Global Policy Forum

By Toby Sterling

Slobodan Milosevic can once again lead his own defense at the U.N. war crimes tribunal but must accept a standby lawyer in case he becomes too ill to continue, appeals judges ruled Monday. The compromise decision represents a rare courtroom victory for the former Yugoslav president and promises to break an impasse in his 33-month-old trial on charges of war crimes, including genocide.

Trial judges at the court in The Hague, Netherlands, imposed a defense lawyer against Milosevic's will in September after independent doctors said the 63-year-old defendant could be at risk of a heart attack. Milosevic had defended himself for 2 1/2 years and cross-examined hundreds of prosecution witnesses, but his trial was delayed frequently when he was ill with flu or had dangerously high blood pressure.

The written ruling by the five-judge panel partially reversed the trial court's decision, saying that "when he is physically capable of doing so, Milosevic will take the lead in his case." Milosevic will be allowed to lead his defense, "choosing which witnesses to present, questioning those witnesses ... giving a closing argument when the defense rests and making the basic strategic decisions about the presentation of his defense," the ruling said.

Prosecutors had urged the judges not to let Milosevic resume defending himself, saying his politicized statements show he is unfit as a lawyer, and his reappointment would lead to more delays because of his ill health. "I fear Milosevic could gain by trying again to decide for himself when he is coming to court," Chief Prosecutor Carla Del Ponte said Monday at a news conference in The Hague. "Let's see what will happen."

Milosevic is charged with more than 60 counts of war crimes for his role during the breakup of Yugoslavia in the 1990s.

In September, the trial court appointed British lawyer Steven Kay to take over the defense. Kay had observed the entire trial as a "friend of the court" - invited by judges to help ensure the case proceeded fairly. But Kay's position was made unworkable when Milosevic refused to speak to him or participate further in the proceedings. Most of Milosevic's scheduled witnesses refused to come to The Hague unless the former president was allowed to defend himself, and the trial ground to a halt.

In October, Kay asked to quit, saying that trying to defend a hostile client was impossible. People were "kidding themselves, making believe that what is happening here is a proper defense," Kay told appeals judges. Trial judges have not yet ruled on Kay's request, which may now be withdrawn. Milosevic's trial is in recess and due to resume on Nov. 9.

Shortly before Kay was appointed, Milosevic made a two-day opening statement rejecting the charges against him as baseless and claiming his trial is politically motivated by his enemies in the United States, the United Nations and NATO. Milosevic studied law but has no previous courtroom experience.