The Srebrenica Massacre - Nova Srpska Politicka Misao

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Securing Verdicts: The Misuse of Witness Testimony at The Hague strictions in advance about what they can and cannot be asked. A case in point was the testimony of former NATO Supreme Commander Wesley Clark during the Milosevic trial in December 2003. The U.S. government demanded that Clark not be questioned about NATO’s war on Yugoslavia. The ICTY complied, permitting Clark to pontificate about the alleged crimes committed by the Serbs, but restricting Milosevic’s cross-examination to Clark’s account of his meetings with him and ruling out any discussion of NATO crimes. In addition, defense attorneys who do not accord prosecution witnesses due deference face censure by the court. Judges come down very hard on defense attorneys who probe witnesses too vigorously. For example, witness B-1054, a Bosnian Muslim woman, testified in the Milosevic trial that she had been among a group of Muslims burnt alive by Bosnian Serbs. It was soon clear that she was having difficulties keeping her story straight. First, she claimed, “some oil or fuel had been poured on the carpets. And that is when they set fire to us.” However, she also referred to a bomb being thrown into the house. She also mentioned gas. After cross-examining the woman for a while, Milosevic finally declared, “I have to say to you that this sounds rather confusing to me because in your statement to the investigators…you say that [redacted] jumped out of the window just when the bomb exploded….So there was an explosion, not just burning but also a bomb that exploded?....So was there a bomb that exploded, or was there a gas, or was there carpet soaked and sprinkled with a liquid? What was it?” 53 At this point, the prosecutor jumped up indignant that Milosevic expected the witness to remember every single detail of this traumatic event. Then it was the turn of Branislav Tapuskovic, a court appointed amicus, to cross-examine her. Within minutes of his starting, Judge Richard May interrupted. “What is the point?” he bellowed. “You pointed out some discrepancies in the witness’s account….The overall account that this happened has not been challenged by the accused, that these people were in the house, it was set fire to, they were burned. Now, the precise detail of how that happened does not appear at the moment to matter very much.” 54 The details don’t matter, just the accusation. Witnesses as Prosecutor Conveyor Belts Prosecutors use witnesses as conveyor belts to put out stories they 180
Securing Verdicts: The Misuse of Witness Testimony at The Hague want put out. The role of witnesses is to confirm conclusions the prosecutors had already reached. Under a system like that of the ICTY, which permits hearsay, the recounting of tales that prosecutors may believe to be true but for which there is no corroborating evidence is quite easy. Witnesses can say what prosecutors want them to say, and then explain that they heard it from someone else. The tribunal rules of evidence as well as its practice enable prosecutors to present witness evidence themselves without the witness being present. Moreover, the ICTY has mechanisms in place that severely restrict the possibility of cross-examination. Rule 89(F) says that the “Chamber may receive the evidence of a witness orally or, where the interests of justice allow, in written form”; and Rule 92b states that a “Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment.” As if that were not enough, the ICTY appeals chamber ruled on September 30, 2003, that written statements can be presented as evidencein-chief which do go to “the acts and conduct of the accused as charged in the indictment.” All a witness has to do is show up and attest to his being the true author of the statement. While cross-examination is permitted, it is severely limited, both in terms of time and subject-matter. In eliminating oral testimony altogether, a defendant is severely restricted in his ability to confront his accusers since it is the contradictions between a witness’s oral and written statements, revealed through cross-examination, that can challenge the credibility of a witness. As trials at the ICTY reveal, contradictions between a witness’s oral and written statements, not to mention those between the various written statements, can be quite dramatic. These ICTY rules are a huge boon to prosecutors: They reduce the possibility of a defendant’s being able to distinguish how much of the “statement” taken by the prosecutor is direct witness testimony and how much OTP-constructed narrative. Not surprisingly, then, witnesses frequently arrive in court with written statements that display remarkable knowledge of highly intricate issues. For example, witness B-129, the part-time administrative clerk who allegedly worked at Arkan’s SDG appeared to know an extraordinary amount about the organization. It was particularly extraordinary, 181
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The SREBRENICA MASSACRE Evidence, C
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CONTENTS Maps 4-6 Foreword 7 Philli
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Bosnia and Herzegovina, Summer 1995
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FOREWORD Phillip Corwin On July 11,
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Foreword Serbs had lived in Western
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Foreword not allow the Serbian peop
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PREFACE Edward S. Herman Srebrenica
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Preface event and symbol demonstrat
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Preface Against Radovan Karadzic an
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CHAPTER 1 Introduction Edward S. He
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Introduction exact provenance of th
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Introduction chose or vetted key pe
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Introduction ern disinterest in pre
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Introduction control of Kosovo.”
