The Milosevic Trial: An Autopsy

ISBN : 9780190270780

Timothy Waters
704 ページ
182 x 254 mm

The Milosevic Trial - An Autopsy provides a cross-disciplinary examination of one of the most controversial war crimes trials of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. The international trial of Slobodan Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milosevic Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.


Topical Index
Forward: A Trial Terminated
A Note on Reading This Book
I. Vital Signs: The Milosevic Trial in Its Context
1. The Context, Contested: Histories of Yugoslavia and its Violent Dissolution
2. The Forum: The International Criminal Tribunal for the Former Yugoslavia
3. The Man on Trial: Slobodan Milosevic
4. IT-02-54, Prosecutor v. Slobodan Milosevic
II. Causes of Death
5. Real Justice, in Time: The Initial Indictment of Milosevic
Clint Williamson (Chief Prosecutor for the EU Special Investigative Task Force)
6. Real Justice or Realpolitik? The Delayed Indictment of Milosevic
Cherif Bassiouni (DePaul University)
7. Slow Poison: Joinder and the Death of Milosevic
Gideon Boas (Monash University)
8. Joinder, Fairness and the Goals of International Criminal Justice
Frederic Megret (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 Non-Recognition: Milosevic and the Self-Represented Accused's Right to Justice
Evelyn Anoya (Special Tribunal for Lebanon)
12. The Legitimacy Paradox of Self-Representation
Yuval Shany (Hebrew University)
III. Reporting the Demise
13. Guilty without a Verdict: Bosniaks' Perceptions of the Milosevic Trial
Safia Swimelar (Elon University)
14. The Hague Front in the Homeland War: Narratives of the Milosevic Trial in Croatia
Christopher K. Lamont (University of Groningen)
15. Another Report on the Banality of Evil: The Cultural Politics of the Milosevic Trial in Kosovo
Vjollca Krasniqi (University of Prishtina
University of Ljubljana)
16. Conversations with Milosevic: Two Meetings, Bloody Hands
Veton Surroi (KOHA Media Group)
17. Underwhelmed: Kosovar Albanians' Reactions to the Milosevic Trial
Frances Trix (Indiana University)
18. Airing Crimes, Marginalizing Victims: Political Expectations and Transitional Justice in Kosovo
Denisa Kostovicova (London School of Economics)
19. Framing the Trial of the Century: Influences of, and on, International Media
Klaus Bachmann (Warsaw School of Social Sciences and Humanities)
20. The Court and Public Opinion: Negotiating Tensions between Trial Process and Public Interest in Milosevic
Judith Armatta (Formerly Coalition for International Justice)
Maps and Photos
IV. Final Examination
21. Dead Man's Tale: Deriving Narrative Authority from the Terminated Milosevic Trial
Timothy Waters (Indiana University)
22. Beyond the Theater of International Justice: The Rule 98bis Decision in Milosevic
Jens Meierhenrich (London School of Economics)
23. Can We Salvage a History of Yugoslav Conflicts from the Milosevic Trial?
Christian Axboe Nielsen (Aarhus University)
24. Do Historians Need a Verdict?
Florian Bieber (Karl-Franzens Universitat Graz)
25. Body of Evidence: The Prosecution's Construction of Milosevic
Marko Prelec (International Crisis Group)
26. Milosevic and the Justice of Peace
Alexander K.A. Greenawalt (Pace University)
V. Disposing of the Body
27. The Parting of Ways: Public Reckoning with the Recent Past in Post-Milosevic Serbia
Jasna Dragovic-Soso (Goldsmiths)
28. Antecedents to a Debate: Conflicts over the Transfer of Milosevic
Vesna Pesic (Member of Parliament, Serbia)
29. The Show and the Trial: The Political Death of Milosevic
Florian Bieber (Karl-Franzens Universitat Graz)
30. From Politics to Law, to Tedium, and Back
Mark Drumbl (Washington & Lee University)
VI. Reanimation: Designing Trials and Doing Justice after Two Sides of the Same Coin? Judging Milosevic and Serbia before the ICTY and ICJ
Yuval Shany (Hebrew University)
32. Ambiguous Choices in the Trials of Milosevic's Serbia
Tibor Varady (Central European University
Emory University)
33. Abdicated Legacy: The Prosecution's Use of Evidence from Milosevic
Florence Hartmann (Formerly Office of the Prosecutor, ICTY)
34. The Spider and the System: Milosevic and Joint Criminal Enterprise
Harmen van der Wilt (University of Amsterdam)
VII. Biopsy: Legacies of Milosevic
Timeline with Chronological Index
Author Biographies and Acknowledgments


Timothy William Waters is Professor of Law at Indiana University Maurer School of Law, where he teaches international and comparative law. He earned a BA from UCLA, a Masters in international affairs from Columbia, and a JD from Harvard. Professor Waters previously worked at the ICTY, where he helped draft the Kosovo indictment of Milosevic. He has also worked with the Open Society Institute, Human Rights Watch, and the Organization for Security and Cooperation in Europe on issues relating to the former Yugoslavia. He regularly contributes commentary to major print and online media, including the New York Times and Foreign Policy, and is a member of the advisory board of Nationalities Papers.