Sunday, September 19, 2010

Did ICTY brought Trouble or the Rule of Law in Balkans

by Dardan Lajqi

The former Yugoslavia countries have always had people that were over the law or differently said people that are immune to the law. International Criminal Tribunal for former Yugoslavia since its establishment in 1993 has worked to punish the law breakers and especially the ones that the Yugoslavia itself was unable to do so. For those 17 years of work ICTY has charged more than 160 people and 94 of them were Serbs, 29 Croats, 9 Albanians, 9 Bosniaks, 2 Macedonians and 2 Montenegrins (ICTY). The prime minister of Serbia and many more high rank generals, ministers and people with high power within their states were also charged from ICTY. An article published in BBC says five former top Serbian officials were found guilty on some or all the charges relating to the 1990s conflict. Thus, ICTY was a great help in bringing the rule of law in Balkans, but still there are people that argue that ICTY wasn`t equal on assigning punishments and that the ICTY mission was very expensive and it should be closed.

ICTY has charged plenty of powerful people and thus showed Balkan citizens that no one is stronger than the law itself. People in former Yugoslavian countries are now familiar with their rights. From now on, the population in former Yugoslavia cannot be cheated from its leadership. Even the leadership itself is now aware that they cannot just break laws, because the law is more powerful than them and that in case they break it, its citizens will want justice and that the world will do something, if the state itself doesn’t. ICTY also brought hope and safety to the people living in the former Yugoslavia, because their rights are now protected more seriously and that no state leader can`t change or deny their basic human rights. People now know that even if in war, the rule of law is on their country and that they still have their human rights protected and if not from their country, then from a tribunal similar to that of the ICTY.

Nonetheless, there are still people that think that ICTY created trouble by being unbalanced or unequal with their charges while some also want to close ICTY because of high operation costs. They might say that they have charged Serbians way too much, compared with others, while there were also victims of some of the war crimes. But, in my opinion the attackers and the ruling force were Serbians, and the oppression itself came from Serbians, they were the ones conducting crime and ordering crime that’s why they have so many more charges compared to other nationalities of the former Yugoslavia. Other nationalities or other war participants have charges too, but they just have much less charges compared with the Serbs, this also means that there was much fewer crimes conducted from others compared with the Serbian crimes. ICTY spends a lot of funds to operate each year but still it should not be closed because without its help the former Yugoslavian countries would have never attained the rule of law. Besides that ICTY should still not be closed, because there are still some people on the trial and another two haven`t got arrested yet.

There is no doubt that the ICTY has made an enormous contribution to international criminal and humanitarian law. ICTY has done great work those 17 years of its existence, and it still keeps doing a great job. They made people feel safer and with that they helped on bringing the confidence and the hope to people, which was needed to bring the rule of law. It was indeed needed to make people aware that their human rights are protected from a force existing outside the boundaries of their country. Citizens are now stronger than ever and only because they feel that they have rights now and a place to go and complain where their voice will be heard.

1 comment:

  1. Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot
    Legitimately Prosecute Karadzic Case

    picasaweb.google.com/lpcyusa
    (The Documentary Secret United Nations ICC Meeting Papers Scanned Images)

    sites.google.com/site/jillstarrsite/irrefutable-proof-icty-is-corrupt-court-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case/irrefutableproofictyiscorruptcourtirrefutableproofthehaguecourtcannotlegitimatelyprosecutekaradziccase

    This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and
    others awaiting trials in the Hague jail; like it or not.

    Unfortunately for the Signatures Of the Rome Statute United Nations member states
    instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as
    with the other Hague cases awaiting trial there, I personally witnessed these United
    Nations member states having a substantial conversation and openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in
    Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and
    others.

    I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to
    establish an newly emergent International Criminal Court, the exact caliber of criminal
    corruption running so very deeply at the Hague, that it was a perfectly viable topic of
    legitimate conversation in those meetings I attended to debate trading verdicts AND
    judicial appointments, for monetary funding.

    Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was
    not taken to well by the chair of the meeting , then Spain argued in a particularly loud
    and noticably strongly vocal manner, “Spain (my country) strongly believes if we
    contribute most financial support to the Hague’s highest court, that ought to give us and
    other countries feeding it financially MORE direct power over its
    decisions.”

    ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative
    from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for
    international judicial verdicts and judicial appointments, all country representatives
    present in the meeting that day all treated the Spain proposition as a ”totally legitimate
    topic” discussed and debated it between each other for some time. I was quite shocked!
    The idea was "let's discuss it." "It's a great topic to discuss."

    Some countries agreed with Spain’s propositions while others did not. The point here is,
    bribery for judicial verdicts and judicial appointments was treated as a totally legitimate
    topic instead of an illegitimate toic which it is in the meeting that I
    attended in 2001 that day to establish the ground work for a newly emergent
    international criminal court.))))))))))))))))))))))))))))

    In particular., since "Spain" was so overtly unafraid in bringing up this topic of trading
    financial funding the ICC for influence over its future judicial appointments and verdicts
    in front of every other UN member state present that day at the UN, "Spain" must have
    already known by previous experience the topic of bribery was "socially acceptable" for
    conversation that day. They must have previously spoke about bribing the ICTY and ICC
    before in meetings; this is my take an international sociological honor student.

    SPAIN's diplomatic gesture of international justice insofar as, Serbia, in all of this is,
    disgusting morally!

    SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN
    "INTERNATIONAL CRIMINAL COURT."

    I represented the state interests' of the Former Yugoslavia, in Darko Trifunovic’s
    absence in those meetings and I am proud to undertake this effort on Serbia’s behalf.

    ==================================================================================

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