Prosecutor v. Milosevic: Termination of Proceedings, Inquiry, and Case Resources
On Tuesday, 14 March 2006, the International Criminal Tribunal for the Former Yugoslavia ("ICTY") terminated the proceedings against Slobodan Milosevic. Milosevic died in the detention unit of the ICTY on 11 March 2006. Both the ICTY and Dutch authorities are performing an investigation into Milosevic's death. Although it suffered a premature end, the trial of Milosevic at the ICTY created a voluminous, detailed record.
I. Termination of Proceedings By the ICTY Against Slobodan Milosevic (Case No. IT-02-54 "Kosovo, Croatia and Bosnia-Herzegovina")
Milosevic faced charges for genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the 1949 Geneva Convention. In the indictments, Milosevic faced charges based upon both individual criminal responsibility and superior criminal responsibility as President of the Federal Republic of Yugoslavia, Supreme Commander of the Yugoslav Army, and President of the Supreme Defence Council. These charges were presented in three separate indictments, commonly referred to as "Kosovo, Croatia, and Bosnia," for events occurring between 1991 and 1999. The ICTY's Case Information Sheet presents an excellent summary of each indictment, including a description of the facts that served as the foundation of the Prosecutor's case. Milosevic's death ended the lengthy trial against him, as demonstrated by the over 49,000 pages of transcripts. In announcing the termination of the proceedings on 14 March 2006, Judge Robinson stated that Milosevic's "untimely death has deprived not only him but indeed all interested parties of a judgment upon the allegations in the indictment. His death terminates these proceedings. We express our thanks to all those who participated in these long and difficult proceedings over the past four years and who contributed to the Chamber's consideration of the many issues that arose during the trial."[1]
II. Inquiry into Milosevic's Death by ICTY and Dutch Authorities
Aside from the termination of the proceedings, the ICTY also established a separate inquiry into the events surrounding Milosevic's death. This ICTY inquiry is separate and distinct from the investigation being performed by Dutch authorities. The ICTY's Rules of Detention are the basis of the separate investigations by the ICTY and Dutch authorities. Under Rule 33 of the ICTY's Rules of Detention, "in the event of the death of a detainee, an inquest will be conducted in accordance with the legal requirements of the Host State." Additionally, Rule 33 states that the "[ICTY] President may order an inquiry into the circumstances surrounding the death or serious injury of any detainee."[2]
As the Host State under Rule 33 of the ICTY's Rules of Detention, the Kingdom of the Netherlands, has undertaken an independent investigation into Milosevic's death. The Headquarter Agreement between the United Nations and the Government of the Kingdom of the Netherlands establishing the ICTY also provides guidance in establishing the nature and extent of the Dutch inquiry into Milosevic's death. Article XXI (2) of the Headquarter Agreement states that the ICTY "shall cooperate at all times with the competent authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connection with the privileges, immunities and facilities accorded under [the Headquarter Agreement]."[3] Provisional findings by the the Public Prosecutor's Office of The Hague indicated that Milosevic died from a heart infarction.[4]
