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ICTY Exonerates Slobodan Milosevic for War Crimes


InSerbia with agencies

BELGRADE - The International Criminal Tribunal for the Former Yugoslavia
(ICTY) in The Hague has determined that the late Serbian president Slobodan
Milosevic was not responsible for war crimes committed during the 1992-95
Bosnian war.

In a stunning ruling, the trial chamber that convicted former Bosnian-Serb
president Radovan Karadzic of war crimes and sentenced him to 40 years in
prison, unanimously concluded that Slobodan Milosevic was not part of a
"joint criminal enterprise" to victimize Muslims and Croats during the
Bosnian war.

The March 24th Karadzic judgment states that "the Chamber is not satisfied
that there was sufficient evidence presented in this case to find that
Slobodan Milosevic agreed with the common plan" to permanently remove
Bosnian Muslims and Bosnian Croats from Bosnian Serb claimed territory.

The Karadzic trial chamber found that "the relationship between Milosevic
and the Accused had deteriorated beginning in 1992; by 1994, they no longer
agreed on a course of action to be taken. Furthermore, beginning as early as
March 1992, there was apparent discord between the Accused and Milosevic in
meetings with international representatives, during which Milosevic and
other Serbian leaders openly criticised Bosnian Serb leaders of committing
'crimes against humanity' and 'ethnic cleansing' and the war for their own
purposes."

The judges noted that Slobodan Milosevic and Radovan Karadzic both favored
the preservation of Yugoslavia and that Milosevic was initially supportive,
but that their views diverged over time. The judgment states that "from 1990
and into mid-1991, the political objective of the Accused and the Bosnian
Serb leadership was to preserve Yugoslavia and to prevent the separation or
independence of BiH, which would result in a separation of Bosnian Serbs
from Serbia; the Chamber notes that Slobodan Milosevic endorsed this
objective and spoke against the independence of BiH."

The Chamber found that "the declaration of sovereignty by the SRBiH Assembly
in the absence of the Bosnian Serb delegates on 15 October 1991, escalated
the situation," but that Milosevic was not on board with the establishment
of Republika Srpska in response. The judgment says that "Slobodan Milosevic
was attempting to take a more cautious approach"

Slobodan Milosevic

The judgment states that in intercepted communications with Radovan
Karadzic, "Milosevic questioned whether it was wise to use 'an illegitimate
act in response to another illegitimate act' and questioned the legality of
forming a Bosnian Serb Assembly."

The judges also found that "Slobodan Milosevic expressed his reservations
about how a Bosnian Serb Assembly could exclude the Muslims who were 'for
Yugoslavia'."

The judgment notes that in meetings with Serb and Bosnian Serb officials
"Slobodan Milosevic stated that '[a]ll members of other nations and
ethnicities must be protected' and that '[t]he national interest of the
Serbs is not discrimination'."

Also that "Milosevic further declared that crime needed to be fought
decisively."

The trial chamber notes that "In private meetings, Milosevic was extremely
angry at the Bosnian Serb leadership for rejecting the Vance-Owen Plan and
he cursed the Accused." They also found that "Milosevic tried to reason with
the Bosnian Serbs saying that he understood their concerns, but that it was
most important to end the war."

The judgment states that "Milosevic also questioned whether the world would
accept that the Bosnian Serbs who represented only one third of the
population of BiH would get more than 50% of the territory and he encouraged
a political agreement."

At a meeting of the Supreme Defense Council the judgment says that
"Milosevic told the Bosnian Serb leadership that they were not entitled to
have more than half the territory in BiH, stating that: 'there is no way
that more than that could belong to us! Because, we represent one third of
the population. [.] We are not entitled to in excess of half of the
territory - you must not snatch away something that belongs to someone else!
[.] How can you imagine two thirds of the population being crammed into 30%
of the territory, while 50% is too little for you?! Is it humane, is it
fair?!'"

In other meetings with Serb and Bosnian Serb officials, the judgment notes
that Milosevic "declared that the war must end and that the Bosnian Serbs'
biggest mistake was to want a complete defeat of the Bosnian Muslims."

