The Srebrenica Massacre - Nova Srpska Politicka Misao

Securing Verdicts: The Misuse of Witness Testimony at The Hague
to be collaborators or perceived not supporting the KLA (whether taking
these groups separately or as a whole), was not on a scale or frequency
that would allow for a conclusion that there was an attack
against a civilian population. The Trial Chamber also finds that some of
the victims were singled out primarily for reasons pertaining to them individually,
such as their real or perceived connection with the Serbian
authorities or for other reasons, rather than being members of the civilian
population.” 20
That took care of the crimes against humanity charges. All that was
needed now was to deal with each allegation on a case-by-case basis. It
isn’t hard to win if you’re playing with a stacked deck. When the ICTY
deals with Serbs, the existence of a conspiracy reaching the highest levels
of government is assumed. Therefore, every crime had to have been
willed at the highest levels. When it comes to non-Serbs, chaos and uncertainty
prevail. It’s impossible to draw any conclusions about anything.
The evidence is always insufficient: Witnesses are unreliable, the
circumstances of a crime are ambiguous, the forensics are contaminated
or lost. Suddenly, hearsay is suspect (the word “hearsay” is mentioned
37 times in the judgment, always in a negative, disparaging sense). Gone
are the certitude and categorical assertions that feature so prominently
in most ICTY judgments.
Unless a witness actually sees a KLA killing the circumstances of a victim’s
death remain mysterious. Even witnessing a KLA killing doesn’t
suffice because it is always possible that the killer may not, or may no
longer, be a member of the KLA. There were “only a few alleged murders
for which the evidence allows identification of a perpetrator or perpetrators,”
the judges wrote. “Even for those few, the evidence does not
consistently support KLA involvement as alleged.” 21 Discussing one
case, the judges found the evidence “with regard to perpetrators and circumstances
of many of the alleged murders is vague, inconclusive, or
simply non-existent. Often the evidence stops where the person disappears
under suspicious circumstances and resumes where the bodily remains
are found with signs of a violent death and are identified. What
has happened to the individual in the meantime usually remains unclear.”
22 The judges found themselves unable to conclude that anyone
was murdered or killed in combat or, if murdered, by whom and for
what reason.
163