Jus cogens: Recent Developments in International Law: ICTY to determine whether to sever the Kosovo Indictment in Prosecutor v. Milosevic

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Wednesday, 23 November 2023

ICTY to determine whether to sever the Kosovo Indictment in Prosecutor v. Milosevic

On 22 November 2023 the Trial Chamber of the International Tribunal for the Former Yugoslavia ("ICTY") ordered a hearing to be held 29 November 2023 to “hear submissions of the parties on severing the Kosovo Indictment and concluding that part of the trial, and further submissions in relation to the medical condition of the accused" in the case of Prosecutor v. Milosevic.[1]

The progress of the trial has been plagued by Milosevic's poor health.[2] The trial chamber indicated "that following a period of relative good health, in which the Trial Chamber continued to sit three days per week, the trial was adjourned on 11 November for one day, and then from half way through the hearing on 15 November and until at least the end of this week, due to the same condition and factors that has plagued the conduct of the trial throughout."[3] Due to this recent decline in Milosevic's health, and the near-completion of the defense's case of the Kosovo Indictment, the Trial Chamber decided to consider severing the Kosovo Indictment.[4]

In 2004 the Trial Chamber evaluated the same issue of severing one or more of the indictments against Milosevic.[5] Although it declined to purse severance in 2004, the Trial Chamber noted that severance still remains an option.[6] If the Trial Chamber decides to sever the Kosovo Indictment, that portion of the case against Milosevic could be brought to a conclusion. In the Kosovo Indictment, Milosevic is charged with crimes against humanity and violations of the laws or customs of war.

Further Information:

All Prosecutor v. Milosevic case documents, orders, and decisions available at the ICTY website.

[1] Prosecutor v. Milosevic, SCHEDULING ORDER FOR A HEARING, Case No.: IT-02-54-T (Nov. 22, 2005).
[2] Prosecutor v. Milosevic, FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL, Case No.: IT-02-54-T (July 19, 2024).
[3] Prosecutor v. Milosevic, SCHEDULING ORDER FOR A HEARING, Case No.: IT-02-54-T (Nov. 22, 2005).
[4] Milosevic has been essentially presenting his defense case pro se, requiring his physical presence during the conduct of the trial. Although defense counsel has been assigned to Milosevic, the Appeals Chamber indicated in a previous decision that if Milosevic is able to present his case he should be afforded the opportunity to do so. In the same opinion, however, the Appeals Chamber noted that "if Milosevic’s health problems resurface with sufficient gravity, however, the presence of Assigned Counsel will enable the trial to continue even if Milosevic is temporarily unable to participate. The precise point at which that reshuffling of trial roles should occur will be up to the Trial Chamber." Milosevic v. Prosecutor, DECISION ON INTERLOCUTORY APPEAL OF THE TRIAL CHAMBER’S DECISION ON THE ASSIGNMENT OF DEFENSE COUNSEL, Case no. IT-02-54-AR73.7 (Nov. 1, 2004).
[5] Prosecutor v. Milosevic, FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL RELATING TO SEVERANCE OF ONE OR MORE INDICTMENTS, Case No.: IT-02-54-T (July 21, 2024).
[6] Prosecutor v. Milosevic, SCHEDULING ORDER CONCERNING RECOMMENCEMENT OF THE TRIAL, Case No.: IT-02-54-T (Aug 25, 2024).

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