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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 />

who have had the courage to come forward has been, and will<br />

continue to be, of critical importance. You know that many witnesses<br />

are reluctant to testify. Some are even terrified. <strong>The</strong> intimidation<br />

and threats suffered by witnesses in this case has been<br />

a serious ongoing problem for the individuals concerned and<br />

for this Prosecution. This problem has not gone away. Witnesses<br />

continue to receive threats, both veiled and direct….Mr. President,<br />

if I have no witnesses appearing in court, I will be obliged<br />

to withdraw this indictment. 14<br />

Del Ponte’s admission raised a number of issues. First, if the extent<br />

of the witness intimidation was this intense, why had Haradinaj been<br />

allowed to return to Kosovo and indeed continue his political activities?<br />

Second, the ICTY had had no trouble indicting, trying and convicting<br />

Serbs who had occupied the highest levels of government:<br />

Slobodan Milosevic (former president of Serbia and Yugoslavia), Milan<br />

Milutinovic (former president of Serbia), Milan Babic and Milan Martic<br />

(both former presidents of the Croatian Serb Republic), Radovan<br />

Karadzic (former president of the Bosnian Serb Republic), Momcilo<br />

Krajisnik (former speaker of the Bosnian Serb National Assembly and<br />

Serb representative on the Bosnian presidency). <strong>The</strong> ICTY had had no<br />

problems finding witnesses to testify against these Serb officials and providing<br />

them with extensive protections. That leads to two possible conclusions:<br />

<strong>The</strong> Kosovo Albanians are far more adept and ruthless at using<br />

terror and violence than the Serbs. In which case, why has the ICTY focused<br />

almost exclusively on the Serbs, charging them with genocide and<br />

crimes against humanity and sending them away for decades? Alternatively,<br />

del Ponte was putting forward an alibi to explain the inevitable<br />

acquittal that the ICTY would eventually award Haradinaj. In other<br />

words, there was no serious intent to convict Haradinaj, merely to<br />

demonstrate a supposed evenhandedness and confirm Serb culpability.<br />

Another possibility: <strong>The</strong> Great Powers didn’t support this prosecution<br />

and wouldn’t collaborate in carrying it through, a view flowing through<br />

to the judges in the trial chamber—but that the naïve Del Ponte insisted<br />

on pushing ahead even though she could see that it would go<br />

nowhere. 15<br />

On April 3, 2008, the ICTY did indeed acquit the Kosovo prime<br />

minister, confessing sheepishly that it had “encountered significant dif-<br />

161

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