I am going to try and present information and facts as they are, then ask a couple questions at the end. The goal is to inspire a little bit of debate, so feel free to take any side on the issue which I ask on at the end of this post
There was an interesting turn of events yesterday, when former President of Yugoslavia Slobodan Milosevic was found dead in his prison cell. Most of you know who he is, but if you do not, he was facing a UN tribunal at The Hague for over 66 crimes, including genocide, crimes against humanity, and several war crimes. The trial had begun in 2002 and was set to conclude in a couple months. He had participated in ethnic cleansing in the Balkans. There is a very good graphic of what happened in the Washington Post, the full articles are available here.
So basically, in 1989 he became president of Serbia and strips Kosovo of its status as an autonomous province. In 1991, Croatia and Slovenia declare independence from Yugoslavia, and in 1992, Bosnia declares independence from Yugoslavia. In 1998, Milosevic sends troops to crush ethnic Albanian uprising in Kosovo, NATO air strikes begin the next year, and Milosevic is indicted by the UN war crimes tribunal. The NATO bombings end in June, when the Serbs withdraw from Kosovo. The Balkan wars of the 1990s ended with Yugoslavia broken up into five new states, Serbia/Montenegro, Croatia, Bosnia, Slovenia, and Macedonia. “The wars in Croatia, Bosnia and Kosovo cost nearly 200,000 lives, created 3 million refugees and left damages between $20-60 Billion.”
Here’s the interesting part about all of this. Slobodan was his own defense: he was a lawyer, and was speaking in his own defense. He died before the conclusion of his trial. This has created a huge mess, some wanted to see the trial completed and to see him “brought to justice” to borrow a phrase from our dear President. Others are happy that he’s gone. People blame him for the state of the Balkans now, some say that his abuse of resources had kept the area in poor production, without investment and corruption ridden. Milosevic however signed peace agreements brokered by the
US in
Dayton, and encountered high levels of opposition within his country.
So, given that a man has died before the end of his trial, what impact do you think this will have on tribunals in the future? Early reports indicate that he died of a Heart Attack, although suicide has not been ruled out as a possibility. So, food for thought:
What should be done when a person on trial dies during the trial? This is applicable to scenarios like murder trials inside the US, or international war tribunals like this one. is justice achieved when he’s dead, and cannot commit more crimes, or is there an element of justice in the actual proceedings of the trials, and does the judicial process arrive at some higher truth, and if it does, how can we arrive there now that he is dead? Can there be more justice achieved, even though he’s dead?
Thoughts/comments?
4 Comments:
I don't see the point of trying him if he is dead. Even symbolically. He is dead. End of story.
Would many people really care if they try Hitler now? Would it really matter? Symbolically or otherwise? I'm of the opinion, and correct me if I'm wrong, that we all agree that he is a very bad guy, etc. etc. (Except, of course, for skinheads.) But ... playing Law & Order and bashing a gavel on a bench and pronouncing his evilness doesn't really do anything at the margin - I'd think. I mean it's one thing if it would incite the two-minutes of hate (a la 1984) - but it wouldn't do 1/1000th of that.
That is sort of my point with Slobo. Yes he was evil. Yes he was a psycho. Yes he was a bad bad man. Saying so isn't going to change crazy people who believe his crap nor will it affect (most) people who believe that he was a bad bad man anyway. It will only appease those (in a decided minority) who believe in its symbolic value in the first place.
I wonder if not even so much as the resolution of the trial determining that he is a "very bad man" means as much as the trial process itself: questioning witnesses and arriving at the truth of what slobodan actually did and did not do during his reign. Is attempting to arrive at the truth worth trying him posthumously?
Wasnt that kind of the point of the Nuremburg trials, where we got a lot of information out into the open shedding a whole lot of light onto the Holocaust?
i just strongly doubt that this is really an optimal use of time and resources. that's all.
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