Monday, May 31, 2010

Op-Ed Piece on Judge Garzón and International Justice

Published today in the New York Times:

May 31, 2010
International Justice-For Others
By GUÉNAËL METTRAUX

On May 14, the Spanish General Council of the Judiciary suspended Judge Baltasar Garzón from his functions following his indictment on charges of abuse of authority.

His crime? Garzón allegedly over-stepped his mandate when deciding to initiate an investigation into the disappearance of civilians during Francisco Franco’s dictatorship despite a law of amnesty that covered these crimes.

In the years before that, Garzón had become a living symbol of international justice as he pursued the likes of Augusto Pinochet and Osama bin Laden in the name of universal principles of human dignity, human rights and the international fight against impunity.

The reaction to Garzón’s latest investigative efforts and the Brazilian Supreme Court’s recent upholding of a law of amnesty that applies to the crimes of Brazil’s military dictatorship are powerful reminders that states can still decide what to do with their past, even when that past involves mass atrocities.

That possibility, however, is not open to all states in equal measure. Where their sovereignty has been subjugated (as with Germany after World War II) or where they can be politically pressed into submission (Serbia, most recently), states can be forced to subject their actions to the judgment of other nations in the name of the same values that had validated Garzón’s efforts.

Despite repeated assertions that a body of universal criminal prohibitions applicable to all has grown from these values, they remain to a large extent “le droit des autres,” a set of rules that we seem content to apply to others, but not to ourselves. The “others” are those, states and individuals, who have lost the political muscle to preempt or resist the application of that regime to them.

The International Criminal Court, a tribunal with global ambitions, has thus far only indicted Africans, although more than a hundred countries from five continents have now joined the Court, and crimes coming within its jurisdiction have arguably been committed outside of Africa.

Meanwhile, domestic courts in the Netherlands have successfully shielded Dutch soldiers and the state from judicial scrutiny for their alleged failure to prevent mass atrocities in Srebrenica in July 1995, while Serb and Bosnian nationals are being prosecuted on Dutch territory by an international tribunal for their involvement in those events. The same tribunal declined a few years ago to even investigate crimes attributed to NATO forces in Serbia during the 1999 bombing campaign.

While it could be that no international crimes were committed on those occasions or that there might be other good reasons not to prosecute such cases, a refusal to look into them contribute to creating the unfortunate impression that international accountability matters to some, but not to all.

The indictment of Garzón feeds into this uncomfortable sense of political selectivity in the application of the law. While Garzón was not prevented from investigating Argentine or Chilean nationals by local amnesties, Spanish law seemingly creates an absolute prohibition against an endeavor of the same kind that targets fellow nationals.

Garzón’s error was to assume that the values which had provided a moral and legal justification for his past crusades truly applied universally. Unfortunately, that is not yet the case. International criminal justice still operates selectively within the cracks that international politics have opened up for it.

While it could be argued that some justice is better than none, the present hyper-selectivity of international criminal justice could be most damaging to its credibility in the longer term.

The legitimacy of the rule of law, domestic or international, is based on the assumption that it does apply to all, without prejudice and without discrimination. Stripped of that element, it risks becoming — and will be portrayed as — a tool of political convenience for the powerful.

Before pushing any further the boundaries of international criminal justice, we should ask ourselves whether we are truly committed to subject the conduct of our own leaders and fellow citizens to the standard that we seek to apply to others.

We should also question whether we may legitimately force other nations to face their past in the name of supposedly universal values when we allow powerful countries such as Spain or Brazil to forget and forgive the crimes of their past. If the answer is no, we should perhaps show a great deal more restraint in imposing our demands for justice in states other than our own.

Our commitment to the rule of law should be measured against our readiness to see the standards that we wish to impose on others applied to our fellow citizens. The dismissal of charges against Garzón would be a good place to start the necessary process of making these standards truly universal.

Guénaël Mettraux represents defendants before international criminal tribunals. He is the author of “The Law of Command Responsibility.”

Sunday, May 23, 2010

L.A. Times on Judge Garzón

The L.A. Times has published a new, more extensive article on Judge Garzón today. Thanks again to The Volunteer for sharing the link on their blog.

