Reblog: Playing Us For Fools

Superb write up

Eyes of the Mind

The Prosecution in the cases of Ante Gotovina and Mladen Markač (currently on appeal) must think we are fools.  Their August 17 response to the Gotovina Motion challenging the jurisdiction of the Appeals Chamber to consider an alternative mode of liability (given that the conviction was on the basis of a supposed Joint Criminal Enterprise) was obscenely disingenuous.  If they get away with this artifice, it will be a reprehensible example of the disparity between law and justice.

Superficially, the response seems reasonable enough.  They quote Article 25 of the Statute, which says that the Appeals Chamber may “revise” decisions of the Trial Chamber, and they cite the precedents of other ICTY and ICTR cases.

The first problem with this is that while the Appeals Chamber may revise decisions made by the Trial Chamber, it cannot revise something that doesn’t exist.  How do you reconsider something that wasn’t considered in…

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Comments

  1. Well said. I have to repeat this is a politically motivated and driven court. It is not about truth or justice, it is about equalizing guilt to appease the Serbs and to clear the conscious of the West for their inaction and betrayal of democratic values. Hopefully the defense made strong arguements in rebuttal to the prosecution’s submission. Unfortunately I am not optimistic because for the Appeal Court to overturn or even throw out this case which it should do just based on evidence alone it would risk tarnishing and bringing into disrepute the entire ICTY and expose for all to see its Macavellian politics. This won’t happen because judges, lawyers, administrators and politicians careers, reputations and livelihoods are on the line; in fact it brings into question the legitimacy of international criminal courts and there are just too many people who are in love with the idea of internationalizational of criminal justice that supersedes sovereign justice systems. I fear that in additional to being heroes our generals will be martyrs sacrificed by Croatia to join the EU. Sorry for the negativity but real politic is harsh. I pray this doesn’t happen.

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  2. Michael Silovic says:

    What I have been saying all along sunman but with gods will someone will open their eyes and see that justice is served and our generals are set free. I can already tell you that for many the ITCY has lost a lot of faith in people who believe in justice as they see how much politics is involved in the court. Only setting the generals free can restore the integrity to the ITCY.

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