They are judged not to be judged. Go to the arrest of General Mladic

They are judged not to be judged.  Go to the arrest of General Mladic

The arrest of the former head of the Head of Staff of the Army of Republika Srpska, General Ratko Mladic and his extradition to the preparation of the Hague — the next step is carried out before our eyes "cleansing Stories" …

The process of destruction of socialist Yugoslavia was barbaric and bloody. On why it happened, who is the head writer disaster Yugoslav peoples, then Volumes have been written research and mountains of journalistic materials, and in the early 90's were the only emotions raw data of the victims of wars between nations and illusions about the ability to build a just world. Seemed fully justified the idea of creation of a framework that will guide the investigation of war crimes during the breakup of Yugoslavia and the division. The final decision about the necessity of creation of international court has matured on the results of the commission of professionals to analyze disk imaging on breaches of the Geneva Conventions and other international humanitarian law during armed conflicts on the territory of the former Yugoslavia, made by the UN Security Council in October 1992.

Already in May 1993, pursuant to UN Security Council Resolutions 808 and 827 number was created International court, designed to investigate crimes in the period from January 1, 1991 and before the date that the Security Council will determine "the restoration of peace." Thanks to this very vague wording for many years "after the restoration of peace," the Court works. The date for his work constantly postponed. Thus, according to UN Resolutions number 1503, 1534, 1880, he had to complete the review of all cases in the first instance at first until the end of 2004, then to 2008, and later by the end of 2009.

December 16, 2009 in UN Security Council Resolution number 1900 has been fixed "the intention to extend until 30 June 2010, the dates of all the possibilities of constant arbitrators Internationally the court, and the period features of the Appeals Chamber of the arbitrators to December 31, 2012 — or until they are assigned cases if it will happen sooner. " Another extension of the activities of this institution has outraged Russia, which December 22, 2010 abstained from voting on Security Council Resolution number 1966. This time was supposed to organize the International Residual Mechanism, which will have to start at the end of court, the ICTY July 1, 2013, and complete the work before December 31, 2014. Voted for the document 14 of the 15 members of the Security Council.

As said at the unchanging Representative of Russia to the UN, Vitaly Churkin, the courts (ICTY and the International Court of Rwanda) deliberately delaying their activities. In addition, "there are not as many questions about the objectivity and these ships. But the support of the West Russian position as before does not find. " Yet our homeland comes from the fact that this "resolution last on the period of the Tribunals, and they will be absolutely minimized by the end of 2014» (I).

But in this time frame is hard to believe. President of the ICTY Patrick Robinson once said that the case of the former favorite of the Bosnian Serbs, Radovan Karadzic, who was detained under very weird circumstances in 2008 — will end before the end of 2012, and a possible appeal will be considered until February 2014. But, taking into account the fact that the processes going on for several years, the timing of the case Karadzic may be offset obviously not in the direction of reduction. These safe to confirm the words of the Press Secretary of the Hague Court Nermy Jelacic: "The date of the Court concerning the case only Karadzic and" do not apply to Ratko Mladic and Goran Hadzic »(II). The same was said more than once, and the ICTY chief prosecutor Serge Brammertz.

And it must be the same, what luck! In just a few days before the scheduled performance on June 6, Brammertz report on the activities of the Court to the UN Security Council, which could be a final decision on the coagulation of the body, the arbitrators were added processing (and pay) for another couple of years.

During the November (2010) visit to Belgrade ICTY prosecutor held talks "eye to eye" with Serbian President Boris Tadic, Prime Minister Mirko Cvetkovic and President of the National Council for Cooperation with the Hague Tribunal Rasim Ljajic, who assured the Hague prosecutor in his own full cooperation with the Court . "Our country is rich quest remain at large Ratko Mladic and Goran Hadzic, is working on successful completion of cooperation with the tribunal in The Hague" — then said Tadic. A more detailed discussion of the efforts made by Belgrade to capture key persons sought by the Court, at the head prosecutor of ICTY held at the headquarters of the state security service in the presence of the first management of all concerned agencies, including military reconnaissance, as with the Military Prosecutor Vladimir Vukcevic Serbian atrocities.

