16 Dec BREAKING: ICTY Orders Immediate Execution of All Acquitted Defendants
Acquitted defendants to be immediately apprehended and executed
The Trial Chamber on Saturday issued a decision on the status of the freedom of individuals acquitted by the Tribunal. The Chamber unanimously ordered all such individuals immediately apprehended and executed.
The Chamber’s order is made pursuant to Rule 54 of the Rules of Procedure and Evidence, which provides that “[a]t the request of either party or proprio motu, a Judge or a Trial Chamber may issue such orders, summonses, subpoenas, warrants and transfer orders as may be necessary for the purposes of an investigation or for the preparation or conduct of the trial.” The Trial Chamber rejected the argument of counsel for acquittees Ante Gotovina and Momčilo Perišić, made in an October 31 motion, that Rule 54 did not apply to the post-trial phase of a case and, in any event, did not permit the Chamber to order the execution of an acquitted individual. The Chamber noted that “the trial” could be fairly read to include the post-judgment phase and pointed out that the Rule provided the Chamber with broad discretion to do whatever is “necessary.”
The Chamber also rejected the claim of defence counsel that Art. 14(3) of the Statute, which provides that “[t]he accused shall be presumed innocent until proved guilty,” prohibited post-acquittal execution. The Chamber held that the provision did not apply, because an individual acquitted by the Tribunal could no longer be considered an “accused.” The Chamber equally disagreed with the claim that the decision countenanced summary execution, noting that it had carefully considered the merits of the issue and that, as judges, the Chamber would never countenance any action that was inconsistent with the rights of the defence.
Finally, the Chamber emphasized that today’s decision was consistent with the object and purpose of the Statute, which is to combat impunity. “The Chamber cannot permit individuals to avoid justice through technicalities such as acquittal,” the judges wrote.
The Office of the Prosecutor issued a statement in support of today’s decision, citing Churchill’s suggestion that high-ranking Nazis be rounded up and shot as precedent for the Trial Chamber’s order. It also immediately filed a motion with the Trial Chamber asking it to prospectively apply the order to current trials, in the unlikely event that guilty defendants such as Karadžić or Mladić are acquitted.
PS. No actual acquitted individuals were harmed in the making of this post, which is satire. Alas, the reasoning that it makes fun of is all too real. See here, for example.