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International Tribunal for the Prosecution of Persons - The Milošević trial: an autopsy

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The Miloevi Trial

The Miloevi Trial

An Autopsy

EDITED BY
Timothy William Waters

The Miloevi trial an autopsy - image 1

The Miloevi trial an autopsy - image 2

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective
of excellence in research, scholarship, and education by publishing worldwide
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Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by
Oxford University Press
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Oxford University Press 2013

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.


Library of Congress Cataloging-in-Publication Data

The Miloevi trial: an autopsy/edited by Timothy William Waters.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-979584-0 ((hardback): alk. paper)
1. Miloevi, Slobodan, 1941-2006Trials, litigation, etc. 2. Trials (Crimes against humanity)
NetherlandsHague. 3. War crime trialsNetherlandsHague. 4. Yugoslav War,
19911995Atrocities. 5. International Tribunal for the Prosecution of Persons Responsible
for Serious Violations of International Humanitarian Law Committed in the Territory of the
Former Yugoslavia since 1991. I. Waters, Timothy William, 1966
KZ1203.M55M56 2013

341.690268dc23

2012033070


9 8 7 6 5 4 3 2 1

Printed in the United States of America on acid-free paper

Note to Readers
This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate.

(Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.)

You may order this or any other Oxford University Press publication
by visiting the Oxford University Press website at www.oup.com.

To my father, Raymond Montgomery Waters, Sr.,
24 January 192618 April 2011
Who was never quite sure what I was working on
Though he was always very proud of me for doing it;
And who didnt quite live long enough to see what it was:
I wish Id worked a bit faster,
but I know hed rather I took the time to do it right.
PCET

Contents

5. Real Justice, in Time: The Initial Indictment of Miloevi
Clint Williamson (Chief Prosecutor for the EU Special Investigative Task Force)

6. Real Justice or Realpolitik? The Delayed Indictment of Miloevi
Cherif Bassiouni (DePaul University)

* * *

7. Slow Poison: Joinder and the Death of Miloevi
Gideon Boas (Monash University)

8. Joinder, Fairness, and the Goals of International Criminal Justice
Frdric Mgret (McGill University)

* * *

9. Difficulties for the Participants: Indictment Correct, Trial Impossible
Carla Del Ponte (Former Chief Prosecutor, ICTY and ICTR)

10. Outside the Internal Dynamics of the Prosecution
Kelly Dawn Askin (Open Society Justice Initiative)

* * *

11. In the Shadow of Nonrecognition: Miloevi and the Self-Represented Accuseds Right to Justice
Evelyn Anoya (Special Tribunal for Lebanon)

12. The Legitimacy Paradox of Self-Representation
Yuval Shany (Hebrew University)

13. Guilty without a Verdict: Bosniaks Perceptions of the Miloevi Trial
Safia Swimelar (Elon University)

14. The Hague Front in the Homeland War: Narratives of the Miloevi Trial in Croatia
Christopher K. Lamont (University of Groningen)

* * *

15. Another Report on the Banality of Evil: The Cultural Politics of the Miloevi Trial in Kosovo
Vjollca Krasniqi (University of Prishtina; University of Ljubljana)

16. Conversations with Miloevi: Two Meetings, Bloody Hands
Veton Surroi (KOHA Media Group)

* * *

17. Underwhelmed: Kosovar Albanians Reactions to the Miloevi Trial
Frances Trix (Indiana University)

18. Airing Crimes, Marginalizing Victims: Political Expectations and Transitional Justice in Kosovo
Denisa Kostovicova (London School of Economics and Political Science)

* * *

19. Framing the Trial of the Century: Influences of, and on, International Media
Klaus Bachmann (University of Social Sciences and HumanitiesWarsaw)

20. The Court and Public Opinion: Negotiating Tensions between Trial Process and Public Interest in Miloevi
Judith Armatta (Formerly Coalition for International Justice)

21. Dead Mans Tale: Deriving Narrative Authority from the Terminated Miloevi Trial
Timothy William Waters (Indiana University)

22. Beyond the Theater of International Justice: The Rule 98bis Decision in Miloevi
Jens Meierhenrich (London School of Economics and Political Science)

* * *

23. Can We Salvage a History of the Former Yugoslav Conflicts from the Miloevi Trial?
Christian Axboe Nielsen (Aarhus University)

24. Do Historians Need a Verdict?
Florian Bieber (University of Graz)

* * *

25. Body of Evidence: The Prosecutions Construction of Miloevi
Marko Prelec (International Crisis Group)

26. Miloevi and the Justice of Peace
Alexander K.A. Greenawalt (Pace University)

27. The Parting of Ways: Public Reckoning with the Recent Past in Post-Miloevi Serbia
Jasna Dragovi-Soso (Goldsmiths, University of London)

28. Antecedents to a Debate: Conflicts over the Transfer of Miloevi
Vesna Pei (Member of Parliament of the Republic of Serbia)

* * *

29. The Show and the Trial: The Political Death of Miloevi
Florian Bieber (University of Graz)

30. From Politics to Law, to Tedium, and Back

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