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Former Hague Spokeswoman's Conviction For Publishing Court Documents Criticized

Florence Hartmann, former spokeswoman for ICTY chief prosecutor Carla Del Ponte

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By Ljudmila Cvetkovic

September 16, 2009

BELGRADE -- Florence Hartmann, the former spokeswoman for the UN's International Criminal Tribunal for the former Yugoslavia (ICTY), this week was sentenced for publishing "confidential" documents from the court.

The sentence was relatively light -- just 7,000 euros ($10,270) and no jail time. ICTY Judge Bakone Moloto, who on September 14 found Hartmann guilty on two charges of contempt, said that by violating the court's confidentiality rules, the Frenchwoman had put the credibility of The Hague tribunal at risk.

But Hartmann's supporters say the court is to blame for seeking to hide potential evidence linking Belgrade to war crimes in the Bosnian war.

Moloto suggested that the punishment could have been far worse, noting that the maximum penalty could have been seven years in prison and/or a fine of 100,000 euros.

Hartmann had worked as a journalist covering the Balkans in the 1980s and '90s. She left her job as the Belgrade correspondent for the French daily "Le Monde" to become the spokeswoman for The Hague tribunal, a job she held from 2000-06.

Did Hague Protect Belgrade?

During her time at The Hague court, Hartmann had access to documents that detailed the involvement of the Serbian government, particularly President Slobodan Milosevic, in the Bosnian war of the 1990s. After leaving, she published a book and a magazine article that included information culled from the court documents.

Most notably, she wrote that the court had decided privately not to disclose information potentially linking Belgrade to a number of war crimes in Bosnia, including the 1995 massacre of 8,000 Muslim men and boys in Srebrenica.

A mass grave of Bosnian Muslims in Srebrenica -- did The Hague court hide evidence of Belgrade's involvement?

The court this week said Hartmann had "knowingly and willingly interfered with the administration of justice" in publishing information from court documents, and could potentially hurt further ICTY trials.

Before the verdict was delivered, Hartmann herself argued that much of the information in her book, "Peace and Punishment," was publicly available from other sources even before the book was published.

"The verdict is not related to my case only, but to fundamental principles regarding journalism and freedom of speech," she said.

The defense also asked the court to consider as a mitigating circumstance the fact that the book had sold relatively poorly. Still, Hartmann's attorney, Guenael Mettraux, told RFE/RL he was "disappointed" by the verdict and said it would have a dampening effect on future court proceedings.

"We are very disappointed by the verdict -- actually, by the fact that the court didn't accept the arguments and evidence which we presented. At the moment we're thinking about whether we should appeal the court council's verdict -- and probably we will do so," Mettraux said.

Questions Of Transparency

In her writing, Hartmann alleged that ICTY judges concealed key documents about involvement by Serbian and former Yugoslav Republic officials in the Srebrenica massacre. She said that decision enabled the court to stop short of holding Belgrade directly responsible for the killing.

The ICTY, in its February 2006 ruling, found the former Yugoslav officials responsible for failing to prevent the massacre, but did not find them guilty on genocide charges.

The ruling has angered Hartmann's supporters, who say that the court is sending the wrong message to participating states by suggesting it will turn a blind eye to incriminating evidence.

"The judge made a decision to conceal from the public data from the state which organized numerous horrifying crimes and which asked that this data be classified as secret," says Natasa Kandic, a Belgrade-based activist who heads the Humanitarian Law Center, which documents war crimes.

"This is an encouragement for states to conceal and keep secret very important information which would contribute to establishing the truth and the responsibility of the institutions."

Serbian officials tasked with liaising with The Hague court declined to speak to RFE/RL. But in Bosnia, Smail Cekic of the Sarajevo-based Institute for Research of Crimes Against Humanity and International Law said Hartmann's verdict was a painful blow for investigators and genocide victims.

"All genocide victims in Bosnia and Herzegovina expect and ask the appeals court to lift all charges against Florence Hartmann," Cekic said.

"With this verdict, the court has jeopardized its integrity, and once again took the stance that it will protect the integrity of some states -- in this case Serbia -- in order to conceal the truth about what happened in Bosnia and Herzegovina."

This forum has been closed.

