* CONTINUA LA GUERRA IN BOSNIA: truppe di occupazione della NATO
rapiscono leader politico della Repubblica Serba.
Sul "garantismo" del Tribunale dell'Aia: la cattura di un presunto
criminale di guerra avviene sulla base di un mandato e di accuse
"secretate", contro qualsiasi prassi giudiziaria di questo pianeta.
* Arkan fatto fuori perche' si sottraeva alla cattura?
* RICHIESTA AL CONSIGLIO DI SICUREZZA DELL'ONU PER LA ABOLIZIONE DEL
TRIBUNALE DELL'AIA PER I CRIMINI COMMESSI SUL TERRITORIO DELLA EX-RFS DI
JUGOSLAVIA
Sulla natura del Tribunale dell'Aia si veda anche:
http://www.egroups.com/message/crj-mailinglist/148?&start=145
---
SOLDATI FRANCESI NOTTETEMPO CATTURANO MOMCILO KRAJISNIK
NELLA SUA ABITAZIONE: ANZICHE' APRIRE LA PORTA (APERTA)
LA FANNO SALTARE IN ARIA CON LA DINAMITE
> PALE, Bosnia-Hercegovina, April 3 (AFP) - NATO-led peacekeepers
>blasted their way into the home of Momcilo Krajisnik in the middle
>of the night and held family members at gunpoint, Krajisnik's sons
>told AFP Monday.
> Krajisnik, 55, was arrested on a secret indictment by the
>International Criminal Tribunal for the former Yugoslavia (ICTY) on
>charges of genocide, crimes against humanity and warcrimes.
> When the French-led SFOR troops swooped on the house in the Serb
>stronghold of Pale, Krajisnik, his parents, and his two teenage sons
>were asleep.
> Nemanja Krajisnik, the younger son, said he was awakened by "a
>loud explosion," and a few seconds later he saw "SFOR soldiers
>wearing black masks" standing by his bed.
> "One of them said good morning in English, and then they swiftly
>searched me and my room", he said.
> The other son, Milos, said: "The soldiers dragged me out of the
>bed, pushed me to the floor, face down, and tied my hands in the
>back with a plastic band."
> "They held me at the gunpoint, so that I could not see my
>father. I was afraid," he said.
> The wooden doors of the Krajisnik home were destroyed, with
>pieces of wood scattered over several meters (yards), an AFP
>correstondent on the spot said.
> Traces of muddy boots were left on the sheets in Krajisnik's
>bedroom on the first floor, and every room in the house was
>ransacked.
> SFOR gave no details of the operation.
> No one saw Krajisnik being led away as the soldiers forced the
>entire family to lie down, the sons said.
> "Everything happened very quickly. It did not last more then 10
>minutes," Milos said, adding: "I knew who they came for, but I don't
>know why they had to mistreat us."
> Visibly shaken, Krajisnik's mother Milka, 76, said she had heard
>their dog barking, and then the explosion. "I saw the flash, like
>lightning, and the hall filled with smoke," she said.
> "They held me and my husband, who is 80, at gunpoint in a
>kitchen. I wanted to see my son, but they prevented me," she said,
>adding that one of the SFOR soldiers spoke in Serbian.
> "When the SFOR left I found his (Momcilo's) clothes and slippers
>by his bed. They did not let him change. He was taken barefoot,
>wearing only his pyjamas," she said.
> Krajisnik's wife died a few years ago and daughter Milica, a
>student, was not in the house.
Krajisnik's wife was wounded in Sarajevo and she died.
---
>From RTS (Edited for readability):
PALE
One of the best known representatives of the authorities in the Republic
of
Srpska, former President of the Republika Srpska Assembly, a member of
Bosnia and Hercegovina's Presidency, and a participant at the Dayton
peace
conference, Momcilo Krajisnik, was arrested and taken to the Hague on
Monday. This was accomplished in a most brutal way by the International
forces in Bosnia and Hercegovina.
On Monday morning SFOR troops entered his house, broke down the door
with
dynamite, tied up his children, and locked his parents in the kitchen.
Krajisnik was taken in his pyjamas, barefooted, to be accused of so
called
"genocide" and "crimes against humanity".
BELGRADE
The Yugoslav Foreign Ministry on Monday condemned the perfidious arrest
of
Momcilo Krajisnik, former Republika Srpska (R.S.) parliamentary speaker
and
member of Bosnia's three-man presidency, by Bosnia's Stabilisation Force
(SFOR). In a statement issued by the Ministry it is said that this
shameless
and scandalous act by NATO-led SFOR was a direct attack on the Dayton
peace
agreements. This is the latest and most dramatic form of activity, made
on
the eve of Bosnia's elections, aimed at stifling democracy and
intimidating
and discriminating against the Serbs with a view of promoting the U.S.
administration's and NATO's puppet regime, which would seek to create a
unitary Bosnia-Herzegovina and eliminate Republika Srpska an equal
entity in
Bosnia. This act of violence clearly indicates that NATO continues its
policy of genocide against Serbs in an organised manner. By minimising
the
importance of the Dayton and Paris agreement, initial results in
restoring
confidence, security and safety in Bosnia-Herzegovina are annulled.
SFOR's
action has once again shown that force is an instrument openly used by
NATO,
which unequivocally indicates that the United Nations has been totally
outmanoeuvred. The peacekeeping mission has been taken advantage of in
political, legal and moral principles in international relations. They
have
enabled the policy of force to usurp their role of supreme arbiter in
the
world. The arrest of Krajisnik shows that the so-called Hague tribunal
operates only as an illegitimate political body with a task to ensure
the
collective punishment of all the Serbs, announced the Yugoslav Foreign
Affairs Ministry. Momcilo Krajisnik arrest has been severely condemned
by
the Socialist Party of Serbia, the Yugoslav United Left, the Serbian
Radical
Party, and numerous other political parties, organisations and
associations.
-----Original Message-----
From: MDordevic@... <MDordevic@...>
>My sister informed me some minutes ago from Beograd.
>
>SFOR brutally arrested Krajisnik and brought him
>immediately to Hague. He was put recently at
>the secret list of indicted Serbs.
>He was arrested in his parent's house at Pale. His father
>(80) mother (78) were present and are in a state of shock
>as SFOR used dynamit to break the entry door which
>was even not locked.
>
>Krajisnik never had any military function during the civil war.
>
>Carla del Ponte was two days ago in Sarajevo.
>
>After the Dayton agreement, during several years,
>Momcilo Krajisnik was a member of Presidency in
>Sarajevo together with Izetbegovic and the Croatian
>member.
>
>Who is next ... ?
>
>Miodrag Djordjevic
>
-----Original Message-----
From: info@... <info@...>
Date: Monday, April 03, 2000 4:55 PM
Subject: [sorabia] [DSS] The Hague Never Changes
>The Hague Never Changes - Statement by President of the Democratic Party of
>Serbia Vojislav Kostunica
>
>The brutal arrest of Momcilo Krajisnik, a prelude to his trial at The
Hague,
>has eliminated the last traces of doubt about the true nature of the
>International Criminal Tribunal for former Yugoslavia. It is crystal clear
>that the war crimes tribunal is neither legal nor judicial or international
>institution. The court is a mere tool in the hands of NATO, or more
>precisely, the United States, eager to establish law and order tailored to
>the immediate needs and apparently not too impressive intellect of those
>who, to the detriment of human race and the United States, have been
pulling
>strings in that large country.
