Adjudicating War Crimes In The Former Yugosalvia — страница 3

  • Просмотров 682
  • Скачиваний 12
  • Размер файла 23
    Кб

States had done so.(note 18) The Allies agreed that the Tribunal would consist of four members, each with an alternate; onemember and one alternate were to be appointed by each of the Agreement signatories. Decisionswere to be by majority vote,(note 19) conviction would require at least three affirmative votes, andthe Tribunal was to be in session for a one-year period.(note 20) Article VI of the Charter set outthe three categories of crimes for which the accused Nazis would be tried: 1) Crimes Against Peace- planning, initiating, and waging wars of aggression, or in violation of treaties, or the conspiracy todo so;(note 21) 2) War Crimes – violations of the laws and customs of war with an emphasis onill-treatment of prisoners of war and civilians in occupied countries;(note

22) and 3) Crimes AgainstHumanity – the murder of civilians based on religious, political, or racial grounds.(note 23) Inaddition to enumerating the categories of crimes for which the accused Nazi leaders would be tried,the Allies also specified in the Charter that 1) the principal leaders of state were not exempt fromprosecution; 2) obedience to superior orders would not be a viable excuse, though in extenuatingcircumstances it might mitigate a sentence;(note 24) 3) accomplices were responsible for all actsperformed by any person in the course of a common plan or conspiracy to commit a specificcrime;(note 25) and 4) the Tribunal had the authority to declare that a group or organization towhich an accused belonged was a criminal organization.(note 26) Further, the Tribunal was

requiredto state the bases for its findings of guilt and innocence,(note 27) and was accorded the right toimpose any punishment it deemed just, including execution.(note 28) The seat of the Tribunal wasestablished at Berlin,(note 29) and Nuremberg was chosen as the place of trial because of theavailability of the Palace of Justice and its adjoining prison in the suburb of Furth.(note 30) Thestage was set for the first day of trial, November 20, 1945.(note 31) C. The United Nations International Tribunal to Adjudicate War CrimesCommitted in the Former Yugoslavia The summer of 1991 was a volatile one for the former Yugoslavia. Croatia and Slovenia declaredindependence on June 25(note 32) and a sporadic civil war began in Croatia between the majorityCroats and the Serb minority, who

had the backing of the Serb-dominated Yugoslav Federal Army.The political disputes between the federal Yugoslav government and the governments of theindividual republics that led to the secession of Croatia and Slovenia also affected the republic ofBosnia-Herzegovina. This Republic was a centrally-located region composed of 4.35 millionpeople, 43.7% of whom were Slavic Muslims, 31.3% Serbs, and 17.3% Croats.(note 33) TheSerb-dominated Yugoslav Federal Army, fearful of losing additional territory to breakawayrepublics, especially crucial air base facilities and arms production centers located inBosnia-Herzegovina, increased its support to the Bosnian Serbs, who began to take a hard-lineapproach in their negotiations with secession-minded groups in Bosnia.(note 34) On October 15,

1991, the republic of Bosnia-Herzegovina proclaimed its sovereignty and initiatedthe process to secede from what remained of Yugoslavia.(note 35) Pressure from all sidesimmediately began to mount upon the Bosnian government. The European Community required thatBosnia hold an independence referendum before it would recognize Bosnia as a sovereign State.The Bosnian Serbs, knowing they had the support of the Yugoslav Federal Army, were ready toresort to arms to prevent the republic from seceding.(note 36) Serbia, for its part, instituted aneconomic blockade against Bosnia-Herzegovina in an effort to coerce the region to remain in thenow Serb-dominated Yugoslavia.(note 37) Nonetheless, the Bosnian government proceeded withthe independence referendum on March 1, 1992. The Bosnian

Serbs boycotted the vote,(note 38)limiting the total turnout to only sixty-three percent of Bosnia’s total population. The ninety-ninepercent majority of voters in favor of independence was, therefore, not at all representative.(note39) The European Community formally recognized Bosnia-Herzegovina as a sovereign State onApril 6, 1992, effectively providing the Serbs with a pretext to begin a full-scale assault against thefledgling republic.(note 40) By the summer of 1992, the situation in Bosnia had deteriorated to such a degree that, on July 29,Muhamed Sacirbey, Ambassador and Permanent Representative of Bosnia and Herzegovina, sent aletter to the United Nations Security Council requesting its intervention.(note 41) Shortly thereafter,the Security Council passed Resolution