How will Milosevic's trial affect RI?<\/p>\n
The United Nations war crimes tribunal against former Yugoslav
\npresident Slobodan Milosevic has begun. How will this affect many
\nunsettled cases of human rights violations in Indonesia? Renowned
\nlawyer and executive director of the Jakarta-based Center for
\nHuman Rights Studies (Yapusham) Todung Mulya Lubis shares his
\nviews.<\/p>\n
Question: How much hope do you have regarding the settlement
\nof cases regarding Indonesia's human rights violations with the
\nbeginning of the Milosevic trial?<\/p>\n
Answer: This should serve as a lesson to Indonesians that
\n(perpetrators of) crimes against humanity and war crimes can be
\nsubject to an international tribunal.<\/p>\n
That we have not ratified the Rome Statute (on the
\ninternational criminal court) must not lead us to consider that
\nwe are immune.<\/p>\n
Rapid development in international law could cause
\nperpetrators of human rights violations to be brought to an
\ninternational trial even though the jurisdiction of the
\ninternational court has not been recognized.<\/p>\n
Secondly, this (the Milosevic trial) will of course aid all
\nparties concerned with human rights for a speedier process in the
\nset up of a human rights court and an ad hoc human rights court
\n(for crimes that occurred before the passing of the Human Rights
\nCourt Act on Nov. 23 2000).<\/p>\n
Our neglect in failing so far to set up such a court will
\nprovide justification for international rights activists,
\nincluding those from countries highly concerned about human
\nrights violations such as in East Timor, to demand the
\nestablishment of an international tribunal if our own courts
\nprove to be ineffective. ....<\/p>\n
Instruments such as (delaying) international aid could also be
\nused ...<\/p>\n
Therefore, the Milosevic trial will have a positive impact in
\nour preparation for a human rights court.<\/p>\n
What should be prioritized among so many of our human rights
\nviolations cases?<\/p>\n
Priorities should be the cases in Aceh, Papua, East Timor and
\nthe shooting of students of Trisakti and in the Semanggi area --
\nnot that other cases are not important, but we must have
\npriorities.<\/p>\n
Is there a double standard in the prosecution of Milosevic, as
\nsome have suggested, given earlier calls that former president
\nSoeharto should also be brought to an international tribunal?<\/p>\n
This (allegation) would be inaccurate. There has not been a
\nresolution from the United Nations Security Council against
\nSoeharto saying that he is responsible for crimes against
\nhumanity and that he can be brought to an international tribunal.<\/p>\n
If the atmosphere is more conducive now to speed up human
\nrights violations trials won't there be resistance from the
\nIndonesian Military or its members?<\/p>\n
Not as long as the trial is fair, objective and free from
\nbeing "engineered."<\/p>\n
A human rights trial in the country would be far better than
\nan international court -- which would further tarnish our image.
\nHowever, who could guarantee that there would be no intervention?<\/p>\n
Meanwhile, the retroactive clause in the Human Rights Court
\nAct (passed last November) will indeed pose a problem (such as)
\nthe possibility of many cases being considered closed ...<\/p>\n
With the passing of the attorney general Baharuddin Lopa who
\nwas considered a man of integrity despite his critics, are you
\nstill optimistic of a more smooth process toward the settlement
\nof cases of human rights violations?<\/p>\n
Even with Lopa, the task of setting up a human rights court
\nand an ad hoc court was never seen to be easy despite the (Human
\nRights Court) Act No. 26, 2000 ... because of the absence of
\ninfrastructure and the lack of personnel.<\/p>\n
So, it would take a relatively long time to set up such courts
\nunless we want to set up show trials.<\/p>\n
Without Lopa, one factor that might have sped up this process
\nis now gone; how long it will take depends on the new attorney
\ngeneral, who will have to adjust (to his surroundings).<\/p>\n
Unfortunately, we now face this political situation ahead of
\nthe special session of the People's Consultative Assembly
\n(scheduled for early August), the results of which we cannot
\npredict.<\/p>\n
Much attention will be focused (on this event) and this will
\nmake the process (toward settling human rights violations) even
\nslower. (anr)<\/p>",
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