>
>If the ICTY dared mentioned crimes committed in Yugoslavia during the NATO
>bombing, which reports by several international organisations, the Human
>Rights Watch in particular, have already described, the court would have to
>create at least subsequent illusion of objectivity. Since this is not the
>case, its image remains the same and it is up to the public to judge what
is
>really behind the arrest of Momcilo Krajisnik, a senior official of the
Serb
>Democratic Party, one of the participants in the Dayton peace conference
and
>one of the members of the Bosnian presidency, who made it clear that he had
>no intention of abandoning his country and his people. Is the purpose of
>this move to cover up NATO's fiasco in Kosovo and Bosnia or the traces of
>the alliance's crimes during the last year bombing of Yugoslavia, followed
>by violence committed by NATO's proteges among Albanian terrorists? Is this
>a private war waged by several people in the U.S. administration against
not
>only Serb representatives but Serbs in general, or is it a bid to influence
>yet another quasi-vote in Bosnia? It is very likely that "yes" to both
>questions would not be a wrong answer.
>
>Belgrade, April 3, 2000
>----------------------------------------------------------------------
>E-mail: info@...
>http://www.dss.org.yu
>Democratic Party of Serbia, Brace Jugovica 2a, 11000 Belgrade, Yugoslavia
>Tel: (381 11) 182 535; 183 525; 638 013; 328 2886
>Fax: (381 11) 328 1793
-----Original Message-----
From: Servisch Informatie- en Cultuurcentrum <Grbic@...>
To: news@... <news@...>
Date: Monday, April 03, 2000 10:05 PM
Subject: Radovan K.aradzic, Ratko Mladic "hunted down, like Arkan"
TILBURG / HAG, 3 april 2000 /SSICC/ - Today, the spokesman of the Hague
Tribunal for War Crimes in the former SFRYu P. Wesley said that Radovan
Karadzic and Ratko Mladic would be better off personally if they
surrendered. Otherwise, they will be "hunted down, like Arkan", which
means
that anybody might kill them without being prosecuted for that. This is
the
first public revelation that Zeljko Raznatovic has been "sentenced to
death".
Jovan Grbic,
Serbian Information and Cultural Centre, Tilburg, Netherlands
--- Kalle Svensson <kmotk@...> wrote:
From: "Kalle Svensson" <kmotk@...>
To: reclaimthestreets@...
Subject: Nato War Criminals!
Date: Wed, 22 Mar 2000 16:34:01 SAST
Reclaim the Streets NYC -
http://reclaimthestreetsnyc.tao.ca
23 MARCH 1999, JAVIER SOLANO, NATO SECRETARY
GENERAL,GAVE ORDERS TO BOMB THE
FEDERAL REPUBLIC OF YUGOSLAVIA.
There are now a number of legal documents on the
internet relating to NATO's bombing of Yugoslavia.
They orginate from some of the finest legal minds in
the world. They are attempts to bring about the
indictment of NATO's military and political leaders at
the International Criminal Tribunal for the former
Yugoslavia. They are extensive but extremely
interesting documents. Print them out and take time to
read them. Show them to your friends and family. Write
letters to newspapers about them...spread the
word...NATO's leaders are War Criminals.
http://www.jurist.law.pitt.edu/icty.htm
http://www.nato-warcrimes.gr
http://ban.joh.cam.ac.uk/~maicl
http://www.balkan.cc "English Text"
It is practically unknown that the attorneys and
law professors responsible for the above documents met
the War Crimes Tribunal Prosecutor on 9 June 1999 to
discuss the indictment of NATO. The following day, she
was made a judge of the Canadian Supreme Court
and resigned as the Tribunal's prosecutor!
Professor of Law, Michael Mandel, wants 64 of NATO's
leaders indicted for War Crimes as a result of NATO's
bombing. On 11 June 1999, Mandel gave a devastating
press conference in Toronto. You can read it at:
http://galeb.etf.bg.ac.yu/~vukosavic/case2.txt
A possible activity for the future are open-air
"mock trials" of NATO leaders, perhaps based on the
above documents.
Clinton, Albright, Cohen, Blair, Chirac, Schröder
are War Criminals! Make sure they know you know!
---
STOP NATO: NO PASARAN! - HTTP://WWW.STOPNATO.HOME-PAGE.ORG
:
Tue, 21 Mar 2000 12:58:47 +0100
From:
"Milan Tepavac" <miltep@...>
Before sending this text to the states members of the Security Council
of the UN I'd like to have
anybody's well-intentioned comments and/or suggestions. Especially about
what kind of action
would be most appropriate in order to succeed in the basic aim of this
initiative: to abolish this
perverse institution, which is a disgrace to the concept of justice. It
is now the main tool for satanisation of the Serbs and political and
psychological pressure on them and their state.
INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS
RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER
YUGOSLAVIA SINCE 1991
REQUEST TO THE SECURITY COUNCIL
FOR ITS CANCELLATION
Indeed, the idea to exclude from criminal prosecution of
those who inspired, planned,
assisted (including weapons), ignited and conducted secessionist wars in
Slovenia, Croatia and
Bosnia and Herzegovina, and prosecute only those who while killing one
another failed to stick to the
certain stipulated rules (the rules of international humanitarian law),
could be born only in pervert and
sick minds. Who those minds are is difficult to say, but it is known
that they are coming from
Clinton's and Kohl's environment. The predominant ones are, no doubt,
Madeleine Albright, Samuel
Berger, Daniel Sheffer, James Rubin, William Cohen, Lawrence
Eagleburger, Richard Goldstone,
the Nazi Hans Dietrich Genscher and who knows who not. The oddest thing
of all is, certainly, how
the official politics of USA, Germany and many other states could accept
such an ugly idea for its
official attitude and impose it to the Security Council of the United
Nations which established a court
based on such an idea. It is well known that London Agreement of 8
August 1945 (which is, of
course, still in force) on punishment of the main Nazi criminals and its
Statute, in the first place
incriminate exactly "the crimes against peace: namely, planning,
preparation, initiation or waging of
a war of aggression, or a war in violation of international treaties,
agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of
any of the foregoing.
Leaders, organisers, instigators and accomplices participating in the
formulation or execution of a
common plan or conspiracy to commit any of the foregoing crimes are
responsible for all acts
performed by any persons in execution of such plan." (Article 6 (a) of
the Statute of the Tribunal).
Violent secession - especially the one endangering international peace
and security as were those that
broke SFR Yugoslavia into pieces - surely fit into the formulation of
the crime against peace.
