The ICTY and ICJ are not the only entities advocating that the Srebrenica massacre was an irregular precedent constituting an unexpected and unprecedented change in the Serb strategy, resulting from Mladic's ill-minded decision of July 12th at Bratunac. The theory that this genocide was a result of unforeseeable last-minute decision was originally initiated years ago by some Western governments, which used this argument to explain to their constituencies that the Srebrenica genocide was something unforeseeable to them. Pauline Neville-Jones, the political director of the UK's Foreign Office at that time, reiterated recently on the BBC: "We didn't have the kind of information that would have led [us] to understand what their [Serb] next move was going to be. Perhaps, we should have known that one day they would have changed their game but we didn't." Read more 

THE IMPLICATIONS OF THE BUTCHER'S TRIAL                                              BY MO SACIRBEY | October 28

Sir Geoffrey Nice, (the lead prosecutor of the ICTY in the Milosevic case), while being interviewed by the BBC, has asserted the need to investigate the possibility of “complicity” in allowing the safe areas to be overrun by Mladic. The accusation is not that those who premeditated the betrayal of Srebrenica, Zepa and Gorazde, (the three United Nations “safe areas” and NATO “protected zones”), are guilty of direct conspiracy in the mass killings. That was not part of the “deal” or scheme implicit or explicit, yellow or green light given to Milosevic and Mladic to satisfy the latters’ territorial and political demands to come to the negotiating table, ultimately in Dayton in November of 1995. Read more

MO SACIRBEY TALKS THE FORTHCOMING TRIAL OF RADOVAN KARADZIC IN BBC NEWS    | October 24

Our Editor, Mo Sacirbey, made a TV appearance in a BBC News' documentary about the forthcoming trial of Radovan Karadzic. Coupled with Sir Geoffrey Nice, the chief prosecutor in the Slobodan Milosevic trial, they made far going statements casting doubt on the West's and UN's honesty in defending the enclave of Srebrenica in Bosnia in 1995, what resulted in unprecedented massacre and genocide. Follow the link below to watch it directly at BBC's website. Link

A PREVIEW OF THE FLORENCE HARTMANN'S CASE   | June 11, 2009

The international human rights organization, Reporters Without Borders, gave its official support to Mrs. Florence Hartmann, one of the EuropeanCourier.org's contributors on the Balkan and genocide issues. Mrs. Hartmann wrote a book, Peace and Punishment (2007), in which she criticized the ICTY's confidential agreement with Serbia to conceal material evidence of Serbia's direct involvement in the genocide in Bosnia in 1992-95. The concealment of that evidence resulted in Bosnia's losing of its parallel case against Serbia in the International Court of Justice for reparations. The ICTY has charged Mrs. Hartmann for revealing confidential information and for the contempt of the Tribunal. Of course, we don't want any of our contributors to write for the Courier from behind the bars. So here is a material disseminated by her defense team to some international media outlets, including the text for which she was indicted. If sentenced, she could spend 7 years in prison. Read more

ALTERNATIVES TO THE EXCLUSIONARY RULE IN U.S. LAW  BY SEBASTIAN AULICH | January 18, 2009

It perhaps will not be an overstatement to say that Mapp v. Ohio, 367 U.S. 643 (1961),

has been one of the most important cases decided by the U.S. Supreme Court in the last century. Its importance can be measured not only by the impact the ruling has had on

the law enforcement’s investigation techniques, but also as it relates to civil rights concepts and the notion of judicial activism. Read more

KOSOVO AND THE INTERNATIONAL COURT OF JUSTICE

BY BINOY KAMPMARK | December 10, 2008

Never say never is an assertion of international law. One state’s legal claim is

another’s contention for illegality, and this has proven to be little different in the

context of Kosovo’s unilateral declaration of independence which took place on February 17 this year. Russia has made ample and conspicuous use of the precedent, backing the autonomous regions of Abkhazia and South Ossetia, most notably after

the security measures taken by Georgia. Read more

ICTY'S SECRET EVIDENCE   BY MO SACIRBEY | November 27, 2008

The evidence suppressed by the ICTY at the behest of Serbian authorities as part of the Milosevic case, is not only terribly relevant, but far more damning to Belgrade and certain big powers than anticipated by most outside the inner circles. The release of this evidence would open-up new questions and the search for further culpability. From that which has leaked out, there is more than enough cause to pursue the review and investigations further. Read more

HARTMANN: THE AL CAPONE JUSTICE   | November 16, 2008

Here is a new interview with Mrs. Florence Hartmann, former spokesperson of the Prosecutor’s Office of the ICTY, who has been recently criminally indicted for disclosing confidential information showing behind-the-scene political calculation in the operation of

the ICTY and its administration of justice. We discuss the Karadzic trial, Karadzic-Holbrooke deal and Mrs. Hartmann's own criminal case at the ICTY. Read more

SEN. TED STEVENS' TRIAL   BY SEBASTIAN AULICH | October 8, 2008

The EuropeanCourier.org attended on Wednesday, October 8, the trial of Republican Senator Ted Stevens of the great State of Alaska. I am telling you, Alaska is of a special interest during this year’s political season. We have recently both Alaskan political starts in the spotlight: the Governor, Sarah Palin, and the Senator, Ted Stevens. The Senator is broadly known for sponsoring the “Bridge to Nowhere” project, and the Governor for destroying this pork barrel idea. Both vote for John McCain and both face the election in November. Read more

