Serbia’s Organ Trafficking Resolution Fails, by Ambassador mo
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Belgrade officials may have overplayed their diplomatic hand and thus ended up with not enough UN Security Council support on resolution regarding alleged organ trafficking during the Kosovo conflict. According to several sources, Russia tested the ground, informally, for a resolution drafted in Belgrade calling for the appointment of a Special Representative of the UN Secretary General to pursue such allegations first introduced in a report by Council of Europe Member Dick Marty. Purportedly the international/EU mission in Kosovo (EULEX or European Union Rule of Law Mission in Kosovo) does not necessarily have the mandate/capacity to pursue such investigations/allegations beyond the region. This may have opened the need and opportunity for such to be pursued by some other authority/entity. Further, a few months earlier the UN Security Council had been presented with such allegations during an open session on Kosovo. SEE FILM REPORT - diplomaticallyincorrect.org/films/movie/kosovo-un-organ-trafficiking/26934 More Political Rather than Justice Focus? The charge of organ trafficking would necessitate not only a proper investigation but also a judicial process to deliver justice, assuming any validity to the allegations. As Marty’s investigation alleged a potential “criminal” enterprise, a criminal court in several venues would have potential jurisdiction to investigate and prosecute, if warranted. To the extent that such allegations constituted a war crime - grave violation of international humanitarian law - such offenses may then have fallen under the jurisdiction of the ICTY (International Criminal Tribunal for the former Yugoslavia). However, Belgrade’s effort at a UN Security Council resolution appeared to have more of a political rather than justice objective. The draft of the document incorporated plenty of quotes from Serbia’s Foreign Minister but not a rule of law road to satisfy justice. Belgrade was pressing for a UN Security Council mandate but with no clear judicial validation to bring it to closure. (PHOTO of Serbia FM Vuk Jeremic at UN). The United States, UK and French delegations, among others, resisted the matter from being brought formally to the Security Council. They concluded, probably accurately, that Belgrade was more aiming at a way to undermine Kosovo’s independence rather than address justice. While Belgrade may have some support, it is not nearly enough. UN Security Council action appears unlikely for the moment. What though of the accuracy or not of the allegations of organ trafficking, which purportedly included murders? I’m aware of the debate, but being trained as an attorney only makes me more aware that I’m in no position to render conclusive judgment on the allegations, and frankly it would be arrogant. If the allegations are true, justice requires more than a political debate. If the allegations are not accurate, then justice also requires that the innocent be vindicated. By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us – DiplomaticallyX Related Reports at “War Crimes Justice Channel” diplomaticallyincorrect.org/c/war-crimes-justice