[L-I] International Progress Organization: Statement on Yugoslavia Tribunal

I N T E R N A T I O N A L   P R O G R E S S    O R G A N I Z A T I O N
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STATEMENT ON THE ASSIGNMENT BY "TRIAL CHAMBER III" OF THE SO-CALLED
"INTERNATIONAL TRIBUNAL" OF COUNSEL TO THE FORMER PRESIDENT OF YUGOSLAVIA
AGAINST HIS WILL

http://i-p-o.org/yu-tribunal-statement-sept04.htm

Vienna, 8 September 2004/P/RE/18849c

In reference to the Memorandum, dated 27 May 1999, on the lack of legal
validity of the indictment of the former President of Yugoslavia by the
so-called "International Tribunal" and lack of legitimacy of said tribuna=
l
under basic rules of international law, the International Progress
Organization would like to emphasize the following points in regard to th=
e
assignment of counsel by oral order of the so-called "Trial Chamber III" =
to
the former President of Yugoslavia against his will:

1. The "International Tribunal for the Prosecution of Persons Responsible
for Serious Violations of International Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991" lacks moral as well as
judicial legitimacy. Its creation by the UN Security Council was an act
ultra vires; decisions of the "Tribunal's" officials have no legal validi=
ty.

2. Apart from its intrinsic illegitimacy, the decision to impose counsel
upon Mr. Milosevic against his will is in blatant violation of the
"Tribunal's" own "Statute" Art. 21 (Rights of the accused), Par. 4 (d) of
which states that the accused shall be entitled "to defend himself in per=
son
or through legal assistance of his own choosing." It is to be noted that =
the
"Statute's" additional provision ("to have legal assistance assigned to h=
im,
in any case where the interests of justice so require") is not applicable=
 in
this particular situation.

3. The fact that there is no written order, outlining the "Trial Chamber'=
s"
legal reasons for the imposition of counsel (the communiqu=E9 of 2 Septem=
ber,
CC/P.I.S./889-e,  announcing the wording of the "oral order" appears to o=
mit
two paragraphs), while there exists a detailed written "Order on the
modalities to be followed by court assigned counsel," dated 3 September
2004, further underlines the arbitrariness and political nature of this
decision.

4. The imposition of counsel against the declared will of the former
President of Yugoslavia constitutes a serious violation of the accused's
basic human rights as enshrined in international covenants.

5. The "Trial Chamber's" decision has documented one more time that this
"International Tribunal" is not a court of law, but a political undertaki=
ng.

6. The reservations expressed by the former President of the Council of
Ministers of the USSR, Mr. Nikolai Ryzhkov, according to wich "Slobodan
Milosevic didn't get an assigned counsel, but another prosecutor who will
only act using other means" are well founded. Mr. Ryzhkov's refusal to
appear, under these circumstances, as a defense witness is fully
understandable.

7. The operation of the "Tribunal" in the Hague, as an essentially politi=
cal
project, is further undermining the important cause of universal
jurisdiction as represented by the International Criminal Court.

Dr. h.c. Dr. Hans Koechler
President


Memorandum dated 27 May 1999
http://i-p-o.org/yu-tribunal.htm

Global Justice or Global Revenge? by Hans Koechler (2004)
 http://i-p-o.org/global_justice-springer-2003.htm


INTERNATIONAL PROGRESS ORGANIZATION
Information Service
A-1010 Vienna, Kohlmarkt 4, Austria
Telefax: +431-5332962
E-mail: [email protected]
Homepage: http://i-p-o.org

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

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

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