Not that the impunity of some makes others less culpable, but it makes it less just to single them out. It therefore runs the risk of giving credence to their claim of victimisation, and even if it does not cast doubt on the legitimacy of their punishment, it taints the process that turns a blind eye to the culpability of others. The broader the reach of the International Criminal Court, the better it will overcome these shortcomings of ad hoc justice. And sad as they are, the recent events in Kosovo have created in my view, an unanswerable precedent in favour of a broad-based application of international humanitarian law, enforceable before an international forum. They have voluntarily submitted themselves to the jurisdiction of a pre-existing International Tribunal, whose mandate applies to the theatre of their chosen military operations, whose reach is unqualified by nationality, whose investigations are triggered at the sole discretion of the Prosecutor and who has primacy over national courts.
Politicians are often the first to recognize that more is conveyed by deeds than by rhetoric.
Having said that, I am obviously not commenting on any allegations of violations of international humanitarian law supposedly perpetrated by nationals of NATO countries. I accept the assurances given by NATO leaders that they intend to conduct their operations in the Federal Republic of Yugoslavia in full compliance with international humanitarian law. I have reminded many of them, when the occasion presented itself, of their obligation to conduct fair and open-minded investigations of any possible deviance from that policy, and of the obligation of commanders to prevent and punish, if required. At the time of the Rome Diplomatic Conference, issues had been raised about the risk, unacceptable to many in the military establishment, of submitting to the judgement of others the complex, and sometimes unclear boundaries between justifiable military targets and possible civilian casualties, and the even more problematic appreciation of the issue of tolerable proportionality between military advantage and foreseeable civilian cost. By engaging in military operations in Kosovo under the jurisdictional competence of ICTY, NATO leaders have affirmed their confidence in an international forum that, even in its short history, has demonstrated its competence, its integrity, and its transparency.