
> and diplomatic efforts".
>
> In a formal response, the Yugoslav federal government described the
> indictment as "another attempt to mislead the world community in order
> to conceal who is really responsible for the genocide against the
> Yugoslav people". Ms Arbour was as "a puppet in the hands of the
> masters of war".
>
> But Ms Arbour said the five-month investigation into Mr Milosevic was
> a race against time and the possible fall-out from international
> diplomacy.
>
> "We were driven by a now or never sense of urgency, by an issue that
> is central to our work - ensuring that the justice agenda did not get
> completely by-passed by the peace process," she said.
>
> She expressed confidence in her case against Mr Milosevic, the Serbian
> President, Mr Milan Milutinovic, the Yugoslav Deputy Prime Minister,
> Mr Nikola Sainovic, the armed forces chief-of-staff, Gen Dragoljub
> Ojdanic, and Mr Vlajko Stojiljkovic, the Serbian Interior Minister.
>
> In Pristina, the capital of Kosovo, the mood was sombre as the reality
> of the indictment sank in. In essence, all hopes of a peace deal or
> diplomatic agreement are seen to have been dashed and signs of an all
> out ground war were evident as Yugoslav forces reinforced border
> positions.
>
> "So now we know. There will be no agreement," said a 25-year-old
> engineering student. "The West will not sign an agreement with an
> indicted war criminal. We know that. So there will be a ground
> invasion."
>
> Meanwhile, NATO's campaign has been strongly criticised by Mr Viktor
> Chernomyrdin, the Russian envoy to the Balkans, who also criticised
> the war crimes indictment, and by a former US president, Mr Jimmy
> Carter.
>
> In an article in the Washington Post, Mr Chernomyrdin, due in Belgrade
> today, delivered a strong warning to NATO that "the world has never in
> this decade been so close as now to the brink of nuclear war". He
> warned that unless the NATO raids stopped soon, "I shall advise
> Russia's president to suspend Russian participation in the negotiating
> process."
>
> In the New York Times Mr Carter asked: "Have we forgotten the path to
> peace?" He said NATO was attacking the entire nation of Yugoslavia,
> which he described as "counter-productive, and our destruction of
> civilian life there has now become senseless and excessively brutal".


>From www.nesl.edu/center/balkan2.htm#intro
New England Center for Int'l Law ...

Whole thing starts at:
http://www.nesl.edu/center/balkan1.htm
~~~~~~~~~~~~~~~~
"New" legal stuff can be found at:
http://www.un.org/icty/special/index.html
~~~~~~~~~~~~~~~~
{{This seems old but even so, all the more interesting ...reminds me
of a bulldog (American) I once met:  threw a big rock (for 'fetch')
and wouldn't quit hunting 'til it found it and then retrieved it;
these guys have been after Slobo's scent for ever, ot seems ...}}
<<Begin excerpt>>

> The Balkan Institute
>
> War Crimes and Individual Responsibility:
> A PRIMA FACIE CASE FOR THE INDICTMENT OF SLOBODAN MILOSEVIC
>
> Executive Summary | Table of Contents | Text | Conclusion
> About the Authors | Endnotes | MS Word document for Downloading
> (Right-click on link; Save Link As)
>
>
> I. Introduction
>
> A. Object and purpose
>
> The purpose of this study is to inquire whether a prima facie case
> exists for the indictment of Slobodan Milosevic on charges of war
> crimes. Despite the fact that Acting United States Secretary of State
> Lawrence Eagleburger, identified Slobodan Milosevic and a number of
> his paramilitary agents, including Zeljko Raznatovic ("Arkan") and
> Vojislav Seselj, as suspected war criminals in December of 1992,(1) no
> public case has yet been made for the formal indictment of Slobodan
> Milosevic on charges of war crimes. The specific focus of the inquiry
> here will thus be on whether Slobodan Milosevic may be held personally
> responsible for the war crimes committed by Federal Yugoslav forces,
> Republic of Serbia forces, and Serbian paramilitary agents in Croatia
> and Bosnia-Herzegovina (Bosnia), whether working separately or in
> joint operations among themselves or with the Bosnian Serb Army (BSA)
> or with the Army of the Republic of the Serbian Krajina.
>
> The identification of Slobodan Milosevic and his paramilitary agents
> by Secretary Eagleburger as suspected war criminals was in large part
> based on the fact that the atrocities committed by Serbian forces were
> part of a planned, systematic, and organized campaign that constituted
> a central means of pursuing an official goal of territorial expansion
> and its corollary of making areas "ethnically pure." In light of the
> extensive involvement in, support for, and direction by both federal
> and republic-level government agencies subordinate to Slobodan
> Milosevic, and in light of his knowledge and approval of such support
> and the overall activity of these agents, it is the conclusion of this
> study that under the rules of procedure and evidence of the
> International Criminal Tribunal for the Former Yugoslavia, there is
> sufficient evidence in the public domain to support an indictment for
> the arrest of Slobodan Milosevic on charges of genocide, crimes
> against humanity, violation of the laws and customs of war, and grave
> breaches of the Geneva Conventions of 1949.
>
> The investigation and delineation of Slobodan Milosevic's
> responsibility for war crimes in the former Yugoslavia undertaken in
> this study is important for a number of reasons, which include: 1) the
> deterrent value in the attachment of liability for war crimes, such
> that the light of publicity will serve as a reminder to other would-be
> war criminals that their actions will not be granted de facto immunity
> by the world community; 2) the deterrent value associated with the
> fact that a number of Slobodan Milosevic's paramilitary agents
> continue to operate; indeed, if Slobodan Milosevic's direction of
> these units is not neutralized, they may well continue to terrorize
> non-Serb civilians within Bosnia and in the Republic of Serbia
> itself;(2) 3) the educational value of documenting the commission of
> and responsibility for war crimes, such that the general public may
> understand what occurred and ensure that such events are not forgotten
> or denied by the protagonists as time passes(3); and, 4) the value in
> establishing individual responsibility, which will serve to reinforce
> the principle that nations or the general public are not collectively
> responsible for the war crimes resulting from the genocidal policies
> of a specific individual or group of individuals(4).
>
> On a number of occasions, the Prosecutor for the International
> Criminal Tribunal for the Former Yugoslavia has declared that it is a
> prosecution strategy to investigate "lower-level persons directly
> involved in carrying out the crimes in order to build effective cases
> against the military and civilian leaders who were party to the
> overall planning and organization of those crimes."(5) Consistent with
> this objective, this study will articulate where the Tribunal, through
> its current indictments, has laid a solid legal and factual foundation
> for building a prima facie case that Slobodan Milosevic is widely
> responsible for war crimes committed in the former Yugoslavia.
>
> In order to assess the responsibility of Slobodan Milosevic for the
> commission of war crimes in the former Yugoslavia, this study will
> first explain the current international law governing liability for
> the commission of war crimes. The study will then consider whether
> there is sufficient evidence available in the public domain to
> establish a prima facie case, under the rules of procedure and
> evidence of the Tribunal, that Slobodan Milosevic is individually
> responsible, both on the basis of direct responsibility and command
> responsibility, for the commission of war crimes in the territory of
> the former Yugoslavia.


<<End excerpt>>

There is a point beyond which even justice becomes unjust. -
Sophocles, Electra

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