Deputy Chief of Mission at the U.S. Embassy in Belgrade, Jennifer Brush, told Voice of America that Kostunica had been notified of the attack, but had issued a police order not to respond.

"There was no reaction, which was astonishing. Later, I learned from eyewitnesses that the then Prime Minister Vojislav Kostunica attended a service at Saint Sava Temple during the attack, where he received information about the attack on the US Embassy. He responded by saying: 'Don't react'. So, Kostunica ordered the police to do nothing", Brush told Voice of America.

She said it is fine that several police officials at the time are preparing for the trial in Belgrade but reiterated that "the main responsibility for the attack lies with the then Prime Minister Vojislav Kostunica".

Today Serbian media reports that Democratic party of Serbia (DSS), Kostunica's former party, issued a statement where they described as "incomprehensible impudence" of the US to call on international law and conventions, reports Serbian media.

In a statement, the DSS recalls that the United States, "brutally trampling on international law, committed aggression against Serbia, bombarded it with depleted uranium and cluster bombs, killing civilians and destroying infrastructure and economic facilities."

"About the event, and the question of any possible responsibilities, the last ones to speak are those whose troops committed monstrous war crimes against civilians in Serbia and around the world with impunity," the DSS said in a statement.

"Until they are held responsible for the aggression and crimes committed, their mention of the obligations under the Vienna Convention is a reflection of the arrogance and violent policies that have made the United States the most hated nation in the world," the statement said.