Battle of Wills Between Court and Milosevic Continues

The battle of wills between Slobodan Milosevic and Trial Chamber III continues, as Milosevic refuses to cooperate with Court-appointed counsel, Steven Kay, and the Court refuses to hear his continued objection over the curtailment of his right to represent himself. Presiding Judge Patrick Robinson emphasized, 'that issue is now in another forum,' referring to the Appeals Chamber. The Trial Court will no longer entertain discussion about it.

The Accused intervened to object to Prosecutor Geoffrey Nice's cross examination and, for that matter, Mr. Kay's direct examination. When Milosevic complained that the Court was giving Nice an excessively long time to cross examine witnesses, Judge Robinson commended him for his 'attention to procedural details.' The Judge went on to say he wished Milosevic 'would become more involved in substantive matters.' Showing that the Court is perhaps losing patience, he lectured the Accused, 'The time for playing games is gone. . . . Your conduct borders on being petulant and puerile. I expect a more mature approach from you . . . .'

While Milosevic complained that Kay's examination in chief was 'completely senseless,' he has refused to meet with him or to accept the Court's oft-repeated invitation to put supplementary questions to witnesses. Milosevic's associates also report that 265 proposed witnesses have refused to make themselves available to the Tribunal unless it changes its decision on the Accused's self-representation. In other words, they, like Milosevic, do not recognize the authority of the Court.

Milosevic's position is nothing less than a challenge to the Court's power and legitimacy. That is not a new position. He has refused to acknowledge the Court's authority since he was brought before it as an indictee. Until recently, the Court allowed him considerable leeway to participate, despite his declared intention to use the trial as a forum for his own purposes and despite the fact that he used considerable time during the Prosecution's case to make speeches and question witnesses on matters not relevant to a legal defence.

After two and a half years, numerous adjournments, a greatly reduced trial schedule, the death of the presiding judge and the deterioration of Milosevic's own health, the Court decided a new strategy for achieving justice was called for. The appointment of counsel and the insistence on adherence to ICTY rules are part of that strategy. One could not have expected the Accused to accept unchallenged a major change in the way the trial is conducted. While some would say he is losing his 'right to defend himself,' he is in fact losing his forum. He declared long ago that he has no intention of defending himself.

It is the Court's insistence on taking itself and its authority seriously that has caused Milosevic to bring all the power he can muster to undermine that authority. That is what the present confrontation is about. The fundamental question is whether Milosevic or the Court will win this battle of wills. Will Milosevic or international justice prevail?

Kay advised that no witnesses are available for tomorrow's session. The Court will sit to hear argument on Kay's proposals for a new medical examination and a stay of proceedings pending an Appeals Chamber decision on appointment of counsel.