German Supreme Court guarantees impunity to NATO butchers

(LA CORTE SUPREMA FEDERALE TEDESCA HA GARANTITO L'IMPUNITÀ AGLI
ASSASSINI DELLA NATO DENUNCIATI DAI PARENTI DEI CIVILI MASSACRATI SUL
PONTE DI VARVARIN)



1) 19.10.06: Serbs take Germany to court over NATO attack during
Kosovo war

2) 02.11.06: German Court Rejects Civilian War Damages Claim

3) TRAGIC BOMBING OF VARVARIN BRIDGE RECALLED IN "THE BOMBER'S DREAM"



=== 1 ===

http://rawstory.com/news/2006/
Serbs_take_Germany_to_court_over_NA_10192006.html

Deutsche Presse-Agentur
October 19, 2006

Serbs take Germany to court over NATO attack during
Kosovo war

Karlsruhe, Germany - The families of civilians killed
and wounded in a NATO airstrike on a Serbian village
17 years ago sought compensation from a German court
on Thursday.

Ten people died and 30 were injured in the May 1999
attack on a bridge in Varvarin at the height of the
Kosovo war.

Although no German planes took part in the raid, the
plaintiffs are seeking 3.5 million euros (4.1 million
dollars) in damages from the German government.

They claim German troops serving with NATO helped
select the target and Germany therefore shared
responsibility for the NATO action.

Three of the 35 plaintiffs appeared before the High
Court to present their case on Thursday.

Vavarian a town of 4,000, is located 200 kilometres
from the province of Kosovo where Slobodon Milosevic's
Serbian army was suppressing ethnic Albanians.

Lawyers for the German government called the attack a
"tragedy," but said they could not see why damages
should be paid because the bridge was a military
target.

NATO has defended the bombing and said the bridge was
a "legitimate" target that served as infrastructure
for the Serbian army fighting in Kosovo.

Varvarin Mayor Zoran Milenkovic, who lost his daughter
Sanja in the air strike, said before the hearing that
"the town was not defended and could not defend itself
against a NATO strike."

Two lower courts had previously rejected claims for
compensation.



=== 2 ===

http://www.dw-world.de/dw/article/0,2144,2223146,00.html

Deutsche Welle
November 2, 2006

German Court Rejects Civilian War Damages Claim

A German federal court decided Thursday that families
of civilians killed in a 1999 NATO air strike on a
Serbian town cannot seek compensation from Germany,
affirming that civilians may not sue countries for war
damages.

Thirty-five survivors and victims' family members from
the Serbian village of Varvarian had been seeking
about 500,000 euros ($638,200) from the German
government until the German Federal Supreme Court in
Karlsruhe, Germany's highest court of appeals, ruled
Thursday that civilian victims of war cannot claim
such damages.

The incident dates back to 1999 when a surprise NATO
air strike in the town of Varvarian at the height of
the Kosovo war killed 10 civilians and injured another
30.

Although no German planes took direct part in the
raid, the plaintiffs claimed that German troops
serving with NATO helped select the target and that
Germany therefore shared responsibility for the NATO
action.

Potentially wide ramifications

With its ruling against paying out war damages to
civilians, the court countered the advice of an
earlier hearing in Cologne. Though the regional court
there rejected the concrete claim of the Varvarian
survivors and relatives, it had ruled that in
principle civilian victims of war could claim damages.

"Traditionally military operations are not subject to
scrutiny in a court of law," Frankfurt civil advocate
Michael Bothe told Der Spiegel magazine before the
ruling was issued. A ruling in favor of the victims
would have been a "landmark on the way to the
civilization of war," he added.

NATO attack on party went unpunished

Whether a pay-out from NATO would have been described
as civilized by the survivors of the attack is another
question, especially considering the horror of the
event over seven years ago.

In May 1999 two NATO warplanes swooped from a
cloudless sky to bomb a celebration of the Festival of
the Holy Trinity in the Serbian village of
Vavarian....

For the people of Varvarin, NATO's war against the
former Yugoslavia was something that had been
happening far away. The provincial Serbian town had
been spared the bombs of the Kosovo campaign until
that day.

While children rushed across a bridge to join the
festivities in the town, the alliance jets launched
their attacks. One missile obliterated the bridge and
as the townsfolk were rushing to the aid of the
wounded, a second missile struck, claiming additional
lives.

Why the bridge and the people of Varvarin were
targeted remains a mystery, as does whether the pilots
knowingly attacked the party. NATO has not revealed
the nationality of the planes, though many believe
they were F-16 fighters from the United States Air
Force.