Crusading Spain judge Garzon himself a defendant - latimes.com

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Wednesday, May 19, 2010

Irish Times on Garzón

This blog is quickly becoming a Baltasar Garzón blog. Certainly, when I created it, I did not intend for it to become one. However, at the moment, I am looking for a place to archive articles from the English-speaking press on the Garzón case. Here is the latest one, from The Irish Times.

Key phrase: "it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime."

The Irish Times - Thursday, May 20, 2010
Baltasar Garzón

THE ROLLERCOASTER career of Spain’s so-called “star judge”, Baltasar Garzón, has hit a new low with the decision of the General Council of the Judiciary to suspend him from professional duties last week. The case that led to this suspension concerns his investigations into the crimes committed under Gen Franco’s 40-year dictatorship during and following the 1936-39 civil war.

The Supreme Court argues that he did this in the full knowledge that a 1970s amnesty law protects the perpetrators of human rights abuses under that dictatorship. He is charged with perversion of justice at the Supreme Court on this and two other counts. But his supporters argue that he is really being prosecuted for highlighting an uncomfortable reality – modern Spanish democracy is built on a dubious political deal, euphemistically known as “the pact of forgetfulness”, between the heirs of the dictatorship and a majority of democrats. So it is not only this controversial investigating magistrate who will be on trial in the coming months. It will be Spain’s political system itself, and the problematic legacy left by the Franco regime.

The separation of powers between executive, legislature and judiciary is a key democratic principle, but all three cases against Garzón reveal a dangerous degree of politicisation in the Spanish courts. It is tempting to paint Garzón as the innocent victim of such political intrigue. However, this unpredictably partisan figure often appears to be its creature as well as its current target. His fatal error may have been to antagonise all political factions over his 30-year tenure as a senior investigating magistrate.The highs in his professional life have certainly been spectacular. He is best known abroad for his unprecedented attempt to extend the reach of international human rights law.

But his extraordinary achievements have been tarnished by his tendency to exceed his legal powers to get results. This has been equally evident in many high-profile cases: his ruthless pursuit of radical Basque political parties and media; of drug barons; and, most recently and now also the object of a Supreme Court case against him, of corruption in Spain’s biggest opposition party, the right-wing Partido Popular (PP). The flaws in his professional practice might be forgiven if his trial brings about judicial reform and an end to Spain’s amnesia about the dictatorship. But this patently ambitious man has too few friends left in high places for this to be a likely outcome.

Monday, May 17, 2010

L.A. Times on Garzón's Suspension

Thanks to The Volunteer, a newsletter-blog published on behalf of the veterans of the Abraham Lincoln Brigade, I've found out about a new article on the suspension of Judge Garzón, published yesterday in the opinion section of the L.A. Times. Of course, it's a bit exaggerated to call this case "a new Spanish Civil War," and yet, one understands where the sentiment is coming from. It is easy to feel that many of the same types of divisions that motivated that war are still in play today.

Lately, in the U.S., most of the news coming out of Spain has had to do with the economy. It is good to know some papers are also interested in keeping readers abreast of the other less visible controversy. We cannot praise Judge Garzón when he goes after figures like Pinochet, Osama Bin Laden, or members of the Bush administration, and then criticize him for attempting to pursue justice in his own country, by bringing the crimes of Francoism to light! This case is still in need of greater international visibility.

A new Spanish civil war

A legal attack on Spain's star judge, Baltasar Garzon, is launched after his attempts to probe Spanish Civil War deaths.
May 16, 2010

For years, conservatives in Spain bristled as their most famous magistrate, Baltasar Garzon, pushed the boundaries of international law against former Chilean dictator Gen. Augusto Pinochet and human rights abusers in other countries, but they were powerless to stop him. When Spain's star judge turned his sights on Spanish Civil War atrocities, however, they joined forces with his many personal enemies and went after him, accusing him of opening old wounds and violating the country's 1977 amnesty law. Last week, a Supreme Court judge decided to bring the case to trial, and the General Council of the Judiciary voted in an emergency session to suspend Garzon.

