BELGRADE – Yugoslavia‘s Constitutional Court last Thursday suspended the implementation of a government decree intended to pave the way for former president Slobodan Milosevic‘s transfer to the U.N. war crimes tribunal. The court said it had accepted the recommendation of one of its judges, who had examined the case, to suspend the implementation of the decree while it decided whether the measure was in accordance with the constitution.

The head of the court, Milutin Srdic, sprang a surprise at the start of the session, submitting his resignation and saying he wanted to take no part in the controversial case. But the four remaining judges pressed on and passed a unanimous ruling to suspend the decree. Many reformist leaders had indicated before the court hearing they intended to press on with moves to hand over Milosevic whatever its decision. They said the court was not independent as many of its officials were Milosevic appointees. But a question mark hangs over the position of Yugoslav President Kostunica, who had indicated the opinion of the Constitutional Court should be respected. Kostunica, who describes himself as a moderate nationalist, is a leader of the ruling DOS reformist alliance but is also a fierce critic of the U.N. tribunal in The Hague. He has accused it of practising „selective justice“ directed at Serbs.

Milosevic was indicted by the tribunal in May 1999, charged with crimes against humanity and accused of responsibility for mass killings and expulsions of ethnic Albanians in Kosovo. His lawyers had argued that the government decree on cooperation with the tribunal, pushed through by reformist ministers at the weekend, violated a constitutional ban on the extradition of Yugoslav citizens.

But backers of the measure said handing a suspect over to The Hague did not amount to an extradition as the tribunal is a U.N. institution, not a foreign state. Reuters