Subject: Re: Participation of the Federal Republic of Yugoslavia to the Intersessional meeting of the preparatory Commission for an International Criminal Court
From: dragan milovanovic (d-milovanovic@neiu.edu)
Date: Fri Feb 18 2000 - 21:31:09 CST
February 18, 2000
Alfredo Nunzi
Director
ISISC
Mr. Nunzi: Thank you very much for your prompt reply to my question. It is
much appreciated in the spirit of constructive dialogue. I would like to
just take a few minutes of your busy schedule. At the outset, your
initiatives for the development of an International Criminal Court
certainly are admirable and assuredly demand much attention during these
times of international strife, tension, aggression, and violence.
It is unfortunate, however, that exclusionary procedure is being used to
deny various voices in the process. I do understand that in your view you
were following the mandate by the United Nations, specifically by the UN
Secretariat. Surely, however, if history has taught us anything it is that
the exclusion of voices, especially those often directly implicted in the
proceedings, is the crucible for spiraling ressentment, hostility, and
eventual violence. Peacemaking is, too, assuredly the way we want to go --
I'm sure you would agree. I only know too well my own personal experience
of being a combat infantryman in the Vietnam War on the US side, and also
my first-hand experiences on a fact-finding mission in Nicaragua shortly
after their War and subsequently learning about the trained, funded, and
directed "contra" forces (the so-called "secret war") of the United States.
These have left strong memories about the strong need we do have for
international peacemaking, mediation/resolution tribunals.
Off course, I also understand your point #3 of your email to me of
2/16/2000, that "the meeting [to which Dr. Ignjatovic Ignjatovic was first
invited and then 3 days before the meeting was denied a voice] was devoted
to the discussion of the part of the ICC Stature dealing with elements of
crimes. The issue of violence in specific regions was not intended for the
discussion of this very meeting."
I'm sure that Professor Bassiouni's (President, International Human Rights
Law Institute) initial invitation to Professor Dr. Djordje Ignjatovic,
Vice-President of the Federal Republic of Yugoslavia Committee for
Compiling Data on Crimes Against Humanity and International Law, was in
recognition for the possibility of engagement in dialogue and to the
inclusion of diverse voices in the Preparatory Commission's deliberations
from January 31 to February 5, 2000. It would seem, once again, that
critical to any truly representative body to be legitimately
institutionalized, is that a full voicing of all parties involved would be
more productive in the long run. Surely, future strife could be minimized
with the integration of a full spectrum of voices of international
communities.
The violence in the Balkans was, and is, a very unfortunate chapter in
history. Surely your work, your institution's work, and the various
committees looking into the establishment of an International Criminal
Court should look at all aspects, and all involved under international law
concerning genocide, war crimes and crimes against humanity. Lasting peace
in the area and other conflicted areas of the globe certainly underlies the
mission of the ICC.
However, and as you surely know, in the name of moving toward a "lasting
peace," excesses, historically speaking, have been ubiquitous and often of
monumental proportions. I only cite the recent study by an independent
group, Human Rights Watch (see "Civilian Deaths in the NATO Air Campaign,"
website: http://www.hrw.org/reports/2000/nato/), which has often critically
examined all sides to the conflict. Its report indicated: illigitimate
attacks on non-military targets (Radio and Television Stations and the
Heating Plant in Belgrade as well as several bridges); the extensive use of
cluster bombs; insufficient precautions taken to not injure or kill
civilians; attacks that seemed more directed at being "part of a
psychological warfare strategy of harassment undertaken without regard to
the greater risk to the civilian population" (p. 8); the "almost
...complete lack of any public accountability by any of the national NATO
members for missions undertaken in the NATO alliance's name" (p. 8); the
misinforming by high US officials of the facts and subsequent recantations,
etc. The report concluded: "The investigation did conclude that NATO
violated international humanitarian law" (p.2). And the Human Rights Watch
did recommend: "establish an independent and impartial commission,
competent to receive confidential information, that would investigate
violations of international humanitarian law and the extent of these
violations..." (p. 8).
As you well know, Mr. Nunzi, an independant charge was brought by a group
of Canadian and Western European lawyers as well as members of the
Association of Jurists to the Hague War Crimes Tribunal charging NATO and
its leaders for committing war crimes during the Balkan war (see
http://jurist.law.pitt.edu/icty.htm). Last August, the UN chief prosecutor
Louise Arbour requested an internal study, which was completed and reviewed
by the successor Carla Del Ponte, who downplayed the significance of the
report, claiming that more important charges of genocide was before her
(see Chicago Tribune, 12/30/99, p. 24). There have also been some more
recent reports about a US pilot who bombed a civilian train crossing a
bridge indicating that the airforce deliberatly sped up the film to try and
show the limited time available for the pilot in making a decision to bomb.