The content of the negotiations remained closed to the press, but the results of the "intensive search", as they say, is obvious. Mladic's arrest on May 26 in the village of Lazarevo, which is 70 km from Belgrade, French President Nicolas Sarkozy praised as "strong Tadic's decision." Of course, that without the "go-ahead" Serbian President detention "the most wanted war criminal" is hardly would come out. The search for Mladic's really been strengthened after the visit Brammertz. On a scale configurations and methods of "hunting" for Mladic repeatedly said Serbian Interior Minister Ivica Dacic. In particular, he emphasized that the search for Mladic and Hadzic, who were previously the exclusive domain of the Serbian State Security, Ministry of Internal Affairs was involved intensively, "which implies a more extensive control and surveillance of persons suspected of supporting the persecuted Serbian heroes» (III), also increased rapidly and investigative activities.

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According to the Serbian police in the early afternoon on May 26 reinforced squad of police came to the village of Lazarevo, where about 2-thousand people and where the earlier search activities were not carried out, for a focused search. "The police immediately went to the four houses belonging to relatives of Mladic. In one of them … and the police found the general, which, regardless of early hour, was already awake. General whisper your name referred to the police and handed over two pistols that are kept for himself at the moment of detention. In this village he stayed for nearly 2-years »(IV). Later, responding to reporters' questions as to why he did not use a tool, Mladic said, "I do not want to kill the boys who have come to take me."

Playing "catch Ratko" with the announcement of its ICTY in June 1995, the military offender has been internationalized. Mladic's not just blame the sins of the military during the 1992-1995 war. on the territory of modern Bosnia and Herzegovina, and the use of his figure as a condition for Serbia's entry into the European Union. EU Commissioner for Enlargement Olli Rehn has repeatedly stated that "the Serbian question" "will be solved only depending on what kind of evaluation will be contained in the report of the head prosecutor ICTY»(V).

Tenacity with which today's leaders of Serbia want the European Union itself i
s striking enough, for the most — disappointing. This supranational organization to take specific role in the planning and conduct of operations at first for the destruction of Yugoslavia, later Serbia as an integral of a sovereign country, that is a desirable goal, which connects the future truncated, humiliated, deprived of its own historical artifacts (in particular the participation of the European Union) Serbia! I'm not talking about the true state of the European Union in the socio-economic terms, so unenviable that at least some sober-minded politician would be unlikely to bind the fate of their own country with a similar organization. Even more so when you put up the conditions for offending the dignity, when a proposal to open a "new page" stories that derive from the issuance of the court's own inexplicable citizen.

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Ratko Mladic was one of the central figures of the war in Bosnia. About him know far beyond the Balkans. The newspaper «Daily Telegraph» included it in the list of 30 recognizable modern generals, noting that those officers who negotiated with him, consider him a genius strategy (VI). Opponents feared him, and the Serbs idolized for his honesty, high professionalism, bravery, courage, devotion to the motherland. For the public consciousness Serbs value Mladic almost won, despite the NATO bombing, the war in the Muslim-Croat Federation of Bosnia and Herzegovina, and gromadno.Otsyuda special attention to his figure by NATO and the EU.

Therefore it is not the case, Serbian President Boris Tadic at a specially convened on the occasion of the arrest of Mladic told a news conference: "Thus, we have finished the difficult period of our history and removed the burden from the shoulders of our people. Now revealed brand new page, and we will work on the process of reconciliation in the region, "and" complete investigation will raise the level of international confidence in Serbia. " The rhetorical figure of the "burdens of the people" — a de facto recognition of Tadic collective guilt of Serbs in that war, a war of national liberation in the war for their own state, in a war for the right to live on earth Protz.

