"By planned and well-thought-out combat operations, create an unbearable situation of total insecurity with no hope of further survival or life for the inhabitants of Srebrenica and Zepa." Such were the instructions of President Radovan Karadzic in March 1995. The "purifying" intention of the directive, later known by the code name of Krivaja 95, is in no doubt. Yet it leaves open the issue of the intention to commit genocide. Legal experts at the International Criminal Tribunal for the former Yugoslavia have been scrutinizing the gap between genocide and ethnic cleansing in an attempt to legally establish the existence of genocide in Srebrenica.
With hindsight, the Krivaja 95 directive could be read more as a description of what had been happening since 1992 than as a new objective. In 1995, the siege of Srebrenica had already lasted two-and-a-half years. The population was starving and lacked everything for basic survival (see p. 3). As early as 1990, Karadzic, as president of the Serb democratic party SDS, said in an interview with the Belgrade daily Nin: "We are now openly saying what could not even be whispered before: the Serbs in Bosnia and Herzegovina are pinning all their hopes on their mother country, Serbia, and will never allow a state border to separate them from Serbia." Srebrenica was one of the areas in eastern Bosnia with a predominantly Muslim population, and this stood directly in the way of an undivided Serbia for Serbs.
In 1992, the goal of "ethnic cleansing" of the Srebrenica, Zepa and Gorazde enclaves was set out in another directive, signed by Ratko Mladic, the head of the Bosnian Serb army. In 1993 he was ready to attack, but several obstacles emerged. General Philippe Morillon declared Srebrenica a "safe haven" under UN protection. On 8 April, the International Court of Justice in The Hague ordered The Federal Republic of Yugoslavia "to take all measures within its power to prevent the commission of the crime of genocide". Then Slobodan Milosevic himself, as several witnesses later attested before the ICTY, warned Mladic at the end of 1993 that an attack on Srebrenica would result in a bloodbath. Milosevic persuaded Mladic to hold back. But in 1995, encouraged by the Krivaja 95 directive, Mladic ordered the attack. He deported the Muslim population, separated men from women with the docile assistance of the Dutch UN battalion, and ultimately killed at least 7,000 Muslim men.
Was there a plan?
When Srebrenica fell, the ICTY had been up and running for two years. Today, the court has convicted six people (see inset) for crimes committed in the town, of which only two - General Radislav Krstic in 2001 and Colonel Vidoje Blagojevic in 2005 - were for complicity in genocide. Two other defendants, Momir Nikolic and Dragan Obrenovic, pleaded guilty and were exempted from genocide charges. Even though the Srebrenica massacre has been legally qualified as genocide by both the ICTY and its appeals court, many questions remain unanswered. Was there a plan to kill the men of Srebrenica? Was Krivaja 95 the expression of such a plan or was the mass execution a spur-of-the-moment decision? Had the Serbs been expecting the UN to evacuate the Muslims and thus complete the "ethnic cleansing" policy for them? Or was Srebrenica really the endgame in a genocidal plan that had been developed over many years?
The ICTY, which has made serious, but not always conclusive attempts to distinguish genocide from ethnic cleansing, finally brought the two notions closer when it found that acts of ethnic cleansing could constitute genocide. In its first genocide conviction, won on 1 August 2002 against General Radislav Krstic, the court decided that to satisfy the definition of genocide in the UN genocide convention, described as "the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such", it was enough to target a substantial part of that group. More important than the numerical size of the part is the whether it is essential for the survival of the whole group. Thus, to kill a sizeable part of the male Muslim population in Srebrenica "would inevitably result in the physical disappearance of the Bosnian Muslim population of Srebrenica" the Krstic ruling concluded. In the same way, eliminating all the leaders of a group was equivalent to depriving it of essential elements for the group's survival, said the judges in the Milomir Stakic judgement of 31 July 2003. By accepting this approach founded on the "substantial part" of a group, the ICTY discovered that genocide could be committed on a relatively small scale.
Was there intent?
Also, when the numbers do not speak for themselves - as they did in Rwanda - the emphasis lies on another more delicate question: was there a specific intent to destroy the group in whole or in part? In the absence of genocidal statements or publications, intent may still be inferred from the factual circumstances of the crime, concluded the Krstic judgement. Krstic, the commander of the Drina corps who stood by Mladic's side as they entered the enclave, is a particularly interesting case because he was not known as a hands-on officer. He was present when Mladic gave the Srebrenica Muslims the choice to either "survive or disappear", making it clear to them that the Muslims could only survive by leaving the town. But there was no way of telling exactly what Krstic knew before he went to Srebrenica.
