It will be hard to prove genocide, expert says

International law professor Tibor Varadi says that it will not to easy for Serbia and Croatia to prove allegations from mutual genocide lawsuits.

Izvor: Politika

Saturday, 02.03.2013.

12:53

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BELGRADE International law professor Tibor Varadi says that it will not to easy for Serbia and Croatia to prove allegations from mutual genocide lawsuits. He says that neither Serbia nor Croatia’s positions are better after recent acquittals in the Hague Tribunal. It will be hard to prove genocide, expert says “After the acquittal of the Serbian and Croat generals in the Hague Tribunal, neither Serbia nor Croatia are in a better position to prove what they claim in their genocide lawsuits before the International Court of Justice,” Varadi told daily Politika. “Serbia can hardly confirm the counter-lawsuit because the decisions on General Ante Gotovina and Croatia its suit because of (General Momcilo) Perisic,” he stressed. Varadi reiterated that both Serbia and Croatia had filed charges for genocide and that neither Perisic not Gotovina had been charged or convicted of genocide. He believes that it would be even harder to prove genocide bearing in mind that Gotovina and Perisic were acquitted of war crimes. When asked what significance would Perisic’s acquittal have, Varadi said that it “creates an atmosphere in which it would be harder to continue the case before the International Court of Justice”. He also believes that the verdict “quite clearly separated the roles of the Yugoslav Army and the Republic of Srpska Army units and units of the Republic of Srpska Krajina units”. Commenting on the fact that both Gotovina and Perisic were originally sentenced to many years in prison, Varadi said that “the court’s inconsistency exists” and that it was hard to dispute it. “Legal stances and opinions in the Hague Tribunal are not stabilized but formed,” he said, adding that it was “hard to imagine that someone gets 27 years in prison and is later released based on the same facts”. When asked if this was an indication of a political influence on the court, he said that political reasons were possible. The Hague Tribunal acquitted former Chief of the General Staff of the Yugoslav Army General Momcilo Perisic of all charges for crimes in Bosnia-Herzegovina and Croatia on Thursday. Tibor Varadi (file) Politika

It will be hard to prove genocide, expert says

“After the acquittal of the Serbian and Croat generals in the Hague Tribunal, neither Serbia nor Croatia are in a better position to prove what they claim in their genocide lawsuits before the International Court of Justice,” Varadi told daily Politika.

“Serbia can hardly confirm the counter-lawsuit because the decisions on General Ante Gotovina and Croatia its suit because of (General Momčilo) Perišić,” he stressed.

Varadi reiterated that both Serbia and Croatia had filed charges for genocide and that neither Perišić not Gotovina had been charged or convicted of genocide.

He believes that it would be even harder to prove genocide bearing in mind that Gotovina and Perišić were acquitted of war crimes.

When asked what significance would Perišić’s acquittal have, Varadi said that it “creates an atmosphere in which it would be harder to continue the case before the International Court of Justice”.

He also believes that the verdict “quite clearly separated the roles of the Yugoslav Army and the Republic of Srpska Army units and units of the Republic of Srpska Krajina units”.

Commenting on the fact that both Gotovina and Perišić were originally sentenced to many years in prison, Varadi said that “the court’s inconsistency exists” and that it was hard to dispute it.

“Legal stances and opinions in the Hague Tribunal are not stabilized but formed,” he said, adding that it was “hard to imagine that someone gets 27 years in prison and is later released based on the same facts”.

When asked if this was an indication of a political influence on the court, he said that political reasons were possible.

The Hague Tribunal acquitted former Chief of the General Staff of the Yugoslav Army General Momčilo Perišić of all charges for crimes in Bosnia-Herzegovina and Croatia on Thursday.

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