That Someone Guilty Be Punished - International Center for ...

importance for many Bosniak victims, the charges against Milošević included genocide—and
not just for Srebrenica. Moreover, because the prosecution’s case aimed to prove that Belgrade
institutions provided crucial support to Bosnian Serb forces, a verdict that sustained this claim
would establish “that Serbia and Montenegro made an aggression,” 491 as Hatidža Mehmedović
put it. 492
2. The collateral damage of self-representation
One issue that both contributed to the length of the Milošević trial and was cause for deep
concern in itself was the way the Tribunal handled—or many would say, mishandled—the
challenges presented by Milošević’s self-representation. Defendants before the ICTY are
legally entitled to represent themselves, 493 and Slobodan Milošević famously exploited this
right, “transforming the courtroom into his political platform.” 494 As has often been noted,
Milošević’s insistence on representing himself “posed a profound challenge to the conduct
of [his] trial.” 495
This subject, too, has received extensive analysis by others, and the Justice Initiative
has recently published a report devoted exclusively to the challenges presented by political
leaders who represent themselves in war crimes trials. 496 Again, we do not revisit this subject
in depth here but briefly try to capture the impact of self-defending suspects’ behavior on
Bosnians’ experience of justice and, even more briefly, their perceptions of responsibility for
the problems presented in these cases.
For many Bosnians it was excruciating to watch Milošević mock the court, treating
judges “without respect.” 497 Virtually everyone we interviewed in Bosnia believes that
Milošević’s ability to use his trial as a platform for Serb nationalism “could have been avoided”
if ICTY judges had exercised proper control of the courtroom. 498 Along with many attorneys
both within and outside Bosnia, Damir Arnaut, a senior advisor to the Bosniak member of
the Presidency, believes that the ICTY could have found better ways to handle the challenges
presented by Milošević without compromising his rights. 499
Many worry that the Milošević case established a model for others in which high-profile
defendants have abused their right to self-representation, stringing out trial proceedings and
mocking justice. Describing the ongoing trial of Vojislav Šešelj who, like Milošević, chose to
represent himself, Mirsad Tokača noted the unnerving similarity and added: “The Tribunal is
now the strongest weapon in Šešelj’s hands.” 500 Savima Sali-Terzić wonders “why Šešelj has
all the power to mock the court and the judges just sit there in all their dignity. He offends the
victims again. The procedure is terrible. I’m a lawyer and I just don’t understand.” 501
Saying he planned to challenge everything but whether it was “sunny outside or raining,”
Radovan Karadžić—whose case we discuss further below and who, like Milošević, chose
to represent himself—told ICTY judges that his trial would be “far greater than any before
it.” 502 Seeing a cascade effect from Milošević to Šešelj “and Krajišnik and now Karadžić,” Sre-
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