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Introduction tle bombing to see rea
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Notes Introduction 1 “Bosnia: 2 O
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Introduction cating satellite photo
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Introduction 31 See Johnstone, Fool
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CHAPTER 2 Prelude to the Capture of
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Prelude to the Capture of Srebrenic
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The Military Context of the Fall of
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Preface video footage to the intern
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CHAPTER 4 The Numbers Game Jonathan
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The Numbers Game proof of Serb evil
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The Numbers Game tled on the figure
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The Numbers Game makes it mathemati
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The Numbers Game the first 48 hours
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The Numbers Game vivors, even thoug
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The Numbers Game have taken place,
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The Numbers Game made by the U.S. A
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The Numbers Game photographs so tha
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The Numbers Game led to expect ...
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The Numbers Game ber.” But on Apr
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The Numbers Game The Graves, which
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The Numbers Game cutions…. Summar
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The Numbers Game hiding proof of a
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Page 131 and 132: The Numbers Game As noted above, on
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Page 135 and 136: The Numbers Game tween the Red Cros
Page 137 and 138: The Numbers Game More than 600 deta
Page 139 and 140: The Numbers Game degree of independ
Page 141 and 142: The Numbers Game and George Soros
Page 143 and 144: The Numbers Game mate for the total
Page 145 and 146: The Numbers Game ports of possible
Page 147 and 148: The Numbers Game brenica...The Deco
Page 149 and 150: The Numbers Game - Herzegovina. See
Page 151 and 152: The Numbers Game Visegrad, Rogatica
Page 153 and 154: CHAPTER 5 Securing Verdicts: The Mi
Page 155 and 156: Securing Verdicts: The Misuse of Wi
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Page 217 and 218: The ICTY Calls It “Genocide” No
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Page 221 and 222: The ICTY Calls It “Genocide” to
Page 223 and 224: The ICTY Calls It “Genocide” Re
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UN Report on Srebrenica—A Distort
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U.S. Media Coverage of Srebrenica a
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U.S. Media Coverage of Srebrenica t
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U.S. Media Coverage of Srebrenica T
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U.S. Media Coverage of Srebrenica o
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U.S. Media Coverage of Srebrenica T
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CHAPTER 9 U.K. Media Coverage of Sr
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U.K. Media Coverage of Srebrenica f
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U.K. Media Coverage of Srebrenica p
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U.K. Media Coverage of Srebrenica t
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U.K. Media Coverage of Srebrenica p
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U.K. Media Coverage of Srebrenica v
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U.K. Media Coverage of Srebrenica e
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U.K. Media Coverage of Srebrenica i
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U.K. Media Coverage of Srebrenica a
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U.K. Media Coverage of Srebrenica S
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Summary and Conclusions believe the
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Summary and Conclusions combat deat
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Summary and Conclusions from even l
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Summary and Conclusions UN officers
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Summary and Conclusions a genocide
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Summary and Conclusions the mercies
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Summary and Conclusions the conflic
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Summary and Conclusions agenda and
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Summary and Conclusions server, Jun
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Summary and Conclusions 28 See abov
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Note on Contributors George Bogdani
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