Chief UN Prosecutor in Yugoslavia and Rwanda Richard Goldstone

the international criminal tribunal former yugoslavia building in hague, netherlands

in august 1994, goldstone named first chief prosecutor of international criminal tribunal former yugoslavia (icty), established resolution of un security council in 1993. when security council established international criminal tribunal rwanda (ictr) in late 1994, became chief prosecutor, too. appointment tribunals came of surprise, goldstone himself, had limited experience of international law , yugoslavian affairs , had never been prosecutor before. owed appointment italian chief judge of icty, antonio cassese. there had been lengthy wrangling between un member states whom appoint prosecutor , none of candidates proposed far had been accepted. french national counsel, roger errera, suggested goldstone, commenting if jewish, goes down well. suspects in former yugoslavia. s better neither catholic, nor orthodox, nor muslim.

goldstone approached cassese , expressed interest in position. president mandela supported wish take position @ hague, goldstone later recalled: encouraged me. thought important take first offer of major international position after south africa ceased pariah. however, offer put mandela in difficult spot. wanted goldstone, 1 of few south african jurists have earned respect of both blacks , whites, south africa s newly established constitutional court. mandela struck deal un secretary-general, boutros boutros-ghali, goldstone serve half of four-year term prosecutor , return take post in south africa. president rushed through constitutional amendment allow goldstone named, take immediate period of leave serve @ tribunal , return spot on constitutional court. proved ideal candidate, had been suggested french, not hot-headed british, strong enough satisfy americans , credentials white south african had opposed apartheid satisfied russians , chinese. un security council unanimously approved appointment rôle of prosecutor.

in roles @ icty , ictr had design prosecutorial strategies both ground-breaking tribunals, scratch. in doing so, sought scrupulously even-handed – goal more able achieve @ icty @ ictr. built strategy @ both courts large degree on pursued prosecutors @ nuremberg tribunal of 1945–46. served chief prosecutor of 2 tribunals until september 1996. among notable legal achievements chief prosecutor securing recognition of rape war crime under geneva convention.

goldstone hindered inflexible bureaucracy of un, finding newly established icty in shambles when joined tribunal. tribunal lacked political legitimacy, financial support , prosecutorial direction; failure bring prosecutions had led being criticised media fig leaf inaction , , goldstone asked former british prime minister edward heath: why did accept such ridiculous job? had make repeated appeals un s hierarchy , donor nations equipment , funding tribunal needed operate. found key job take [the] big-picture diplomatic role , [recognise] hands-on prosecution work pushed down experienced prosecutors , investigators [graham] blewitt – @ least time being. undertook flurry of media appearances , financial negotiations led tribunal being staffed first time, many staff being recruited through own personal networks; budget of 8 million dollars thirteen countries, supplemented $300,000 donation george soros; , first indictment, of bosnian serb prison camp guard duško tadić.

another problem goldstone faced reluctance of nato peacekeeping forces in bosnia apprehend war crimes suspects. bitterly critical of called highly inappropriate , pusillanimous policy of western countries in declining pursue suspected war criminals, singling out france , united kingdom particular culprits. end of time prosecutor had issued 74 indictments 7 of accused had been apprehended.

goldstone instrumental in preventing dayton agreement of december 1995 including amnesty provisions accused of war crimes in former yugoslavia. commentators had advocated including amnesty price peace; goldstone resolutely opposed this, not because enable responsible atrocities escape justice because of dangerous precedent set, powerful actors such united states bargain away icty s mandate political convenience. in response, goldstone pushed through new indictment of bosnian serb president radovan karadžić , army chief ratko mladić srebrenica massacre, issued 2 weeks peace talks @ dayton. lobbied president bill clinton resist such demands , made clear amnesty not legal basis icty suspend indictments. in end, no amnesty included in dayton agreement. goldstone s actions later credited making negotiations success. chief negotiator, richard holbrooke, described tribunal huge valuable tool had enabled karadžić , mladić excluded talks, serbian side represented instead more conciliatory milosević. dayton agreement put direct responsibility on sides send suspects hague, committing serbian, bosnian , croatian governments cooperating icty in future.

when retired office of prosecutor in 1996, goldstone replaced distinguished canadian lawyer louise arbour. contribution praised colleagues @ icty: goldstone absolutely right time because came moral clout south africa , own particular status champion of human rights.