North American Bosniaks are disappointed by the decision of ICTY to acquit the former head of the State Security Service of Serbia and his assistant Frank Simatovic-Frenki
This judgment humiliates the victims of aggression and genocide in Bosnia and Herzegovina, and it is an insult to peace, truth and justice. It is illogical that the heads of units responsible for the planned proven criminal actions had no knowledge of these systematic plans. ICTY is also sending a mixed message by sentencing six other Croatian leaders in the judgment which proved Croatian aggression on Bosnia and Herzegovina. They seem to be consciously balancing the responsibility among the aggressors for their crimes against Bosnia and Herzegovina. Truth, justice, and reconciliation should not be based the balance of the crime of aggression and genocide, but only the truth about the crime, and justice for the victims of these crimes.
Francis Boyle: Hague seeks to absolve Serbia
Francis Boyle, professor of international law at the University of Illinois, a former agent of Bosnia and Herzegovina before the International Court of Justice and a member of the International Expert Team of the Institute for Research of Genocide, Canada:
“Exit strategy of the ICTY to Serbia fully released from liability for crimes committed during the wars began in Bosnia and Croatia, and is thus integrated into the European Union and NATO. They are trying to convince us that none of the senior officials in the Serbia is not responsible for the crimes committed in Bosnia and Herzegovina and Croatia. clear their intention to nastroje integrate Serbia into the EU and NATO, which is also evident in the acquittal by the Tribunal issued a judgment in case of Bosnia and Herzegovina v. Serbia and Montenegro ” When it comes to the verdict against four former leaders of the so-called. Herceg-Bosna, Boyle recalled his earlier criticism of the Vance-Owen Plan, which gave the green light to the former President of Croatia, Franjo Tudjman for the campaign of ethnic cleansing in Bosnia. ”I have repeatedly asked the Presidency to sue Croatia for aggression before the International Court of Justice to stop the aggression conducted by the Croatian HVO and under the leadership of General Tihomir Blaskic”.
Professor dr. Marko Hoare, Dr. Marko Attila Hoare is a Reader at the Faculty of Arts and Social Sciences, Kingston University (London) AND Member of the International Expert Team of the Institute for Research of Genocide, Canada
“The Stanisic-Simatovic acquittals are astonishing. I always thought indicting Perisic was a bit off-the-cuff, but I really thought the prosecutors knew what they were doing with those two. In 2001 when I was working at the ICTY, I remember my colleague Nena Tromp, who specialised on the SDB, identifying them as promising targets. How did they mess things up so badly ? Before reading the judgement, I can only reiterate the point I’ve made before: that the ICTY only ever indicted six suspects from Serbia-Montenegro/FRY for war crimes in Bosnia. So the prosecution was pinning its chances of holding anyone from official Belgrade accountable for war crimes in Bosnia on a very small number of individuals. As it is, Arkan was killed, Sloba died, three have been acquitted, and we’re only left with Seselj, who wasn’t really an official of state anyway. I already lost my faith in, and respect for, the Tribunal back in 2005, when it failed to indict most of the principal organisers from Belgrade of the war and genocide. But I didn’t think the prosecution would fail so badly to hit even the narrow range of targets it set itself.
I’ve had a preliminary look at the judgement, and I think it’s not outside the bounds of the possible that it could be successfully appealed. One of the judges (Picard) dissented quite strongly, while another (Gwaunza) is a Zimbabwean judge who accepted a bribe from Mugable’s government, and whose presence at the ICTY was considered inappropriate by the International Bar Association’s Human Rights Institute. So the Appeals Chamber might give a different verdict (NB one of the judges in Tolimir’s panel, Nyambe, was an outright genocide-denier and Mladic/VRS-apologist, but was luckily outvoted). The judgement doesn’t repudiate the existence of the JCE; it merely said that Simatovic’s and Stanisic’s actions might not have been committed with the intent to commit crimes, but with other actions in mind such as the intent to establish and maintain Serb control over territory. This appears to me to be a contradiction: if the JCE existed (which is not disputed) then it’s difficult to see how the activities of two such high-ranking individuals as Stanisic and Simatovic – whose close involvement in organising the Serb conquests is not disputed – could not have been an integral part of it. The judges are effectively saying that yes, the JCE existed; yes, Stanisic and Simatovic were key high-ranking collaborators of its (other) members; but no, their intent may not have been criminal. The Appeals Chamber’s verdict over Perisic was merely conservative, but this verdict stretches ‘beyond reasonable doubt’ to the point of illogicality”.
Jovica Stanišić and Franko Simatović acquitted of all charges
More: http://www.icty.org/sid/11329