Karadzic on Trial

By Cyrena Khoury, November 15, 2009

: Radovan Karadzic at the ICTY. Photograph provided courtesy of the ICTY.

The trial of Radovan Karadzic, accused of masterminding the most violent episode in Europe since the Holocaust, began on October 26, 2009 at the International Criminal Tribunal for the former Yugoslavia (ICTY). Karadzic was the President of Republika Srpska and Commander of the Bosnian Serb Army during the 1992-1995 war in the Balkans, which caused nearly one hundred thousand deaths and forced approximately 2.2 million people to flee their homes. Karadzic’s indictment lists eleven counts of genocide, war crimes, and crimes against humanity. These charges stem from the role he played, along with Ratko Mladic, in leading the July 1995 attacks at Srebrenica, in which approximately 8,000 Bosnian Muslim men and boys were slaughtered in a UN “Safe Area.” Karadzic and Mladic are also accused of taking UN personnel hostage and laying siege to Sarajevo for 43 months, killing thousands of innocent civilians.

Karadzic’s eccentricities have had significant effect on his trial. Karadzic was originally indicted by the ICTY in July 1995, but did not appear before the court until July 31, 2008, following his capture in Serbia. He had been in hiding since 1996, most recently living in Belgrade and, with his background as a psychiatrist, working as an alternative healer. Initially, he refused to recognize the authority of the ICTY, forcing the court to enter a plea on his behalf in August 2008. He has continued to insist on representing himself, but has also requested the ICTY to provide him paid legal assistance. He also maintains a large staff of volunteer lawyers, researchers, former politicians, and professors.

Karadzic refused to attend the first three days of his trial, claiming he needed more time to prepare and review approximately 1.2 million pages of documents for his defense. The ICTY judges warned him repeatedly of the consequences should he continue the boycott, and Karadzic attended a procedural hearing on November 3, 2009. Days later, Judge O-Gon Kwan instructed the ICTY Registrar to assign counsel to the accused, noting that should Karadzic continue his boycott, the appointed counsel would argue on his behalf. The Judge partially granted Karadzic’s requested delay, allowing a continuance until March 2010. So far, it appears that Karadzic is basing much of his defense on his claim that U.S. Ambassador Richard Holbrooke, chief negotiator of the Dayton Accords, agreed to grant him immunity from prosecution in exchange for his resignation as the President of Republika Srpska in 1996.

Generally, commentators view Judge Kwan’s decision favorably, as the ICTY’s credibility suffered during the rambling defense of Slobodan Milosevic, who also represented himself. Karadzic’s behavior inspires a legitimate fear of similar repercussions. Judge Kwan’s decision is an attempt to balance the interests of efficiency with the accused’s right to self-representation. Its success will depend on how Karadzic proceeds during the trial.