THE GLOBAL POLITICS

Alternative electronic magazine on globalization of world politics

The Destruction Of Yugoslavia: International Justice Or NATO “Battering Ram”

With the March 24 ICTY decision condemning Former Bosnian Serb leader Radovan Karadzic for war crimes, exactly 17 years after NATO began its bombing spree on Serbia,  international criminal justice revealed itself once again as an instrument of US and NATO foreign policy.

[They chose that the 24th of March to render judgment regarding Karadzic iquite deliberately with a view to erasing the history of NATO crimes.]

If any doubts persist, it is worth remembering how the Former US Ambassador-at-Large for War Crimes Issues, David Scheffer, perceived that tribunal. Writing about it in his memoirs, Scheffer wrote unabashedly:

the tribunal was an important judicial tool, and I had enough support from President Clinton, Secretary of State Madeleine Albright, Secretary of Defence William Cohen, and other top officials in Washington to wield it like a battering ram in the execution of US and NATO policy. (All the Missing Souls: A Personal History of the War Crimes Tribunals, Princeton University Press, Princeton, 2012, p. 321. Our emphasis)

Justice Belied

Justice Belied, The Unbalanced Scales of International Criminal Justice provides essential background to understand how the whole international criminal law movement, of which the International Criminal Tribunal for Yugoslavia is a part, has in fact undermined international criminal law.

The late Michael Mandel did groundbreaking work on the question, particularly with his 2004 book, How America Gets Away With Murder: Illegal Wars, Collateral Damage and Crimes against Humanity. David Jacobs knew him well. Following is an excerpt from David Jacobs’s important contribution to Justice Belied, entitled “How the International Criminal LawMovement Undermined International Law— Michael Mandel’s Groundbreaking Analyses.” Read that article and more in Justice Belied, The Unbalanced Scales of International Criminal Justice, edited by Sébastien Chartrand and  John Philpot.

*       *       *

click to order book directly from Baraka books

How the International Criminal Law Movement Undermined International Law— Michael Mandel’s Groundbreaking Analyses

by David Jacobs, (Excerpt)

(…) As Michael put it, it is “the quite massive and unspeakable criminality of the world’s richest countries and particularly that of the United States of America.”[3]

The only rational assumptions are that international criminal law will be firmly subordinated to power, that impunity will be a perk of economic and military hegemony, and that the usual suspects will continue to be rounded up while America gets away with murder.[4]

Michael Mandel

Michael Mandel

Michael surgically eviscerated the foundational pretensions of the international criminal law movement in works such as his 2004 publication, How America Gets Away With Murder: Illegal Wars, Collateral Damage And Crimes Against Humanity. Michael’s view was that the old, anti-war order of international law, which recognised the sovereign equality of nations and anathematised unilateral aggressive war, had to be overthrown to legitimise the “new world order” crystallising after the end of the Cold War. The new order was characterised by the desire of the United States to violently and unilaterally impose “regime change” on governments it held in contempt. This new order needed legal sanction, and the international criminal law movement obliged by fatally undermining the old order governed by the UN Charter and the Nuremberg Principles.

Michael’s argument, made with unassailable logic, is that given the context of NATO’s illegal attack on Yugoslavia in 1999, the International Criminal Tribunal for the Former Yugoslavia (the “flagship”[5] post-Nuremberg tribunal first promoted by the movement), in turning a blind eye to the illegality of the attack, had no option but to become implicated in “the overthrow of international law and the UN Charter’s fundamental principles.”[6] Thus the ICTY (and by extension the International Criminal Court and the ad hoc tribunals such as the International Criminal Tribunal for Rwanda) had to fashion a “substitute legality”[7] in the form of the current face of international criminal law promoted by the international criminal law movement.

