Début du message transféré :
Date: Mon, 2 Jul 2001 19:03:36 +0000
From: Human Rights Watch <hrwatchnyc@igc.org>
To: hrw-news@igc.topica.com
Subject: Transfer of Milosevic Founded in International Law
Transfer of Milosevic Founded in International Law
(The Hague, July 2, 2001) The transfer of Slobodan Milosevic to the war
crimes court in The Hague is a historic precedent with a sound basis in
international law, Human Rights Watch said today. Since 1998, eight
Security Council resolutions have called on the Yugoslav government to
cooperate fully with the International Criminal Tribunal on the former
Yugoslavia.
"Yugoslavia has an overriding obligation under international law to
cooperate with the tribunal," said Richard Dicker, director of Human
Rights Watch's international justice program. "The legal basis provided
by international law for the transfer not only of Milosevic but of all
indicted Yugoslav citizens is unshakable."
On Friday, Serbian Prime Minister Zoran Djindjic invoked Yugoslavia's
obligations under international law to support the transfer. Some in
Yugoslavia are questioning the transfer, however, asserting that it may
have violated Yugoslav law. "If Yugoslavia were to invoke domestic
legislation as a reason for not fulfilling its obligations under
international law it would run against the basic principles of
international law," said Dicker.
The tribunal was created in 1993 by U.N. Security Council resolution
827, which obliged all U.N. member states to "take any measures
necessary under their domestic law to comply with the tribunal." The
U.N. Charter's article 25, in turn, obliges member states to implement
Security Council decisions.
Since 1998, four Security Council resolutions specifically called on the
Yugoslav government to cooperate fully with the tribunal. They are:
resolution 1160 (March 31, 1998), para. 17; resolution 1199 (September
23, 1998), para. 13; resolution 1203 (October 24, 1998), para. 14; and
resolution 1207, (November 17, 1998), paras. 1-4. Two additional
resolutions called on all parties to the Dayton Accords, which included
Yugoslavia, to cooperate. These are resolution 1247 (June 18, 1999),
para. 3; and resolution 1305 (June 21, 2000), para. 3. Resolution 1244
(June 10, 1999), para. 14, and resolution 1329 (December 5, 2000), para.
5, called on member states to cooperate with the tribunal.
For more information on the transfer of Slobodan Milosevic to The Hague,
please see:
Milosevic and the Chain of Command in Kosovo (HRW Backgrounder, July 2,
2001) at http://www.hrw.org/press/2001/07/chain-of-command.htm
Milosevic Arrest Breaks Ground on International Justice (HRW Press
Release, June 28, 2001) at
http://www.hrw.org/press/2001/06/hague0628.htm.
Milosevic Arrest: Justice Imperative (HRW Campaign Page, last updated
July 2, 2001) at http://www.hrw.org/campaigns/serbia/index.htm.
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