The Indictments
The trial is based upon three separate Indictments for war crimes, allegedly committed in Kosovo, Croatia and Bosnia-Herzegovina. Mr. Milosovic is not accused of having personally killed, maimed or tortured anyone. Instead, as President of Yugoslavia (Serbia and Montenegro) he is held responsible for the actions of his subordinates.

The Prosecution opened its case, Tuesday morning, February 12, 2002 at 9:30 a.m. and is first presenting the charges in the Kosovo Indictment. This is expected to last through June. Presentation of evidence for the other two Indictments is expected to commence in the Autumn.

After a brief opening statement by Chief Prosecutor Carla del Ponte, wherein she reminded the court that “this is a criminal case” and the pre-trial political statements of the accused are not pertinent to the issues, Geoffrey Nice began the opening statement for the Prosecution.

While the Prosecution claims that it will prove the existence of a Milosovic plan for persecution of the non-Serb citizenry of the former Yugoslavia, it is not necessary for conviction that there be such a plan. All that is necessary is that the Prosecution prove that Mr. Milosovic knew of war crimes, before, during or after their commission and either did nothing to prevent them or did nothing to punish the perpetrators. Such is “Command Responsibilty”.