by Stephen Karganovic
After almost twelve years of extra-judicial agony at the Detention Unit of the International Criminal Tribunal for the Former Yugoslavia at the Hague, on November 12 Serbian political leader Vojislav Šešelj returned home to Belgrade. True, the circumstances of his release (regarded as “provisional” in the terminology of the Tribunal which incarcerated him) leave quite a few more questions than they provide answers. To state just a simple one that immediately comes to mind, why isn’t there a verdict after the seemingly interminable trial? (Chief Prosecutor Serge Brammertz forecasts there might be one at the end of 2015.)
Sordid background of the Šešelj case. All who have followed attentively these lengthy proceedings will attest to their uniqueness, even by unconventional the standards of the ad hoc political court in the Hague. Politics has undisguisedly directed these proceedings from the start. A nationalist political gadfly, Vojislav Šešelj and his Serbian Radical Party were a most inconvenient presence for the slavishly pro-Western regime installed in Belgrade after the October 2000 “color revolution,” which saw the rise of the infamous “Otpor” outfit of professional subversives backed by Western money and logistics who were the operational precursors of a succession of similarly orchestrated coups elsewhere. In a memorable exchange with the then Hague Prosecutor Carla del Ponte, Serbian Prime Minister Zoran Djindjić pleaded with her to “take Šešelj to the Hague and never bring him back.” Del Ponte obliged in 2003 and issued an arrest warrant for Šešelj soon thereafter, never mind the fact that neither the indictment was ready nor was there evidence to support it. That was leisurely compiled over the following several years, while the defendant Šešelj was rotting away in his prison cell in the Netherlands and waiting for the procedural niceties which usually precede detention to be completed.
But all the while he was under guard a safe political distance away from Western-installed minions in Belgrade who were busily tearing Serbia apart and following subserviently the cues of Western ambassadors who assumed proconsular authority in the devastated country.
Procedural travesty. One would think that the five-year pre-trial delay in the commencement of the Šešelj trial was enough of an egregious violation of the accused’s human and procedural rights to cause the matter to be dismissed. But not at ICTY. It would seem self-evident that the outrageous delay and concomitant denial of provisional release throughout that period, coupled with the inexpeditious pace of the trial after it finally started, constituted a sufficiently grave violation of the right to speedy trial and thus a valid reason for quashing further proceedings. Be it noted that the right to a “fair and expeditious trial” is guaranteed in Rule 65ter (B) of the Tribunal’s own Rules of Evidence and Procedure, which the ultimately twelve year incarceration of Vojislav Šešelj appears by any reasonable standard to have violated. Add to that the complete collapse of prosecution’s case by the time it ended in March of 2011 and its consequent failure to demonstrate a single charge in the indictment. According to the Tribunal’s own rules, Rule 98bis to be exact, at that stage the Chamber should have assessed the evidence in the light most favorable to the accused and abrogated further proceedings if it appeared that the prosecution failed to present proof that might reasonably lead to a conviction.
Despite Prosecution’s manifest failure to present such proof, and the clearly expressed view of Chamber president Antoneti that the concept of joint criminal enterprise, upon which much of the indictment hinged, was misapplied in the Šešelj case, the majority of the Chamber voted for the trial to proceed. The political beneficiaries of this prolongation were the then and present rulers of Serbia. As a result of it, they were shielded until a few days ago from the unsavory prospect of a triumphant Šešelj returning to lead his resurgent Radical Party in the next Serbian elections. To make matters even more absurd, instead of moving forward to some sort of conclusion after the 98bis hearing in the Spring of 2011, the case-in-chief since then has been meandering around collateral issues, specifically contempt of court charges against the defendant for allegedly publicizing the identities of prosecution’s protected witnesses. It did not matter that all those witnesses had signed affidavits that they do not object to the lifting of protective measures. The trial was thus effectively prevented from advancing into the defence phase or the issuance of a verdict while these contrived issues were being considered, although the conclusion of the tedious proceedings as a whole was long overdue.
