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Pros
ecutors in the war crimes trial of Slobodan Milosevic are set
to wrap up their case next week after the former Yugoslav
president's latest bout of ill health forced yet another delay in
the historic trial, the court said yesterday.
Prosecutors are expected to finish presenting their case against
Milosevic on Tuesday after more than two years.
The former Yugoslav president is the first former head of state to
face an international tribunal.
So far almost 300 witnesses, victims, politicians, diplomats and
former members of Milosevic's inner circle have testified for the
prosecution over 293 days.
United Nations chief war crimes prosecutor Carla Del Ponte said
this week that she was happy with the first phase of the
trial.
"I am satisfied, we have succeeded in showing the responsibility of
Milosevic," she said.
The former Yugoslav president has been on trial since February 2002
on more than 60 counts of war crimes and crimes against humanity
for allegedly masterminding the wars in Croatia, Bosnia and Kosovo
that led to the breakup of the former Yugoslavia in the
1990s.
For the war in Bosnia that left more than 200 000 people dead, he
has also been charged with genocide.
If convicted he faces life in prison.
So far the prosecution has been able to show that "Milosevic
controlled Serbian and federal Yugoslav institutions and that he
played a crucial role in the conflicts," Heikelina Verrijn Stuart,
a Dutch lawyer and tribunal watcher said.
In order to get a conviction for Croatia and Bosnia, prosecutors
not only have to show that atrocities took place but also that
Milosevic had enough power to stop them or punish the perpetrators
of the crimes.
Numerous witnesses testified that Milosevic controlled Croatian
Serb leaders as well as Bosnian Serb leaders Radovan Karadzic and
Ratko Mladic, at least up until 1993.
For Kosovo, the prosecution case is easier because at that time
Milosevic was the Yugoslav president and by law in charge of the
army and police troops deployed during the 1998-99 crackdown on the
ethnic Albanian population.
"It is clear that war crimes were committed in Kosovo and that
Milosevic was the man in charge there," said Verrijn Stuart.
However, tribunal observers wonder if the prosecution has shown
enough proof to get Milosevic convicted of the charges of genocide
or complicity in genocide that he faces for the bloody 1992-95 war
in Bosnia.
Genocide is the gravest of war crimes and the most difficult one to
prove.
Prosecutors have to show that genocide took place and that
Milosevic had the intent to commit the crime.
Prosecutor Del Ponte agreed that proving the genocide charge would
be difficult but argued she had enough evidence to put it in the
indictment and wanted the judges to decide if the alleged crimes in
Bosnia constituted genocide.
"In all trials... there are charges like this one, with the
genocide for Milosevic, that I could have dropped from the
indictment myself, but I do not want that responsibility, this
responsibility lies with the judges," she said.
The prosecution was due to finish their case this week but the
trial was delayed as the former president, who is defending himself
in court, fell ill.
Milosevic, 62, was diagnosed with high blood pressure and at risk
of a heart attack, forcing the court to sit only three days a week
to minimise the strain on him.
So far the trial has been interrupted 14 times due to Milosevic's
failing health.
After the prosecution finishes its case there is a three-month
break planned for Milosevic to prepare his defence.
The trial is expected to last until at least 2005. –
Sapa-AFP.