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August 1st, 2008

Karadzic’s first appearance at The Hague - will his trial be fair?

Posted by: Timothy Heritage

karadzic.jpgRadovan Karadzic has finally appeared in public without his disguise for the first time in more than a decade. The former Bosnian Serb leader looked gaunt after 11 years on the run as he stood before a judge at a United Nations war crimes tribunal in The Hague.

Some media commentators said he was a shadow of his former self but there were still signs of defiance from the man who defied the West for so long during the 1992-95 Bosnia war. Some said his performance brought back memories of the trial of Slobodan Milosevic, the former Serbian leader who died in detention in 2006 before his trial at The Hague ended.

      Karadzic says it is unimaginable that he could get a fair trial because the world’s media have already branded him a war criminal. 

     Here’s what some of the world’s media are saying about him and his trial.

     The Paris-based International Herald Tribune said Karadzic ”seemed a shadow of the flamboyant ideologue who incited Bosnian Serbs to follow him into an ethnic war that turned into genocide.” It quoted specialists who say that prosecuting the case against Karadzic will be simpler than the case against Milosevic.    

    The Washington Post said Karadzic was purse-lipped and defiant. “In remarks cut short by the judge, the former Bosnian Serb leader suggested he would attempt to expose alleged double-dealing by the West, particularly the United States, in the wake of the 1992-95 Bosnian war. That could presage the kind of political grandstanding that former Yugoslav President Slobodan Milosevic, who also represented himself, used to sidetrack his prosecution before he died in his cell at the tribunal’s detention center in 2006.”   

     The Financial Times in London said that unlike Milosevic, Karadzic had not sought to question the court’s legitimacy but tried to score procedural points. The Independent newspaper in London said justice must be quick but ”the most difficult dilemma is how to give a fair trial to a man who wants to be tried unfairly.”  

    The Sydney Morning Herald and the Gulf Daily News highlighted Karadzic’s allegations a deal was offered by the United States. The Chinese news agency Xinhua highlighted the fact that Karadzic was gravely concerned about his life because he said the United States might be seeking to “liquidate” him.  

   An article in the Gulf Daily News also noted: “Mothers of those killed in the Srebrenica massacre sat around a television set in their small Sarajevo office and charged that Karadzic was given rights that their husbands and sons were denied.” 

    The Arab News contained an article portraying Karadzic as a “showman who always sought the limelight”.  

        What did you think of Karadzic’s appearance and what do you expect of his trial? Will it be fair? 

July 30th, 2008

Does Karadzic detention give Bashir cause for concern?

Posted by: Timothy Heritage

  An armed policeman stands guard as Karadzic is brought to The Hague                                                                                                                                     

      The extradition of former Bosnian Serb
leader Radovan Karadzic on Wednesday to
face genocide charges in The Hague sends
a signal that the international community
means business in bringing fugitives to
justice. 
    Reinforcing the same message, 
Serge Brammertz, chief prosecutor
of the International Criminal Tribunal
for the former Yugoslavia, called again
for the arrest of Bosnian Serb wartime
commander Ratko Mladic. Like Karadzic,
Mladic is accused of  genocide over the
43-month siege of Sarajevo and the 1995
massacre of some 8,000 Muslims at
Srebrenica.

    This ought to ring alarm bells for Sudan’s president, Omar
Hassan al-Bashir
, who is also accused of war crimes. But world
leaders are also sending other signals which may ease any
concerns he has that he may soon be arrested.
    Luis Moreno-Ocampo, the International Criminal Court’s (ICC)
prosecutor, has charged Bashir with masterminding a campaign of
genocide in Darfur, killing 35,000 people and persecuting 2.5
million. But the U.N. Security Council is divided over his calls
for an arrest warrant against Bashir. Some countries hope the
ICC will halt any genocide indictment in the interests of peace,
fearing any attempt to arrest him could cause more bloodshed.
    Dumisani Kumalo, South Africa’s ambassador to the United
Nations, made this clear on Tuesday as the U.N Security Council
prepared to consider a South African and Libyan proposal that it
call on the ICC’s judges to refrain from taking any action.
    “We are not saying ’stop doing it’ to the prosecutor of the
ICC,” the ambassador said. 
    “We are saying, give peace a chance, can you just give it a
year, let’s see UNAMID deployed,” Kumalo said, referring to the
U.N.-African Union peacekeeping mission in Darfur.
    UNAMID’s mandate expires on Thursday and Britain has drafted
a resolution on extending the mandate until July 31, 2009. But
South Africa and Libya want to insert a paragraph calling for a
suspension of any ICC moves. Such moves suggest Bashir, who
denies the charges against him, is unlikely to be arrested any
time soon. 