A word is in order about the presiding judge Jean-Claude Antonetti. After several judges in succession were replaced, he was appointed to head Šešelj’s Chamber on the eve of the trial’s commencement. Judged by purely formal standards, his performance has been commendable. But note should be taken of the fact that, though unlike his predecessors he has been a generally fair umpire in the courtroom, Antonetti alone had no decisive influence, flanked as he was by judges Harhoff (replaced recently by judge Mandiaye Niang) and Latanzzi who made no attempt to conceal their animosity toward the defendant. There is no particular reason to question Antoneti’s personal honour and professional rectitude, but his practical role in the Šešelj proceedings was limited and may be likened to that of Dubček: his role is to act as the Tribunal’s “human face”. Whatever the ultimate reason for Antoneti’s assignment, it must be recognized that his generally reasonable conduct has had the paradoxical effect of improving the quality of Šešelj’s performance. No longer obliged to assume the posture of an enfant terrible in order to dramatise the unfairness and absurdity of the proceedings against him, Vojislav Šešelj, who may not be a man of great social refinement but happens to be a person of enormous erudition and legal competence, could at last focus on the effective conduct of his defence and demonstrate publicly his complete mastery of the lawyer’s craft.
The list of procedural violations in the Šešelj case is long and varied, but we may reduce it to the following principal issues.
Undoubtedly, a fundamental issue in this category is the apparent fact that the indictment itself was not motivated by legal but crassly political motives. Though scandalous, Prime Minister Djindjić’s invitation to prosecutor Del Ponte to make Šešelj disappear from Belgrade was somewhat understandable coming from politician Djindjić seeking to get rid of his foremost political rival. But that a supposedly reputable international judicial institution should act upon such a crudely political invitation, as The Hague Tribunal has done, is an outrage of the first order.
The “Trial”. Such an infelicitous inception of the Šešelj case could not but lead to a lengthy train of subsequent abuses. In spite of the fact that Šešelj turned himself in voluntarily within days of being informed of the warrant for his arrest and that at various junctures during his incarceration he satisfied all of the Tribunal’s own criteria for pre-trial release, he was consistently denied that privilege afforded to others. That remained the position until the Chamber finally faced the insoluble dilemma of having to legally rationalize a guilty verdict and at the same time justify a politically correct lengthy prison sentence exceeding the accused’s already unreasonably lengthy pre-verdict incarceration. The priority became getting rid of the pesky defendant. When a few months ago Vojislav Šešelj was diagnosed with a metastasis of liver cancer, a Solomonic solution for a virtually unconditional “conditional release” emerged. The Tribunal practically threw him out of his UN Detention Unit cell and packed him off to Belgrade. They undoubtedly did it in the fond expectation that the unpleasant prisoner will be called to meet his Maker and spare his jailers another in-house death before it became simply untenable to further delay the preordained and politically mandated (but given the overall judicial fiasco, enormously embarrassing) guilty verdict.
Tainted from the outset, the case against Vojislav Šešelj began to really unravel once the trial started. It turned out that “expert” witnesses brought by the prosecution were a parade of half-wits and ignoramuses or, in Šešelj’s own memorable courtroom phrase referring to prosecution experts, “If they know less than I do about the subject matter of their expertise, they have no business being here.” The alleged percipient witnesses to Šešelj’s crimes were an unmitigated disaster for the prosecution, and their performance was marked by wholesale perjury. The vast majority admitted in court, under Šešelj’s merciless cross-examination, that they were blackmailed, pressured, or suborned to give false evidence against him under the direction of the prosecutor. One even revealed in open court that prosecution investigators had promised him access to “girls” if he agreed to give incriminating evidence against the defendant. Many prosecution witnesses, apparently relieved that they could finally do so in the relative safety of open court, withdrew large portions or all of their previously given statements and one, to the apparent amazement of the judges, requested permission to walk over to the defendant and to embrace him.
The prosecution of Vojislav Šešelj, more than any other scandalous proceeding at ICTY, illustrates the true nature of the Hague Tribunal and symbolises most clearly its institutional corruption which was best encapsulated by the distinguished authority John Laughland in the title of one of his books: travesty.
Oh, yes, and haven’t we forgotten to mention the official charges against Vojislav Šešelj? Not at all, they just happen to be completely ludicrous and of negligible import in relation to the gross subversion of basic legal principles that the conduct of his trial in all its phases represents. The defendant stands accused of “inciting” to violence and ethnic persecution in his political statements, an offence that is not even listed as a crime in the Tribunal’s Statute, any more than is the elusive doctrine of Joint Criminal Enterprise, which in any event would be regarded as legally protected free speech from any but a politically vindictive point of view.
