by Alex Fielding, @alexpfielding on twitter
Marko Milanovic over at EJIL Talk! has posted an excellent analysis of the decision by a specially-convened ICTY Chamber (a 2-1 decision with Judge Liu dissenting) to disqualify Judge Harhoff for bias in the Vojislav Seselj case. The decision is available here and for context, here is our earlier post on the letter that led to Judge Harhoff’s disqualification. So what happens now?
1. Seselj Retrial?
As Marko notes, the Seselj Trial Chamber had no reserve judge, and therefore a re-trial seems like the only option. Seselj has already spent 10 years in detention and there are serious fair trial concerns if he were to start over under the ICTY branch of the Mechanism for International Criminal Tribunals (which has a renewable four year mandate that started in 2012). How long must a trial last before it becomes a violation of the fundamental right to a fair trial within a reasonable time? The UN will surely not be happy with the prospect of funding and extending the ICTY’s mandate solely because of a Seselj retrial. Seselj could even file a motion for compensation based on his extensive period of detention and the trial’s collapse.