By Bob Dole
The Washington Post, 01 June 1999

The indictment of Serbian leader Slobodan Milosevic by the U.N. War Crimes Tribunal
provides
welcome news for the millions of surviving victims of his aggression. It constitutes a major step
toward justice for the principal architect of genocide in Bosnia, Croatia and Kosovo. It will also
promote stability in the Balkans by increasing Milosevic’s international isolation, while
decreasing his ability to maneuver.

The tribunal could and should have indicted Milosevic five years ago. Throughout this
period,
the Clinton administration has never called publicly for an indictment or stated publicly that, in
its judgment, Milosevic is a war criminal. The tribunal is therefore to be commended for taking
this action even in the absence of U.S. leadership.

Judging by its response to the indictment, the administration seems prepared to continue
efforts
to obtain a compromise Kosovo settlement with Milosevic. Contrary to reports that The Hague
tribunal’s move will complicate diplomatic efforts, the administration is moving blithely ahead
as though the indictment had never happened.

The administration should immediately abandon its current, ill-conceived diplomatic
strategy. As
the tribunal has recognized with the legal force of an indictment, in the past three months
Milosevic has orchestrated the murder of thousands of Kosovar Albanian civilians, the forcible
seizure and possible murder of more than 100,000 others, and the expulsion of more than a
million more.

It would therefore be incomprehensible for the administration to offer Serbia a deal that
contains
terms that are equal or more favorable to Milosevic than the terms he rejected at Rambouillet
immediately before the massive attacks. Yet this is precisely what appears to be happening. Even
to sit down and negotiate terms with an indicted war criminal would be a blow to American
moral leadership, a travesty of justice and a slap in the face of the tribunal. It would also let other
potential indictees know that, rhetoric aside, the United States will not let war crimes get in the
way of an eventual deal. More immediately, it would strengthen Milosevic politically, thereby
working directly at cross purposes with the war crimes indictment and stated U.S. policy
objectives.

Instead, the United States must immediately close all diplomatic channels to Milosevic and
insist
that Russia and other Serbian allies cease all contact with him — unless such activity is connected
to his arrest. Dispatching a proxy to Serbia may avoid the unpleasant image of a top U.S. envoy
engaged in meaningful dialogue with the butcher of Belgrade, but morally, it is no different from
direct talks.

In any case the United States should have nothing to say to Milosevic. The administration
has
stated that it is willing to have further contacts “if they are necessary to achieve our objectives.”
Such contacts are not necessary. NATO’s original objectives were for all Serbian forces to
withdraw from Kosovo and for all Kosovar Albanians refugees to return to their homes and be
able to govern themselves under the protection of a robust NATO force. These should be
non-negotiable and should therefore be delivered to Milosevic as demands: He can accept them
willingly, or NATO will achieve them through force. No special envoys, negotiations or
meetings are needed.

The indictment also necessitates an escalation of our goals: Milosevic must be removed from
power. The administration cannot reasonably expect the Kosovar Albanian deportees to return to
Kosovo with an indicted war criminal — and the very man who attempted to destroy them and
their society — as the guarantor of their security. It must also understand that dealing with
Milosevic and leaving him in power would condemn Serbia to a hopeless, undemocratic future
under the leadership of an isolated despot trapped withing its borders.

Finally, the United States must lead its NATO allies in bringing Milosevic to justice.
Democratization and the defeat of Serbian nationalism in Bosnia have not been possible in part
because leading war criminals have remained at large. This mistake must not be repeated in
Serbia. The United States and its allies must arrest Milosevic and transfer him to The Hague for
trial.

For eight years, Milosevic has carried out genocidal policies that have made him an
international
pariah. At long last, the U.N. War Crimes Tribunal has given legal weight to this reprobation.
Rather than negotiating with Milosevic, the United States should reinforce the principles of
justice embodied in the new indictment by purging Serbia of the source of its ruination.

The writer, former Senate majority leader, was the Republican candidate for president
in 1996.

Center for Security Policy

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