Apparently, that absolutely positioned Brussels to Serbia, Tadic stressed that the "investigation is underway in respect of people who helped him (Mladic — EP) to hide from justice … All those who helped Mladic, will stand trial» (VII). I do not know whether these efforts will assess the EU (Mladic's arrest was timed to the days of his visit to Belgrade, EU High Representative for foreign affairs and security policy Catherine Ashton), but the fact that Mladic's arrest — not the last condition of joining the EU — just saying. Subsequent decoy — Goran Hadzic, then follow the recognition of Kosovo and Vojvodina in the referendum, and much more.

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For today's (pro-Western) Serbian control important principle, that the upcoming report of S. Brammertz UN Security Council has promoted Belgrade to get the status of candidate for EU membership. As you know, the most concrete adversary convergence with the EU is Serbia Holland, explaining his position only because of Ratko Mladic and Goran Hadzic, hitherto not on the dock.

I tell about the reason that "bury" Mladic is so very eager specifically Dutch? It is not enough to whom it is clear that numerous victims in Srebrenica in the most concrete way related to irresponsible (fearful, provocative — call it what you wish) the behavior of Dutch peacekeepers in the zone of responsibility of which came this Muslim enclave in 1995. When Srebrenica in response to the numerous murders of Serbs from the armed forces under the control of Naser Oric, by the way, acquitted by the Court, surrounded by troops of Ratko Mladic, the Dutch military not only did nothing to prevent conflict, protect civilians, but quickly left the enclave . In other words, your own shame Netherlands for more than half the 10-ka years trying to "write off" on Mladic and his armiyu.Chto still regard Oric, the accused in the executions of Serbs in the Srebrenica area in the period 1992-1993 and in the winding up of more than 10 Single Serb villages, he received a two-year bullpen and was released in the courtroom after the verdict read out (he score? term of remand).

I do not in any way going to justify violence. Force of law should be in the fact that the offender, if the fault is confirmed, he was punished. Mladic incident forces us to think about global matters, about the symbolism of what is happening, which is on all the characteristics fit into the organized humiliation of the 1st people — the Serbs, one country — Serbia. The main accused in the course of all processes of the ICTY were particularly Serbs and insisting on the capture of Mladic and Hadzic, the Tribunal has, I believe, wants to put a fat "anti-Serb" point to their own activities.

For 18 years, the ICTY had 144 trials, most of which, to be exact — 94 (or 66% of all cases) — against the Serbs. 33 process was carried out against the Croats, eight — against Kosovo Albanians, seven — against Bosnian Muslims and two — against the Macedonians. Of the 19 who died during the investigation were 16 Serbs, some of them died under very weird circumstances, including the ex-Yugoslav President Slobodan Milosevic, whose guilt has not been confirmed. In addition, of the 27 heads of state prisoners, commanders, prime ministers, deputy prime ministers and defense ministers and parliamentary speakers Serbs again in the vast majority — 19. Totality of the timing particularly impressive — a total difficulties Serbs sentenced to 904 years bullpen, Croats, — 171 year, Muslims — 39 years, Kosovo's Albanians (with might and main trading as justified Dick Marty of human organs) — only 19, Macedonians — 12 years (VIII).

More impressive individual terms. For example, to 40 years in prison sentenced Goran Jelisic, the guard camp for prisoners of Muslims and Croats, near the town of Brcko in Bosnia and past mayor of Prijedor Bosnian Milomir Stakic. General of the Army of Republika Srpska Radislav Krstic was sentenced to 46 years bullpen, though he later reduced the term to 10 years. To 30 years and the brothers got Lukic According to the definition of crimes against Bosnian Muslims in Visegrad, a town located just 10 km from the framework of Sarajevo, near the Serbian border.

The imposition of sentences so formidable Serbs, of course, gives rise to questions. In 1-x, the adequacy of the sentence is actually equivalent indefinite detention, wine members of the military conflict in the Balkans. In-2, the equality of all participants blame the massacre. A traditional example of "double standards" of the Hague Court is the case of Ramush Haradinayya, the 1st of the commanders of "Kosovo Liberation Army", who became famous with his fighters special brutality against Kosovo Serbs and citizens of other non-Albanian ethnic groups. In spite of the serious crimes committed by him, he was relieved of responsibility "for the shortcoming of evidence." "In fact, the confirmation of these disappeared along with eyewitnesses, including from members of the Kosovo Police Service, to get rid of that Haradinaj and his accomplices began in 1999» (IX). In general, with regard to statistics released by the Albanians committed atrocities in Kosovo, it is amazing. The most odious Albanian militants, which account for hundreds of victims — Fatmir Limaj, Isak Musliu, Idriz Balaj and Ramush Haradinaj — were acquitted.

