On 24 July 2009, Trial Chamber III at the International Criminal Tribunal for the former Yugoslavia (ICTY) found Vojislav Šešelj guilty of Contempt of the Tribunal under Rule 77(A)(ii) of the Rules of Procedure and Evidence. Šešelj was given a sentence of 15 months’ imprisonment by the Chamber, which cited the gravity of the offence and the need for deterrence as factors in its decision.

Šešelj becomes the first accused to be charged with and convicted of contempt while also on trial for war crimes.

Under the Order in lieu of an Indictment of 21 January 2009, Šešelj was charged with knowingly and wilfully interfering with the administration of justice, through the disclosure of confidential information in violation of orders by the Tribunal granting protective measures. The charge relates to a book authored by Šešelj containing information regarding the names and personal information of three protected witnesses and their testimonies from his war crimes trial.

In delivering its verdict, the Trial Chamber noted the deliberate way in which Šešelj had defied the protected measures granted to the witnesses and considered his actions a serious interference with the administration of justice. The Chamber also asserted the need to discourage and prevent such behavior, given its potential adverse impact upon the confidence of protected witnesses in the Tribunal. Šešelj was ordered to remove the book from his website by 7 August.

Witness intimidation

The war crimes trial of Šešelj was suspended indefinitely on 11 February 2009 following a majority decision on a request by the prosecution, due to witness intimidation.

Vojislav Šešelj is the former president of the Serbian Radical Party (SRS) and was a prominent political figure in the Federal Republic of Yugoslavia (FRY). He is charged on the basis of his individual criminal responsibility with eight counts of crimes against humanity and six counts of violations of the laws or customs of war. The Indictment alleges that Šešelj participated in a Joint Criminal Enterprise (JCE) aimed at the forcible removal, through the commission of crimes, of the Croat, Muslim and other non-Serb populations in Serbia, Montenegro, Macedonia, as well as in Croatia and Bosnia and Herzegovina.

Following the rendering of the contempt verdict it is likely that proceedings in Šešelj’s war crimes trial will recommence.

Vojislav Šešelj