The Hague’s rulings against high-ranking Serbian officials could worsen Belgrade’s position in front of the International Court of Justice (ICJ), says the BBC.
More egg on face of Jeremic and Serb gov't. The ICJ will laugh Serbia's case out of Court. Serbia is attempting the impossible by trying to stop the unstoppable.
Any ruling but a positive ruling for Kosovo's UDI would be a loss for Kosovo. IF the ICJ comes up with an ambiguous ruling, the status quo will be. Lawyers are lawyers and they will argue at the ICJ equally ardently for both sides. While I'm sure the US will send its best lawyers to argue the Kosovo Albanian side, Serbian American lawyers whom are equally good, as well as other American scholars whom are pro-Serbia will be there to help formulate the Serb argument. Thus, status quo and few or no more recognitions.
We will of course use this as an argument because it is a significant argument where heads of the serbian state were punished for the crimes they ordered to be done against kosovar albanians. Milutinovic was not punished ecause
The serb government in fact lately is looking in ways to take out their request for the ICJ since they based on reality, they will rule in favor of Kosova's Independence.
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to."
(Alban, 27 February 2009 17:02)
i wrote all along that altho i was opposed to how the ICJ was being used (abused)politically (by jeremic and co.) i was never particularly worried about the outcome. the ICJ would never come out against independence, but in the end it will probably be mushy-pushy.
at any rate, it is impossible to generalize (esp.ly legally) about these matters; each situation is unique.
i am somewhat pleased with the hague rulings, as far as they went...
They are two issues: Territorial integrity and self-determination. Both are in Int law and are equally important. You can have self-determination in autonomy but after what happened, can Serbia be trusted again by Albanians? What happened in the 10 years since 1999? Did any Serbs official apologize, try to right the wrong? NOPE. All these matter to the ICJ. Plus coupled with the policy since 1912, Serbia is in trouble with ICJ.
Jim,
It will be incorrect to assume that specifically because Kosova, Europe of US/ world democracies are torn in choosing between state sovereignty and self determination.
Firstly that dilemma doesn’t exist for liberal democracies. There are distinctively totalitarian/oppressive regimes like ex Yugoslavia, that struggle with legitimate representation while oppressing and denying basic human rights to huge sections of their own population, (your other examples apply).
The answer might be a straight no for your Russians and Indonesians friends, but when it comes to deciding between territorial integrity rights of an oppressive state and self determination rights of persecuted people, I don’t think that liberal democracies will have any doubts.
Secondly, there numerous multiethnic counties that have had experiences of interethnic violence and would naturally incline towards a NO, India, Iraq come to mind.
In no way is their inclination indicative of the merits of the Serbian claim. The recent Hague rulings are a testimony to a huge qualitative difference. Despite Ataman’s feeble attempt to make this look better, top representatives of Serbian state were found guilty of charges ranging form crimes against humanity, violation of the laws or customs of war, deportation and forcible transfer in the words of John Sweeney orchestrating a joint criminal enterprise of murder, torture and deportation.
Thirdly, you seem too concerned with the preservation of the status quo. This rigid interpretation of international law is better suited to a cold war setting rather than a world where emphases on global human rights regime are prevalent. A ruling in favour of Kosovo might even re-insurrect the predominance of self determination on the international arena. We might have another decolonisation period where we have a sanctioned normative shift towards the rights of the oppressed. Now that would be a better world.
Those bakings from Haague I understand as the FINAL COUNDOWN with the end quite predictable. I wonder why Amir Kusturica does not shoot a film about the Tribunal. We do know enough for such a scenarium.
Next thing I believe in is that the day the Tribunal rests in peace will become a national holiday in Serbia.
Besides some of the judges can be prosecuted by Serbia and searched through Interpol. It will mean that those people won't go to greater part of the world where Russian influence is bigger than that of the US and EU.
Hey guys, how about this.
The internal mishmash is not a sufficient reason for state division but when:
a- this is carried out by the state army whose top brass is wholy found guilty by another International Court and condemned of 15 years and more of prison and
b- this situation comes to an end only with the intervention of the world democracies, the first post-WW2 intervention.
Conclusion: the right of auto-determination o the peoples is possible only when this becomes an international specific case.