From the time when someone had an idea to establish such a
tribunal until nowadays, the
Tribunal has been called in question both on the grounds of the body
which established it (The
Security Council of the United Nations) and on the grounds of its
jurisdiction ("trial of the persons
responsible for the serious violations of the international humanitarian
law in the territory of the former
Yugoslavia since 1 January 1991."! It has been contradicted not only by
all the people who are
significant for the international humanitarian law, but also by all the
people with common sense. It can
be said that the Tribunal was established by the people who had no
connection with international
law, the inventors of the concept of "The New World Order" according to
which the force and
political violence is the only "law" recognised by them. Still we should
define why the Serbian nation
was chosen for implementation of that concept. Why the mere attempt of
Serbian nation to
defend its country from the secessionist crime pronounced to be the
crime, while at the
same time that right is recognised to all other nations? Even the chief
sheriff of the New World
Order does not deny that right to the others. On 19 November 1999, on
the Summit of Organization
for Security and Co-operation in Europe, held in Istanbul Clinton said:
"We believe Russia has not
only the right, but the obligation to defend its territorial integrity".
Instead of recognition of the same
right to the Serbian nation, its striving to keep its state is
pronounced to be a crime and the Tribunal
is established for its punishing!!
I
1. Establishment and jurisdiction of the Tribunal
This Tribunal was, as it is well known, established by
Resolution 827 of the Security
Council of the United Nations of 25 May 1993. Invoking the Chapter VII
of the United Nations
Charter, the Resolution states that the Tribunal has been established
"solely for prosecution of the
persons responsible for serious violations of international humanitarian
law committed in the territory
of the former Yugoslavia between 1 January 1991 until the date which
shall be determined by the
Security Council after the peace establishment." At the end, under item
9, the Resolution states that
the Council "decides to remain actively seized of the matter".
Statute of the Tribunal, adopted by the Security Council in
the foregoing Resolution, has
determined that this "Tribunal" has jurisdiction as regards the
following crimes:
- grave breaches of the 1949 Geneva Conventions (Article 2),
- violations of the laws or customs of war (Article 3),
- genocide (Article 4) and
- crimes against humanity (Article 5).
So, the Security Council has not - as it was emphasised in
the beginning of the text -
given jurisdiction to the Tribunal regarding crimes against peace and
security of the
humanity as aggression, planning and conducting secessionist war and
alike. The reason is
obvious - in order not to prosecute those who directed and ignited
Yugoslav tragedy, that is the
leaders of Yugoslav secessionist republics and their foreign protectors,
masters and other
accomplices. In other words, the Security Council sent the message to
Yugoslavs: it is all
right to kill one another, but it is not all right to do it without
compliance with the rules
stated under the Articles 2-5 of the Statute!
And, that is not all! The Statute defined the foregoing
crimes, but in many ways
differently than they were defined by modern international law! In that
manner the Security
Council took the role of legislator to which, of course, it is not
entitled according to the
United Nations Charter!
Pursuant to the Article 24, paragraph 1 of the Statute, the
Security Council has even
abolished capital punishment for international crimes, although it was
introduced by the
Article 27 of the Statute of the Tribunal for trial of Nazis. Of course,
one may be for or
against capital punishment, but it is certainly not in the competence of
the Security Council
to decide whether it shall exist in international law or be abolished.
It should be also emphasised that the crimes as stated under
the Articles 2 and 3
(violations of Geneva Conventions and war laws and customs) may be
committed only in
the armed conflicts of international character, not in internal
conflicts. That way the Security
Council beforehand took the position that the conflict in Yugoslavia was
of an international character,
although the real answer to that question may come only from the science
of international law, and
not from the Security Council, which is a political and not an expert
body.
Apart from the fact that the jurisdiction of the Tribunal is
limited, only to ius in bello, and
not to ius ad bellum, the territorial limitation ("region of former
Yugoslavia") as well as time limit
("since 1 January 1991") give special dimension of absurdity to this
institution.
Russia and NR China voted for this Resolution as well.
2. Structure and Financing (for details see FACT SHEET on
www.un.org/icty )
Tribunal consists of the following judges:
President: Claude Jorda (France), Vice-President: Florence Ndepele
Mwachande Mumba
(Zambia).
Presiding Judges: David Anthony Hunt (Australia), Richard George May
(United Kingdom) and
Almiro Simoes Rodrigues (Portugal).
Judges: Lal Chand Vohrah (Malaysia), Fouad Abdel-Moneim Riad (Egypt),
Mohamed
Shahabuddeen (Guyana), Wang Tieya (China), Rafael Nieto-Navia
(Colombia), Mohamed
Bennouna (Morocco), Patrick Lipton Robinson (Jamaica), Patricia Wald
(United States of America)
and Fausto Pocar (Italy).
PROSECUTOR:
Chief Prosecutor: Justice Carla del Ponte (Switzerland), since 15
September 1999.
Deputy Prosecutor: Graham Blewitt (Australia), since 15 February 1994.
As we can see Russia and NR China do not have their judges
in the Tribunal.
The Tribunal has so far grown up in a monster consisting of
832 officers from 68 states,
handling budget of 95,942.600 dollars for 2000 - ten times more than the
International Court of
Justice! It is financed by mostly USA and Arab states.
3. Work of the Tribunal (for more details see FACT SHEET on
www.un.org/icty)
Up to now 93 persons were accused, most of them being Serbs.
Out of these 93
accused, seven died - two in casemates of the Tribunal under
questionable circumstances
(Dokmanovic and Kovacevic), while the two were killed by SFOR while
trying to kidnap them in
Bosnia (Drljaca and Gagovic).
In the cells of Tribunal in the Hague there are 35
prisoners, 30 of them being Bosnian Serbs
among whom there are generals of the Army of Republic of Srpska Momir
Talic (kidnapped in
Vienna, under the Tribunal's order, by Austrian police while attending
international gathering under
the auspices of the OSCE and Austrian Ministry of Defence!!!), Radislav
Krstic and Milan Simic, 4
Croats and 1 Muslim. This very fact speaks against whom this Tribunal
has been established. So far,
the Tribunal brought several verdicts. Of course, it cannot be said how
many person shall be indicted
and who are those persons, even more because its practice is to have
so-called "secret indictments".
As it is well-known, the Tribunal also indicted citizens of FR
Yugoslavia - Slobodan Milosevic,
President of FRY; Milan Milutinovic, President of Serbia; Nikola
Sainovic, Dragoljub Ojdanic,
Vlajko Stojiljkovic, Mile Mrksic, Miroslav Radic and Veselin
Sljivancanin.
On the basis of the indictment against the president of FR
Yugoslavia and other high officials,
the United States of America has these days committed crime without
precedent in the international
relations: it offered 5 million dollar reward to anyone who helps their
kidnapping, murder and alike.
By this the current regime in USA showed and proved that it outlawed and
placed itself out of
civilisation norms, as well as introduced the "Wild West law" in the
international relations, while the
Tribunal showed to be blind instrument of that politics, not a court of
law and justice.
Not one of the persons accused by the Tribunal is
responsible for the war. The war
was imposed to them; they are its victims as the millions of Yugoslavs.
On the other hand,
Tribunal did not accuse any of the real culprits for Yugoslav tragedy:
leaders of
secessionist republics and their foreign planners, instigators and other
accomplices from
USA, EU, NATO and Vatican. This fact best indicates the true nature of
the Tribunal.