Michael’s starting points include the Charter of the United Nations: the “fundamental document of the old world order,” [8] the “world’s constitution,”[9]and the Nuremberg Principles.[10] The central tenets of the UN Charter are:

[T]he equality of states and the prohibition of the use of force in international relations. Violence is only permissible when authorized by the Security Council… The only permissible unilateral use of military force is the strictly limited right of self-defence, temporarily available until the Security Council can deal with the situation.[11]

The Preamble to the UN Charter expressly sets out as its goal “to save succeeding generations from the scourge of war.” Principle IV of the Nuremberg Principles sets out that crimes against peace, war crimes, and crimes against humanity are punishable as crimes under international law. Principle IV defines crimes against peace, in part, as “planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances.” In a statement often cited by Michael in his writings and speeches, the judgment of the Nuremberg Tribunal famously declared:

War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.[12]

Michael pointed out that collateral to the establishment of the various new international criminal tribunals to try war crimes and crimes against humanity was the 1999 war over Kosovo “fought under the legally preposterous claim of unilateral ‘humanitarian intervention,’” and the “mortal blow” to the UN Charter of the 2001 war against Afghanistan, “under the equally preposterous claim of self-defence.”[13]

It is in the furnace of the NATO attack on Yugoslavia that the ICTY and the “substitute legality,” which the international criminal law movement is enamoured of, were forged. Under the “old world order,” the forcible violation of national sovereignty was a violation of the “sound and precious anti-war principles of the”[14] UN Charter and the supreme international crime. While NATO spokespersons tried to justify the attack on the pretext of “humanitarian intervention” (now renamed with the more soothing soubriquet, “responsibility to protect”[15]) such pretext was itself an admission of criminality:

‘Humanitarian intervention’ by military force finds no place in the Charter of the United Nations, because for the generation who wrote the Charter the ‘scourge’ was war betweenstates, the violation of national sovereignty that was Nuremberg’s ‘supreme crime’… The notion of a ‘humanitarian war’ would have rang in the ears of the drafters of the UN Charter as nothing short of Hitlerian, because it was precisely the justification used by Hitler himself for the invasion of Poland six years earlier.

Michael showed beyond doubt that the NATO attack was a violation of the UN Charter and a crime against peace—a crime punishable under international law. It was a war of aggression, a war in violation of international treaties, agreements or assurances, not least in breach of the UN Charter and the NATO Treaty. The latter Treaty including the Preamble and Articles 1 and 7 thereto attests to the primary responsibility of the UN Security Council and the subordination of NATO to the UN Charter. As he explained:

Neither Security Council authorization nor self-defence was even claimed by NATO as justification for the use of force… The preamble of the NATO Treaty (1949) states that the signers of this document are attesting to their commitment to the premises of the United Nations Charter as well as their resolve to live amicably with all human beings.[16]

(…) To purchase Justice Belied, click here.

Notes

[3] Speakers’ notes, Michael Mandel, unpublished, 2001.

[4] Michael Mandel, How America Gets Away With Murder, supra, fn. 1, p. 233.

[5] Michael Mandel, “The Legal Institutions of the New World Order: ‘Might Makes Right’ and the International Criminal Tribunal for the Former Yugoslavia,” in Gordana Yovanovich, ed., The New World Order: Corporate Agenda and Parallel Reality, McGill-Queen’s University Press, Montréal, 2003, p. 72.

[6] Ibid. pp. 113-114.

[7] Ibid., p113-114.

[8] Ibid., p. 72.

[9] Michael Mandel, R2P & ICC v. UNC: The Responsibility to Protect and the International

Criminal Court versus the Charter of the United Nations in Costituzione Economia Globalizzazione, Edizioni Scientifiche Italiane, Napoli, 2013, p. 1379.

[10] Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal. Adopted by the International Law Commission of the United Nations, 1950.

[11] Michael Mandel, “The Legal Institutions of the New World Order, supra, fn. 6.

[12] Michael Mandel, How America Gets Away With Murder, supra, fn. 1, p. 6.

[13] Michael Mandel, “The Legal Institutions of the New World Order,” supra, fn. 6.

[14] Michael Mandel, How America Gets Away With Murder, supra, fn. 1, p. 113.

[15] See Michael Mandel, R2P & ICC v. UNC: The Responsibility to Protect and the International Criminal Court versus the Charter of the United Nations, pp. 1379-1391.

[16] Michael Mandel, “The Legal Institutions of the New World Order,” supra, fn. 6, p. 75.