None of the accused were found guilty because they themselves killed and raped but because they were a part of a criminal enterprise. And this enterprise had Milosevic as the head and Milutinovic as only a figure head. The judge mentioned that so I don't get how this "professor" in Amsterdam comes to the conclusion that if there is a criminal enterprise to change the demographics of a country is not to be taken into account in the independence ruling.
If ICJ deceides that a few thousand deads is enough to let a region become a state then we can welcome Kurdistan and Tibet and Darfur as independent states the very same day.
Yes, that's the reality. Kosovo is a precedent.
Everyone who does not think so is seriously fooling himself or herself!
I agree that the legality alone is not enough to warrant independence, but a decade of political vacuum, coupled with little to no attempts by Serbs, Albanian, or the international community to find any common ground may be reason to make some argument for self determination. War crimes, regardless of when or where, are the most destructive to the legitimate sovereignty of a state. In this regard, an argument could be raised that the concepts of citizenship were revoked for a group of people. But even if this is the argument used, and if ethnic conflict is the strategy to play to defend Kosovo's sovereignty, it immediately undermines the reason for Bosnia's existence too, as Serbs can claim they are living in a state they don't want and never asked for.
Read it again Ataman:
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to.
So this is the reason why no Albanian war criminals, including "ex" terrorists like Thaci, are not being arrested and tried. Let's show the world only one side of the story in which only the Serbs are guilty. This way we can influence and manipulate the courts, and world opinion, for more recognitions. The way they are approaching it, and what they are creating is not just or real. And everyone knows that what is not just is sin, and that what is not real is fake. And that which is fake WILL NOT, yes, NOT and NEVER stand the test of time. Please brothers and sisters, just look at all of the death, destruction, and suffering in the world at the helm of these misguided and "blind" Western leaders, who are so lacking in Spirit.
SO,SO,SO Destructive for humanity.
At the same time I am sure, Serbia will argue that the head of the state, Milan Milutinović was found innocent from all charges. Nevermind him being significant or not, but there is some luck, too:
- There is no guilty verdict against Milosevic (tough we know, he is guilty like hell). Same applies to Haradinaj, Ceku, Thaci. Officially - as bizarre as it is - Milosevic, Haradinaj, Ceku, Thaci are all innocent like a newborn baby. So is O.J. Simpson in the double-murder case.
- The highest-ranking official of former YU is cleared from all charges. It means: "The State is innocent, but it had some villains in the service"
- There is already a verdict, there wasn't any ethnicide in Kosovo.
There will be many attempts to sway the judges and I am afraid, the ICJ verdict will be as cloudy as possible, opening way to further interpretations.
The whole problem with the ICJ case, and this is why it was so opposed by so many countries, is that it has the potential to open up an enormous can of worms for the international community.
Many people assume that a ruling in Serbia's favour would be bad for the US and the EU. In fact, a clear ruling in Kosovo's favour would actually be worse as it would open up the possibility of creating a path for many other separatist groups and entities to follow in future.
In this context, the ICTY ruling is indeed important for the Kosovo Albanians, but perhaps not in the positove way that many assume.
While the Kosovo Albanians might want to use war crimes as a justification for secession, I think that their closest supporters will be dreading a defence of UDI constructed around this idea - for the same reason I outlined above. If the ICJ accepts that atrocities form an integral part of the justification for UDI, then it will play even better to secessionist movements around the world. Just think of the Tamils in Sri Lanka, the Kurds in Turkey, the South Ossetians and Abkhazians, etc. who can also claim legitimately that they suffered repression. (And what of the Kosovo Serbs?) Indeed, if past suffering is accepted by the ICJ as a basis for self-determination, it will completely upend international politics.
For this reason, while many Kosovo Albanians might be pleased that this rulling will strengthen their case, many people in other capitals in the EU and elsewhere will actually be even more nervous this morning about the ICJ ruling. While they might like to say that Kosovo had to become independent as the events of the 1990s made cohabitation impossible, they certainly don't want this principle set in stone in an ICJ ruling.
Legally speaking the professor is right that the verdict can not be used ALONE to prove that Kosovo’s declaration of independence was justified.
However, the verdict, if combined with the argument that there was one decade of disenfranchisement and oppression makes for an extremely powerful argument, one that might win the case for Kosovo.
On that basis, one could argue that RE 1244 was a mistake because it was based on the assumption that Serbia and Kosovo can coexist. This assumption was wrong and this verdict helps prove how wrong it was.
Legally speaking the professor is right that the verdict can not be used ALONE to prove that Kosovo’s declaration of independence was justified.
