Saturday, May 28, 2011

"Serbia can claim a record unmatched with international justice"

Serbian authorities had tried to explain that Ratko Mladic had fled, but they had no evidence, no evidence enabling them to support these claims. Mladic was protected by its allies, especially in the Serb army and the authorities knew it. The defensive line of Mladic in 2011 is currently unknown. We'll have more details during his appearance before the International Tribunal, before which he will plead guilty or not guilty at his arrival at The Hague.

But we know that his supporters, that Radovan Karadzic, currently on trial at The Hague, Slobodan Milosevic, the former Yugoslav president, also tried by the International Tribunal, have all denied that they intended to implement a policy ethnic cleansing, while stating that war is war and it always causes collateral damage to civilians.

Another of the defenses is that they are not Serbs who fired first, and they were responding to an attack by Bosnian Muslim who, they say, wanted to build an Islamic state in the heart of Europe. Before the tribunal in The Hague, accused Serbian so often invoke self-defense. Legally, and faced with some 130 000 deaths in the Bosnian war, the argument has no weight.

No, there is no statute of limitations for crimes of genocide and crimes against humanity before an international court. The Security Council of the United Nations, which established the court in 1993, asked him to close his doors for many years. The court is expensive, procedures are lengthy, and New York would turn the page of the crimes committed in Bosnia.

But every year, court officials appear before the Security Council and defend a budget that has so far been renewed. The next deadline for closing the court was set by New York at the end of 2014. The arrest of Ratko Mladic and the trial should follow could push this further period. There is still a fugitive, Goran Hadzic, a former Croatian Serb leaders.

He was indicted in 2004 and had narrowly escaped arrest with complicity in the Serbian police. Since man is still at large and many hope that after Mladic Serbia will loop definitely top war criminals engaged in the Hague. Others believe that Belgrade might, after this gesture of goodwill - the arrest of Mladic - did not deliver the last fugitive.

The last track dates back to December 2004. He was photographed by the Tracking Team, the team hunts prosecutor's office, trying to flee to his car, a sports bag in his hand. Since then, Goran Hadzic was always very discreet. No, Karadzic's trial began in April 2009. The prosecutor has called 70 witnesses to testify.

Karadzic's trial is too advanced for the two men could be tried together. It was the original draft of the prosecutor, but after the arrest of Karadzic, the trial of two men had been separated. Mladic will be tried alone, but on the Srebrenica massacre and siege of Sarajevo in particular, the prosecutor will use the same evidence as those lodged against Karadzic.

After fifteen years of investigation, there are hundreds of thousands of pages of documents consisting of testimony and records of the Serb Republic. Mladic still has supporters within the Serbian population in both Serbia and the Republika Srpska. Last night in Belgrade, two hundred demonstrators protested in the streets against the arrest of one they still consider a hero.

But over the years, his supporters have been slowly eroded. The revelation of the crimes in Srebrenica, in particular, over the last fifteen years, was denied by a portion of the population. But faced with evidence, attitudes have slowly evolved. Yes, in the sense that it is now part of the Serbian nationalist mythology.

He never had no electoral mandate, he never participated in elections is a soldier who for many is considered a victorious figure in Serbian history. Bosnians, Croats and Kosovars were prosecuted by the tribunal in The Hague. The prosecutor had opened an investigation against a former Bosnian president, Alija Izetbegovic, but the investigation was closed after his death.

A similar survey had been conducted against his Croatian counterpart Franjo Tudjman, who was also died before his indictment. But several of his relatives, ministers, officers, advisors, have been tried in The Hague. Bosnian side, two Chiefs of Staff have also been tried. Finally, the Kosovo side, six officers were charged, including former Prime Minister Ramush Haradinaj, whose trial is still ongoing.

The court also continued the former interior minister of Macedonia and the police chief. Yes, it's optimistic. The trial of Ratko Mladic, like all who were brought before the International Tribunal, will not bury the ethnic divisions. It was the hope of the international community when the court was erected.

But this view is that judges in The Hague consider themselves to be quite angelic. However, lengthy trials that take place in The Hague can establish a large part of the facts that occurred during the wars in former Yugoslavia, and therefore constitute a considerable material for history, but also for immediate history.

The convictions of the court in The Hague can fight against Holocaust denial, soil on which ethnic divisions continue to feed. No, for victims, this trial is eagerly awaited, even 16 years after the war. The pains of war are not forgotten with time, even if they subside. View Ratko Mladic before judges in The Hague, as was the case with Karadzic and Milosevic, has always been regarded as a kind of relief to victims.

Yes, the arrest of Mladic will allow Serbia to negotiate more easily, especially with Europeans. Brussels had made the delivery of war criminals a condition for opening negotiations for the integration of Serbia into Europe. Today, Serbian authorities can claim a record unmatched with international justice.

One hundred defendants were arrested or handed over to The Hague, which, it must be remembered, a Head of State, several ministers, the chief of Intelligence, Chief of Staff, and many officers . With this arrest, Serbia should finally be able to negotiate on equal terms with Europe or with other states in the region.

I did not address the details of the conditions imposed by the EU integration of Serbia into Europe, especially economically. But there are actually other conditions around which the negotiations are still ongoing. Theoretically, they risk imprisonment. So far, the International Tribunal had pronounced the sentence once, against the former head of the detention camps of Omarska and Prijedor.

But this sentence was reduced to forty years imprisonment by the Appeals Chamber. In terms of international justice, there is a strong current against the perpetuity, which is considered a punishment that is not consistent with respect for human rights. The trial in The Hague has so far not made significant revelations on facts already known.

These are details provided dropwise by different witnesses, thanks to documents collected by the court during his fifteen years of investigation that would gradually understand more accurately the various events of the war. Everything will depend on the willingness to talk to Mladic and his ability to bring proof of his allegations.

Yes, to a large extent. The tribunal has prosecuted and sentenced 125 defendants today, the length of his trial, often criticized, gives a fairly complete picture of the wars in former Yugoslavia. Moreover, the indictment of key players in the war, Milosevic, Karadzic and Mladic, even though they have long escaped justice, was removed from power.

Mladic had to flee for many years. Karadzic had left the party and did not represent anything in the political life in Bosnia. As for Milosevic after his arrest and transfer to The Hague, he has slowly lost its influence in Belgrade, where its network considerably disintegrated. Although the transition has been long enough, the Serbian leaders today have been through that turn the page of nationalism.

Yes, indeed, they consider to be pointed as the only responsible for the crimes of the former Yugoslavia. To some extent, is what keeps a large portion of public opinion in France, for example. It is also like this that Belgrade has long been regarded by the international community. The responsibility of the Serbian regime in the war and the magnitude of crimes committed by his troops partly justify this perception.

Chat moderated by François Béguin

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