Comment Sorting

Comments page of 2

by: Antifascist

September 16, 2009 17:09

Of course it does send the wrong message! That the International community, the West, does not care when the lives of Muslims are involved! That to them Muslims are lesser human beings! That, out of connivance with the Serbs justice was thwarteed and corrupted. And when someone exposes the scam, he or she is intimidated into silence by the self-serving and self-righteous heads of the Tribunal. Now, I am NOT questioning the legitimacy of teh idea of an International War Crimes Tribunal (I think the one that has to deal withthe genocide in Rwanda is doing a good job, at least I have not heard any statements to the contrary). But the practical aspect is flawed at best. They have bungled the process of Slobodan Milosevic. They have destzroyed belongings of the victims of the massacre of Srebrenica on dubious grounds of "health risk", they have never questioned the legitimacy of Karadzic's genocidal project "Republika Srpska", they have convicted the commander of the Bosnian Army wjho was guilty of no more than defending his people. And the whole Tribunal was only though as a sort of compensdation for the West having done NOTHING to stop the serb genocidal crusade! No, the Bosniaks should be able to handeöl tzheir war crime3nals themselves! Then. Milan Lukic would NOT escape judgmnent for mass rape, and Karadzic would have to answer for ALL crimes he instigated. And such a morally, intellectually, physically REPULSIVE person as Biljana Plavsci would remain where she belongs, behind bars!

by: Prince Igor

September 16, 2009 18:06

There's much more to this story than meets the eye.

Like the cited (in the article) Kandic, Hartmann has appeared far from objective. RFE/RL could've contacted any number of Serb and non-Serb critics of the neocon/neolib leaning kangaroo court at the Hague, whose recent action serves as a slick PR benefit - to an otherwise dubiously slanted spin.

On a related front:

This is why I am not a journalist
http://grayfalcon.blogspot.com/2009/09/this-is-why-i-am-not-journalist.html

by: Abdul Majid

September 17, 2009 16:14

Given that the bad side of human nature outweighst the good, alas, there will always be such horrible people like Hitler, Stalin, Pol Pot, Milosevic or Karadzic around, and henchmen like Berija, Himmler, Heydrich or Milan Lukic to do their bidding, and there will always be immoral politicians and jurists who connive and abet genocide. And try to intimidate or silence people like Florenec Hartman who expose those despicable figures. As if this were not already evil enough, there are such lowlife opportunists like Michael Averko and his buddy Nebojsa Malic defending the indefensible genocidals and bad-mouthing and throwing scorn on the victims of genocide. How execrable if such people are paid by evil regimes such as the Serb or Russian one, but worse is when they do it out of conviction. But there will always be decent people around, like Brazilian Man and yours truly to expose these evil subjects for what they are. And if you think that I feel superior to you and may show you soem arrogance, well , it is your own statements and ideas which expose your moral and intellectual shortcomings, not my saying it. I'm only telling it like it is.

by: Prince Igor

September 18, 2009 11:51

The individuals who "Abdul Majid" brings up are considerably more honest than the likes of Marko Attila Hoare and "Daniel" of the Srebrenica Genocide Blog.

Hopefully, these comments will go up on like some others of mine which haven't.

On former Yugoslavia, RFE/RL has been extremely biased. These seems to extyend to the preference which seems to be given to Abdul Majid's unctous comments.

by: Moderator

September 18, 2009 11:51

Please see the forum rules:

"We do not seek to limit your expression of ideas, but material that is libelous, defamatory, obscene, indecent, abusive, violent, pornographic, threatening, harassing, discriminatory or that constitutes hate speech or is illegal is not allowed and may be deleted at the discretion of the site management."

And you can't really know how many comments by other users are rejected, can you?

by: Abdul Majid

September 18, 2009 17:20

Mi-HEEL Averko (as in HEEL Hitler), just so you know, Dr. Marko Attila Hoare and Daniel of the Srebrenica Genocide Blog are decent and truthful, in different to people like YOU or that idiot Nebojsa Malic whom you so wholeheartedly support. And if my comments are "unctuous"; well yours, like all those of genocide and holocaust deniers jsut throw your moral and intellectual shortcomings into sharp relief. Didja get my drift, or do I have to use the expression "genocidal fascist moron?"

And this here is RFE/RL, not "Noz, zica, Srebrenica," Serbianna, SerbNet, antiwar.com or "Support for Milosevic, Karadzic, Mladic" or "Islamophobia.net" or some such. Averko, why don't you post there where you are among your disreputable friends and spare intelligent, decent and honest people your pro-Milosevic and pro-Putin drivel. Which is not only mendacious and evil but also starts to get pretty boring. Can't you come up with something new or something intelligent for a change?

With all your saying "I have refuted you" you prove NOTHING!

I don't feel my comments are getting preferential treatment from RFE/RL, and I wouldn't want them to, but at leats I do not stand for nor try to justify genocide, bad faith and brute force as means of ploitics just liek you do but quite the contrary. (I still wonder why comments who actually support genocide and bullying are allowed to pass, but I see you have finally tried the patience of somebody a little too much.)