However, the verdict, if combined with the argument that there was one decade of disenfranchisement and oppression makes for an extremely powerful argument, one that might win the case for Kosovo.
On that basis, one could argue that RE 1244 was a mistake because it was based on the assumption that Serbia and Kosovo can coexist. This assumption was wrong and this verdict helps prove how wrong it was.
The whole problem with the ICJ case, and this is why it was so opposed by so many countries, is that it has the potential to open up an enormous can of worms for the international community.
Many people assume that a ruling in Serbia's favour would be bad for the US and the EU. In fact, a clear ruling in Kosovo's favour would actually be worse as it would open up the possibility of creating a path for many other separatist groups and entities to follow in future.
In this context, the ICTY ruling is indeed important for the Kosovo Albanians, but perhaps not in the positove way that many assume.
While the Kosovo Albanians might want to use war crimes as a justification for secession, I think that their closest supporters will be dreading a defence of UDI constructed around this idea - for the same reason I outlined above. If the ICJ accepts that atrocities form an integral part of the justification for UDI, then it will play even better to secessionist movements around the world. Just think of the Tamils in Sri Lanka, the Kurds in Turkey, the South Ossetians and Abkhazians, etc. who can also claim legitimately that they suffered repression. (And what of the Kosovo Serbs?) Indeed, if past suffering is accepted by the ICJ as a basis for self-determination, it will completely upend international politics.
For this reason, while many Kosovo Albanians might be pleased that this rulling will strengthen their case, many people in other capitals in the EU and elsewhere will actually be even more nervous this morning about the ICJ ruling. While they might like to say that Kosovo had to become independent as the events of the 1990s made cohabitation impossible, they certainly don't want this principle set in stone in an ICJ ruling.
Read it again Ataman:
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to.
If ICJ deceides that a few thousand deads is enough to let a region become a state then we can welcome Kurdistan and Tibet and Darfur as independent states the very same day.
Yes, that's the reality. Kosovo is a precedent.
Everyone who does not think so is seriously fooling himself or herself!
At the same time I am sure, Serbia will argue that the head of the state, Milan Milutinović was found innocent from all charges. Nevermind him being significant or not, but there is some luck, too:
- There is no guilty verdict against Milosevic (tough we know, he is guilty like hell). Same applies to Haradinaj, Ceku, Thaci. Officially - as bizarre as it is - Milosevic, Haradinaj, Ceku, Thaci are all innocent like a newborn baby. So is O.J. Simpson in the double-murder case.
- The highest-ranking official of former YU is cleared from all charges. It means: "The State is innocent, but it had some villains in the service"
- There is already a verdict, there wasn't any ethnicide in Kosovo.
There will be many attempts to sway the judges and I am afraid, the ICJ verdict will be as cloudy as possible, opening way to further interpretations.
I agree that the legality alone is not enough to warrant independence, but a decade of political vacuum, coupled with little to no attempts by Serbs, Albanian, or the international community to find any common ground may be reason to make some argument for self determination. War crimes, regardless of when or where, are the most destructive to the legitimate sovereignty of a state. In this regard, an argument could be raised that the concepts of citizenship were revoked for a group of people. But even if this is the argument used, and if ethnic conflict is the strategy to play to defend Kosovo's sovereignty, it immediately undermines the reason for Bosnia's existence too, as Serbs can claim they are living in a state they don't want and never asked for.
So this is the reason why no Albanian war criminals, including "ex" terrorists like Thaci, are not being arrested and tried. Let's show the world only one side of the story in which only the Serbs are guilty. This way we can influence and manipulate the courts, and world opinion, for more recognitions. The way they are approaching it, and what they are creating is not just or real. And everyone knows that what is not just is sin, and that what is not real is fake. And that which is fake WILL NOT, yes, NOT and NEVER stand the test of time. Please brothers and sisters, just look at all of the death, destruction, and suffering in the world at the helm of these misguided and "blind" Western leaders, who are so lacking in Spirit.
SO,SO,SO Destructive for humanity.
Those bakings from Haague I understand as the FINAL COUNDOWN with the end quite predictable. I wonder why Amir Kusturica does not shoot a film about the Tribunal. We do know enough for such a scenarium.
Next thing I believe in is that the day the Tribunal rests in peace will become a national holiday in Serbia.
