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- <text id=93TT0875>
- <title>
- Jan. 11, 1993: Crime Without Punishment
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Jan. 11, 1993 Megacities
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE BALKANS, Page 21
- Crime Without Punishment
- </hdr>
- <body>
- <p>The U.S. has charged Yugoslav leaders with atrocities in Bosnia,
- but the criminals may never be brought to justice. Does the
- West have the will to follow through?
- </p>
- <p>By BRUCE W. NELAN - With reporting by James L. Graff/Belgrade
- and J.F.O. McAllister/Washington, with other bureaus
- </p>
- <p> Brutal crimes are being committed in Bosnia and
- Herzegovina, and anyone watching television can see the gruesome
- effects every day. War is not pretty, but it has its rules.
- Whenever armies torture or murder civilians, imprison them in
- concentration camps or drive them off the land, when they burn
- houses, wantonly shell cities and rape women, they are
- committing war crimes.
- </p>
- <p> International law sometimes seems abstruse, but it is
- absolutely clear on this issue. A shooting war is no excuse for
- mistreating civilians or military prisoners. The legal
- precedents were set at the trials of major war criminals in
- Nuremberg and Tokyo after World War II. The underlying
- principles were endorsed by the U.N. General Assembly and the
- U.N. International Law Commission and codified in the fourth
- Geneva convention in 1949.
- </p>
- <p> "There is no question about the fact that war crimes have
- occurred in the former Yugoslavia," says Adam Roberts, professor
- of international relations at Oxford University and a leading
- expert on the subject. "The Geneva conventions have been
- obviously and massively violated." So when U.S. Secretary of
- State Lawrence Eagleburger said in Geneva last month that
- "crimes against humanity have occurred," he was simply stating
- a fact.
- </p>
- <p> But what does the West intend to do about it? The U.N.
- Security Council has deplored "grave breaches of international
- humanitarian law" in Bosnia and Herzegovina time and again.
- Eagleburger took it a step further, warning the criminals of "a
- second Nuremberg" and linking specific men to the crimes: four
- Serbs, two Croats and a Muslim. He also named three political
- leaders, including Serbian President Slobodan Milosevic, as
- bearing special responsibility. Yet there are no signs that any
- of this is more than the rhetoric of outrage. Two of the men
- Eagleburger fingered are to fly to Geneva this month at U.N.
- expense to talk peace with Bosnian leaders.
- </p>
- <p> Appalling crimes have been committed, but proving that a
- particular suspect is guilty of a specific atrocity, as is
- legally required, will be difficult. The Nuremberg tribunal was
- aided greatly by meticulous Nazi record keeping; no such paper
- trail of official orders and reports is likely to turn up in
- Bosnia. And if solid indictments are eventually prepared, no
- court exists to try such cases. Even more difficult, there is
- no way to arrest the suspects. "No one knows where this will
- lead," says a Western diplomat in Belgrade, "but we have crimes
- here of such a scale that you can't just wash your hands of
- them."
- </p>
- <p> A second Nuremberg may not be possible, but the U.N. is on
- a path that could lead to trials. The Security Council last
- October authorized a commission of legal experts from five
- countries to document war crimes in Yugoslavia.
- Secretary-General Boutros Boutros-Ghali said he hoped the
- process thus begun would end by creating an appropriate court
- to judge the accused. The expert commission has already received
- 3,000 pages of testimony on war crimes in Bosnia from
- governments, aid organizations and individuals, mostly refugees.
- After analyzing the information, the experts will report to
- Boutros-Ghali by the end of this month. The next step will be
- up to the Security Council.
- </p>
- <p> Legal scholars believe that a special tribunal, rather
- than any single nation's courts, would be the appropriate
- venue. Says Jochen Frowein, of the Max Planck Institute for
- International Law in Heidelberg: "A Security Council resolution
- setting out in detail how existing provisions on war crimes
- shall be applied is the only promising avenue."
- </p>
- <p> There the process would probably break down, for the
- suspects are not in the U.N.'s hands. Even if the panel of
- experts reports the crimes against humanity in all their
- enormity and the Security Council establishes a proper tribunal,
- the criminals could well remain unfettered in Bosnia, Serbia and
- Croatia. Short of a military invasion from the West, there is
- no obvious way to find and detain them.
- </p>
- <p> With such a dead end likely, many experts are skeptical
- about how serious Eagleburger and the U.S. government are when
- they speak of war crimes. Some critics believe that Washington
- is raising the issue to mask its unwillingness to use force
- against the criminals in Yugoslavia. The public charges, says
- Rosalyn Higgins, a professor of international law at the London
- School of Economics, reflect "impotence or inability for
- political reasons to act."
- </p>
- <p> One way to take action, if the accused cannot be delivered
- to an international tribunal, would be to try them in absentia.
- Those found guilty would risk arrest if they ever went abroad.
- Even without a formal trial, the accused will have to think
- twice about leaving home. The crimes are of "universal
- jurisdiction," which means that every country is entitled to
- prosecute offenders found within its borders. And there is no
- statute of limitations on these crimes.
- </p>
- <p> But the skeptics may be right. Since Eagleburger named
- names last month, the U.S. has made no effort to follow up or
- press for quick action to create a tribunal. That is true even
- though Washington is sitting on intelligence estimates that
- indicate 70,000 people--five times the number mentioned in
- public--are being held under intolerable conditions in
- concentration camps in Bosnia and Serbia. Those camps' lines of
- command, according to intelligence reports, lead straight to
- Belgrade, the Serbian capital. But the West seems so embarrassed
- at what it has recently discovered in the former Yugoslavia that
- it does nothing about it.
- </p>
-
- </body>
- </article>
- </text>
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