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 giugno 2020 


Ministero degli Affari Esteri

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by Luca Liverani Fifty years after the Nuremberg trial we need to do more than a new Nuremberg trial. Almost half a century has gone by since the trial against the Nazi war crimes, and the international community has decided to make the first step towards the creation of a permanent international penal court. An organ of justice that needs to be more than just a revised edition of the Nuremberg trial, that was accused of being a trial of victors against the vanquished. Firstly because today the declarations in favour of human rights are countless, and contain binding juridical rules for all states. But also because the U.N. tribunal will exclude the application of the death penalty, will avoid sentences by default and will respect the inviolable rights of the defense. Emma Bonino, secretary of the radical party, is busy collecting signatures for an international petition to urge the United Nations to apply Security Council resolution 827 of May 25. The president of the Republic will receive her at the Quirinal, with a delegation of the promoters of the initiative. Q: Mrs Bonino, President Scalfaro launched a strong appeal in Venice in favour of the tribunal against the crimes against humanity, namely the ones committed in the former Yugoslavia. "Peace begins from truth", he said, saying that he was concerned about the fact that a cessation of hostilities could shelve the atrocities committed. Do you think its realization is materially possible? Q: The United Nations has already defined the technical and financial premises to allow both the tribunal against war crimes committed in the former Yugoslavia and the permanent international tribunal to begin operating soon. Obviously there are strong resistances against the realization of the two instruments. The problem therefore is a political one, and this is where the transnational radical party is working. The fact that the president perceived the urgency of the question goes to his honour as a jurist. But too many institutions and political forces have shown scarce attention on the problem and prefer to concentrate on sterile controversies such as the corruption scandal. On these themes too we need to recover the "nobleness of politics", its relation with the "values". Q: But what role can Italy play, which it has not yet played, in applying U.N. resolution 827? A: Among its many omissions, Italy also has some merits. In February 1993 the Amato government introduced a draft statute for the Tribunal on ex-Yugoslavia through its minister of Justice. The U.N. incorporated two fundamental principles into the Tribunal's permanent statute: the exclusion of the death penalty and of trials "by default". The Italian professor Cassese was also appointed judge of the tribunal. Now the government and the political forces must accordingly act to step up the nomination of the prosecutor, to allow the Tribunal to begin operating under resolutions 808 and 827. We are addressing an appeal to the Catholic forces that are working at the creation of peace to share this sense of urgency. This would mean renewing a cooperation that gave good results at the time of the campaigns against world hunger. Q: Many, however, view this initiative with skepticism: granted it is realized, how will a tribunal that has no international "judicial police" prosecute criminals? And can the realization of the international tribunal be the first step towards the actual reform of the U.N. in a democratic sense? Q: Your questions touch upon an issue which is unique and which represents the real problem of our time: promoting the respect pf the law and human rights in a world that seems to be sliding back into barbarity. The creation of a permanent tribunal, supported by an international organization, the U.N., with a greater democratic representation and equipped to enforce its own resolutions, the conventions signed by the member states and the sentences of the tribunal, is an essential step in the correct direction. Q: The latest news from Belgrade talk about a reprise of the negotiations after the last of countless failures. Do you think the tribunal can play a role in the peace process, or isn't there the risk instead that it will trigger off new rivalries? Q: The diplomacies of the states have huge responsibilities with respect to the horror that is going in the former Yugoslavia. It would be immoral and mistaken to want to build peace by forgetting the atrocities committed thanks to our cowardice: we cannot talk about a Holocaust for some and ask to forget about the crimes committed on others simply because that is the easiest solution. This would mean becoming the accomplices of the new barbarianism, which plays precisely on this sort of attitude. Q: What role can the creation of the international tribunal play on other conflicts, present or future? Will it act as a deterrent? A: The very idea of a permanent tribunal is unsettling and revolutionary with respect to the rigidity of inter-state relations, which are based on old schemes, totally inadequate for today's world. A world where, for instance, the Pope assumes responsibilities in promoting human rights at the universal and ecumenical level, overcoming national divisions and jealousies. There is a widespread need for the respect of universal rights. This is the correct direction to follow, while in the variety and richness of different cultures, ethics and values.

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[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ]

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[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ]

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[ Ex-Jugoslavia ] [ Corte Penale Internazionale e Tribunale Penale Internazionale ]

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