The procedure itself is the creation of the ICTY (the Court has a mandate to the UN Security Council, while the traditional international courts are established on the basis of international treaty) not only creates a lot of questions and a fair criticism, and reveals the essence intrigued by this body. As noted by one of the recognized professionals on this issue Mezyaev Alexander, "the cre
ation of a legal authority by signing the international treaty provides for the interests of all its members, and in the country, whose interests in the agreement have not been taken into account, the provisions of the contract do not apply. While the UN Security Council resolution based on the will of only a few countries. The fact that the creators of the Court deliberately intended to exclude a general role in the decision also evident from the fact that the issue has not been tabled in the UN General Assembly — a body that represents all member states »(X).

Indeed, the UN Security Council does not have the capacity to create international judicial bodies, as no article of the UN Charter, including Chapter Article VII, contain no reference to the right of the Security Council to create international courts, and any courts. In other words, in accordance with the accepted principle of law: "No one can give to another is more right than he has," the UN Security Council, not being a judicial authority and not having legal capacity, has no right to grant these competencies other universities.

In addition, the United Nations under the Charter (Article 2, paragraph 7), can not intrude into the exclusive competence of the countries. While Security Council Resolution number 827 was a violation of the principle of sovereignty and created a body which designed to try individuals — the people of the Member States of the UN. To top it all UNSC violated the provision of Article 14 international Covenant on civilians and Political Rights (1966), confirm the right of every person to be tried by a tribunal made on the basis of the law. On the basis of UN Security Council resolutions, all citizens of the former Yugoslavia have been deprived of this right. So Makar, the creation of the ICTY by the UN Security Council has violated the basic principles and norms of international law, and hence, any decision made by the body that illegally have no legal force of mandatory.

In fairness we present arguments defenders of the Court. One of the most common — the allegation that the Security Council had the right to establish international courts on the basis of Article 29 of the UN Charter, which provides for the possibility Security "establish such subsidiary organs as it would find necessary to carry out their own functions." But this argument impotence. The fact that the tribunal can not in principle be a subsidiary body with a political institution, and quite naturally, that the establishment of the judicial authority in Article 29 is not provided.

What still concerns the argument that the ICTY no legal justification of its creation was the legitimate authority, as was recognized by all countries, including the countries of the former Yugoslavia, and he does not hold water. In 1-x, the legality of the creation of the ICTY far not recognized by all countries. For example, India, Mexico, the Federal Republic of Yugoslavia (until the collapse of its own) and a number of other countries to this day continue to claim their protests about the legal validity of the creation and activities of the ICTY. In-2, taciturn recognition illegal act does not make it legitimate (XI).

So why was created by the Court? According to the views of the overwhelming majority of scientists, "the Tribunal produces a purely political purpose — to confirm the guilt of only the 1st of the people in all the wars of the last Balkan crisis, and therefore justify the anger against Yugoslavia in 1999, to give legitimacy to its actions. The long-lasting activity of the Court does have an inadequate representation of the world community about the participants of the Balkan conflict and the events taking place. The court was created to rewrite the history of the collapse of Yugoslavia, to change the nature of military clashes, shifting the responsibility for all the crimes that occurred in the Balkans since the early 1990s, one people — the Serbs (my emphasis — EP). That is why it is so great figure convicted Serbs »(XII).

