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Milošević and Šešelj in the dock: contrasting psychologies of power

By Blog Admin, on 7 January 2013

Photo: ICTY building, The Hague Wikimedia Commons

 The defences offered by former top politicians and generals of trial for war crimes at the International Criminal Tribunal for the former Yugoslavia (ICTY) can seem like rambling political bluster. However, examined more closely, they offer a revealing glimpse into different psychologies of personal power. argues Kristen Perrin

There are moments when the proceedings at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague are more closely followed by mainstream media than usual.  This commonly happens when events inside the courts are tumultuous enough to warrant international coverage, reminding some people that the war crimes tribunals relating to the Yugoslav wars of the mid-nineties are, in fact, still going on.  A recent example was the closing statement Vojislav Šešelj, former leader of the Serbian Radical party, gave the ICTY in March 2012.  Šešelj’s behaviour in the court was notorious by this point – he had gone on a hunger strike, refused to attend his own opening statement while defending himself, and taken multiple opportunities to distract, delay, and otherwise interfere with the progress of his trial.

This type of behaviour was not new to the ICTY, and was in some ways comparable with that of Slobodan Milošević when he represented himself.  Looking at transcripts from his trial, we can see that Milošević’s strategies were not mainly driven by the idea of making a legal defence, but were politically and historically charged.  This is common in ICTY trials, and its implications have been widely discussed.  However, few researchers have used ICTY transcripts to study the cognitive patterns of those on trial – that is, taken examples from the transcripts to paint a picture of the thought processes of these individuals. (more…)

Karadžić trial: If I were a prosecutor

By Blog Admin, on 30 October 2012

Former Bosnian Serb leader Radovan Karadžić has presented evidence in his defence to the International Criminal Tribunal for the Former Yugoslavia – it almost amounts to a second prosecution case, finds Eric Gordy.

Evstafiev-Radovan Karadzic 3MAR94

Photo: Evstafiev via Wikicommons

If I were a defence lawyer for Radovan Karadžić – currently on trial for genocide and war crimes at International Criminal Tribunal for the former Yugoslavia in The Hague –  I would be inclined to offer the advice most defence lawyers offer to defendants in criminal cases: do not present a defence unless you have to. The prosecution is required to prove guilt beyond a reasonable doubt, and the defence does not have to prove anything to get an acquittal – all the defence has to do is raise doubt. When it starts presenting its own evidence, it raises the risk of providing additional material for the prosecution.

This is especially the case if the defendant is, like Radovan Karadžić, guilty. Prosecutors love it when this kind of defendant decides to offer a case. It becomes a second prosecution case, offering the prosecutors both new evidence and the chance to introduce in rebuttal evidence that they were not able to introduce when it was their turn.

So let’s have a peek at the some of the evidence that Karadžić submitted on 15 October in his defence. He gives us a written statement by Blagoje Kovačević, a Republika Srpska Army (VRS) colonel who ranked high among the commanders in the siege of Sarajevo from 1992 to 1995. (more…)