Indictment of Radovan Karadzic, updated
Author: Hague Tribunal (ICTY)
Uploaded: Tuesday, 17 March, 2009
The latest amendments to the Karadzic indictment have significant implications for the possibility of Bosnia-Herzegovina being able to re-open its case against Serbia before the International Court of Justice
Indicted for genocide, extermination, murder, persecutions, deportation, inhumane acts, acts of violence the primary purpose of which was to spread terror among the civilian population,
unlawful attack on civilians, taking of hostages
Founding member, and President of the Serbian Democratic Party (SDS) until 19 July 1996; became Chairman of the National Security Council of the so-called Serbian Republic of Bosnia and Herzegovina (later Republika Srpska-"RS") on 27 March 1992; became the President of the three-member Presidency of the RS on 12 May 1992 and served on the Presidency until 17 December 1992; member of the Supreme Command of the RS armed forces, from on or about the 30 November 1992; the sole President of Republika Srpska and Supreme Commander of its armed forces from 17 December 1992
Crimes indicted for (examples):
• He committed in concert with others, planned, instigated, ordered and/or aided and abetted genocide against a part of the Bosnian Muslim and/or Bosnian Croat national, ethnical, and/or religious groups as such. He participated in a joint criminal enterprise (JCE) to permanently remove Bosnian Muslims and Bosnian Croats from the territories of Bosnia and Herzegovina (BiH) claimed as Bosnian Serb territory;
• He participated in a JCE to eliminate the Bosnian Muslims in Srebrenica by killing the men and boys of Srebrenica and forcibly removing the women, young children and some elderly men from Srebrenica
Persecutions, extermination, murder, deportation, inhumane acts (crimes against humanity):
• He committed in concert with others, planned, instigated, ordered and/or aided and abetted
persecutions on political and/or religious grounds against Bosnian Muslims and/or Bosnian Croats in the following municipalities: Banja Luka, Bijeljina, Bosanska Krupa, Bosanski Novi, Bosanski Petrovac, Bratunac, Brčko, Čajniče, Donji Vakuf, Foča, Hadžići, Ilidža, Ilijaš, Kalinovik, Ključ, Kotor Varoš, Novi Grad, Novo Sarajevo, Pale, Prijedor, Rogatica, Sanski Most, Sokolac, Višegrad, Vlasenica, Vogošća and Zvornik as well as persecutions of the Bosnian Muslims of Srebrenica ("Municipalities");
• He is responsible for the acts of extermination and murder that formed part of the objective to permanently remove Bosnian Muslims and Bosnian Croats from Bosnian-Serb claimed territory that were carried out between March 1992 and 30 November 1995 by members of the Serb forces and Bosnian Serb political and governmental organs, including killings during and after takeovers in the Municipalities and killings related to detention facilities in the Municipalites;
Murder, acts of violence the primary purpose of which is to spread terror among the civilian
population, unlawful attack on civilians, taking of hostages (violations of the laws or customs of war):
• Between April 1992 and November 1995, Radovan Karadžić, in concert with other members of a JCE, established and implemented a military strategy that used sniping and shelling to kill, maim, wound and terrorize the civilian inhabitants of Sarajevo, which resulted in killing and wounding thousands of civilians of both sexes and all ages, including children and the elderly.
• Between approximately 26 May 1995 and 19 June 1995, Bosnian Serb forces detained over 200 UN peacekeepers and military observers in various locations, including Pale, Sarajevo, Banja Luka and Goražde and held them at various locations in Republika Srpska. Threats were issued to third parties, including NATO and UN Commanders, that further NATO attacks on Bosnian Serb military targets would result in the injury, death or continued detention of the detainees. Some of the detainees were assaulted or otherwise maltreated during their captivity.
Born 19 June 1945, in the municipality of Šavnik, Montenegro
Initial indictment: 25 July 1995; separate (Srebrenica): 16 November 1995; amended: 31 May 2000; second amended: 16 February 2009; third amended: 26 February 2009
Arrested 21 July 2008 (announced by the Serbian authorities)
Transferred to ICTY 30 July 2008
Initial and further appearances
31 July 2008, postponed his plea for 30 days; 29 August 2008, failed to enter a plea, a plea of not guilty was entered on his behalf; 3 March 2009, failed to enter a plea, a plea of not guilty was entered on his behalf
INDICTMENT AND CHARGES
The first indictment against Radovan Karadžić and Ratko Mladić (with case number IT-95-5) was filed on 24 July 1995, confirmed on 25 July 1995 and charged them with genocide and other crimes committed against civilians throughout the territory of Bosnia and Herzegovina.
