^* Dr. Florian Bieber is Professor for Southeast European Studies at the Centre for Southeast European Studies, Karl-Franzens Universität Graz. He is the author of Nationalismus in Serbien vom Tode Titos bis zum Ende der Ära Milošević (Lit Verlag 2005) and Post-War Bosnia: Ethnic Structure, Inequality and Governance of the Public Sector (Palgrave 2006).

^* Resolution 827, establishing the ICTY, noted that the Tribunal should “contribute to the restoration and maintenance of peace[.]” The purpose of the Tribunal is thus broader than just establishing individual responsibility. However, in the context of the trials themselves, the primary purpose is to determine the responsibility of those accused. S.C. Res. 827, U.N. Doc. S/RES/827 (25 May 1993).

^* Necessary, that is, in order to meet the legal standards for joinder. See Boas. In his chapter and his book, Boas effectively argues that the Prosecution’s understanding of Greater Serbia changed over time and introduced confusion into the case against Milošević. See Boas at 108-110; BOAS, MILOšEVIć TRIAL 90–92. A similar critique can be made about the Prosecution’s closely related decision to base the charges against Milošević on a JCE theory. See van der Wilt on this point.

^† They can matter in so-called special intent crimes, such as genocide. Still, the general point is the same—there will be questions of motivation and context that necessarily go beyond the core inquiry that interests a court, but which may constitute the heart of the inquiry for historians.

^* As officers of the court, members of the Prosecution have obligations to present exculpatory evidence. However, this still leaves considerable leeway to craft and characterize the information selected for trial.

^* Milošević notoriously asked a witness, the former Montenegrin Minister of Foreign Affairs, Nikola Samardžić, whose legs had been amputated, “Mr. Samardzic, do you know the Serbian saying that people who lie have short legs?” Milošević case (131), Trial Tr. 11401 (10 Oct. 2002).

^† Compare Trix on a similar point about oral and written testimony and marginalized communities.