In the Krstic case, the Appeals Chamber endorsed the court's findings that the killing had been engineered and supervised by main staff of the Bosnian Serb Army but were not attributed to a particular official. However, the appeal judges ruled that the evidence only allowed the conclusion that Krstic had knowledge of other leaders' intentions, and not that he shared the genocidal plan. Krstic could not therefore be found guilty of genocide as a main perpetrator, but only complicit by virtue of the fact that he aided and abetted the genocide against the Srebrenica Muslims. The same line of reasoning was applied this year when the Trial Chamber convicted Vidoje Blagojevic, commander of the Bratunac Brigade, for aiding and abetting the genocide at Srebrenica. Srebrenica cases before the ICTY
6 convicted
• The first defendant, Dragan Erdemovic, pleaded guilty in 1998, after admitting killing at least 70 Muslims. He was sentenced to 5 years in prison.
• Dragan Obrenovic, chief of staff of the Zvornik Brigade, and Momir Nikolic, assistant commander for security and intelligence of the Bratunac Brigade, both pleaded guilty to crimes against humanity in May 2003. Obrenovic was sentenced to 17 years on 10 December 2003. Nikolic's appeal against his 27-year sentence, handed down on 2 December 2003, is pending.
• Radislav Krstic, commander of the Drina Corps in July 1995, was found guilty of genocide and sentenced to 46 years. On 19 April 2004, the Appeals Chamber held Krstic responsible for aiding and abetting genocide and reduced his sentence to 35 years.
• Vidoje Blagojevic, a colonel in charge of the Bratunac Brigade that remained in the Srebrenica area until at least 17 July 1995, was convicted on 17 January 2005 of aiding and abetting genocide. He was sentenced to 18 years. His co-accused, Dragan Jokic, chief of engineering of the Zvornik Brigade, was convicted of crimes against humanity and given 9 years. Both have appealed their convictions.
1 in process
Slobodan Milosevic, the former president of Yugoslavia, is currently on trial for a number of crimes, including the genocide in Srebrenica.
9 pending
The ICTY prosecutor is proposing to form a "mega trial" of eight suspects accused of committing crimes in Srebrenica.
Seven of them are already in The Hague, following the wave of voluntary surrenders of former Serb officers earlier this year. All are high-ranking officials from the Bosnian Serb army and police.
A separate trial is planned for the ninth pending defendant, Momcilo Perisic, chief of staff of the Yugoslav army. Perisic is suspected of having assisted most of the defendants who face charges for Srebenica.
3 wanted
Three defendants are still on the run: former Bosnian Serb president Radovan Karadzic, General Ratko Mladic, responsible for the attack on Srebrenica, and Zdravko Tomilir, former chief of the Bosnian Serb army.
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Defining Guilt (Mens Rea), War Crimes & Crimes Against Humanity in the Bosnia &Kosovo
Defining Guilt (Mens Rea), War Crimes & Crimes Against Humanity in the Bosnia &Kosovo
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Jill Starr , bloomingdale: Jul 3 2009
United States :
Defining Guilt (Mens Rea), War Crimes & Crimes Against Humanity in the Bosnia &Kosovo
I don’t know about the Washington Post, or otherwise news media in America, but, I am really into investigating the role of CIA ‘disinformation,’ American and Western European news media lies during the 1999 Kosovo crisis, Bosnian War (1990s) and in Pakistan (2009) today.
When examining the American media stream emanating daily from Pakistan presently, it is way too reminiscent of the types of refugee streaming we saw emanating out from Kosovo in 1999.
Owing to my own eye witnessing testimony in specific Kosovo border areas in (2002) briefly, and, from speaking with Albanaian children and others then directly, I genuinely wonder if it wasn’t Serb/Alabanian warring/ethnic cleansing primarily causing the large refugee streams we all saw leaving Kosovo in the Western news media in at that time in (1999), but the NATO bombing instead(?)
After all, 90% of the population in Kosovo is said, Albanian. So it also squares we would see mostly only Albanians steaming out from Kosovo in 1999 in the news then.
It also squares the American Western media and Clinton Administration then would seize on that opportunity, using that media moment for swaying public opinion to lecture American and others the exact US position of exactly who the ‘good guys’ and ‘bad guys’ in the Bosnia and Kosovo War were.
The Serbs were heavily demonised as “bad guys” compared to the other ethnic groups then.
Only recently has the Hague and international community admitted, and, legally acted against military members of the KLA and Croatia.
What do you think (?)
I am both shocked and greatly saddened, bringing tears to my eyes when I view the same type of refugee streams today in the nightly news emanating from out of the SWAT Valley in Pakistan from the American bombing offensives against the Taliban.
I seriously wonder IF it is the American military offensives in Pakistan, or the Taliban, or a combination of both forces causing the great humanitarian crisis in Pakistan now (?)
It is an important point of comparison for me this refugee stream when I consider (Kosovo , Bosnia and Pakistan today).
I am fully convinced the majority of international citizens whether living in Bosnia, Kosovo, Albania, Serbia or Croatia or Montenegro, unless they were militarily and diplomatically present during these specific military offensives, I think most average people believe a bunch of untrue Western media bullshit frankly.
