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Title - International Justice - Global Policy Forum Lawyers Appeal to UN on Milosevic Trial
BBC
October 29, 2001A team of independent lawyers appointed by the international war crimes tribunal has said the UN World Court should be asked to rule on whether the international war crimes tribunal has the right to judge Slobodan Milosevic.
At Mr Milosevic's third appearance before judges in The Hague, the three lawyers took up the former Yugoslav president's own complaints against the tribunal.
They cast doubt on its impartiality and queried whether it could prosecute a head of state.
Mr Milosevic and presiding judge Richard May exchanged sharp words as the ex-president was invited to enter a plea to a new amended charge of crimes against humanity in Kosovo.
"I wish to say that the very text of the indictment we just heard shows the indictment is false," Mr Milosevic said.
As Mr Milosevic continued to speak, Judge May had his microphone turned off, and told him: "Mr Milosevic will you be quiet please."
A "not guilty" plea was entered on Mr Milosevic's behalf, on the extended Kosovo charges.
An indictment relating to the 1991-95 war in Croatia was also to be read in public for the first time.
Mr Milosevic denounced the indictments, saying: "Truth cannot be sunk by a flood of false accusations".
World Court
He said he wanted "nothing to do" with the three friends of the court, who were appointed to ensure a fair trial after he refused to appoint a defence team.
One of the three, Dutch lawyer Professor Michail Wladimiroff, said the World Court or the UN General Assembly should rule on the court's competence to hear the case.
Mr Milosevic has denounced the tribunal as "illegal" on the grounds that it was set up by the United Nation's 15-member Security Council and not by its entire membership in the General Assembly.
Presiding Judge Richard May said the tribunal would consider Mr Wladimiroff's suggestion.
The lawyers also questioned whether international law allowed for the prosecution of heads of state and raised Mr Milosevic's complaint that the court was not impartial.
"Pressure on this tribunal from external sources makes the whole culture of the tribunal unfair and biased against him," said British lawyer Steven Kay.
The third - Serbian lawyer Branislav Tapuskovic - queried the legitimacy of Mr Milosevic's extradition to The Hague.
Mr Milosevic - who has refused to see the three lawyers - noted sarcastically in his statement to the court on Monday that their appointment was an example of "Hague fair play".
"Now we are in the situation where two teams are working for the course of the same party," he said.
In a more muted performance than some of his earlier, flamboyant shows of defiance, he once again refused to read the accusations against him: "I have no intention, still, to familiarise myself with the contents of "I have been accused because... I defended my nation - I had the honour to defend my nation... from terrorism," he said speaking in Serbian, rather than English as he has previously done.
On the two earlier occasions Mr Milosevic has appeared before the tribunal, Judge May has halted his outbursts by cutting his microphone.
New indictments
The prosecution alleges Mr Milosevic committed war crimes to further the aim of creating a Serb state.
He is being presented with an amended indictment for alleged war crimes in Kosovo to take into account mass graves found outside Belgrade and adding new charges stemming from sexual violence allegedly committed by Serb soldiers.
Next week the tribunal is set to release another indictment against him over alleged crimes in Bosnia which will include the tribunal's most severe charge of genocide.
If, as at his last two appearances, he refuses to enter any plea, the judges will again enter a plea on his behalf.
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