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US demands jeapardise trial { June 11 2002 } Original Source Link: (May no longer be active)
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US demands jeopardise Milosevic's war trial
By Carola Hoyos, United Nations correspondent
Published: June 11 2002 21:15 | Last Updated: June 11 2002 21:15
The US is jeopardising the testimony of some of the most important witnesses expected to be called in the international trial of Slobodan Milosevic, the former Serbian president accused of war crimes.
Diplomats and US officials say the US State Department is pushing to have the court keep secret the testimony of Richard Holbrooke, the architect of the Bosnia's Dayton peace accords.
The Bush administration is wary of setting any precedent of senior US officials testifying before international courts ahead of the creation of the International Criminal Court, which the US adamantly opposes.
Negotiations with the department have become so difficult that Carla del Ponte, the UN's prosecutor who has been given 14 months to present her case, is said to be considering not calling the witness.
"In general, for the office of the prosecutor and people in the region, the importance of the Milosevic trial is transparency," said one UN official, adding that hiding witnesses would risk the appearance of a show trial.
If Ms del Ponte decides not to call Mr Holbrooke for the prosecution, he faces having to testify for the defence. His testimony would then be shaped to a larger extent by Mr Milosevic.
In opening his defence in February Mr Milosevic sounded almost wistful as he recalled leaders, including Mr Holbrooke, whom he once saw as equals, saying he would call many of them to testify. The US supports the United Nations' international criminal tribunal for the former Yugoslavia, which is trying Mr Milosevic. But US officials are concerned that witnesses with high security clearance may be obliged to reveal sensitive information in court.
Meanwhile, Mr Holbrooke risks being embarrassed by Mr Milosevic, who could highlight his relationship with the former US special envoy during the Dayton negotiations, where Mr Milosevic was given a seat at the table.
"The last thing he [Mr Holbrooke] wants is to have repeated his time drinking whisky with Milosevic after the agreement at Dayton," said one former US official in the Balkans.
Critics say Mr Holbrooke helped legitimise Mr Milosevic by giving him such a prominent role at the peace negotiations for Bosnia. They say the experience helped embolden Mr Milosevic, who shortly afterwards sent his troops into Kosovo.
Without the power to enforce a subpoena and limited by the need to maintain good relations with its most important financial supporter, there is little the judges could do to compel the US to co-operate.
"It would set a terrible precedent," said one UN official. "Other countries would ask themselves why they need to co-operate if the court makes an exception for a member [of the UN] because of its political muscle."
Most worrying to supporters of the trial is the possibility that, if too many witnesses fail to appear at the trial, the judges could decide Mr Milosevic was not given a satisfactory opportunity to defend himself.
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