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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 />

with the consent of the prosecutor, withdrew his guilty plea to crimes<br />

against humanity and, instead, pleaded guilty to violation of the laws or<br />

customs of war. In the subsequent pre-sentence hearing, the prosecutor<br />

appeared extraordinarily anxious to show leniency toward Erdemovic.<br />

As witness, the prosecutor called Jean-Rene Ruez, a French judicial police<br />

superintendent who had worked as an investigator for the OTP<br />

since April 1995, to attest “to the significant co-operation that has been<br />

provided to the Office of the Prosecutor by Mr. Erdemovic.” 65 <strong>The</strong> trial<br />

court, with the approval of the prosecutor, reduced Erdemovic’s sentence<br />

to five years.<br />

<strong>The</strong> ICTY hasn’t seen fit to reveal how much time he actually served,<br />

but it clearly fell somewhat short of five years. By the time Erdemovic<br />

came to testify in the Krstic trial on May 22, 2000, he admitted that his<br />

prison term was already at an end. 66<br />

Inexplicable Circumstances<br />

It is clear that the ICTY conducted no serious investigation to discover<br />

whether or not Erdemovic was telling the truth. <strong>The</strong> OTP has little<br />

evidence other than Erdemovic’s own accounts to show that the<br />

massacres he recounted ever took place. No one has come forward to<br />

corroborate his accounts of the killings at Branjevo farm or at the Pilica<br />

public building. No other participant in the killings has confessed or<br />

been arrested or charged or even been interviewed. 67 To this day, the<br />

lieutenant colonel who allegedly issued the horrific orders remains<br />

unidentified. This is strange. <strong>The</strong>re couldn’t have been that many lieutenant<br />

colonels in the army of the Republika <strong>Srpska</strong>, and the ICTY<br />

must surely have photographs of all of them. A lieutenant colonel<br />

shouldn’t be that hard to track down. 68<br />

From the start, there were too many inexplicable circumstances surrounding<br />

Erdemovic’s case:<br />

First, it’s not at all clear why a Bosnian Croat would join the army of<br />

the Republika <strong>Srpska</strong> for the reasons offered by Erdemovic. Nor is it<br />

even remotely likely that the Bosnian Serbs would entrust the carrying<br />

out of executions, particularly if they wanted to keep them secret, to<br />

Croats. Erdemovic declared that most of the members of the unit were<br />

Croats. He said that he had no interest in politics and detested all nationalisms.<br />

Erdemovic “has professed pacifist beliefs and claims to have<br />

188

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