Checkmate: Milosevic’s Indictment Must Abort Clinton & Co.’s Misbegotten and Morally Repugnant Efforts to Deal with Him

(Washington, D.C.): History may regard today’s indictment of Slobodan Milosevic and
four of
his senior subordinates on war crimes charges as a turning point in the Balkan tragedy
precipitated a decade ago by the Serbian dictator. The Center for Security Policy has argued
throughout this sorry period that Milosevic and his regime are guilty of crimes against humanity
and must be removed from power if there is to be any chance for a real — let
alone a durable —
peace in southeastern Europe.

Now that the International Criminal Tribunal for the Former Yugoslavia has formally
indicted
him and his colleagues in connection with “the deportation of 740,000 Kosovar Albanians from
Kosovo and the murder of over 340 identified Kosovo Albanians” — and called upon all UN
member states to assist in the execution of the warrants against him — it is hard to
believe that
the Clinton Administration could actually proceed with negotiations that would relegitimate
his hold on power.

As the ICT’s prosecutor, Justice Louise Arbour stated this morning: “No
credible, lasting peace
can be built upon impunity and injustice. The refusal to bring war criminals to account would
be an affront to those who obey the law, and a betrayal of those who rely on it for their life
and security….The evidence upon which this indictment was confirmed raises serious
questions about [Milosevic and the others’] suitability to be the guarantors of any deal, let
alone a peace agreement. They have not been rendered less suitable by the indictment. The
indictment has simply exposed their unsuitability.”

Excerpts of Statement by Justice Louise Arbour

The Hague, May 27, 1999

On May 22, I presented an indictment for
confirmation against Slobodan Milosevic and four
others charging them with crimes against humanity – specifically murder, deportation and
persecutions, and with violations of the laws and customs of war. The indictment was confirmed
by a Judge of this Tribunal on May 24. The indictment was the subject of a non-disclosure order
which expired at noon today. I sought this order on the basis of security considerations, in
particular for the UN humanitarian mission which left the former Yugoslavia this morning.

The following accused are jointly indicted:

Slobodan MILOSEVIC, President of the Federal Republic of Yugoslavia,

Milan MILUTINOVIC, President of the Republic of Serbia,

Nikola SAINOVIC, Deputy Prime Minister of the Federal Republic of
Yugoslavia,

Dragoljub OJDANIC, Chief of the General Staff of the Armed Forces of
the Federal Republic
of Yugoslavia, and

Vlajko STOJILJKOVIC, Minister of Internal Affairs of the Republic of
Serbia.

Arrests warrants have been issued against all five accused and are being served on all
Member
States of the United Nations and Switzerland. The warrants are accompanied by a court
order
requesting all States to search for and freeze any and all assets of the accused under their
jurisdiction. This order was sought to prevent foreign assets being used for the purpose
of
evading justice, and to permit effective restitution to be made upon conviction. These provisional
measures are granted without prejudice to the rights of third parties.

This indictment is the product of intense efforts by a large number of people in my Office. It
does not represent the totality of the charges that may result from our continuing investigations
of these accused, nor does it represent our final determination of the responsibility of others in
relation to the same events. The present indictment is based exclusively on crimes
committed
since the beginning of 1999 in Kosovo. We are continuing to develop an evidentiary
base upon
which I believe we will be able to expand upon the present charges. We are still actively
investigating other incidents in Kosovo, as well as the role of the accused, or of some of them, in
Croatia and Bosnia in earlier years. We are also still investigating the role and responsibility of
others into the crimes contained in this indictment.

* * *

We have received, and we are continuing to receive valuable information from governments,
as
well as from groups and individuals. We are still awaiting further evidence that I believe many
States will be able to contribute to our larger investigation. I repeat my pressing call to them to
come forward and be responsive to our outstanding and future Requests for Assistance in relation
to evidence in their possession.

I also call upon all States to comply with the execution of these, and all outstanding arrests
warrants issued by the Tribunal. These warrants are issued under the authority of a Security
Council resolution, which requires all States to comply with the orders of the Tribunal. I call in
particular on the authorities of the Federal Republic of Yugoslavia, and especially on the
Minister of Justice, to stand up for the Rule of Law, and to request that all the accused
voluntarily submit to the jurisdiction of the Tribunal, or, should they fail to do so, to provide for
their arrest and transfer to The Hague.

* * *

Finally, I am mindful of the impact that this indictment may have on the peace process in the
Federal Republic of Yugoslavia. I am confident, as was obviously the [intent of the] Security
Council in creating this Tribunal and in calling upon it several times in the last year to address
this issue, that the product of our work will make a major contribution to a lasting peace, not
only in Kosovo, but in the whole region in which we have jurisdiction. No credible,
lasting
peace can be built upon impunity and injustice. The refusal to bring war criminals to
account would be an affront to those who obey the law, and a betrayal of those who rely on
it for their life and security.

Although the accused are entitled to the benefit of the presumption of innocence until they
are
convicted, the evidence upon which this indictment was confirmed raises serious questions about
their suitability to be the guarantors of any deal, let alone a peace agreement. They have not been
rendered less suitable by the indictment. The indictment has simply exposed their unsuitability.

An independent review by a Judge of this Tribunal has confirmed that there is a credible
basis to
believe that these accused are criminally responsible for the deportation of 740,000 Kosovo
Albanians from Kosovo, and for the murder of over 340 identified Kosovo Albanians. The
victims were entitled to expect protection from each one of these accused.

This indictment is directed against the five named accused. It is not directed against the State
of
the Federal Republic of Yugoslavia, nor against its people. Whatever the differences amongst the
citizens of the FRY, and the differences they may have with other nations, I believe that they will
expect their leaders who have abused their trust, to come to The Hague to respond to these
accusations.