THE HAGUE (AFP) - Judges at the UN war crimes court ruled that former Yugoslav president Slobodan Milosevic can lead his own defense as long as he is fit but must retain lawyers who were appointed by the tribunal against his will.
In their decision, the appeals chamber upheld the lower court`s decision to assign counsel to Milosevic but suggested drastic changes in how the arrangement should work.
"When he is physically able to do so, (Milosevic) will take the lead in presenting his case," the appeals judges established.
The lower court had earlier ruled that the lawyers assigned to Milosevic were the ones who should determine the course of the defence case despite spirited protests from the former Yugoslav leader.
If Milosevic goes along with the changes suggested by the appeals chamber, he will be able to choose what witnesses to present, to question those witnesses before the assigned lawyers do, to make a closing statement at the end of the case and to make basic strategic decisions about the presentation of his defence, the judges explained.
"In practice, if all goes well, the trial should continue much as it did when Milosevic was healthy," the appeals chamber said.
The former president faces over 60 charges of genocide, war crimes and crimes against humanity relating to the wars that accompanied the bloody break-up of Yugoslavia, from 1992-95 in Bosnia, 1991-95 in Croatia and 1998-99 in Kosovo. More than 200,000 people died in the Balkans wars.
Milosevic (63) suffers from high blood pressure and his trial, which began in February 2002, has already been interrupted over a dozen times because of his recurrent ill health.
On September 2 this year the lower court assigned British lawyers Steven Kay and Gillian Higgins to defend Milosevic following doctors` reports that he was not fit enough to act as his own lawyer.
While ruling that the lower court was right to appoint lawyers, the appeals judges slammed the court for "dramatically" curtailing Milosevic`s role in the case on health grounds.
Chief UN war crimes prosecutor Carla Del Ponte warned Monday that the the judges should be strict with Milosevic.
"I feel Milosevic could again try to decide for himself when he can come to court, that must not be allowed," she told reporters.
"This decision is another way to ensure that the accused Milosevic is able to defend himself, but this is not an absolute right," she stressed.
Only if Milosevic becomes too ill to present his own case, "the presence of assigned counsel will enable the trial to continue even if Milosevic is temporarily unable to participate", the appeals judges said.
It is not clear whether the former Yugoslav leader will agree to the practical changes because the appeals chamber has not reversed the imposition of counsel.
"It is likely he will resume as before, while refusing to acknowledge or involve appointed counsel in his defence. That puts off confrontation with the trial chamber until at some point in the future when Milosevic`s illness next keeps him out of court," said Judith Armatta, a lawyer who follows the trial for the Coalition for International Justice (ICJ).
Even if the appeals chamber has now ruled that the mammoth trial can continue with assigned lawyers in a much more limited role, it is unclear how the case will continue.
Last week Kay and Higgins asked to withdraw as defence counsel because they felt they cannot do their job because Milosevic will not cooperate with them.
Kay and his associate would not give a reaction to the appeals chamber ruling Monday. The lower court has yet to rule on the request by Kay and Higgins for dismissal, but it is expected that they will try to convince the lawyers to stay on.
The trial is scheduled to resume on November 9.
11/01/2004 - 16:41 GMT - AFP