If you consider yourself, or Radovan Karadzic, or Biljana Plavsic, to be a good Christian because you HATE Muslims, then I am glad that I am NOT a Christian, and I'd rather face DEATH than be baptized!

And I challenge you: With what are you going to have the Orthodox cross chase the Crescent out of Bosnia? do you plan to go there with a private army to kill more of us balije? If war breaks out in Bosnia again by all means do come! Anytime, buddy!

Abdul Majid
Proud not to be THAT kind of Christian!

by: Abdul Majid

September 18, 2009 17:25

What do you mean, Michael Averko aka Prince Igor, that you consider Hitler, Stalin, Pol Pot and Milosevic, and their henchmen Berija, Himmler, Heydrich,Karadzic ad Milan Lukic to be more honest than Marko Attila Hoare, or Daniel from Srebrenica Genocide Blog?
You didn't need to explain that to me.
I have always known you for what you are.
A fascist crank.
And let me tell you, Islam forbids to look down on other human beings, but in case of the genocidal fascist morons I will gladly make an exception.

by: Prince Igor

September 19, 2009 06:12

Moderator

You suggestively direct such to me unlike Abdul Majid. This conforms with the bias of the RFE/RL commentary on former Yugoslavia.

Although slanted in a certain direction, the RFE/RL bias against Russia isn't as great. I also note not having problems with comments of mine getting posted under articles dealing with Russia.

As for the person posting as Abdul Majid, he/she has said things which very much fall in line with what you direct at me. Moreover, the record shows that he/she has initiated manner which can be reasonably considered as troll like.

by: Abdul Majid

September 21, 2009 00:32

Of course I share the ideas of RFE/RL. I have been against the evil Soviet empire since I could crawl. And I see continuity in modern Russia. I have always despised racists and fascists of all kinds and of all sorts, and I will continue to do so for as long as I live. Somebody like you, Mr. Averko, who has nothing but scorn and contempt for the Bosniaks just on ground of their being Muslims, and admiration for poor old bankrupt tinpot dictator Milosevic and other such vermin, not only throws his moral and intellectual shortcomings into sharp relief, by insuting me personally and calling me troll or whatever you are doing nothing to advance your cause, and nothing to add to the reputation of the serbs, quite the contrary. You put yourself in the wrong and people like the Brazilian Man or yours truly are vindicated. So calling me a troll or complaining about my manners is not at all helpful. Besides that I am only doing as my father taught me: "With a gentleman, conduct yourself like a gentleman, and with a scoundrel, like a soundrel; anything else is bunk."
By your statements you stand for all evil the Western Allies fought against in World War II. (I 'm not including Stalin here, because the Stalinists did NEVER fight for the people,only to maintain themselves in and increase their power. Eastern Europe languished for 45 years under the worst tyranny Mankind has ever experienced. And Putin's Russia is just Stalinism by other means - dissent is not tolerated but suppressed. The Bosniaks were subject to a genocide maybe not as thorough or as technically organized as the Holocaust but with the same aim and of the same spirit.) So, sorry if this offends you, you fall into the category of the latter.
And to return to the subject of this article, by this lasst in a series of rather peculiar incidents which reflect that the employees and officials of this Tribunal are morally corrupt and care more for themselves and for the crimionals than for the victims of crime. And that is very counterproductive for the idea of justice for the oppressed or for the victims of genocide. But that does not mean the idea in itself is wrong. It is only being corrupted and muisused for the particular interests of certain nations or states. Just like the United Nations. Fortunately, the Tribunal for Rwanda seems to be doing its job, and quite well too. And if Rwanda is handling its own war crimes cases then so should the Bosniaks. And it is HERE the world should help them. Come to think of, if this had been done for Afghanistan too, today the Taliban would be only a bad memory.

by: Prince Igor

September 21, 2009 09:09

Like other parts of Bosnia, Srebrenica involved killing on all sides. The manner of the casualties ranged from collateral damage, killed in combat and the war crime of summary execution.

In the last few years, the fallacy of 200,000 or more Bosnian Civil War fatalities has (for the most part) been put to rest.

There's valid reason to question the figure of 7,000 or more Muslim males summarily executed at Srebrenica. Never mind the crimes Bosnian Muslim and Croat nationalists.

The likes of Kucan, Tudjman, Izetbegovic and the KLA greatly contributed to the wars of the last decade in former Yugoslavia.

Vile propagandists cover these fact based points with bigoted deceit. Earnest folks present them for sincere dialogue, which excludes bogus name calling and lie filled smear campaigns.

So much for the disingenuous likes of Marko Attila Hoare and "Daniel" of the Srebrenica Genocide Blog.