The Indictment of Slobodan Milošević
- First sitting head of state indicted
- Slobodan Milošević became the first sitting head of state indicted for war crimes by the ICTY in May 1999, during NATO’s bombing of Yugoslavia.
- Prosecutor Carla Del Ponte said the aim was to show that even high ranking leaders could be held accountable.
- Charges and time frame
- He was accused of crimes against humanity and violations of the laws or customs of war during the Kosovo conflict (1998–1999).
- Specific allegations
- Murder of over 800 ethnic Albanian civilians.
- Deportation of over 800,000 Kosovo Albanians.
- Forcible transfer and persecution based on political, racial, and religious grounds.
• Widespread destruction of homes and cultural monuments.
Status, limits on arrest, and overthrow
- Still in power at indictment
- Milošević was President of Yugoslavia when the ICTY indicted him in May 1999.
- As head of state, he relied on domestic authority and control over national institutions, including the police and military.
- Enforcement constraints and rejection
- The ICTY had no power to arrest him without Yugoslav cooperation.
- He refused to recognize the tribunal’s legitimacy, calling it "victor's justice."
- Fall from power in 2000
- In 2000, he was forced out of power by a popular uprising after fraudulent elections.
- In September 2000, he tried to rig a presidential election to stay in office, but Vojislav Koštunica actually won.
- The "Bulldozer Revolution" and resignation
- The crisis sparked mass protests in October 2000, especially in Belgrade.
- Hundreds of thousands demanded his resignation, and he stepped down on 5 October 2000.
Case study
The "Bulldozer Revolution"
- The "Bulldozer Revolution" refers to the mass protests in Serbia in October 2000 that led to the fall of President Slobodan Milošević.
- The immediate trigger was the fraudulent presidential election of September 2000, in which opposition candidate Vojislav Koštunica clearly won, but Milošević tried to manipulate the outcome.
- Years of war, economic collapse, corruption, and international isolation had eroded public support for Milošević, fueling the protests.
- On 5 October 2000, hundreds of thousands of protesters gathered in Belgrade, stormed the federal parliament, and demanded Milošević’s resignation.
- The movement was largely peaceful, though symbolically powerful: a bulldozer led the crowd, giving the revolution its name.
- State media stations were taken over, and parts of the police and military sided with the demonstrators.
Arrest, extradition, and expanded charges
- Serbia’s initial resistance
- After Milošević lost power in 2000, Serbia resisted handing him over.
- President Vojislav Koštunica, though an opponent of Milošević, was a nationalist and publicly opposed cooperating with the ICTY.
- Role of Zoran Đinđić and outside pressure
- Prime Minister Zoran Đinđić, more pro Western, moved to extradite Milošević only after intense pressure from the United States and the European Union.
- U.S. financial aid of $50 million was made conditional on his arrest.
- Detention and transfer
- Under Đinđić’s leadership, Milošević was detained in April 2001 and transferred to The Hague in June.
- Charges widened to Bosnia and Croatia
- After the 2001 arrest, prosecutors expanded the charges to his role in Croatia (1991–1995) and Bosnia and Herzegovina (1992–1995).
- In Bosnia and Herzegovina, he was accused of genocide and complicity in genocide, including aiding Serb forces responsible for massacres such as Srebrenica, where over 8,000 Bosniak men and boys were killed in 1995.
- Other charges included murder, persecutions, torture, forcible transfer (ethnic cleansing), and unlawful deportation.
- In Croatia, he faced charges for the murder of hundreds of non Serbs and the destruction of towns and villages, especially during ethnic cleansing in the Krajina and Eastern Slavonia regions.
- He was also accused of participating in a "joint criminal enterprise" with other Serb leaders to forcibly remove non Serbs from large areas of Croatia.
Trial and courtroom strategy
- Proceedings and scope
- Trial began in February 2002.
- Milošević defended himself and rejected the court’s legitimacy.
- He faced 66 charges, including genocide, crimes against humanity, and war crimes in Bosnia, Croatia, and Kosovo.
- Duration and conduct
- The trial lasted over four years, marked by delays, outbursts, and nationalist rhetoric.
- He portrayed himself as a martyr for Serbia while attempting to undermine the court.
Note
Slobodan Milošević’s theatrical conduct during his trial at the ICTY
- Rejection of authority and self representation
- Milošević refused to recognize the ICTY’s authority, calling it “illegal” and “political” because it was created by the UN Security Council rather than the General Assembly.
- He insisted on conducting his own defense, rejected appointed legal counsel, which prolonged proceedings and let him dominate the courtroom.
- Long speeches and political framing
- He frequently delivered long speeches, shifting attention from legal arguments to political grievances.
- He portrayed himself as a martyr for the Serbian nation, accused Western powers of double standards, and alleged NATO hypocrisy over the 1999 bombing of Yugoslavia.
- Stretching the trial
- He summoned over 1,600 witnesses, including high profile figures such as Bill Clinton and Tony Blair.
- He used health issues to delay the trial, often appearing only three days per week, frustrating the tribunal and prolonging proceedings for years.
Death and legacy
- Death before verdict
- Milošević died of a heart attack in custody in March 2006, before a verdict could be reached.
- While legally unconvicted, the extensive evidence presented established his moral culpability for the Balkan wars.
- Split historical memory
- To some Serbs, he remained a national hero.
- To others, he was the architect of Yugoslavia’s collapse and a criminal who brought ruin and shame to Serbia.
- His actions left a legacy of deep ethnic division and international scrutiny.
