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Legal news from Saturday, March 11, 2006 |
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War crimes prosecutor calls for arrest and trial of fugitives after Milosevic death
Bernard Hibbitts on March 11, 2006 4:10 PM ET

[JURIST] ICTY Chief Prosecutor Carla del Ponte marked the sudden death of Slobodan Milosevic [JURIST report] Saturday by reiterating her call [JURIST report] for the remaining fugitives from the Hague war crimes tribunal to be brought to justice and tried. She said in a statement: The death of Slobodan Milosevic, a few weeks before the completion of his trial, will prevent justice to be done in his case. However, the crimes for which he was accused, including genocide, cannot be left unpunished. There are other senior leaders accused of these crimes, six of them who are still at large. The international community and the Tribunal are responsible to the victims to ensure that all of these accused are brought to justice and tried in The Hague, especially Radovan Karadzic and Ratko Mladic. Milosevic was found dead in his cell early Saturday. A few hours afterwards Zdenko Tomanovic, a Belgrade-based lawyer for Milosevic, told reporters that Milosevic had told him that he feared he was being poisoned [Reuters report] in detention, and had asked Tomanovic to apply for protection on his behalf to the Russian embassy in The Netherlands and to the Russian Foreign Ministry in Moscow. A spokesperson for the International Criminal Tribunal for the Former Yugoslavia meanwhile denied suggestions [AFP report] that the Tribunal was in any way responsible for Milosevic's demise. Spokesman Christian Chartier told AFP, "The tribunal has nothing to be blamed for...The International Criminal Tribunal for the former Yugoslavia take[s] the utmost care of its indictees and of [Milosevic] in particular...We cannot be blamed for negligence."
Reaction to Milosevic's death and the consequent end of his lengthy trial has poured in from around the world. Serbian Foreign Minister Vuk Draskovic [official profile], noting that Milosevic had personally ordered murders of his party members and attempts on his own life, said he was simply "sorry that he was being tried in The Hague, not in Belgrade, for what he had done to our nation". The head of the Socialist Party of Serbia, Milosevic's own political party, said however that Milosevic had been "murdered" at The Hague: "The decision of the Tribunal to disallow Milosevic's medical treatment at the Bakunin Institute in Moscow represents a prescribed death sentence against Milosevic."
Political leaders in neighboring Croatia and Bosnia-Herzegovina, whose populations were decimated in Milosevic's Balkan Wars, regretted that Milosevic had died before justice could be done. The office of Croatian President Stjepan Mesic said "It's a pity that Milosevic did not live through the trial and get his deserved sentence."
EU representatives meanwhile urged Serbs to look to the future after Milosevic's passing. EU foreign policy chief Javier Solana [official website], who headed NATO during the bombing campaign against Yugoslavia in the late 1990s after the expulsion of ethic Albanians from Kosovo, issued a statement [PDF] attempting to strike a conciliatory and optimistic tone:The death of any individual is a sad event. I think particularly of his family. Personally I have had a long, difficult relationship with Slobodan Milosevic from many encounters in dramatic circumstances.
But we cannot ignore the fact that many men and women suffered from the consequences of his policies. My thoughts also go to them.
My message today to the Serbian people is to come to terms with the legacy of Milosevic. This will help them in moving forward towards the family of European nations to which they belong. From Belgrade, B92 has more.


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Pentagon defends force-feeding at Guantanamo
Stefanie Presley on March 11, 2006 1:21 PM ET

[JURIST] Pentagon officials said Friday that the force-feeding of hunger-striking detainees [JURIST news archive] at Guantanamo Bay [JURIST news archive] would continue despite opposition from doctors who signed an open letter [PDF] published in the British medical journal Lancet [journal website] earlier this week. The letter, endorsed by 263 doctors from seven countries [JURIST report], called for the US to halt force-feeding by stomach tubes and the use of restraint chairs for prisoners, and called for an independent medical evaluation of the situation. The letter also noted that the World Medical Association [profession website] specifically bans the use of force-feeding in declarations to which the American Medical Association [group website] is a party.
The Pentagon says there are 6 detainees currently on a hunger strike, including 3 being tube-fed, down from a peak of about 130 hunger strikers in September 2005. The Pentagon also challenges the jurisdiction of the WMA to condemn the practice, noting: "Professional organization declarations by doctors, lawyers, dentists, etc. are not international treaties, therefore are nonbinding and not applicable to sovereign nation-states." Reuters has more.


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BREAKING NEWS ~ Milosevic found dead in prison cell
Bernard Hibbitts on March 11, 2006 8:53 AM ET

[JURIST] Former Yugoslav President Slobodan Milosevic [JURIST news archive], on trial at The Hague for genocide and war crimes [ICTY case materials], has died suddenly, according to the International Tribunal for the Former Yugoslavia [official website]. The cause of death is not yet known. The Tribunal has issued the following statement: Today, Saturday 11 March 2006, Slobodan Milosevic was found lifeless on his bed in his cell at the United Nations Detention Unit in Scheveningen.
The guard immediately alerted the Detention Unit Officer in command and the Medical Officer. The latter confirmed that Slobodan Milosevic was dead.
The Dutch Police and a Dutch coroner were called in and started an enquiry. A full autopsy and a toxicological examination have been ordered. Pursuant to his authority under the Tribunals Statute and Rules of Detention, the Tribunal President, Judge Fausto Pocar, has ordered a full inquiry.
Slobodan Milosevics family has been informed. Milosevic was the first head of state ever to go before an international war crimes court. He had been suffering from heart problems which had delayed the proceedings [JURIST report] against him numerous times, and late last year he asked the ICTY [JURIST report] to provisionally release him for treatment in Russia, urging it in February to speed its ruling [JURIST report]. The court recently rejected the request [JURIST report], to the noted displeasure of the Russian Foreign Ministry [JURIST report]. The ruling was under appeal at the time of Milosevic's death.
Milosevic's trial was in its fifth year [JURIST report], making it probably the longest war crimes trial on record, and was expected by most observers to conclude in the next few months. Trained as a lawyer, Milosevic had vigorously represented himself throughout, sparring frequently with judges and witnesses. Defense lawyers were later assigned to assist him but complained he would not co-operate, so much so that at one point they sought permission to withdraw. The UK judge who originally presided over Milosevic's trial, Sir Richard May, died in July 2004 [JURIST report].
Earlier this week another Serb already sentenced for war crimes by the ICTY was found dead in his cell after commiting suicide [JURIST report] at the same UN facility outside The Hague that housed Milosevic.
10:08 AM ET - Stephen Kay, the senior British barrister assigned to defend Milosevic, has told the BBC [recorded audio] that it is unlikely Milosevic committed suicide. as his recent statements to Kay and his own appeal for medical treatment indicated that he wanted to continue his defense.


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