RELATED POSTS
Since 9/11, The U.S. Has Been Involved In More Than 5 Wars … And They Have All Been Disaster
Why Does America Keep “Losing” Its Wars? Below, we demonstrate that the U.S. keeps “losing” war after war. There are 3 potential reasons this might be happening: Is this chaos an intentional way to implement regime change and grab resources? Or is this a sign of the decline of the American empire … and we just can’t win a war anymore? Or do those in charge just not really give a damn about winning … and are they just focusing on one short-term goal after another? We’ll let you decide why you think this keeps happening. But if you don’t believe that the ...
READ MORE
NATO’s “Drang Nach Suden”
During the final years of the Cold War, the Soviet Union and the US reached a verbal agreement whereby Moscow would allow for the reunification of Germany in exchange for the US agreeing to never expand NATO further East. As history attests, the US shamelessly reneged on its guarantee the moment the Soviet Union collapsed and was powerless to effectively stop it, swallowing up almost the entirety of Eastern Europe (save for Belarus, Moldova, and Ukraine) and all the Baltic States by 2004. What’s less studied by observers is NATO’s “Drang Nach Suden” (Drive to the South), which represents one ...
READ MORE
America Now Preparing For World War III
Because this article states so many things that might be likely to contradict what most people in Western countries have been led to believe, readers here are especially strongly encouraged to click onto any allegation which seems at all questionable, in order to get to the sources behind any given questionable allegation. And wherever a clicked-onto source turns out to be another article, one is encouraged similarly to do the same there, so that the reader will be able, in this way, to probe down to the ultimate sources, which are the sources upon which this article is finally based. After ...
READ MORE
Koszovó Csomója (1999)
A „rövid” XX. századot a balkáni lôporos hordó robbanása vezette be, és úgy látszik, addig nem is tud befejezôdni, amíg ezt a hordót jó mélyen és örökre el nem temetik. A koszovói konfliktus új fázisa – ha nem akarunk éppenséggel visszamenni az ôsidôkig, de legalábbis a rigómezei ütközetig (1389) vagy Arsenije Carnojevic és népe nagy elvándorlásáig (1698 – a tartomány szerb lakosága ekkor menekült el a török megtorlás elôl, és ekkor kezdôdött dél felôl az albánok tömeges betelepedése a lényegében lakatlanná vált területre) – nagyjából az elsô balkáni háborúval kezdôdött, és kisebb-nagyobb megszakításokkal tart ma is. A tartomány szerencsétlen helyen ...
READ MORE
Donald Franciszek Tusk
Donald Franciszek Tusk, born 22 April 1957) is a Polish politician and historian. He has been President of the European Council since 1 December 2014. Previously he was Prime Minister of Poland (2007–2014) and a co-founder and chairman of the Civic Platform (Platforma Obywatelska) party. Tusk began his public career as an activist in his home town of Gdańsk, supporting Solidarity and organizing his fellow university students. With the exception of one four-year stretch, Tusk has served in the Third Republic Sejm (parliament) continuously since its first elections in 1991. He was Vice Marshal (deputy speaker) of the Senate from 1997 ...
READ MORE
New Strategic Calculus For The Balkans
The Balkans have returned to the forefront of European geopolitics as a result of the New Cold War, with the US and Russia facing off in a proxy war over the planned Balkan Stream pipeline through the region. The geopolitical circumstances have evolved since the 1990s, when all of the former Yugoslavia was lumped together as the Western Balkans. In order to accommodate for the changing strategic reality in the region, it’s necessary to carve the Central Balkans out of the idea of the former, and the new division of the Balkans into Western, Central, and Eastern regions simplifies the ...
READ MORE
On target: Ukraine could learn from Kosovo’s troubles
There was an interesting announcement recently that went almost entirely unnoticed in the Canadian media. On June 17, Peter Szijjarto, foreign minister of Hungary’s centre-right government, made the startling declaration that his national security forces will erect a four-metre wall along the entire 175 kilometres of shared border with Serbia. Szijjarto’s rationale for resorting to such a drastic measure results from a months-long flood of asylum seekers pouring into southern Hungary. While tens of thousands of these desperate illegal immigrants have been caught, detained and returned into Serbia, the vast majority have used the processing time for their asylum applications to simply ...
