Balkan InsightAs UN Considers Fate of Hague Court Archives, Kosovo Seeks Equal Access
FouThe president of the UN-backed International Residual Mechanism for Criminal Tribunal in The Hague, Graciela Gatti Santana, has rejected a plea from wartime Bosnian Serb Army commander Dragomir Milosevic for early release.
Milosevic, 83, who is serving his sentence in Estonia, had cited the fact that he is elderly and in poor health as grounds for a release on humanitarian grounds.
Hague Court Rejects Bosnian Serb Ex-Commander’s Early Release Plea
The court found that former Bosnian Serb commander Dragomir Milosevic, sentenced to 29 years in jail for terrorising civilians during the siege of Sarajevo, had not proven compelling humanitarian reasons for early release.
PhoenixSerenityIf any of you still believe that waiting for or trying to talk rational sense into hardcore #fascists will help them to change their minds & be better human beings - I suggest you watch the #NurembergTrials of #Hitler's #GermanNazis & #Milosevic #WarCrimes trial in #ICTY.
There was no repentance. There was open disgust, arrogance & disrespect of international criminal court & court representatives by those genocidal defendants.
They went to their graves, proud of their evils. Unrepentant.
الفجر الباسم https://twitter.com/Law4Palestine/status/1713553509679866178
https://en.rattibha.com/thread/1713553509679866178
1/9 #Israel's official call to move over 1.1 million people from North #GazaStrip to the South raises concerns of a broader plan for Palestinian deportation to +.
constitutes a +
rejects it in all its forms #L4Pthreads 🧵
2/9: Art. 49(1) of 4th #GC states that the individual or mass displacement of populations from occupied territories to another country is prohibited “regardless of their motive.” The prohibition also extends to #ForcibleTransfer within an occupied territory -Art. 85(4)(a) of #API
3/9: The only exception to the prohibition within an occupied territory is the security of civilians &for “imperative military reasons,” with an obligation to ensure that the displaced civilians receive proper shelter, hygiene, health, safety & nutrition (Article 17 of #APII).
4/9: An evacuation undertaken in an atmosphere of terror implies that #ForcibleTransfer was only done as part of an organized policy to displace the people from the area ¬ as a form of civilian protection or for military necessity as found by the Tribunal in the #Krstic Case.
5/9: The #ICTY in #NaletillicandMatrinivic found that a state shelling, besieging and preventing humanitarian aid cannot use military necessity to forcibly transfer civilians. Accordingly, #Israel will likely be unable to use military necessity to justify depopulating Gaza.
6/9: Israel is not taking any measures to ensure that the forcibly transferred people are safe or are provided with necessities. It continues to bomb #civilians, even during their #evacuation, while also cutting off water and food supply to entire #Gaza.
7/9: Calling for the deportation of Palestinians from the #GazaStrip to #Egypt violates international law. By doing so, #Israel is engaging in the systematic practice of #EthnicCleansing—a key element of its proposed #genocide in Gaza.
8/9: #ForcibleTransfer is a grave breach of the #GC, which means that all #states are under an obligation to search for and prosecute individuals who are alleged to have committed such acts regardless of their nationality
9/9: Several other legal instruments address the illegality of #ForcibleTransfer including country specific material. It can be noted that Israel barely implements any #IL on this matter in its national legal system.
For more info: https://ihl-databases.icrc.org/en
https://en.rattibha.com/thread/1713553509679866178
1/9 #Israel's official call to move over 1.1 million people from North #GazaStrip to the South raises concerns of a broader plan for Palestinian deportation to +.
constitutes a +
rejects it in all its forms #L4Pthreads 🧵
2/9: Art. 49(1) of 4th #GC states that the individual or mass displacement of populations from occupied territories to another country is prohibited “regardless of their motive.” The prohibition also extends to #ForcibleTransfer within an occupied territory -Art. 85(4)(a) of #API
3/9: The only exception to the prohibition within an occupied territory is the security of civilians &for “imperative military reasons,” with an obligation to ensure that the displaced civilians receive proper shelter, hygiene, health, safety & nutrition (Article 17 of #APII).
4/9: An evacuation undertaken in an atmosphere of terror implies that #ForcibleTransfer was only done as part of an organized policy to displace the people from the area ¬ as a form of civilian protection or for military necessity as found by the Tribunal in the #Krstic Case.
5/9: The #ICTY in #NaletillicandMatrinivic found that a state shelling, besieging and preventing humanitarian aid cannot use military necessity to forcibly transfer civilians. Accordingly, #Israel will likely be unable to use military necessity to justify depopulating Gaza.
6/9: Israel is not taking any measures to ensure that the forcibly transferred people are safe or are provided with necessities. It continues to bomb #civilians, even during their #evacuation, while also cutting off water and food supply to entire #Gaza.
7/9: Calling for the deportation of Palestinians from the #GazaStrip to #Egypt violates international law. By doing so, #Israel is engaging in the systematic practice of #EthnicCleansing—a key element of its proposed #genocide in Gaza.
8/9: #ForcibleTransfer is a grave breach of the #GC, which means that all #states are under an obligation to search for and prosecute individuals who are alleged to have committed such acts regardless of their nationality
9/9: Several other legal instruments address the illegality of #ForcibleTransfer including country specific material. It can be noted that Israel barely implements any #IL on this matter in its national legal system.
