The self-proclaimed “biggest enemy” of the International Criminal Tribunal for the former Yugoslavia (ICTY), Vojislav Seselj smiled contemptuously at the courtroom on Monday while receiving another contempt of court sentence. His second contempt conviction in just over two years.

By Radosa Milutinovic in The Hague

The three-judge panel convicted Seselj, a Serb ultra-nationalist, to 18 months in prison for “disclosing confidential information” about “protected witnesses” in “a book he authored” and posted on his web-page. Those witnesses were, at the time, due to testify in the main trial in which Seselj stands accused of crimes against non-Serbs in Croatia, Vojvodina and Bosnia-Herzegovina from 1991-93.

The judgement, delivered by presiding judge O-gon Kwon, said Seselj “knew he was disclosing information which identified ten of the witnesses ... and that he did so intentionally, with the knowledge that.. he was violating decisions of the Trial Chamber.”

Lack of remorse
This constituted “a serious interference with the administration of justice”, because of “the deliberate way” in which Seselj “violated” the court’s order to protect witnesses' identities, the judgement said.

Seselj's “lack of remorse”, as well as his “book's electronic form and availability” were considered by the judges as aggravating factors in determining the sentence.

In judge Kwon's words, the Trial Chamber sought to “discourage this type of behaviour”and to “ensure that there is no repetition of such conduct” by Seselj “or any other person.”

Contrary to the Court's intent to prevent, Seselj has already made it clear that “repetition of such a conduct” is exactly what he relishes.

He was first sentenced to 15 months' imprisonment for the contempt of court in May. His third contempt of court indictment came soon after, alleging Seselj’s refusal to remove his books and other documents which contain information on protected witness identities, from his web-page.
Seselj is due to enter a plea on the third amended contempt of court indictment, on Friday.

Today's judgement illustrates the Tribunal's determination to achieve both of its sentencing aims – retribution and deterrence – and to ensure “witnesses’ confidence” in the Court's “ability to guarantee the effectiveness of protective measures.”

On the other hand, the intended impact of Seselj’s sentence is far less obvious and far from sure.

Tribunal teaser
Consistently defiant, the leader of the Serb Radical Party almost teased the Tribunal in the past to impose long contempt of court sentences on him, pointing out that he has already spent more than eight years in the Court's detention unit awaiting the outcome of his main war crimes trial.

“The bigger the absurd – the bigger is my victory over the Tribunal”, Seselj proclaimed during a hearing this summer, pledging to initiate “at least ten contempt of court proceedings”.

The fact that Seselj will serve two contempt of court sentences “concurrently” - or at the same time – might additionally embolden him to re-offend in the future in what he sees as an attempt to achieve his lifetime goal and “destroy the Tribunal”.

Both current and future contempt of court sentences in Seselj’s case will, anyway, take effect only if the ICTY gives him a longer sentence for war crimes than he already spent in detention. But while the contempt of court cases pile up, the end of Sesel’s main trial, which started in 2007, is in sight. Closing arguments are soon to be scheduled by the Trial Chamber.