Da: ICDSM Italia
Data: Gio 19 Feb 2004 16:56:30 Europe/Rome
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Oggetto: [icdsm-italia] Ramsey Clark's Letter to Kofi Annan


[ Una lettera di Ramsey Clark, ex ministro della giustizia USA ed oggi
personalita' di spicco del movimento contro la guerra, al segretario
dell'ONU e ad altre personalita', sullo scandalo del "processo"
Milosevic.
In allegato a questa lettera, Clark ha accluso un documento-analisi
dello squartamento della Jugoslavia, dal titolo "Divide et Impera"
(DIVIDE AND CONQUER), che e' integralmente leggibile alla URL:
http://www.icdsm.org/more/rclarkUN2.htm ]


http://www.icdsm.org/more/rclarkUN1.htm


February 12, 2004

Re: The Trial of Slobodan Milosevic, Former President of the Federal
Republic of Yugoslavia Before the International Criminal Tribunal for
the Former Yugoslavia


Dear Secretary General Annan,


          The Prosecution of the former President of the Federal
Republic of Yugoslavia is scheduled to end its presentation of evidence
to the International Criminal Tribunal for the Former Yugoslavia (ICTY)
on February 19, 2004, more than two years after its first witness
testified.*

          Over 500,000 pages of documents and 5000 videocassettes have
been placed in evidence.  There have been some 300 trial days.  More
than 200 witnesses have testified.  The trial transcript is near 33,000
pages.

          The Prosecution has failed to present significant or
compelling evidence of any criminal act or intention of President
Milosevic.  In the absence of incriminating evidence, the Prosecution
apparently hoped to create a record so massive that it would be years,
if the effort was ever made, before scholars could examine and analyze
the evidence to determine whether it supported a conviction.

          Meanwhile the spectacle of this huge onslaught by an enormous
prosecution support team with vast resources pitted against a single
man, defending himself, cut off from all effective assistance, his
supporters under attack everywhere and his health slipping away from
the constant strain, portrays the essence of unfairness, of persecution.

          In contrast, the Prosecution of the "first trial in history
for crimes against the peace of the world" at Nuremberg began November
20, 1945 against 19 accused and ended just over three months later on
March 4, 1946 after four nations presented evidence.  In his opening,
Chief Prosecutor Robert H. Jackson observed

There is a dramatic disparity between the circumstances of the accusers
and the accused that might discredit our work if we should falter, in
even minor matters, in being fair and temperate. ... We must never
forget that the record on which we judge these defendants is the record
on which history will judge us tomorrow.  To pass these defendants a
poisoned chalice is to put it to our lips as well.

           The Prosecution began its investigation of President
Milosevic under Richard Goldstone of South Africa in October 1994. 
When he left office in December 1996 he had found no evidence to
support an indictment.  His successor, Louise Arbour of Canada,
continued the investigation without formal action until late May 1999
when President Milosevic was first indicted for acts allegedly
committed earlier in 1999. 

          The indictment came during the heavy U.S./NATO bombing of all
Serbia including Kosovo, a war of aggression.  It had killed civilians
throughout Serbia and destroyed property costing billions of dollars to
replace.  It had destroyed President Milosevic's home in Belgrade in an
assassination attempt on April 22, 1999.  The Chinese Embassy in
Belgrade had been bombed on May 7, 1999.  Depleted uranium, cluster
bombs and super bombs had targeted civilians and civilian facilities. 
Hundreds of civilian facilities were destroyed and civilians killed
from Nova Sad to Nis to Pristina.

          The initial indictment made no allegations of any crimes in
Croatia, or Bosnia.  It dealt exclusively with alleged acts by Serb
forces in Kosovo in 1999.  All of Serbia, including Kosovo, remained
under heavy U.S./NATO bombardment at the time of the indictment.  There
were no U.S., or NATO forces, or ICTY investigators in Kosovo. 
Investigation was impossible.  The indictment was purely a political
act to demonize President Milosevic and Serbia and justify U.S. and
NATO bombing of Serbia which was itself criminal and in violation of
the U.N. and NATO Charters.

          As U.S. Ambassador to the U.N., Madeleine Albright led the
U.S. effort to cause the Security Council to create the ICTY. Later she
wrote in her memoir that while she was U.S. Secretary of State she had
sought removal of President Milosevic from office for years:

            "With colleagues Joschka Fischer and others, I urged Serb
opposition leaders to build a real political                
organization and focus on pushing Milosevic out... In public remarks I
said repeatedly that the United                 States wanted Milosevic
'out of power, out of Serbia, and in the custody of the war crimes
tribunal.'" 

          President Milosevic was indicted and is on trial because he
intended and acted to protect and preserve Yugoslavia, a federation
that was essential to peace in the Balkans.  Powerful foreign
interests, supporting nationalist and ethnic groups and business
interests within the several republics of Yugoslavia, were, for their
various reasons, determined to dismember Yugoslavia.  Foremost among
these was the United States.  Germany played a major role.  Later NATO
lent its name to the effort in violation of its own Charter.  The
violence that followed was foreseeable and tragic.