Although the author of this text addressed the Tribunal several times -
more precisely 23 May 1995,
4 September 1995, 14 October 1995, 9 May 1996, 2 July 1997 and 21 July
1998 - requesting
initiation of the criminal proceedings against all these main culprits
for Yugoslav tragedy and
endangering international peace and security, the Tribunal and its chief
prosecutor did nothing. The
Nuremberg and the Tokyo tribunals did exactly that: they tried main
criminals, while all others were
left to national courts.
Furthermore, the chief prosecutor of the Tribunal Carla Del
Ponte persistently
refuses to initiate investigation and procedure against the leaders of
the NATO member
states and officials of that aggressor alliance for aggression on FR
Yugoslavia and on that
occasion committed crimes, though she herself says that she received
numerous requests
(including mine - 12 October 1998, 21 February 1999, 29 March 1999 and
15 May 1999) and
voluminous documentation accusing them, including evidence submitted by
Russian Duma.
II
Since the first day of its existence, the Tribunal has been
challenged on all the grounds not
only by numerous international lawyers but also by many other people
with common sense. Many
arguments have been presented that it is the instrument of politics of
force of the United States of
America and its satellites (NATO and EU) for destruction of Yugoslavia
(former and current) and all
the Serbian nation and not court of law. At the same time, the people in
Yugoslavia constantly
wander how it is possible that Russia and China did nothing to oppose
the establishment of this
institution, which represents mockery of justice and equity.
In challenging this institution, first of all it is
emphasised that the Security Council of the
United Nations had no right according to the United Nations Charter to
establish international
criminal court, to limit its jurisdiction territorially and temporally,
to prescribe for which international
crimes it shall have jurisdiction and for which not by excluding its
jurisdiction with regards to the most
serious crimes against peace and security such as aggression, armed
secession, intervention in
internal affairs, international terrorism. It is also emphasised that it
was a political self-will of the
Security Council aimed against Serbian nation, that the real goal of
establishment of this Tribunal was
pointing a finger at the party which was not responsible in order to
protect the real culprits, etc.
Therefore, FR Yugoslavia did not recognise this Tribunal until it was
forced to sign, although vague,
obligation of co-operation with it in Dayton. The Americans, by
permanent pressure to satisfy all the
Tribunal's requests, constantly terrorise FR Yugoslavia and the entire
Serbian nation.
If the Security Council of the United Nations by
establishing this Tribunal (and the one for
Rwanda) overstepped its authorisations and resorted to self-will, it has
done it even in greater and
more dangerous degree by prescribing new international crimes by the
Statute of the Tribunal
for Yugoslavia, thus awarding itself with legislator's function in the
international field! In
fact, pursuant to the Articles 2 and 3 of the Statute, the Council
prescribed that the rules of
international humanitarian law, which are otherwise referring to the
international armed conflicts,
should apply to the armed conflict in Yugoslavia, although it is
non-international (internal)
armed conflict for which the legal rules referring to the internal
conflicts should be valid, i.e., first of
all the joint Article 3 of the 1949 Geneva Conventions and Supplemental
Protocol II to these
Conventions adopted in 1977. Furthermore, if the Article 5 of the
Statute could be considered to be
valid for the case of war and in peace, the Security Council added to
that Article some of its own
"rules" which are not part of modern international humanitarian law,
such as "jail", "torture", "rape",
"other non-humane actions" (?!).
Because of such a state of affairs, international lawyers
more and more often demand that the
issue of judicial, i.e. legal, control of the decisions and documents of
the organisation of the United
Nations is to be solved urgently, and first of all the decision of the
Security Council, so as to prevent
its self-will.
The course of the trials so far before this Tribunal
indicate what the real role and power of
this Tribunal is, and it shall be even clearer. For example, in the
beginning of the trial of the Serbian
Dusko Tadic we heard the prosecutor and one witness of the prosecution,
a James Gau, British, as
"an expert for Yugoslav affairs". In reply to the key question who holds
responsibility for the
destruction of Yugoslavia and commencement of war, they say the same
what their paymasters
are blowing into the trumpet from the very beginning: Serbs! Since they
could not possibly deny
the fact that any normal person knows that the Serbs fought to remain in
Yugoslavia and
that the others left it by anti-constitutional violent secession, they
say: well, they had to,
because they had good reasons to be afraid of Serbian nationalism! And
so on. Some signs show
that the things will not go the way they imagined. For instance, the
President of the Trial Chamber of
the Court in Tadic case as well as the Defence asked some, for them
unpleasant questions such as:
how Yugoslav National Army could be occupier in its own country?! "Could
American Army
occupy, e.g. Texas?", asked the President of the Trial Chamber American
Gabriella Kirk
McDonald. Does the state have right to defend itself from secession? The
American surely knows
history of her country that well to be aware how the former president of
her country Lincoln dealt
with secession. Furthermore, the sentence of Tadic caused headache to
the Tribunal's inventors:
namely, the sentence stated that it was non-international armed conflict
in Bosnia, which means that it
was civil war, and not the international, on which the prosecution
insisted. That annihilates the entire
concept, the entire "philosophy" of the enemy of the Serbian nation -
that the war in Bosnia and
Croatia was in fact aggression, of course made by FR Yugoslavia.
Therefore the Tribunal's
prosecutor lodged a complaint against the judgement, and the Tribunal
was ordered to revoke this
judgement and bring another according to which the conflict in Bosnia
would be of "international
character"! Consequently, the norms of international law regulating
internal conflicts have not been
applied for the war conducted on some parts of the former Yugoslavia,
precisely the common Article
3 of the Geneva Conventions and Protocol II, but the norms covering
armed conflicts of international
character!
All the above indicates that it is high time to initiate in
the Security Council the question of
abolishment of this Tribunal, which represents monstrous monument to the
tyranny of the Untied
States of America and their satellites over a small state and small
nation which was in the First and
Second World War exposed to the horrible genocide by Croat and Muslim
Ustasha's (pro-fascist
collaborators) and Nazis. That genocide is now continued by USA and
their NATO and EU
satellites by means of sanctions, aggression and political isolation and
terror. In these crimes Tribunal
is one of the most efficient instruments. Not only that it has to be
abolished as soon as possible, but it
should not have ever been established.
Therefore, the Security Council of the Untied Nations should
bring the following decision on
the grounds of the item 9 of its Resolution 827:
1. The International Criminal Tribunal for Former Yugoslavia
is abolished.
2. All the convicted or accused persons who are in the
prisons of the Tribunal are to
be delivered to their national states for the procedure before the
jurisdictional courts for
the crimes imputed to them, together with all the documentation and
evidence in their
possession. The Security Council shall control how the states are
conducting the criminal
procedures for the violation of the international humanitarian law and
shall take the
necessary measures - including sanctions anticipated by the United
Nations Charter -
against those states which would in any manner avoid objective and fair
actions.
3. All the states are called on to ratify the Rome Statute
of the International
Criminal Court as soon as possible, in order that the international
community could have a
real, permanent international criminal court like the International
Court of Justice.
Beograd, March 20,
2000
Milan Tepavac, Ph.D.
miltep@...
Member of the International Law
Yugoslav Association
Member of the International Law
World Association
Member of the Belgrade Bar
Association
Member of the Serbian Bar
Association
--------- COORDINAMENTO ROMANO PER LA JUGOSLAVIA -----------
RIMSKI SAVEZ ZA JUGOSLAVIJU
e-mail: crj@... - URL: http://marx2001.org/crj
http://www.egroups.com/group/crj-mailinglist/
------------------------------------------------------------
rapiscono leader politico della Repubblica Serba.
