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Archivio Partito radicale
Bobbio Alberto, Bonino Emma - 6 ottobre 1993
"Balkan criminals must be sentenced."
The Tribunal against war crimes is not functioning. The Radicals are urging its organization. The Tribunal is in place but a public prosecutor is still missing.

"We will gather as many signatures as possible in order to shake the UN up", says Ms. Bonino. "We must not forget".

By Alberto Bobbio

ABSTRACT: The following article gives information on the development of the UN initiative for the creation of an ad hoc Tribunal for former Jugoslavia. A short interview with Ms. Emma Bonino.

(FAMIGLIA CRISTIANA, 6th October, 1993 )

By resolution N. 827 the UN Security Council established, with a unanimous vote, to establish an International Tribunal for war crimes committed in the former Jugoslavia. Defendants will neither be sentenced to death nor by default, but they will be entitled to a fair defence.

Will we see the authors of mass violence and rape in the Tribunal? Will we see the Lords of the Balkan war and the supporters of the aberrant idea of "ethnic cleansing" in front of the judges? Perhaps.

But the money is scarce and so is the will.

The resolution was passed last 25th May. The Tribunal was formed among huge difficulties: 11 judges, among whom the Italian Antonio Cassese, professor of law at the University of Florence. Nonetheless the public prosecutor is missing, the person who should take the role of the international prosecutor. In Italy, in Europe and in the major international fora this Tribunal is not discussed at length.

Some, however, have tried to shake the public opinion. Thus began, thanks to the radical party's initiative, a considerable collection of signatures (intellectuals, Nobel prizes, politicians) to be forwarded next month in New York to the UN General Secretary Boutros Ghali in order to urge a decision.

The Radicals fear that the atrocities in the Balkans will be forgotten. Why? Ms. Emma Bonino, Party Secretary, answers: "there is a widespread tendency to "leave the past behind".

What is taking place in Geneva is amazing: victims and executioners from the Balkans being welcomed with diplomatic and personal honours.

Perhaps arms will be silent, but justice is something completely different."

Italian President Scalfaro says he is "astonished" by the proposal to create republics on an ethnic basis. And you? "We are too. In practice, if ever this peace is stipulated, apartheid will take place in Europe. It is a shame".

Is this another crime that the Tribunal will have to judge?

"Certainly. All three warring parties, Croats, Muslims and Serbs, are to be held responsible at the same degree, and they all must be judged".

You Radicals, however, have always had a weakness for Croats, to such an extent that once Mr. Pannella wore a Croatian uniform..."

"That was before, at the beginning of the year, when President Tudjman had not yet become the actual dictator of Croatia. It is certainly true that there is always someone with greater responsibilities during a war, and this applies to the crimes as well.

But the Tribunal will be the one to decide, using extenuating circumstances and so on."

Will this Tribunal ever be made to function?

"We are fighting to achieve that. It seems to us that there are no firm proposals. At present much more money than the $31 million planned by the resolution is needed. The money needed to collect evidence and to protect witnesses has not been entered in the budget. Also, the Tribunal still lacks a public prosecutor. Moreover it seems that there is not even an agreement between the UN and the Dutch government, since its headquarters will be in The Hague. If it succeeds in doing this it will represent the first important step to organize a permanent body to prosecute violations of human rights".

 
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