          Throughout there was no more conciliatory leader than
President Milosevic who avoided all out war as Slovenia, Croatia,
Bosnia and Macedonia seceded from the Federal Republic.  For his later
defense of Yugoslavia, reduced to Serbia and Montenegro, he will be
remembered primarily for his compromises at Dayton, Ohio and, later, to
end the brutal U.S. bombing of Serbia from March to June 1999.  His
conduct intended peace and the survival of a core federation of
southern Slavs which in a better day might seed a broader federation of
Balkan states which is essential to peace, political independence and
economic viability in the region.  The U.S. and others intended
otherwise.

          The consequences have been disastrous for each of the former
states of the federal republic.  Today there is economic intervention
and stagnation, political unrest, public dissatisfaction and growing
threats of violence in former Yugoslavia.  The U.S. is courting Croatia
for membership in NATO as the base for European forces to control the
region and maintain its division.  Croatia has sent a small military
unit to assist NATO in Afghanistan and is being pressured to send
troops to Iraq, thereby continuing its confrontations with Muslim
peoples in Croatian and Bosnia.  U.S. Secretary of Defense Rumsfeld,
met with the nationalist leadership of Croatia, including the President
and Prime Minister, on February 8, 2004.  He proclaimed "I look forward
to the day when Croatia becomes a part" of NATO.

          The former President of Yugoslavia is on trial for defending
Yugoslavia in a court the Security Council had no power to create.  In
contrast, the President of the United States, who has openly and
notoriously committed war of aggression, "the supreme international
crime", against a defenseless Iraq killing tens of thousands of people,
spreading violence there and elsewhere, faces no charges.  President
Bush continues to threaten unilateral wars of aggression and presses
for U.S. development of a new generation of nuclear weapons, tactical
nuclear bombs, after invading Iraq on the fabricated claim it was a
threat to the U.S. and possessed weapons of mass destruction.  This can
happen only because power, not principle, still prevails.

         The United Nations cannot hope to end the scourge of war
until it finds the will to outface power and stands united for the
principles of peace.  What better evidence is needed of U.S. intention
to stand above the law and rule by force than the extensive U.S.
efforts to destroy the International Criminal Court and coerce
bilateral treaties in which nations agree not to surrender U.S.
citizens to the ICC.  Compound this obstruction of justice with the
June 30, 2002 statement of the U.S. Permanent Representative to the
U.N., Ambassador John Negroponte, demanding immunity for the U.S. from
foreign prosecution, to which the Security Council submitted. 
Negroponte threatened that the U.S. would veto a pending Security
Council resolution to renew the U.N. peacekeeping mission in
Bosnia-Herzegovina, unless the Security Council provided immunity, that
is impunity, for personnel contributed to Security Council authorized
peace keeping missions.  The purpose was to place U.S. personnel and
U.S. surrogates above the law while U.S. enemies are victims of
discriminatory prosecution in illegal courts. 

          The ICTY and other ad hoc criminal tribunals crated by the
Security Council are illegal because the Charter of the United Nations
does not empower the Security Council to create any criminal court. 
The language of the Charter is clear.  Had such power been placed in
the Charter in 1945 there would be no U.N.  None of the five powers
made permanent members of the Security Council in the Charter would
have agreed to submit to a U.N. criminal report. 

          The ICC was created by treaty, recognizing the U.N. had no
power without amendment of its Charter to create such a court. 
Creation of the ICC should preclude creation of any additional criminal
tribunals and calls for the abolition of those that exist.  They were
created to serve geo political ambitions of the U.S.  The issue is of
the highest importance.  It determines whether the Security Council
itself is above the Charter and the rule of law.

          The ad hoc criminal tribunals are inherently discriminatory,
evading the principles of equality in the administration of justice. 
The discrimination is intended to destroy enemies.  The International
Criminal Tribunal of Rwanda has not indicted a single Tutsi after nine
years, though Faustin Twagirimungu, the first Prime Minister under the
Tutsi RPF government in 1994 and 1995, testified before it that he
believed more Hutu's than Tutsi's were killed in Rwanda in the tragic
violence of 1994.  Hundreds of thousands of Hutu's were slaughtered
later in Zaire, now the Democratic Republic of Congo, and remain
endangered today.  The ICTR is an instrumentality for U.S. support of
Tutsi control in Uganda, Rwanda, Burundi, and for a time and perhaps
again, the Democratic Republic of Congo.

          ICTY prosecutions are overwhelmingly against Serbs and only
Serb leaders have been indicted by it, including not only President
Milosevic and Serb leadership, but Serb leaders in Srpska, the
segregated Serb part of Bosnia.