READ MORE
Why US’s “collateral damage” and “errors” are not a war crime?
BELGRADE – Many innocent civilians were killed in American military interventions around the world – from Vietnam and Serbia to Iran and Afghanistan, because of the alleged “errors” or “collateral damage” – without consequences for civil and military leadership. In addition to political, military and every other power, Americans secured itself with legal mechanisms. Twenty-two civilians, wounded and doctors, among them three children, were killed in the American bombing of a hospital in the Afghan city of Kunduz. Americans acknowledged the error and apologized. The President of the United States expressed his condolences, the military leadership announced three independent investigations. “Doctors ...
READ MORE
America’s Recent Achievements In The Middle East
Here are before-and-after pictures, at https://twitter.com/MAL0mt/status/701077438525263873/photo/1, of what the U.S. government has achieved, in the Middle East: What’s especially interesting there, is that in all of these missions, except for Iraq, the U.S. was doing it with the key participation of the Saud family, the royals who own Saudi Arabia, and who are the world’s largest buyers of American weaponry. Since Barack Obama came into the White House, the operations — Libya, Yemen, and Syria — have been, to a large extent, joint operations with the Sauds. ‘We’ are now working more closely with ‘our’ ‘friends’, even than ‘we’ were under George W. Bush. As President Obama instructed his military, ...
READ MORE
Memorial Day Ignores Millions of US Imperial Victims
The day commemorates lost lives of US servicemen and women sent to war for the wrong reasons – from the 18th century to today, notably America’s so-called War of Independence, its Civil War, WW I and II and all subsequent wars of choice. America’s only enemies in the past 70 years and throughout at least most of its history were and remain ones it invents. It could have been a model peaceful nation had it chosen a different path. Instead, its history reflects unbridled militarism, endless wars of choice, related violence and chaos, contempt for rule of law principles, along with unparalleled ...
READ MORE
Making Balkan Caliphate: The Wahhabies – A New Danger For The Balkan And European Security
Editor’s note: This article was written and originally published in January 2015.      „God is our objective, the Quran is our Constitution, the Prophet is our leader, struggle is our way, and death for sake of God is the highest of our aspirations“ Jihadi credo The West Europe before the 2014 Christmas became once again a target of several mini-terrorist acts by the radical Islamists among whom the Wahabbies are the most active and dangerous. On Tuesday, December 23rd, Germany’s security service warn of highest terrorist threat in decades as the German participation in the anti-ISIS struggle became the reason for potential terrorism. ...
READ MORE
George Soros’s False Flag Factories
Global hedge fund tycoon and political provocateur George Soros is leading a war of symbols, namely flags and banners either resurrected or conjured up by his myriad non-profit groups, to stir religious, racial, and ethnic tensions the world over. From the Serbian OTPOR! movement and its clenched-fist symbol adopted by protests groups around the world to the menacing black and white flag of the Islamic State, which first appeared during the Soros-backed «Arab Spring» rebellions, Soros’s «false flag» factories have been running at break-neck production speeds. Soros and his acolytes saw the importance of symbology in the writings of Gene Sharp ...
READ MORE
Kosovo Serbs Are White Niggers Of Europe
The new Serbian Warsaw Ghetto in the occupied Serbian land of Kosovo In Kosovo, in 1999, NATO orchestrated KLA terrorism to cause a cycle of attacks and repression which was used to justify military intervention under the pretext of protecting the civilian population. Thirteen years down the line, Kosovo has unilaterally declared its independence and inflicts the most outrageous discrimination on its Serb population … under the auspices of NATO. Serbs may not have black skin, but they are being treated like white niggers of Europe. Every day. In the media. On the streets in Kosovo. The pogrom and ...
READ MORE
Documentary Movies About Kosovo
