A "Fair and Expeditious" Trial: A Reappraisal of Slobodan Milosevic's Right to Self-Representation before the International Criminal Tribunal for the Former Yugoslavia

By Hotis, Constantinos | Chicago Journal of International Law, Winter 2006 | Go to article overview

A "Fair and Expeditious" Trial: A Reappraisal of Slobodan Milosevic's Right to Self-Representation before the International Criminal Tribunal for the Former Yugoslavia


Hotis, Constantinos, Chicago Journal of International Law


Slobodan Milosevic elected to conduct his own defense in his initial appearance before the International Criminal Tribunal for the Former Yugoslavia ("ICTY" or "Tribunal").1 The Trial Chamber granted the request2 and later reaffirmed the right to self-representation,3 explaining that the rights of the accused could not be "infringed" even in the interests of a "fair and expeditious trial."4 It was careful to emphasize, however, that there may be certain "circumstances" when the appointment of counsel would be necessary.5

Circumstances clearly changed at the ICTY. The Trial Chamber frequendy postponed its proceedings because poor cardiovascular health prevented Milosevic from directing his own defense even with a reduced working schedule. It responded by assigning Steven Kay and Gillian Higgins to assume control over Milosevic's defense6 "in the interests of justice."7 In reaching this decision, the Tribunal weighed competing interests and concluded that the need to conduct a "fair and expeditious" trial superseded Milosevic's right to self-representation.8

The decision to impose counsel on Milosevic was affirmed on appeal.9 The Appeals Chamber reasoned that assigning counsel ensured that the trial would close within a reasonable amount of time,10 but sharply criticized and reversed the modalities11 of the order because they relegated Milosevic to a "visibly second-tier role in the trial."12

Following the Tribunal's order, defense witnesses declined to testify13 and Milosevic refused to cooperate.14 In light of these difficulties, Milosevic's counsel requested to be relieved of their duties to avoid violating the code of ethics governing defense counsel at the ICTY. The Trial Chamber rejected their motion, maintaining that the "presence of assigned counsel is essential to ensure the fair and expeditious conduct of the proceedings."15

This Development analyzes and critiques recent cases on Milosevic's in propna persona defense. Contrary to some arguments that the assignment of counsel will aid the trial process,16 it contends that the ICTY cannot impose counsel because all of the reasons that it used to justify its ruling are inadequate. This Development specifically argues that the "fair and expeditious" rationale, with its emphasis on judicial management, does not legitimize the Tribunal's decision to retract Milosevic's right to self-representation. In fact, it is a poor proxy for justice and may countervail any type of fairness that the ICTY wishes to achieve in its proceedings. This Development concludes that the Tribunal should formally sustain Milosevic's right to self-representation so as to bolster its own legitimacy and positively influence the acceptance of present and future international tribunals.

To these ends, the Development is divided into three parts. In the First Section, the Development will piece together and analyze the various rationales that the ICTY used to justify the imposition of counsel. There will be a corresponding focus on cases outside of the ICTY, particularly from other war crimes tribunals such as the International Criminal Tribunal for Rwanda ("ICTR") and the Special Court for Sierra Leone ("SCSL"). These arguments will be critically assessed and ultimately rejected in the second section. The Third section will question the adequacy and application of the "fair and expeditious" rationale to impose counsel on Milosevic. In a brief Conclusion, the reasons for rejecting the recent decisions from the ICTY will be reassessed.

I. "FAIR AND EXPEDITIOUS" AND OTHER REASONS FOR IMPOSING COUNSEL AT THE ICTY

The Appeals Chamber recognized that individuals before the ICTY have a presumptive right to self-representation.17 Article 21(4)(d) of the Statute for the International Criminal Tribunal for the Former Yugoslavia ("ICTY Statute") expressly provides that an individual has the right "to defend himself in person or through legal assistance of his own choosing. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

A "Fair and Expeditious" Trial: A Reappraisal of Slobodan Milosevic's Right to Self-Representation before the International Criminal Tribunal for the Former Yugoslavia
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.