Besides some of the judges can be prosecuted by Serbia and searched through Interpol. It will mean that those people won't go to greater part of the world where Russian influence is bigger than that of the US and EU.
They are two issues: Territorial integrity and self-determination. Both are in Int law and are equally important. You can have self-determination in autonomy but after what happened, can Serbia be trusted again by Albanians? What happened in the 10 years since 1999? Did any Serbs official apologize, try to right the wrong? NOPE. All these matter to the ICJ. Plus coupled with the policy since 1912, Serbia is in trouble with ICJ.
Hey guys, how about this.
The internal mishmash is not a sufficient reason for state division but when:
a- this is carried out by the state army whose top brass is wholy found guilty by another International Court and condemned of 15 years and more of prison and
b- this situation comes to an end only with the intervention of the world democracies, the first post-WW2 intervention.
Conclusion: the right of auto-determination o the peoples is possible only when this becomes an international specific case.
None of the accused were found guilty because they themselves killed and raped but because they were a part of a criminal enterprise. And this enterprise had Milosevic as the head and Milutinovic as only a figure head. The judge mentioned that so I don't get how this "professor" in Amsterdam comes to the conclusion that if there is a criminal enterprise to change the demographics of a country is not to be taken into account in the independence ruling.
Jim,
It will be incorrect to assume that specifically because Kosova, Europe of US/ world democracies are torn in choosing between state sovereignty and self determination.
Firstly that dilemma doesn’t exist for liberal democracies. There are distinctively totalitarian/oppressive regimes like ex Yugoslavia, that struggle with legitimate representation while oppressing and denying basic human rights to huge sections of their own population, (your other examples apply).
The answer might be a straight no for your Russians and Indonesians friends, but when it comes to deciding between territorial integrity rights of an oppressive state and self determination rights of persecuted people, I don’t think that liberal democracies will have any doubts.
Secondly, there numerous multiethnic counties that have had experiences of interethnic violence and would naturally incline towards a NO, India, Iraq come to mind.
In no way is their inclination indicative of the merits of the Serbian claim. The recent Hague rulings are a testimony to a huge qualitative difference. Despite Ataman’s feeble attempt to make this look better, top representatives of Serbian state were found guilty of charges ranging form crimes against humanity, violation of the laws or customs of war, deportation and forcible transfer in the words of John Sweeney orchestrating a joint criminal enterprise of murder, torture and deportation.
Thirdly, you seem too concerned with the preservation of the status quo. This rigid interpretation of international law is better suited to a cold war setting rather than a world where emphases on global human rights regime are prevalent. A ruling in favour of Kosovo might even re-insurrect the predominance of self determination on the international arena. We might have another decolonisation period where we have a sanctioned normative shift towards the rights of the oppressed. Now that would be a better world.
Any ruling but a positive ruling for Kosovo's UDI would be a loss for Kosovo. IF the ICJ comes up with an ambiguous ruling, the status quo will be. Lawyers are lawyers and they will argue at the ICJ equally ardently for both sides. While I'm sure the US will send its best lawyers to argue the Kosovo Albanian side, Serbian American lawyers whom are equally good, as well as other American scholars whom are pro-Serbia will be there to help formulate the Serb argument. Thus, status quo and few or no more recognitions.
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to."
(Alban, 27 February 2009 17:02)
i wrote all along that altho i was opposed to how the ICJ was being used (abused)politically (by jeremic and co.) i was never particularly worried about the outcome. the ICJ would never come out against independence, but in the end it will probably be mushy-pushy.
at any rate, it is impossible to generalize (esp.ly legally) about these matters; each situation is unique.
i am somewhat pleased with the hague rulings, as far as they went...
We will of course use this as an argument because it is a significant argument where heads of the serbian state were punished for the crimes they ordered to be done against kosovar albanians. Milutinovic was not punished ecause
The serb government in fact lately is looking in ways to take out their request for the ICJ since they based on reality, they will rule in favor of Kosova's Independence.
More egg on face of Jeremic and Serb gov't. The ICJ will laugh Serbia's case out of Court. Serbia is attempting the impossible by trying to stop the unstoppable.
Legally speaking the professor is right that the verdict can not be used ALONE to prove that Kosovo’s declaration of independence was justified.
However, the verdict, if combined with the argument that there was one decade of disenfranchisement and oppression makes for an extremely powerful argument, one that might win the case for Kosovo.
