ICTY Case Against Karadzic Moves Forward

By Simone Pereira

Much excitement was generated earlier this year when Radovan Karadzic, former Bosnian Serb leader was arrested in Belgrade and charged by the International Criminal Tribunal for the former Yugoslavia with war crimes and genocide. Since his arrest in July, Karadzic has pleaded Not Guilty to these charges, and is now claiming that genocide never occurred in Srebrenica. According to Goran Petronijevic, Karadzic’s chief legal advisor, the accused will attempt to show how the killings occurred in response to an escalation of events, rather than being pre-meditated, as the charge of genocide implies. Although his chances of getting acquitted are a long shot, Stephane Bourgon, a lawyer working on Karadzic’s defense, has said that such an argument should not be easily dismissed. Witness bias and the nature of political speech – purposely inflammatory and deterministic – may be argued as coloring the case against Karadzic. However, the prosecution remains positive that the case against Karadzic is strong enough to withstand such frivolous attempts by the defense.

In August Karadzic attempted to court more controversy by requesting former U.S. Secretary of State Madeline Albright, Richard Holbrooke and former chief war crimes prosecutor Richard Goldstone to appear as defense witnesses in his case. He claims to have struck an agreement with the U.S. State Department in 1996, wherein he agreed to “keep quiet” and “disappear” in exchange for immunity from the current trial. This, he said, was violated when news of the deal surfaced and he was prosecuted by the Tribunal. Holbrooke has vehemently denied the passage of any such deal. Karadzic is using this as another reason for why he believes this entire case against him should be dismissed.

Of his own accord, Karadzic is set to appear as a witness in the re-trial of another Bosnian Serb indicted and convicted of war crimes, Momcilo Krajisnik. Krajisnik, the former President of the Republika Srpsika Parliament, is set to appeal his 2006 conviction by the Hague Tribunal where he was sentenced to 27 years imprisonment for his involvement in the atrocities at Srebrenica (a region of Bosnia). His lawyers are hopeful that Karadzic will provide crucial testimony; evidence which was not available at the time of the original trial because of the latter’s fugitive status.

All these developments display the desperation and fear of Karadzic as the Tribunal proceeds in its case against him. After finally being caught, Karadzic will be held accountable for the events that took place under his leadership. The prosecution is determined in their attempt to bring justice and closure to the many victims and to the international community as a whole, all of whom have been witnesses to the horrors that took place in Srebrenica.

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