Monday, March 12, 2007

Slobodan's Last Waltz

With the ICJ ruling corresponding roughly with the 1 year anniversary of Milosevic's death; Slobo has certainly made the news rounds lately!

An op ed on the ICJ ruling and Milosevic:

I don't really agree with this statement though:
The court's judgment has broad implications. It amounts to a posthumous
acquittal of Mr. Milosevic for genocide in Bosnia.

For one, as other analysts have explained the ICJ ruling does not have a direct correspondence to Milosevic's guilt or not guilt. Only the judges in the Milosevic ICTY case know how the evidence that was introduced (including the evidence that was submitted in closed session) was perceived by then.
This of course does not mean that the judges would not have found Mr. Milosevic not guilty of genocide. While most analyses that I've looked at noted that the prosecution proved the other 60 odd crimes against humanity and war crimes Milosevic was accused of, there have been debate amongst legal experts and Balkan specialists over whether the prosecution proved the intent to destroy, that is necessary to commit genocide.
The point however is that the ICJ ruling can not be read as an absolute sign that Milosevic would have, or would not have, been acquitted of genocide.
Of course, whether he would have been given the distinct honor of being labeled a genocidaire by an international court is a moot point now that his case is null and void; and with the exception of a curious mixture of ultra-nationalists right wing extremists; and ultra-leftists extremists; Milosevic is still a mass murderer.

1 comment:

Daniel said...

ICJ rulling has nothing to do with Serbian Hitler, Slobodan Milosevic.

Unfortunately, key arguments were not submitted to the International Court of Justice in the Hague at all! The most significant evidence clearly proving the intentions and aims of Serbia were the records of the sessions Milosevic held with the military and political leadership of Montenegro are already in the Hague, but not in the premisses of the International Court of Justice but ICTY where individuals have been put on trial. However, this evidence, according to the deal made between the ICTY and the government of Serbia MAY NOT BE USED for any other purposes except the stated ones, in particular not to be used in the case of Bosnia-herzegovina vs. Serbia and Montenegro. So simply put, legal team of Bosnia-Herzegovina was not allowed at all to submit the crucial evidence to the Court of Justice at all!