The War Crime Gambit and the Negotiation Process. The first is to place your opponent in a position in which he feels psychologically overwhelmed and defeated. The second is to always give your opponent room to retreat. There is a deep tension between the two. Giving your opponent a sense of utter defeat could also give him a feeling that he has nothing to lose.
Despair can give way to suicidal resistance.
Giving your enemy room to retreat could give him a sense of hope, causing further resistance. Finding the right mix between the two is critical in any situation in which a negotiated end is required. The apparent decision by a United Nations panel to indict Milosevic for war crimes is partly an autonomous judicial process. We emphasize the term partly, since neither the indictment nor the timing of the leak of the indictment would have taken place without NATO's approval and oversight. It is part of the attempt to give Milosevic the feeling that his world is imploding.