The Srebrenica Massacre - Nova Srpska Politicka Misao
The Srebrenica Massacre - Nova Srpska Politicka Misao
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