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10 February 2012
   
 
 
Article by: laurian clemence
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.
Edited by: laurian clemence
 
 
 
 
 
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