^* Ambassador Clint Williamson is Chief Prosecutor for the EU Special Investigative Task Force. Formerly a Special Expert to the Secretary-General of the United Nations, he has served as the U.S. Ambassador-at-Large for War Crimes Issues, the Director of the Department of Justice in the UN Mission in Kosovo, and a Trial Attorney at the ICTY from 1994 to 2001.

^* Indicative of this was a telephone call Arbour received from U.S. Special Envoy Richard Holbrooke shortly after we arrived in Skopje; Holbrooke said that Arbour should stay where she was as her presence there was putting incredible pressure on Milošević.

^* Despite the unified front in support of Walker, some outside observers criticized him for having exceeded his role as a neutral monitor and for, in fact, using the events at Račak as a pretext to press for military action. See Press Release, Media Ignore Questions about Incident That Sparked Kosovo War, FAIR.ORG (Fairness and Accuracy in Reporting) (1 Feb. 2001), http://www.fair.org/index.php?page=1877.

^* Stat. ICTY, Art. 1. The Security Council determines when the conditions for the ICTY’s jurisdiction will terminate; within that framework, the Prosecution and the Chambers determine the scope of that jurisdiction and its application to particular situations.

^* Prelec, who joined the case after this point, presents a different view of Milošević’s responsibility, though one he also acknowledges developing later in the case.

^* Prelec, Hartmann, and Nielsen discuss the various forms of support and control exercised by the VJ, SDB, and other elements of the FRY and Serbian governments over Serb forces in Bosnia and Croatia.

^* Hartmann describes an analogous process working in reverse in the post-Milošević trials of Belgrade-based figures, who were described as part of a broader joint criminal enterprise or JCE under Milošević in his trial, but as subordinated to Bosnian Serb leadership in their own trials and in Karadžić.

^* Surroi describes the earlier meeting, at 222-224.

^* The victims whose names were known are listed in Kosovo Indictment, Schedule A.

^† Contrast this approach with how, in her chapter, Del Ponte describes her decision-making process for the Bosnia phase genocide charges, which were also the subject of debate with the Prosecution.

^* See Trix at 246 and 555, n. 95 for a critique of the indictment’s choice to adopt Serbian nomenclature and the Usage Note at xxiii-xxv for further discussion of the issue.

^* Greenawalt discusses claims about the strategic interaction between the indictment and the war, at 383-384.

^† Serbian institutions continued to operate in some of the enclaves, and especially in the area north of the Ibar river.

^‡ See discussion in Bieber.

^§ Some notable examples of insider witnesses include Aleksander Vasiljević, Ratomir Tanić, Milan Babić, and Slobodan Lazarević.

See Várady’s and Pešić’s chapters on this episode.