Upon the expiry of his term in office, Milutinović turned himself into
International Criminal Tribunal for the former Yugoslavia (ICTY) in 2003. He was tried under joint war crimes indictment along with five other Serb officials including
Nikola Šainović and
Dragoljub Ojdanić. Milutinović was prosecuted on four counts: deportation, murder as a
crime against humanity, murder as violation of laws or customs of war, and "other inhumane acts" during the War in Kosovo. The allegations include responsibility for mass murders at various locations during 1999. According to the indictment, Milutinović had personal responsibility as the president of Serbia, with power over various governmental institutions. He was a member of the Yugoslavian Supreme Defense Council, thus making decisions in regard to the Yugoslavian Army. He also had a power to dissolve the Serbian Parliament. According to the indictment, during wartime his
de jure powers were extended to ones belonging to the Parliament during peacetime, including control of the police, subordinate to the Army at the time. This claim was hotly contested by Milutinović's defense counsel and some constitutional lawyers, as the 1990 Constitution was written in view of Serbia possibly becoming a sovereign, unitary state, due to the impending collapse of Tito's Socialist Federal Republic of Yugoslavia (which finally occurred in mid-1991). In reality, Serbia was not sovereign, as it still formed part of Milošević's Federal Republic of Yugoslavia, whose President (Milošević) held the post of commander-in-chief of the armed forces. In addition, according to the defense, the Supreme Defense Council was not exercising operational control over Yugoslav troops, neither de jure nor de facto. The ICTY Prosecution also claimed that Milutinović, as the president of Serbia, had de facto influence over the Parliament, the Army and the police (Ministry of Internal Affairs). On 26 February 2009, Milutinović was acquitted on charges of
war crimes. Finding Milutinović not guilty on all counts of the indictment, the court ruled that Milutinović had "no direct control over the
Yugoslav army". Judge Iain Bonomy blamed
Slobodan Milošević for the alleged crimes, and said that Milutinović was "not a key player in the ruling political party." ==Personal life and death==