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PUBLLISHED by Radovan Karadzic: Wartime Leader’S Years on Trial PUBLLISHED BY Radovan Karadzic: Wartime Leader’s Years on Trial A collection of all the articles published by BIRN about Radovan Karadzic’s trial before the International Criminal Tribunal for the Former Yugoslavia and the UN’s International Residual Mechanism for Criminal Tribunals. This e-book contains news stories, analysis pieces, interviews and other articles on the trial of the former Bosnian Serb leader for crimes including genocide, war crimes and crimes against humanity during the conflict in Bosnia and Herzegovina. Produced by the Balkan Investigative Reporting Network. Introduction Radovan Karadzic was the president of Bosnia’s Serb-dominated Repub- lika Srpska during wartime, when some of the most horrific crimes were committed on European soil since World War II. On March 20, 2019, the 73-year-old Karadzic faces his final verdict after being initially convicted in the court’s first-instance judgment in March 2016, and then appealing. The first-instance verdict found him guilty of the Srebrenica genocide, the persecution and extermination of Croats and Bosniaks from 20 municipal- ities across Bosnia and Herzegovina, and being a part of a joint criminal enterprise to terrorise the civilian population of Sarajevo during the siege of the city. He was also found guilty of taking UN peacekeepers hostage. Karadzic was initially indicted by the International Criminal Tribunal for the Former Yugoslavia in 1995. He then spent 12 years on the run, and was finally arrested in Belgrade in 2008 and extradited to the UN tribunal. As the former president of the Republika Srpska and the supreme com- mander of the Bosnian Serb Army, he was one of the highest political fig- ures indicted by the Hague court. BIRN closely monitored Karadzic’s trial and has so far produced over 370 news stories, analysis and opinion pieces, interviews and other articles. Ahead of the final verdict in this historic case, we decided to compile and share our archive with all those who are interested in Karadzic’s trial, but also in criminal justice after the wars in the former Yugoslavia and in the development of transitional justice processes. RADOVAN KARADZIC WARTIME LEADER’S YEARS ON TRIAL 18.03.2019 Karadzic Verdict: Mastermind of Violence or Victim of Injustice? Prosecutors want the UN court to give former Bosnian Serb leader Radovan Karadzic a life sentence for genocide and other crimes this week - but his defence insists the trial was unfair and the final verdict should acquit him. DENIS DZIDIC More than ten years after his arrest in Belgrade, the final verdict in Rado- van Karadzic’s trial for genocide, crimes against humanity and violation of the laws and customs of war in between 1992 and 1995 is due to be handed down in The Hague on Wednesday. Under the first-instance verdict handed down by the International Crimi- nal Tribunal for the Former Yugoslavia, ICTY in March 2016, Karadzic was sentenced to 40 years in prison. He was found guilty of genocide in Srebrenica in 1995, the persecution of Bosniaks and Croats throughout Bosnia and Herzegovina, terrorising the civilian population of Sarajevo citizens with a long-running campaign of shelling and sniper fire, as well as taking UN peacekeepers hostage. However, the wartime president of Republika Srpska was acquitted of genocide in seven other Bosnian municipalities in 1992. When reaching their final judgement, the judges at the Mechanism for International Criminal Tribunals in The Hague will remain within the pa- rameters of the appeals filed by the prosecutors and Karadzic’s defence. The prosecutors’ appeal consists of four parts. The first part refers to the duration of the sentence and suggests that Karadzic should get a life sen- tence for each of the three joint criminal enterprises in which he par- ticipated – the Srebrenica genocide, terrorising civilians in Sarajevo and persecution in 20 municipalities across Bosnia and Herzegovina. “Considered together, they form the gravest set of crimes ever attributed to a single person at the ICTY and require the highest available sentence-a life sentence,” the prosecutors said. - 4 - RADOVAN KARADZIC WARTIME LEADER’S YEARS ON TRIAL Detention camp conditions ‘indicated genocidal intent’ The prosecutors also argued that the first-instance verdict erred in find- ing that Bosnian Serb forces were responsible for forced displacement in Bratunac, Foca, Kljuc, Prijedor, Sanski Most, Vlasenica and Zvornik in 1992, while other crimes, such as murders, destruction and sexual vio- lence, were just foreseeable consequences, not separate planned crimes within an overall genocidal plan. The verdict’s view that it was possible that Karadzic did not want the other crimes to happen, but did not care enough to stop them, was incorrect, the prosecutors insisted. The prosecutors went on to say that the plan for the commission of the crimes was exactly what indicated Karadzic and other members of the joint criminal enterprise’s genocidal intent in 1992. “It is self-evident that a common criminal purpose encompassing mur- der, extermination and cruel