ZAGREB, March 6 (Hina) - The amici curiae in the trial of former Yugoslav President Slobodan Milosevic have requested the U.N. war crimes tribunal in The Hague to drop four and re-examine six of the 32 counts on the indictment for
crimes committed in Croatia.
ZAGREB, March 6 (Hina) - The amici curiae in the trial of former
Yugoslav President Slobodan Milosevic have requested the U.N. war
crimes tribunal in The Hague to drop four and re-examine six of the 32
counts on the indictment for crimes committed in Croatia. #L#
They argue that contrary to what the prosecution claims, the armed
conflict in Croatia did not become international on 8 October 1991,
when Croatia declared independence, but after 15 January 1992, when
the country was internationally recognised-
Amici curiae Steven Kay and Branislav Tapuskovic have submitted a
motion saying that in respect of accusations of grave breaches of the
Geneva Conventions, the prosecution must prove that the armed conflict
was international in character. The prosecution has failed to provide
evidence proving that the conflict became international on 8 October
1991 onwards, they maintain.
The motion, issued on the tribunal's web site on Saturday, says the
conflict in Croatia "became international at some point between 15
January 1992 and 22nd May 1992". The first date is of Croatia's
recognition by the European Community and the second of its admission
to the U.N.
In the 95-page motion the amici curiae take 27 pages to argue that
Croatia did not become a state when it declared independence but
several months later, when it was internationally recognised. They
refer to the Montevideo Convention on Rights and Duties of States.
If the Trial Chamber accepts the date they argue is that of Croatia's
statehood, the amici ask that Milosevic be acquitted on four counts
accusing him of grave breaches of the Geneva Conventions committed
before Croatia became a state and the conflict international.
The amici also ask that the Trial Chamber establish if there is
sufficient evidence to retain six more counts referring to breaches of
the Geneva Conventions committed after the date they argue the
conflict became international.
Analysing the prosecution's presentation of evidence, the amici curiae
claim the prosecution did not call eyewitnesses but witnesses who had
heard about the crimes, that it did not submit material evidence and
did not even submit any to prove some charges.
The prosecution has 14 days to respond to the submission, while the
Trial Chamber has to make a decision before June 8, when the defence
begins to present evidence.
Milosevic is charged with 66 counts of genocide, crimes against
humanity, violations of the laws and customs of war, and grave
breaches of the Geneva Conventions committed by Serb troops in
Croatia, Bosnia-Herzegovina and Kosovo in the 1990s.
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