Tuesday, January 1, 2002
Volume:
18
Issue:
1
39
Abstract:
On November 6, 2001, the Constitutional Court for the Federal Republic of Yugoslavia ruled the ?decree on procedures of cooperation with the international criminal tribunal is not in accordance with the constitution of the Federal Republic of Yugoslavia and with the law on criminal procedure,? thereby voiding the legislation governing cooperation with the International Tribunal for Crimes in the Former Yugoslavia (ICTY). Yugoslavia authorities have argued that it requires such legislation to had over citizens to the ICTY and the federal government has said it wants to again try to enact such legislation. Yet, the ICTY?s chief prosecutor, Carla Del Ponte disputes the claim. The federal cabinet passed the decree the Constitutional Court ruled unconstitutional to clear the way for the transfer of Slobandan Milosevic and other suspects after Parliament did not enact leg isolation. On June 28, 2001, when Serbia handed over Mr. Milosevic, the ministers ignored a court ruling that the decree should not be carried out until the court had ruled on the decree?s constitutionality. Instead, the ministers cited a constitutional provision that permitted them to act if Serbia?s interest were threatened.