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Transfer of Milosevic founded in
International Law.
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July 2, 2001.
The transfer of Slobodan Milosevic to the war crimes court in The
Hague is a historic precedent with a sound basis in international
law. Since 1998, eight Security Council resolutions have called on
the Yugoslav government to cooperate fully with the International
Criminal Tribunal on the former Yugoslavia (ICTY).
"Yugoslavia has an overriding obligation under international law
to cooperate with the tribunal," said Richard Dicker, director of
Human Rights Watch's international justice program. "The legal
basis provided by international law for the transfer not only of
Milosevic but of all indicted Yugoslav citizens is unshakable."
On Friday, Serbian Prime Minister Zoran Djindjic invoked
Yugoslavia's obligations under international law to support the
transfer. Some in Yugoslavia are questioning the transfer,
however, asserting that it may have violated Yugoslav law. "If
Yugoslavia were to invoke domestic legislation as a reason for not
fulfilling its obligations under international law it would run
against the basic principles of international law," said Dicker.
The tribunal was created in 1993 by U.N. Security Council
resolution 827, which obliged all U.N. member states to "cooperate
fully" with the tribunal and "take any measures necessary under
their domestic law" to comply with its demands. The U.N. Charter's
article 25, in turn, obliges member states to implement Security
Council decisions.
Since 1998, four Security Council resolutions specifically called
on the Yugoslav government to cooperate fully with the tribunal.
They are: resolution 1160 (March 31, 1998), para. 17; resolution
1199 (September 23, 1998), para. 13; resolution 1203 (October 24,
1998), para. 14; and resolution 1207, (November 17, 1998), paras.
1-4 . Two additional resolutions called on all parties to the
Dayton Accords, which included Yugoslavia, to cooperate. These are
resolution 1247 (June 18, 1999), para. 3; and resolution 1305
(June 21, 2000), para. 3. Resolution 1244 (June 10, 1999), para.
14, and resolution 1329 (December 5, 2000), para. 5, called on
member states to cooperate with the tribunal.
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