Foreign Policy Blogs

Former ICTY Prosecution Spokesperson Found In Contempt

Florence Hartmann, former spokeswoman for the prosecution at the International Criminal Tribunal for the former Yugosavia, was found in contempt of the tribunal Monday and fined 7,000 Euros – over $10,000 U.S. dollars.  She was found in contempt for revealing secret information implicating the Serbian government in massacres in her memoir “Peace and Punishment”.  The secret information was gleened from Defense documents submitted by Serbia to the tribunal in 2003 that demonstrated direct involvement of the government in ordering some of the most horrific massacres of the Balkan Wars, including Srebrenica.   The documents were submitted by the Serbian government under the condition that they be kept secret.  Some have argued that this deal helped Milosevic and others escape being charged with Genocide.

Scholars differ as to whether the Tribunal has authority to enforce contempt charges.  William Schabas argues that it doesn’t and that if Hartmann ignores the court’s judgement she should be able to skirt any punishment.  The court clearly grants itself authority to hold subjects in contempt but individually negotiated extradition treaties do not generally include such a clause. Proponents of the judgment argue that Hartmann’s disclosure deters future governments’ cooperation with special tribunals.

Hartmann plans to appeal Monday’s decision regardless.  Hartmann’s controversial memoir currently sells used for $100 on Amazon where it ranks in the 3,000,000’s.  It is hard to say whether the book’s revenue would offset the fine.

 

Author

Brandon Henander

Brandon lives in Chicago and works as a Project Coordinator for Illinois Legal Aid Online. He has a LL.M. in International Law and International Relations from Flinders University in Adelaide. Brandon has worked as a lobbyist for Amnesty International Australia and as an intern for U.S. Congressman Dave Loebsack. He also holds a B.A. in Political Science, Philosophy and Psychology from the University of Iowa. His interests include American and Asian politics, human rights, war crimes and the International Criminal Court.