- Title Pages
- Preface: A Trial Terminated
- A Note on How To Read This Book
- Topical Index
- Part One Vital Signs: The <i>Milošević</i> Trial and Its Context—A Foundational Primer
- 1 The Context, Contested
- 2 The Forum
- 3 The Man on Trial
- 4 The Trial
- Part Two Causes of Death
- 5 Real Justice, in Time
- 6 Real Justice or <i>Realpolitik</i>? The Delayed Indictment of Milošević
- 7 Slow Poison
- 8 Joinder, Fairness, and the Goals of International Criminal Justice
- 9 Difficulties for the Participants
- 10 Outside the Internal Dynamics of the Prosecution
- 11 In the Shadow of Nonrecognition
- 12 The Legitimacy Paradox of Self-Representation
- Part Three Reporting the Demise
- 13 Guilty without a Verdict
- 14 The Hague Front in the Homeland War
- 15 Another Report on the Banality of Evil
- 16 Conversations with Milošević
- 17 Underwhelmed
- 18 Airing Crimes, Marginalizing Victims
- 19 Framing the Trial of the Century
- 20 The Court and Public Opinion
- Part Four Final Examination
- 21 Dead Man’s Tale
- 22 Beyond the Theater of International Justice
- 23 Can We Salvage a History of the Former Yugoslav Conflicts from the <i>Milošević</i> Trial?
- 24 Do Historians Need a Verdict?
- 25 Body of Evidence
- 26 <i>Milošević</i> and the Justice of Peace
- Part Five Disposing of the Body
- 27 The Parting of Ways
- 28 Antecedents to a Debate
- 29 The Show and the Trial
- 30 From Politics to Law, to Tedium, and Back
- Part Six Reanimation: Designing Trials and Doing Justice after <i>Milošević</i>
- 31 Two Sides of the Same Coin?
- 32 Ambiguous Choices in the Trials of Milošević’s Serbia
- 33 Abdicated Legacy
- 34 The Spider and the System
- Part Seven Biopsy: THE LEGACIES OF MILOŠEVIĆ
- Time Line with Chronological Index: The <i>Milošević</i> Trial in Context
- Author Biographies
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
- 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.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.