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Faster
Justice for the Balkans
New York Times Editorial
November 28, 2003
In its nearly 10
years, the International Criminal Tribunal for the Former Yugoslavia
has been fair and thorough. But it has also been expensive and
lumbering. Now, at the urging of the Bush administration, the
Hague-based tribunal is speeding up proceedings by allowing those
accused to plead guilty to lesser charges. Plea bargains are controversial
for Europeans unfamiliar with the practice. But they make swifter
justice possible. Moreover, the confessions required for a deal
are finally helping the tribunal to fulfill one of its central
missions: persuading Balkan nations accustomed to considering
themselves victims that their forces committed terrible crimes.
The tribunal's new
urgency stems from the need to save money. Countries whose donations
finance the tribunal are perpetually deadbeat — the tribunal
stays alive by borrowing from the United Nations peacekeeping
account. The Security Council wants new indictments to end in
2004 and trials in 2008. But two of the Bosnian war's major criminals,
Radovan Karadzic and Ratko Mladic, are still at large, and they
must not be allowed to escape justice. Either the tribunal should
find a way to reconvene if they are caught later, or they must
be tried elsewhere, perhaps by the new International Criminal
Court.
The switch to plea
bargains means that some lower-level soldiers caught early get
longer sentences than superiors who can take advantage of the
new system. This is unfortunate, but even the reduced sentences
produced by plea bargains — as little as eight years —
are still acceptable. Soldiers who pleaded are also now testifying
against their superiors, which makes conviction more likely.
More important than
speed, the plea bargains are making the tribunal more credible
in the Balkans. Many Serbs have clung to the myth that they are
innocent victims and hold accusations of Serb war crimes to be
lies created by a biased tribunal. Last year, for example, the
government of the Serb portion of Bosnia issued a report about
the town of Srebrenica, where Serb forces executed 7,500 Muslim
men and boys in cold blood in 1995. The report said that the only
Muslims killed were soldiers, some of whom died fighting each
other.
Such a statement
could not be made today — not after commanders of the brigades
that assaulted Srebrenica detailed, as part of their plea agreements,
how Serb forces planned and carried out the massacre. Earlier
this month, another report by the same Bosnian Serb government
leaked — this one confirming that civilians were murdered
at Srebrenica. Recently the president of the former Yugoslavia
apologized to Bosnia for Serb crimes. In September, he and his
Croatian counterpart had exchanged apologies. Such acknowledgments
of guilt would not have happened if soldiers were not confessing
to these crimes, and they are crucial to breaking the cycle of
ethnic violence in the Balkans.
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