Greek Journalist Calls Tribunal 'Political'
Wednesday, 13 October, 2004
Greek Journalist Calls Tribunal 'Political'
Wednesday, 13 October, 2004
As a journalist, editor and publisher of a Greek magazine, 'Nemesis,' Kanelli visited Serbia during the 1999 Kosovo War. She reported on civilian casualties from NATO bombing in Aleksinac in Southern Serbia. According to her article in April 1999 and her testimony in court, there were no military targets in Aleksinac. She identified destroyed buildings in photos taken shortly after the bombing as residential apartments, houses and the town's central square.
In cross examination, however, Prosecutor Geoffrey Nice read accounts from Human Rights Watch (HRW), NATO, Yugoslav authorities and Tanjug, FR Yugoslavia's official news agency, all acknowledging that the intended target was the military barracks in Aleksinac. One bomb missed its target, killing 12 civilians and wounding others, as reported by HRW. NATO identified the targets as the 203rd Mixed Artillery Brigade and the Deligrad barracks. It acknowledged with regret that one of its weapons had possibly fallen short of its target, stating it was the first incident of civilian casualties as a result of NATO bombing. When asked about her failure to find out about the existence in Aleksinac of a military target, Kanelli defended her reporting by arguing that she was a reporter, not a prosecutor who makes inquiries. 'I'm a reporter. I just go, report on what I see. . . .'
Prosecutor Geoffrey Nice challenged Defence Counsel to support the relevance of Kanelli's testimony to the charges against Milosevic. Mr. Kay argued that the Accused has stated his country was acting in self-defence against aggression from foreign powers in the Kosovo war. NATO destruction of civilian structures supports that proposition, he told the Court. Judge Robinson ruled it was relevant.
From Aleksinac, Kanelli traveled to Belgrade where she spent five days during the bombing of the city. While there, she, together with 4 or 5 other journalists, 'had the honor and the privilege' to interview Milosevic. The question she asked was whether the Rambouillet Agreement, which sought to resolve the conflict between Kosovar Albanians and Serbia, was the end of the state of 'so-called Yugoslavia.' Serbia's refusal to sign (and thereby cease military actions against Kosovo Albanians, civilians as well as KLA) led to NATO bombardment. The witness answered, 'I wish he could answer himself this question the way he did and I wish he could ask it being the lawyer himself.' Stating that she couldn't quote him, Kanelli testified that Milosevic said it was the end.
The witness went on to 'thank God' that Milosevic was still alive and 'can give his answer to history.' When she referred to the ICTY as a 'political court,' however, Judge Robinson stopped her, ruling that was 'entirely out of order.' Judges Robinson and Bonomy interrupted the witness several times to direct her to answer the questions asked, rather than speak at length on peripheral or irrelevant matters. They made it clear from the beginning that she could not use the proceeding as a forum to lecture the Court or address a wider public on issues not related to the charges against the Accused.
Concerning the bombing of Belgrade, Kanelli, who is currently a Member of the Greek Parliament in collaboration with the Communist Party, identified several public buildings that were hit. She reported that journalists heard rumors that the building housing Radio Television Belgrade (RTV) would be targeted. The Greeks, she said, had a special interest in RTV since they had invested in it. When NATO did bomb it, Greeks (NATO members) objected to sending planes to bomb their own investments.
Kanelli also testified about a 150 year old plan for a 'Greater Albania' which included parts of Greece, and referred to a Nazi plan to cut the Balkans into smaller, dependent nations. The latter plan, she said, 'absolutely described what happened.' She also referred to a German Defence Department report she published describing the Kosovo Liberation Army as mafia, drug dealers and traffickers. Judge Robinson stopped the witness from continuing in this vein, saying 'I have heard enough.'
Following direct examination by Defence Counsel, the Presiding Judge gave Milosevic the opportunity to question the witness. The Accused turned to Kanelli, 'Were you asked the questions agreed?' 'I could have been asked more,' she replied, especially about the documents concerning the Nazi plan. When Judge Robinson invited Milosevic to fill in the gaps, however, he refused. He would not enter into the merits until his rights were restored, he declared. 'This is pure and simple farce.'
In cross examination, Kanelli affirmed an earlier description of the ICTY as 'a political instrument of genocide and satanization,' and included the Rwanda Tribunal in her assessment where 'Catholic nuns were blamed for genocide,' apparently a concept she found preposterous.
Following Kanelli's appearance, Defence Counsel Steven Kay informed the Court that he had withdrawn the next scheduled witness on instructions transmitted by the liaison from the Accused. Given instructions, he felt he had no other choice. Judge Robinson approved the withdrawal, specifically acknowledging Milosevic's cooperation: 'It is a matter for you in collaboration with the Accused to determine how the case is to be conducted.'
The Defence was left with no further witnesses to call at this time. Preliminary to securing Court orders to compel witnesses to testify, the Defence has been seeking government waivers for certain witnesses. This is necessary where a witness was a government official at the time of the events to which he or she will testify. Kay advised the Court that he would welcome a discussion on the exact means to secure witness attendance under these circumstances.
The trial was adjourned until next Tuesday. This Thursday, October 21, 2004, the Appeals Chamber will hear oral arguments on the Defence motion to overturn the Trial Court's order appointing counsel to represent Milosevic.