My entire fact finding investigation makes me seriously question findings associated with the so called Srebenica massacre and/or others in Bosnia and Kosovo.
I was not present myself in Bosnia during the early to mid-1990s, however, the closer I get, and, the more I witness with my own eyes and ears about the Hague, US ambassador Richard Holbrook, those two offensives, the total dsiintregation of the former Yugoslavia and also various people being accused of ‘war crimes’ and associated accusations (in all three ethnic groups in the former Yugoslavia), I increasingly believe daily the major war crime that has occurred in the Balkans is, the USA and Clinton administration.
The United States of America has knowingly plotted, planned and instigated ethnic hate against and between all three ethnic groups (Muslim, orthodox Christian and Roman Catholic) in the former Yugoslavia and those Western countries including my own, America, knowingly instigating and causing the horrific acts emanating later during the Bosnian war in and of itself are ALL far more guilty of standing trial for responsibility of war crimes deriving therefrom (!)
Richard Holbrook and the entire Clinton administration officials’, specifically are GUILTY of committing war crimes and crimes against humanity owing to the USA instigating the wars in general, and, for the specific reason of the USA personally and nationally financially profiting from the former Yugoslavia falling apart and disintegration/ wars.
In the case in the Balkans (for reasons that the USA caused the terrible things eventually emanated from the very wars they created in Bosnia and Kosovo), purely owing to the USA wanting to nationally privatize and financially profit off the Balkan Wars, the Clinton Administration in specific IS MORE GUILTY OF WAR CRIMES THEN ANYONE RICHARD HOLBROOK ACCUSES OF BEING GUILTY TODAY IN MY ESTIMATION AT TE HAGUE.
Jilly
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Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case
http://picasaweb.google.com/lpcyusa/
(The Documentary Secret United Nations ICC Meeting Papers Scanned Images)
This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not.
Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others.
I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding.
Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.”
((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked!
The idea was "let's discuss it." "It's a great topic to discuss."
Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate toic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.))))))))))))))))))))))))))))
In particular., since "Spain" was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, "Spain" must have already known by previous experience the topic of bribery was "socially acceptable" for conversation that day. They must have previously spoke about bribing the ICTY and
ICC before in meetings; this is my take an international sociological honor student. SPAIN's diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!
SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN
"INTERNATIONAL CRIMINAL COURT."
I remind everyone, when I attended those ICC Preparatory Meetings in 2001, witnessing first hand the country plenipotentiary representatives present with me discussing so openly, trading judicial funding of a new international criminal court, for its direct judicial appointments and judicial verdicts, those same state powers were
concurrently,
those same countries and people were already simultaneously, funding the already established ICTY which was issuing at that time, arrest warrants for Bosnian Serbs under false primary diplomatic pretenses.
The ICTY and ICC is just where it should be for once. Cornered and backed into and an international wall, scared like a corned animal (and I bet it reacts in the same way a rabid cornered animal does too in such circumstances). (ICTY associates)
http://sites.google.com/site/jillstarrsite/irrefutable-proof-icty-is-cor...
(Documents: Hague war crimes tribunal for the former Yugoslavia (ICTY) has destroyed all material evidence about the monsterous KLA Albanian/KLA organ trade in Kosovo).
I believe strongly that ICYU assocaites murdered former Serb President, Slobodan Milosevic, tried to murder me, as well and other Serbs prisoners and presently places , Doctor Radovan Karadzic’s life in direct danger as well as Ratko Mladic’s life
in danger should he be brought there.
The ICTY has no other choice than to halt all further court proceedings against, Doctor Radovan Karadzic, and others there both serving sentences and awaiting trials. Miss JIll Louise Starr (The UN Security Council has no choice but to act on this now).
I accuse the Hague ICTY war crimes tribunal of attempted assassination on my life and others, contempt of court and obstruction of international justice and "international witness tampering" in complicity with Richard Holbrook and Bill Clinton (Former US President of the USA) as well as political players in Spain and the Netherlands .
I represented the state interests' of the Former Yugoslavia, in Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf.
==================================================
What It’s Like to Chill Out With Whom the World Considers the Most Ruthless Men in the World Ratko Mladic, Radovan Karadzic and Goran Hadzic (+) Confessions of a Female War Crimes Investigator
Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about.
http://sites.google.com/site/jillstarrsite/what-it-s-like-to-chill-out-w...
(Read My Entire Book Here For Free Now).
http://picasaweb.google.com/lpcyusa
(Jill Starr's Entire American Expose Including the Secret Scanned Photo Documentary Evidence I Obtained From the CLOSED UN ICC Preparatory Meetings (2001)
http://lpcyu.instablogs.com/feed
(Jill Starr On Instablogs)
http://shops.half.ebay.com/raretofindreads
(Now Everyone Can Purchase My Rare Books)
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