Rachak Village in Kosovo 1999- Lies and the truth from Vladislav B. Sotirovic on Vimeo. Лажи и истине о случају села Рачак на Косову и Метохији у јануару 1999. г. 1. Albanian lies on Kosovo truth in 1998-1999: Western TV documentary material from Vladislav B. Sotirovic on Vimeo. 1. Шиптарски лажови/Albanian lies on Kosovo truth. All copyrights reserved. First part 2. Albanian lies on Kosovo truth in 1998-1999: Western TV documentary material from Vladislav B. Sotirovic on Vimeo. Шиптарски лажови/Albanian lies on Kosovo truth. All copyrights reserved. Second part Vladislav B. Sotirovic on Kosovo, Lithuanian national TV (LTV), 2008 from Vladislav B. Sotirovic on Vimeo. Vladislav B. ...
READ MORE
French Documentary Exposes Ukraine’s Far-Right. But Can Europe Handle The Truth?
The activities of aggressive nationalist and neo-Nazi armed movements in present-day Ukraine are the focal point of Moreira’s documentary.  Their existence is not denied by any of his leading critics in France — even as they try to find excuses to justify their actions. On Wednesday, 3 February, as I was about to start assembling this article on the very important documentary about the Maidan broadcast by the French independent television channel Canal + on Monday evening, 1 February, I was headed off by breaking news on Russia Insider, carrying links to the first half of the documentary in English voice-over ...
READ MORE
Mass Exodus From Muslim Kosovo Into Europe: Did US Play A Role In Creating The Crisis?
Editor:  Little did I know when I posted a short news story about the ‘invasion of Hungary’ last evening that the situation in Kosovo has become untenable and a mass exodus was so advanced.  ‘Pungentpeppers’ has again pulled many threads together to give us the big picture of what is happening in Eastern Europe.  Is the US responsible?  An Austrian political leader says so! Mass exodus from Muslim Kosovo into Europe ~150,000 or more Kosovars on the move since summer ~Hungarian Police catch 1,000 Kosovars daily – a small fraction of the total ~Hungarian mayor calls for fence as Kosovars overwhelm village ~Austrian politician blames ...
READ MORE
Serbia: Parliamentary elections for the NATO/EU’s membership
Author’s note: a draft version of the article was originally written at the end of December 2015 and published in March 2016. This is the extended article’s version. On April 24th, 2016 Serbia faced three-level elections: for the national parliament, local municipalities and Vojvodina’s autonomous provincial administration. The elections did not cover Kosovo province as current Serbia’s pro-NATO/EU’s government already two years ago de facto recognized in its negotiations with the EU and Pristina’s government that this province is not any more an integral part of the legal and administrative system of the Republic of Serbia. Nevertheless, these elections were in ...
READ MORE
Western Warmongers Killed 1.5 Million Muslims In “War On Terror”
“I believe the perception caused by civilian casualties is one of the most dangerous enemies we face.” – U.S. General Stanley A. McCrystal in his inaugural speech as ISAF Commander in June 2009. The dust had hardly settled on Russian airstrikes on ISIS positions in Syria before Western media reports claimed that ‘civilians’ had been killed “including women and children”. Leaving aside the dubious nature of these allegations – the first of which was made before Russian airstrikes had even begun, according to Putin – Western propaganda outlets and the politicians they serve are in no position to point the finger at Russia ...
READ MORE
Since 9/11, The U.S. Has Been Involved In More Than 5 Wars … And They Have All Been Disaster
NATO’s “Drang Nach Suden”
America Now Preparing For World War III
Koszovó Csomója (1999)
Nazi salutes
Donald Franciszek Tusk
New Strategic Calculus For The Balkans
On target: Ukraine could learn from Kosovo’s troubles
Why US’s “collateral damage” and “errors” are not a war crime?
America’s Recent Achievements In The Middle East
Memorial Day Ignores Millions of US Imperial Victims
Making Balkan Caliphate: The Wahhabies – A New Danger For The Balkan And European Security
George Soros’s False Flag Factories
Kosovo Serbs Are White Niggers Of Europe
Documentary Movies About Kosovo
French Documentary Exposes Ukraine’s Far-Right. But Can Europe Handle The Truth?
Mass Exodus From Muslim Kosovo Into Europe: Did US Play A Role In Creating The Crisis?
Serbia: Parliamentary elections for the NATO/EU’s membership
How to Keep People Passive
Western Warmongers Killed 1.5 Million Muslims In “War On Terror”
Share

Categories: NATO's World Order

Tags: , , , , ,

www.global-politics.eu

  • EMAIL
  • FACEBOOK
  • TWITTER
  • SHARE
  • YOUTUBE
  • PINTEREST
  • LINKEDIN