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The statement by Chief Prosecutor Del Ponte that the ICTY is not opening an inquiry into NATO's actions comes as no surprise. NATO's civilian leaders and military authorities took extraordinary precautions throughout the entire air campaign to ensure that NATO consistently acted in accordance with international law. But by acting as it did, NATO put an end to massive, premeditated ethnic violence by Serbian forces which was itself a gross violation of international law.
NATO is as committed as the ICTY itself to bringing war criminals to justice. The ICTY's decision should help ensure that the world's attention is focused exactly where it belongs - on bringing the real war criminals of the Balkan wars to face justice in The Hague.