From the beginning, the case against Garzon has seemed to be motivated by political and personal vendettas, and the timing of these decisions is no exception. Early in the week, Garzon had asked Spanish authorities for a seven-month leave to work as a consultant to the International Criminal Court in The Hague, presumably as a face-saving measure to avoid the humiliation of a suspension. But on Wednesday, an investigating magistrate for the Supreme Court (and one of Garzon's detractors) suddenly ordered Garzon to face trial for proceeding without jurisdiction on the Spanish Civil War cases, and the suspension followed on Friday. Such haste in a case that had been moving normally through the system since February has the whiff of malice; the decision was made even though the Spanish attorney general's office still had questions about the case. If convicted, the 54-year-old Garzon would not be jailed, but he could be removed from the bench for up to 20 years. For all practical purposes, it would mean the end of his career in Spain.

Garzon is a hero to many in the international human rights community for his pursuit of criminals and despots, regardless of their political bent, and for his commitment to international laws that say crimes against humanity cannot be amnestied or subjected to statutes of limitations. But heroes are often flawed characters, and Garzon is no exception. His ego and grandstanding, along with his legal stands, have earned him enemies. He is also being investigated in connection with questionable wiretaps he ordered in a probe of a corruption scandal involving the conservative opposition party.

In the Spanish Civil War case, Garzon sought to apply at home the principles he had championed abroad. He tried to open a case on behalf of relatives of the tens of thousands of Spaniards who died or disappeared in the war that ushered in the dictatorship of Gen. Francisco Franco in 1939, despite the amnesty covering the deaths and disappearances during the war and in its aftermath. The vehemence with which Garzon's inquiry was rejected is not surprising given the bloody history of the period, yet the legal action against Garzon is; it's one thing for his superiors to disagree with his judgment in bringing the case or to determine that he is overreaching, but it is quite another to charge him with breaking the law for doing so. Whatever happens in the case against Garzon, it seems that Spain is going to have to probe that past and provide the families with answers. The political divisions that marked that dark chapter of Spanish history still seem to be in play.

Saturday, May 15, 2010

Visual Commentary on the Garzón Suspension

The following cartoons appeared today in the Spanish paper Público.

Title: "The winners"
Artist: Manel Fontdevila
Date: May 15, 2010

Here, a group of men gathers to read the news, "Garzón expelled." The first man comments, "Great news! The winners wrote history." And then he states with apparent glee, "And now, we're also rewriting it!" The men clearly represent the "victors" of the Civil War, or at least, the inheritance they left behind.


Artist: Vergara
Title: "Day of the masks"
Date: May 15, 2010

Yesterday, as Judge Garzón left the Spanish Supreme Court, his supporters lined the street, many of whom carried likenesses of the judge ("We are all Garzón"). On the left, we see Garzón in tears, disguised by the old theatrical comedy mask -- perhaps, to symbolize the farce of the suspension and the sham of the justice system, but also because it was reported that initially, the judge appeared to have received good news, which turned out not to be the case. On the right of the drawing we see a Franco-era officer (actually, it looks to be Franco himself), dressed in judicial robes. The mask he is holding up is that of Luciano Varela, one of the Supreme Court magistrates at the head of the charges of "prevarication" against Garzón (and, not coincidentally, someone who strongly opposed the Law of Historical Memory prior to its 2007 passage).

Friday, May 14, 2010

Editorial in The Nation on Garzón

Professors Sebastiaan Faber and Geoff Pingree of Oberlin College (Ohio) have published a comment piece in the The Nation, "Garzón on Trial." Available in PDF here.

Videos on Garzón Case

Supporters of Judge Garzón await him upon his departure from the Supreme Court today. They are shouting, "Garzón, amigo, el pueblo está contigo!" ("Garzón, friend, the people are with you!"). The title of the first video is "Garzón leaves the court of the Audiencia Nacional in tears."



Garzón Suspended!

