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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: 18 October 2021

Difficulties for the Participants

Difficulties for the Participants

Indictment Correct, Trial Impossible

(p.136) 9 Difficulties for the Participants
The Milošević Trial

Carla Del Ponte

Oxford University Press

This chapter examines the difficulties faced by the participants in the trial: judges, prosecutors, and defendant. The obstacles confronted by judges include the hybrid rules of procedure, their inexperience, their exaggerated tolerance of Milošević's behavior, and their passivity. Prosecutors made strategic errors and encountered obstacles that either lengthened the trial or weakened their case. Their “Kosovo-first” strategy did both these things, whereas their inability to develop a more assertive strategy on adjudicated facts, better manage witnesses and lengthy accusations, or win greater rights during the examination of witnesses are examples of missed procedural opportunities to shorten the trial. Milošević's behavior in the courtroom also lengthened the trial. The Chamber's recognition of his right of self-defense gave him the freedom to raise an overtly political defense. He managed to attack witnesses and cross-examine them in a way that hampered their credibility. But perhaps the most problematic difficulty connected with the Accused was his ill health, which constantly delayed the trial and ultimately contributed to its termination.

Keywords:   criminal trials, war crimes, Slobodan Milošević, self-defense, judges, prosecutors, defendant

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