Coverage of the International Criminal
Tribunal for the former Yugoslavia
Crimesofwar.org
|
|
|
|
By
Fred Abrahams
Slobodan Milosevic's trial began on February 12, 2002. The former
President of Serbia and Yugoslavia is charged with crimes committed
during the course of the conflicts in Bosnia, Croatia, and Kosovo.
The charges in three separate indictments have been joined for
the purposes of the trial.
They include:
- genocide and complicity in genocide
- crimes against humanity involving persecutions on political,
racial or religious grounds; extermination; murder; imprisonment;
torture; deportation; and inhumane acts (forcible transfers)
- grave breaches of the Geneva Conventions of 1949 involving
willful killing; unlawful confinement; torture; willfully
causing great suffering; unlawful deportation or transfer;
and extensive destruction and appropriation of property
- violations of the laws or customs of war involving inter
alia: murder; attacks on civilians; torture; cruel treatment;
wanton destruction of villages, or devastation not justified
by military necessity; destruction or willful damage done
to institutions dedicated to education or religion; plunder
of public or private property; attacks on civilians; destruction
or willful damage done to historic monuments and institutions
dedicated to education or religion; and unlawful attacks on
civilian objects.
Milosevic has refused to enter a plea in response to the charges,
and demands to represent himself. The three judges in the
trial have entered pleas of "not guilty" to the
charges on his behalf. The court has also appointed three
amicus curae ("friends of the court") to "assist
in the proper determination of the case."
The Kosovo section of the case is scheduled to conclude in
September 2002, to be followed by the prosecution's case on
Bosnia and Croatia. The prosecution should complete its entire
case by May 2003, after which the Milosevic will be able to
present his defense.
Acting
as his own lawyer, Milosevic has rigorously cross-examined
all prosecution witnesses. The majority are Kosovo Albanian
villagers who witnessed crimes committed by Serbian or Yugoslav
forces. Some Albanian witnesses were politicians involved
in negotiations with Serbian representatives.
International
witnesses have included either diplomats who negotiated directly
with Milosevic (notifying him that war crimes were being committed),
members of the international observer mission in Kosovo (the
OSCE's KVM mission) or international human rights activists.
Important
witnesses have also included what is being called Serbian
"insiders" -- people who can provide information
about the inner workings of the police, army or political
structures. Thus far, their testimonies have been mixed. While
some have spoken of orders to "cleanse villages"
and cover up murder, others have testified that they were
under orders to protect civilians. The highest ranking representative
from Milosevic's inner circle to testify was Radomir Markovic,
head of the Serbian secret police during the war. While he
testified that Milosevic was directly informed of events on
a daily basis during the war in Kosovo, and that Milosevic
diverted state funds to finance the military unit of the secret
police, he also claimed that the former president had never
ordered Kosovo Albanians to be expelled or killed.
|
