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Port of Call |
LAST UPDATE July 18, 2008
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| site design imagesparkle.com |
| June 28, 2008 |
Amsterdam, Netherlands – An invitation to witness a trial for justice |
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The ICTY was established at a time when domestic institutions in the former Yugoslavia were neither willing nor able to provide fair trails. |
As Peace Boat sailed into Amsterdam, famous for its enchanting canals, legalised cannabis, red light district, windmills and museums, a group of passengers looked forward to their day ahead as visitors to the International Criminal Tribunal for the Former Yugoslavia (ICTY).
The Tribunal’s mandate is to prosecute and try those responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, established by the United Nations Security Council under Chapter VII, Resolution 827 of the UN charter. |
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The International Criminal Court, located in The Hague, is also part of the UN, but has a permanent status and a different jurisdiction. |
The ICTY has the authority to prosecute and try four clusters of offences: grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity.
It can try only individuals, not organizations or governments. The maximum sentence that can be imposed on an accused is life imprisonment.
The last indictment was issued in 2004. The Tribunal aims to complete all trials by the end of 2008 and all appeals proceedings by 2010.
According to the ICTY, the Tribunal changed the landscape of international law, by showing senior leaders that their position can no longer protect them from prosecution for the most abominable crimes committed in Europe since the end of World War II.
Peace Boat participants first witnessed a live court trial of Vujadin Popovic, the Lieutenant Colonel and Assistant Commander of Security on the staff of the Drina Corps of the Bosnian Serb Army (VRS). His indicted crimes were genocide, conspiracy to commit genocide, extermination, murder, persecutions, forcible transfer and deportation.
Using headphones and sitting behind glass screens, participants heard part of the testimony of a forensic scientist on the evidence collected from the mass grave at Pilica Branjevo Military Farm, where more than 1000 bodies are thought to be buried.
As the testimony discussed the details of the executions, including ligatures and blindfolds found on the victims and the use of firearms, the reality that they were witnessing one of the most historically important wartime investigations really sunk in to the hearts and minds of participants. |
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| Nenad & Nevenka Fiser engaged in a fruitful discussion about politics with Peace Boat volunteers over lunch in the Netherlands. |
Upon dismissal for a court break, participants then met with Hiroto Fujiwara, an Intelligence Analyst who has been with the ICTY for 15 years. The ICTY has thus far collected about seven million documents and Mr Fujiwara’s team studies these, interviews the suspects and victims, and analyses the crime sites.
When asked about his work at the mass graves, he told participants of the difficulty and tediousness of trying to find the bodies buried there. He said that most of the time, the graves had been dug, to disrupt the scene. However, he said, that it is obvious when such acts have taken place, for reasons such as the certain smell emanated by a dug grave. When trying to find a buried body, Mr Fujiwara described how he would stick a two-meter hollow stick in the ground. If it gives out a particular smell, this is indicative of a buried body.
He also spoke of the landmines and snipers that were located at the crime sites, as well as having to deal with defendants who are now part of organised criminal gangs such as the Mafia. |
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| Known as a haven for NGOs, protests are a common sight in The Hague. |
Judge Bakone Justice Moloto then addressed participants in what was described as the first time a judge at the ICTY has taken part in such a dialogue. The discussion took the form of a Q&A session, which focused on the concepts of ‘crimes against humanity’ and ‘war crimes’ and the challenge of having hearsay being admissible in the ICTY.
Judge Moloto emphasised the need to analyse the source, content and corroboration of any evidence. In explaining why the ICTY admits hearsay as evidence, he said, “when you deal with war crimes, often you find that the evidence you need to find is very different to what you actually find. Most people are dead and the dynamics of war mean you don’t always have eyewitnesses”. So, there is a need to look at hearsay, in combination with corroborating evidence from the likes of newspapers, magazines, visual media. |
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| Windmills are part of the traditional landscape of the Netherlands. |
Though only a few short hours were spent at the ICTY, it was certainly one of the highlights of the voyage and one of the unique experiences Peace Boat has to offer its participants.
Given the length of time that has passed since the war ended and the distance between the former Yugoslavia and Japan, it is easy for Japanese to forget the brutality of the war and the ongoing plight of international bodies to find accountability. Having the opportunity to witness the investigations in real time and meet those who have worked selflessly to administer justice will no doubt provide a sharp reminder that neither should be forgotten.
“I cannot bring back the dead [and] I cannot mitigate the pain of the families by my confession, but I wish to contribute to the full truth being established.” Statement by Momir Nikolic, a Bosnian Serb intelligence officer sentenced to 20 years after pleading guilty for his part in the Srebrenica genocide.
Please note: due to strict security measures no electronic equipment was allowed in the ICTY, hence there are no photos taken of the inside. |
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