Sul "garantismo" del Tribunale dell'Aia: la cattura di un presunto
criminale di guerra avviene sulla base di un mandato e di accuse
"secretate", contro qualsiasi prassi giudiziaria di questo pianeta.
* Arkan fatto fuori perche' si sottraeva alla cattura?
* RICHIESTA AL CONSIGLIO DI SICUREZZA DELL'ONU PER LA ABOLIZIONE DEL
TRIBUNALE DELL'AIA PER I CRIMINI COMMESSI SUL TERRITORIO DELLA EX-RFS DI
JUGOSLAVIA
Sulla natura del Tribunale dell'Aia si veda anche:
http://www.egroups.com/message/crj-mailinglist/148?&start=145
---
SOLDATI FRANCESI NOTTETEMPO CATTURANO MOMCILO KRAJISNIK
NELLA SUA ABITAZIONE: ANZICHE' APRIRE LA PORTA (APERTA)
LA FANNO SALTARE IN ARIA CON LA DINAMITE
> PALE, Bosnia-Hercegovina, April 3 (AFP) - NATO-led peacekeepers
>blasted their way into the home of Momcilo Krajisnik in the middle
>of the night and held family members at gunpoint, Krajisnik's sons
>told AFP Monday.
> Krajisnik, 55, was arrested on a secret indictment by the
>International Criminal Tribunal for the former Yugoslavia (ICTY) on
>charges of genocide, crimes against humanity and warcrimes.
> When the French-led SFOR troops swooped on the house in the Serb
>stronghold of Pale, Krajisnik, his parents, and his two teenage sons
>were asleep.
> Nemanja Krajisnik, the younger son, said he was awakened by "a
>loud explosion," and a few seconds later he saw "SFOR soldiers
>wearing black masks" standing by his bed.
> "One of them said good morning in English, and then they swiftly
>searched me and my room", he said.
> The other son, Milos, said: "The soldiers dragged me out of the
>bed, pushed me to the floor, face down, and tied my hands in the
>back with a plastic band."
> "They held me at the gunpoint, so that I could not see my
>father. I was afraid," he said.
> The wooden doors of the Krajisnik home were destroyed, with
>pieces of wood scattered over several meters (yards), an AFP
>correstondent on the spot said.
> Traces of muddy boots were left on the sheets in Krajisnik's
>bedroom on the first floor, and every room in the house was
>ransacked.
> SFOR gave no details of the operation.
> No one saw Krajisnik being led away as the soldiers forced the
>entire family to lie down, the sons said.
> "Everything happened very quickly. It did not last more then 10
>minutes," Milos said, adding: "I knew who they came for, but I don't
>know why they had to mistreat us."
> Visibly shaken, Krajisnik's mother Milka, 76, said she had heard
>their dog barking, and then the explosion. "I saw the flash, like
>lightning, and the hall filled with smoke," she said.
> "They held me and my husband, who is 80, at gunpoint in a
>kitchen. I wanted to see my son, but they prevented me," she said,
>adding that one of the SFOR soldiers spoke in Serbian.
> "When the SFOR left I found his (Momcilo's) clothes and slippers
>by his bed. They did not let him change. He was taken barefoot,
>wearing only his pyjamas," she said.
> Krajisnik's wife died a few years ago and daughter Milica, a
>student, was not in the house.
Krajisnik's wife was wounded in Sarajevo and she died.
---
>From RTS (Edited for readability):
PALE
One of the best known representatives of the authorities in the Republic
of
Srpska, former President of the Republika Srpska Assembly, a member of
Bosnia and Hercegovina's Presidency, and a participant at the Dayton
peace
conference, Momcilo Krajisnik, was arrested and taken to the Hague on
Monday. This was accomplished in a most brutal way by the International
forces in Bosnia and Hercegovina.
On Monday morning SFOR troops entered his house, broke down the door
with
dynamite, tied up his children, and locked his parents in the kitchen.
Krajisnik was taken in his pyjamas, barefooted, to be accused of so
called
"genocide" and "crimes against humanity".
BELGRADE
The Yugoslav Foreign Ministry on Monday condemned the perfidious arrest
of
Momcilo Krajisnik, former Republika Srpska (R.S.) parliamentary speaker
and
member of Bosnia's three-man presidency, by Bosnia's Stabilisation Force
(SFOR). In a statement issued by the Ministry it is said that this
shameless
and scandalous act by NATO-led SFOR was a direct attack on the Dayton
peace
agreements. This is the latest and most dramatic form of activity, made
on
the eve of Bosnia's elections, aimed at stifling democracy and
intimidating
and discriminating against the Serbs with a view of promoting the U.S.
administration's and NATO's puppet regime, which would seek to create a
unitary Bosnia-Herzegovina and eliminate Republika Srpska an equal
entity in
Bosnia. This act of violence clearly indicates that NATO continues its
policy of genocide against Serbs in an organised manner. By minimising
the
importance of the Dayton and Paris agreement, initial results in
restoring
confidence, security and safety in Bosnia-Herzegovina are annulled.
SFOR's
action has once again shown that force is an instrument openly used by
NATO,
which unequivocally indicates that the United Nations has been totally
outmanoeuvred. The peacekeeping mission has been taken advantage of in
political, legal and moral principles in international relations. They
have
enabled the policy of force to usurp their role of supreme arbiter in
the
world. The arrest of Krajisnik shows that the so-called Hague tribunal
operates only as an illegitimate political body with a task to ensure
the
collective punishment of all the Serbs, announced the Yugoslav Foreign
Affairs Ministry. Momcilo Krajisnik arrest has been severely condemned
by
the Socialist Party of Serbia, the Yugoslav United Left, the Serbian
Radical
Party, and numerous other political parties, organisations and
associations.
-----Original Message-----
From: MDordevic@... <MDordevic@...>
>My sister informed me some minutes ago from Beograd.
>
>SFOR brutally arrested Krajisnik and brought him
>immediately to Hague. He was put recently at
>the secret list of indicted Serbs.
>He was arrested in his parent's house at Pale. His father
>(80) mother (78) were present and are in a state of shock
>as SFOR used dynamit to break the entry door which
>was even not locked.
>
>Krajisnik never had any military function during the civil war.
>
>Carla del Ponte was two days ago in Sarajevo.
>
>After the Dayton agreement, during several years,
>Momcilo Krajisnik was a member of Presidency in
>Sarajevo together with Izetbegovic and the Croatian
>member.
>
>Who is next ... ?
>
>Miodrag Djordjevic
>
-----Original Message-----
From: info@... <info@...>
Date: Monday, April 03, 2000 4:55 PM
Subject: [sorabia] [DSS] The Hague Never Changes
>The Hague Never Changes - Statement by President of the Democratic Party of
>Serbia Vojislav Kostunica
>
>The brutal arrest of Momcilo Krajisnik, a prelude to his trial at The
Hague,
>has eliminated the last traces of doubt about the true nature of the
>International Criminal Tribunal for former Yugoslavia. It is crystal clear
>that the war crimes tribunal is neither legal nor judicial or international
>institution. The court is a mere tool in the hands of NATO, or more
>precisely, the United States, eager to establish law and order tailored to
>the immediate needs and apparently not too impressive intellect of those
>who, to the detriment of human race and the United States, have been
pulling
>strings in that large country.
