15:34 2001-06-24

TIMOTHY BANCROFT-HINCHEY: MILOSEVIC EXTRADITION MORE COMPLICATED THAN MANY
IMAGINE


The stories flying around the international press circuits today that
ex-President Slobodan Milosevic of Yugoslavia is to be extradited to The
Hague are as yet only speculation because the legal process is far more
complex that it would appear at first sight.

Yesterday the Yugoslav Federation government approved a document, which sets
up official relations between Belgrade and The International Penal Court at
The Hague court with a view to the extradition of Slobodan Milosevic to be
tried for war crimes. This document will be published tomorrow in the
Yugoslav Federation Government Gazette.

“The decree law on cooperation with the International Penal Court, including
subjects related with the extradition of Yugoslav citizens, was adopted by
eight votes in favour and one against, the Federal Interior Minister, Zoran
Zivkovic, stated yesterday. The document “includes people, regardless of
their nationality, who commit serious violations of international
humanitarian law committed in the territory of ex-Yugoslavia since 1991 and
it covers the international obligations of the Republic of Yugoslavia
regarding matters concerned with the IPC”.

The Federal Prime Minister, Zoran Djindjic, stated that the process would be
followed “without problems” and would take 15 to 20 days. Certainly any
much-needed cash from the International Donor Conference, to be held next
week, will depend on the extradition of Slobodan Milosevic. Some countries
could donate unconditionally but the largest expected donor, the USA, has
already linked offers of economic aid to internal political changes and the
State Department has made its position clear, namely that there will be no
cash without extradition.

However, the case is not nearly so simple as many imagine. Under
international and Yugoslav law, the situation is as follows: the government
in Belgrade has created the legal possibility for extradition. Now the Chief
Prosecutor of the IPC at The Hague, Carla del Ponte, must request a Belgrade
Court to extradite Mr. Milosevic. Meanwhile, the lawyers of the ex-President
have the right to appeal and the case will then go to the Supreme Court of
Serbia, to be judged by five judges, appointed by Mr. Milosevic himself.

Timothy BANCROFT-HINCHEY,
Pravda.Ru,
LISBON, PORTUGAL

Miroslav Antic,
http://www.antic.org/

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