2.14.2002

Sovereign Immunity?

The presiding judge, Richard May, said that the court had already ruled on its own legality and that Mr. Milosevic's views "are entirely irrelevant."

Well, it's a good thing the court decided that it was itself a legal entity... The quote does rather wryly summarize the hopes and fears for the International Criminal Tribunals and the idea of a world justice system. The court says that it is legal, therefore it is? Where does the consent of the governed come in here? This is certainly no democratic system. On the other hand, it shows the wonky, ideal-world nature of international law, which is largely independent of politics, and therefore likely to judge by the merits of the case... but by whose merits?

The ousted Yugoslav leader said he would not begin his statement because there were only 30 minutes left before the court was to adjourn, and he did not want to be interrupted.

Call me a master of the obvious, but I'm guessing Mr. Milosevic will well exceed half an hour in his opening speech. This has got to be the most entertaining trial in a long time, as well as one of the most relevent. If he loses - and all the odds are against him - it could spell the end of sovereign immunity for ousted dictators. Of course, there are both positives and negatives associated with that. On the plus side, it's a true administration of justice against someone who has abused their office egregiously, and caused pain and suffering on a scale that Jack the Ripper could only dream about. Also, future dictators may tread more softly on the backs of their subjugated citizenry. On the negative side, it may make other dictators more recalcitrant and unwilling to leave their position quietly. Paranoia has never been a good thing in the hands of a man with a personal army, and the threat to other dictators could entrench them and cause more suffering than it prevents. Either way, Milosevic has proven a worthy opponent for any gladiator willing to meet him in the ring.

"Beyond the nationalist pretext and the horror of ethnic cleansing, beyond the grandiloquent rhetoric and the hackneyed phrases he used, the search for power is what motivated Slobodan Milosevic."

Enter Carla Del Ponte in shining armor. She's a prosecutor of the highest caliber, with more grit than a sandman's teeth. Her style is as bluntly eloquent as you could ask for; the only time you'll ever hear her beating around the bush is if "around the bush" happens to be Slobodon's middle name, and her impeccable English serves her well against the equally eloquent Serb. I'm putting all my money on Del Ponte, and I'd hold her up as a true role model for today's International Affairs majors. Stay tuned - I'll be sending around a petition to have the Statue of Liberty remodeled after this freedom-lovin' justice-babe.

Thanks to the NYTimes Online for the quotes.