On that basis, one could argue that RE 1244 was a mistake because it was based on the assumption that Serbia and Kosovo can coexist. This assumption was wrong and this verdict helps prove how wrong it was.
At the same time I am sure, Serbia will argue that the head of the state, Milan Milutinović was found innocent from all charges. Nevermind him being significant or not, but there is some luck, too:
- There is no guilty verdict against Milosevic (tough we know, he is guilty like hell). Same applies to Haradinaj, Ceku, Thaci. Officially - as bizarre as it is - Milosevic, Haradinaj, Ceku, Thaci are all innocent like a newborn baby. So is O.J. Simpson in the double-murder case.
- The highest-ranking official of former YU is cleared from all charges. It means: "The State is innocent, but it had some villains in the service"
- There is already a verdict, there wasn't any ethnicide in Kosovo.
There will be many attempts to sway the judges and I am afraid, the ICJ verdict will be as cloudy as possible, opening way to further interpretations.
If ICJ deceides that a few thousand deads is enough to let a region become a state then we can welcome Kurdistan and Tibet and Darfur as independent states the very same day.
Yes, that's the reality. Kosovo is a precedent.
Everyone who does not think so is seriously fooling himself or herself!
Hey guys, how about this.
The internal mishmash is not a sufficient reason for state division but when:
a- this is carried out by the state army whose top brass is wholy found guilty by another International Court and condemned of 15 years and more of prison and
b- this situation comes to an end only with the intervention of the world democracies, the first post-WW2 intervention.
Conclusion: the right of auto-determination o the peoples is possible only when this becomes an international specific case.
The whole problem with the ICJ case, and this is why it was so opposed by so many countries, is that it has the potential to open up an enormous can of worms for the international community.
Many people assume that a ruling in Serbia's favour would be bad for the US and the EU. In fact, a clear ruling in Kosovo's favour would actually be worse as it would open up the possibility of creating a path for many other separatist groups and entities to follow in future.
In this context, the ICTY ruling is indeed important for the Kosovo Albanians, but perhaps not in the positove way that many assume.
While the Kosovo Albanians might want to use war crimes as a justification for secession, I think that their closest supporters will be dreading a defence of UDI constructed around this idea - for the same reason I outlined above. If the ICJ accepts that atrocities form an integral part of the justification for UDI, then it will play even better to secessionist movements around the world. Just think of the Tamils in Sri Lanka, the Kurds in Turkey, the South Ossetians and Abkhazians, etc. who can also claim legitimately that they suffered repression. (And what of the Kosovo Serbs?) Indeed, if past suffering is accepted by the ICJ as a basis for self-determination, it will completely upend international politics.
For this reason, while many Kosovo Albanians might be pleased that this rulling will strengthen their case, many people in other capitals in the EU and elsewhere will actually be even more nervous this morning about the ICJ ruling. While they might like to say that Kosovo had to become independent as the events of the 1990s made cohabitation impossible, they certainly don't want this principle set in stone in an ICJ ruling.
So this is the reason why no Albanian war criminals, including "ex" terrorists like Thaci, are not being arrested and tried. Let's show the world only one side of the story in which only the Serbs are guilty. This way we can influence and manipulate the courts, and world opinion, for more recognitions. The way they are approaching it, and what they are creating is not just or real. And everyone knows that what is not just is sin, and that what is not real is fake. And that which is fake WILL NOT, yes, NOT and NEVER stand the test of time. Please brothers and sisters, just look at all of the death, destruction, and suffering in the world at the helm of these misguided and "blind" Western leaders, who are so lacking in Spirit.
SO,SO,SO Destructive for humanity.
Read it again Ataman:
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to.
Any ruling but a positive ruling for Kosovo's UDI would be a loss for Kosovo. IF the ICJ comes up with an ambiguous ruling, the status quo will be. Lawyers are lawyers and they will argue at the ICJ equally ardently for both sides. While I'm sure the US will send its best lawyers to argue the Kosovo Albanian side, Serbian American lawyers whom are equally good, as well as other American scholars whom are pro-Serbia will be there to help formulate the Serb argument. Thus, status quo and few or no more recognitions.
Jim,
It will be incorrect to assume that specifically because Kosova, Europe of US/ world democracies are torn in choosing between state sovereignty and self determination.
