Global Policy Forum

By Emma Thomasson

Judges trying Slobodan Milosevic rejected Tuesday a bid by lawyers appointed to defend the former Yugoslav president to withdraw from the case.

In September, the U.N. tribunal imposed British lawyers Steven Kay and Gillian Higgins to defend Milosevic against his will to prevent his ill health further delaying the long trial. Kay and Higgins said they could not defend the former Serb strongman as he refused to cooperate with them and filed a formal request to withdraw from the case.

The tribunal's appeals court restored Milosevic's right to lead his own defense case last month, but said the appointed lawyers should remain available to take over should the former president's health prevent him from continuing. The court trying Milosevic said this meant Kay and Higgins were still needed and rejected their bid to withdraw.

"The underlying obligation of counsel will be to continue to act in the best interests of the accused," presiding judge Patrick Robinson said in a written decision. "The requirement that the trial be fair and that it be concluded in a sufficiently expeditious manner cannot be frustrated by the accused's refusal to communicate with or instruct counsel lawfully assigned to him."

Kay and Higgins could risk disbarment if they try to leave the trial in defiance of the judges, potentially damaging the tribunal's reputation, already hurt by the imposition of defense lawyers which Milosevic called an attempt to muzzle him. Since Milosevic had his right to defend himself restored, his health has not disrupted proceedings and he has questioned witnesses himself without the involvement of Kay and Higgins.

In a hearing last month, Kay said a rapport built up with Milosevic in his and Higgins' earlier role as "friends of the court" to ensure a fair trial was "completely destroyed" after they were formally appointed to defend him. Kay doubted it was possible to rebuild the relationship with Milosevic, who has accused him of lacking professionalism and filed a complaint against him with the Dutch bar association.

He also said the court had failed to provide sufficient instruction for the lawyers to carry out Milosevic's defense and suggested that, given his opposition to their appointment, failing to allow them to withdraw would raise ethical questions.

Milosevic is charged with genocide, crimes against humanity and war crimes in Croatia, Bosnia and Kosovo in the 1990s in Europe's most significant war crimes trial since top Nazis were tried at Nuremberg after World War II. The 63-year-old Milosevic, who had 'not guilty' pleas entered on his behalf after declining to plead to the charges, suffers from a heart condition and high blood pressure.