Chattanooga Times Free Press

After 24 years, a rich, emotional legacy for U.N.’s criminal tribunal

- BY MARLISE SIMONS

THE HAGUE — Embarrasse­d by its failure to prevent Europe’s worst atrocities since World War II, the U.N. Security Council created a tribunal in 1993 to track down and punish those responsibl­e for the horrific violence against civilians that convulsed the Balkans during the breakup of Yugoslavia.

Over its 24-year life, the tribunal indicted 161 people and heard from nearly 5,000 witnesses. It convicted people from all parties to the conflict on war crimes and crimes against humanity, though the largest number were Serbs. Six Bosnian Serbs, including the political leader Radovan Karadzic and the military commander Ratko Mladic, were convicted of genocide and sentenced to lengthy prison terms.

Its pioneering work, televised from the court, introduced a new vocabulary into the public realm. Terms such as “ethnic cleansing” and “mass rape as a weapon to destroy lives,” notions once confined to experts, are now widely used.

As the tribunal expanded the body of internatio­nal law that had lain mostly dormant since the trials at Nuremberg and Tokyo after World War II, it spawned an avalanche of scholarshi­p.

Other courts followed it, dealing with Rwanda, Sierra Leone, Cambodia and Lebanon. Many believe the tribunal provided the momentum for the founding of a permanent Internatio­nal Criminal Court.

But at a closing ceremony last week for the court, known as the Internatio­nal Criminal Tribunal for the Former Yugoslavia, the mood was sober.

The U.N. secretaryg­eneral, António Guterres, said “accountabi­lity has taken root in our collective consciousn­ess.” But internatio­nal criminal justice, he said, was still a “long-term undertakin­g.”

Speaking in the medieval Knights Hall in the presence of the Dutch king, WillemAlex­ander, Serge Brammertz, the tribunal’s chief prosecutor, said: “It seems as if today, there are more conflicts than in recent history.” He added, “The need for justice is immense, but so are the political barriers.”

The ceremony had the tinge of a memorial service, as fragments from witnesses’ testimonie­s were displayed on a giant screen and an actress read out heartbreak­ing accounts from victims of atrocities. Some in the audience were moved to tears.

The tribunal first captured the world’s attention late one night in 2001, when a helicopter dropped the man who until then was Serbia’s president into the courtyard of the U.N. jail near The Hague. Slobodan Milosevic became the first former head of state to appear before a modern internatio­nal war crimes court.

He died in prison of a heart attack in 2006, two months before his trial was due to end. Prosecutor­s were blamed for having been overly ambitious, bringing 66 charges covering three wars — in Croatia, Bosnia and Kosovo — which they said he had instigated.

The trial of Milosevic, though, revealed government archives and evidence that contribute­d to a different public mindset. “When I was in law school, it was normal for dictators to retire in the south of France,” said Diane Orentliche­r, a law professor at Washington’s American University. “All my students have grown up in a world where it’s normal to think a mastermind of atrocities must be brought to book.”

When the court was created, the wars of 1992-95 still raging, its outlook was anything but rosy: It lacked money, administra­tive staff and investigat­ors, and it faced tasks unlike anything prosecutor­s or defense lawyers had faced in national jurisdicti­ons. Evidence was often hidden in secret mass graves, and witnesses had fled. Crime scenes were riddled with land mines.

“The office felt a bit like the Wild West,” said Michelle Jarvis, a deputy to the chief prosecutor, who joined in 1997 as an intern. She recalled being told that “everything we do all day, every day, is difficult, there’s no precedent, there are no straight answers.”

Without an armed police force of their own, tribunal detectives struggled to find fugitives or deliver arrest warrants; NATO peacekeepe­rs initially said arrests were not part of their mandate.

The first low-level offenders from Bosnia arriving in The Hague served as a testing ground for new rules and laws. Judges went for guidance to texts of modern internatio­nal convention­s that had never been applied in trials, and had to turn them into applicable laws.

“It all felt so urgent, so important,” recalled Douglas Stringer, a former U.S. federal prosecutor who arrived in 1997. “People were watching closely to see if this court could fly, or if it would crash and burn. It wasn’t clear; it was all an experiment.”

 ?? FILE PHOTO BY ANDREW TESTA/THE NEW YORK TIMES ?? The coffins of some victims of the Srebrenica massacre are carried to a cemetery in Potocari, Bosnia and Hercegovin­a, on July 10, 2016.
FILE PHOTO BY ANDREW TESTA/THE NEW YORK TIMES The coffins of some victims of the Srebrenica massacre are carried to a cemetery in Potocari, Bosnia and Hercegovin­a, on July 10, 2016.

Newspapers in English

Newspapers from United States