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The Srebrenica Massacre - Nova Srpska Politicka Misao

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Securing Verdicts: <strong>The</strong> Misuse of Witness Testimony at <strong>The</strong> Hague<br />

three hundred women and children, all from territory where they and<br />

their ancestors had lived for hundreds of years.<br />

As for the Bosnian Muslims or the Kosovo Albanians, true to their<br />

NATO-ICTY-assigned role of victims, few of their officials have been<br />

indicted. To be sure, the ICTY did put on trial Sefer Halilovic, the chief<br />

of staff of the Bosnian Muslim army, but only on charges of violations<br />

of the laws or customs of war, and only for alleged crimes committed<br />

against Bosnian Croats. However, the ICTY did something unusual: It<br />

acquitted him. Similarly friendly treatment is accorded to the Kosovo<br />

Liberation Army (KLA). Of three Kosovo Albanians brought to trial so<br />

far, two—Fatmir Limaj and Isak Musliu—were acquitted of crimes<br />

against humanity and violations of the laws and customs of war, while<br />

one—Haradin Bala—was acquitted of crimes against humanity but<br />

convicted of violations of the laws of war, and sentenced to 13 years’ imprisonment.<br />

(Acquittal of crimes against humanity is significant, for it<br />

means that the crimes of which Bala was convicted are held by the ICTY<br />

to have been committed, not as part of a widespread and systematic attack<br />

against the civilian population, but in the course of a conflict<br />

against other armed forces.)<br />

In February 2005, the ICTY indicted Kosovo Prime Minister Ramush<br />

Haradinaj. Haradinaj resigned, went to <strong>The</strong> Hague and was released<br />

pending trial. <strong>The</strong> ICTY subsequently ruled that he was free to<br />

take part in political activities while he was awaiting trial (in dramatic<br />

contrast to their refusal to allow Milosevic to be sent to Moscow for urgent<br />

medical treatment). In his subsequent trial, charging him with<br />

crimes against humanity and violations of the laws and customs of war,<br />

ICTY prosecutors alleged that Haradinaj had been a member of a joint<br />

criminal enterprise, the purpose of which was to secure KLA control of<br />

Dukagjin “by attacking and persecuting certain sections of the civilian<br />

population there: namely the unlawful removal of Serb civilians from<br />

that area, and the forcible, violent suppression of any real or perceived<br />

form of collaboration with the Serbs by Albanian or Roma civilians<br />

there.” But, not surprisingly, nothing was to come of this. He was a<br />

U.S. ally and client.<br />

<strong>The</strong> United States had long had a special attachment to Haradinaj. In<br />

July 2000, Haradinaj was wounded in a mysterious shooting. <strong>The</strong> Americans<br />

immediately flew the injured Haradinaj by helicopter to the mili-<br />

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