ICTY Trial Chamber Grants Provisional Release for Indicted Top Serbian Leadership - Indictees Have Left the Detention Unit
ICTY Trial Chamber Grants Provisional Release for Indicted Top Serbian Leadership - Indictees Have Left the Detention Unit
On April 14, Trial Chamber III of the ICTY granted the provisional release of four top former Yugoslav leaders accused of war crimes and crimes against humanity for their alleged roles in the forced expulsion and killings of thousands of Albanians in Kosovo in 1999. The four are: Milan Milutinovic, former President of Serbia; Nikola Sainovic, former Deputy Prime Minister of the Federal Republic of Yugoslavia ('FRY'); General Dragoljub Ojdanic, former Chief of the Staff of the Yugoslav Army; and General Vladimir Lazarevic, former commander of Yugoslav Army forces in Kosovo. The indictments against these accused allege that they planned, instigated, ordered, committed or otherwise aided and abetted in a deliberate and widespread or systematic campaign of terror and violence directed at Kosovo Albanian civilians. The indictments allege that forces of the FRY and Serbia, in a deliberate and widespread or systematic manner, forcibly expelled and internally displaced hundreds of thousands of Kosovo Albanians from their homes across the entire province of Kosovo and that approximately 800,000 Kosovo Albanian citizens were deported. It is further alleged that forces of the FRY and Serbia committed widespread or systematic acts of brutality and violence and destruction of property against Kosovo Albanian civilians.
All four have left the Detention Unit.
The climate in Serbia has changed to one of cooperation with the Tribunal - a factor that helps ensure the accuseds' return
The provisional release of these accused reveals some of the nuances of the what has been occurring in Serbia since the beginning of the year. During a hearing on the matter of the provisional release of Milutinovic, Sainovic and Ojdanic in early March, Serbian Justice Minister Zoran Stojkovic guaranteed the return of these defendants for trial. He cited the recent spate of 'voluntary surrenders' as a factor which would help ensure that the accused would in fact, return to The Hague and appear for trial. At least ten accused suspects living in Serbia (including some who have been fugitives for years) have 'voluntarily' turned themselves into the custody of the ICTY since January 2005. Minister Stojkovic characterized these developments as a sign that Serbia could be relied on to produce defendants and that Serbia was fulfilling its obligations to the ICTY.
Arrest v. voluntary surrender: Serbia will guarantee their appearance for trial, but does it have the will to slap on the cuffs if they refuse to return?
Despite these encouraging surrenders however, it remains unclear what steps Serbia would take to arrest someone who is not willing to 'volunteer' to go to the ICTY. The Prosecution has argued that the Serbian authorities have not thoroughly understood their obligations to the Tribunal to hand over suspects, by arresting them, if necessary. While Minister Stojkovic assured the court that Serbia would have no difficulties (legally or technically) arresting any of these provisionally released suspects if they failed to show up in The Hague when their trials begin, he was far less forthcoming about measures to ensure that fugitive suspects who refused to 'voluntarily surrender' would actually be arrested by the Serbian police. The liberty of General Nebojsa Pavkovic continues to color relations between the ICTY and Serbia – General Pavkovic has publicly stated his refusal to surrender and yet Serbia has not taken any steps to arrest him, claiming they have 'lost track' of his whereabouts. General Pavkovic, however frequently makes statements to the media concerning his defiance of the ICTY. Furthermore, Serbia has faced consistent allegations that its military forces are shielding General Ratko Mladic, wanted for crimes at Srebrenica and throughout Bosnia – several weeks ago Serbia's own Foreign Minister Vuk Draskovic alleged that Serbian security forces knew of the fugitive's whereabouts.
All four have left the Detention Unit.
The climate in Serbia has changed to one of cooperation with the Tribunal - a factor that helps ensure the accuseds' return
The provisional release of these accused reveals some of the nuances of the what has been occurring in Serbia since the beginning of the year. During a hearing on the matter of the provisional release of Milutinovic, Sainovic and Ojdanic in early March, Serbian Justice Minister Zoran Stojkovic guaranteed the return of these defendants for trial. He cited the recent spate of 'voluntary surrenders' as a factor which would help ensure that the accused would in fact, return to The Hague and appear for trial. At least ten accused suspects living in Serbia (including some who have been fugitives for years) have 'voluntarily' turned themselves into the custody of the ICTY since January 2005. Minister Stojkovic characterized these developments as a sign that Serbia could be relied on to produce defendants and that Serbia was fulfilling its obligations to the ICTY.
Arrest v. voluntary surrender: Serbia will guarantee their appearance for trial, but does it have the will to slap on the cuffs if they refuse to return?
Despite these encouraging surrenders however, it remains unclear what steps Serbia would take to arrest someone who is not willing to 'volunteer' to go to the ICTY. The Prosecution has argued that the Serbian authorities have not thoroughly understood their obligations to the Tribunal to hand over suspects, by arresting them, if necessary. While Minister Stojkovic assured the court that Serbia would have no difficulties (legally or technically) arresting any of these provisionally released suspects if they failed to show up in The Hague when their trials begin, he was far less forthcoming about measures to ensure that fugitive suspects who refused to 'voluntarily surrender' would actually be arrested by the Serbian police. The liberty of General Nebojsa Pavkovic continues to color relations between the ICTY and Serbia – General Pavkovic has publicly stated his refusal to surrender and yet Serbia has not taken any steps to arrest him, claiming they have 'lost track' of his whereabouts. General Pavkovic, however frequently makes statements to the media concerning his defiance of the ICTY. Furthermore, Serbia has faced consistent allegations that its military forces are shielding General Ratko Mladic, wanted for crimes at Srebrenica and throughout Bosnia – several weeks ago Serbia's own Foreign Minister Vuk Draskovic alleged that Serbian security forces knew of the fugitive's whereabouts.