We now have a mass of evidence of bias dependence and the court, arbitrator bias, investigators and prosecutors. Bias manifests itself in court procedure, as in the work of the accused, witnesses, research professionals. In the middle of receptions court officials — verbovanie dummy witnesses, introducing evidence of "second-hand", the limited ability of professionals (you can not use the recordings) and the protection of witnesses (if you do not like your performance — on the run across the answers "yes" or "no"), the protection of false readings , help eyewitnesses charges occurrence in written testimony that the witnesses did not read as, maintaining the names of eyewitnesses secret, even against their will, so that it was impossible to prepare for the defense and interrogation of witnesses by the work of fabrication of evidence and nearly everything else (XIII). About outrageous incompetence, the lack of professionalism of the desired effect of the Court's carefully written in his own acclaimed book last ICTY Prosecutor Carla Del Ponte (XIV).

In the middle of major violations in the ICTY experts called the denial of the right to defense in person, forcibly destination lawyers, holding court inabsentia, breach of the principle of presumption of innocence, the violation of the principle of equality of arms, the violation of the principle of legal certainty, namely on the question of the purpose of punishment, a violation of the principle of prohibition for retroactive application of the law, the violation of the principle of the independence and impartiality of the court. In addition, Court manipulates statistics, uses unverified and inaccurate statistical and demographic structure, urging them to advance under the desired result …

Why all this before?

In 1-x, the Court has become the playground of the historical humiliation constituent people of Yugoslavia — Serbs seeking to preserve their national core on the ruins of the country, which they did in throughout the twentieth century. In-2, the ICTY does the most important for the West to "preventive" function: the Court, focusing all the attention of the world community on the sins of the Balkan peoples, and the first Serb took avenging sword of Themis from those who gave unprecedented since the second world war humanitarian catastrophe in the south of Europe in 1999. They are judged not to be judged! Here are just some facts.

During the anger lasted 78 days, NATO aircraft struck 2300 missile and bomb strikes on targets in 995 areas of Serbia and Montenegro, using all this illegal ammunition types of radioactive impurities priemuschestvenno depleted uranium (U-238), and cluster bombs. On Yugoslavia was dropped in the general difficulty of 23 thousand bombs and missiles, weighing, according to some sources, more than 25 thousand tons (XV), on the other — 79 tons (XVI), including 152 container with cluster bombs.

The bombing of oil refineries and petrochemical plants have led to the loss of dark acid rain. Petroleum, petroleum products and toxic substances hit the water system of Yugoslavia and other Balkan states. During the bombing of Yugoslavia area killed about 2 million civilian inhabitants, 7 thousand were injured, with 30% of them — kids (XVII). The final amount of damage that was done the factory, transport and civilian objects FRY, hitherto not named. According to various estimates, it measures the amount of 50 to 200 billion. bucks. Were destroyed or severely damaged about 200 industrial companies, oil depots, power plants, infrastructure facilities, including 82 railway bridges and cars, damaged eight power stations, railway stations, seven, six airports, a lot of roads, incapacitated or destroyed 20 teletranslyatorov and relays, a huge number of TV and radio stations. Destroyed about 90 monuments of history and architecture, two thousand school buildings, 35 faculties, more than 20 hospitals.
More than 40 thousand houses were destroyed or damaged. Two million of the 8 million people in the country have been deprived of the main means of living.

And that's not all! Bombing, was applied as in the moment with the bombing of Libya, "in order to protect the civilian population," caused an avalanche of refugees from Kosovo. In 1998, during the armed clashes between the rebels and the Yugoslav People's Army, the edge of the area left 170 thousand people, priemuschestvenno ladies and kids, then the beginning of the NATO aggression, according to the UN High Commissioner for Refugees, 790 thousand Albanians, 100 thousand Serbs and Roma, Adygeys, Muslim refugees. According to the most optimistic estimates, the anger provoked NATO movement inside the FRY over 1 million people (XVIII).

So who should judge?

And another — very appropriate — a fact. Throughout Holy Week in 1999, and especially in the day of Easter in the Orthodox calendar, British and South American warplanes continued to storm the Serbs. At some bombs that were dropped by British pilots were painted written: "Happy Easter!" Even the most concrete supporters of the Court should be clear why it was created, and whose interests are protected.

