05 August, 2016

ICTY - Radovan Karadžić and Slobodan Milošević

In March 2016, the International Tribunal for the Former Yugoslavia (ICTY) gave judgment in the case of Radovan Karadžić, former President of Republika Srpska (RS) - see the Tribunal's judgment [pdf 2615 pages], this Information Sheet and the earlier post of 24th March

The Tribunal's Press Release of 24th March states:  "Trial Chamber III of the International Criminal Tribunal for the former Yugoslavia (ICTY) today convicted Radovan Karadžić, former President of Republika Srpska (RS) and Supreme Commander of its armed forces, of genocide, crimes against humanity and violations of the laws or customs of war committed by Serb forces during the armed conflict in Bosnia and Herzegovina (BiH), from 1992 until 1995. He was sentenced to 40 years’ imprisonment.

Karadžić was convicted of genocide in the area of Srebrenica in 1995, of persecution, extermination, murder, deportation, inhumane acts (forcible transfer), terror, unlawful attacks on civilians and hostage-taking. He was acquitted of the charge of genocide in other municipalities in BiH in 1992."

Karadžić has lodged an appeal - see here

The judgment in Karadžić is analysed in this article by Andy Wilcoxson and it highlights aspects of the Tribunal's judgment concerning Slobodan Milošević.

Slobodan Milošević was a Yugoslav and Serbian politician who was the President of Serbia from 1989 to 1997 and President of the Federal Republic of Yugoslavia from 1997 to 2000.  He was indicted by the ICTY but died in March 2006 bringing the proceedings against him to an end.  The ICTY website has details of his case.

The Karadžić judgment contains various observations about Milošević.  As Wilcoxson notes:

The ICTY has determined that the late Serbian president Slobodan Milošević was not responsible for war crimes committed during the 1992-95 Bosnian war.

The Tribunal’s determination that Slobodan Milošević was not part of a joint criminal enterprise, and that on the contrary he “condemned ethnic cleansing”is of tremendous significance because he got blamed for all of the bloodshed in Bosnia, and harsh economic sanctions were imposed on Serbia as a result.

See also, Global Research 3rd August 2016.

International Court of Justice - 2007:

In 2007, the International Court of Justice (ICJ) handed down its judgment in Bosnia and Herzegovina v Serbia and Montenegro. - the "Bosnian Genocide" case - judgment and also here.  A summary of the judgment is available.  It was held (13 votes to 2) that Serbia had not committed genocide and had not conspired to do so.  Also held that Serbia had not been complicit in genocide (11 votes to 4). However, by 12 votes to 3, the court held that Serbia had violated the obligation to prevent genocide at Srebrenica in July 1995.  Further, by 14 votes to 1, Serbia had violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide by having failed to transfer Ratko Mladić, indicted for genocide and complicity in genocide, for trial by the International Criminal Tribunal for the former Yugoslavia, and thus having failed fully to co-operate with that Tribunal.  (There were some other findings).

The ICJ decision is discussed in some detail by T D. Gill (Associate Professor of Public International Law, Utrecht University) at Hague Justice Portal.

It is plain that, in the light of the Karadžić judgment as well as the Bosnian Genocide case, some reappraisal of the career of Milošević will be necessary.

No comments: