The Miloševi? Trial
Lessons for the Conduct of Complex International Criminal Proceedings

This book examines what lessons can be learnt from the Milo?evic trial.

Gideon Boas (Author)

9780521700399, Cambridge University Press

Paperback, published 6 September 2007

326 pages
22.9 x 15.2 x 1.7 cm, 0.44 kg

'… deserves to be read and learned from as a thoughtful and remarkable account of one of the most important cases in recent international criminal legal history.' International Criminal Law Review

When Slobodan Miloševi? 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 Miloševi? 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.

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 Miloševi? - Getting Off on the Wrong Foot: 5. Content and scope of the Miloševi? indictments
6. Pleading practice and problems with the Miloševi? 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 Miloševi? Case: 13. Self-representation in international criminal law - limitations and qualifications on that right
14. Resources and facilities available to Miloševi?
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 Miloševi?: the future of complex international criminal trials.

Subject Areas: Public international law [LBB]