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Foreword Geoffrey Robertson QC xii
Preface xvii
Introduction 1
The purpose and content of this book 2
The structure of this book 5
The context of this book 9
Fair and Expeditious International Criminal Trials 13
Introduction 13
Fair-trial rights 15
Requirement that the proceedings be public 21
Adequate time and facilities to prepare a defence 27
Trial without undue delay 29
Equality of arms 32
The right to confront witnesses 43
Written evidence in lieu of oral testimony 47
Admission of adjudicated facts 50
The right to counsel and to self-representation 53
Defence counsel representation in international criminal courts and tribunals 55
Self-representation 57
Standby counsel 61
Imposition of counsel 63
Expeditious trials 63
Application and interpretation of human rights by the ICTY 69
The Milosevic Prosecution Case - Getting Off on the Wrong Foot 79
Content and scope of the Milosevic indictments 80
The Kosovo indictment 81
The prosecution case concerning Kosovo 81
The Croatia and Bosnia indictments 83
The prosecution case concerning Croatia and Bosnia 84
The context in which the crimes were committed 84
Executing the plan 86
The scope of the charges 88
Milosevic's role and responsibility 88
The prosecution case on 'Greater Serbia' 90
Pleading practice and problems with the Milosevic indictments 92
The form of the indictment 93
Review of indictments 95
Analysis of the Milosevic indictments 96
The Kosovo indictment 96
The first Lazarevic Decision on the form of the indictment 97
Defects in the form of the Milosevic Kosovo indictment 104
Defects in the form of the Croatia and Bosnia indictments 107
Conclusion on the defects in the three indictments 108
Joinder of the Milosevic indictments 115
Joinder application before the Trial Chamber 115
Joinder application on Appeal 118
Rule 98bis (judgement of acquittal) decision 121
Did Milosevic intend to commit genocide? 123
Dismissal of numerous allegations in Croatia and Bosnia indictments 126
Conclusion 127
Conclusion 128
Case Management Challenges in the Milosevic Trial 131
Managing the Milosevic case 133
The prosecution case 133
Scope of the prosecution case 133
Trial Chamber's management of the prosecution case 142
The defence case 153
Conduct of the defence case 153
Trial Chamber's management of the defence case 155
Consideration by the Trial Chamber of more radical case management approaches 163
Severance of one or more indictments 163
Case management principles in national and international criminal law 170
Case management in common law systems 171
Caseflow management or differential case management 172
Individual case management 174
The willingness and capacity of judges to manage cases 176
Case management in civil law systems 178
Germany 179
Belgium 180
France 181
Case management in international criminal law 181
The framework for best case management practice in international criminal law 182
Case management at the ICTY 188
Case management regulations at the ICTY 189
Learning from the Milosevic case 193
The Oric case 194
The Prlic case 195
The Milutinovic et al. case 197
Conclusion 199
Representation and Resource Issues in International Criminal Law 205
Self-representation in international criminal law - limitations and qualifications on that right 206
The Milosevic Decisions - defining the limits of the right to self-representation 208
Early history 208
Milosevic - First Reasoned Decision of 4 April 2003 209
Removing the right to self-representation 211
Health of the Accused 211
Second Reasoned Decision of 22 September 2004 213
Appeals Chamber Decision of 1 November 2004 218
Self-representation issues arising in other international criminal courts and tribunals 222
The Special Court for Sierra Leone 222
The Norman Decision 222
The Gbao Decision 224
The ICTR 226
The Barayagwiza Decision 226
The Ntahobali Decision 227
The ICTY 228
The First Seselj Decision 228
The Second Seselj Decision 230
The First Appeals Chamber Seselj Decision 232
The Second Appeals Chamber Seselj Decision 233
Self-representation in the Krajisnik case 236
The Supreme Iraqi Criminal Tribunal (SICT) 238
Practical difficulties of imposing counsel on uncooperative accused 239
Resources and facilities available to Milosevic 245
The use of amid curiae in international criminal law 246
The role of amicus curiae in international criminal law 246
Definition 246
Amicus curiae in the ICTY and ICTR 246
Amicus curiae in the Special Court for Sierra Leone 249
Amicus curiae in the International Criminal Court 250
Conclusion 251
Role of amici curiae in the Milosevic case 251
Actual assistance provided to the accused by the amici curiae 254
The future for the innovative use of amicus curiae in complex international criminal trials 256
The provision of 'legal associates' in the Milosevic trial 258
Resource issues in international criminal trials - Milosevic and other senior-level accused 260
Concluding comments on resource issues and the equality of arms 263
Conclusion 265
Conclusions 271
The prosecution case must be focused, comprehensible and manageable 275
The future of case management in complex international criminal law cases 279
Managing resource and representation issues in complex international criminal law cases 284
The outdated common law/civil law divide: time for international criminal law to evolve 286
The need to consider a new appellate jurisdiction for international criminal law 288
After Milosevic: the future of complex international criminal trials 291
Index 294
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Susanne van Zuijlen
reviewed The Miloevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings on November 07, 2007
The Miloevic Trial
At long last, I have finished this tome. I read the chapters out of sync, and not all of them, when I was enrolled in the genocide class at NYU. Not all of the chapters were assigned reading, but the book was so absorbing from what I did read, that I thought it would be worth finishing as time permitted.
I didn't know what to expect from taking a class on this topic, but the biggest surprise was that in studying it, I tended to learn the background history of each nation I studied. It has also greatly influenced how I examine and analyze current events, such as those taking place in Syria. As such, here are two quotes from the book, on page 452, which I think are relevant to the Syrian Crisis:
"New wars feature a profusion of actors and agents, often making it difficult to determine who is doing what to whom."
"To lend moral and political legitimacy to activities usually fueled by greed and power lust, new-war actors often play up ethnic and particularist identities. Campaigns of persecution against national and ethnic groups, including genocide, become a standard modus operandi."
The author's book covers every possible aspect of genocide, including the research and discussion of aspects that one might not associate with the topic. It is not speed reading, but it is thorough and the reader will wind up researching the myriad sources quoted, to learn more about the history of a country, and more about the persons involved, whether they perpetuate, or resolve, the heinous actions of genocide.
I cannot say that this is a pleasant topic to study. There were times I had to close the book, or put it down, because I cried. However, after studying this topic, I can definitely say that it shaped and changed my outlook on studying international relations. I have a much more compassionate heart than I would have, before reading this book - and - much more of a heart for people who are internally displaced or suffering from a lack of access to food, water, medical supplies, a bed to sleep in, and peace of mind.
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Add The Miloevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings, 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 Miloevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings to the inventory that you are selling on WonderClubX
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Add The Miloevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings, 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 Miloevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings to your collection on WonderClub |
