-Caveat Lector-

>From http://www.iwpr.net/

ICTY's Kosovo Investigation: Suspicions of Manipulation

Tribunal Update 122: Last Week in The Hague (19-24 April, 1999)

The enthusiasm with which the Western governments started co-operating with
the Tribunal's Kosovo investigation has given rise to suspicions of
manipulation of the court for political ends.

Discontented voices within the legal profession are becoming concerned that
the Tribunal is being "used for war propaganda".

Recently the Canadian daily, "The Globe and Mail," took up the thread and
asked "is war crime prosecutor Louise Arbour becoming a pawn of NATO"

The Chief Prosecutor, Louise Arbour, however, sees no reason to worry about
this, and does not believe the Tribunal's work has been compromised by
accepting offers of co-operation. "There are circumstances in which justice
and politics interests coincide," she said last week. Arbour further denied
the suggestions that she was given the green light by the Western
governments to indict Yugoslav President Slobodan Milosevic. The question is
not whether we are free [to indict Milosevic] but whether we will now be
better equipped by those who may hold information in moving forward in this
investigation."

The critical matter for the Office of the Prosecutor (OTP), concluded
Arbour, "is not to be given a political mandate [which already exists in the
form of Security Council Resolution 827 and Statute of the Tribunal]but to
be provided with the information that would allow us to move."

The "coinciding interests" have, therefore, brought us to the point of what
Tribunal Deputy Prosecutor Graham Blewitt last week described as
"unprecedented levels of cooperation." Firstly, the German Defence Minister
Rudolf Scharping in Bonn on April 19, handed Arbour a series of aerial
photographs taken by drone reconnaissance aircraft, which show both the
destruction of villages in Kosovo and refugees being stripped of identity
papers and belongings by Yugoslav troops.

The following day in London, Arbour received promises from the British
Foreign Minister, Robin Cook, that she would soon be given a huge dossier of
intelligence material on more than 50 separate incidents over the past
month. "We have authorised the handover of British intelligence material to
the War Crimes Tribunal. It is a rare step to release intelligence material
[but] we will go on collating intelligence on further incidents as the
horror unfolds and we will pass it to the Tribunal in what will be one of
the largest releases of intelligence material ever authorised by the
British," Cook said during a briefing in the British Ministry of Defence.

It was Arbour's presence at that war-briefing that started the manipulation
rumours. Arbour used the occasion to state that since the Tribunal's
resources were limited, international co-operation was essential: "We have
no access to judicially authorised electronic surveillance methods. We have
no Tribunal-based wire tapping capacity. We have extremely limited
opportunities to invite suspects to be questioned."

On the following Thursday (April 22), Arbour spoke on the same matter with
the Dutch Defence Minister. That same day, the French government promised
its full co-operation. This included the gathering of eyewitnesses,
providing security for investigators, protecting refugees, transmitting
information of military nature, including that gathered on the chains of
command.

The French Foreign Ministry said in a statement that it was distributing
questionnaires sent by Arbour's office to French authorities dealing with
refugees coming in from Kosovo. It said France was also helping to finance
efforts by non-governmental organisations to collect accounts and eyewitness
testimony from ethnic Albanians in refugee camps in regions bordering the
southern Yugoslav province.

Arbour called recent developments "extremely encouraging", and at a press
conference at the Tribunal added: "We have been steadily building our
co-operation with a number of countries, and their decisions to increase our
access to sensitive information takes us another important step forward. It
should also send a signal to leaders and commanders on the ground who are
implicated in the commission of war crimes that they will be brought to
justice".

'The world has also heard many of the stories told by refugees and the full
picture is only beginning to emerge,' Arbour said on that occasion. "The
Tribunal's investigators are now assembling a body of direct witness
testimonies. Refugee accounts are critical, but they are not enough on their
own. The victims didn't see the command structures or the people giving the
orders at the highest levels. We therefore need the sophisticated kind of
assistance that only states can provide."

"Sophisticated kind of assistance" undoubtedly refers to intelligence-based
information that has been out of reach of the Prosecutor for a long time.
Two years ago, Arbour told Tribunal Update that she doubted that such
information would ever be made available to the Tribunal. She then said:
"There is no doubt that there might be extremely valuable information
contained in the intelligence archives of many countries. But it would be
extremely surprising if that information surfaced in international trial,
when so little ever surfaces in domestic trials in any country. The
difficulty of access to this kind of information, first of all is obtaining
an acknowledgement that it exists."

The war crimes committed in Kosovo before the eyes of the world have
obviously created an environment in which the interests of justice and
politics coincide. As Arbour said last week, her job now is to "ensure that
we have appropriate safeguards in place for handling sensitive information
and to agree on the best way of turning the information into evidence that
can be used in a criminal court, particularly so that we can determine the
command structures of military and police forces, and prove the
responsibility of military and political leaders for any war crimes that are
being committed."

Asked when would she issue her first Kosovo indictment, Arbour replied: "I
can't put it in days or weeks or months, but I'm certainly not thinking in
terms of years."

