New commentary: Karadžić on Trial 12 Aug 2008
Professor Göran Sluiter discusses Radovan Karadžić's right to self-representation and a fair trial before the ICTY. Commentary now available in English and French.

Read the commentaryProfessor Göran Sluiter of the University of Amsterdam addresses two key issues arising following Radovan Karadžić’s initial appearance on 31 July before the ICTY. The author reviews the contentious right to self-representation before the Tribunal following the Appeals Chamber’s ruling of 6 December 2006 in the Šešelj case in which it “essentially extended the right of self-representation to individuals who abuse—and continue to abuse—this right and thereby damage the integrity of the proceedings.” The author suggests that the time may have come for the Tribunal to draft clear rules regarding this fundamental right.

Professor Sluiter also discusses a crucial element in the Karadžić trial in order for it to ultimately be perceived as a success: the accused’s right to be presumed innocent until proven guilty. The author argues that it is not appropriate for Judge Orie to preside over the case—in spite of his excellent judicial credentials—due to his involvement in the Krajišnik case. In convicting Momčilo Krajišnik in 2006, Judge Orie and his colleagues on the bench found that Karadžić was part of a joint criminal enterprise to “ethnically cleanse” Bosnian territories from 1991-1992.

Read the commentary

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