A suggestion becomes a request, if not complied with. A request becomes a demand. A demand will become an order. If the order is not followed, the door will be shut close.
--- November 2003, US officials including Pierre Richard Prosper asked the ICTY chief prosecutor to postpone an indictment against 4 Serbian generals involved in war crimes in Kosovo.
Prosper said: "We requested a delay, to maintain it sealed. We don't ask so much. When a Secretary of State, (Colin Powell) is saying something it is a message to be taken seriously&Everyone wants to revaluate our relationship, what we are obliged to do and what is a matter of courtesy."
Del Ponte: "When your wishes are not accepted, they become orders. But one cannot give orders to judges in view of fact that such a decision is under their competence."
Prosper: "No one says it is an order, but a request. You have to pay attention to what is said to you. Not doing so would impact on things. You depend on us for many things. We are not happy. We had an open doors policy. Now, you may have to knock!"
Ambassador Sacirbey: The door is closed to you personally and to your career. There will be no invitation to Davos or next year's office Christmas party. You will not have an office, period. Since there's no election, but only selection, some believe that they have the absolute right to dictate performance. The criteria are not objective but rather subjective. Their measurements are not legality or justice but compliance, obedience. As a defense, we can only hope for the sense of professionalism, a commitment a bit of courage and willingness to be transparent, to speak up to the masters as well as down when duty and principle call.
Obedience Contaminates, It is Not Passive
Rather, It Becomes an Ever More Demanding Mistress
Sylvie Matton: The story of Srebrenica's betrayal is one where the initial complicity with a mass murderer leads to partnership with his plans. As Carl Bildt admitted: "Republika Srpska was dealt at the end of May (1995) in Belgrade, "(with Srebrenica, Zepa and Gorazde incorporated). This ended in at least acquiescence to the genocide of Srebrenica.
Ambassador Sacirbey:It is easy to lose perspective when you are called upon for that first seemingly innocent kiss with a lie. It is necessary for your career and pay. And, besides that, it is a thrill for someone stuck holding a pencil above his rather cold, wooden desk in a rather unimaginative office. It is a bit of flirtation, followed by seduction.
Some are seeking for the seduction again. Some never really had until it they became involved in the Bosnia affair, like Holbrooke. That is why Milosevic seduced both Bildt and Holbrooke, and after the baby was delivered, they are still stuck paying child support for Milosevic's child.
Florence Hartmann: At Dayton, the big powers have rewarded those who, a couple of weeks earlier, systematically deported and killed the Muslim population of the enclave, allowing them to repopulate the area in order to modify its ethnic structure. Since then, they have never stopped supporting the genocide by refusing to try its main architects and in discouraging the ICTY to point to Milosevic's responsibility. Even if they did not succeed in keeping Milosevic immune for genocide in Srebrenica because of overwhelming independent sources of evidence, there was clearly advance knowledge and participation by Milosevic. However, what happened in 1995 and since then makes our leaders the accomplices of the worst killing in Europe since the Holocaust.
Paying Child Support for Milosevic's Baby
Sylvie Matton: When Holbrooke said on television that he had instructions "to sacrifice Srebrenica, Gorazde, Zepa," I contacted him. By email he responded that this meant that both the populations as well as the territory were to be sacrificed.
Ambassador Sacirbey: The "deal" with Milosevic may not have been in writing or even explicitly recited. Why would they have to say when there was an understanding of the minds: Allowing Srebrenica, Zepa and Gorazde to fall, "sacrificing" these "safe areas" would create the new "facts on the ground" that Milosevic was insisting upon. As they were unable to pressure us to negotiate, trade away the three offending eastern enclaves, they would let Milosevic, Mladic and Karadzic rape these towns of their people and history.
