The most poorly run trial ever before the ICTY – the high profile proceedings against the ultra-nationalist Serbian leader Vojislav Seselj – has entered into what I can only call its metastasis. AP reports that today the Trial Chamber, by 2 votes to 1 (presiding Judge Antonetti dissenting), decided to adjourn the trial indefinitely, for fears that the integrity of the proceedings has been compromised. The most serious allegations involve witness intimidation by Seselj’s associates – indeed, Seselj himself has recently been charged with contempt of Tribunal for disclosed the identity of a witness in the most recent, 1000 page instalment in his endless, Mein Kampf-like book series that he (supposedly) writes while in detention.
The trial itself has truly devolved into a travesty, with the presiding judge in particular showing an incredible lack of ability to manage the self-representing Seselj. In short, Seselj was basically allowed to run his own trial, with the presiding judge serving as his champion and biggest fan. That Seselj himself is probably one of the most obnoxious and irritating human beings in all of creation is really not an excuse for the amount of incompetence that has been displayed at the ICTY (see generally A. Zahar, ‘Legal Aid, Self-Representation and the Crisis at The Hague Tribunal’, (2008) 19 Criminal Law Forum 241; G. Sluiter, ‘Compromising the Authority of International Criminal Justice – How Vojislav Šešelj Runs His Trial’, (2007) 5 Journal of International Criminal Justice 529)
There is for now no indication how the trial might find its way out of limbo. I won’t even try to explain what kind of impact these developments can have on the already abysmally poor public perception of the ICTY in the Balkans, Serbia in particular. (Not to mention the fact that poor Serbia (i.e. me; self-pity is the best kind of pity) is going to have to suffer through Seselj’s return to the country, probably sooner rather than later, and through his boasting that he actually managed to defeat the Tribunal.) What is fairly certain is that no-one working in the ICTY – least of all the judges – will actually bear any consequences for this fiasco.