[L-I] PROTEST by Professor Aldo Bernardini

                                    PROTEST
                        Rome, 3 September 2004

As a modest scholar of international law I am totally horrified in front =
of
the last steps by the Hague "Tribunal" (Judges and Prosecution) in re
Milosevic.

The imposition of a counsel on President Slobodan Milosevic is an act of
brutal violence which demonstrates only the "Tribunal's" disarray and
impossibility to counter Slobodan Milosevic's arguments. The way to conti=
nue
and conclude its "job" with the preordained conviction is to silence
President Milosevic.

An illegal "Tribunal", created by U.N. Security Council with an arbitrary
and dictatorial interpretation of the Charter; a monstrous indictment
founded on an artificial construction aberrantly basing on presumption
outside the provisions of the ICTY Statute and contrary to the fundamenta=
l
principle nullum crimen sine lege, to general principles of criminal law =
in
every country, to human rights in the matter and to the rule of strict
interpretation in criminal law: honourable "judges" in such a context sho=
uld
at least abide by "their" Statute, the ICTY Statute. They should know tha=
t
no analogy or more than broad interpretation is allowed: in claris non fi=
t
interpretatio, no (own) interpretation is permitted where the letter of t=
he
law is clear. Art. 21, par. 4, of the ICTY Statute expressly declares tha=
t
the accused "shall be entitled to the following minimum guarantees. d) to=
 be
tried in his presence, and to defend himself in person or through legal
assistance of his own choice". This formulation is clear and does not all=
ow
any deviation or exception. The "Tribunal" may not substitute for the
accused neither in choosing between "defence by himself" or defence throu=
gh
legal assistants nor in choosing such assistants.

The imposition by ICTY is the utmost aberration and the conclusive eviden=
ce
of the political and arbitrary character of the ICTY and of the whole
Milosevic trial (and of the other trials too).

No honourable lawyers should cooperate with that enormity. U.N. Security
Council should condemn the operation but best of all do away with the "Ha=
gue
Tribunal".

I protest with my full strength against this perversion of every juridica=
l
concept, of every sound idea of the rule of law, of the most fundamental
human rights of President Milosevic.
History will judge ICTY and its operations through continually judge-made
law in the same manner as the perverted legal conception of the Nazis.


Aldo Bernardini

=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

************
www.icdsm.org
www.icdsm.org
www.icdsm.org
www.icdsm.org
www.icdsm.org

************

***********************************************************

THE LIFE OF PRESIDENT MILOSEVIC AND THE INTERNATIONAL LAW ARE IN PERIL.

JOIN THE INTERNATIONAL LAWYERS' PETITION:
http://www.icdsm.org/Lawappeal.htm

JOIN THE INTERNATIONAL ARTISTS' APPEAL FOR MILOSEVIC:
http://www.icdsm.org/more/artists.htm

SUPPORT THE ICDSM:
http://www.icdsm.org/

*********************************************************
You can find detailed instructions at:
http://www.icdsm.org/battle.htm
(please also follow the links therein) or
*************************************************************
You can make transfers to ICDSM accounts in Europe:

Peter Betscher
Stadt- und Kreissparkasse Darmstadt, Germany
IBAN: DE 21 5085 0150 0102 1441 63
SWIFT-BIC: HELADEF1DAS

or

Vereinigung f=FCr Internationale Solidarit=E4t (VIS)
4000 Basel, Switzerland
PC 40-493646-5
*************************************************************

*************************************************************
THE ILLEGAL HAGUE PROCESS MUST END.
Statement by the President of the World Peace Council Orlando Fundora (Cu=
ba)
http://www.icdsm.org/more/fundora.htm
*************************************************************
*************************************************************

VIDOVDAN PEOPLE'S RALLY IN BELGRADE ORGANIZED BY SLOBODA
to mark the third anniversary of kidnapping of President Milosevic
http://www.icdsm.org/more/galery2806.htm
**************************************************************

SLOBODA urgently needs your donation.
Please find the detailed instructions at:
http://www.sloboda.org.yu/pomoc.htm

To join or help this struggle, visit:
http://www.sloboda.org.yu/ (Sloboda/Freedom association)
http://www.icdsm.org/ (the international committee to defend Slobodan
Milosevic)
http://www.free-slobo.de/ (German section of ICDSM)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.pasti.org/milodif.htm (ICDSM Italy)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)



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