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Court rules no genocide in Kosovo [WHAT WILL ICTY DO NOW?]
AFP ^ | 9/07

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."


TOPICS: Foreign Affairs; Front Page News; News/Current Events
KEYWORDS:
>"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.>>>

I GUESS THE ICTY CANNOT TRY SLOBO. FOR GENOCIDE NOW!!!

1 posted on 09/07/2001 7:03:30 AM PDT by oxi-nato
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To: oxi-nato
That won't stop Carla!
2 posted on 09/07/2001 7:15:45 AM PDT by Chapita
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To: oxi-nato
That's nice, but let's not forget what SHOULD be of concern to all Patriots. Bill Clinton initiated an illegal war over these 'war crimes'. He violated the US Constitution and international law. He is responsible for the current situation there. The precedent he set is NOT good for this nation.
3 posted on 09/07/2001 7:48:43 AM PDT by dixierat22
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To: oxi-nato
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

So when are they going to indict the UCK and their NATO handlers for the attrocities mentioned above?

4 posted on 09/07/2001 7:49:13 AM PDT by F-117A
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To: oxi-nato
genocide: deliberate extermination of a people or nation (Oxford Popular English Dictionary)
I hate to be nitpicky about phrasings and word usage but...We always make the distinction between attemtped suicide/homicide and the actual suicide/homicide. What I mean is, if someone stabs or shoots you and you do not die, they cannot be tried for homicide- only attempted homicide.

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...

5 posted on 09/07/2001 8:05:03 AM PDT by Prodigal Son
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To: oxi-nato
It was for the forceful departure of the KLA not the ethnic Albanians. How are they going to prove Milosevic intentionally caused the departure of these ethnic Albanians, when concurrently a large part of the Serbian population, as well as Roma and Jews left - while NATO was dropping its motherload?
6 posted on 09/07/2001 8:39:19 AM PDT by Lent
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To: Chapita
Carla is a worthless political puppet. According to the very same evidence used against most convicted individuals, you can include W. Clark, B. Clinton, M. Albright, T. Blair, H. Solana, etc etc.....
Clark deliberately widened the scope of bombardment to the civilian infrastructure so that the "Serbian people can feel the pain". Thus, bombing trains, hospitals, power stations, water filtration systems to ensure illness to name a few. In my mind this Kangaroo Court should be dissolved and a real international court should be established, made up of individuals that represent the real world. The very idea that they argued will not exist in 50 years, "Sovereignty", they will hide behind.
7 posted on 09/07/2001 8:39:51 AM PDT by SQUID
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To: SQUID
Squid, there is no need for new international court.

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

8 posted on 09/07/2001 11:50:06 AM PDT by DTA
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To: DTA
Agreed that sovereign states have right and obligation to charge those who break their laws, also to refrain from surrendering their citizens to extra-legal bodies attempting to step up to the next rung on the way to utopia.

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."

9 posted on 09/07/2001 12:46:22 PM PDT by norton
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To: Prodigal Son
They don't need to play with words. Attempt versus succeed are moot in the eyes of the true believer.

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.

10 posted on 09/07/2001 12:52:33 PM PDT by norton
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To: norton
I find this whole affair particularly disturbing when I compare it to the OJ Simpson trial. That was a three ring media circus that we could not escape from had we wanted to. Where are the media now? In the lead-in to the Clinton bombing campaign, the media painted Milosevic as the Slavic version of Hitler. By all rights, this should be the trial of the century if that were true. But they have hardly troubled themselves with this at all. It's a done deal. I don't see why they even bother with the formality of a "trial". And the kicker for Mr Milosevic is, their is no "race card" for him to play and it seems that Joe Average is simply indifferent to the whole farce.
11 posted on 09/07/2001 1:27:28 PM PDT by Prodigal Son
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To: Prodigal Son #5
Attempted genocide does not fit - there were a lot of opportunities for Yugoslav army to wipe out refugees with machinegun fire, but this never occured. NATO bombers had more luck in this...
12 posted on 09/07/2001 4:30:59 PM PDT by Alexandre
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To: Prodigal Son
Joe Average does not want to know that his kids are being used to enforce what appears to be a new fascist order in europe (at least for starters).
The US public has accepted the story presented by eight years of very heavy handed propaganda and blatantly illegal use of force.
Milosevic's trial is merely the cap stone, the mythical proof of legality where none existed before but by which new legality can be created in precedent.
In short, Joe Average WANTS Milosevic convicted (of what crimes is immaterial) lest he have to admit that his country and his military have been up to no good of late.

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!

13 posted on 09/08/2001 9:13:51 AM PDT by norton
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