Posted on 09/07/2001 7:03:30 AM PDT by oxi-nato
PRISTINA, Yugoslavia (AFP) - Kosovo's highest legal body has ruled that genocide was not committed during the 1998-99 Serbian crackdown on the breakaway province, according to a court decision released yesterday. The UN-supervised Supreme Court, however, ruled that crimes against humanity and war crimes had been carried out during "a systematic campaign of terror, including murders, rapes, arson and severe maltreatments."
"The exactions committed by (former Yugoslav president Slobodan) Milosevic's regime cannot be qualified as criminal acts of genocide, since their purpose was not the destruction of the Albanian ethnic group... but its forceful departure from Kosovo," said the province's Supreme Court.
The ruling overturns an earlier genocide conviction by a district court in Mitrovica, northern Kosovo, handed down to Serb Miroslav Vuckovic for atrocities committed against ethnic Albanians during NATO's bombing campaign in the spring of 1999.
That was the first guilty genocide verdict in Kosovo but it was called into doubt by Europe's security body, the OSCE, which called for a review, while Vuckovic also appealed against the conviction.
The Supreme Court is under the authority of the United Nations Mission in Kosovo (UNMIK) and the five-member panel that issued the decision is presided over by an international judge.
The Mitrovica District Court found Vuckovic, a member of a Serb paramilitary group, guilty of having "sacked and burnt houses and shops in the villages of Gusavac and Gornjisuvido and of having expelled the Albanian population," according to UNMIK.
Vuckovic, 52, was given a 14-year jail term and has been behind bars in Mitrovica since August 23, 1999. He was remanded in custody and will be given a retrial by the Mitrovica court. The 1948 United Nations Convention defines genocide as the intent "to destroy, in whole or in part, a national, ethnic, racial or religious group, as such."
I GUESS THE ICTY CANNOT TRY SLOBO. FOR GENOCIDE NOW!!!
So when are they going to indict the UCK and their NATO handlers for the attrocities mentioned above?
Without trying to sound like an apologist for current or past historical figures, I hold that the best you can try them for is attempted genocide.
By their logic, if I have the means to commit genocide at my disposal (ie a sufficiently equipped and motivated military) and I clearly document that my intent is to commit genocide, then I only need kill one member of a nation or race to be found guilty of genocide.
Now with my two cents in the till, I'm off to get an attempted haircut...
there is one in power already - international court of justice (icj), institution for disputes among the states.
there are national courts in all democratic countries that can take care of violation of domestic law.
For example, American courts should punish those who violated US Constitution and used U.S. armed forces for more than sixty days without Congressional approval
. Ditto for use of cluster bombs on civilian targets and other violations of US law.
each and every country should try its own citizens for violation of national laws.
that's what sovereignty and rule of law are all about
Now the trick is to get those sovereign governments to admit that a slight misreading of the manual for presidents and Prime Ministers took place and the next logical step would be to try them.
All we need to do is figure out how to get a liberal/socialist leaning congress off it's left buttock and into that action.
Maybe a concerted media campaign pointing out that people like DelPonte are ready to step up to future requirements if we fail to take care of current ones?
I kind of like that.
An open letter to the future president of the United States, the current congress, and all "likely voters":
"dear sir or madame, before you decide to run for the highest office in the land it might be useful to consider the fate of some of your forerunners: the sad tale of Mssrs. Pinochet and Milosevic and the tragedies that befell their ministers, advisors, generals, successors and things in general."
By the ICTY's own logic they can determine the truth of the matter and then act accordingly - by their own definition of what is appropriate.
In fact, it's easy to make the rules fit the goals when there is no legal basis for the tribunal itself there is no reason for it to be fettered by legalities or the findings of any other courts.
After our Indo China adventure (68 - 69 and offshore thru 73)it's really hard for me to not support our military when it is engaged - real hard but in this instance I cannot even bring myself to fear for their well being because it just ain't right!
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