>
>If the ICTY dared mentioned crimes committed in Yugoslavia during the NATO
>bombing, which reports by several international organisations, the Human
>Rights Watch in particular, have already described, the court would have to
>create at least subsequent illusion of objectivity. Since this is not the
>case, its image remains the same and it is up to the public to judge what
is
>really behind the arrest of Momcilo Krajisnik, a senior official of the
Serb
>Democratic Party, one of the participants in the Dayton peace conference
and
>one of the members of the Bosnian presidency, who made it clear that he had
>no intention of abandoning his country and his people. Is the purpose of
>this move to cover up NATO's fiasco in Kosovo and Bosnia or the traces of
>the alliance's crimes during the last year bombing of Yugoslavia, followed
>by violence committed by NATO's proteges among Albanian terrorists? Is this
>a private war waged by several people in the U.S. administration against
not
>only Serb representatives but Serbs in general, or is it a bid to influence
>yet another quasi-vote in Bosnia? It is very likely that "yes" to both
>questions would not be a wrong answer.
>
>Belgrade, April 3, 2000
>----------------------------------------------------------------------
>E-mail: info@...
>http://www.dss.org.yu
>Democratic Party of Serbia, Brace Jugovica 2a, 11000 Belgrade, Yugoslavia
>Tel: (381 11) 182 535; 183 525; 638 013; 328 2886
>Fax: (381 11) 328 1793
-----Original Message-----
From: Servisch Informatie- en Cultuurcentrum <Grbic@...>
To: news@... <news@...>
Date: Monday, April 03, 2000 10:05 PM
Subject: Radovan K.aradzic, Ratko Mladic "hunted down, like Arkan"
TILBURG / HAG, 3 april 2000 /SSICC/ - Today, the spokesman of the Hague
Tribunal for War Crimes in the former SFRYu P. Wesley said that Radovan
Karadzic and Ratko Mladic would be better off personally if they
surrendered. Otherwise, they will be "hunted down, like Arkan", which
means
that anybody might kill them without being prosecuted for that. This is
the
first public revelation that Zeljko Raznatovic has been "sentenced to
death".
Jovan Grbic,
Serbian Information and Cultural Centre, Tilburg, Netherlands
--- Kalle Svensson <kmotk@...> wrote:
From: "Kalle Svensson" <kmotk@...>
To: reclaimthestreets@...
Subject: Nato War Criminals!
Date: Wed, 22 Mar 2000 16:34:01 SAST
Reclaim the Streets NYC -
http://reclaimthestreetsnyc.tao.ca
23 MARCH 1999, JAVIER SOLANO, NATO SECRETARY
GENERAL,GAVE ORDERS TO BOMB THE
FEDERAL REPUBLIC OF YUGOSLAVIA.
There are now a number of legal documents on the
internet relating to NATO's bombing of Yugoslavia.
They orginate from some of the finest legal minds in
the world. They are attempts to bring about the
indictment of NATO's military and political leaders at
the International Criminal Tribunal for the former
Yugoslavia. They are extensive but extremely
interesting documents. Print them out and take time to
read them. Show them to your friends and family. Write
letters to newspapers about them...spread the
word...NATO's leaders are War Criminals.
http://www.jurist.law.pitt.edu/icty.htm
http://www.nato-warcrimes.gr
http://ban.joh.cam.ac.uk/~maicl
http://www.balkan.cc "English Text"
It is practically unknown that the attorneys and
law professors responsible for the above documents met
the War Crimes Tribunal Prosecutor on 9 June 1999 to
discuss the indictment of NATO. The following day, she
was made a judge of the Canadian Supreme Court
and resigned as the Tribunal's prosecutor!
Professor of Law, Michael Mandel, wants 64 of NATO's
leaders indicted for War Crimes as a result of NATO's
bombing. On 11 June 1999, Mandel gave a devastating
press conference in Toronto. You can read it at:
http://galeb.etf.bg.ac.yu/~vukosavic/case2.txt
A possible activity for the future are open-air
"mock trials" of NATO leaders, perhaps based on the
above documents.
Clinton, Albright, Cohen, Blair, Chirac, Schröder
are War Criminals! Make sure they know you know!
---
STOP NATO: NO PASARAN! - HTTP://WWW.STOPNATO.HOME-PAGE.ORG
:
Tue, 21 Mar 2000 12:58:47 +0100
From:
"Milan Tepavac" <miltep@...>
Before sending this text to the states members of the Security Council
of the UN I'd like to have
anybody's well-intentioned comments and/or suggestions. Especially about
what kind of action
would be most appropriate in order to succeed in the basic aim of this
initiative: to abolish this
perverse institution, which is a disgrace to the concept of justice. It
is now the main tool for satanisation of the Serbs and political and
psychological pressure on them and their state.
INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS
RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER
YUGOSLAVIA SINCE 1991
REQUEST TO THE SECURITY COUNCIL
FOR ITS CANCELLATION
Indeed, the idea to exclude from criminal prosecution of
those who inspired, planned,
assisted (including weapons), ignited and conducted secessionist wars in
Slovenia, Croatia and
Bosnia and Herzegovina, and prosecute only those who while killing one
another failed to stick to the
certain stipulated rules (the rules of international humanitarian law),
could be born only in pervert and
sick minds. Who those minds are is difficult to say, but it is known
that they are coming from
Clinton's and Kohl's environment. The predominant ones are, no doubt,
Madeleine Albright, Samuel
Berger, Daniel Sheffer, James Rubin, William Cohen, Lawrence
Eagleburger, Richard Goldstone,
the Nazi Hans Dietrich Genscher and who knows who not. The oddest thing
of all is, certainly, how
the official politics of USA, Germany and many other states could accept
such an ugly idea for its
official attitude and impose it to the Security Council of the United
Nations which established a court
based on such an idea. It is well known that London Agreement of 8
August 1945 (which is, of
course, still in force) on punishment of the main Nazi criminals and its
Statute, in the first place
incriminate exactly "the crimes against peace: namely, planning,
preparation, initiation or waging of
a war of aggression, or a war in violation of international treaties,
agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of
any of the foregoing.
Leaders, organisers, instigators and accomplices participating in the
formulation or execution of a
common plan or conspiracy to commit any of the foregoing crimes are
responsible for all acts
performed by any persons in execution of such plan." (Article 6 (a) of
the Statute of the Tribunal).
Violent secession - especially the one endangering international peace
and security as were those that
broke SFR Yugoslavia into pieces - surely fit into the formulation of
the crime against peace.
