Trial of Slobodan Milošević

Following Milošević's transfer, the original charges of war crimes in Kosovo were upgraded by adding charges of genocide in Bosnia and war crimes in Croatia. On 30 January 2002, Milošević accused the war crimes tribunal of an "evil and hostile attack" against him. The trial began at The Hague on 12 February 2002, with Milošević defending himself. Milošević remained defiant during the process; at the end of his first appearance, he mocked the brevity of the session by looking at his watch and saying "Fifteen minutes."[5]

Rade Marković stated that a written statement he had made implicating Milošević had been extracted from him by ill-treatment legally amounting to torture by named NATO officers[6] Judge May declared this to be "irrelevant", but Milošević stated that it was forbidden under the 1988 rules concerning evidence gained by torture.

The prosecution took two years to present its case in the first part of the trial, where they covered the wars in Croatia, Bosnia, and Kosovo. Throughout the two-year period, the trial was being closely followed by the public of the involved former Yugoslav republics as it covered various notable events from the war and included several high-profile witnesses.

Milošević, while defending himself, read from Friedrich Naumann's book Mitteleuropa, claiming it was a long-standing objective of German foreign policy and the German liberal party in particular to "erase Serbia from the map", citing a number of alleged wrongdoings by Germany against Serbia during the last hundred years, including the recognition of Croatia and other countries. He pointed out that Klaus Kinkel, the German Foreign Minister who proposed the creation of the tribunal, was a German liberal.

During the prosecution case, 295 witnesses testified and 5,000 exhibits were presented to the court recording a mass of evidence. After the presentation of the prosecution case, the Trial Chamber, on 16 June 2004, rejected a defense motion to dismiss the charges for lack of evidence and ruled in accordance with Rule 98bis, that the prosecution case contains evidence capable of supporting a conviction on all 66 counts. The Defense was given the same amount of time as the prosecution to present its case. There were in total 466 hearing days, four hours per day. 40 hours were left in the Defense case, and the trial was on schedule to end by the end of the spring.

The prosecution was directed by the trial chamber to conclude its Kosovo case during four and a half to five months time span to make way for the presentation in September 2002 of the Bosnia and Croatia cases, followed by a defense case if Milošević wanted to do so.[7] Initially the length of the trial was presumed to go for two years and instead lasted four that contained multiple adjournments which ended with Milošević's death prior to his defense case being completed.[7]

Milošević was indicted for crimes during the Kosovo war, charged with violating international humanitarian law on five counts during 1 January-20 June 1999.[8] The first charge was Deportation (a crime against humanity).[8] The prosecution stated in their case against Milošević that he was part of a criminal enterprise and involved in orchestrating a campaign of violence and terror to force a sizable part of the Kosovo Albanian population to leave and maintain Serb control over Kosovo.[8] The second charge was Other inhumane Acts - Forcible transfer (a crime against humanity), which is similar to the charge of deportation though additionally implying use of force encompassing internal displacement.[8] The third and forth charge entailed Murder (combined in this instance as a crime against humanity and violating the customs and laws of war).[8] Six hundred Kosovars were identified in the indictment as being killed in sixteen individual incidents during mass expulsion.[8] In addition based upon the exhumations of mass graves and the number of missing persons, human rights organisations estimated around ten thousand Kosovars being killed during hostilities, with KLA combatants only forming a small minority of the deceased.[8] Also counted were unarmed combatants killed in violation of the ICTY statute and Geneva Conventions.[8] The fifth charge was Persecutions (a crime against humanity).[8] The indictment referred to Milošević using mass forced population deportation and transfer, sexual assault, murder, along with damage or destruction of Kosovo Albanian religious sites "to execute a campaign of persecution against the Kosovo Albanian based on political, racial or religious grounds".[8]

The ICTY indictment against Milošević referred to methods of persecution done against Kosovo Albanians to "wreak systematic and wanton destruction and damage to their religious sites and cultural monuments".[9] The prosecution in the trial sought to prove Milošević guilty of those actions and events.[9] In his defense, Milošević asserted that Kosovo Albanian heritage sites, in addition to Serb Orthodox historical and religious monuments were damaged by NATO bombing.[10] Yugoslav Serb authorities in several cases alleged that NATO destroyed monuments, however the investigative team led by András Riedlmayer found them intact like two Ottoman bridges and the Sinan Pasha Mosque.[10] Investigators absolved NATO of responsibility except for damage to a village mosque roof and a disused Catholic church damaged through an air blast after an nearby army base was struck by a missile.[10] Riedlmayer's report to the Milošević trial concluded that kulla dwellings and a third of mosques were subjected to damage and destruction, with three Ottoman period urban centres being devastated due to intentionally lit fires.[10] The report also noted that the Yugoslav Serb army, paramilitary and police forces and in some instances Serb civilians did those attacks, according to eyewitness accounts.[10] Riedlmayer found out that Yugoslav Serb forces used as bases of operation two Catholic churches which in international law was prohibited.[10] The investigative team noted that destruction and damage of Kosovo Albanian heritage sites were done during the 1999 war through ground attack and not air strikes.[10]

Charges relating to crimes against humanity, the prosecution had to prove that armed conflict occurred, systematic and widespread attack existed, the conduct of Milošević was related to systematic and widespread attack upon a civilian population and that he was aware of the wider situation where his conduct happened.[11] The prosecution also had to prove that Milošević had the necessary state of mind for crimes that were wilful, intentional or having a disregard of consequences for human life by actions committed by himself or his subordinates.[7] Apart from the need to prove intent for committing the crime of persecution, the prosecution had to demonstrate that those actions were undertaken with intent toward discriminating on religious, political and racial grounds.[7] Within the context of Milošević as an individual, charges against him related to individual and command responsibility.[7] In the case against Milošević, he was accused of ordering, planning, instigating alongside aiding and abetting toward planning, preparing and executing crimes, with the act of committing being in reference to participating in a criminal enterprise and not being physically responsible for crimes.[7] Milošević was also charged by the prosecutor for failure of his command responsibility and responsibility as a superior for acts done by subordinates where a superior was aware or knew that a subordinate was on the verge of violating international humanitarian law or committing war crimes; and that a superior failed to undertake measures to stop actions or punish perpetrators.[7] Command responsibility was held by Milošević the prosecution alleged due to his position along with control and power, having no regard toward his position or both.[7]