right to appoint judges to the panel. Both countries have alsornbeen among the staunchest supporters of the Muslim side inrnBosnia ever since the beginning of the war, supplying it withrnweapons in violation of U.N. resolutions. The British journalistrnNora Beloff points out that such composition of The HaguernTribunal precludes it from meeting Western standards for anrnindependent judiciary:rnIt was formed on the model for the Nuremberg Tribunal,rnwith the Serbs cast in advance for the role played atrnNuremberg by the Nazis…. Selected governments, representingrndifferent race and religions, were free to namerntheir own judges. Boutros Boutros-Ghali, knowing thatrnthe Americans were primarily interested in incriminatingrnthe Serbs (and so commanding the “moral highrnground”), was careful to exclude countries representingrnthe Orthodox Christian tradition. These might havernbeen sympathetic to the Serbs. Most of the judges camernfrom countries where it is normal to decide the verdict inrnadvance of the trial.rnThe panel also includes a Nigerian (where they execute poetsrnfor their writings), a Chinese (where nobody has been prosecutedrnfor Tiananmen, let alone the horrors of the Mao era),rnand an Egyptian Muslim. With guardians like these, the NewrnWorld justice needs no transgressors.rnThird, the Bosnian Muslim government has stage-managedrnthree well-publicized explosions in Sarajevo, in May 1992,rnFebruary 1994, and August 1995. A total of 121 civilians werernkilled by these blasts. The first incident (the “breadqueue massacre”)rnfacilitated the imposition of punitive sanctions againstrnSerbia and Montenegro. The second—the infamous MarkalernMarket incident—^led to the imposition of a heavy weapons exclusionrnzone around Sarajevo. The third provided the pretextrnfor massive air raids against the Bosnian Serb Republic.rnWhile each of these incidents was blamed on the Serbs,rnWestern intelligence analysts and ballistic experts know therntruth. So do U.N. investigators, but their findings have beenrnkept secret on American insistence. The facts of each case havernbeen extensively reported in Europe and Canada (The Independent,rnThe Toronto Star, The Times) and in some American periodicalsrn(the Nation and Chronicles). They have not been reportedrnby major American networks, wire agencies, or dailyrnnewspapers. It would be highly embarrassing to the administrationrnif they were, since each of those incidents provides amplerngrounds to take Izetbegovic & Co. on the first plane to ThernHague. It is also striking that Dr. Karadzic and Ceneral Mladicrnhave been accused of all manner of nastiness, but the inquisitorsrnat The Hague have shirked from attributing even one ofrnthese highly publicized massacres to the Bosnian Serb leadership.rnFourth, the indictments of the Tribunal are uninhibitedly selective.rnA total of 46 Serbs have been accused of war crimesrnagainst Croats and Muslims, and seven Croats are indicted forrncrimes against Muslims. In the meantime, the Serbs haverncome to constitute the largest refugee population outside sub-rnSaharan Africa, and there are thousands of well-documentedrncases of atrocities against Serb civilians by Croat and Muslimrnmilitary and civilian authorities.rnThe Tribunal’s bias has been exposed in the indictmentrnagainst Milan Martic, leader of the Krajina Serbs, for having orderedrnthe bombing of Zagreb—which cost five lives. In theirrnattacks against Western Slavonia in May and the Krajina in Augustrn1995, Tudjman’s troops had ethnically cleansed 250,000rnSerbs and killed between J2,000 and 15,000 Serb civilians.rnAsked to explain the discrepancy between what happened inrnthe Krajina and the indictment against Martic alone, MinnarnSchrag, formerly of the ICTY prosecutor’s office, admittedrnthat the decision was political:rnWe at the ICTY Ofhce of the Prosecutor recognizedrnthat the ICTY could not prosecute every violation ofrninternational law that occurred in the former Yugoslavia.rn. . . As for why some things are prosecuted and others arernnot, that is a question that I think arises in every prosecutor’srnoffice. It involves decisions about how to allocaternscarce resources, priorities, purpose. And on a largerrnscale, why the international community decided to setrnup an ad hoc Tribunal for the former Yugoslavia, but notrnfor several other places where there appear to have beenrnserious violations of international law, is also, I suppose,rnexplained by practical politics and many other factors.rnThe model for The Hague Tribunal is not Nuremberg 1946,rnbut Moscow 1938. It is a deeply flawed institution, created forrndishonest political ends. It is also a travesty of justice, as understoodrnand practiced in the civilized world. Ted Calen Carpenterrnlucidly summarized the gut feeling of many Americans in arnrecent column:rnThe Yugoslav war crimes trials have begun amid declarationsrnof the international community’s determination tornbring perpetrators of atrocities to justice. Unfortunately,rnthe proceedings themselves are an atrocity…. The Tribunal,rnlike the Western governments that pressed for itsrncreation, is blind to the reality that there are Serb victimsrnin the Yugoslav war. The world does not need anotherrnexample of moral posturing and double standards masqueradingrnas a search for justice. It would be an act ofrnmercy to end this farce as soon as possible.rnThe farce of Bosnian Serb General Djukic’s arrest by thernMuslims last February, his transfer to The Hague by IFOR, andrnhis indictment by the Tribunal only after his refusal to testifyrnagainst Mladic and Karadzic, is worthy of the judicial proceedingsrnin a Banana Republic. Such seedy episodes should not bernallowed to continue under the honorable Roman name of arn”Tribunal.” They are consistent only with the brave new woddrnin which the United Nations is generating criminal law in chillyrndisregard of the dictum that people can be obligated to obeyrnonly those laws to which they have consented.rnThe Hague sends a clear message to the Serbs, that in today’srnworld there can be crime without punishment, and punishmentrnwithout crime, depending on the arbitrary will of “therninternational community” embodied in Messrs. Clinton, Perry,rnAlbright, and Christopher. To the rest of the wodd the messagernis equally clear: keep quiet, toe the line, eat your McDonald’s,rnlisten to your Madonna, watch your Terminator, forget your historyrnand culture and that Eurocentric trash about dignity andrnthe hierarchy of values… and you’ll be all right. For those whornrefuse to play along, there will be other “Tribunals” globally,rnand Prozessen locally. The bell, it does not toll just for thernSerbs, it tolls for thee . . .rnAUGUST 1996/19rnrnrn