I still cannot believe the news to which I have awoken this morning. Judge Baltasar Garzón has been suspended today from the Audiencia Nacional FOR INVESTIGATING THE CRIMES OF FRANCOISM. Spanish reports say Garzón left the court crying. This is not the end, because the judge will still need to stand trial, but his prospects are not looking good at this point. I hold firm to my belief that this is a politically-motivated attempt to remove a judge that has gone above and beyond to support human rights worldwide. In addition, we are witnessing the attempt to silence, once again, the Francoist past and those who dare speak out against it. Whatever happens to Garzón in the end, his case has at least heightened awareness about forced disappearences and executions of the Franco era, and what the judge has called Francoist "crimes against humanity." There will be a protest in front of the Audiencia Nacional in Madrid tonight at 8 (2 pm E.S.T.). More on this story later in the day.

Leer más en español

From: BBC News

Spanish judge Garzon is suspended

High-profile Spanish judge Baltasar Garzon has been suspended from his post by the country's judicial body.

The decision was unanimously adopted by the General Council of the Judiciary.

He is due to face trial on charges that he abused his powers by opening an inquiry in 2008 into crimes committed during Francisco Franco's rule.

Mr Garzon was later forced to drop the investigation into the crimes committed during the 1936-39 Civil War in Spain, which are covered by an amnesty.

Controversial judge

In February, a Supreme Court investigating magistrate ruled that Mr Garzon had ignored the 1977 amnesty by launching the investigation.

Mr Garzon, 54, who is highly popular among the Spanish political left and international human rights campaigners, appealed against the ruling, saying his inquiry was legitimate.

But some on the right accuse Mr Garzon of launching cases that are politically motivated.

Tens of thousands of people disappeared during Spain's Civil War and under Gen Franco's regime that followed.

Mr Garzon is also famous for targeting international figures, including late Chilean military ruler Augusto Pinochet, and al-Qaeda leader Osama Bin Laden.

Earlier this week, Mr Garzon reportedly asked to take a leave of absence to work for the International Criminal Court (ICC).

Judicial sources at Spain's National Court say Mr Garzon wants to work as an adviser for the ICC for seven months.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/8682948.stm

Published: 2010/05/14 12:47:23 GMT

© BBC MMX

Wednesday, May 12, 2010

Judge Garzón, about to be tried for investigating crimes of Francoism

From Typically Spanish

Oral hearing opened in the Supreme Court against Judge Baltasar Garzón

By h.b. - May 12, 2010 - 12:02 PM

Garzón faces suspension on charges of perversion of the course of justice

The Supreme Court magistrate, Luciano Varela, on Wednesday opened the oral court case against National Court judge, Baltasar Garzón, who is accused of perversion of the course of justice by starting to investigate the disappearances of people during the Franco years. There is no appeal possible against the decision which is the last step before Spain’s star judge is put on the accused bench, and which will imply his immediate temporary suspension from his National Court post while the case continues.

It comes a day after it was learnt that Garzón has applied for a post at the International Criminal Court in The Hague, and whether he is allowed to take up that post now depends on the General Council for Judicial Power, the body which oversees the judiciary in Spain. They are the same body which could announce the temporary suspension of the judge from his post, and some consider there will be more news from them later today.

Garzón commented on Wednesday that he is not leaving either the judiciary, nor his place in the National Court.

Garzón to work at the Hague?

I am not sure what to make of the news that Judge Garzón has asked to take a leave of absence. At this point, it seems rather like a face-saving measure. Were Garzón to work for the International Criminal Court (see below), it would certainly give him increased visibility on the world stage, making "el caso contra Garzón" in Spain seem even more provincial and ridiculous.

From: BBC

Spain judge Garzon 'seeks leave'


High-profile Spanish judge Baltasar Garzon has asked to take a leave of absence to work for the International Criminal Court (ICC), reports say.

Judicial sources at Spain's National Court say Mr Garzon wants to work as an adviser for the ICC for seven months.

The judge was indicted last month for exceeding his authority by launching an inquiry in 2008 into crimes committed by General Francisco Franco's rule.

The crimes during Spain's 1936-39 Civil War are covered by an amnesty.

