-Caveat Lector-

http://www.nypress.com/14/28/taki/bunker.cfm

The Bunker
George Szamuely
Stalin   Wasn�t Stallin�
In one of   his conversations with one-time Yugoslav Communist
leader Milovan Djilas, Stalin   observed: "Churchill is the kind who, if
you don�t watch him, will slip   a kopeck out of your pocket�
Roosevelt is not like that. He dips in his   hand only for bigger coins.
But Churchill? Churchill�even for a kopeck."

As usual,   Stalin was right on the money, particularly on the nature of
the Anglo-American   "special relationship." While the British act as
the brutish street enforcers,   the Americans are the big-time
mobsters who buy off courts, judges and politicians.   It was entirely in
character, therefore, that the British should have been assigned   the
task of kidnapping Slobodan Milosevic and denying him the due process
that   any citizen of a law-governed state is entitled to.

The coming   show trial in the Hague, on the other hand, with its
preordained verdict, falls   within the jurisdiction of the Americans. It is
so heartwarming to see the Anglo-Americans�those   supposed
champions of freedom under law and the sanctity of contracts�trash
every law, treaty and convention on the books as they pursue their
insane globalist   dreams. Here is what the International Covenant on
Civil and Political Rights   (ratified by both the British and the
Americans) says: "Anyone who is deprived   of his liberty by arrest or
detention shall be entitled to take proceedings   before a court, in
order that court may decide without delay on the lawfulness   of his
detention and order his release if the detention is not lawful." That
went straight into the wastepaper basket as the Anglo-Americans
abducted Milosevic   before the Yugoslav courts had had a chance to
decide on the legality of his transfer. But then what is one to expect of
governments that establish kangaroo   courts like the International
Criminal Tribunal for the Former Yugoslavia in   flagrant violation of the
United Nations Charter?

The UN Security   Council, under relentless U.S. pressure, created
the Tribunal in 1993. It was   imposed on the countries of the former
Yugoslavia by the very powers that had   instigated the wars there.
According to the UN Charter, the Security Council   has the power to
take action only in response to a threat to peace. The Charter   does
not permit the Security Council to establish international courts of law,
  to try individuals or to circumvent the national courts of UN members.

Since   as a matter of logic the Security Council cannot delegate to
another body more   powers than it has itself, Carla del Ponte�s little
Tribunal has no legal standing whatsoever, just as Milosevic has said.
The Tribunal   has never been anything more than just another weapon
deployed by the United   States to impose its will on the Balkans. Its
creation violated every precedent   in international law. And its day-to-
day conduct violates every principle of jurisprudence and common
decency. Defendants are seized and held in detention   almost
indefinitely�thousands of miles away from friends, family and
home�before   their cases come to trial, if they ever do. Bail is hardly
ever granted. Prison   authorities read all their mail, which is often
censored, withheld or confiscated. Telephone calls are recorded. There
is no protection against self-incrimination:   "A witness may object to
making any statement which might tend to incriminate   the witness.
The Chamber may, however, compel the witness to answer the
question."   There is no protection against double-jeopardy.
Prosecutors can appeal an acquittal   and can insist on the continued
detention of a defendant who has been acquitted.

Prosecutor   and court is one and the same body. There is no jury.
There is no independent   appeals body. Presumption of guilt is
automatic. Article 1 of the Tribunal�s   statute declares: "The
International Tribunal shall have the power to prosecute   persons
responsible for serious violations of international humanitarian law
committed in the territory of the former Yugoslavia since 1991." Any
halfway   responsible judicial body would at least have said something
like "to put on   trial persons accused of serious violations of
international humanitarian law."   The Tribunal has the right to set its
own rules on procedure and evidence. Since February 1994 its rules
have been amended no less than 20 times. The court�the
prosecutor, in other words�can reject defense counsel if it decides that
  "conduct of that counsel is offensive, abusive or otherwise obstructs
the proper   conduct of the proceedings." Defense counsel, needless
to say, cannot reject prosecutors. Prosecutors can withhold vital
information from the defense.

Defendants   have virtually no right to confront their accusers.
Prosecution witnesses, for   example, have the right not to answer
questions they do not want to answer:   "If the Prosecutor calls a
witness to introduce in evidence any information�the   Trial Chamber
may not compel that witness to answer any question relating to   the
information or its origin, if the witness declines to answer on grounds
of confidentiality." That�s very comforting. Prosecution witnesses,
moreover,   do not even have to appear in court and face defense
counsel. They can just   give a deposition before a court officer. The
identity of witnesses may be concealed.   Witnesses can use image-
or voice-altering devices, they can use pseudonyms,   they can have
their names expunged from the Tribunal public records.

It is clear   that neither laws nor any sense of fair play will stop this
rampant U.S. arrogance.   The time may soon come when we will
have to call for the return of the spirit   of the man who terrified the
United States like no one else ever has. Come back Stalin�(almost) all
is forgiven.
Volume
14, Issue 28



--
Best wishes

Fear is strange soil.  Mainly it grows obedience like corn, which grows
in rows and makes weeding easy. But sometimes it grows the potatoes of
defiance, which flourish underground. -Terry Pratchett, Small Gods

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