B.C. lawyer takes on Milosevic



Peter Goodspeed
National Post
 
The Associated Press

 
Dirk Ryneveld

 
When a defiant Slobodan Milosevic, the former Yugoslav president, made
his first appearance before an international war crimes tribunal this
week, he angrily stared his accusers straight in the eyes -- and the man
he faced was a Canadian.

Dirk Ryneveld, a 55-year-old lawyer and former deputy regional Crown
prosecutor from Victoria, has just been handed what will likely be the
most challenging legal assignment of his career -- prosecuting the first
world leader ever to be brought before a court on charges of committing
crimes against humanity.

In a 30-year legal career, most of it spent prosecuting high-profile
murder cases and all Crown criminal appeals on Vancouver Island since
1985, Mr. Ryneveld says he has never faced so complex or important a
case.

"It's a humbling experience and an awesome responsibility," he told the
National Post in a telephone interview from his office in The Hague, in
the Netherlands. "We're at the cutting edge of developing international
humanitarian law."

As the lead prosecutor on a five-person team, Mr. Ryneveld will be
responsible for proving Mr. Milosevic had "command responsibility" for a
terror campaign of murder and deportation against ethnic Albanians in
Kosovo carried out from January to June, 1999, by the Yugoslav army and
police, the Serbian police and Serbian paramilitary units.

Legal experts say the burden of proof being placed on prosecutors in the
case is tremendous and the outcome of the trial may hinge on prosecutors
proving that, while Mr. Milosevic may not have been directly involved in
the Kosovo killings and deportations, he should have known about them
and taken steps to prevent them.

"There are a number of historic firsts that will be dealt with in a case
of this nature," Mr. Ryneveld explained. "First of all, the magnitude of
the case itself. There is no domestic jurisdiction case where you have
got this multitude of victims. You just don't have this on such a
massive scale.

"Then there's the fact this is the first time you have got a head of
state who is charged with crimes against humanity. Even the Nuremberg
trials [of German Nazi leaders after the Second World War] didn't
prosecute a head of state. It's a very, very significant thing."

"And finally, when you consider that the victims are looking to the ICTY
[International Criminal Tribunal for the former Yugoslavia] in order to
see that justice is done, the responsibility for seeing there is a fair
trial and that all the rights of the accused are protected and the sheer
mass of evidence to be dealt with, is all overwhelming."

It's a long way from dealing with impaired driving cases, street crime
and domestic violence on Canada's West Coast.

The sense of history unfolding is compelling, but Canada's decades-old
commitment to seeking justice in the international arena is what really
motivates him most, says Mr. Ryneveld.

"Canadians have a remarkable history of being at the forefront of the
development of international criminal law," he says. "Canadians,
generally, aren't aware of the role their country is playing. It's not
only the lawyers -- people who get most of the attention -- but there
are police officers, forensic scientists, court reporters and a whole
host of Canadians who are working their butts off over here for the
enhancement of international law."

It's a Canadian tradition that goes back to a time when Clarence
Campbell, the former governor of the National Hockey League, served as
one of the chief international prosecutors at the Nuremberg trials.

In the Milosevic case, the initial secret indictments that were issued
against the former Yugoslavian president were prepared by Louise Arbour,
a Canadian who served as the war crimes tribunal's chief prosecutor
before being appointed to the Supreme Court of Canada.

Now, Mr. Ryneveld, who was born in the Netherlands but immigrated to
Canada with his family when he was six, is picking up the case and
prosecuting it after Mr. Milosevic's historic arraignment in The Hague
on Tuesday.

"The fact Madame Justice Louise Arbour was working here at The Hague
made a big difference in my decision to apply" for the job as a war
crimes prosecutor, Mr. Ryneveld said. "I had a tremendous amount of
respect for the work that she was doing."

As a Crown attorney in British Columbia, Mr. Ryneveld took charge of
most of Victoria's murder cases over the last 25 years, including the
prosecution of the teenage killers of school girl beating victim Reena
Virk and the case of a man who claimed he suffered from multiple
personality disorder when he raped and murdered 16-year old Dawn Shawn
in Victoria in 1993.

He joined the war crimes tribunal in the Hague as one of six lead
prosecutors in 1999 after taking a five-year leave of absence from his
job in Canada.

Mr. Ryneveld made legal history earlier this year as the chief
prosecutor in a case that established, for the first time, that
systematic rape and sexual abuse of women is a crime against humanity.

In that case, three Bosnian Serb soldiers were convicted and given
sentences ranging from 12 to 28 years in prison for raping and sexually
enslaving Muslim women in a prison camp in the town of Foca in 1992.

The trial, led by Mr. Ryneveld, heard how Muslim women and girls were
rounded up by Serb soldiers, imprisoned in a school and sports hall,
enslaved, tortured and constantly raped or gang-raped for a year.

In one instance, a 12-year-old girl was raped almost daily for 35 days
before her "owner" sold her to a fellow soldier for about $165. She was
never seen again.

"We've found there have been injustices [in the Balkans] that were
exposed by the international media in our living rooms on a daily basis"
during the wars that followed the disintegration of Yugoslavia, Mr.
Ryneveld said. "One could not simply see the plights of those victims
and not feel that justice had to be done.

"We represent the hundreds of thousands of victims who have no other way
to vindicate what has been done to them," he added. "Their rights are in
our hands and we are very much aware of that and want to do it right.
It's a real heavy responsibility."

http://www.nationalpost.com/news/national/story.html?f=/stories/20010705
/609917.html

Miroslav Antic,
http://www.antic.org/ 

                                   Serbian News Network - SNN

                                        [EMAIL PROTECTED]

                                    http://www.antic.org/

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