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How to Obtain Justice-9The importance of crimes in this new world order was highlighted by the establishment in May 1993 of the International Criminal Tribunal for the former Yugoslavia (ICTY). This tribunal was established by Security Council resolution 827 under its Article 29 which allows it to set up "subsidiary bodies" necessary to fulfill its peacekeeping tasks. It is more than doubtful that the framers of the United Nations statutes had a criminal tribunal in mind, and many jurists consider resolution 827 to be an usurpation of legislative and judicial powers by the Security Council. In fact, this act went contrary to over forty years of study, within the framework of the United Nations, of the possibilities for setting up an international penal tribunal, whose jurisdiction would be established by international treaty allowing States to transfer part of their sovereign rights to the tribunal. The Security Council's ICTY went over the heads of the States concerned and simply imposed its authority on them, without their consent. Last April 5, as NATO was bombing Yugoslavia, the ICTY's presiding judge Gabrielle Kirk McDonald (a former U.S. federal judge in Texas) told the Supreme Court that the Tribunal "benefited from the strong support of concerned governments and dedicated individuals such as Secretary Albright. As the permanent representative to the United Nations, she had worked with unceasing resolve to establish the Tribunal. Indeed, we often refer to her as the `mother of the Tribunal'". Because it is also located in The Hague, very many well-informed people confuse the Tribunal with the International Court of Justice, or at least believe that, like the ICJ, the ICT is a truly independent and impartial judicial body. Its many supporters in the media say so, and so do its statutes. Article 32 of its governing statute says the Tribunal's expenses shall be borne by the regular budget of the United Nations, but this has been persistently violated. As Toronto lawyer Christopher Black points out, "the tribunal has received substantial funds from individual States, private foundations and corporations". The United States has provided personnel (23 officials lent by the Departments of State, Defense and Justice as of May 1996), equipment and cash contributions. More money has been granted the Tribunal by financier George Soros' Open Society Foundation, the Rockefeller Foundation and the United States Institute for Peace, set up in 1984 under the Reagan administration and funded by Congressional appropriations, with its board of directors appointed by the U.S. President. The Tribunal is vigorously supported by the Coalition for International Justice (CIJ), based in Washington and The Hague, founded and funded by George Soros' Open Society Foundation and a semi-official U.S. lawyers' group called CEELI, the Central and East European Law Institute, set up to promote the replacement of socialist legal systems with free market ones, according to Christopher Black. Last May 12, ICTY president Gabrielle Kirk McDonald, in a speech to the Council on Foreign Relations, said that: "The U.S. government has very generously agreed to provide $500,000 and to help to encourage other States to contribute. However, the moral imperative to end the violence in the region is shared by all, including the corporate sector. I am pleased, therefore, that a major corporation has recently donated computer equipment worth three million dollars, which will substantially enhance our operating capacity." Moreover, during the bombing, Clinton obtained a special $27 million appropriation to help the Tribunal, especially in collecting anti-Serb testimony from Albanian refugees along the borders of Kosovo. Finally, Clinton has offered a bounty of $5 million for the arrest of Yugoslav President Slobodan Milosevic. |