sfp-148: Outrage at Carlo del Ponte's decision not to indict

Date: Mon, 12 Jun 2000 10:44:52 +0100
To: Eric Fawcett <fawcett@physics.utoronto.ca>
From: pnicholl@essex.ac.uk
Cc: sfp-net@chebucto.ns.ca
Precedence: bulk
Return-Path: <sfp-net-mml-owner@chebucto.ns.ca>

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Colleagues,
		Carla del Ponte may be right. George Robertson has a letter
in today's Guardian defending the NATO actions in Kosovo and Serbia. Like
some of his critics, he (perhaps deliberately) confuses the legal, the
moral and the criminal in his defence. That the war itself was illegal no
competent scholar denies; this was confirmed by the recent U. K.
Parliamentary Committee. Whether it also involved war crimes is a narrower
question. It may be that no aerial attacks however misguided or cruel,
including even nuclear explosions, can count as indictable war crimes. The
TV station, the far away bridges, the power stations, attacks on the civil
infrastructure all designed to punish Serbia, were probably illegal in the
broad sense. They may still not technically be criminal like the cutting of
an individual throat upon the ground.
		Moral justification is clearly a matter of opinion. But
there is still no law in Kosovo, as the weekend attack by UK forces upon a
civilian hospital there shows. That sort of thing might conceivably be
closer to del Ponte's remit than the bombing. But her range of action is
clearly limited by political power. Thomas Fuller and Lord Denning may be
as much idealists as the Faslane campers. I am not sure, in these matters,
whether they are even right.
		What we need is an independent ongoing enquiry involving
respected figures from law and politics. Ramsey Clark was to have
established one but after a single(?) hearing in New York he seemingly
abandoned it.
					Yours sincerely,

					Peter Nicholls.


Peter Nicholls, Department of Biological Sciences,
Central Campus, University of Essex,
Wivenhoe Park, Colchester, CO4 3SQ, England.

Tel.: +44-1206-873776 (office) +44-1206-873333 (ex. 3015) (Lab)
Fax : +44-1206-872592
e-mail : pnicholl@essex.ac.uk
http://www.essex.ac.uk/bcs/staff/nicholls/


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