Yugoslav court annuls Hague handovers

Supporters of Slobadan Milosevic went to court to get the decree annulled

BELGRADE, Yugoslavia -- Yugoslavia's Constitutional Court has overturned a controversial government decree allowing the surrender of war crimes suspects to the U.N. tribunal in The Hague, Netherlands.

The court ruled in a majority vote that the decree was "not in accordance with the constitution of Yugoslavia and its law on criminal procedure," Milan Vesovic, its presiding judge, said.

The ruling followed a hearing instigated by lawyers and supporters of former Yugoslav President Slobodan Milosevic

The decision is fundamentally a technical one and will not stop extraditons to The Hague war crimes court, analysts said.

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Slobodan Vucetic, a constitutional law expert, told The Associated Press that it had little practical significance amid the "legal chaos" in the country that Milosevic left behind.

"This decision does not mean that Yugoslavia cannot or will not co-operate with The Hague tribunal," Vucetic said.

But he said it would need new legislation in parliament "to finally regulate co-operation with The Hague."

Serbian Justice Minister Vladan Batic told the AP the ruling would have "no influence whatsoever" since Belgrade "did not act upon the decree in the past, but complied with The Hague tribunal's statute."

Batic claimed that for the authorities in Serbia, Yugoslavia's dominant republic, the statute of the Netherlands-based court was enough for any practical action.

The new democratic leadership in Yugoslavia also argues that Yugoslavia does not require special laws to regulate investigation, arrest or the handover of war crimes suspects to the U.N. court.

Milosevic was handed over June 28 to the court where he stands charged with responsibility for war crimes committed in Kosovo. The indictment was recently broadened to include war crimes committed by Serbs in Croatia.

Milosevic has continued to refuse to co-operate with the war crimes tribunal, insisting it is an illegitimate, institution peddling fabricated accusations.

In a number of court appearances, the former Yugoslav president has consistently refused to enter a plea at to charges of crimes against humanity and war crimes in Croatia and Kosovo, forcing judges to enter "not guilty" pleas on his behalf.

The ousted leader, transferred to the trial four months ago, has been in detention at a special U.N. holding unit outside The Hague.

At the time of his surrender, the decree allowing handovers to The Hague -- passed by the new leaders to clear way for MIlosevic's handover -- was temporarily annulled by the Constitutional Court, then still comprised of judges loyal to Milosevic.

Yugoslav President Vojislav Kostunica, a staunch critic of The Hague and a law scholar himself, claimed Milosevic's surrender had been illegal and would have required a special law.

The federal government has promised to try to get such legislation through parliament.

Carla Del Ponte, The Hague's chief prosecutor, went to Belgrade last month to berate Yugoslav leaders for their lack of co-operation with her tribunal.

A number of suspects wanted by The Hague tribunal are believed to be hiding either in Yugoslavia or in the Serb-run half of neighbouring Bosnia.

The tribunal, established in 1993 to bring to justice those responsible for atrocities in the Balkans, has indicted more than 100 individuals. Sixty-one have appeared before the court while 31 are still at large.