As Milosevic turns 63, UN judges seek to get trial back on track

August 21, 2004|Associated Press

THE HAGUE -- Slobodan Milosevic spent a fourth birthday in UN custody yesterday, his war crimes trial at a standstill because of his fragile health and his judges facing a dilemma on how to get it going again.

Should they allow the 63-year-old former Yugoslav president to continue defending himself, despite months of delays? Or should they impose a defense lawyer against his will?

And should the case be broken into three parts -- for the wars in Croatia, Bosnia, and Kosovo -- to increase the chance of reaching a verdict on at least some charges?

The rulings, possibly coming later this month, not only mark a crucial juncture in the Milosevic case, but could set a precedent for other international trials, such as former Iraqi leader Saddam Hussein's, observers say.

After 2 years and 296 witnesses, Milosevic's trial hasn't even reached the halfway mark. It has been six months since the court dealt with the substance of the case -- 66 counts of war crimes charging Milosevic with responsibility for abuses during the three Balkan wars that killed hundreds of thousands in the 1990s during the breakup of the Yugoslav federation.

While Milosevic is not charged with ordering specific atrocities, UN indictments allege his policy of trying to create a "greater Serbia" by driving out non-Serbs led to atrocities such as the slaughter of 7,500 Bosnian Muslim males at Srebrenica over a July week in 1995.

The prosecution ended its case in February, but since then the tribunal has held only a few hearings -- all to review Milosevic's problems with high blood pressure and stress on his heart. The start of his defense case has been postponed five times, and is now tentatively set for Aug. 31.

Milosevic's brother, Borislav, told the Serbian newspaper Vecernje Novosti last week that his brother was feeling better and hoped the trial resumes as planned.

"Mr. Milosevic has been waiting for three years to be given the opportunity to present his case before the court, to bring his witnesses to the stand as well as to present the defense evidence," his Belgrade legal assistant, Zdenko Tomanovic, told The Associated Press. "Mr. Milosevic will himself certainly refuse to accept any defense counsel."

Milosevic has spent months preparing to argue his own defense. Though he did not appear ill during vigorous questioning of prosecution witnesses, Milosevic's doctors say he has high blood pressure that put him at risk of a heart attack, especially when stressed.

The three judges are debating a complete overhaul of the case and have ordered a series of medical examinations to determine if Milosevic is physically fit to conduct his defense, or even to stand trial.

Also under consideration is splitting the trial into three separate cases, as it was before the charges from separate indictments for Croatia, Bosnia, and Kosovo were consolidated into a single proceeding. That would increase the likelihood at least one could be completed.

Milosevic's supporters and legal assistants insist the court must uphold his right of self-defense, regardless of delays. International law analysts argue the tribunal already has accommodated Milosevic too much and should impose a lawyer who can get proceedings back on track.

Milosevic, the first head of state to stand trial for war crimes, will be followed by Hussein, who could cite the precedents of The Hague. Like Milosevic, Saddam would likely try to turn his trial into a political grandstand.

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