The Milošević Trial: Purpose and Performance

2004 ◽  
Vol 32 (4) ◽  
pp. 897-919 ◽  
Author(s):  
James Gow ◽  
Ivan Zveržhanovski
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
Raw Material ◽  
Judicial Process ◽  
Historical Interpretation ◽  
Head Of State ◽  
The Hague ◽  
And Performance ◽  
Historical Truth

The trial of former Yugoslav President Slobodan Milošević before the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague is a vehicle both for achieving justice and for pursuing historical truth. At this first-ever trial of a former head of state before an international tribunal, the same evidence serves two purposes: the quests for “truth” by those involved in the judicial process, on one side, and those engaged in academic historical interpretation, on the other. In each sphere, there are expectations to be satisfied. Those of the peoples of Serbia and the other former Yugoslav lands, international governmental and non-governmental actors, and observers are all different from each other; and they are all distinct from the viewpoint of future students of history. The two frameworks for truth are neither necessarily competitive nor complementary, and the tests of their validity may differ. But the raw material they use may be identical and the outcome of each may be parallel and consistent. And the two varieties of truth may reinforce one another in the quest to restore peace and security, to establish justice, and to compile a broadly accepted account of contentious, awful events.

scholarly journals Truth and reconciliation: Yes, please! No, thank you!

Temida ◽  
2002 ◽  
Vol 5 (4) ◽  
pp. 19-21 ◽  
Author(s):  
Vesna Kesic
Keyword(s):  
South Africa ◽  
Latin America ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
International Conflicts ◽  
Truth And Reconciliation ◽  
Post Conflict ◽  
The World ◽  
The Hague

The case of former Yugoslavia and its successors is specific and a bit different from the other post-conflict societies. First, retributive model of justice is carried out, or it should be carried out, before the International Criminal Tribunal in the Hague. The question is how to start the process of searching for the truth and reconciliation inside and between societies, groups and individuals in newly established countries. There is no such a model in the world, like these in South Africa and some countries in Latin America, which can be applied here, because in this case we are talking about five states, from which at least three were in the war. Also, the character of these conflicts covers the diapason from international conflicts to internal aggression and civil war.

scholarly journals The Srebrenica Genocide: Seventeen Years After

ICR Journal ◽  
2012 ◽  
Vol 3 (3) ◽  
pp. 583-585
Author(s):  
Senad Mrahorovic
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
The Other ◽  
The People ◽  
The Hague ◽  
The Republic ◽  
In The Beginning ◽  
Republika Srpska

In the beginning of 2012, the people of Bosnia and Herzegovina have once again witnessed disturbing events in the Bosnian entity known as Republika Srpska. Several distinguished personalities were awarded the highest decoration, including Boris Tadic, the current president of the Republic of Serbia. With this award, President Tadic has been added to the list of people who previously have received the same decoration, such as Radovan Karadzic, Ratko Mladic, Slobodan Milosevic and others who were indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for charges of genocide and other war crimes committed during the war in Bosnia and Herzegovina in the early 1990s. While the trial of Milosevic lasted for almost two years, it did not end, however, owing to his sudden death. The other two figures namely, Karadzic and Mladic, are currently being tried in The Hague by the ICTY.

International Criminal Tribunal for the Former Yugoslavia (ICTY) (Trial Chamber): Prosecutor v. Milošć (Decision Concerning an Amicus Curiae)

2002 ◽  
Vol 41 (6) ◽  
pp. 1344-1346
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
List Type ◽  
Relevant Factor ◽  
Amicus Curiae ◽  
The Face ◽  
The Hague

