The common-law style adversarial system used by the International Criminal Tribunal for the Former Yugoslavia (ICTY) has caused major delays in trying suspected war criminals and is undermining the work of the court, one of the judges sitting in the trial of Slobodan Milosevic claimed this week.

Lord Bonomy also told delegates at a session on war crimes that he was not sure whether prosecution and reconciliation are objectives that can sit together in the same institution.


The Scottish solicitor-turned-advocate said the generally adversarial nature of proceedings is the principal reason for their length - it took two years to present the prosecution case in the Milosevic case.


He added: 'So many things take longer than they should and are far more complicated than they should be. There is an essentially bureaucratic approach towards all aspects of the tribunal's work. There seems to be a basic feeling of insecurity and a lack of confidence among the people [there], including the judges.'


He argued that the right to be tried in public means 'the exposure of the process to public scrutiny, not the exposure of every significant piece of evidence in real time'. The judge said evidence is not always best presented in an adversarial way - witnesses from inquisitorial countries expect to be able to recount their stories 'and do not expect to face the sort of challenge that adversarial cross-examination poses'.


While welcoming procedural reforms, such as more use of written statements in lieu of oral evidence, Lord Bonomy said a more radical approach may be required - moving to judges having a 'truly inquisitorial role' and taking greater control of the proceedings. 'I'm convinced it's essential to find another way to administer justice in the aftermath of conflict. The International Criminal Court has the time and, I hope, the will to find a better way.'


A total of 126 defendants have appeared in hearings before the ICTY, with judgments - largely guilty verdicts - handed down against 55 of them. The ICTY was set up in 1993 and the United Nations Security Council has said it wants trials to be completed by 2009.