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Slobodan Milosevic

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Submitted By sportsbro44
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Pages 3
Todd Hansen
Professor Farrell
Comparative Criminal Justice
April 17, 2013
Slobodan Milosevic Case Slobodan Milosevic was the President of Serbia from 1989 to 1997 and then President of the Federal Republic of Yugoslavia from 1997 to 2000. He was charged by the International Criminal Tribunal for the former Yugoslavia, or the ICTY, on the basis of both individual and superior criminal responsibility with genocide, crimes against humanity, violations of the laws or customs of war and grave breaches of the 1949 Geneva Conventions. These crimes were allegedly committed in Kosovo, Bosnia and Herzegovina and Croatia during the war in former Yugoslavia. On September 26, 2002, the trial of Slobodan Milosevic before the International Criminal Tribunal for the Former Yugoslavia was put into affect. Milosevic began his journey to the Hague as a legal matter when, on May 24, 1999, the first of three indictments against him were handed down. The indictment, referred to as the Kosovo Indictment, charged Milosevic with the commission of war crimes and crimes against humanity for his role in the expulsion of more than eight hundred thousand ethnic Albanians from Kosovo, as well as the deaths of nine hundred others from 1998 to 1999. Milosevic's indictment was considered both legally and politically significant because it was the first indictment to be issued by an international court against a current head of state. In September 2000, Milosevic was voted out of office and relinquished his position as President of the Federal Republic of Yugoslavia. He was subsequently surrendered to the court on June 28, 2001 by Yugoslavian authorities after being given an international arrest warrant, and, although his rendition to the Tribunal was somewhat irregular, Milosevic’s arrest was generally well received by the international community. After Milosevic's transfer to the ICTY, he was accused of two additional indictments that are the basis of the Prosecutor's current case. This included the Croatia Indictment, which was issued on October 8, 2001 and charged Milosevic with the commission of crimes against humanity and war crimes during the period 1991 to 1992. He was accused of participating in the forcible removal of the majority of the Croatian and other non-Serbian population from the territory of the Republic of Croatia that he planned to make into a part of a new Serbian dominated state. Next was the Bosnia Indictment, which was issued a few weeks later on November 22, 2001. This alleged that Milosevic had direct and command responsibility for crimes committed in Bosnia-Herzogovina during the Bosnian war. In particular, the Bosnia indictment charged him with participation in a joint criminal enterprise to forcibly remove the majority of Bosnian Muslims and Bosnian Croatians, from large areas of Bosnia and Herzogovina. Importantly, it is the only one of the three indictments that charges Milosevic with the crime of genocide. During the Milosevic trial, it seemed that, although there was clear evidence against him, he had a lot of people that supported his plea for innocence. This allowed him to be able to defend himself in the case. Even though the outcome of the trial ended up being much closer then expected, there was never any verdict found as Slobodan Milosevic was found dead in his cell on March 11, 2006. This case highly impacts the study of comparative criminal justice systems because of the charges that were brought upon the accused man. Because Slobodan Milosevic was charged with crimes against humanity and war crimes, the trial went from local to international and was brought to an international court where he could be judged by the whole world. This relates to the comparative criminal justice study of international crime and the international courts system, and it shows a prime example of why international courts, such as the ICTY, are used and why they are so important in cases similar to this one. Without international courts, it seems, we would have really no fair way of finding punishments in times of crimes that are past the point of just affecting one nation, but actually affects nations all over the world.

Sources
www.icty.org/case/slobodan_milosevic/4

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