For more info: https://ihl-databases.icrc.org/en
Law for Palestine | القانون من أجل فلسطين on X
1/9 #Israel's official call to move over 1.1 million people from North #GazaStrip to the South raises concerns of a broader plan for Palestinian deportation to #Egypt. #ForcibleTransfer constitutes a #WarCrime #IL rejects it in all its forms #L4Pthreads 🧵
Andy Aydın-AitchisonExchange between accused, Slobodan Praljak, and witness, Professor Farhudin Rizvanbegović, who had been detained at Dretelj camp and Ljubuški prison in 1993.
Accused: Professor, just give me a yes or no. Did you hear of him?
Witness: Please don't act that way.
Acc: You are taking away from my time. Did you hear of him?
Wit: You took away half of my life, man.
Prlić et al, at ICTY, 23 May 2006, testimony, p. 2319.
Frank Elbers / @franckelbersNieuw op @donaustroom: Het vonnis van Simatović en Stanišić toont aan dat de oorlog in #Bosnië en Herzegovina geen burgeroorlog was, maar een internationaal conflict waarin de politieke leiding van buurlanden een belangrijke rol speelde. #JoegoslaviëTribunaal. #ICTY #Servië https://www.donaustroom.eu/het-laatste-vonnis-van-het-joegoslavie-tribunaal-biedt-lessen-voor-de-toekomst/
Het laatste vonnis van het Joegoslavië-tribunaal biedt lessen voor de toekomst - Donau
Het baanbrekende vonnis waarbij twee hooggeplaatste Servische staatsveiligheidsfunctionarissen op 31 mei 2023 werden veroordeeld, bewees dat Servië een rol speelde in de oorlogen in Bosnië en Herzegovina en Kroatië en toonde aan dat er gerechtigheid kan zijn voor misdaden begaan door paramilitairen die door de staat worden gesteund.
New #Criminology paper:
Teaching Atrocity Criminology with ICTY Archives: Disciplinarity, Research, Ethics
https://www.tandfonline.com/doi/full/10.1080/10511253.2023.2205472
Covers interdisciplinarity, the research/teaching nexus and ethics in teaching criminology and atrocity using public court archives
#SOTL #Pedagogy #ICTY #Archive #ExYu #Law #Sociology #History #PolSci
Arena Cops 🇺🇦✌Today's announcement, that the International Criminal Court has issued arrest warrants against Putin & co-conspiring Maria Alekseyevna Lvova-Belova ("Commissioner for Children’s Rights in the Office of the President of the Russian Federation") was an important signal, that Putin's regime will not be safe from justice & accountability outside his criminal cosmos of fellow-dictatorial thugs.
While the International Criminal Tribunal for the former Yugoslavia will show the way, so that "politicians and senior military officers, judgment after judgment confirmed, will no longer escape with impunity but be held responsible for their actions, even in wartime."
#RuleOfLaw #JusticeMatters #AccountabilityMatters #ICC #ICJ #ICTY #PutinTribunal #PutinsWar #WarOfAggression #WarCrimes #CrimesAgainstHumanity #Genocide #CrimesAgainstPeace #StandWithHumanity #StandWithUkraine
https://www.theguardian.com/law/2017/dec/20/former-yugoslavia-war-crimes-tribunal-leaves-powerful-legacy-milosevic-karadzic-mladic
I wrote a review of Iva Vukušić's "Serbian Paramilitaries and the Breakup of Yugoslavia: State Connections and Patterns of Violence" here.
https://academic.oup.com/bjc/advance-article/doi/10.1093/bjc/azad008/7058712?searchresult=1
Not open access, but some key points:
*It's excellent - buy it!
*It's very relevant to criminology
*Valuable analysis of differences between paramilitary units (professional/non-professional)
*We can do more with ICTY sources
#Criminology #ICTY #Yugosphere #history #histodon #Serbia #Yugoslavia
Serbian Paramilitaries and the Breakup of Yugoslavia: State Connections and Patterns of Violence. By Iva Vukušić (Routledge, 2023, 230pp. £120 hbk)
The pages of this journal are no stranger to the work of researchers with something to say about crime, but who do not necessarily claim to be ‘doing criminolog
LuigiProsperiSuper interesting #OpenAccess article by Iva Vukusic (Utrecht University) on “Archives of Mass Violence: Understanding and Using #ICTY Trial Records” https://www.degruyter.com/document/doi/10.1515/soeu-2021-0050/html #history #InternationalTribunals #InternationalCriminalLaw #InternationalLaw #ICL #Memory #MassAtrocities #Academia
Archives of Mass Violence: Understanding and Using ICTY Trial Records
The most relevant collection for studying the wars accompanying the breakup of Yugoslavia, which resulted in over 130,000 dead or missing, is the archive of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague. The Tribunal established by the UN Security Council in 1993 to prosecute genocide, crimes against humanity, and war crimes indicted 161 people and had accumulated millions of pages of testimony, military and police reports, and videos when it closed in late 2017. This invaluable record details the massacres and includes well-known incidents, such as the mass executions after the fall of Srebrenica, but also killings and torture elsewhere in the former Yugoslavia. This article investigates the history of this archive, analyzes its contents, and argues that the collection has two important features which present both a huge opportunity and a significant challenge for research—the immense volume of the archive, and a lack of access to important parts of it.