The International Criminal Tribunal for Yugoslavia (ICTY) has ordered the appointment of counsel to Radovan Karadzic, but recognised his fundamental right to self-representation. The chamber recognised that he would continue to represent himself, with the appointed counsel only taking over as assigned counsel if he continued to obstruct the proceedings.
The decision follows Karadzic’s refusal to attend the opening of his trial on October 26th, and all subsequent trial days. The Chamber concluded that Karadzic had “substantially and persistently obstructed the proper and expeditious conduct of his trial by refusing to attend the proceedings until such time as he considers himself to be ready.”
The former Bosnian Serb leader claims his defence was not ready despite the court’s decision that he had been given enough time.
The court repeatedly warned Karadzic that the consequence of his boycott could be the assignment of counsel to him and the continuation of the proceedings without him.
The Trial Chamber stated that “the overall interests of justice are best met by the appointment of counsel”, and ordered the Registrar to proceed in that regard. The Trial Chamber also ordered the trial to resume on March 1st 2010, allowing the appointed counsel three and a half months to prepare for the trial.
The trial will resume with Karadzic’s opening statement in March. But the tribunal already warned that if Karadzic continues to be absent from the resumed trial proceedings in March “he will forfeit his right to self-representation, no longer be entitled to assistance from his assigned defence team, and the appointed counsel will take over as an assigned counsel to represent him.”

























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