Spanish judicial sources say that Mr Garzon, 54, has received a job offer by the ICC chief prosecutor, Luis Moreno Ocampo.

They say Spain's judicial oversight board has to decide whether to grant Mr Garzon the leave of absence.

Mr Garzon has not publicly commented on the issue.

Popular with the left

In February, a Supreme Court investigating magistrate ruled that Mr Garzon had ignored the 1977 amnesty by launching the investigation into atrocities committed during the four-decade rule of Gen Franco.

Mr Garzon, who is highly popular among the Spanish political left and international human rights campaigners, appealed against the ruling, saying his inquiry - now shelved - was legitimate.

But some on the right accuse Mr Garzon of launching cases that are politically motivated.

Tens of thousands of people disappeared during Spain's Civil War and under the Franco regime that followed.

Mr Garzon is also famous for targeting international figures, including late Chilean military ruler Augusto Pinochet and al-Qaeda leader Osama Bin Laden.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/8675548.stm

Published: 2010/05/11 14:53:24 GMT

© BBC MMX

From:
The New York Times

World Briefing | Europe
Job Offer for Noted Spanish Judge
By MARLISE SIMONS
Published: May 11, 2010

Spain’s well-known investigating magistrate, Baltasar Garzón, left, who is being prosecuted in a case filed by far-right Spanish groups, has been offered a temporary post as an external adviser to the prosecutor at the International Criminal Court in The Hague, a court official there said. The judge gained an international reputation as a fearless prosecutor of cases including those on Basque and Islamist terrorism, drug traffickers and the former Chilean dictator Augusto Pinochet. Mr. Garzón was indicted last month on charges of abusing his powers. He has denied the charges.

Para leer más en español, pinchar aquí

Tuesday, May 11, 2010

Conference: Forms and Functions of Social Memories

From UPENN CFP:

Call for Papers (see website here):

Forms and Functions of Social Memories -- Perspectives from Social and Cultural Sciences
The conference "Forms and Functions of Social Memories -- Perspectives from Social and Cultural Sciences" takes place at the Institute for Sociology of the University of Erlangen. It starts at December 10th and ends December 12th around noon. It is planned as a mixture between plenary and panel sessions.

Please send a 500 words proposal for a 30 min. paper by September 30th, 2010 to: info@soziale-erinnerung.de.

The conference aims at collecting and re-considering the manifold empirical research on social memories on behalf of their theoretical potential. It is an astonishing fact, that despite of a lot of research in social and cultural sciences on social memories there are rather few comprehensive theoretical considerations. Therefore, we want to set the focus on the integration of different theoretical approaches and empirical research.

In the self-definition of modernity multiple social memories take the place of the "Great Narrative" on different levels that don't have to be compatible. A theory of social memories faces the problem of integrating social dynamics, cultural pluralisation and processes of social differentiation without ignoring contexts of interactions like families or milieus. However, the circulating terms and definitions of forms of social memories should not just be placed side by side. Instead we want to focus, empirically and theoretically, on the processes of formation and constitution that underlie these conceptualizations to work out both lines of conflict and potentials of integration.

The conference would like to discuss theoretical concepts and empirical studies concerning social memories in an interdisciplinary framework. Based on these discussions we would like to ask for theoretical enhancements. From performative acts to narrative situations of interaction or discourse, constructions and representations of the past should be observed in conjunction with problems like oblivion, authenticity, factuality and validity or breaches in the transmission of the past. On the one hand the future directedness of social memories in form of again and again constituted horizons of expectations should be clarified. On the other hand it is deemed to analyse social memories in their function as mechanisms of "Transmission" regarding the specific selectivities that evolve at the intersections (of persons, groups, generations, discourses, etc.) and that constitute the specific relationship between remembrance and oblivion. According to this, the definition of the particular functionality of memories for the processes of social and individual formation of meaning is important, on both counts biographically and systemically.

Of equal importance is the reflection of institutionalised remembrance and of the own position of a speaker: Scientists are directly or indirectly involved in the practice of (institutionalised) remembrance and therefore are facing the challenge of concerning themselves with its contexts, conditions, (political) purpose and the implicit ideologies.

