国連ハーグ戦争犯罪法廷の法廷助言者がミロソヴィッチ大統領告発取り下げ勧告

転送、転載、引用、訳出、大歓迎！

　以下で紹介するAP通信の英文記事で、amici curiae, or friends of the courtとなっている言葉を、日本のアフガニスタン戦争犯罪模擬法廷では、アミカスキュリエ（法廷助言者）としている。

　ユーゴ連邦共和国の大統領、ミロソヴィッチは、法律家の訓練を受けた(trained as a lawyer)ので、弁護士を頼まず、大量虐殺の告発に対して、自分で自分を弁護していたが、法廷の経験はないので、法廷の公正を確保するために有資格者の法廷助言者が指名されていたのである。

　この間、別途、セルビア共和国の選挙で、ミロソヴィッチは、議員になる資格を得ている。アメリカ主導のユーゴ悪魔化攻撃は、大きく崩れ始めたのである。

　同じことは、アフガニスタンでもイラクでも続くに違いない。

　この件では、以下のわが電網宝庫記事参照されたい。

　以下が、3月5日の日付のAP通信の英文記事である。

http://story.news.yahoo.com/news?tmpl=story&cid=518&ncid=732&e=3&u=/ap/20040305/ap_on_re_eu/war_crimes_milosevic
Europe - AP
Motion Filed to Dismiss Milosevic Charges

Fri Mar 5, 3:04 PM ET

By ARTHUR MAX, Associated Press Writer

THE HAGUE, Netherlands - The U.N. war crimes tribunal received a motion Friday to dismiss genocide charges against former Yugoslav President Slobodan Milosevic (news - web sites) for lack of evidence.

AP Photo

Slideshow: Slobodan Milosevic

The motion came in a 95-page brief by three amici curiae, or friends of the court, who were appointed to help protect the interests of the former Yugoslav president and ensure a fair trial.

The motion also sought immediate acquittal on other charges related to the wars in Kosovo, Croatia and Bosnia that convulsed the Balkans during the 1990s.

The three independent attorneys argued there was no evidence that Milosevic specifically intended to exterminate Muslims and Croats during the 1992-95 Bosnian War, as alleged in his indictment.

"There is no evidence the accused planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a genocide or genocidal acts," the amici wrote.

They said the prosecution also failed to prove that any of Milosevic's subordinates committed genocide, which requires proof they had the prior intent to destroy a racial, ethnic or religious group.

The genocide charges "should be excised from the Bosnia indictment at this stage of the proceedings," the motion said.

It was not clear when the tribunal would rule on the motion.

Milosevic is defending himself against 66 counts of war crimes. The amici were appointed because he has no prior courtroom experience even though he was trained as a lawyer.

Milosevic is charged with one count of genocide and one of complicity in genocide for the massacre by Serb forces of more than 7,000 Muslims in the U.N.-protected enclave of Srebrenica in July 1995.

In a point-by-point review of the indictment, the lawyers challenged the prosecution's evidence as insufficient or nonexistent. They asked the tribunal to acquit Milosevic outright on several counts and to strike dozens of paragraphs from the indictment as unsupported.

Regarding both the Croatian war at the outset of the Balkan troubles and the Kosovo conflict in 1999, the motion sought a ruling on the precise date that the fighting stopped being an internal revolt and became an international conflict. That could affect several of the counts.

The motion had been widely expected. Independent analysts agreed the prosecution case on the genocide charge was weak, and the prosecutors themselves reportedly were bitterly divided over whether to include the charges in the indictment.

Although the friends of the court ― Steven Kay, Branislav Tapuskovic and Timothy McCormack ― are supposed to address legal issues both in Milosevic's favor and against him, in practice they have tended to act mainly for the defense.

Prosecutors concluded their case against Milosevic last month, two years after his trial began in February 2002. Milosevic is due to begin presenting his defense on June 8.

The motion came amid a reorganization of the tribunal following the unexpected resignation last month of presiding judge Richard May due to an undisclosed illness.

The proceedings already have been delayed by more than 65 trial days because of Milosevic's illnesses. A heart patient, he has suffered recurring bouts of exhaustion and symptoms of flu.

以上。

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