I say all this to you Mr. Nunzi, not so much as it is something you do not
already know, but to underscore the range of violence that took place and
is still taking place in the Balkans (and elsewhere in the globe).
Certainly, NATO and its leaders must take responsibility for actions
against international humanitarian law. We are all interested in justice,
in peace, in peaceful co-exitance, in developing forums and institutions
that will be peacemaking, that will mediate/resolve disputes in amicable
ways without zero-sum consequences. As President Clinton recently said in a
sober moment, in an exceptional display of wisdom, "the costliest peace is
far cheaper than the cheapest war." I urge you to remain open to diverse
voices in your deliberations. Lasting peace, history has proven, can not
occur when military might is unilaterally inflicted or when concerned
voices are denied.
Sincerely,
Dragan Milovanovic, Ph.D.
At 09:43 AM 2/16/00 +0100, you wrote:
>Professor Milovanovic,
>
>you have recently addressed a message to Prof. Bassiouni with which you
>requested explanations regarding a meeting recently held in Siracusa. Prof.
>Bassiouni has asked me to reply to your message.
>
>1. Your statement that Prof. Bassiouni invited Prof. Ignjatovic to the
>above meeting is incorrect. Invitations to the meeting were sent to all
>Member States of the United Nations through their Permanent Missions. Due
>to an administrative oversight, an invitation was also sent to the
>Permanent Mission of the Federal Republic of Yugoslavia.
>
>2. The meeting held in Siracusa was organized on the basis of a decision
>taken by the Preparatory Commission for an International Criminal Court, a
>subsidiary body of the United Nations General Assembly governed by UN rules
>and procedures. When the Institute realized the administrative oversight,
>it took the necessary action with respect to the Federal Repuiblic of
>Yugoslavia, in consultation with the UN Secretariat.
>
>3. The meeting was devoted to the discussion of the part of the ICC Statute
>dealing with elements of crimes. The issue of violence in specific regions
>was not intended for the discussion of this very meeting.
>
>4. The above information has been provided in a spirit of collaboraion, as
>the Institute has already officially replied to queries raised by its only
>official counterpart, the Ministry of Foreign Affairs of the Federal
>Republic of Yugoslavia.
>There has also been an exchange of communications with Prof. Ignjatovic.
>Attached please copy of a message I recently sent him.
>
>I am sure that the above clarifies this issue once and for all and thank
>you for your attention.
>
>Alfredo Nunzi
>Director
>ISISC
>Attachment Converted: "c:\eudora\attach\ignjatovic.doc"
>
Professor Cherif Bassiouni
President, International Human Rights Law Institute
DePaul University College of Law
Chicago, Illinois
Professor Bassiouni:
I am inquiring as a concerned person and professor of criminal/social
justice about the treatment of your invited guest to a recent conference in
Siracusa, Italy. Professor Dr. Djordje Ignjatovic, Vice President of the
Federal Republic of Yugoslavia Committee for Compiling Data on Crimes
Against Humanity and International Law, was invited by you, the President
of the International Human Rights Law Institute, to the Preparatory
Conference on the International Criminal Court in Siracusa, Italy from
January 31 to February 6, 2000 on the topic of "crimes in the jurisdiction
of the International Criminal Court." Subsequently, Alfredo Nunzi, the
Director of the International Institute of Higher Studies in Criminal
Science in Siracusa sent him a formal invitation to attend. But three days
before the Conference he informed Professor Dr. Ignjatovic that he could
not attend because Yugoslavia was the subject of the relevant resolutions
of the General Assembly and the Security Council of the UN. He, Alfredo
Nunzi, also mentioned that the invitation was sent through "an
administrative oversight."
Please explain to the International Scholars of Critical Criminology on
this "list-serve" these actions, particularly insomuch as the "mission" of
your organization "is dedicated to safeguarding fundamental rights through
international law. By enhancing public and professional awareness of
international human rights law, the Institutie endeavors to stregthen human
rights, democracy and the rule of law," and insomuch as the international
community would like to know the complete picture about the violence in the
Balkans, and insomuch as your conference had the opportunity to engage
Professor Dr. Djordje Ignjatovic in dialogue to arrive at a better
understanding of a more complete picture about the violence in the Balkans.
I, respectively, along with my numerous international colleages on the
"list-serve", await your response.
Sincerely,
Dragan Milovanovic, Ph.D
Dragan Milovanovic, Ph.D
Professor
Editor, International Journal
for the Semiotics of Law
Department of Criminal Justice,
Sociology and Social Work
Northeastern Illinois University
5500 N. St. Louis Ave
Chicago, Illinois. USA 60625
Work phone: (773)794-2629
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