Jefferson Corner: America's Speaker Corner

02 March 2007

The ruling and the indictment from The Hague were big disappointment. Both did not go far enough

After a long wait, two news announcements came out of The Hague. The first was the decision of the International Court of Justice (perhaps injustice), which exonerated Serbia of the responsibility for genocide arising out of the cold-blooded murder of 8,000 Bosnian Muslims in the city of Srebrenica. Of course we also need to remember that the city of Srebrenica was declared by the UN as “safe heaven) left under the protection of the Dutch contingent of UN peace keeper, all of whom simply left ahead of the advancing Serbs knowing full well that the massacre will take place, yet they walked away. I learned not too long ago, that this Dutch contingent was awarded medals for the honorable work it did in walking away and for handing over the Bosnian Muslims to the Serb.
Bosnia-Herzegovina filed the law suit against Serbia, not only seeking damages for Serbia’s role in the killing and murder of over 200,000 Muslims, but also to make sure that countries that allows and over looks crimes of genocide and ethnic cleansing, by their citizens, must he held liable for such a crime.
The International Court of Justice, while exonerating Serbia, it also ruled that Serbia failed to prevent the 1995 genocidal slaughter of Muslims at Srebrenica. More interesting is the fact that the Court President Judge Roslyn Higgins rejected claims for monetary damages while calling on Serbia to hand over Ratko Mladic, the Serb who was the military leader directly responsible for the murder of hundreds of thousands. This man remains in hiding and dodging arrest, of course with the support of Serbia and the Serbs. The court did not mention the need to arrest and bring to trial the other war criminal Radovan Karadzic who also remains in hiding in Serbia.
While the court ruled that the Bosnian killings were genocidal, it's ruling simply emptied the verdict of any meaning, by not holding Serbia responsible and opening the way for other countries to commit the same and get away with it. One could never understand such ruling and how could the court simply ignore the cold-blooded murder not only of the 8,000 in Srebrenica but all over Bosnia. If there was a crime, then someone must be responsible for it and someone must pay for the crime. It is simple justice, but then the Hague is not knownfor handling such simple cases of international crimes. It is unbelievable that a country that provided full logistical support and manpower that allowed such crimes to take place is not held responsible and is not called upon to compensate all of the tens of thousands killed. That what makes the western justice system so interesting? I never understand why the International Court of Justice did not follow the precedent of the Nuremberg trial which was the basis for so many Nazi Germans to go to jail and death sentence and set pace for Germany to pay Israel billions of dollars in restitutions and compensation. I know that Bosnian Muslims are not Jews, but international criminal law must be “faith blind” and must not make any distinctions if the victims are Jewish, Muslims, Catholic or Orthodox Christians. So much of the ICJ.
The other news, which was long awaited and welcome news, is the announcement by Prosecutor Luis Moreno O’Campo of the indictment of some Sudanese officials for all of the crimes committed in Darfur. The Sudanese officials are Ahmed Mohammed Harun, who is a junior minister responsible for humanitarian aid, of all things, and the leader of the Janjaweeds Ali Mohammed Ali Abd-al-Rahman better know as Ali Kushayb.
Similar to the ruling of the ICJ, the indictment did not go further and indict Sudan as a county and its leadership for the terrible crimes it allowed its officer and agents to commit in Darfur resulting in the cold blooded murder of some 300,000 innocent people. When countries like Sudan, Serbia, Israel allow their agents and officers to commit murder and provide them with all of the logistical support and weapons to carry on with such crimes, then these countries must be held responsible for such crime. How could any one again, specially victims of crimes, trust and believe that nations that allows its officers and agents to commit genocide and international war crimes or ethnic cleansing, could ever pay for such crimes,if such international tribunal rule as it did in the Hague last week. The ICJ and the international indictment did not go far enough and put a check on leadership and nations making sure that such terrible crimes as those committed by Serbia in Bosnia, crimes as those committed by Sudan in Darfur and crimes committed by Israel in the Occupied Territories could NEVER happens again. Both the ICJ ruling and the indictment were big disappointment to the millions of victims of these crimes. Only severe criminal punishment and very expensive damages could ever put an end to such crimes. Leaderships and citizens must know they must pay for any crimes committed. No one and no country should get away with murder. The ICJ by its ruling is giving the wrong message to nations and to leaderships, even to citizens. But then what do we expect?

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