Reply #146: Why Ramsey Clark is defending Milosevic

[Tinoire]

Milosevic denied universal right of self-defense--
U.S.-Created Court Gags Yugoslav President

By Sara Flounders

In the most drastic maneuver yet to silence the truth of the U.S./NATO war on Yugoslavia, the International Criminal Tribunal for the former Yugoslavia (ICTY) on Sept. 2 denied former President Slobodan Milosevic of Yugoslavia the internationally recognized right to defend himself in court. This comes after the prosecution took two years presenting its side of the case. The ruling came on the very day Milosevic was finally to begin calling witnesses in his own defense.

President Milosevic vigorously presented his opening statement of his own defense in person for two days on Aug. 31 and Sept. 1, immediately before the Trial Chamber decided he "is not fit enough to represent himself." He was apparently "fit enough" to perform that task.

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The former president's introductory remarks set the tone for a strong indictment of the U.S., Germany and other NATO powers for their 10-year war of aggression against Yugoslavia. His defense case was expected to continue in the same manner, exposing the crimes of the imperialist powers in the Balkans.

Ramsey Clark, former U.S. attorney general and co-chair of the International Committee to Defend Slobodan Milosevic (ICDSM), stated in a letter to the court: "Under International Law, every person accused of a crime has the right to represent himself in person in the court.

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Over 100 legal experts, lawyers and jurists from 17 countries signed a letter entitled, "Imposition of Counsel on Slobodan Milosevic Threatens the Future of International Law and the Life of the Defendant." This letter urges the United Nations to allow Milosevic to continue defending himself against war crimes charges.

The internationally circulated letter warns that imposing a defense lawyer against Milosevic's wishes would violate international law. It is illegal even under the statute of the Yugoslav tribunal and also under the International Covenant for Civil and Political Rights.

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A COURT TO JUSTIFY OCCUPATION

U.S. Secretary of State Madeline Albright was behind this court's creation in 1993. Since then, it has been financed and organized by funds from the U.S. and Britain. Its 1,300 personnel are also overwhelmingly from Britain and the U.S.

From the very beginning the court has functioned to justify the U.S., British and NATO role in the break-up of the Yugoslav Federation.

The decision to charge President Milosevic with war crimes was made toward the end of the 78-day U.S./NATO bombing of Yugoslavia. By charging the elected Yugoslav president, the U.S./NATO forces placed increased pressure on him to capitulate rather than participate in the cease-fire negotiations or oppose the long-term U.S./NATO occupation of Kosovo.

The entire 1999 U.S. war against defenseless Yugoslavia, the bombing of every major city, the destruction of 480 schools and 33 hospitals, along with bridges, roads and the entire industrial infrastructure, was all presented by the imperialist propaganda machine as necessary to stop an alleged genocide in the Serbian province of Kosovo.

NATO officials constantly referred to "mountains of corpses" and "killing fields." In April 1999, the U.S. State Department claimed that 500,000 Kosovo Albanians had been rounded up and killed by Serbs. Other reports used the number of 100,000 feared dead.

NO MASS GRAVES

Just as the weapons of mass destruction have never been found in Iraq, the charge of massacres, mass graves, ethnic cleansing and genocide proved to be an utter fabrication in Kosovo.

Immediately after the war, 20 forensic teams were sent to Kosovo by the International Criminal Court at The Hague from 15 NATO countries, including the U.S.. They dug all summer of 1999 at the very sites where supposed witnesses had reported mass graves.

By October 1999 they reported back to Chief Prosecutor for the Tribunal Carla Del Ponte that they had been unable to find any mass graves in Kosovo at all. They had found a total of 2,108 corpses in individual graves. How many of that number may have been killed by the NATO bombing they did not speculate.

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http://www.iacenter.org/milos_0904.htm

((no copyright. full permission/encouragement to reprint))

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http://www.iacenter.org/milos_0904.htm

Statement by Ramsey Clark: Pres. Milosevic Denied Right to Defend Himself


September 2, 2004--Ramsey Clark, former US Attorney General and Co-Chairman of the International Committee to Defend Slobodan Milosevic (ICDSM) has made this afternoon the following statement:

Under International Law, every person accused of a crime has the right to represent himself in person in the court adjudicating his case. Slobodan Milosevic is no exception. The Trial Chamber of the International Criminal Tribunal for Former Yugoslavia has destroyed its last claim to legality by attempting to deprive the former President of Yugoslavia of this fundamental human right.

The appearance of President Milosevic representing himself alone during the prosecution case for over 2 years, nearly 300 trial days, cross examining nearly 300 prosecution witnesses, coping with 500,000 documents, and 30,000 pages of trial transcript then at the very beginning of his presentation of his own defense being silenced and lawyers he rejects placed in charge of his destiny, speaks of injustice.

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The very lawyers appointed by the Trial Chamber have a direct conflict of interest. They have served by appointment of the court as "friends of the Court". You cannot serve two masters. Having served as friend of the Court, that same counsel selected by the Court to represent President Milosevic cannot ethically serve as his counsel.

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The Trial Chamber must abandon this travesty and do its duty consistent with the health of the accused to faithfully, competently, independently and impartially hear the evidence, find the facts and apply the law.

Ramsey Clark
New York
September 2, 2004


http://www.iacenter.org/rc_milos0904.htm

Civil rights are for everyone. Even when the trial itself, just like the kangaroo one the US will give Iraq, is a travesty.