Global Policy Forum

By Marlise Simons

When the judge told Slobodan Milosevic that, like it or not, from now on he had to deal with defense lawyers named by the court, Mr. Milosevic, the former Yugoslav president, raised his hands and responded, "Well, you go ahead and deal with it." He picked up his fountain pen, screwed on the top and ostentatiously put it in his inside pocket. It seemed just a small gesture in the long and often noisy power struggle between Mr. Milosevic and his judges. But it has turned out to be a pivotal moment.

That was on Sept. 2. Since then, Mr. Milosevic, who is accused of multiple war crimes, has boycotted his own defense case. He has refused to speak with his assigned lawyers and has withheld all instructions. His witnesses, once ready to appear, have canceled in droves.

To judge by the gloomy mood among court officials, Mr. Milosevic has once again managed to derail the complex war crimes case, pushing it to a new crisis. The judges had imposed lawyers on the ailing and wily Mr. Milosevic hoping to speed up the trial. But the move has had the opposite effect of stalling the proceedings.

Outmaneuvered by the defendant, the judges have adjourned proceedings until Oct. 12, to give the defense team time to track down witnesses. Pessimists at the court now fear that the case may gradually implode or at best may end up looking unhappily lopsided. Already the question is being asked whether the case may be concluded without much evidence from the defense. "It's a big question," said a court official who spoke on the condition of anonymity. "This would certainly not convey the impression of a fair trial."

Much is at stake in this war crimes trial, the first for a European leader in half a century. For many people in the former Yugoslavia, whose lives were ruined in the 1990's when the country was torn apart, it should provide an accounting of crimes committed, possibly by all sides. The case is also expected to serve as a precedent, and as "a textbook full of lessons,'' as one lawyer put it, for future trials of high-level defendants like Saddam Hussein and others likely to appear at the International Criminal Court in The Hague.

"Milosevic has been remarkable at throwing wrenches into the proceedings," said Richard Dicker, a director of Human Rights Watch, who attended recent hearings. "Just when you think he's out of cards, a few more fall from his sleeve."

Some analysts believe that too much has been made of Mr. Milosevic's contrarian ways. "It's surprising there is the expectation at all that he should cooperate," said Thierry Cruvellier, who edits the newsletter International Justice Tribune and has attended numerous war crimes trials. "Why should he cooperate if he sees the court as an institution created to convict him?"

Mr. Milosevic himself has often said with derision that the court is nothing but a political tool, financed by the NATO countries to punish him. The other day he said there was no mystery about his motives for talking in court - in fact he said he would use every opportunity to present the truth.

Just as Mr. Milosevic was about to present his version of the truth, he lost his platform when the court named two British lawyers to conduct his defense. He would get a minor role and be allowed to ask questions of a witness as long as they were relevant. Mr. Milosevic poured scorn on that suggestion and said he would not act as the lawyers' assistant.

The mood in court had begun to change this summer, when a new judge, Iain Bonomy, replaced Richard May, who died of cancer. It seemed that Judge Bonomy, a no-nonsense Scottish justice, had not been worn down by Mr. Milosevic's ways. When Mr. Milosevic recently said the tribunal was part of "a joint criminal enterprise," using a term the prosecution applied to him, Judge Bonomy said that was "a flagrant insult to the court."

The new judge was apparently also taken aback by a trial schedule that often seemed regulated by the defendant's unpredictable blood pressure. For example, Mr. Milosevic had made it clear he wanted more time to start his defense case. The date was postponed five times because of reports that he was ill.

The three judges put an end to the uncertainty after they received a new round of medical reports in July and August. Cardiologists had reached two basic conclusions: first, that Mr. Milosevic had not regularly taken the medicines prescribed for his high blood pressure and heart disease, and second, that his illness was recurrent and would not allow him to manage his own defense.

Tiphaine Dickson, a Canadian lawyer speaking for the International Committee to Defend Slobodan Milosevic, said the doctors' arguments were highly questionable. Mr. Milosevic, she said, "is mentally fit to represent himself" and, as for his health, "arguably he has already had the most difficult part of his trial during the prosecution case - you don't cure hypertension by taking away someone's autonomy."

Recent hearings have produced some of the trial's most heated debates. While Mr. Milosevic called the imposition of lawyers "a scandal," Patrick Robinson, the presiding judge, told him that "the time for playing games is gone." "Your conduct, I have to say, borders on being petulant and puerile," he added.

Judge Robinson also offered a new insight. While the judges had insisted until now that defense lawyers were assigned because of Mr. Milosevic's illness, Judge Robinson said the trial had to continue promptly because "the prestige, reputation and integrity" of the court were at stake.

In the coming weeks, Steven Kay, who leads the defense, will be scrambling to get witnesses who were on Mr. Milosevic's list to change their mind and come to The Hague. But Mr. Kay could be out of his job soon. Mr. Milosevic has appealed to regain the right to defend himself. A ruling is expected next month.