On 14 November 1995, the Prosecutor filed a separate joint indictment against the same two accused (with case number IT-95-18), which was confirmed on 16 November 1995 and dealt only with events that took place in Srebrenica in July 1995.
Consolidating the two initial indictments into one single document, an amended indictment against Radovan Karadžić (case number IT-95-5/18) was filed on 24 May 2000.
On 22 September 2008, the Prosecution filed a motion to amend the indictment seeking, among other things, to remove the charge of complicity in genocide and to divide the count of genocide in two, each new count representing a distinct time period and location. Furthermore, the Prosecution reduced the total number of municipalities in which the accused allegedly committed the crimes from 41 to 27.
On 16 February 2009, the Trial Chamber granted the Prosecution’s motion with the exception of three alleged incidents of killing, that the Prosecution sought to add, as "they were not suported by evidence."
On 17 February 2009, the Prosecution filed an urgent motion requesting the Chamber to reconsider its decision regarding one killing incident in the Sušica camp.
On 26 February 2009, the Trial Chamber reconsidered its previous decision and ordered the Prosecution to file a new indictment including the alleged incident in the Sušica camp.
The third amended indictment ("indictment") was filed on 27 February 2009. The indictment alleges that, from at least October 1991 until 30 November 1995, Radovan Karadžić participated in an overarching joint criminal enterprise ("JCE") to permanently remove Bosnian Muslim and Bosnian Croat inhabitants from the territories of Bosnia and Herzegovina claimed as Bosnian Serb territory by means which included the commission of the crimes charged in the indictment. He is alleged to share the intent for the commission of each these crimes with other members of the JCE including: Momčilo Krajišnik, Ratko Mladić, Slobodan Milošević, Biljana Plavšić, Nikola Koljević, Mićo Stanišić, Momčilo Mandić, Jovica Stanišić, Franko Simatović, Željko Ražnatović aka "Arkan" and Vojislav Šešelj.
It is further alleged that between April 1992 and November 1995, Radovan Karadžić participated in a JCE, including Momčilo Krajišnik, Ratko Mladić, Biljana Plavšić, Nikola Koljević, Stanislav Galić, Dragomir Milošević and Vojislav Šešelj, to establish and carry out a campaign of sniping and shelling against the civilian population of Sarajevo, the primary purpose of which was to spread terror among the civilian population. This objective involved the commission of the crimes of terror, unlawful attacks on civilians, and murder charged in the indictment.
The indictment further states that, commencing in the days immediately preceding the 11 July 1995 implementation of the plan to eliminate the Bosnian Muslims in Srebrenica and continuing until 1 November 1995, , Radovan Karadžić participated in a JCE to eliminate the Bosnian Muslims in Srebrenica by killing the men and boys of Srebrenica and forcibly removing the women, young children and some elderly men from Srebrenica. Other members of the JCE included: republic-level members of Bosnian Serb political and governmental organs; regional, municipal and local level members of Bosnian Serb political and governmental organs with responsibility in or for the Srebrenica, Vlasenica, Bratunac and/or Zvornik areas; commanders, assistant commanders, senior officers and chiefs of the Republika Srpska Army (VRS) and police (MUP) operating in or with responsibility over territory within the VRS Drina Corps area of responsibility and/or Trnovo municipality; and members of a Serbian MUP unit called the "Scorpions". Alternatively, some or all of these individuals were not members of the JCE, but were used by members of the JCE to cary out crimes committed in furtherance of its objective.
Radovan Karadžić, is charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:
· Genocide, persecutions extermination, murder, deportation, inhumane acts (genocide, crime
against humanity, Articles 4 and 5),
· Murder, unlawful attacks on civilians, acts of violence the primary purpose of which is to
spread terror among the civilian population, taking of hostages (violations of the laws or
customs of war, Article 3).