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Wednesday, 24 October, 2001, 16:45 GMT 17:45 UK

Nato challenged over Belgrade bombing


Zivana Stojanovic of Yugoslavia, left, one of the six plaintives in the case
One of the plaintives (left) whose son was killed in the bombing
The European Court of Human Rights has been hearing arguments on whether Nato should face trial for bombing Belgrade's main TV station during the Kosovo conflict.

Six people have brought a case on behalf of the station's employees, saying the attack, which killed 16 people, was in breach of Europe's human rights charter.

The remains of RTS in Belgrade
They say the air strikes were illegal under the charter, which governs the right to life and freedom of expression. They are asking for compensation.

The hearing is only the first step to determine if the European Court of Human Rights (ECHR) has the jurisdiction to hear the case.

The lawyers for the 17 defendants - the European members of Nato - argued on Wednesday that the human rights court does not have the right to judge because the bombing took place in a country which is not a signatory to the European Convention of Human Rights.


Countries accused
Belgium
Czech Republic
Denmark
France
Germany
Greece
Hungary
Iceland
Italy
Luxembourg
The Netherlands
Norway
Poland
Portugal
Spain
Turkey
United Kingdom

Christopher Greenwood, a British government lawyer arguing for the defendants, also stressed that the two Nato members that played a central role in the Kosovo campaign - the United States and Canada - are not named in the suit.

And he pleaded that "Nato countries made the decision all together. They all agreed to these operations."

But plaintiff attorneys accused the 17 defendants of trying to hide under "the Nato umbrella," even though every Nato member state holds a veto over any major alliance action.

One lawyer, Hurst Hannum, argued that the court had already set the precedent that member states can be held accountable for acts committed outside their territory.

Propaganda war

On the night of 23 April 1999, Nato aircraft attacked the government-run studios of Radio Television Serbia (RTS) in Belgrade, in which those killed, most of them production workers, had been ordered to report for work.

The attack was part of Nato's air campaign to force the Yugoslav Government of former President Slobodan Milosevic to withdraw its forces from Kosovo.

At the time, Nato defended the air strike by saying the TV station was a legitimate target because of its role in what Nato called Belgrade's campaign of propaganda.

The court's 20 judges have now retired to decide on the case's admissability.


Related to this story:
Nato in dock over Belgrade bombing (18 Oct 01 | Europe) Serb families to sue Nato allies (17 Jul 00 | Europe) Nato accused of war crimes (07 Jun 00 | Europe) Nato's bombing blunders (01 Jun 99 | Europe) Why 'precision bombing' goes off course (01 Jun 99 | Europe) Nato defends TV bombing (23 Apr 99 | Europe)


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