Historijski pogledi (May 2021)
Procesuiranje u predmetu Radovan Karadžić – ICTY IT-95-5/18 // Prosecution in the Radovan Karadzic case – ICTY IT-95-5/18
Abstract
The International Criminal Tribunal for the former Yugoslavia has filed an Indictment (originally July 25, 1995, and an operational Indictment on October 19, 2009) against Radovan Karadzic, the former President of Republika Srpska and Commander-in-Chief of the Army of Republika Srpska. After many years of hiding in Serbia, Karadzic was arrested on July 21, 2008, and transferred to the ICTY on July 30 of that year. The trial began on 26 October 2009. Radovan Karadzic is charged for genocide (Counts 1 and 2); crimes against humanity: persecution (count 3), extermination (count 4), murder (count 5), deportation (count 7), inhumane acts - forcible transfer (count 8); and violations of the laws or customs of war: murder (count 6), terrorism (count 9), unlawful attacks on civilians (count 10), hostage-taking (count 11). Radovan Karadzic has been charged with individual criminal responsibility in accordance with Rule 7 (1) of the Statute of the International Tribunal through his participation in several joint criminal enterprises (JCEs). According to the Indictment, no later than October 1991 to November 30, 1995, Karadzic participated in a JCE aimed at the permanent removal of Bosniaks and Croats from certain areas of Bosnia and Herzegovina; from April 1992 to November 1995, he participated in the JCE to launch and conduct a campaign of sniping and shelling of the civilian population of Sarajevo, aimed at spreading terror among the civilian population; from July 1995 until 1 November 1995, he participated in the JCE of the elimination of Bosniaks in Srebrenica, by killing men and boys, as well as forcibly expelling women, children and the elderly from the area; and for participated in the JCE of taking members of the United Nations hostage during May and June 1995. Pursuant to Article 7 (3) of the Statute, the Indictment charges him with superior responsibility because he knew or had reason to know that forces under his effective control were being prepared to commit crimes or have already committed them, and has not taken measures to prevent the commission of crimes or to punish the perpetrators of those crimes. On June 11, 2012, Karadzic filed a motion for acquittal on all counts of the Indictment. Pursuant to Rule 98bis, on 28 June 2012, the Trial Chamber rendered a Decision dismissing the motion for acquittal on ten counts of the Indictment, but acquitted Count 1 of the Indictment relating to genocide committed in certain municipalities of Bosnia and Herzegovina: Bratunac, Foca, Kljuc, Prijedor, Sanski Most, Vlasenica and Zvornik. This count of the Indictment alleges that Karadzic is responsible for the genocide as a superior, and that in agreement with others he committed, planned, instigated, ordered and/or aided and abetted the genocide. Following the Prosecution's appeal against the decision to exclude Count 1 from the Indictment, on 11 July 2013 the Appeals Chamber quashed the Trial Chamber's decision and returned Count 1 of the Indictment charging Karadzic with genocide in the said municipalities, and the proceedings continued before the Trial Chamber. The Trial Chamber's verdict against Radovan Karadzic was handed down on March 24, 2016, sentencing him to 40 years in prison for genocide, crimes against humanity, and violations of the laws or customs of war. In 6,073 paragraphs is explained the role of the RS Army, as well as police structures, territorial defense, and regional and municipal authorities and other participants in joint criminal enterprises. The forms and methods of committing crimes committed in the municipalities of Bijeljina, Bratunac, Brčko, Foča, Rogatica, Sokolac, Višegrad, Vlasenica and Zvornik in eastern Bosnia are described; Banja Luka, Bosanski Novi, Ključ, Prijedor and Sanski Most in the Autonomous Region of Krajina (“ARK”); Hadžići, Ilidža, Novi Grad, Novo Sarajevo, Pale and Vogošća in the area of Sarajevo, and precise ways of carrying out a comprehensive joint criminal enterprise, but also joint criminal enterprises related to Srebrenica (genocide), Sarajevo (terrorizing citizens with sniper fire and shelling), and hostage-taking (UNPROFOR international peacekeepers). The first-instance verdict found Karadzic guilty of 10 of the 11 counts in the indictment. Both the Prosecution and the Defense for the Accused appealed the Trial Chamber's judgment, and the second-instance proceedings continued. On March 20, 2019, the Appeals Chamber issued a final verdict sentencing Radovan Karadžić to life imprisonment. The verdict found him guilty of persecution from a territory that Bosnian Serbs considered to be claiming the right, sniping and shelling of Sarajevo, taking UNPROFOR members hostage and genocide in Srebrenica. Both Trial and Appeals Chambers acquitted Karadzic of genocide committed in seven Bosnian municipalities (Bratunac, Foca, Kljuc, Prijedor, Sanski Most, Vlasenica and Zvornik) committed in 1992.
