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Journal of International Criminal Justice 2008 6(4):617-626; doi:10.1093/jicj/mqn047
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© Oxford University Press, 2008, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Editorial Comment

Karadzic on Trial

Two Procedural Problems

Göran Sluiter*

* Professor in the Law of International Criminal Procedure, University of Amsterdam and Member of the Editorial Committee of the Journal.

[g.k.sluiter{at}uva.nl]


  Abstract

With Radovan Karadzic on trial in The Hague, the International Criminal Tribunal for the former Yugoslavia (ICTY) is offered another opportunity to demonstrate it is capable of delivering expeditious and fair justice in high profile and highly complex cases. It is submitted here that the ICTY can only achieve this objective if it succeeds in satisfactorily dealing with two procedural problems. First, the ICTY has tremendous difficulty in finding appropriate response to accused conducting their own defence. Second, the question arises of how to ensure protection of the right of the accused to be presumed innocent and to be tried by an impartial tribunal, in light of the ICTY's legacy over the years, dealing with many of the crimes set out in the Karadzic indictment. This contribution argues that a solution is still far away for the first procedural problem and as regards the second, the ICTY has made an unfortunate start.

This article is a slightly extended version of a contribution submitted in early August to The Hague Justice Portal.


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