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I will tell another assumption. The ongoing "humanitarian intervention" in Libya NATO nations in dire need of information cover-up. It is necessary to divert public attention from the devastation as a result of bombing civilian infrastructure and facilities, killing of peaceful inhabitants, including children. It is necessary to judge another, so as not to be tried. Not only the arrest of Mladic, and the haste with which it was decided to extradite him to The Hague, despite the obvious health prepyadstviya 69-year-old general, indirectly related to the "Libyan factor." The reaction of the NATO Secretary General, Anders Fogh Rasmussen, who is one of the first to welcome arrest Mladic. And the official London referred to this event as "historic."

Belgrade in a hurry (or a hurry) to remove Mladic to The Hague. May 27, already for the next day after the arrest, Belgrade Tribunal allowed the deportation of Ratko Mladic. AFP referring to the lawyer arrested — Milos Shalicha — said that "Mladic's health condition does not prevent his extradition to The Hague, it is transportable." While protecting Mladic wants to appeal, arguing that the general is not able to participate in the work of the court due to the disgusting state of health (XIX). If Mladic is all the same will be transferred to the ICTY, then, the views of lawyers, practical sessions in his case may begin no earlier than 18 months (XX).

All haste explained sharply negative reaction as a significant part of the population in Serbia and in the Republic of Srpska. The news of the arrest of Mladic has already triggered mass protests followers of former general in several Serbian cities — Novi Sad, Kraljevo, Zrenjanin, Arandjelovac, Cacak. In Belgrade, the rally under the slogan "Mladic — hero" tried to gather a few hundred people, but the police prevented the holding of shares. 10's people were detained. The protesters called Mladic's arrest "shameful" and urged supporters of the former military leader to protest against the "occupation of Serbia Washington and Brussels» (XXI). According to a poll conducted by the newspaper Viesti, in support of it are the 75% of the population of Serbia (XXII).

The wave of protests over the detention of Ratko Mladic has reached Russia. For the first time in the history of relations between the two countries on the night of May 27, the Embassy of Serbia were flying bottles with dark paint. First counselor of the embassy Boris Sekuvich only said: "I can only confirm that it was» (XXIII).

In Republika Srpska, the main rally in support of Mladic is scheduled for Tuesday, May 31, in the capital of the RS town of Banja Luka, and on Sunday, May 30, is meant to hold a protest in the town of Republika Srpska Kalinovik.Organizatsii veterans condemned the arrest of Mladic and called for a fund to help all citizens of the RS , accused the ICTY. Most of the RS politicians have also condemned the arrest Mladic. At the same time, the authorities of the Republic of Srpska, said that Mladic's arrest perceive as the fulfillment of international obligations in the framework of the Dayton peace agreement in 1995, and expressed hope for a fair trial. According to the president of RS, Milorad Dodik, Republika Srpska authorities had not acted and will act in defense of those who made war crimes, regardless of nationality or religious affiliation (XXIV).

Russian Federation Ministry of Foreign Affairs of the Russian Federation authorized the words of human rights, democracy and the rule of law Konstantin Dolgov also expressed the hope that "the trial of the former Bosnian Serb favorite Ratko Mladic will be fair and will not lead to a tightening of internationality Tribunal for the former Yugoslavia» (XXV). Although surprising hope for justice and fairness organization that for 18 years with a constant vsepostoyanstvom showed just the opposite. It is possible, however, that can appear quite unexpected events that do not allow the Tribunal to make an unfair decision. God's ways are inscrutable. In the meantime, judicial machine spun at full speed. Mladic has not yet transferred to The Hague, and the ICTY has already announced three arbitrators, who will conduct his business.

The presiding arbitrator appointed by the court later Christoph Flügge from Germany. In addition to his court entered three Alphonse Scream (Netherlands) and Bakone Moloto (South Africa). The judges immediately took the decision to allow the ICTY Prosecutor's Office within 7 days to amend the indictment against Mladic. Very soon we will see "justice" in action — try not to be tried.

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