22 décembre 2013

OUVRAGE : T.W. Waters (ed.), The Milosevic Trial: An Autopsy

Kadidiatou HAMA

The Milosevic Trial - An Autopsy provides a cross-disciplinary examination of the most controversial war crimes trial of the modern era and its contested legacy for the growing fields of international criminal law and post-conflict justice. 

The international trial of Slobodan Milosevic, who presided over the violent collapse of Yugoslavia - was already among the longest war crimes trials when Milosevic died in 2006. Yet precisely because it ended without judgment, its significance and legacy are specially contested. The contributors to this volume, including trial participants, area specialists, and international law scholars bring a variety of perspectives as they examine the meaning of the trial's termination and its implications for post-conflict justice. The book's approach is intensively cross-disciplinary, weighing the implications for law, politics, and society that modern war crimes trials create. 

The time for such an examination is fitting, with the imminent closing of the Yugoslav war crimes tribunal and rising debates over its legacy, as well as the 20th anniversary of the outbreak of the Yugoslav conflict. The Milosevic Trial - An Autopsy brings thought-provoking insights into the impact of war crimes trials on post-conflict justice.

Topical Index
Forward: A Trial Terminated
A Note on Reading This Book
I. Vital Signs: The Milosevic Trial in Its Context
1. The Context, Contested: Histories of Yugoslavia and its Violent Dissolution
2. The Forum: The International Criminal Tribunal for the Former Yugoslavia
3. The Man on Trial: Slobodan Milosevic
4. IT-02-54, Prosecutor v. Slobodan Milosevic
II. Causes of Death
5. Real Justice, in Time: The Initial Indictment of Milosevic
Clint Williamson (Chief Prosecutor for the EU Special Investigative Task Force)

6. Real Justice or Realpolitik? The Delayed Indictment of Milosevic
Cherif Bassiouni (DePaul University)

7. Slow Poison: Joinder and the Death of Milosevic
Gideon Boas (Monash University)

8. Joinder, Fairness and the Goals of International Criminal Justice
Frédéric Mégret (McGill University)

9. Difficulties for the Participants: Indictment Correct, Trial Impossible
Carla Del Ponte (Former Chief Prosecutor, ICTY and ICTR)

10. Outside the Internal Dynamics of the Prosecution
Kelly Dawn Askin (Open Society Justice Initiative) 
11. In the Shadow of Non-Recognition: Milosevic and the Self-Represented Accused's Right to Justice
Evelyn Anoya (Special Tribunal for Lebanon)

12. The Legitimacy Paradox of Self-Representation
Yuval Shany (Hebrew University)
III. Reporting the Demise
13. Guilty without a Verdict: Bosniaks' Perceptions of the Milosevic Trial
Safia Swimelar (Elon University)

14. The Hague Front in the Homeland War: Narratives of the Milosevic Trial in Croatia
Christopher K. Lamont (University of Groningen)

15. Another Report on the Banality of Evil: The Cultural Politics of the Milosevic Trial in Kosovo
Vjollca Krasniqi (University of Prishtina; University of Ljubljana)

16. Conversations with Milosevic: Two Meetings, Bloody Hands
Veton Surroi (KOHA Media Group) 
17. Underwhelmed: Kosovar Albanians' Reactions to the Milosevic Trial
Frances Trix (Indiana University)

18. Airing Crimes, Marginalizing Victims: Political Expectations and Transitional Justice in Kosovo
Denisa Kostovicova (London School of Economics)
19. Framing the Trial of the Century: Influences of, and on, International Media
Klaus Bachmann (Warsaw School of Social Sciences and Humanities)

20. The Court and Public Opinion: Negotiating Tensions between Trial Process and Public Interest in Milosevic
Judith Armatta (Formerly Coalition for International Justice)

Maps and Photos
IV. Final Examination
21. Dead Man's Tale: Deriving Narrative Authority from the Terminated Milosevic Trial
Timothy Waters (Indiana University)

22. Beyond the Theater of International Justice: The Rule 98bis Decision in Milosevic
Jens Meierhenrich (London School of Economics)

23. Can We Salvage a History of the Yugoslav Conflicts from the Milosevic Trial?
Christian Axboe Nielsen (Aarhus University)

24. Do Historians Need a Verdict?
Florian Bieber (Karl-Franzens Universität Graz)

25. Body of Evidence: The Prosecution's Construction of Milosevic
Marko Prelec (International Crisis Group)

26. Milosevic and the Justice of Peace
Alexander K.A. Greenawalt (Pace University)
V. Disposing of the Body
27. The Parting of Ways: Public Reckoning with the Recent Past in Post-Milosevic Serbia
Jasna Dragovic-Soso (Goldsmiths)

28. Antecedents to a Debate: Conflicts over the Transfer of Milosevic
Vesna Pesic (Member of Parliament, Serbia) 
29. The Show and the Trial: The Political Death of Milosevic
Florian Bieber (Karl-Franzens Universität Graz)

30. From Politics to Law, to Tedium, and Back
Mark Drumbl (Washington & Lee University)

VI. Reanimation: Designing Trials and Doing Justice after Milosevic

31. Two Sides of the Same Coin? Judging Milosevic and Serbia before the ICTY and ICJ
Yuval Shany (Hebrew University)

32. Ambiguous Choices in the Trials of Milosevic's Serbia
Tibor Várady (Central European University; Emory University)
33. Abdicated Legacy: The Prosecution's Use of Evidence from Milosevic
Florence Hartmann (Formerly Office of the Prosecutor, ICTY)

34. The Spider and the System: Milosevic and Joint Criminal Enterprise
Harmen van der Wilt (University of Amsterdam)

VII. Biopsy: Legacies of Milosevic

Timeline with Chronological Index
Author Biographies and Acknowledgments
Cover for 
The Milosevic Trial

Timothy William WATERS, The Milosevic Trial: An Autopsy, Oxford University Press, 2013 (696 pp.)

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