The New York Times/Letters

Monday, May 31, 1999

A Battle in Kosovo: Justice vs. Peace

To the Editor:

Former President Jimmy Carter's prescriptions ("Have We Forgotten the Path to Peace?" Op-Ed, May 27) require action. The Serbian leader Slobodan Milosevic, now indicted for crimes against humanity, must be brought to trial. Other indicted leaders, like Radovan Karadzic and Gen. Ratko Mladic, must finally be arrested. If justice is traded for peace, more war will result.

Armed forced is lawful only when mandated by the United Nations Security Council. As was done in ending Iraq's aggression against Kuwait, the Council must authorize states to use "all necessary means" to restore peace to the Balkans. If the Council fails to discharge its responsibility, the United States should press the General Assembly to "unite for peace" as was done in justifying military force in Korea in 1950. The President should prove his respect for the rule of law by signing the treaty for the establishment of a permanent international criminal court.

Benjamin B. Ferencz

(The writer was a prosecutor at the Nuremberg trials.)