Motive for Closing Down the ICTY Before Justice Is Served
Sweeping Under the Carpet Their Affair With Milosevic
Florence Hartmann: I fear that this is one of the main motives in trying to shut down the ICTY even if Mladic and Karadzic had not been arrested. And, in the case they would be arrested, after the ICTY had been closed, trial before any other judiciary, including the Court of BiH, "will most likely lead to a reshaping of the indictment. This will make possible to sweep under the carpet all what is disturbing, namely the predictability of the war, the Srebrenica massacres and all that would illustrate the past failures, mistakes and compromising by big powers.
Ambassador Sacirbey: So Bosnians & Herzegovinians are made most to pay child support, and besides have to keep silent as not embarrass them about their seduction by and affair with Milosevic.
Who Will Pay The Price, Besides Truth Itself
Sylvie Matton: Those who dare speak the truth and challenge their version of history may also have to pay the price.
Florence Hartmann: We may suspect that Karadzic and Mladic are holding secrets on the role of the international community during the war, on the hidden aspects of Dayton, on the betrayal of Srebrenica. Milosevic had no reason to reveal the "secrets" because his defense strategy was to deny any involvement in the crimes in Bosnia. That is why he focused his entire defense denial on Kosovo by blaming NATO and others. Karadzic and Mladic had dejure command responsibility over the troops that had committed the crimes in Bosnia, and they, as Milosevic did for Kosovo put the blame on the big powers by disclosing their "secrets."
Sylvie Matton: As long as there is no answer before a court, accountability for Srebrenica and Zepa, they can continue to deny even after they admit, like Richard Holbrooke. And, I understand he and Bildt are still frequent guests in Bosnia. Looking for the thrill again, perhaps?
In Hindsight, Non-Arrest and Srebrenica are "Inseparable"
Florence Hartmann: The persisting refusal by the big powers to arrest Karadzic and Mladic, or to ensure their surrender to the Tribunal, appears, with hindsight, inseparable from their lack of will to prevent the Srebrenica massacres.
Del Ponte has warned the United Nations Security Council of the consequences if it does not pass a resolution stating that the Tribunal will not close its doors until Karadzic and Mladic are arrested and transferred to The Hague. Del Ponte cautioned in 2007, that: "If the court no longer exists its warrants against Karadzic and Mladic will become invalid."
However, there appears to be a rush to close the doors:
---2004, in order to get the Tribunal to put an end to its work in short term, Ambassador Prosper promised to Belgrade to prevent new indictments against high level suspects presumably in exchange for some arrests. A large number of fugitives beside Mladic are in Serbia at that time.
---28 September, 2004, Ambassador Prosper asks Del Ponte to sacrifice justice, partially: "Let's be realistic. You will not get all the documents you have requested, all fugitives&How much is enough?"
Del Ponte responds: "That is dangerous."
How Could you Indict,
"When We Have Not Provided Anything To You
---November 2004, when the ICTY Office of the Prosecutor was about to issue its last indictment in accord with UNSC Resolutions 1503 and 1534 putting an end to the ICTY investigative mandate on 31 December 2004, the US Government pressured Del Ponte not to bring charges against a Kosovo Albanian suspect, Haradinaj, who was looking for US support to become Prime Minister of Kosovo. A High Representative from the US Department of State told Del Ponte: "How could you collect enough evidence to indict him when we have not provided anything to you&"
---22 November 2004, in New York, Pierre Richard Prosper warns Del Ponte: "My Government thinks that the indictment is a problem. Different countries want the US to take the leadership to tell you whether it should be an indictment or not an indictment."
When All Else Fails, Falsify the Evidence
Florence Hartmann: The Kula Tape, a key video, in the Milosevic prosecution related to the "Red Berets," Serbia's State Security special forces, was provided by a protected source to the Tribunal through the US. The US Administration held for one year the tape before transmitting it to the Tribunal. In the meanwhile, the US provided to the ICTY Office of the Prosecutor a transcript of the tape which appeared later to be completely altered, with "not audible" mentions and wrongly transcribed names. When the OTP finally received the tape to review it for itself, we were able to make a new transcript. In fact, there were no parts that were not audible, and the names/persons could be readily recognized. Those names belong to the main players from the Serbian police structures involved in Milosevic's criminal enterprise. The altered transcript, by the US administration, contributed to the delays, the OTP loosing one year before being able to use it in Milosevic's prosecution.