We have invited the following speakers: Paul Connerton (Oxford/UK), Elena Esposito (Modena/Reggio Emilia/ Italy), Mary Fulbrook (London/UK), Jeffrey K. Olick (Virginia/USA), Gabriele Rosenthal (Goettingen/Germany), Joanna Tokarska-Bakir (Warsaw/Poland), Christian Gudehus (Essen/Germany)

Topics include:

* Individual -- Interaction -- Society: boundaries and transitions between the different forms of memories
* Metaphors, terms and forms of social memories and their conditions of formation
* Influence of social differentiation on social remembrance (generations, classes, cultural pluralisation, gender, etc.)
* Transformation of social memories (interdependency of social transformations, processes and social memories)
* Facticity, authenticity and the realm of experience
* Media, discourse and their functions for remembrance
* Re-presentations of the past (body memory, rituals, sites of remembrance, etc.)
* Social and individual practices of remembrance
* Transgenerational transmission and breaches of tradition
* Remembrance and oblivion between institution, power and ideology

The conference languages will be English and German. The presentations are intended to be published in a special volume of a sociological journal after the conference.

Deutsch

Monday, May 10, 2010

Mass Grave Uncovered in Serbia

From: The New York Times

May 10, 2010
Mass Grave of Kosovo Victims Found in Serbia

By THE ASSOCIATED PRESS

Filed at 11:26 a.m. ET

BELGRADE, Serbia (AP) -- Acting on tips from witnesses, Serbian war crimes prosecutors have discovered a mass grave believed to contain the bodies of 250 Albanians who were killed in Kosovo during the 1998-99 war there, then transported to Serbia and secretly buried to hide the atrocities, officials said Monday.

The burial site -- hidden beneath a small building and a newly built parking lot -- is the fourth mass grave of ethnic Albanians from Kosovo that has been found in Serbia since 2001. Two others were discovered in Kosovo. In each case, most of the bodies were those of civilians, including women and children.

The latest discovery is another example of the mass atrocities that were committed during the bloody Serb crackdown on the Kosovo separatists that killed at least 10,000 people and left nearly a million displaced.

Hundreds of bodies of slain ethnic Albanians have been exhumed in Serbia and returned to Kosovo since Serbian President Slobodan Milosevic was ousted from power in a popular revolt in 2000. The previously discovered mass graves in Serbia represented the bulk of genocide charges filed against Milosevic at a U.N. war crimes tribunal in The Netherlands, where he died of a heart attack during his trial in 2006.

Serbia has since tried to deal with its wartime past as it seeks European Union membership, which requires the prosecution of those who committed atrocities during the wars in the Balkans in the 1990s. Milosevic's policies still have strong support among ultranationalists in Serbia.

''According to witness testimonies, there are 250 bodies of Kosovo Albanians inside'' the newly discovered grave, Serbia's war crimes prosecutor Vladimir Vukcevic said at a news conference Monday in Belgrade, Serbia's capital.

He said exhumations would begin soon at the site, which was discovered based on witness accounts and in cooperation with a European Union mission in Kosovo.

Serbia's war crimes prosecutor's office said the grave is located in a hilly, rural area of Rudnica, near the town of Raska, 180 kilometers (108 miles) south of Belgrade.

Aerial photos of the site showed a house and a small parking lot near a road nestled between the hills. Vukcevic's deputy, Bruno Vekaric, said the mass grave is believed to be located beneath the building and the parking lot.

Officials did not say when the grave was discovered.

During the Kosovo war, the bodies of Kosovo victims were brought to Serbia by Milosevic's regime in an attempt to cover up the atrocities against civilians.

Some 1,860 ethnic Albanians are still missing from the Kosovo war, many believed to have been buried by Serb forces in similar mass graves in Serbia.

''Serbia has the democratic capacity to face what happened,'' Vukcevic said. ''It is our obligation to the victims who have the right to bury the dead.''

The brutality of Serbia's crackdown in Kosovo prompted NATO to bomb the country in 1999, forcing Milosevic to pull out his troops. Kosovo declared independence from Serbia in 2008. Belgrade refuses to recognize it.