HARTMANN'S INDICTMENT: CHOKING INFORMATION FLOW FROM WAR CRIMES TRIBUNAL?   BY MO SACIRBEY | September 11, 2008 

Florence Hartman will appear October 13 at the International War Crimes Tribunal for the former Yugoslavia, (ICTY), no longer as the Tribunal's spokesperson but as a defendant charged by the same court for contempt. Ms. Hartmann could face up to 7 years in prison and/or monetary penalties for disclosing purportedly confidential information related to the trial of Slobodan Milosevic, (even if this occurred after Milosevic had died and the trial was terminated, in 2007 and 2008). This unprecedented action has implications beyond the ICTY as well as raising questions regarding the purpose of this "indictment," the broader consequences for international legal practice and access to information and evidence. Read more

PROF. INGRAO: THERE IS EVIDENCE OF HOLBROOKE’S DEAL   August 8, 2008

Here is an interview with Prof. Charles W. Ingrao of the Purdue University’s Department

of History, the head of the Scholar’s Initiative: Confronting the Yugoslav Controversies,

who claims that a group of scholars under his leadership conducted a scientific research

(interviews and documents analysis) confirming the existence of illegal deal between the

Democratic administration of Bill Clinton and Radovan Karadzic, to help the latter escape

justice and prosecution from the ICTY. Read more

THE 'KARADZIC-GATE'   BY SEBASTIAN AULICH | August 3, 2008

  
Radovan Karadzic appearing, for the first time on July 31, 2008, before the International Criminal Tribunal in the Hague, made a shocking (or perhaps not) statement that the Clinton Administration made a secret deal with him to prevent his arrest and obstruct the indictment at the ICTY, if he withdrew from the politics in 1996. According to Karadzic, the offer was conveyed to him by Richard Holbrooke, who acted on behalf of the U.S. government. Karadzic was cut short by Justice Orie, who said that there will be time later on for such kind of statements. Following up the next day, Karadzic submitted a letter to the Tribunal with some more details pertaining to his allegations. Read more
      

THE KARADZIC'S TRIAL BLOG   July 24 , 2008

The EuropeanCourier.org started a blog in which we will be posting information, documentation, links to interesting articles and legal analysis relating to the trial of Radovan Karadzic at the International Criminal Tribunal for the Former Yugoslavia. Click on the picture on the right and you will be redirected to the blog.

EUROPE AFTER LISBON   BY FAYE KARAVASILI | April 17, 2008

Perhaps the most significant change in the Treaty of Lisbon is the fact that the modus operandi it proposes is not different than that of any other Treaty with the exception of the Constitutional one. It does not repeal nor does it replace the existing documents as the Constitutional Treaty attempted to do with Article IV-437 but it merely complements and amends them, the same way Amsterdam and Nice have done in the past. Read more

UNITED NATIONS' EVOLUTION   April 13, 2008

- an interview with Amb. Christian Wenaweser, Vice-Chairman of the Open-Ended Working Group on

Security Council Reform, the head of the Permanent Mission of Liechtenstein to the United Nations in New York City. Read more

BEHIND CURTAINS OF INTERNATIONAL JUSTICE   October 11, 2007

- an interview with Mrs. Florence Hartmann, former spokesperson of the U.N. International Criminal Tribunal for former Yugoslavia in the Hague and author of the book “Peace and Punishment” in which she describes the mechanisms and politics influencing the international criminal justice system. Read more

WE ARE ALL EQUAL   September 30, 2007

– an interview with Mr. Pierre Richard Prosper, former war crimes prosecutor at the U.N. Tribunal for Rwanda and former U.S. Ambassador-at-Large for War Crimes Issues (2001-2005). Read more

WAR CRIMES: COMPARISON OF TWO TRIALS   BY FAYE KARAVASILI | May 17, 2007

There is no doubt that the trials of Saddam Hussein and Slobodan Milosevic will forever be cited as a landmark of legal history but whether they will ever be considered a bright example of justice being served is a different question altogether. The trials shared a common goal, that of bringing ruthless criminals to justice, but when examined closely it becomes obvious that they do not seem to share many similarities at all. Read more

HUMAN TRAFFICKING IN A GLOBALIZED WORLD   BY MICHAEL MADSON | December 11, 2006

“Human trafficking is nothing less than a modern form of slavery,” says US Secretary of State Condoleezza Rice.Whether for farms or for factories, commercial businesses or for brothels, human trafficking has reached pandemic proportions. Trafficking, or “the recruitment, transportation, transfer, harboring or receipt of persons […] for the purpose of exploitation” is hardly a new phenomenon [...] Read more

USA: THE CORROSION OF CRIMINAL JUSTICE   BY SEBASTIAN AULICH | September 23, 2006

Ancient Romans used to say “summus ius, summa iniuria” – ‘the extreme law is the greatest injustice’ or ‘the utmost formalities are the utmost injustice’. The world’s history has shown that the degeneration of the criminal justice contributes greatly to the downfall of states and is a sign of rot within a political system. Read more

STATUS OF DEATH PENALTY IN INTERNATIONAL LAW   BY SEBASTIAN AULICH | July 22, 2006

The death penalty is an issue which figures prominently in philosophical, religious and political discussion, and has absorbed the attentions of law-makers and the public worldwide. Right wing politicians usually express strong support for capital punishment, while more moderate, liberal and leftist politicians openly oppose it and seek to eliminate the death penalty from national law. Read more

UNITED NATIONS' FIGHT AGAINST NUCLEAR TERRORISM   BY SEBASTIAN AULICH | June 6, 2006

War on terror has many front lines. Besides numerous intelligence agencies and military forces actively taking action to eliminate terrorist threat around the world, there are many other groups of people and organizations willing to contribute to this great effor. Read more

USA: ERRORS OF CRIMINAL JUSTICE SYSTEM   BY SEBASTIAN AULICH | June 1, 2006

Criminal justice system of the United States is frequently regarded as one of the best-organized and most efficient legal systems in the world. The United States itself hosts on its territory the world’s most renowned and prestigious law schools and international law firms. Read more