The known “political unknowns” of the Šešelj case. Heading this list is uncertainty about the impact that Šešelj’s abrupt return from the Hague might have on the foremost political issue of the day in Serbia: how to get rid (hopefully by peaceful means) of the unsavoury tandem of President Tomislav Nikolić and Prime Minister Alexander Vučić, until 2008 Šešelj’s close associates and his designated Radical Party caretakers while the leader was incarcerated, who are currently running the country into the ground. In a stunning about face, five years ago these former lieutenants completely renounced their long held views to become leading exponents of joining the EU, signing off on the takeover of Kosovo, and embracing just about every other notion that previously they vigorously opposed and claimed to abhor. It is rumoured that their sudden conversion may have been encouraged by some irresistible monetary inducements combined with promises of Western backing to gain power in Serbia after several previous unsuccessful attempts. The renegade tandem’s palpable nervousness mounted as the day of Šešelj’s triumphant return to Belgrade on Wednesday, November 12, approached.
Though perhaps dying of cancer, Vojislav Šešelj is entitled to regard this, perhaps final, stage of his political career and physical life with considerable satisfaction. Singlehandedly (because he chose to use his knowledge as a former law professor to represent himself at the Hague) he not only slew but also utterly humiliated the ICTY dragon. Under Šešelj’s relentless pounding the prosecution case simply fell apart. It is thus that in the end what began as a standard Hague litany of “crimes against humanity” (including murder, torture, cruel treatment, persecution, wanton destruction of villages, and even pillage of public and private property, to name just a few) essentially shrank to politically incorrect rhetoric, hardly unusual for exuberant politicians in many parts of the world and scarcely an offence warranting long-term incarceration.
A few years ago, in his annual press conference Russian Foreign Minister Lavrov singled out the persecution of Vojislav Šešelj for particular criticism and cited it as one of the significant reasons for closing down the Hague Tribunal. The record of illegality and systematic professional misconduct that has characterised the Šešelj case makes Mr. Lavrov’s recommendation urgent and entirely appropriate. One should only like to add that after almost two decades of serious damage to international law it would not be enough to merely shut it down. Particularly in light of the paradigmatic nature of the abuses inflicted on Vojislav Šešelj, but no less for a long train of similar misconduct in a host of other cases, all the decisions and verdicts of the Hague Tribunal must be reviewed, the pernicious precedents it set dismissed, and its willing servants professionally disciplined.
On February 17, 1950, James Paul Warburg confidently declared to the United States Senate: “We shall have World Government, whether or not we like it. The only question is whether World Government will be achieved by conquest or consent.”
All UNO organisations including UNO must be banned immediately by Russia, china and others.
Take the Hague to the Hague, and never bring it back. While you’re at it, give it a Nobel Peace Prize. This was the year of the final straw. Every institution stands revealed and disgraced.
From Valdai now, moving on, we look for the new institutions. Courts of adequate jurisdiction to hang some of these criminals. This will happen. Lavrov said it right, that time ago, close down the Hague. Close down all the West.
A natural question comes to mind: does the resurgent powerful Russia, as one of the founders of the “ICTY” abomination in 1993, today have the legal means (and willingness) to abolish it?
Of course, those were the alcoholic Yeltsin years of infamy, when Russia was practically on its knees, plundered dry by the Zionist leaches external and internal, at the mercy of the West … when the infamous UN SC Resolution 808 was approved.
Today, however, things are very, very different in Russia. Hence the above question.
The term “judges” is often peculiar in these bodies. The ECHR for example has “judges” who were not trial lawyers ever, but merely civil servants in the Ministry of Justice.
The definition of “Judge” is not one grounded in trial experience at any level in far too many cases in these organs in Europe
ICTY = Imperialist Criminal TravestY
It’s plain to see that the utter rotting corpse of Western imperialism has the institutions it deserves. Staffed accordingly indeed.
The same case for Laurent Gbagbo
Well there used to be a pretty famous US cowboy.. He said wiping out the native americans was a-okey by him because they had so much land and resources and they were not using it. Now another despicable amerikan who said killing millions of Iraq children was worth it says Russians need to go.. as the native Americans went.. Where the heck do these creatures crawl out from?
Russian Intelligence failed to Predict Yanukovych’s February Overthrow
Our specialists were warning of the high probability of an escalation of the situation in Ukraine in the context of political and economic instability, particularly under external influence. At the same time it should be acknowledged that the probability of an imminent instant seizure of power in Kiev with the support of militant groups of open Nazis was not considered at that time. Let me remind you that prior to the coup you mentioned, Moscow was implementing in full all its partnership commitments to Kiev.