          As the prosecution of the former President of Yugoslavia
draws to a close his health is seriously impaired and has become life
threatening.  Hearings were cancelled last week because he was too ill
to participate, but the Tribunal added onerous hours of hearings for
the two final weeks of the prosecution case.  Only yesterday the
Tribunal was forced to reduce the hearings to half days because of a
medical report on President Milosevic prepared by court appointed
doctors.  President Milosevic has been kept in total isolation for
months during the period he headed the socialist party's ticket in
parliamentary elections and when his party joined the coalition which
elected the new speaker of the Parliament last week.  Earlier this week
the Tribunal extended his isolation for another month because of
political events in Serbia.

          President Milosevic, imprisoned, his health dangerously
impaired, defending himself alone in the courtroom, has been given less
than three months to prepare his defense to more than two years of
evidence before the defense presentation is scheduled to begin in May. 
These most recent actions of the Tribunal are representative of the
gross consistent unfairness of the proceedings during the years of
President Milosevic imprisonment and the prosecution case against him.

          To properly prepare the defense, it will be necessary to
secure and review tens of thousands of documents, find and interview
hundreds of potential witnesses and organize the evidence into a
coherent and effective presentation. 

          The United Nations must take the following acts in the
interest of simple justice, to right former wrongs, to assess the
legality and fairness of a court it created and to maintain credibility
in the eyes of the Peoples of the United Nations:

1.     Declare a moratorium on all proceedings in all U.N. ad hoc
criminal tribunals for a period of at least six months and for such
additional periods as may prove necessary for the United Nations to:

                                      A. Create a Commission of
international public law scholars and historians to examine the
precedents,  the drafting, language and intention of the Charter of the
United Nations to determine whether the Charter empowers the Security
Council to create any criminal tribunal and, if so, the basis,
authority and scope of such power, or refer the issue to the
International Court of Justice for decision.

                                      B. Create a commission of
international criminal law scholars to review the trial proceedings in
the case against President Milosevic to determine whether legal errors,
violations of due process of law, or unfairness in the conduct of the
trial compel dismissal of the proceedings, and whether the evidence
presented by the prosecution against former President Milosevic to is
sufficient under international law, before any defense is presented, to
support and justify continuation of the trial.

                                      C. Provide former President
Milosevic with funds to retain advisory counsel, investigators,
researchers, document examiners and other experts sufficient to
effectively respond to the evidence presented against him and assure
the time required to complete the task before any further trial
proceedings resume, such efforts being essential even if the court is
abolished, or the prosecution has been dismissed in order to help
establish historic fact for future peace.

                                      D. Provide funds to secure
independent medical diagnoses, treatment and care for former President
Milosevic in facilities in Serbia.


Respectfully submitted,

Ramsey Clark


The identical letter has been sent to:

- Members of the UN Security Council
- The President of the UN General Assembly
- The Secretary General of the UN
- The President of the United States
- The International Criminal Tribunal for Former Yugoslavia


* Submitted with this letter is a 31-page document entitled
Divide and Conquer which supports in greater detail the facts, law
and arguments set forth and the relief requested herein. Its Table
of Contents provides a ready reference to the pages where subject
matters of particular interest will be found.

READ THE COMPLETE TEXT OF "DIVIDE AND CONQUER":

http://www.icdsm.org/more/rclarkUN2.htm

---

STRUGGLE FOR FREEDOM AND TRUTH ABOUT THE SERBIAN
PEOPLE AND YUGOSLAVIA IS IN THE CRUCIAL PHASE. NATO AND
ITS SERVICES IN BELGRADE AND THE HAGUE HAVE NO
INTEREST TO SUPPORT IT.

SO IT TOTALLY DEPENDS ON YOU!

A SMALL TEAM OF PRESIDENT MILOSEVIC'S ASSISTANTS, WHICH
IS BECOMING INTERNATIONAL, HAS TO HAVE CONDITIONS TO WORK
AT THE HAGUE IN THE TIME OF INTENSIVE PREPARATIONS FOR
THE FINAL PRESENTATION OF TRUTH AND DURING THAT
PRESENTATION.

TO DONATE, PLEASE CONTACT SLOBODA OR THE NEAREST
ICDSM BRANCH, OR find the instructions at:
http://www.sloboda.org.yu/pomoc.htm

To join or help this struggle, visit:
http://www.sloboda.org.yu/ (Sloboda/Freedom association)
http://www.icdsm.org/ (the international committee to defend
Slobodan Milosevic)
http://www.free-slobo.de/ (German section of ICDSM)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)


==========================
ICDSM - Sezione Italiana
c/o GAMADI, Via L. Da Vinci 27
00043 Ciampino (Roma)
email: icdsm-italia@...

Conto Corrente Postale numero 86557006
intestato ad Adolfo Amoroso, ROMA
causale: DIFESA MILOSEVIC