© Institute of War & Peace Reporting

~~~~~~~~~~~~

In The Wrong Place

This is not a good time to be Albanian in Belgrade. Beatings are followed by
the question: "Why don't you go to Albania?" Many have fled.

By Gordana Igric in the Rakovica refugee camp, near Sarajevo
(Published on May 1, 1999)

J.R. was born 28 years ago in Belgrade. He worked for 11 years as an
auto-mechanic in a big industrial plant in Rakovica, the working-class
quarter of Belgrade. His is also Albanian.

Three months ago five unknown bandits walked into the manufacturing hall.
They pulled J.R. out into the courtyard in front of his colleagues and beat
him. They broke his arm, his leg and one rib, shouting: "Move to Albania.
What are you waiting here for?"

When J.R. complained to his boss, he was met with a shrug of the shoulders.
"That's nothing," said his boss. "Why are you complaining?"

Then when the NATO bombing began, J.R. began to receive threatening
telephone calls in the middle of the night.

So on March 31, he left his flat, his car and all his other possessions, and
came to Sarajevo together with his wife and child.

Now he lives in a big refugee camp in the vicinity of Sarajevo that happens
to bear the same name, Rakovica. They share a tent with 50 other people, his
few belongings kept under his bed. His wife cooks lunch on a small wood
stove in front of the tent; his child is coughing.

J.R. is only one of 300 Albanians from Belgrade in the camp. It also
accommodates some 1,600 refugees who have come from Kosovo and Sandzak since
the beginning of the bombing.

But the total number of "Belgrade" Albanians who have fled to Bosnia is
certainly much higher. Many more have settled with friends or families, and
therefore are not on the official register. Before the war, estimates for
the number of Albanians in Belgrade ranged as high as 100,000. Albanians in
the refugee camps in Bosnia claim that now very few remain.

The plight of Albanians from Belgrade has passed almost unnoticed due to the
tragic fates of those Albanians expelled from Kosovo. Mostly bakers from the
area of Dragas in Kosovo, they lived in a relatively compact community.
Others sold goods at the market, or worked as street cleaners or garbage
collectors. In recent years, life was never easy for them. But their
presence was tolerated while the regime waged campaigns against Slovenes,
Croats or Muslims--depending on the wars it was fighting at the time.

Since March 1998, however, and the beginning of the war in Kosovo, things
took a turn for the worse. Threats on the streets, at the workplace and on
the phone increased. Albanians' shops were robbed and damaged. With the
bombing campaign, this only increased.

"What are you waiting for here?" a menacing voice on the telephone asked the
30-year-old Albanian factory worker every night. "We will slit your throat,
so we can have your flat. Why don't you go to Albania?" He is now in the
Rakovica camp, with his wife and four children. "I left everything I had. I
fled for my life," he says.

A.G., 46, is a father of four. He worked for 26 years in the Milling Baking
Industry, a state bakery in Belgrade. Ever since the bombing started his
colleagues became aggressive.

"They were telling me at work to chose a stove where I wish to be baked. I
could no longer take it. I had a flat in Belgrade, but I left everything and
set out for Bosnia," he says.

Even those who had managed to open their own local bakeries and become
well-liked in their neighbourhoods were not spared.

A group of unknown bandits broke into a well-known bakery owned by Uka
Cocaj, located in the Merkator shopping centre in New Belgrade. He and his
workers were beaten up and his bakery demolished. He, too, is now a refugee
in Sarajevo. The same happened in Zemun, a part of Belgrade where the
Radicals of Vojislav Seselj hold power. This time, the unknown bandits also
set the owner's car on fire.

Two days after the bombing started, on the Sarajevo Street in central
Belgrade, 14 shops owned by Albanians were demolished. So was an
Albanian-owned sweet shop in Belgrade's central Slavija Square. The owner of
one private shop, who says he spent 30 years in Belgrade, found an
inscription written on his shop door one morning, with the derogatory name
Serbs use for Albanians: "Death to Shiptars!"

Others found the doors of their homes or their mailboxes marked in red. As
the fear increased Albanians stopped speaking Albanian in public.

Some Albanians left Belgrade because their families living in Kosovo were
expelled, either to Macedonia or Albania. The men of the older generation
worked in the Yugoslav capital and saved money to send it their families. A
60-year-old Albanian, who worked for 39 years for the municipal services,
said he heard that his village near Dragas was burnt, and that all local
families were expelled.

"Since then I don't know where my family is," he says. "Who would I now send
money to? If they no longer live here, then my place is not in Serbia
either. " He came to Rakovica in hopes of finding his family.

Many of the Albanians from Belgrade had problems even after leaving the
city, at the border between Yugoslavia and Republika Srpska. A.G. says that
five other Albanians were on the bus with him. It was April 3, and they
reached the border-crossing near Zvornik at 5.30 p.m. The Serbian police
collected documents only from Albanians.

"They took the men one by one into a room. I was beaten by four policemen,
punching me in the head and kicking me in the kidneys," he says.

Another man testifies that he was beaten at the same border crossing on
April 4 together with 15 other Albanians.

"They forced one man to kiss a picture of Slobodan Milosevic. They broke the
forehead of an old man. People are still recovering from that beating," he
says. On some occasions, the police destroyed the Albanians' documents.

The Albanians from Belgrade, like those who arrived from Kosovo via
Montenegro, live in uncertainty in the Rakovica refugee camp. They had hoped
that they would find the doors of Western embassies open, and could leave
the region. But they are learning that refugees are not welcome. They now
realise that they have only joined the thousands of Bosniaks (Muslims) who
flooded Sarajevo and Tuzla after being expelled from their homes during the
war in 1992-93, and who are still waiting to return.

Gordana Igric is an independent journalist from Belgrade.

© Institute of War & Peace Reporting




~~~~~~~~~~~~
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