We were constantly providing material and financial aid, without which Ukraine was in no condition to cope with economic difficulties that had become chronic in nature. To support our neighbours, material and financial resources amounting to tens of billions of dollars were mobilized. Unfortunately for many people in Ukraine this aid became, in time, so customary that its importance for the country’s survival was simply forgotten.
As for longer-term predictions, the Ukraine crisis was an entirely expected outcome of systematic activity by the United States and its closest allies. ….. as a result of this activity…..an entire generation was raised that is completely poisoned with hatred of Russia and with the mythology of “European values”. It has not yet realized that these values, even in the positive sense of the term, are not actually designed for Ukrainians. Nobody intends to set about boosting living standards in Ukraine or establishing these young people in Europe, which is itself having great difficulty coping with extremely serious challenges and threats.
The US “War on Terror” Gave Russia only a Temporary Respite
……Encouraged by the weakening and subsequent elimination of the USSR, American ruling circles did everything possible to ensure dominance over the major sources of raw materials resources in our country and in Central Asia, as well as the transit routes for their export. Washington planned to extend its sphere of direct influence to the regions of the Black Sea, the Caucasus, and the Caspian.
Russia’s post 1999 Revival and its forging Alliances with China, India and the other BRICS Has Alarmed the US
The American leadership clearly also disliked the prospects of Russia’s collaboration with China and India, the introduction of the practice of summits in the BRICS format, the successful activity of other organizations in which Russia occupies leading positions (the CSTO [Collective Security Treaty Organization], the SCO [Shanghai Cooperation Organization], and the EAEC [Eurasian Economic Community]), and the formation of the Customs Union.
The US aims to gain Control of Russia’s Energy, Food and Water Resources to Seal its Domination
……specialists are certain that no real substitute for hydrocarbons as the basis of power generation will emerge in the next few decades. Furthermore the understanding prevails in the West that the total capacity of nuclear, hydro, wind, solar, and other power stations will meet no more than one-fifth of world demand.
Many American experts, in particular former US Secretary of State Madeleine Albright, assert that there are vast territories “under Moscow’s power” that it is incapable of exploiting and which therefore “do not serve the interests of all humanity”. Assertions continue to be heard about the “unfair” distribution of natural resources and the need to ensure so-called “free access” to them for other states.
http://russia-insider.com/en/military_politics_ukraine_opinion/2014/11/06/12-21-43pm/top_spymaster_explains_how_russian
http://stratrisks.com/geostrat/21523
I agree regarding the Hague-Charade, but please, Seselj is an idiot. His best achievement is that he fed the press whores with a display of stupid radical nationalism and historical revisionism, thus helping demonize Serbs in the west.
Other than that, he’s yet to do anything productive or positive for his country. He’s just a snake-oil seller with a big megaphone.
“The other Gulags”, of which we never had news.
All this happened in Spain with the approval of the US and the major European powers, ie their capitalist.
Today, decades after, an Argentina judge gives voice to survivors and relatives and claim the accused through extradition warrants to Interpol, receiving the current Spanish government’s refusal to hand over the suspects.
Ever will see these testimonies collected in a volume or volumes?
Ever will receive this work the Nobel prize?
“The testimonies collected by the judge Servini
So were tortured during the Franco dictatorship”:
http://www.rebelion.org/noticia.php?id=192041
Oil Price Slide – No Good Way Out by Gail Tverberg
The world is in a dangerous place now. A large share of oil sellers need the revenue from oil sales. They have to continue producing, regardless of how low oil prices go unless they are stopped by bankruptcy, revolution, or something else that gives them a very clear signal to stop. Producers of oil from US shale are in this category, as are most oil exporters, including many of the OPEC countries and Russia.
Europe and Japan are having difficulty being competitive in today’s world. A drop in oil prices will help a bit, but their problems will mostly remain because to a significant extent they relate to high wages, taxes, and electricity prices compared to other producers. The reduction in oil prices will not fix these issues, unless it leads to lower wages (ouch). The reduction in oil prices is instead likely to lead to a different problem–deflation–that is hard to deal with. Deflation may indirectly lead to debt defaults and a further drop in oil demand and oil prices.
US also talks about allowing an increasing amount of crude oil exports, as its oil from shale formations rises. This increase would make the surplus of oil on the market worse, and world prices lower, if oil demand does not pick up.
