Milosevic Defense Delayed Until End of August

Following weeks of rescheduling, postponements and speculation, the International Criminal Tribunal for the Former Yugoslavia has now set August 31 to resume the trial of Slobodan Milosevic. At the same time, the court has announced that it is considering taking the radical step of imposing a defense counsel to represent Milosevic against his will, in order to limit the delays that his ill-health and the strain of presenting his own case are imposing on the proceedings.

Mr. Milosevic has been on trial since 1992 for war crimes and crimes against humanity committed during the wars in Croatia , Bosnia , and Kosovo as well as genocide in Bosnia. The prosecution wrapped up its case in February this year and Mr. Milosevic, who studied law in Belgrade , has been preparing his defense since. However, due to his ill health – the stress of presenting his own defense adding considerably thereto – the case has already lost 66 days in court this year alone. The court's judges have said they are determined that the defense case should be completed by October 2005.

While the Court in The Hague has installed a lawyer to ensure a fair trial for the former president of Yugoslavia, the members of the Court are increasingly strained by balancing Mr. Milosevic's right to self-defense versus the necessity to keep the procedure running. In their latest move, the judges have ordered an independent cardiologist to assess whether Mr. Milosevic is fit to stand trial at all. Another medical expert determined on July 16 that he needs to rest for a considerable period before the trial can be taken up again at the end of August.

The question of whether to impose a defense lawyer on Milosevic represents a major dilemma for the tribunal. Milosevic has made clear that he wants to continue arguing his own case, and that he will not cooperate with any lawyer forced on him by the court. The judges have so far made enormous efforts not to appear to be curtailing the defendant's rights, but if the current arrangements continue there is a real danger that this enormously significant trial may never be completed. The judges have asked the prosecution to make submissions by Monday July 26 about the possible role of an assigned counsel, and how the trial should proceed if Milosevic refuses to cooperate with this lawyer.

In what is considered the biggest war crimes tribunal since the post World War II proceedings in Nuremberg , the accused has criticized the Court for being biased against him and Serbian people in general. He has also branded the proceeding as illegal, stating that it is designed to cover up the crimes committed by UK and US-led NATO forces.

Once the trial resumes – Mr. Milosevic's blood pressure permitting – the accused has announced plans to call some thousand witnesses, amongst them former US President Bill Clinton and UK Prime Minister, Tony Blair. The Court has allotted 150 days for defense.

Related chapters from Crimes of War: What the Public Should Know:

Bosnia
Crimes Against Humanity
Deportation
Ethnic Cleansing
Genocide

Related Links:

International Criminal Tribunal for the Former Yugoslavia

Coalition for International Justice

Bard College - Public Archive of Milosevic Trial

International Justice in the Balkans

Human Rights Watch

International Center for Transitional Justice

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