Abstract

This article deals with the unique problems that are associated with undertaking international criminal investigations, and it is written from the perspective of a war crimes investigator. Ten problems are identified in relation to investigating violations of international humanitarian law such as genocide, crimes against humanity, and violations of the laws and customs of war. The problems range from differences between legal systems and the unique elements of international crimes on one hand to personal security and counterintelligence operations on the other. The article provides an analysis of the problems international war crimes investigators face on a day-to-day basis and also the first inside look at the strategies that were used in the investigation that resulted in an indictment of the first sitting head-of-state in history, Slobodan Milošević. Recommendations are made with the view to minimizing those problems and maximizing the successful investigation and prosecution of high-level perpetrators at an international venue.

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