In Kosovo on Monday, officials urged Serbia to face up to its past and overcome its troubled relations with Kosovo Albanians.

Kosovo deputy Prime Minister, Rame Manaj, claimed the discovery was a result of pressure from the EU.

''This comes too late, but this pressure from the international community is welcome as it is the only force that can move things from point zero,'' Manaj said of the discovery of the bodies.

''It is painful news,'' said Xhavit Beqiri, the spokesman for Kosovo's president.

''We suspect there are more Kosovo victims in other such mass graves around Serbia which Belgrade has always known about, but has selectively unearthed them to reduce the scope of the crimes committed in Kosovo,'' Beqiri said.

Vukcevic urged Kosovo's authorities to investigate the fate of about 500 Kosovo Serbs who he said remain unaccounted for since the 1998-99 war after revenge attacks by ethnic Albanians.

------

Associated Press writers Dusan Stojanovic in Belgrade and Nebi Qena in Pristina contributed to this report.

Eds: CORRECTS that 4 of the mass graves were found in Serbia, 2 in Kosovo.

From: BBC News

New Serbian mass grave discovered

A new mass grave thought to hold the bodies of about 250 Kosovo Albanians has been found in Serbia, the country's war crimes prosecutor has told the BBC.

It said the information had come from Eulex, the EU police mission in Kosovo, and Serbia was sending investigators.

The victims are believed to have been killed during the 1998-99 conflict, when Serbian forces fought ethnic Albanian rebels in Kosovo.

The grave is near the town of Raska, close to the border with Kosovo.

There had been rumours two years ago that the grave existed, but searches at that time found nothing.

'Beneath building'


The war crimes prosecutor's office said it would be several days before exhumations could begin at the site in Rudnica, about 180km (110 miles) south of Serbia's capital, Belgrade.

Officials said the remains were buried beneath a building whose foundations had been deliberately constructed to hide the site, reports the BBC's Mark Lowen in Belgrade.

The prosecutor, Vladimir Vukcevic, said the discovery was a sign that Serbia was committed to coming to terms with its history.

"This is more proof that Serbia does not shy away from its dark past and is ready to bring to justice all those who have committed crimes," Mr Vukcevic was quoted as saying by AFP news agency.

Our correspondent says identifying the victims through DNA analysis is likely to take several more years - and prolong the painful period of reconciliation.

It is not the first time mass graves from the conflict have been found in Serbia. The bodies of more than 800 Kosovo Albanians were found in several locations in Serbia in 2001, including police compounds.

The bodies were moved out of Kosovo before a Nato bombing campaign forced Serbian security forces out of the region.

Other, smaller mass graves have been found containing Serbian victims of ethnic Albanians.

Researchers in Serbia and Kosovo say more than 11,000 people died in the Kosovo conflict, most of them ethnic Albanian, but at least 2,300 Serbs.

Hundreds missing

A further 1,800 people are classified as missing, according to Eulex figures, but are presumed to be dead.

A former top Serbian police official, Vlastimir Djordjevic, is currently on trial at the UN's Hague-based war crimes tribunal for the former Yugoslovia.

He was allegedly involved in the murders of hundreds of ethnic Albanians and the deportation of 800,000 others from Kosovo during the conflict, when he was in charge of police forces in Serbia.

He denies charges of deportation, murder and persecution.

He was a close aide to the late Yugoslav President Slobodan Milosevic, who died in tribunal custody in 2006 before a verdict was reached in his trial for war crimes.

Belgrade withdrew forces from the Serbian province of Kosovo in 1999 after a Nato bombing campaign, and the area was put under UN control.

Kosovo's declaration of independence in 2008 has been recognised by more than 50 countries, including the US and most EU states, but not recognised by more than 100, including Serbia and Russia.

Recent Serbian governments have been pro-Western and last year the country submitted a formal application to join the EU.

