The Milosevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings

by Gideon Boas

Overview

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 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.

Product Details

ISBN-13:	9780521876995
Publisher:	Cambridge University Press
Publication date:	09/06/2007
Pages:	328
Product dimensions:	6.26(w) x 9.29(h) x 0.91(d)

About the Author

Gideon Boas was the senior legal advisor to the Chamber on the Milo∫evic case. He is now a Senior Fellow at the Asia Pacific Centre for Military Law, University of Melbourne, a Sessional Lecturer at Monash University, and a Senior Consultant at Potter Farrelly and Associates.

Table of Contents

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

Editorial Reviews

"A product of considerable scholarship...distills important lessons for the conduct of international criminal trials..."
—James Upcher, Australian Book Review


"This is a definitive appraisal of the Milosevic trial and the future of international war crimes proceedings...Every war crimes tribunal prosecutor, defense counsel, and judge should have a copy of Dr. Boas's book on his or her desk, as it is essential reading for those involved in complex international criminal trials."
—Michael P. Scharf, Professor of Law, Case Western Reserve University, School of Law


"[...] The recent transfer of Radovan Karadzic to the ICTY and his forthcoming trial there make boas's book especially relevant and important. The Milošević Trial will interest anyone concerned with management of complex litigation in international criminal proceedings. [...] The author succinctly summarizes the trial's procedural history, [...] As valuable as this history is, however, what makes it so important are the conclusions that boas reaches and his recommendations for change, as well as the rich range of materials that he draws upon in reaching those conclusions. [...] Boas has, in effect, written two books in one. The first is a concise, critical, insider's story of the Milošević case. [...] The second book is more interesting of the two. By applying the lessons learned from the Milošević case, Boas makes compelling arguments for improving the way that complex international criminal proceedings are conducted. His ideas are, for the most part, well supported by examples from the ICTY. Anyone working in (or simply interested in) the rapidly growing field of international criminal law will find many thoughtful suggestions here."
—Daryl A. Mundis, Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia, The American Journal of International Law


"...The Milošević Trial provides an excellent elaboration of the procedural parameters within which prosecutorial and judicial decisions must be made, and provides compelling analysis on the fairness and expeditiousness of various options. Boas draws on a deep and expansive knowledge of international criminal procedure, and for international criminal lawyers and judges the book is a valuable resource..."
The Yale Journal of International Law

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