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 giugno 2020 


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An interview with Emma Bonino, by Marina Mastroluca

Q: Mrs Bonino, the radical party is pressing for the constitution of an international court to judge the war crimes committed in the former Yugoslavia. Some have compared this to a new Nuremberg trial, forgetting perhaps that on that occasion the victors judged the vanquished. The question now is judging the victors in particular, with the consequent difficulty of prosecuting people who are considered heroes at home. Is a tribunal of this kind really needed, or is it a purely symbolical act? A: A permanent court to judge the application of the conventions signed by the member States is direly needed. The project of an international penal tribunal has been in the air for 20 years. Presently there is no penal instrument to punish serious violations such as human rights violations. It's like having a law that considers theft and murder as crimes and having neither a police force nor judges. Q: The principle of the punishability of the war criminals is indisputable. But can it realistically be used punish the culprits, especially if these are heads of state like Milosevic or internationally acknowledged leaders such as Karadzic? A: We're working on it. Clearly the tribunal won't solve all the problems. It is likely that no one will want to hand in Milosevic and Karadzic. But what we can do is turn them into international outcasts. The court's order is binding for the U.N. Member States, and an arrest warrant can be carried out by any police force. But apart from anything else, this would mean a moral condemnation. Q: There is a contradiction, nonetheless, between a diplomacy that negotiates with some of the people who have been placed on a first list of war criminals and a court that wants to judge them. A: Diplomacy and the law follow different procedures. Diplomacy has come to accept an intolerable degree of compromise on the question of ex-Yugoslavia. Look at the E.C., for example. For years it condemned apartheid in South Africa and now it suggests its application in Bosnia. It should instead be clear that anyone who wants to adhere to the Charter of the United Nations must assume responsibility for it. One cannot be a member of the U.N. and just violate the borders of another states. That is why it is important to make the existing conventions effectively binding. Q: Isn't there the risk that the court will be used to cover up the dirty conscience of the West? Couldn't it once again prove the international community's incapacity to enforce the principles it upholds? A: That is what will happen if Resolution 827 on the prosecution of war criminals in ex-Yugoslavia is not be applied. It will be a demonstration of the unreliability of the Security Council itself. We must make a decision. Either we create new instruments or we might as well scrap the convention on genocide. Or continue to resort to the use of force whenever we feel like it instead of strengthening the instruments of preventive diplomacy. Q: The U.N. is incapable of gathering enough blue helmets to enforce the six safe areas of Bosnia, decided months ago. The money for humanitarian assistance is also running out: the High Commissioner for Refugees has been insisting on the fact that the available funds will last barely until October. Where to find the funds that are presently one of the chief obstacles for the constitution of the tribunal? A: The required $31 m. are listed in the UN's ordinary budget, and do not depend on special financing. It is true that the United Nations has serious financial problems. On the other hand, the number of the U.N.'s tasks have dramatically increased since the collapse of the system created in Yalta. Between 1947 and 1989 there have been only 12 U.N. peacekeeping missions. There have been thirteen such missions in the last four years, five of which in '92 alone. The financial, political and military means, however, are the same as forty years ago. In these conditions, the new international order will not be unlike the law of the jungle.

Altri articoli su:
[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ] [ ONU e OMD ]

Comunicati su:
[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ] [ ONU e OMD ]

Interventi su:
[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ] [ ONU e OMD ]

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