Ambassador Sacirbey: Were these Serbian police, formerly part of Milosevic's enterprise, now recruited into someone else's secret war?
In early 2003, I was in contact with the ICTY and Milosevic Prosecution team as a potential witness. After one rather lengthy interview with the team over the telephone, I was unexpectedly picked up by the US Marshals purportedly for extradition to BiH. Putting aside any discussion here of the validity of such extradition request or allegations behind it, I was surprised by the timing and manner. First, I had always offered to the State Department and Government that I would make myself immediately available. Instead, they came hammering on my apartment door at and took me away in cuffs.
While I was in solitary confinement, denied bail, the Milosevic Prosecution could not locate my whereabouts. When they located me, their request to interview me was not outright denied but stalled for months, despite the existence of a treaty obligation with the ICTY for the US to provide ready and prompt access to potential witnesses.
Once the Milosevic Prosecution was finally to be given access to interview me in Federal prison, the State Department insisted on being present during my testimony, despite a treaty obligation to the contrary and the protest of the Milosevic Prosecution team.
Only after I was able to secure bail and after 16 months in "federal detention" the Milosevic Prosecution team, led by Sir. Geoffrey Nice, and I were able to continue exchanging notes. This was September 2004, and three days of interviews in New York.
Finding a Fall Guy for Srebrenica
Ambassador Sacirbey: The Milosevic Prosecution team also informed me that they were told that I had met with some undisclosed Serbian official in May of 1995 in Canada and had made a deal for the betrayal of Srebrenica. They, the Milosevic Prosecution team did not either believe in this allegation. Still, the only point that was easy for me to show was that I actually had not been in Canada from 1993 to 1997. Further, I had no meetings with any Serbian official during that period, although a negative is always problematic to prove.
Why bring this story into the article here? Simply, almost from the day that Srebrenica fell, we started to hear rather loud rumors that we, the BiH Government had made a deal for the betrayal of Srebrenica. But then, this was always the response to any massacre, from Sarajevo to Srebrenica: "the Bosnians did it to themselves." However, this was not just the retort from Belgrade or Pale, but it was often whispered with deafening intensity by officials from the big powers. It was even more effective when persistently stated rather than shouted. Remember Lewis Mackenzie.
Out of caution, rather than suspicion, I asked President Izetbegovic regarding the rumors, and if he had entered into any secret deal to abandon Srebrenica. He replied absolutely no.
Again, after I had initiated the campaign for the investigation at the United Nations of the betrayal of Srebrenica and Zepa, I met with immense resistance and hostility, within BiH and outside. Again I asked President Izetbegovic was there any truth to rumors that we, the Government of RBiH had betrayed or traded Srebrenica. President Izetbegovic's reply was: "No, but maybe I should have abandoned, when we were so much pressured to trade, (Srebrenica, Zepa and Gorazde). Perhaps those 8,000 murdered would be alive."
Whatever the rights and wrongs of President Izetbegovic's strategy or ideology, he did not betray Srebrenica. Rather, those who actually did betray these safe zones, (as well as undermining NATO, the UN and international legality), needed immediately to reflect responsibility for this crime upon others. They would at least make them suspects, in something.
To me it was always most telling why I was the one to be accused of making a deal, since I was not either in Canada during the relevant period or meeting with any Serbian officials. Certainly, I did not fit the temperament or inclination of someone even capable of such a deal. However, there was one characteristic that made me a potential target for disinformation. I was the instigator and had the long credibility within the UN circles and internationally to carry the charge that the big powers sold out Srebrenica, Zepa and intended the same for Gorazde. Simply put, my credibility needed to be damaged within BiH and with my many friends outside.
Some might say that they have done a good job of damaging my reputation. How many other BiH leaders, now, would want to take the risk and make demands for the truth and accountability?
*** Part III, the Rest of It!
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