Friday, April 20, 2007

The case of the missing documents

As we have found out a few weeks ago, the ICJ ruled in Bosnia v. Serbia case, without seeing the Serbian government's complete archive. Recently, ICTY prosecutor Geoffrey Nice has alleged that ICTY chief prosecutor, Carla DelPonte was behind this, presumably to assure that that the ICTY would get the conviction of Milosevic the indvidual; at the expense of the state government aparatus of Serbia being found responsible in the ICJ trial. Of course, with Milosevic's (sort of) premature death; if that was indeed the case, that plan obviously backfired horribly. It would not come as a surprise that the ICTY rejected Nice's allegations.
Meanwhile, Del Ponte has somehow been moonlighting as a older version of Turbofolk star, JK. ;-)

At the heart of this matter, is the rhetorical question of whether or not the documents, given the very narrow interpretation of the law, would have effected the outcome of the case.


Owen said...

Haris Silajdzic reckons that given Geoffrey Nice's letter the Security Council has a duty to consider the matter and take necessary measures, including ordering disclosure of the relevant documents. If the documents become available within the period of 10 years, the Statute of the International Court of Justice allows Bosnia to renew the procedure against Serbia for aggression and genocide.

Shaina said...

Thanks. I had assumed that the verdict was ironclad; and even if new evidence was discovered; there couldn't be a chance of another procedure. Of course the next question is exactly whether or not the Secuirity council will (I'm assuming that they "can") order the disclosure?

Shaina said...

Article in Oslobodjenje: