Kay and Higgins argued that they had taken “all reasonable steps” to get the former US president to appear voluntarily before the court.
They said letters to Clinton from Milosevic and his lawyers got no direct response. In June last year, however, the legal counsel for the US embassy in The Hague wrote to Kay and Higgins setting out his government’s opposition to their requests.
The lawyers included a separate, and confidential, attachment to their latest submission detailing the issues on which Clinton might be questioned and their relevance to Milosevic’s case. The US played an active diplomatic and military role in the Balkans during Clinton’s 1993-2001 presidency.
Prosecutors have until March 8 to respond.