^* Dr. Kelly Dawn Askin is senior legal officer for International Justice in the Open Society Justice Initiative. She served as a legal advisor to the judges of the ICTY and ICTR from 2000 to 2002.

^† Del Ponte served over eight years, from August 1999 to January 2008; Richard Goldstone served just over two years, and Louise Arbour served three years; Del Ponte’s successor, Serge Brammertz, has been in office since January 2008.

^* In this respect, the development of plea bargaining at the ICTY—which was not initially contemplated—constituted a welcome move toward ensuring the Prosecution had realistic and efficacious tools at its disposal.

^* For example, for over a decade (1995–2006), the Coalition for International Justice was involved in a range of projects in Washington, Belgrade, and The Hague devoted to ensuring senior leaders were brought to justice before the ICTY. See Coalition for International Justice, Coalition for International Justice (CIJ) Trial Reports Archive, 1995–2006, http://iwpr.net/programme/international-justice-icty/coalition-international-justice-cij-trial-reports-archive.

^† Indeed, given that the ICTY was the first international criminal tribunal since Nuremberg, judges with more experience were actually rare.

^* Anoya at 163-164.

^† Some of the common law practices are attributable to the fact that the vast majority of senior trial attorneys in the Prosecution are from the United States, skilled in the adversarial system of cross-examining witnesses.

^‡ Pros. v. Kaing Guek Eav alias Duch, 001/18-07-2007/ECCC/TC, Extraordinary Chambers in the Courts of Cambodia, Judgement (26 July 2010). Although the judges of the ICTY have amended the RPE since Milošević in order to address these problems, the Karadžić trial shows they have made little progress in shortening some of the trials: Karadžić, which after fits and starts finally began hearing testimony in April 2010, is expected to last at least until April 2014. See Pros. v. Karadžić, IT-95-5/18-I, Status Conference, Trial Tr. 6109 (3 Sept. 2010), http://www.icty.org/x/cases/karadzic/trans/en/100903SE.htm.

^§ The Registry has responsibility for assignment of defense counsel, including Amici Curiae, detention issues (including handling of medication), the Victim and Witnesses Unit, courtroom management and technology, including translation, and other matters. These factors impact the speed of trial. See Anoya for a discussion of some of these issues.

^* Boas, who worked in Chambers, discusses this at length, as does Mégret.

^† See Krasniqi at 217, Surroi at 226-227, Bachmann at 266, and Trix at 239-240, 242, 245-246 for Kosovo; and Swimelar at 189 for Bosnia.

^‡ See Anoya at 169-173.

^* On Milošević’s skills in the courtroom, and their impact on victims, see also Surroi, Krasniqi, and Trix.

^* However, there is still much to be done in the area of self-representation, as is particularly evident in the Šešelj trial, which finally began in November 2007. Pros. v. Šešelj, IT-03-67, Trial Tr. 1784 (7 Nov. 2007). See also discussion in WALD, TYRANTS ON TRIAL.

^* The Trial Chamber’s mid-trial acquittal of Karadžić on the genocide count for the early part of the Bosnian war, though later reinstated by the Appeals Chamber, suggests both that the ICTY has settled on a narrow reading of genocide in Bosnia—limited to Srebrenica—and that the Prosecution continues to pursue overly ambitious cases on the Milošević model.