But membership negotiations cannot begin in earnest until two war crimes suspects - including the former Bosnian Serb military commander Ratko Mladic - have been captured.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/europe/8671783.stm

Published: 2010/05/10 12:36:48 GMT

© BBC MMX

Wednesday, May 5, 2010

40th Anniversary of May 4, 1970

May 4, 2010 is almost over, and yet, I cannot let this day pass without writing at least a few lines (in fact, it will be May 5 by the time this is posted). Today was the 40th anniversary of the Kent State shootings. Although I was not even born yet, I am tied to the events of that day for two reasons - my uncle was a journalism student at Kent State in 1970, and I graduated with two degrees from the university in the 1990s. In 1995, I attended and participated in the 25th year commemoration of the shootings. I often think that my interest in memory goes back to my early experiences at the university, and the yearly debates that surfaced about what to do -- or not -- to commemorate May 4 (photo of students running for cover in a May 4 parking lot)

During my six years in Kent, my feelings about May 4 evolved and matured, as I listened to professors, students, family members, townspeople and poets bear witness (my uncle NEVER talked about May 4 -- it was, in a sense, his secret). As a first-year student, I went to an initial meeting of the "May 4th Task Force," but I was not involved in politics at the time, and I felt that I would need to be were I to become a part of the group. Later, I participated in a silent candelight procession on May 3 around the perimeter of the campus, which ended in the parking lot where the students were shot. This was one of the most moving moments of my time as a Kent State student.

Over the past few days, I have barely been able to keep up with the articles and reports on May 4. Rather than attempting to review the multiple articles out there on Kent State, I will just post links to several, most of which are from the greater northeast Ohio area:
The flood of articles is, of course, due to the anniversary year. However, the increased press is also because the May 4 site has recently been listed on the National Register of Historic Places, and a new "walking tour" has been constructed to facilitate doing what the stones of the memorial state -- "inquire, learn, reflect." A "visitors' center" is also planned, which will be housed in Taylor Hall, the journalism building that sat in the middle of the protests and the fatal shots.

I am glad that the University has taken steps to acknowledge visibly the physical markers of May 4, or to give voice to those places where a story has been missing. For example, when I was a student at Kent, everyone knew to "look for the bullet hole," and yet, this hole remained unidentified to the everyday observer. I have not yet returned to Kent to visit the campus and see how the tour is laid out, but it seems to be designed to enhance engagement with and reflection on the past, as well as with the present. Kent State did not happen in a vacuum, and hopefully, the tour will provide an appropriate historical context for the events of May 4, so that the memorial and eventual "visitors' center" can be as interactive as possible. A few pictures:

from the KSU website

May 4 Memorial, dedicated 1990 (photo here)

Without a doubt, it is essential to learn what happened on May 4, 1970 in Kent, Ohio.* Unfortunately, part of the learning has, until now, often involved "picking a side," with the choices being "innocent students" versus "evil National Guard." After all this time, hopefully we can do better than that. There are so many ways we can link the local tragedy of May 4 to the national tragedies war produces. When we learn about one May 4, we inevitably find out about others, much like Ariel Dorfman opened many Americans' eyes with The Other September 11.

When we remember the 4 students killed 40 years ago at Kent State, we should take the time to inquire about other unjust deaths, including those perpetrated by our own country. I agree with and like the "Inquire, Learn, Reflect" statement on the stones that form part of the 1990 May 4 Memorial. But perhaps, 20 years after that memorial was unveiled, Kent State is showing the university is ready to go beyond reflection, toward action.

What will it mean to make May 4 a "historical site"? This summer, I plan a visit to Ohio. I will report back with more detailed observations then. For more, see the Kent State May 4 Center website here and the university's Center for Applied Conflict Mangagement.

*Laurel Krause, the sister of one of the May 4 victims, has set up a "Kent State Truth Tribunal: "We hope the Kent State Truth Tribunal will help to heal those involved, establish cause and effect, and shed light on responsibility for the events that transpired on May 4, 1970. We have not set out in pursuit of punitive justice, but rather the restorative justice that comes from collective sharing and healing. The Truth Tribunal honors those whose lives have been directly affected by the killings and also marks the importance of Kent State as an influential chapter in the history of protest, democracy, civil rights and public security in the United States."

In memory of R.B.

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