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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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Joinder, Fairness, and the Goals of International Criminal Justice

Joinder, Fairness, and the Goals of International Criminal Justice

Chapter:
(p.120) 8 Joinder, Fairness, and the Goals of International Criminal Justice
Source:
The Milošević Trial
Author(s):

Frédéric Mégret

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199795840.003.0008

This chapter examines the rationales for joinder raised in the Milošević case. It considers the perspectives of both the prosecution and the defense, and then turns to why joinder might have made sense at a deeper level from the point of view of international criminal justice. It shows that there is no absolute or a priori reason that joinder should have been either desirable or undesirable from the point of view of defense or prosecution. Ultimately, the test for joinder should be based on an overarching attention to the goals of international criminal justice, including its potential to produce a comprehensive accounting of the events in which an accused was involved.

Keywords:   criminal trials, war crimes, joined trials, Slobodan Milošević, international criminal justice

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