From the time when someone had an idea to establish such a
tribunal until nowadays, the
Tribunal has been called in question both on the grounds of the body
which established it (The
Security Council of the United Nations) and on the grounds of its
jurisdiction ("trial of the persons
responsible for the serious violations of the international humanitarian
law in the territory of the former
Yugoslavia since 1 January 1991."! It has been contradicted not only by
all the people who are
significant for the international humanitarian law, but also by all the
people with common sense. It can
be said that the Tribunal was established by the people who had no
connection with international
law, the inventors of the concept of "The New World Order" according to
which the force and
political violence is the only "law" recognised by them. Still we should
define why the Serbian nation
was chosen for implementation of that concept. Why the mere attempt of
Serbian nation to
defend its country from the secessionist crime pronounced to be the
crime, while at the
same time that right is recognised to all other nations? Even the chief
sheriff of the New World
Order does not deny that right to the others. On 19 November 1999, on
the Summit of Organization
for Security and Co-operation in Europe, held in Istanbul Clinton said:
"We believe Russia has not
only the right, but the obligation to defend its territorial integrity".
Instead of recognition of the same
right to the Serbian nation, its striving to keep its state is
pronounced to be a crime and the Tribunal
is established for its punishing!!
I
1. Establishment and jurisdiction of the Tribunal
This Tribunal was, as it is well known, established by
Resolution 827 of the Security
Council of the United Nations of 25 May 1993. Invoking the Chapter VII
of the United Nations
Charter, the Resolution states that the Tribunal has been established
"solely for prosecution of the
persons responsible for serious violations of international humanitarian
law committed in the territory
of the former Yugoslavia between 1 January 1991 until the date which
shall be determined by the
Security Council after the peace establishment." At the end, under item
9, the Resolution states that
the Council "decides to remain actively seized of the matter".
Statute of the Tribunal, adopted by the Security Council in
the foregoing Resolution, has
determined that this "Tribunal" has jurisdiction as regards the
following crimes:
- grave breaches of the 1949 Geneva Conventions (Article 2),
- violations of the laws or customs of war (Article 3),
- genocide (Article 4) and
- crimes against humanity (Article 5).
So, the Security Council has not - as it was emphasised in
the beginning of the text -
given jurisdiction to the Tribunal regarding crimes against peace and
security of the
humanity as aggression, planning and conducting secessionist war and
alike. The reason is
obvious - in order not to prosecute those who directed and ignited
Yugoslav tragedy, that is the
leaders of Yugoslav secessionist republics and their foreign protectors,
masters and other
accomplices. In other words, the Security Council sent the message to
Yugoslavs: it is all
right to kill one another, but it is not all right to do it without
compliance with the rules
stated under the Articles 2-5 of the Statute!
And, that is not all! The Statute defined the foregoing
crimes, but in many ways
differently than they were defined by modern international law! In that
manner the Security
Council took the role of legislator to which, of course, it is not
entitled according to the
United Nations Charter!
Pursuant to the Article 24, paragraph 1 of the Statute, the
Security Council has even
abolished capital punishment for international crimes, although it was
introduced by the
Article 27 of the Statute of the Tribunal for trial of Nazis. Of course,
one may be for or
against capital punishment, but it is certainly not in the competence of
the Security Council
to decide whether it shall exist in international law or be abolished.
It should be also emphasised that the crimes as stated under
the Articles 2 and 3
(violations of Geneva Conventions and war laws and customs) may be
committed only in
the armed conflicts of international character, not in internal
conflicts. That way the Security
Council beforehand took the position that the conflict in Yugoslavia was
of an international character,
although the real answer to that question may come only from the science
of international law, and
not from the Security Council, which is a political and not an expert
body.
Apart from the fact that the jurisdiction of the Tribunal is
limited, only to ius in bello, and
not to ius ad bellum, the territorial limitation ("region of former
Yugoslavia") as well as time limit
("since 1 January 1991") give special dimension of absurdity to this
institution.
Russia and NR China voted for this Resolution as well.
2. Structure and Financing (for details see FACT SHEET on
www.un.org/icty )
Tribunal consists of the following judges:
President: Claude Jorda (France), Vice-President: Florence Ndepele
Mwachande Mumba
(Zambia).
Presiding Judges: David Anthony Hunt (Australia), Richard George May
(United Kingdom) and
Almiro Simoes Rodrigues (Portugal).
Judges: Lal Chand Vohrah (Malaysia), Fouad Abdel-Moneim Riad (Egypt),
Mohamed
Shahabuddeen (Guyana), Wang Tieya (China), Rafael Nieto-Navia
(Colombia), Mohamed
Bennouna (Morocco), Patrick Lipton Robinson (Jamaica), Patricia Wald
(United States of America)
and Fausto Pocar (Italy).
PROSECUTOR:
Chief Prosecutor: Justice Carla del Ponte (Switzerland), since 15
September 1999.
Deputy Prosecutor: Graham Blewitt (Australia), since 15 February 1994.
As we can see Russia and NR China do not have their judges
in the Tribunal.
The Tribunal has so far grown up in a monster consisting of
832 officers from 68 states,
handling budget of 95,942.600 dollars for 2000 - ten times more than the
International Court of
Justice! It is financed by mostly USA and Arab states.
3. Work of the Tribunal (for more details see FACT SHEET on
www.un.org/icty)
Up to now 93 persons were accused, most of them being Serbs.
Out of these 93
accused, seven died - two in casemates of the Tribunal under
questionable circumstances
(Dokmanovic and Kovacevic), while the two were killed by SFOR while
trying to kidnap them in
Bosnia (Drljaca and Gagovic).
In the cells of Tribunal in the Hague there are 35
prisoners, 30 of them being Bosnian Serbs
among whom there are generals of the Army of Republic of Srpska Momir
Talic (kidnapped in
Vienna, under the Tribunal's order, by Austrian police while attending
international gathering under
the auspices of the OSCE and Austrian Ministry of Defence!!!), Radislav
Krstic and Milan Simic, 4
Croats and 1 Muslim. This very fact speaks against whom this Tribunal
has been established. So far,
the Tribunal brought several verdicts. Of course, it cannot be said how
many person shall be indicted
and who are those persons, even more because its practice is to have
so-called "secret indictments".
As it is well-known, the Tribunal also indicted citizens of FR
Yugoslavia - Slobodan Milosevic,
President of FRY; Milan Milutinovic, President of Serbia; Nikola
Sainovic, Dragoljub Ojdanic,
Vlajko Stojiljkovic, Mile Mrksic, Miroslav Radic and Veselin
Sljivancanin.
On the basis of the indictment against the president of FR
Yugoslavia and other high officials,
the United States of America has these days committed crime without
precedent in the international
relations: it offered 5 million dollar reward to anyone who helps their
kidnapping, murder and alike.
By this the current regime in USA showed and proved that it outlawed and
placed itself out of
civilisation norms, as well as introduced the "Wild West law" in the
international relations, while the
Tribunal showed to be blind instrument of that politics, not a court of
law and justice.
Not one of the persons accused by the Tribunal is
responsible for the war. The war
was imposed to them; they are its victims as the millions of Yugoslavs.
On the other hand,
Tribunal did not accuse any of the real culprits for Yugoslav tragedy:
leaders of
secessionist republics and their foreign planners, instigators and other
accomplices from
USA, EU, NATO and Vatican. This fact best indicates the true nature of
the Tribunal.
