One international terrorist is shot dead, while the other is taken to court. Why is Ratko Mladic treated differently from Osama bin Laden?

By Geert-Jan Knoops

In the past month, two men who have been on the international Most Wanted list for years have been hunted down. Both are allegedly responsible for committing international crimes – and yet they end up in the hands of justice via completely different routes.

Osama bin Laden was eliminated by the US Navy Seals, under the guise of international justice. Ratko Mladic, meanwhile, was arrested last week under the orders of the International Tribunal for the former Yugoslavia (ICTY). In 1995, this tribunal already issued two warrants against the former Bosnian Serb general for 15 different international crimes.

Unequal treatment

How does one explain the difference in treatment towards these two men? The answer to this question can not be found in international law, which stipulates that all people should be treated equally. Yet Bin Laden got a sea burial, while Mladic will most likely face a lengthy and solid legal process at the ICTY. Is this indeed a matter of international justice?

One reason to doubt this is the timing of Mladic’s arrest. In June, the ICTY is to issue an important report about Serbia’s cooperation with this UN tribunal. The tribunal has frequently criticised Serbia, accusing the country of being unwilling to arrest Mladic.

Now that Mladic is arrested, Serbia has removed an important stumbling block on its road towards joining the European Union. EU membership is very important for Serbia, which is struggling financially. This could be the reason why Serbia in October last year promised a reward of between EUR 1 million and EUR 10 million for tips which could lead to Mladic’s arrest.

Political motives

If Mladic’s arrest solely has to do with international justice, then this fugitive of 15 years would most likely have been caught much earlier by the international community. The fact that he has only been arrested now shows that his capture is mainly based on political and economic motives.

These motives are also the reason why Mladic was arrested by the book and will then appear as such before the ICTY, whereas Bin Laden was executed. The US had nothing to gain from a drawn out legal process against Bin Laden, and thus had him killed under the guise of the War on Terror.

Many countries, on the other hand, do benefit from a thorough legal process against Mladic, such as those states who are sponsors of the ICTY. With the cases against Karadzic and Mladic, the ICTY has for the time being secured its further existence, which was almost coming to an end.

The US is one of the main sponsors of the tribunal, and it is expected that Mladic’s arrest is cheered on by America. Nevertheless, within its own legal system and its War on Terror, the US most likely has a different interpretation of how to eliminate terrorists. I have pointed this out in my recent book Blufpoker.

Honest process

We can expect a lengthy process against Mladic. But will it be an honest process? Since his arrest many politicians, including Dutch Prime Minister Mark Rutte, have expressed their delight.

“This shows that one cannot get away with such atrocities. Ultimately, people are pursued and apprehended, and justice will prevail,” Rutte said last week.

The law says that a person is innocent until proven guilty. The same politicians who have stipulated through international treaties that a criminal process must not be influenced by external factors have all stood in line to condemn Mladic’s supposed crimes.

Already convicted

Mladic has already been convicted in the eyes of the world. While his legal process will most likely be carried out with the utmost care, the judgement against him has already been made.

Once more, this shows how international politics selectively makes use of international justice. It often has nothing to do with an honest and genuine legal system, but it increasingly appears to be like a Roman arena, where ultimately the political ruler – the emperor – decides between life and death.