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The United Nations. In the main arena, the U.N. Security Council adopted a statement of concern about the embassy bombing that fell far short of China's call for express condemnation. Clinton also won a skirmish in the International Court of Justice. In 1992 Bosnia had charged Yugoslavia with genocide at the world court. Now Yugoslavia asked the ICJ to find ten NATO allies responsible for genocide, war crimes and violation of the U.N. Charter. Operation Allied Force trampled Charter principles commanding peaceful settlement of disputes and respect for sovereignty. NATO violated the laws of war in bombing that killed noncombatants and hit non-military targets--the Chinese Embassy, a passenger train, private residences, and a broadcast station. The U.S. avoided an ICJ decision on the merits by successfully arguing that Washington had not consented to the court's jurisdiction.54 |
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chief prosecutor for the International Criminal Tribunal for Yugoslavia
investigated Milosevic for crimes against humanity in Kosovo--mass murder,
persecution and deportation. Clinton's advisers worried that Milosevic
would become even more recalcitrant if threatened with criminal prosecution.
The international community had never before charged a current head of
state with war crimes. The U.S. had avoided threatening Japan's Emperor
at the end of World War II. NATO forces in Bosnia had not arrested local
Serb commanders under ICTY indictment. Holding Milosevic personally liable
might prolong the Kosovo conflict. When the independent prosecutor announced
the indictment of Milosevic and four subordinates, Clinton nevertheless
proclaimed his firm support.
A lawyer from Greece formally requested the prosecutor to investigate and prosecute those responsible for NATO bombing that killed noncombatants in violation of the Geneva Conventions. ICTY investigations in Bosnia had produced indictments of Croats and Muslims as well as Serbs, but the prosecutor appeared likely to find in Kosovo that only Serbs would be held accountable. |
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