Although the author of this text addressed the Tribunal several times -
more precisely 23 May 1995,
4 September 1995, 14 October 1995, 9 May 1996, 2 July 1997 and 21 July
1998 - requesting
initiation of the criminal proceedings against all these main culprits
for Yugoslav tragedy and
endangering international peace and security, the Tribunal and its chief
prosecutor did nothing. The
Nuremberg and the Tokyo tribunals did exactly that: they tried main
criminals, while all others were
left to national courts.
Furthermore, the chief prosecutor of the Tribunal Carla Del
Ponte persistently
refuses to initiate investigation and procedure against the leaders of
the NATO member
states and officials of that aggressor alliance for aggression on FR
Yugoslavia and on that
occasion committed crimes, though she herself says that she received
numerous requests
(including mine - 12 October 1998, 21 February 1999, 29 March 1999 and
15 May 1999) and
voluminous documentation accusing them, including evidence submitted by
Russian Duma.
II
Since the first day of its existence, the Tribunal has been
challenged on all the grounds not
only by numerous international lawyers but also by many other people
with common sense. Many
arguments have been presented that it is the instrument of politics of
force of the United States of
America and its satellites (NATO and EU) for destruction of Yugoslavia
(former and current) and all
the Serbian nation and not court of law. At the same time, the people in
Yugoslavia constantly
wander how it is possible that Russia and China did nothing to oppose
the establishment of this
institution, which represents mockery of justice and equity.
In challenging this institution, first of all it is
emphasised that the Security Council of the
United Nations had no right according to the United Nations Charter to
establish international
criminal court, to limit its jurisdiction territorially and temporally,
to prescribe for which international
crimes it shall have jurisdiction and for which not by excluding its
jurisdiction with regards to the most
serious crimes against peace and security such as aggression, armed
secession, intervention in
internal affairs, international terrorism. It is also emphasised that it
was a political self-will of the
Security Council aimed against Serbian nation, that the real goal of
establishment of this Tribunal was
pointing a finger at the party which was not responsible in order to
protect the real culprits, etc.
Therefore, FR Yugoslavia did not recognise this Tribunal until it was
forced to sign, although vague,
obligation of co-operation with it in Dayton. The Americans, by
permanent pressure to satisfy all the
Tribunal's requests, constantly terrorise FR Yugoslavia and the entire
Serbian nation.
If the Security Council of the United Nations by
establishing this Tribunal (and the one for
Rwanda) overstepped its authorisations and resorted to self-will, it has
done it even in greater and
more dangerous degree by prescribing new international crimes by the
Statute of the Tribunal
for Yugoslavia, thus awarding itself with legislator's function in the
international field! In
fact, pursuant to the Articles 2 and 3 of the Statute, the Council
prescribed that the rules of
international humanitarian law, which are otherwise referring to the
international armed conflicts,
should apply to the armed conflict in Yugoslavia, although it is
non-international (internal)
armed conflict for which the legal rules referring to the internal
conflicts should be valid, i.e., first of
all the joint Article 3 of the 1949 Geneva Conventions and Supplemental
Protocol II to these
Conventions adopted in 1977. Furthermore, if the Article 5 of the
Statute could be considered to be
valid for the case of war and in peace, the Security Council added to
that Article some of its own
"rules" which are not part of modern international humanitarian law,
such as "jail", "torture", "rape",
"other non-humane actions" (?!).
Because of such a state of affairs, international lawyers
more and more often demand that the
issue of judicial, i.e. legal, control of the decisions and documents of
the organisation of the United
Nations is to be solved urgently, and first of all the decision of the
Security Council, so as to prevent
its self-will.
The course of the trials so far before this Tribunal
indicate what the real role and power of
this Tribunal is, and it shall be even clearer. For example, in the
beginning of the trial of the Serbian
Dusko Tadic we heard the prosecutor and one witness of the prosecution,
a James Gau, British, as
"an expert for Yugoslav affairs". In reply to the key question who holds
responsibility for the
destruction of Yugoslavia and commencement of war, they say the same
what their paymasters
are blowing into the trumpet from the very beginning: Serbs! Since they
could not possibly deny
the fact that any normal person knows that the Serbs fought to remain in
Yugoslavia and
that the others left it by anti-constitutional violent secession, they
say: well, they had to,
because they had good reasons to be afraid of Serbian nationalism! And
so on. Some signs show
that the things will not go the way they imagined. For instance, the
President of the Trial Chamber of
the Court in Tadic case as well as the Defence asked some, for them
unpleasant questions such as:
how Yugoslav National Army could be occupier in its own country?! "Could
American Army
occupy, e.g. Texas?", asked the President of the Trial Chamber American
Gabriella Kirk
McDonald. Does the state have right to defend itself from secession? The
American surely knows
history of her country that well to be aware how the former president of
her country Lincoln dealt
with secession. Furthermore, the sentence of Tadic caused headache to
the Tribunal's inventors:
namely, the sentence stated that it was non-international armed conflict
in Bosnia, which means that it
was civil war, and not the international, on which the prosecution
insisted. That annihilates the entire
concept, the entire "philosophy" of the enemy of the Serbian nation -
that the war in Bosnia and
Croatia was in fact aggression, of course made by FR Yugoslavia.
Therefore the Tribunal's
prosecutor lodged a complaint against the judgement, and the Tribunal
was ordered to revoke this
judgement and bring another according to which the conflict in Bosnia
would be of "international
character"! Consequently, the norms of international law regulating
internal conflicts have not been
applied for the war conducted on some parts of the former Yugoslavia,
precisely the common Article
3 of the Geneva Conventions and Protocol II, but the norms covering
armed conflicts of international
character!
All the above indicates that it is high time to initiate in
the Security Council the question of
abolishment of this Tribunal, which represents monstrous monument to the
tyranny of the Untied
States of America and their satellites over a small state and small
nation which was in the First and
Second World War exposed to the horrible genocide by Croat and Muslim
Ustasha's (pro-fascist
collaborators) and Nazis. That genocide is now continued by USA and
their NATO and EU
satellites by means of sanctions, aggression and political isolation and
terror. In these crimes Tribunal
is one of the most efficient instruments. Not only that it has to be
abolished as soon as possible, but it
should not have ever been established.
Therefore, the Security Council of the Untied Nations should
bring the following decision on
the grounds of the item 9 of its Resolution 827:
1. The International Criminal Tribunal for Former Yugoslavia
is abolished.
2. All the convicted or accused persons who are in the
prisons of the Tribunal are to
be delivered to their national states for the procedure before the
jurisdictional courts for
the crimes imputed to them, together with all the documentation and
evidence in their
possession. The Security Council shall control how the states are
conducting the criminal
procedures for the violation of the international humanitarian law and
shall take the
necessary measures - including sanctions anticipated by the United
Nations Charter -
against those states which would in any manner avoid objective and fair
actions.
3. All the states are called on to ratify the Rome Statute
of the International
Criminal Court as soon as possible, in order that the international
community could have a
real, permanent international criminal court like the International
Court of Justice.
Beograd, March 20,
2000
Milan Tepavac, Ph.D.
miltep@...
Member of the International Law
Yugoslav Association
Member of the International Law
World Association
Member of the Belgrade Bar
Association
Member of the Serbian Bar
Association
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