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Top Yugoslav judge in Milosevic case quits

  
BELGRADE, June 28 (Reuters) - The head of Yugoslavia's Constitutional Court 
submitted his resignation on Thursday just before the court began discussing 
moves to hand over Slobodan Milosevic to the U.N. war crimes tribunal. 

"I think it is for the best that I do not participate in the work (of the 
court) and I will not vote (on the issue before the court)," court president 
Milutin Srdic said at an open session of the body. 

It was not immediately clear if the resignation of Srdic, appointed when 
Milosevic was still in power, would have a direct outcome on the court's 
meeting on the high-profile case, which could determine the fate of the 
former president. 

His resignation left four judges in the Constitutional Court, which started 
meeting around noon (1000 GMT) to discuss a controversial government decree 
paving the way for handing over war crimes suspects like Milosevic to the 
Dutch-based tribunal. 

The court has the power to strike down the decree passed by reformist 
ministers setting out procedures for cooperating with the tribunal or it can 
decide simply to suspend the measure until it reaches a decision on its 
validity. 

But some reformers argue the court should be ignored as many of its officials 
are partisan appointees hand-picked by Milosevic, whose authoritarian rule of 
Serbia and Yugoslavia ended last October when he was ousted in a mass 
uprising. 

They have also said the government decree is unnecessary, arguing Yugoslavia 
is already obliged to cooperate fully with the tribunal under international 
law. 

Milosevic's lawyers argue handing the former Yugoslav president over to the 
tribunal would violate a constitutional ban on extraditing Yugoslav citizens. 

But backers of the measure counter by saying handing a suspect over to the 
tribunal does not amount to an extradition as it is a U.N. institution, not a 
foreign state. 

The meeting of the Constitutional Court came a day after the United States 
rewarded Belgrade's efforts so far in cooperating with the tribunal by saying 
it would attend a donors' meeting on Friday. 

06:53 06-28-01


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