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A team of British lawyers is to take the case to the court in Strasbourg in October, representing four families who lost members in the bombing raid and one survivor. 16 employees of RTS were murdered during the attack.
The lawyers will claim that the right to life and freedom of expression guaranteed by the European Convention of Human Rights was breached by the bombing raid and claim that NATO had alternative courses of action open, other than the use of force. It is hoped that NATO will be forced to pay compensation to the victims’ families and that future courses of action in Europe will be limited by the court’s ruling.
NATO lawyers will challenge the claim, stating that the court has no jurisdiction over the case because Yugoslavia was not a signatory to the Convention at the time of the incident and that therefore the law was not broken. In so claiming, they are admitting that in fact, if not technically, the raid was illegal.
The USA and Canada are not covered by the case because they are not European States.
Meanwhile, NATO’s own court has suffered a setback as Carla del Ponte flies into a barrage of opposition in Belgrade, her customary arrogance melting away into a sullen silence as she sends her deputies in to do the talking for her.
This stern and antisocial figure refused to speak to journalists as she arrived in Belgrade for the second time, hoping for the political scalp of Serbian President Milan Milutinovic. This time, however, Zoran Djindjic, facing investigations for allegations of criminal association, was more resolute and stated that Milutinovic was covered by immunity since he was a serving politician and that there would be no hand-over.
“There can be no discussion. The Hague statute applies to us because we are members of the UN but there are certain limitations. International legislation cannot override domestic in those cases,” said Djindjic.
Del Ponte’s spokesperson, Florence Hartmann, was unaware of this and declared that NATO should try Milutinovic for war crimes and crimes against humanity for incidents which took place during the illegal invasion of Kosovo. Hartmann said “There is no immunity before the international tribunal and it does not protect him”.
It seems to have been forgotten that when ex-President Slobodan Milosevic was kidnapped and taken to The Hague, Serbian and Yugoslav law did not count for much with Djindjic. This time round, however, the Serbian Prime Minister and his entourage is not so spineless.
Regarding the hand-over of Milutinovic,Yugoslav Justice Minister Savo Markovic declared “One, we will insist that the accused be tried in our courts according to our laws. Two, that the jurisdiction of The Hague Tribunal be limited and finally, that military and senior officials of the Kosovo Liberation Army be charged with war crimes dating from the time the international administration took over in Kosovo until today”.
Why certain individuals in Belgrade did not act so in the case of Slobodan Milosevic is easy to see – too many people had too much to gain from his removal.
Timothy BANCROFT-HINCHEY
PRAVDA.Ru
LISBON PORTUGAL
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