Firstly that dilemma doesn’t exist for liberal democracies. There are distinctively totalitarian/oppressive regimes like ex Yugoslavia, that struggle with legitimate representation while oppressing and denying basic human rights to huge sections of their own population, (your other examples apply).
The answer might be a straight no for your Russians and Indonesians friends, but when it comes to deciding between territorial integrity rights of an oppressive state and self determination rights of persecuted people, I don’t think that liberal democracies will have any doubts.
Secondly, there numerous multiethnic counties that have had experiences of interethnic violence and would naturally incline towards a NO, India, Iraq come to mind.
In no way is their inclination indicative of the merits of the Serbian claim. The recent Hague rulings are a testimony to a huge qualitative difference. Despite Ataman’s feeble attempt to make this look better, top representatives of Serbian state were found guilty of charges ranging form crimes against humanity, violation of the laws or customs of war, deportation and forcible transfer in the words of John Sweeney orchestrating a joint criminal enterprise of murder, torture and deportation.
Thirdly, you seem too concerned with the preservation of the status quo. This rigid interpretation of international law is better suited to a cold war setting rather than a world where emphases on global human rights regime are prevalent. A ruling in favour of Kosovo might even re-insurrect the predominance of self determination on the international arena. We might have another decolonisation period where we have a sanctioned normative shift towards the rights of the oppressed. Now that would be a better world.
They are two issues: Territorial integrity and self-determination. Both are in Int law and are equally important. You can have self-determination in autonomy but after what happened, can Serbia be trusted again by Albanians? What happened in the 10 years since 1999? Did any Serbs official apologize, try to right the wrong? NOPE. All these matter to the ICJ. Plus coupled with the policy since 1912, Serbia is in trouble with ICJ.
None of the accused were found guilty because they themselves killed and raped but because they were a part of a criminal enterprise. And this enterprise had Milosevic as the head and Milutinovic as only a figure head. The judge mentioned that so I don't get how this "professor" in Amsterdam comes to the conclusion that if there is a criminal enterprise to change the demographics of a country is not to be taken into account in the independence ruling.
Those bakings from Haague I understand as the FINAL COUNDOWN with the end quite predictable. I wonder why Amir Kusturica does not shoot a film about the Tribunal. We do know enough for such a scenarium.
Next thing I believe in is that the day the Tribunal rests in peace will become a national holiday in Serbia.
Besides some of the judges can be prosecuted by Serbia and searched through Interpol. It will mean that those people won't go to greater part of the world where Russian influence is bigger than that of the US and EU.
"the Trial Chamber found that there was a broad campaign of violence directed against the Kosovo Albanian civilian population during the course of NATO air-strikes in FRY that began on 24 March 1999. This campaign was conducted by army and Interior Ministry police forces (MUP) under the control of FRY and Serbian authorities, who were responsible for mass expulsions of Kosovo Albanian civilians from their homes, as well as incidents of killing, sexual assault, and the intentional destruction of mosques. "
Authorities = STATE. Milutinovic was essentially declared a figurehead that no one listened to."
(Alban, 27 February 2009 17:02)
i wrote all along that altho i was opposed to how the ICJ was being used (abused)politically (by jeremic and co.) i was never particularly worried about the outcome. the ICJ would never come out against independence, but in the end it will probably be mushy-pushy.
at any rate, it is impossible to generalize (esp.ly legally) about these matters; each situation is unique.
i am somewhat pleased with the hague rulings, as far as they went...
We will of course use this as an argument because it is a significant argument where heads of the serbian state were punished for the crimes they ordered to be done against kosovar albanians. Milutinovic was not punished ecause
The serb government in fact lately is looking in ways to take out their request for the ICJ since they based on reality, they will rule in favor of Kosova's Independence.
I agree that the legality alone is not enough to warrant independence, but a decade of political vacuum, coupled with little to no attempts by Serbs, Albanian, or the international community to find any common ground may be reason to make some argument for self determination. War crimes, regardless of when or where, are the most destructive to the legitimate sovereignty of a state. In this regard, an argument could be raised that the concepts of citizenship were revoked for a group of people. But even if this is the argument used, and if ethnic conflict is the strategy to play to defend Kosovo's sovereignty, it immediately undermines the reason for Bosnia's existence too, as Serbs can claim they are living in a state they don't want and never asked for.
More egg on face of Jeremic and Serb gov't. The ICJ will laugh Serbia's case out of Court. Serbia is attempting the impossible by trying to stop the unstoppable.
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