Features

August 25, 2008

Q&A: Radovan Karadžić and the ICTY

Radovan Karadžić, the former Bosnian Serb leader, was arrested by the Serb authorities in July 2008 and then transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, where he remains in custody awaiting trial.

1. What charges does Karadžić face?

He is currently charged with 11 counts of genocide, crimes against humanity and war crimes. These charges reflect his alleged actions between July 1991 and July 1996. They include the siege of Sarajevo, as well as the persecution and deportation of people from the Bosnian municipalities of Bijeljina, Banja Luka and the UN designated “safe area” of Srebrenica. He is also charged for the acts of the Bosnian Serb forces killing thousands of Bosnian Muslim men and boys who had been captured in and around the Srebrenica enclave, in July 1995. But the court’s chief prosecutor may decide to reduce the number of charges, to streamline the proceedings. The original indictment dates back to 1995 and was amended in 2000.

2. Why will Karadžić’s trial take place in The Hague instead of Bosnia-Herzegovina?

The ICTY, based in The Hague, was established by the United Nations to try individuals bearing the highest responsibility for the worst crimes committed in the territories of the former Yugoslavia. The ICTY also has “primacy” over national courts; that is, if the ICTY decides to try an accused, there can be no trial for similar charges in a national court. Ever since its indictment of Karadžić in 1995, the ICTY has maintained that his case represents a top priority and should be dealt with internationally.

3. When will the trial begin and how long will it last?

The next hearing is scheduled for August 29, 2008. The court will ask Karadžić to plead guilty or not guilty to each of the charges against him. If he refuses to enter a plea, according to the ICTY rules of procedure and evidence, the judge will enter non-guilty pleas. Both the prosecution and the defense will then prepare for the trial, disclosing and reviewing evidence, ensuring that witnesses are adequately protected, etc. These preparations are expected to take at least several months.

For now, no one knows when the trial-on-the-merits will start and how long it will last. But it’s very unlikely that those proceedings will begin before 2009.

How long the trial lasts will depend on how many charges the prosecutor attempts to prove, the amount and the nature of the evidence, the number of witnesses called by either the prosecution or the defense and the availability of these witnesses.

4. Karadžić has said he wants to defend himself rather than be assisted by lawyers. Can he indeed do so?

The accused have the right to defend themselves during trial or to be legally assisted. However, the right to self-representation does not exclude the appointment of counsel: the ICTY has limited the right to self-representation when it substantially and persistently obstructs the proper and expeditious conduct of the trial.

There are several precedents at the ICTY for self-representation, including Slobodan Milošević and Vojislav Šešelj, a former vice-president of Serbia. If a defendant wishes to be assisted but is indigent, the cost of his defense is then paid by the court.

5. Who are the judges and prosecutors?

The ICTY President has assigned the case to a Trial Chamber presided over by Patrick Robinson (who is from Jamaica). The other two judges who will try Radovan Karadžić are Iain Bonomy (United Kingdom) and Michèle Picard (France).

6. Is the ICTY hearing any cases other than that of Radovan Karadžić?

Currently, there are 17 cases (against 37 individuals) being heard by three Trial Chambers. Another five cases (involving eight individuals) are currently under appeal, and additional cases are due to begin in the coming months.

7. What will happen to the trial if former General Ratko Mladić is also extradited to the Tribunal? Could Radovan Karadžić and Ratko Mladić be tried together?

Radovan Karadžić and Ratko Mladić were jointly indicted by the ICTY in 1995. Their cases were later separated. If Mladić were arrested, the ICTY could indeed decide to try the two together.

8. The trial of Slobodan Milošević lasted for more than four years and ended with Milosevic’s death, before the court reached a verdict. How can the court avoid a similar scenario?

Trials concerning grave international crimes are difficult matters. They are even more difficult when the defendants used to occupy high-ranking political or military positions and are being held criminally liable for their role as a superior or commander. To prove such charges, the prosecution needs to present complex and wide-ranging evidence and to call witnesses, to demonstrate not only that atrocities were committed, but also the exact role of the accused. The defense may also present evidence to rebut the charges.

There are no magical ways to reduce the length of such trials, but they can possibly be shortened by a reduced number of charges. But the call for a shorter trial needs to be balanced with the right of the victims to see that justice is being done for all crimes in which an accused allegedly participated. 

Other possible ways to reduce the length of a trial include the admission of evidence already used or adjudicated in other trials, or the submission of written statements to be admitted instead of having witnesses appear in person. Another key factor is whether the accused cooperates and or attempts to unduly delay the proceedings. It will be particularly important that the judges keep a strict but fair control of the proceedings.

9. Some say that the ICTY is due to close down in 2010. What happens to the trial if it is not completed by then?

The UN Security Council, which established the ICTY, has repeatedly encouraged it to complete all its work by 2010. Even before Karadžić was arrested, the ICTY had indicated that it may not be able to complete its work by then. The complete trial of Radovan Karadžić, especially if there were to be appeals, seems unlikely to be finished by 2010. Ultimately, this is a matter for the UN to decide.

10. Who pays for the operation of the court? How much does it cost a year?

The ICTY forms part of the United Nations and is paid for by the UN’s member states. Its proposed budget for 2008-2009 is $115.9 million. That pays for a UN detention unit in The Hague, the legal aid system, the witness protection and assistance program, translation and interpretation and, not least, cost of investigating, prosecuting and trying the cases brought to trial.