or inhumane treatment – corresponding to genocidal acts – is more reflective of JCE [joint criminal enterprise] mem- bers’ genocidal intent than a common purpose where genocidal acts are unleashed not as an integral part of its execution, but merely as foreseea- ble consequences,” the prosecutors said in their appeal. The second part of the prosecutors’ appeal refers to detention locations. Although Karadzic was found guilty of responsibility for numerous crimes committed in detention camps run by the Bosnian Serbs, the first-in- stance verdict said that there was not sufficient evidence to prove that the detention conditions were “created for the purpose of physically destroy- ing Croats and Bosniaks”. But according to the prosecutors, the verdict ignored a series of pieces of evidence that suggested that mass murders were committed in detention camps throughout Republika Srpska and that grave abuses were part of the daily routine. The prosecutors listed the Foca, Keraterm and Omarska detention camps in the Prijedor area, the Susica detention facility in Vlasenica, as well as school buildings in Karakaj and Bratunac in which prisoners were held as examples of detention camps where, in their opinion, crimes were com- mitted on a scale that indicated an intention to “destroy” Bosniaks and Croats “as a group”. “The Chambers findings regarding conditions in detention sites signifi- cantly impacts the genocidal intent analysis. Thousands of Muslims and - 5 - RADOVAN KARADZIC WARTIME LEADER’S YEARS ON TRIAL Croats whom the Chamber categorised as merely ‘displaced’ were in fact subjected to conditions of life aimed at their physical destruction,” the prosecutors alleged. In the third part of the appeal, the prosecutors pointed out that the first-instance judging panel “was guided by a too narrow definition of genocide”, and only considered how many Bosniaks and Croats were de- stroyed numerically, without taking into consideration the long-term consequences of all the crimes committed and whether they were aimed at preventing those groups from rebuilding themselves. The prosecutors specifically complained that the first-instance judges failed to consider whether genocide was committed in 1992 in Prijedor, where they insisted that “the extent of the crimes indicated a clear inten- tion to destroy a group of people”. Karadzic objects to ‘absolutely unfair trial’ The former Republika Srpska president and his legal counsellor Peter Rob- inson filed an appeal on six separate grounds, and are calling for a com- plete acquittal. Presenting the appeal, Karadzic himself voiced confidence that the first-instance verdict, under which he was sentenced to 40 years in pris- on, would “fall absolutely and immediately”. The appeal began with claims that the proceedings at the UN court were “unfair”. Karadzic noted that he was not allowed to testify in narrative form, but that instead the judge ordered his legal adviser to ask him questions. He also complained about the indictment being imprecise and that a visit to massacre sites in Sarajevo was conducted in his absence. He complained that the court admitted a number of adjudicated facts from other trials, that prosecutors were not penalised for failing to pro- vide him with evidence on time, that unlawfully intercepted conversations were used as evidence, and that he was not granted immunity for political speeches he made at the Republika Srpska Assembly during his mandate as president. He also appealed because the first-instance court failed to compel Ratko Mladic, the former commander of the Bosnian Serb Army, who is also on trial in The Hague for the same crimes as Karadzic, to testify. “The Trial Chamber’s sparse reasoning appears to indicate that it con- sidered General Mladic’s rights as an accused whose trial was pending to - 6 - RADOVAN KARADZIC WARTIME LEADER’S YEARS ON TRIAL outweigh President Karadzic’s right to General Mladic’s evidence. How- ever, by compelling General Mladic’s testimony, the Trial Chamber could have accommodated both rights. President Karadzic could have had the benefit of General Mladic’s evidence, and no detriment could have inured to General Mladic’s case because his answers could not be used against him, directly or indirectly,” Karadzic’s appeal said. The second part of the appeal refers to the count on which Karadzic was found guilty of responsibility for a campaign aimed at persecuting Bos- niaks and Croats in 20 Bosnian municipalities. The appeal argued that the verdict erred when saying he wanted the “forced removal” of the Bosniaks and Croats, when it was equally possible that he only wanted “political autonomy” for Serbs within Bosnia and Herzegovina. “The Trial Chamber acknowledged 65 separate speeches, conversations, or statements of President Karadzic that were inconsistent with the find- ing that he intended to accomplish physical separation from non-Serbs through forcible expulsions. Together, this forms a significant body of evidence that President Karadzic consistently envisioned and advocated that there would be minorities in each entity whose rights would be fully respected,” the appeal said.
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