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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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The Spider and the System

The Spider and the System

Milošević and Joint Criminal Enterprise

Chapter:
(p.484) 34 The Spider and the System
Source:
The Milošević Trial
Author(s):

Harmen van der Wilt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199795840.003.0034

This chapter examines the Prosecution's use of the doctrine of joint criminal enterprise (JCE) to hold Milošević responsible for genocide. The choice of JCE relaxed the burden on the Prosecution to prove that Milošević harbored a special intent to destroy a group in whole or in part; under JCE, simple knowledge could suffice. However, the use of JCE thwarted the Prosecution's previous efforts to portray Milošević as the spider at the center of the web, who acted in concert with the Bosnian Serb leadership to plan, prepare, and orchestrate atrocities.

Keywords:   criminal trials, Prosecution, joint criminal enterprise, genocide, war crimes, Slobodan Milošević

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