The alliance spoke only of "collateral damage" at the
time and stated that the target had been a major
motorway bridge though the town was only made up of
small roads and side streets.

Demanding accountability

The survivors question why those who commit crimes or
fatal mistakes in war should not be made to face up to
the consequences.

"One cannot kill somebody and then say that no-one is
responsible," said Vesna Milenkovic, the mother of a
15-year-old victim of the attack.

Some countries have taken responsibility for similar
attacks in the past, mainly due to potential political
pressures. When the United States admitted to the
bombing of the Chinese Embassy in Belgrade during the
war, the furor was enough to prompt a payout of $28
million to the People's Republic of China and $4.5
million to the survivors and relatives of the dead.

Those countries who have been accused of fatal
mistakes by civilian victims have usually escaped
paying compensation by maintaining that individuals
cannot sue a state.

In 2002, when the Canadian Court of Appeal threw out a
case against Canada for what Yugoslavian victims of
the war called its "political decision to take part in
the bombardment by NATO," the Canadian government was
accused of enjoying a self-imposed immunity.

Germany has also rejected similar claims in the past.
The Federal Supreme Court recently rejected a claim
for damages from the inhabitants of the Greek village
of Distomo, which was the scene of a Nazi SS massacre
in 1944.

Call for civil cases gathering strength

Since the end of World War II, however, calls for
individual claims against nations have gotten
stronger. In May 2005 the UN human rights commission
asked states to pave the way for individual damage
claims in cases where international law had been
breached.

Germany, however, has not ratified that resolution.
The Varvarin case landed in German courts because the
Serb claimants were only able find financial support
for their case in Germany.



=== 3 ===


From: petar
Subject: "THE BOMBER'S DREAM" - Documentary on HISTORY TV, Canada
Monday August 7, 8pm ET/5 pm PT with a repeat at 12am ET/9 pm PT
Date: August 4, 2006 1:58:37 AM GMT+02:00


TRAGIC BOMBING OF VARVARIN BRIDGE RECALLED IN
"THE BOMBER'S DREAM"

MONDAY, AUGUST 7 ON HISTORY TELEVISION - Canada
Monday, August 7, 8pm ET/5 pm PT with a repeat at 12am ET/9 pm PT

[ALSO: An interview with filmmaker Barry Stevens -- on "Monday's
Encounter" on CKCU 93.1 FM in Ottawa on the same day, Monday, August
7, at 6 P.M. --To hear the show after the airing, click to:
http://f2.pg.briefcase.yahoo.com/pertep (go to CKCU and pick the show)]

The 1999 NATO air strike on a bridge in the small Serbian town of
Varvarin is an important topic covered in THE BOMBER'S DREAM.

The documentary is a landmark, feature-length film that takes a hard
look at the hidden history of the most significant military
innovation of the past century. It airs the day after Hiroshima
Day, on Monday, August 7, 8pm ET/5 pm PT (repeat at 12 midnight ET/9
pm PT).

Directed by award-winning Canadian filmmaker Barry Stevens, the film
addresses the heated moral controversy of aerial bombing and looks at
a recent high-tech air strike that went tragically wrong, resulting
in the first-ever lawsuit by the victims against those who bombed
them. It tells the story of Vesna Milenkovich, who lost her
daughter Sanya when the bridge in Varvarin was bombed in a NATO air
strike. Milenkovich joins other injured townspeople to seek justice
in a foreign court.

CAUGHT IN THE CROSSHAIRS: HISTORY TELEVISION'S THE BOMBER'S DREAM
TARGETS THE ISSUES AND ETHICS OF BOMBING CIVILIANS

Nothing epitomizes the brutality of modern warfare like aerial
bombing. By the end of World War II, bombing had erased the old
distinction between soldiers and civilians. Air power has given the
USA and the West their unprecedented dominance. Yet rarely has
television told this story.

Award-winning Canadian filmmaker Barry Stevens weaves history and a
present-day detective story into a visually arresting and personal
journey into the heart of desire for ultimate military power.

A writer, director, and producer of many documentaries, Barry Stevens
is perhaps best known for " Offspring " (2001). It was sold to about
40 countries and nominated for an International Emmy, and received
the Donald Brittain Gemini for best social documentary, and other
honors. His writing awards include Geminis for Gerrie & Louise,
(1997 International Emmy for Best Documentary) and The Diary of
Evelyn Lau (featuring the screen debut of Sandra Oh).

- 30 -

Contact: Linda Litwack at (416) 782-7837/ lalitwack@....
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