The accused has complained about publications in two newspapers. The first was published on the 7th of September, 2002 in the Haagsche Courant, a Dutch newspaper in The Hague, and the second on the 13th September, 2002 in the Kultura, a Bulgarian newspaper in Sofia, Bulgaria. Both publications resulted from interviews given by Mr. Michail Wladimiroff, one of the three amici curiae in this case.The publication in the Haagsche Courant was captioned: “Wladimiroff: Already Enough Evidence Against Milosevic.” Mr. Wladimiroff is reported as saying, “If this trial were only about Kosovo and one had to draw up the balance now, Milosevic would certainly be convicted. A link has been established between the army and the police, the warring parties in Kosovo and Milosevic himself.”Mr. Wladimiroff explained that he had been misquoted, and that what he had said was that “we have seen during the Prosecution case at least on the face of it, there is a link between the offences in Kosovo and the accused. That may not be for all events, but even if it were half of it, it is a relevant factor for the Trial Chamber when reaching a verdict.”

Appeal may reject UN tribunal's Yugoslav acquittal

2016 ◽  
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Political Instability ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
Prison Sentence ◽  
Content Type ◽  
Post Conflict ◽  
The Hague

Significance The verdict runs counter to 20 years of jurisprudence and history at the International Criminal Tribunal for the former Yugoslavia (ICTY). It undermines the idea of using international criminal justice to assist in post-conflict reconstruction and reconciliation. It has caused disbelief, disappointment and anger in Croatia and Bosnia, especially among victims, and generated political instability in Serbia. Impacts The controversial judgment will further discredit the ICTY and the very idea of international criminal justice in the eyes of critics. It followed Karadzic's 40-year prison sentence, which has dismayed victims and observers expecting a harsher sentence. Despite working towards closure in 2017, the ICTY is very likely to grant an appeal. However, Seselj himself is unlikely to reappear in The Hague voluntarily.

Agreement between the International Criminal Tribunal for the former Yugoslavia and the ICRC on procedures for visiting persons held on the authority of the Tribunal

1996 ◽  
Vol 36 (311) ◽  
pp. 238-242
Keyword(s):  
The Netherlands ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
The Hague ◽  
First Time

On 5 September 1995, three ICRC delegates, including a doctor and an interpreter, visited the only person being held at the time on the authority of the International Criminal Tribunal for the former Yugoslavia in The Hague.1 Since then, another visit has taken place during which this detainee was seen again and two others were visited for the first time. The detainees are being held in a prison in the Netherlands, in a wing set aside for the Tribunal and specially converted to house people detained on its authority.

The Legitimacy of International Criminal Tribunals and the Current Prospects of International Criminal Justice

2012 ◽  
Vol 25 (2) ◽  
pp. 491-501 ◽  
Author(s):  
ANTONIO CASSESE
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
The Other ◽  
International Criminal Justice ◽  
Criminal Courts ◽  
Complex Concept ◽  
International Criminal Tribunals

AbstractHaving identified the differences between the concept of legality and the much more complex concept of legitimacy, the author scrutinizes the legality and the legitimacy of the existing international criminal tribunals. Their legality has been put in doubt only concerning the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Tribunal for Lebanon (STL), but the criticisms have been or could be overcome. Assessing the legitimacy of these tribunals is instead a more difficult task. In fact, misgivings have been voiced essentially concerning the legitimacy of the ICTY and the STL, but not the International Criminal Court (ICC) and the other international criminal courts. The legitimacy of the STL in particular deserves to be discussed: even assuming that the STL initially lacked some forms of legitimacy, it could achieve it – or confirm it – through its ‘performance legitimacy’. The author then suggests what the realistic prospects for international criminal justice are. Convinced as he is that it is destined to flourish even more, he tries to identify the paths it is likely to take in future years.

The Power of the Beaten Path

2018 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
Head Of State ◽  
The Creation ◽  
Paris Peace Conference

The introductory chapter explains contemporary interest in legal developments a century ago. Discussions and decisions at the Paris Peace Conference in 1919 were the beginning of debates that continue to this day. The chapter looks in some detail at the criminality of starting a war, today known as the crime of aggression, the immunity that can be invoked by a Head of State like the Kaiser, and problems of attributing criminal responsibility to those who are not physically involved in the crime. It also addresses the creation of international criminal tribunals, which began with the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

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