ICTY Verdict in the Case Against Radovan Karadžić

On 24 March 2016 the chamber of the International Crime Tribunal for former Yugoslavia (ICTY)(1) sentenced the war-time leader of Bosnian Serbs Radovan Karadžić to 40 years in prison. 

Why Karadzic stood his trial

The process against Karadžić, who was indicted for two counts of genocide, five counts of crimes against humanity (including Persecutions, Extermination, Murder, Deportation, Inhumane acts (forcible transfer)), and four counts of violations of the laws or customs of war (Murder, Terror, Unlawful attacks on civilians, and Taking of hostages), lasted 497 days and included the hearing of 337 witnesses for prosecution and 248 for the defense. Karadžić was convicted of genocide in the area of Srebrenica in 1995, whereby the Court once again reiterated its position that Srebrenica Masacre of 1995 was a genocide. Karadžić is the highest ranking Bosnian Serb war-time official to be sentenced by the ICTY so far, and along with Ratko Mladić whose verdict is expected in November they represent civilian and military leadership of Bosnian Serbs during the war.


First reactions to the verdict

Already in the run-up to the event itself, the media were saturated with reactions in anticipation of the event and its possible consequences and tensions started running high. Most explicit reactions came from the Republika Sprska’s leadership reiterating that no matter what the verdict is going to be, it cannot and should not be used as an attempt to re-initiate the debate on the constitutional reform with a goal that could be detrimental to Republika Srpska and Serbs in Bosnia and Herzegovina (2) . What certainly helped raise tensions significantly was a provocative move by Milorad Dodik who four days before the verdict opened the newly built student dormitory in Pale, the war-time capital of Bosnian Serbs, named after “Dr. Radovan Karadžić”. Reactions from Bosniak politicians in the run up to the event were much more cautious while mainly Bosniak victims’ organizations argued for the life in prison for war-time leader of Bosnian Serbs.

As soon as verdict was delivered on 24 March, reactions started pouring in. Strongly disunited and divided position and opposition from Republika Srpska were unison in labelling the ICTY as “political” and anti-Serb court. Mladen Bosić, leader of Karadžić’s Serb Democratic Party and the leader of opposition in the RS said “that the verdict shows that the Hague Tribunal is primarily a political body which aims to satanize the Serbs as the main culprits for the war (3). Bosniak victims’ organization were profoundly disappointed that verdict was anything short of life in prison for a man who was the leader of Serbs during the war. They labelled the verdict as “disgrace” and an “insult” to victims and their families stating that several military officials who were subordinate to Radovan Karadžić were found guilty of the same crimes and imprisoned for life (4). Only several days after the verdict, Bakir Iztebegović, leader of the biggest Bosniak party and member of Presidency of BiH, mentioned the possibility of revision of the lawsuit against Serbia for genocide which triggered very emotional reaction from Serbian Prime Minister Aleksandar Vučić starting a war of words between the two. Both Bosnian and Croats from Croatia welcomed the guilty verdict overwhelmingly sometime being even more strongly critical against the Court’s decision not to give life-sentence to Karadžić. Only the Bosnian Croats’ political leader and member of Presidency of BiH Dragan Čović remained silent and refused to comment the verdict which prompted some observers to conclude that his silence serves only the purpose of maintaining cordial relations with Dodik. 


Why is the ICTY important/necessary

Reactions by the public followed the same line of reasoning depending on whom you asked which certainly has to do with the perception and the image of the ICTY perpetuated in the public. And while some researches into the role of justice and reconciliation and the perception of the ICTY on the societal peace in former Yugoslavia showed that the Court’s record in achieving societal peace and reconciliation is mixed, the Court has and continues to play without a doubt tremendously significant role. Had it not been for the ICTY, it would be up to the undeveloped and politically controlled judiciary in the former republics of Yugoslavia to deal with the issue of war crimes. We can only assume what kind of disaster would that be for the relations in the region and within Bosnia if the countries of former Yugoslavia took it upon themselves to try to war crimes given the fact that even now with the ICTY in place there are numerous instances of legal disputes between Bosnia and Serbia in particular based on a different and diametrically opposed political narratives and framing of events of 1990-s. Unreformed judiciary and general absence of the rule of law remains one of the most problematic areas for the successor states of former Yugoslavia. 

Alone the establishment of the ICTY in 1993 by the UN Security Council which was conditional upon a general and broad consensus of the P5 certainly represents a historical landmark for the region. Its truth-telling, specific and general deterrence, retribution element, truth-telling and the creation of a historical record, rule of law rather than violence to resolve inter-communal conflict, removal of political and military figures from the scene of their alleged crimes, and lessening the need for private justice (i.e. citizens are relieved of the need for personal vengeance) are all tremendously important positive aspects of ICTY’s work not only for the countries of former Yugoslavia. 


Do such verdicts show a way towards more rule of law for the region?

Reconciliation process in region can hardly begin unless the ICTY’s role is firmly entrenched in it. In its work, the Court has tries both Croats and Bosniaks while some of the most prominent cases have ended up in full acquittal following a first instance guilty verdict (cases against Croat Generals Gotovina and Markač). Other case which resulted in controvery is the case against Serbian Secret Service officials Frenki Simatović and Jovica Stanišić who were first acquitted to be immediately retried fully by a new chamber in a second instance court. Court was also accused of having slow and sluggish procedures resulting in situations where the major indicted person in the ICTY Slobodan Milošević died during trial. 

Fully respecting and not politicizing decisions of the Court is therefore for the nascent democracies in the region a sine qua non for the continuation of their democratic consolidation and for reconciliation and good neighbourly relations. Reactions to Karadžić’s verdict and anticipated similar reactions to Šešelj verdict announced for 31 March unfortunately shows that politics in the region still hovers between the past and the present unable to generate a vision for the future.


By Adnan Huskic, FNF Project Coordinator for Bosnia-Herzegovina



Underscore Notes: 

1. An ad-hoc United Nations body under the title “International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991” is a UN court of law dealing with war crimes that took place during the conflicts in the Balkans in the 1990’s established by the UN Security Council Resolution 827 from May 1993. The ICTY was the first war crimes court created by the UN and the first international war crimes tribunal since the Nürnberg and Tokyo tribunals. It was established by the Security Council in accordance with Chapter VII of the UN Charter and with its precedent-setting decisions on genocide, war crimes and crimes against humanity, the Court has generally established now the accepted norm for conflict resolution and post-conflict development across the globe, specifically that leaders suspected of mass crimes will face justice. 

2. Milorad Dodik, President of Republika Srpska, one of two entities in Bosnia and Herzegpovina said on 19 March that „Karadžić will most likely be convicted“ and that Bosniaks are already preparing for actions “aimed at RS” - http://www.fokus.ba/264872/vijesti/bih/dodik-karadzic-ce-navjerovatnije… 

3. SDS RS web site

4. http://ba.n1info.com/a88132/Vijesti/Vijesti/Sta-donosi-presuda-Karadzic…