The Karadzic Trial in front of the ICTY and its Influence on Serbia’s EU Bid

With Karadzic’s arrest, Serbia is fully prepared to apply for the EU membership, but still awaits UN chief prosecutor’s assessment in December, which would play a major role in whether members states would accept Serbia’s EU application since two other Serbian war criminals – Mladic and Hadzic – still remain at large.

The war crimes trial of Radovan Karadzic, one of the highest ranking officials indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) has begun late October, more than one year after his arrest.

Karadzic is charged with 11 counts of genocide, war crimes and crimes against humanity committed against Bosnian Muslim, Bosnian Croats and other non-Serb civilians during the 1992-95 conflict in Bosnia-Herzegovina in which some 100,000 people died and 2.2 million were forced to flee their homes.

Only quick, efficient, transparent and equitable trial against Karadzic can result in long awaited and much needed process of dealing with the past in the whole region.

Karadzic who decided to represent himself, refused to plead to charges and added that the ICTY did not have the jurisdiction to try him, because he was offered immunity by US Diplomat Richard Holbrooke, who negotiated the end of the Bosnian War in 1995.

Furthermore, Karadzic boycotted his trial claiming that he was denied the adequate time for preparation. In its November 5th ruling the Tribunal stated that Karadzic had “substantially and persistently obstructed the proper and expeditious conduct of his trial by refusing to attend the proceedings until such time as he considers himself to be ready despite this Chamber’s decision, upheld by the Appeals Chamber, that he has had sufficient time to prepare.” As a response, the Trial Chamber ordered the registrar of the Tribunal to appoint an attorney who would represent the interests of the indictee if he continues to refuse to appear in the court. The trial will resume in March 2010.

The trial is expected to last up to three years. However, only quick, efficient, transparent and equitable trial against Karadzic can result in long awaited and much needed process of dealing with the past in the whole region. But what is even more important for each victim as well as for the families of the deceased victims is the establishment of the truth.

In addition, Bosnian Muslims and Croats are waiting to see whether the trial against [?Radovan Karadzic} would prove that Milosevic and Serbia took part in the ethnic cleansing, as Karadzic seems to be the crucial figure for understanding of the relations in Bosnia and Herzegovina in that period. The discovery of new evidence may lead Bosnian legal experts to request a review of the International Court of Justice (ICJ) ruling that cleared Serbia of responsibility for the genocide of Bosniaks and Croats in Bosnia and Herzegovina and it may help Croatia’s genocide case against Serbia.

Karadzic Capture lifted Serbia EU Dreams

The full cooperation with the ICTY has been a prerequisite for all the countries in the region, including Serbia, for European integration. Karadzic’s arrest voiced belief that the arrest would convince the EU was fulfilling its obligations and that it would facilitate a rapprochement between the EU and Serbia.

In its most recent progress report, the European Commission said that Serbia’s cooperation with the ICTY has further improved, but that the ICTY indictees Mladic and Hadzic still remain at large. In the meantime, Serbia has announced that it would likely submit its EU application by the end of the year. But first, they must wait the UN chief prosecutor’s assessment, due in December, which would review the governments efforts in catching the indictees and it would play a major role in whether the EU member states would accept Serbia’s EU application.

Many experts have urged the EU to put more pressure on the countries in the region in order to establish and implement a clear strategy that will under no circumstances tolerate the impunity for war crimes, crimes against humanity and genocide no matter who has committed these crimes. The EU has responsibility within the accession process to demand from those countries to make the prosecution of war crimes, crimes against humanity and genocide a priority.