Florence Hartmann’s fundamental rights as European citizen may be now breached by the ICTY’s efforts to imprison/impose a fine upon her. The ICTY (International Criminal Tribunal for the former Yugoslavia- set up in the wake of the Balkan conflicts), has ordered France to arrest Florence Hartmann Top Photo) the former tribunal spokesperson on grounds that she has failed to pay a €7,000 fine imposed for contempt of court – but in reality for disclosing presumably confidential decision/deliberation by judges who opted to keep secret from public and perhaps the International Court of Justice –“ICJ”-, (with respect to genocide case brought by Bosnia & Herzegovina "BiH" against Serbia, (and on which I was Agent on behalf of Bosnia & Herzegovina from inception till 2001). A Matter of Money or Retribution at Expense of Transparency, Justice as well as Legality: A five-judge appeals panel at the International Criminal Tribunal for the former Yugoslavia (ICTY or Tribunal) “directed and authorized” France to search for, arrest and detain Florence Hartmann and surrender her to the Tribunal, After losing her appeal in July this year, Ms. Hartmann had been ordered to pay her fine in two installments of €3,500 each by mid-August and mid-September respectively, according to the UN News Centre Report citing ICTY. Ms. Hartmann subsequently wrote to the Tribunal saying she is indigent and unable to pay her fine, but that supporters of her have deposited the funds to pay the fine in a French bank account. However, the ICTY's finance department said it had yet to receive either installment and the court stated that Ms. Hartmann was obligated to pay the fine in the exact manner prescribed. Deeming the fine to have not been paid, the appeals chamber today decided to convert the fine into a term of imprisonment of seven days. Rights of Ethnic Cleansing Victims & of Ms. Hartmann However, are Ms. Hartmann’s rights and effectively the rights of millions of victims of ethnic cleansing/genocide (who were injured legally as well as perhaps morally by the ICTY’s efforts to keep admittedly relevant evidence as to crimes and institutional culpability secret from such victims and perhaps a sister UN Court ICJ). The European Convention on Human Rights (officially “The Convention for the Protection of Human Rights and Fundamental Freedoms”) would seem to have priority, and would oblige French, Bosnian and other European parties/authorities to act accordingly. Also, to what degree may any whistleblower protections are being violated under European laws? Bosnian/Herzegovinian victims and those who would realize the greatest relief/remedy if the “secret evidence” was made public have supported Florence in this event, and have standing on their own with respect to the initial decision favoring confidentiality/secrecy, (which has never been in my opinion adequately rationalized in context of legality or justice). Further, in my view, Judge Mloto’s (of South Africa - Middle Photo) judgment was as wrong with respect to Florence’s Hartmann’s “culpability” as was his dissent in the prosecution - where I also testified as Prosecution witness (Bottom Photo) - of Belgrade General Momcilo Perisic, (which would have alleviated legal responsibility and guilt for war crimes and command and control culpability – Read: “War Crimes Tribunal Guilty Verdict for Serbian General” diplomaticallyincorrect.org/films/blog_post/war-crimes-tribunal-guilty-verdict-for-serbian-general-by-ambassador-mo/34978. Also, see Film Report: - “General Perisic Verdict & Sentencing” - diplomaticallyincorrect.org/films/movie/general-perisic-verdict-sentencing/28463). Legality Should Search for the Truth & Not Punish Transparency & Justice: Rather than punish Florence Hartmann for providing light on a rather questionable decision by the ICTY, perhaps it would be appropriate for the ICTY to reverse and explain its initially secret ruling inconsistent with transparency, legality as well as justice. Further, if Florence is to become the first “non-Yugoslav” national to be convicted by the ICTY, why not take a closer look at European/US and other international officials who may have been complicit, acquiesced and/or reckless in facilitating genocide and other grave violations of international humanitarian law in the context of the crimes committed against BiH citizens and especially the betrayal of the “UN safe areas” and “NATO protected zones” of Srebrenica and Zepa? (See Film Report – “NEW INQUIRY on SREBRENICA GENOCIDE”- diplomaticallyincorrect.org/films/movie/new-inquiry-on-srebrenica-genocide/19068 Facebook – Become a Fan at “Bosnia TV” and/or “Diplomatically Incorrect” Twitter - Follow us at DiplomaticallyX More Related Reports – “Srebrenica Genocide Channel” - diplomaticallyincorrect.org/c/the-genocide-of-srebrenica/most_recent/6