Because of the rift between Milosevic and the Bosnian-Serbs, the judges note
that "the FRY reduced its support for the RS and encouraged the Bosnian
Serbs to accept peace proposals."

The Tribunal's determination that Slobodan Milosevic was not part of a joint
criminal enterprise, and that on the contrary he "condemned ethnic
cleansing" is of tremendous significance because he got blamed for all of
the bloodshed in Bosnia, and harsh economic sanctions were imposed on Serbia
as a result. Wrongfully accusing Milosevic ranks right up there with
invading Iraq only to find that there weren't any weapons of mass
destruction after all.

 

Slobodan Milosevic was vilified by the entire western press corps and
virtually every politician in every NATO country. They called him "the
Butcher of the Balkans." They compared him to Hitler and accused him of
genocide. They demonized him and made him out to be a bloodthirsty monster,
and they used that false image to justify not only economic sanctions
against Serbia, but also the 1999 NATO bombing of Serbia and the Kosovo war.

Slobodan Milosevic had to spend the last five years of his life in prison
defending himself and Serbia from bogus war crimes allegations over a war
that they now admit he was trying to stop. The most serious charges that
Milosevic faced, including the charge of genocide, were all in relation to
Bosnia. Now, ten years after his death, ICTY admits that he wasn't guilty
after all.

The ICTY did nothing to publicize the fact that they had cleared Milosevic
of involvement in the joint criminal enterprise. They quietly buried that
finding 1,303 pages into the 2,590 page Karadzic verdict knowing full well
that most people would probably never bother to read it.

The presiding judge in the Radovan Karadzic trial, O-Gon Kwon of South
Korea, was also one of the judges in the Slobodan Milosevic trial.
Milosevic's exoneration by the Karadzic trial chamber may be an indication
of how the Milosevic chamber would have eventually ruled, at least on the
Bosnia charges, if Milosevic had lived to see the conclusion of his own
trial.

It's worth recalling that Slobodan Milosevic died under a very suspicious
set of circumstances. He died of a heart attack just two weeks after the
Tribunal denied his request to undergo heart surgery in Russia. He was found
dead in his cell less than 72 hours after his attorney delivered a letter to
the Russian Ministry of Foreign Affairs in which he said that he feared he
was being poisoned.

The Tribunal's official report on the inquiry into his death confirmed that,
"Rifampicin had been found in a blood sample taken from Mr. Milosevic on 12
January 2006." And that "Mr. Milosevic was not told of the results until 3
March 2006 because of the difficult legal position in which Dr. Falke (the
Tribunal's chief medical officer) found himself by virtue of the Dutch legal
provisions concerning medical confidentiality."

The presence of Rifamicin (a non-prescribed drug) in Milosevic's blood would
have counteracted the high blood pressure medication he was taking and
increased his risk of the heart attack that ultimately did kill him. The
Tribunal's admission that they knew about the Rifampicin for months, but
didn't tell Milosevic the results of his own blood test until just days
before his death because of "Dutch legal provisions concerning medical
confidentiality" is an incredibly lame and disingenuous excuse. There is no
provision of Dutch law that prohibits a doctor from telling the patient the
results of his own blood test - that would be idiotic. On the contrary,
concealing such information from the patient could be seen as malpractice.

This all gives rise to well-founded suspicion that powerful geopolitical
interests would rather Milosevic die before the end of his trial than see
him acquitted and have their vicious lies exposed. U.S. State Department
cables leaked to Wikileaks confirm that The Tribunal did discuss Milosevic's
medical condition and his medical records with U.S. Embassy personnel in The
Hague without his consent.They clearly didn't care about medical
confidentiality laws when they were blabbing about his medical records to
the American embassy.

It's an unsatisfying outcome that Milosevic has been quietly vindicated for
the most serious crimes that he was accused of some ten years after his
death. At a minimum financial compensation should now be paid to his widow
and his children, and reparations should be paid to Serbia by the western
governments who sought to punish Serbia in order to hold Milosevic
"accountable" for crimes that their own Tribunal now admits he wasn't
responsible for, and was in fact trying to stop.

 

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