73 ordspråk av Richard Dicker

Richard Dicker

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We have grave concerns that the court will not provide the fair trial guarantees required by international law. But it's not too late for the tribunal's judges to fix some of these problems if they take steps to ensure a fair trial.

This is a disturbingly low threshold. It's a real anomaly that reflects Iraqi law but not developing international law.

We understand that any trial will need to be accessible to the victims of the crimes, and to those in whose names the crimes were committed. But if it proves impossible to conduct a fair trial because of the security conditions, the question arises of relocating the trial elsewhere to allow for a fair proceeding.

The problem will occur if judges are not able to insulate the tribunal against that influence. If they are unable to do that, then there are going to be serious questions about the tribunal's fairness and credibility.

This musical chairs that they keep playing with the judges raises profound questions about the credibility of the court.

In the face of provocative outbursts, the judge has to be firm but not trigger-happy in applying sanctions if fairness is going to be respected.

You cannot put new defense attorneys in like screwing in a light bulb. The failure by the appointed attorneys to ask the witnesses questions was probably the most disturbing part.

To minimize the risks involved, the court must make sure the lawyers it appoints mount a vigorous defense.

I think there have been real difficulties and problems in the Milosevic trial. What will be important is the evidence that was presented to indicate the motivation and intent of Milosevic.

The boycott of defense lawyers must be handled in a way that demonstrates both the tribunals full commitment to fair trial rights and its control of the proceedings.

There has only been one case to date in which a war crime committed against ethnic Serbs was prosecuted and properly tried in a Croatian court. By contrast, Croatian courts have found ethnic Serbs guilty of war crimes even for such acts as theft of bedclothes, plates or an alarm clock from a house.

It's a huge setback for justice. Most of all, it's a setback for the victims.

I think indeed that these trials need to be conducted on a more focused basis than the Milosevic trial was. Of necessity, some of these criminal trials will not be able to tell anywhere near the full story of what happened.

It was clear that Slobodan Milosevic was not conducting a legal defense to the charges he was facing. Rather he embarked on a political offensive to secure his place in the hearts and minds of his followers back in Serbia. That approach extended the length of this trial far beyond what it should have.

I think we need to dial down our expectations of the history-telling functions of these trials.

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