Theodor Meron, President of International Criminal Tribunal for the Former Yugoslavia

Have just discovered that Stjepan Mesic (die-hard Communist in mind and heart, former president of Croatia, who was the apparent ICTY Chief Prosecutor Carla del Ponte’s “best boy” for political maneuvering of ICTY indictments that would equate the aggressor with the victim in 1990’s Serb war of aggression against Croatia and Bosnia and Herzegovina at any price – even lies and confabulations that would blacken and attempt to degrade the righteousness of Croatian citizens’ right to defend their lives and homes from aggression) and his cronies (such as Budimir Loncar/former advisor to Mesic and current advisor to president Ivo Josipovic  – but with a disturbing history in the notorious former communist police OZNA, which ordered multitudes of murders of innocent people during Tito’s Yugoslavia) are behind the “ifimes” (International Institute for Middle East and Balkan Studies) which has recently published a malicious article “ICTY: ‘Meronization’ of our future”. Stjepan Mesic is listed as Honorary President of staff of ifimes!

Of course, it’s as clear as day: this group of individuals, with this article, are telling the world that if we do not question the ICTY judgments brought down by Judge Theodor Meron, President of ICTY, (especially regarding the acquittals of Ante Gotovina, Mladen Markac and Momcilo Perisic) then there is no real justice!

The problem with this group’s reasoning is that they do not appear to uphold as paramount the appellate court’s responsibility of weighing the evidence and decisions made by lower courts, that they contradict themselves as they strongly suggest ICTY judges must consider political implications and consequences of their judgments, and at the same time that judges must not be political!

Lord, save the humanity from this lot!

They definitely appear to be subscribed to the trends started under Carla del Ponte, as Chief Prosecutor, under Judge Fausto Pocar as ICTY President (who, by the way had a dissenting opinion to the majority one in the 16 November 2012 ICTY Acquittal judgment for Croatian Generals) when the politics of equating the victim with the aggressor was painfully obvious and “order of the day at the ICTY”.

It seems that Meron, by weighing evidence before him with fresh and non-political eyes (as Appeal courts should and have the duty to do) has ruffled the feathers of those who consider cold evidence and interpretation of it less important than political agendas between nations, particularly of, say, the aggressor such as Serbia was against Croatia and Bosnia and Herzegovina in the early 1990’s. So, those who did not like the way ICTY judgments were delivered by Meron started a new trend of labeling him with the sins they themselves subscribed to: political court judgments. This so reminds me of the horrible days under Communism – attack becoming the tool of defence!

This “ifimes” group has the gall to say that Meron is the one who “has definitely marked ICTY as a political court and Theodor Meron as its gravedigger and the executioner of anticipated international justice”.

And yet, just before they wrote this disgraceful sentence they wrote that Meron  “should have examined all the possible implications of the partial acquittal in the Karadzic case as well as a series of other issues that have appeared in the final stage of ICTY’s work”.

Now, why should a judge examine all possible implications of his judgment!? Implications of a decision should not and must not influence the making of a decision that is based on evidence and the weighing of evidence with view to the actual alleged criminal offence.

So, “ifimes”  group criticise Meron as being political on the one hand and on the other they criticize him for not using politics in bringing decisions in court!

Furthermore, the group admits that Serge Brammertz, ICTY Chief Prosecutor who seems to follow Carla del Ponte’s political lines of equating aggressor with the victim at any cost, is in conflict with Meron. In “conflict between two concepts and two civilisational approaches to resolving international relations: the conservative and anticivilisational concept represented by ICTY President Theodor Meron and the positive and realistic concept represented by ICTY Chief Prosecutor Serge Bramemertz”.

Can you believe this rot of humanity “ifimes” is peddling!?

The world does not need such transgressions of democracy, human moral code and real justice that Majority Opinion brings to the table as accepted and final judgment in a court case.

For them the Majority Opinion (led by Judge Meron) is conservative and anti-civilisational and the politically driven bias (even with highly suspect testimonies that, if tested, could amount to perjury)  Brammetrz appeared as having continued with after Carla del Ponte, is considered by them as positive and realistic!

And now we come to the real motive behind this atrociously biased and political, but insidious article from “ifimes” (Stjepan Mesic  & Co.):

“The IFIMES International Institute is of the opinion that the announced discussion on the activities of ICTY which will take place at the UN General Assembly on 10 April 2013 should focus on strengthening international law and protecting the victims of past and future crimes rather than serving individuals and countries whose aim is to (mis)use the international legal system for their own interests”. Or, in other words, let the UN General Assembly debate on 10 April 2013 be the platform where Serbia will receive legitimacy for its rejection of ICTY judgments (as Vuk Jeremic had expressed publicly during past months) and for its relentless politics of justifying the horror its aggression against Croatia and Bosnia and Herzegovina had set in motion.

As I said in one of my previous posts, and in my letters to various heads of UN member states – there is a realistic and immediate danger that the UN General Assembly debate on 10 April WILL NOT BE PROTECTING ALL THE VICTIMS, WILL NOT BE AN UNBIASLY LED DEBATE UNLESS IT IS COORDINATED AND FACILITATED BY A FULLY INDEPENDENT GROUP OF PEOPLE.

With such importance being given to “dissenting opinions” as opposed to “majority opinions”, which define the final judgment of a court, let’s not be surprised if we enter a future (after April 10) where the courts will no longer be fully independent of politics, where majority opinion will mean squat, where appellate courts will cease to function, where people can take as valid whatever judgment they want – from majority or minority – where the rule of law, accepted legal standards and democracy (which includes accepting the majority opinion or vote with due grace and humility) will become just a footnote in history books.  Ina Vukic, Prof. (Zgb); B.A., M.A.Ps. (Syd)

WATCH THIS VIDEO:

Theodor Meron on BBC HARDtalk, March 2013 “…Criminal court must not have a broader agenda … we would not be doing our job if we are guided by how people, nations, community will react to judgments… reconciliation is up to the people … not the court…”. Hear! Hear!