Milosevic To Give Opening Statement August 31

Slobodan Milosevic will give his opening statement in person and unassisted by counsel on August 31, 2004, according to an August 25th order of Trial Chamber III. However, the Court has yet to decide whether Milosevic must be assisted by counsel for presentation of his evidence.

Following what is expected to be a four hour opening statement, the Court will hear further submissions from the parties on medical reports and the assignment of defence counsel. It will not reconvene to hear evidence in the case until at least September 7.
A further order can be expected in the meantime.

The Court also declined to consider severance of the indictments at this time. In an earlier order, the Court solicited the parties' positions on severing one or more of the three indictments that were joined by the Appeals Chamber for this trial. The Prosecution, the Accused and Amici Curiae all opposed the idea.

The Trial Chamber continues to proceed with great caution. With no decision on whether Milosevic will be allowed to continue representing himself in light of a medical report that he is not fit to do so, the actual beginning of the trial remains uncertain. Should the Court decide to impose counsel, it seems unlikely they could begin presenting evidence on September 7, given the preparation time that even the Amici, with their daily involvement, say they would need. [See CIJ August 23, 2004 Report, 'Amici Ask Court to Decide Milosevic's Fitness to Stand Trial.']

This leans toward a conclusion that the Court is contemplating an intermediate step, short of appointing counsel who would take over for the Accused. Both Amici and the Prosecution suggested an initial step of providing Milosevic with various degrees of legal assistance in the courtroom, leading to full fledged representation by counsel only if Milosevic proves unable to continue. Having counsel in the courtroom might also allow for continuing the trial during Milosevic's repeated bouts of illness.

To reach an intermediate decision, however, the Court must deal with the clear conclusion of its medical expert that Milosevic is no longer fit to represent himself.