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The Milošević TrialAn Autopsy$
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Timothy Waters

Print publication date: 2014

Print ISBN-13: 9780199795840

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199795840.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Two Sides of the Same Coin?

Two Sides of the Same Coin?

Judging Milošević and Serbia before the ICTY and ICJ

(p.441) 31 Two Sides of the Same Coin?
The Milošević Trial

Yuval Shany

Oxford University Press

This chapter examines some of the coordination problems arising from the parallel prosecution of Milošević before the ICTY and the inter-state cases before the ICJ between Bosnia and Serbia. The first part surveys the bifurcated and ultimately inconsistent nature of the legal rules governing the attribution of responsibility to the state and those rules that require the investigation and punishment of individual perpetrators of international crimes. The second part discusses three interactions between individual criminal responsibility and state responsibility proceedings that the Milošević/Bosnian Genocide cases have given rise to: the decision of the Serbian government to transfer Milošević to the Tribunal; the decision by the FRY, and later Serbia, to make its Supreme Defense Council documents available in their entirety to the ICTY but not to the ICJ; and the degree of reliance by the ICJ on evidence presented in the Milošević proceedings, including the Trial Chamber's 2004 Rule 98bis decision on the Amici Curiae's motion for a judgment of acquittal.

Keywords:   criminal trials, parallel prosecutions, Slobodan Milošević, Bosnia, Serbia, International Court of Justice, criminal responsibility, state responsiblity

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