8 May 1997
The Tadic verdict: a bad day for justice
Helen Searls, LM's legal adviser, looks at the implications of the Tadic verdict
On 7 May 1997 Dusko Tadic was found guilty of 'crimes against humanity' by
the International War Crimes Tribunal at The Hague. In delivering their
verdict the judges were keen to stress the historic significance of such a
judgement. They boasted that this was 'the first determination of
individual guilt or innocence in connection with serious violations of
international law by an international tribunal. ... The international
military tribunals at Nuremberg and Tokyo were multinational in nature,
representing only part of the world community.' This judgement, in
contrast, was made on behalf of all of the world community and as such was
an historic step for human rights.
In one respect the judges of Trail Chamber II have a point in that the
judgement is a turning point. It is not however the great blow for justice
and democracy that they would like us to believe it is. Rather the
judgement is significant because it codifies what was already implicit in
the brief of the Tribunal when it was set up in 1993. Today the West has
gained the completely unquestioned right to sit in judgement over the rest
of the world. The internationally recognised judgement serves to confirm
the West's moral authority around the globe.
In the wake of the judgement there have been criticisms levelled at the War
Crimes Tribunal. Martin Bell in his new role as moral spokesman for the
British nation was one of the first to criticise the Tribunal for doing too
little too late. He complained that only 7 of the 74 named 'war criminals'
are in custody and that most of them are minor figures. He urged Western
powers with authority over the former Yugoslavia to 'take some extreme
political risks' and go after the big fish. Bell's call for a more powerful
and interventionist tribunal is echoed in the pages of the Guardian and
elsewhere. Others, including an interesting BBC 2 documentary, War Crimes
on Trial, have asked some critical questions as to the legal proceedings at
The Hague.
All the critics however miss the point. It does not matter that only the
small fish are coming to court. Nor is it surprising that the legal
procedure within The Hague allows some alleged crimes to go unpunished. In
fact it would barely matter if the court failed to convict anyone ever
again. The Tribunal has already done a sterling job for the Western
establishment in confirming the right of the so-called civilised world (the
West) to stand in judgement against the 'uncivilised barbarians' in the
East or the South.
Even accepting that there is such a thing as war crime (a term which nobody
has criticised since the establishment of the tribunal) lends legitimacy to
the notion that war is caused by evil men who are uncivilised and barbaric
rather than desperate people who see no alternative but to fight for their
survival. What on earth is a war criminal anyway? One look at the Tadic
trial indicates it is simply somebody of whom Western authorities
disapprove.
Tadic himself was found guilty of crimes against humanity although the
court was unable to pin any specific murders on him. All of the more
gruesome and widely-publicised evidence against Tadic - including stories
of gang rape, mass murder and the forcing of one prisoner to bite off
another's testicles - were thrown out due to lack of evidence. Of the 31
charges against Tadic he was found guilty of only eleven. These were
charges that centred largely around beatings. He was also charged with
persecution.
The labelling of beatings as a crime against humanity is interesting. The
incidents that Tadic was found guilty of committing were undoubtedly brutal
and violent. However in the middle of a bloody war were they really such an
exceptional activity? A candid discussion with British Army soldiers
involved in combat with Argentineans would no doubt reveal such events to
be far more commonplace than the Tadic judgement implies. It seems as
though the definition of a war crime is dependent upon who is committing
the alleged crime rather than the actual acts that are carried out.
The charge of persecution is even more revealing. Ploughing through the
wordy 300 page judgement it transpires that Tadic was found guilty of
persecution because his involvement in the Bosnian war was politically
motivated. Because Tadic was in his own words a 'trusted SDS member' who
had 'asked to run a crucial plebiscite in the Kozarac area' the trial
chamber concluded he had 'knowledge of and supported the plan for a greater
Serbia'. The trial judges concluded therefore that Tadic had responsibility
for acts performed by others in the name of the greater Serbia in the
Prijedor region.
It seems today that membership of a nationalist party of which the West
disapproves is now a crime against humanity and a so-called War Crime
punishable by life imprisonment by the international courts. Such an
ideological construction of crime does nothing for justice or democratic
rights. It serves only to strengthen the hand of the apparently civilised
nations over the rest of humanity. As the Guardian's and Martin Bell's call
for greater Western powers to round up more criminals indicates, the end
result of the exercise is not justice but the even greater legitimisation
of Western inference across the globe.
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