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Radovan Karadzic Trial

 

Wartime Bosnian Serb president Radovan Karadzic was arrested in July 2008 after 13 years on the run and transferred to The Hague shortly afterwards. Since then, IWPR has been producing comprehensive analysis and reports on his case as part of its long standing International Justice/ICTY programme. The trial is still ongoing and currently in the prosecution phase.

Case Summary

Radovan Karadzic

Founding member of the Serbian Democratic Party (SDS); President of the SDS until his resignation on 19 July 1996; Chairman of the National Security Council of the so-called Serbian Republic of Bosnia and Hercegovina (later Republika Srpska - “RS”); President of the three-member Presidency of RS from its creation on 12 May 1992 until 17 December 1992, and thereafter sole President of Republika Srpska and Supreme Commander of its armed forces. (Source: icty.org)


Radovan Karadzic, the wartime president of Bosnia’s self declared Serb Republic (known as Republika Srpska), is standing trial at The Hague tribunal on ten counts of war crimes, crimes against humanity and genocide. From 1992 to 1996, he was the highest authority in the Bosnian Serb government and the “supreme leader” of its military.

He is alleged to have planned, or failed to prevent or adequately punish, some of the worst crimes of the Bosnian war. This includes the 44 month siege of Sarajevo that left nearly 12,000 civilians dead as well as the massacre of some 8,000 men and boys at Srebrenica in July 1995.

Prosecutors say he is also responsible for crimes of persecution, extermination, murder and forcible transfer which "contributed to achieving the objective of the permanent removal of Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory".

When Karadzic was arrested in July 2008 – after 13 years on the run – he was posing as a bearded alternative healer and living under the assumed name of Dragan Dabic.

Since his arrest, Karadzic has insisted on representing himself in the courtroom, though he does have the assistance of several legal advisors. His trial officially began in October 2009 with the prosecution’s opening statements, but Karadzic decided to boycott the proceedings in a bid for more time to prepare. In response, judges assigned him a “standby” defence lawyer who could take over should Karadzic decide to boycott the trial again.

After another delay, Karadzic gave his own opening statement in March 2010 and witness testimony got underway the following month. The prosecution rested its case in May 2012.

On June 11, 2012, in accordance with tribunal rules, Karadzic asked to be acquitted of all charges in his indictment before the start of the defence phase of the trial. On June 28, tribunal judges dismissed one count of genocide in relation to seven named Bosnian municipalities between March and December 1992.

Karadzic still faces a count of genocide relating to the July 1995 massacre in the eastern town of Srebrenica, where more than 7,000 Bosniak boys and men were killed. The other nine counts in the indictment will also remain.

Prosecutors have appealed against the genocide acquittal, but there has not yet been a ruling from the appeals chamber on the matter.

Karadzic's defence case will begin on October 16, 2012.


Last updated Sept 2012 by Rachel Irwin

Karadzic Charges

The Charges Against Radovan Karadzic
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The ICTY's Karadzic indictment was last updated in October 2009. It was initially issued in 1995, amended for the first time in 2000, and then again twice after his arrest.


Count 1
Genocide - dismissed on June 28, 2012. For more, see Karadzic Acquitted of One Genocide Count.

This count of the indictment states that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish genocide against a part of the Bosnian Muslim and Bosnian Croat people. Members of these two groups, as well as their leadership, “were targeted for destruction”, the indictment states.

Karadzic is accused of being part of a joint criminal enterprise with other government, military and paramilitary officials to “remove Bosnian Muslims and Bosnian Croats from the territories of [Bosnia and Hercegovina] claimed as Bosnian Serb territory”.

Count 1 further alleges that from March to December 1992, “Bosnian Serb political and governmental organs and Serb forces” carried out killings, torture, physical and psychological abuse and acts of rape and sexual violence during and after the takeover of the Bosnian municipalities of Bratunac, Foca, Kljuc, Prijedor, Sanski Most, Vlastenica and Zvornik.

These acts and others were also committed in various detention centres, where the “inhumane living” conditions were “calculated to bring about [the] physical destruction” of the Bosnian Muslims and Bosnian Croats who were held there, the indictment states.


Count 2
Genocide

This count pertains specifically to the 1995 Srebrenica massacre during which some 8,000 Bosnian Muslim men and boys were murdered.

The indictment states that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish genocide against a part of the Bosnian Muslim people.

He was allegedly part of a second joint criminal enterprise with other high-ranking officials to “eliminate the Bosnian Muslims in Srebrenica by killing the men and boys…and forcibly removing the women, young children, and some elderly men” from the enclave.

By these actions, Karadzic “intended to destroy the Bosnian Muslims in Srebrenica”, the indictment states.


Count 3
Persecutions (Crime Against Humanity)

This count alleges that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish “persecutions on political and/or religious grounds against Bosnian Muslims and/or Bosnian Croats” in the municipalities of Banja Luka, Bijeljina, Bosanski Novi, Bratunac, Brcko, Foca, Hadzici, Ilidza, Kljuc, Novi Grad, Novo Sarajevo, Pale, Prijedor, Rogatica, Sanski Most, Sokoloc, Visegrad, Vogosca and Zvornik.

