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yugoslavias implosion

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DEFEAT OF THE TERRITORIAL PRETENSIONS<br />

During the nato intervention in Kosovo in 1999, the International<br />

Criminal Tribunal for the former Yugoslavia (icty, or Hague<br />

Tribunal) at The Hague indicted Slobodan Milošević on charges of<br />

crimes against humanity and genocide. The indictment was later<br />

enlarged to include crimes committed in Croatia and Bosnia. He was<br />

extradited to The Hague by a reformist Serbian government in June<br />

2001 and his trial began in February 2002. Just over four years later, he<br />

died, still in the tribunal’s custody.<br />

Milošević died before the tribunal could pass judgment on him.<br />

His demise came as a blessing to Serbian nationalists because they<br />

could claim that he died an innocent man, a martyr to the Serbian<br />

cause. The public in Serbia, however, is largely unaware of the tribunal’s<br />

decision of June 16, 2004, in which it dismissed a motion<br />

for acquittal, explaining: “The Trial Chamber holds that there is<br />

sufficient evidence that there existed a joint criminal enterprise,<br />

which included members of the Bosnian Serbian leadership, the aim<br />

and intention of which was to destroy a part of the Bosnian Muslims<br />

as a group, and that its participants committed genocide in Brčko,<br />

Prijedor, Sanski Most, Srebrenica, Bijeljina, Ključ and Bosanski<br />

Novi.” 485 Milošević’s complicity in war crimes was further indicated<br />

by the icty’s verdict of February 26, 2009, when it found five former<br />

high-ranking Yugoslav and Serbian political, military, and police<br />

officials guilty of crimes against humanity committed in Kosovo in<br />

1999. This judgment establishes responsibility for the joint criminal<br />

enterprise that was to have made possible the creation of a Greater<br />

Serbia. One of the men found guilty, Nikola Šainović, was described<br />

in the judgment as “one of the closest and most trusted associates of<br />

Milošević” and a “key participant in the joint [criminal] enterprise.”<br />

485 “Miloševiću dokazan genocid u Bosni” (Genocide Proved in Milošević’s Trial),<br />

Međupresuda Haškog tribunala od 16 . juna 2004, Sarajevo, 2007 . (Amici Curiae<br />

asked for Judgment of Acquittal (3 March 2004), Prosecution response to the Amici<br />

Curiae Motion for Judgment of Acquittal Pursuant to Rule 98 bis (3 May 2004)<br />

277<br />

ChApter 4

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