Sudan’s President Bashir waves to supporters on a tour of East Darfur on July 24 

   If arrested, Bashir would follow prominent figures such as Karadzic,
late Serbian President Slobodan Milosevic, former Liberian President
Charles Taylor and Congolese former rebel warlord and vice-president
Jean-Pierre Bemba into the dock.
    Taylor is accused by the U.N. -backed Special Court for Sierra
Leone of orchestrating rebel atrocities during Sierra Leone’s
1991-2002 conflict. Milosevic died in detention in 2006 before a
verdict was reached in his trial on genocide charges. Bemba is
accused by the ICC of leading Congolese rebels in a campaign
of rape and torture in the Central African Republic in 2002 and
2003. 
    The chances of Karadzic or Milosevic being arrested and
brought to trial initially seemed slim, but political changes in
Serbia — namely the appointment of a Western-leaning government
keen to join the European Union — helped secure his arrest.
    Bashir’s arrest is more complicated as he is a sitting head
of state. It also appears to depend heavily on political will
and political change — but are there any signs of this? Should 
Karadzic’s arrest and detention give Bashir any real cause for
concern?

July 22nd, 2008

Karadzic arrest — a chance to move on

Posted by: Timothy Heritage

Radovan Karadzic - then and now  The capture of Radovan Karadzic
after 11 years on the run is likely
to improve Serbia’s chances of joining
the European Union and enhance the
new government’s credentials with EU
leaders. It also gives ordinary Serbs hope
of a better life, 17 years after the start of
the wars that preceded the break-up of
Yugoslavia.
    Karadzic wanted Serb areas of Bosnia to be linked to a greater
Serbia at a time when Slobodan Milosevic was fanning nationalism in
Serbia. When I first met him in November 1990, he was already
warning of civil war because of what he saw as a conspiracy against
Serbs in multi-ethnic Bosnia.
    He still has some die-hard supporters in Serbia but
otherwise there is little sympathy for the man facing genocide
charges
over the deaths of about 100,000 people in the siege of
Sarajevo and 8,000 Muslims in the Bosnian town of
Srebrenica during the war.
    The U.S.-brokered Dayton peace agreement ended the war
without a clear winner, dividing the country into two
ethnic-based halves — the Muslim-Croat federation and the Serb
Republic, which have co-existed in an uneasy alliance since.
  Karadzic and Milosevic in undated photo

  Karadzic’s arrest sets the stage for a major trial at the
International Criminal Tribunal for the former Yugoslavia,
created 15 years ago to prosecute war crimes committed during
the 1992-95 Bosnia war. Milosevic, his former ally, went on
trial at the ICTY on genocide charges but died in 2003 before
the end of the trial.
    Avril McDonald, an associate lecturer at Groningen
University and a specialist on the tribunal’s proceedings, says
the Office of the Prosecutor will need to deliver a speedy and
efficient trial as the tribunal faces a deadline to wrap up
proceedings within the next couple of years. “The trial
doesn’t need to last more than a year,” McDonald said.
“They will try to get a conviction quickly.” 
    During Milosevic’s four-year trial, prosecutors called
nearly 300 witnesses and the annual budget at times ran to more
than $270 million. Milosevic chose to defend himself and used
the tribunal as a platform to advance his political views and
disrupt proceedings.
    Critics fear Karadzic could do the same. Costs will be high.
    But the arrest and trial offers many individuals a chance of
some closure on a bloody chapter in their personal lives. It
also represents an opportunity for Serbia to finally move on
after a violent period of recent history.
    “They can now begin to put the past behind them and move
forward towards Europe,” said Paddy Ashdown, who for almost four
years was peace overseer in Bosnia.

July 11th, 2008

Update-Is ICC setting its sights too high in Sudan?

Posted by: Janet McBride

bashir1.jpgOn Friday I wrote that the International Criminal Court’s chief prosecutor was readying a genocide charge and arrest warrant for Sudan’s President Omar Hassan al-Bashir.  It came to pass today. A defiant Khartoum has said it will not bend to the court and has warned of an eruption of violence; the opposition too has said the warrant could threaten peace. Is this a case of justice versus peace and do the two have to be irreconcilable?

Here’s Friday’s blog:

BashirProsecutors at the International Criminal Court are readying arrest warrants for senior Sudanese officials, possibly even President Omar Hassan al-Bashir, sources at The Hague court have told Reuters. The Washington Post said it understood Bashir would face charges of genocide and crimes against humanity.

Would the world’s first permanent international criminal court be wise to take on a serving president? There is a precedent - another war crimes court in The Hague, the International Criminal Tribunal for former Yugoslavia,  issued an indictment for Slobodan Milosevic while he was still president.

Milosevic did finally appear before the court to answer the charges, although his trial was cut short by his death. Supporters of that court said bringing top commanders to justice was essential if the Balkans were to find lasting peace.

But Sudan is not Serbia. Sudan expert Alex da Waal has warned that going after Sudanese leaders could embolden rebels in Darfur and reignite conflict. International aid organisations operating in Sudan fear a backlash.

Would it be wiser to work with Sudan’s leaders for peace rather than pursuing them through the courts? And what chance of securing arrests even if warrants are issued?