Even before it began, the second initial appearance of former Bosnian Serb general Ratko Mladic before the ICTY, was postponed. He was not well enough to attend on Thursday, said the Detention Unit Medical Officer, who examined him. He is accused of responsibility for genocide, war crimes and crimes against humanity, committed during the Bosnian war in the early ‘90’s.

By Elsana Nurkovic, The Hague

Mladic was expected to enter a plea in response to the third amended indictment issued against him. But he waived his right to be present in court and gave consent for the session to be held in his absence.
The issue of Mladic’s health overshadowed substantial topics, such as the charges in the indictment or possible defence strategies.

Devil in the detail
After five months, Mladic finally agreed to disclose his medical file to the Chamber. But the health of the accused is not an issue to be dealt with by the Chamber, unless it impacts on the course of the legal process, said presiding judge Alphons Orie. The Chamber will now consider whether to request a full medical report.
The details “should be left to the medical experts,”said Orie.
This comes after a series of alarming statements by Mladic’s lawyers, stating that he is in extremely poor health.
Mladic himself - during the last pre-trial hearing in October, which started an hour later than scheduled – said the delay was caused by his poor health. Serbian media later reported that Mladic collapsed just before his court appearance. However, Orie explained on Thursday that the delay was caused by Mladic’s ill health, but by ‘internal miscommunication with the unit responsible for his transport’.

Absent from court
Certainly, everyone interested in this case hope that Mladic remains healthy and able to stand trial. No one wants to see a repetition of the Milosevic trial, which ended without judgement after four years.
On the other hand, there have already been cases before the ICTY, where the accused have attempted to use the state of their health as an excuse to try to delay the trial as much as possible.
Whether Mladic and his defence team will follow that lead remains to be seen. But the Presiding Judge was very clear when he said that medical expertise, rather than the accused’s claims or his lawyers’ interpretations, will guide the judges’ decisions on the crucial issue of being present in court.