The persecutory acts were allegedly part of the objective to “permanently remove” Bosnian Muslims and/or Bosnian Croats in the municipalities, and the Bosnian Muslims in Srebrenica.

The indictment states that when municipalities were taken over, and afterwards, “Serb forces and Bosnian Serb political and government organs” imposed “restrictive and discriminatory measures, arbitrary searches, arbitrary arrest and detention, harassment, torture, rape and other acts of sexual violence, killing, and destruction of houses, cultural monuments and sacred sites”.

Some of these alleged acts continued in the detention centres, along with other persecutory abuses, the indictment states.

The persecutory acts in Srebrenica in July 1995 were allegedly part of the “shared objective” to “eliminate” Bosnian Muslims from the enclave, and included forcible transfer or deportation, killings, and the “terrorising and abuse” of Bosnian Muslims in nearby Potocari.


Counts 4, 5 and 6
Extermination (Crime Against Humanity),
Murder (Crime Against Humanity and a War Crime)

This count alleges that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish the extermination and murder of Bosnian Muslims and Bosnian Croats in the municipalities, Bosnian Muslims in Srebrenica, and the murder of civilians in Sarajevo during the 44-month siege of the city.


Counts 7 and 8
Deportation (Crime Against Humanity),
Inhumane Acts (Forcible Transfer) (Crime Against Humanity)

This count alleges that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish the forcible transfer and deportation of Bosnian Muslims and Bosnian Croats from the municipalities and from Srebrenica.

The indictment alleges that beginning in March 1992, a number of factors caused Bosnian Muslims and Bosnian Croats to “flee in fear” including arbitrary arrest, harassment, torture, rape, killing and the destruction of houses.

Many fled to Srebrenica, which was declared a United Nations safe area in 1993. In March 1995, Karadzic and other high- ranking leaders allegedly began implementing a plan to “take over the Srebrenica enclave and forcibly transfer and/or deport its Bosnian Muslim population”, the indictment states.

Furthermore, “prior to the takeover [of Srebrenica], humanitarian aid was restricted to the enclave, and civilian targets were shelled and sniped in an effort to make life impossible for the inhabitants of the enclave and to remove its population”.

The “forcible removal of women, young children and some elderly men from the enclave” after it was taken over in July 1995 “formed part of the objective to eliminate the Bosnian Muslims in Srebrenica”, the indictment states.


Counts 9 and 10
Acts of Violence the Primary Purpose of which is to Spread Terror among the Civilian Population (War Crime),
Unlawful Attacks on Civilians (War Crime)

This count alleges Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish crimes of terror and unlawful attacks on civilians in Sarajevo.

After Bosnia and Hercegovina declared independence and was internationally recognised, the city was subjected to “blockade, bombardment and sniper attacks”.

Karadzic, allegedly working with other members of the joint criminal enterprise, used members of the Bosnian Serb “Sarajevo Forces” to “establish and implement a military strategy that used sniping and shelling to kill, maim, wound and terrorise the civilian inhabitants of Sarajevo” between April 1992 and November 1995, the indictment alleges.

The sniping and shelling was carried out as people conducted “everyday civilian activities”.

“People were injured and killed inside their homes…The constant threat of death and injury caused trauma and psychological damage to the civilian inhabitants of Sarajevo,” the indictment states.


Count 11
Taking of Hostages (War Crime)

This count alleges that Karadzic committed in concert with others, planned, instigated, aided and abetted, and/or failed to prevent or punish the taking of United Nations military observers and peacekeepers as hostages between May 26 and June 19, 1995.

The alleged purpose of this was to “compel NATO to abstain from conducting air strikes against Bosnian Serb military targets”.

Threats were issued that “further NATO attacks on Bosnian Serb military targets would result in the injury, death, or continued detention of the detainees”, some of whom were “assaulted or maltreated” during their captivity, the indictment states. 


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Courtside
Serb Paramilitaries Wrought "Havoc" in Bosnia
Rachel Irwin
8 Mar 13
Yugoslav army’s security chief was aware of civilian killings and other abuses.
Briefly Noted
Karadzic Subpoena Request Turned Down
Rachel Irwin
1 Mar 13
Judges say information that Fikret Abdic might offer is similar to evidence already available.
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Courtside
Karadzic the "Good Democrat"
Velma Šarić
1 Mar 13
Former Yugoslav foreign minister says Bosnian Serb leader believed in tolerance.
Bos-Hrv-Srp
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Courtside
"Bosniaks to Blame for 1992 Fighting" – Karadzic Witnesses
Velma Šarić
22 Feb 13
Serbs took action only to defend themselves, says police officer from eastern municipality.
Bos-Hrv-Srp
Briefly Noted
Karadzic Seeks One-Month Trial Suspension
Rachel Irwin
22 Feb 13
Defendant argues for more time to check for information possibly not disclosed by prosecution.
Bos-Hrv-Srp
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Courtside
Defence Witness Rounds on Karadzic
Velma Šarić
15 Feb 13
Former official says Bosnian Serb leaders’ harassment led to his mother’s death.
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