If oil prices are too low, subsidies for food and oil will need to be cut, as will spending on programs to provide jobs and new infrastructure such as desalination plants. If the cuts are too great, there is the possibility of revolution and rapid decline of oil production. Virtually none of the OPEC countries can get along with oil prices in the $80 per barrel range
It is less likely that shale drillers will intentionally cut back quickly. The shale drillers have taken on leases on huge acreage and are reluctant to step back now. For one thing, part of their costs has already been paid, reducing their costs going forward on acreage already under development. They also have debt that needs to be repaid and many contractual arrangements with respect to drilling rigs, pipelines, and other services. Some may have futures contracts in place that will soften the impact of the oil price drop, at least for a while. Because of all of these factors, there is a tendency to continue business as usual, for as long as possible.
If Lower Oil Prices “Hang Around” for Months to Years, What Could this Mean?
We are in uncharted territory, in such a situation.
One of the big issues is potential deflation. The issue seems to be not only lower oil prices, but lower prices for many other commodities, as well. The concern is that wages will drop, as will government receipts
Unless governments figure out a way to “fix” the situation, this situation will make debt repayment very difficult. Lower debt will tend to reinforce the low prices of oil and other commodities.
With all of the debt problems, there is a question of how well international trade will hold up. Will would-be explorers trust buyers who have recently defaulted on their debt, and don’t look likely to be able to earn enough to pay for the goods that they currently are ordering?
In some ways, the oil prices situation reminds me of driving down a road where we have been warned to look carefully toward the left for potential problems. In fact, the potential problem is in precisely in the opposite direction–to the right. The problem gets overlooked for a very long time, because most of us have been looking out the wrong window.
http://ourfiniteworld.com/2014/11/05/oil-price-slide-no-good-way-out/#more-39369
Nazanin Armanian analyzes the global geopolitical context in a conference Xarxa en Lluita de l’Horta (Valencia).
“The division of the world or the Empire of Chaos”:
Mentioned at the end of the missed Yemen, a country with lovely people that never makes the headlines except to talk about terrorist attacks, which have a superbly cooked generation (those who came to study in the former USSR and Cuba and should be in charge), and where they knew the real socialism (former South Yemen) watching involution (to Middle Age) suffered after the “unification” of the country, the progressive forces also have something to say.
http://www.rebelion.org/noticia.php?id=192057
To the kindhearted yemeni people
( Fond memories fo your country ):
https://www.youtube.com/watch?v=yLpQrm3jdqw
https://www.youtube.com/watch?v=Szy-d5zVXjA
I want to introduce you to Mr. Chris Black. He is an international lawyer who worked in the Hague. In this article http://www.globalresearch.ca/rwanda-and-the-criminalisation-of-international-justice-anatomy-of-war-crimes-trials/5408604 he exposes the criminal nature of these tribunals. He personally knows Seselj and Milosevic as well as many others who are used by NATO to hide their crimes. Mr. Black, better than most, knows first hand that there is no justice in these tribunals.
Let us not forget Laurent Gbagbo – who stood up against the French/Sarkozy and is rotting in there too………
History is written by the victors.
It follows that War Crimes tribunals will be conducted only by the victors.
It DOES NOT FOLLOW that the victors didn’t commit any such crimes.
The fact that the victors may have also committed such crimes does not make the charged losers innocent.
to abandon the hardline-stance and (pretend to) seek eu-membership does not necessarily has to be treachery.
serbia was in a difficult position, and it was getting nowhere. from a strategic perspective, it was probably best to (pretend to) surrender.
open opposition is not always the best way to fight a much bigger enemy.
Funny how people that are inconvenient to them get sick in their custody.
Paul Greenwood said… 15 November, 2014 07:50
“The term “judges” is often peculiar in these bodies. The ECHR for example has “judges” who were not trial lawyers ever, but merely civil servants in the Ministry of Justice.
The definition of “Judge” is not one grounded in trial experience at any level in far too many cases in these organs in Europe”
The judge in the trial against Milosevic may or may not have studied law, but earlier in his life he was a minor British politician for a while. I was chocked when I heard about it. This was the talk of a mailinglist years ago.
Vineyard of the Saker, I am deeply disappointed.
I cannot believe that you have come on the level to defend such a lunatic and warmonger as Seselj is.
Even Serbian government does not want to have anything with this idiot.
Shame.
I cannot believe what I just read.