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Understanding the Miloševic Case: Legacy of an Unfinished Trial

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Chapter Summary

This chapter addresses the question: what is the value of the record left by a trial that never came to conclusion? The expectations of the Slobodan Milo?evic trial, for justice and accountability, were never met. His guilt was never formally established in the court and, in a legal sense, he died an innocent man. The chapter argues that mass atrocities trials have not only a legal, but also an extralegal function purpose. It also argues that the trial record of Milo?evic should not be used to ascertain a fixed view on the history of the causes and nature of recent wars, or on his guilt or innocence. The trial record shows that there is an overlap between legal, political, and historical responsibility, and although Milo?evic's legal responsibility will never be determined, the trial record provides material which can aid in understanding of the extent of his political and historical responsibility.

Keywords:historical responsibility; legalresponsibility; political justice; Slobodan Milo?evic trail



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