Full Description
When Slobodan Milošević died in the United Nations Detention Unit in The Hague over four years after his trial had begun, many feared - and some hoped - that international criminal justice was experiencing some sort of death itself. Yet the Milošević case, the first trial of a former head of state by a truly international criminal tribunal and one of the most complex and lengthy war crimes trials in history, stands for much in the development and the future of international criminal justice, both politically and legally. This book, written by the senior legal advisor working for the Trial Chamber, analyses the trial to determine what lessons can be learnt that will improve the fair and expeditious conduct of complex international criminal proceedings brought against former heads of state and senior political and military officials, and develops reforms for the future achievement of best practice in international criminal law.
Contents
Introduction; Part I. Fair and Expeditious International Criminal Trials: 1. Introduction; 2. Fair trial rights; 3. Expeditious trials; 4. Application and interpretation of human rights by the ICTY; Part II. The Prosecution Case in Milošević - Getting Off on the Wrong Foot: 5. Content and scope of the Milošević indictments; 6. Pleading practice and problems with the Milošević indictments; 7. Joinder of the Milo∫evic indictments; 8. Rule 98bis (judgement of acquittal) decision; 9. Conclusion; Part III. Case Management Challenges in the Milo∫evic Trial: 10. Managing the Milo∫evic case; 11. Case management principles in national and international criminal law; 12. Conclusion; Part IV. Representation and Resource Issues in the Milošević Case: 13. Self-representation in international criminal law - limitations and qualifications on that right; 14. Resources and facilities available to Milošević; 15. Conclusion; Part V. Conclusions: 16. The prosecution case must be focused, comprehensible and manageable; 17. The future of case management in complex international criminal law cases; 18. Managing resource and representation issues in complex international criminal law cases; 19. The need for a new appellate jurisdiction for international criminal law; 20. After Milošević: the future of complex international criminal trials.
