|Decision on Assignment of Counsel - 20.10.2006||
The Trial Chamber, in the Impugned Decision, held that to restrict the right to self-representation during the pre-trial stage, the accused’s behaviour should provide, when considered as a whole,
a strong indication that self-representation may substantially and persistently obstruct the proper and expeditious conduct of the proceedings.
The Appeals Chamber agreed with the aforementioned approach adopted by the Trial Chamber, save for use of the word “may”, and held that the word “would” is more appropriate
as a Trial Chamber should have a high degree of certainty before exceptionally placing a restriction on the right to self-representation pre-emptively at the pre-trial stage before an accused has had the opportunity to conduct his own defence at trial.
 Prosecutor v. Vojislav Šešelj, Case No. IT-06-67-PT, Decision on Assignment of Counsel (“Impugned Decision”), 21 August 2006, para. 14
 Impugned Decision, paras 74 and 79.
 Decision, para. 28.