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The Hague Tribunal and the crimes on Kosmet - Orwellian fantasy of powerful people
January 25, 1999



Milutin Milenkovic

Chief Prosecutor of the International Criminal Court of the territory of former Yugoslavia, Louise Arbour wanted to visit Kosovo and Metohia just one of these days, in order to start the investigation of war crimes and genocide in this part of Serbia. Yugoslav Federal Government approved her entry visa but didn't agree with the planned investigative actions of this court in the south Serbian province. On that occasion the president of the court Gabrielle Kirk Macdonald (USA) and prosecutor Arbour (Canada) sent their angry statements and reports to the international institutions, claiming that Federal Republic of Yugoslavia is resigning the system of international relations and becoming, no more no less, "an outlaw country".

Again an incorrect, constructed and for propagandic uses necessary claim was launched into high spheres of world decisions in order to prolong the campaign for a direct occupying of an important part of south-east Europe by NATO forces. Since the so-called humanitarian catastrophe of Albanian population on Kosmet can no longer be spoken of, an illusion about The Hague Tribunal competence for acting on the territory of "the outlaw country" is becoming active.

According to the relevant Security Council resolutions (number 808 and 1043) from 1993 and 1994, through which this UN organ for the first and, judging by everything, last time expanded its authority to the sphere of organizing the supranational judiciary without competent international procedures and conventions - The Hague Tribunal is really authorized for certain crimes on the whole territory of former Yugoslavia, and even in Serbia and Montenegro.

However, this territorial authority has a time-limit - it regards explicitly the crimes committed during the war, military conflicts. And those conflicts are legally restricted by the existence of opposed military formations. In order to be called an army, those formations must have a unique structure, supreme command, central representative government etc. The concept of war does not include riots, terroristic actions of individuals or groups, local rebel gangs and so on. Police units and forces for keeping the internal law and order should deal with them and not the regular army. That is why those aren't war conflicts, in the sense of military law, nor it could be spoken of war crimes.

Beside this basic aspect, also significant is the fact that local regular courts are acting efficiently enough both on Kosovo and Metohia as well as in entire Yugoslavia. The Hague Tribunal can get from them or offer them all relevant investigative or court trial material, for the sake of mutual information and cooperation, which is, anyway, the international practice in the mutual struggle against crime.

Instrumentalized in the political discrimination of Yugoslavia, The Hague Tribunal, through its present joining the Kosmet drama, reveals to those who didn't yet understand why the outside helpers of so-called Kosovo Liberation Army (KLA) persistently refused to admit its terroristic character and insisted that it is still "an army of rebelled and for a reason discontent people". Beside that they found themselves in a crevice: obviously the terroristic acts of KLA, which are becoming stronger after the Milosevic - Holbruck agreement, are no longer possible to be denied neither regarding the number nor character. However, they are imputed to individual, undisciplined and poorly directed groups. And Richard Holbruck stated clearly and publicly that his insight in the situation speaks that the center of KLA is unknown, who listens to whom, if there is a supreme command and who represents it.

State Department found a Solomonic explanation for such a illogicalness. Already on July 9th this year James Rubin stated a definition which tries to transform the absurd into tolerable ambiguity: "We condemn every act with a terroristic character, but KLA as a loosely connected group is not considered a terroristic organization but "a rebel group using force as a reaction to depriving Kosovo Albanians of their autonomy."

What is left of a loud claim that the terroristic acts mustn't be tolerated nowhere and on no political pretext?

Even if the question of competence of The Hague Tribunal is subjected to the maximally flexible interpretation, although it offended the Serbs in unseen ways with deaths of innocent people, the question and doubt remains: is the word "cooperation" in new Orwellian fantasy language transforming into a concept of obedience? And could we finally call those crimes and criminals terroristic, disregarding the circumstances that they are serving the world power aspiring the global domination?





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