The separate ICTY inquiry is under the order of the ICTY President, Judge Fausto Pocar, and being led by ICTY Vice-President, Judge Kevin Parker. Pursuant to this inquiry, the ICTY Trial Chamber I considered whether the ICTY inquiry into Milosevic's death could access the confidential materials of the Prosecutor v. Milosevic case record.[5] On 16 March 2006, Trial Chamber I of the ICTY ordered the ICTY Registrar to "grant the authorities of The Netherlands and Judge Parker full access to the Milosevic case file, and supply them with any materials they request."[6]
In addition to the two inquiries of Milosevic's death by the ICTY and the Netherlands, on 30 March 2024 the Swedish Government accepted the ICTY's request to conduct an independent audit of the ICTY Detention Unit.[7]
III. Prosecutor v. Milosevic Case Resources: Background, Indictments, Transcripts of Proceedings, Judgments, Decisions, and Orders
A. Background & Overview
- MILOSEVIC (IT-02-54) "Bosnia and Herzegovina" Case Information Sheet
- ARCHIVE: MILOSEVIC CASE ("Kosovo, Croatia and Bosnia Herzegovina") Overview of Court Proceedings
B. Indictments
Kosovo
- Initial Indictment 24 May 2024
- First Amended Indictment 29 June 2024
- Second Amended Indictment 22 November 2023
Croatia
- Initial Indictment 8 October 2023
- First Amended Indictment 23 October 2023
- Second Amended Indictment 28 July 2024
- Annex I to Second Amended Indictment
- Annex II to Second Amended Indictment
Bosnia
- Initial Indictment, 22 November 2023
- Amended Indictment, 21 April 2024
C. Transcripts of Proceedings (49,000+ pages)
- Transcripts of All Proceedings
D. Judgments, Decisions & Orders:
- TRIAL CHAMBERS AND APPEALS CHAMBER JUDGEMENTS
- TRIAL CHAMBER DECISIONS
- TRIAL CHAMBER ORDERS
- APPEALS CHAMBER DECISIONS
- APPEALS CHAMBER ORDERS
- ICTY PRESIDENT DECISIONS
- REGISTRY DECISIONS
E. Death of Milosevic & Inquiry
- Statement by ICTY Prosecutor (11 March 2024)
- Statement by ICTY President (12 March 2024)
- PRELIMINARY AUTOPSY RESULTS OF SLOBODAN MILOSEVIC
- Statement by ICTY Prosecutor (12 March 2024)
- President of the ICTY, ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE, Case No. IT-02-54-T, March 14, 2006.
- ICTY, Trial Chamber I, ORDER LIFTING CONFIDENTIALITY OF RELEVANT MATERIALS FOR INVESTIGATION PURPOSES, Case No. IT-02-54-T, March 16, 2006.
- H.J. Moraal, Senior Public Prosecutor, The Hague, Netherlands, "Provisional Findings Concerning the Death of S. Milosevic," March 17, 2006.
- ICTY, President, "UPDATE FROM THE PRESIDENT ON THE DEATH OF SLOBODAN MILOSEVIC," March 17, 2006.
[1] ICTY, Case No. IT-02-54, Transcript of proceedings, p. 49,191, March 14, 2006, available at < http://www.un.org/icty/transe54/060314IT.htm>
[2] ICTY, RULES GOVERNING THE DETENTION OF PERSONS AWAITING TRIAL OR APPEAL BEFORE THE TRIBUNAL OR OTHERWISE DETAINED ON THE AUTHORITY OF THE TRIBUNAL, rule 33, as amended July 21, 2005, available at < http://www.un.org/icty/legaldoc-e/basic/detention/detindex.htm>.
[3] ICTY, AGREEMENT BETWEEN THE UNITED NATIONS AND THE KINGDOM OF THE NETHERLANDS CONCERNING THE HEADQUARTERS OF THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991, art. XXI(2), May 27, 1994, available at <http://www.un.org/icty/legaldoc-e/basic/cooperation/headindex.htm>.
[4] H.J. Moraal, Senior Public Prosecutor, "Provisional findings concerning the death of S. Milosevic," March 17, 2006, available at <http://www.un.org/icty/milosevic/report-english.htm>.
[5] ICTY, ORDER ASSIGNING A TRIAL CHAMBER TO CONSIDER GRANTING ACCESS TO CONFIDENTIAL MATERIALS IN A CASE, Case No. IT-02-54-T, March 14, 2006, available at <http://www.un.org/icty/milosevic/trialc/order-e/060314.pdf>.
[6] ICTY, ORDER LIFTING CONFIDENTIALITY OF RELEVANT MATERIALS FOR INVESTIGATION PURPOSES, Case No. IT-02-54-T, March 16, 2006, available at <http://www.un.org/icty/milosevic/trialc/order-e/060316.htm>.
[7] ICTY, SWEDISH GOVERNMENT ACCEPTS TRIBUNAL REQUEST TO AUDIT THE DETENTION UNIT, March 31, 2006, AM/MO/1060e, available at <http://www.un.org/icty/pressreal/2006/p1060-e.htm>.
