Greater Surbiton

The perfect is the enemy of the good

The judgement on Radovan Karadzic will confirm the criminal character of Republika Srpska’s wartime leadership

KaradzicHague

This interview with me was published in Bosnian in Dnevni Avaz on 23 March

On 24 March, the tribunal in The Hague will pronounce its judgement for the case of Radovan Karadžić for war crimes and genocide. What do you expect from the judgement ? Will it bring justice for the victims ?

I expect that Radovan Karadzic will be convicted on the majority of counts, which will result in him spending the rest of his life in prison. I don’t expect him to be convicted on the first count of genocide, regarding the municipalities outside of Srebrenica – even though the ICTY Appeals Chamber ruled in 2013 on the Karadzic case that sufficient evidence existed to establish the actus reus of genocide for this count. ICTY Trial Chambers have, to date, failed to convict suspects of genocide outside of the Srebrenica massacre of July 1995. This contrasts with judges in Germany, who have, through the cases of Nikola Jorgic and Maksim Sokolovic in the 1990s, convicted suspects of genocide and related crimes in Bosnia outside of Srebrenica. The European Court of Human Rights, in dismissing Jorgic’s appeal in 2007, confirmed that crimes consistent with the international legal definition of genocide occurred in northern Bosnia in 1992. Therefore, if the ICTY, as seems likely, fails to convict Karadzic on the first count of genocide, then the victims will not have received proper justice. To this should be added the facts that, so far, no official of Serbia has yet been convicted of war-crimes in Bosnia-Hercegovina, and that the two most senior Bosnian Serb convicts to date, Biljana Plavsic and Momcilo Krajisnik, are both already free after serving relatively short terms in prison. We cannot therefore conclude that the victims have received proper justice.

What could be the consequences of the judgment for Bosnia ? Can we except tensions among the people, Bosnian Serbs and Muslims? Or could it be a step to final justice ?

The judgement is unlikely to have major consequences for Bosnia, since it is likely to confirm the established narrative about the Bosnian war. Thus, it will not provide support for those who want to deny Serb-extremist crimes altogether, nor to those who seek recognition of the genocide outside of Srebrenica. Milorad Dodik and other Serb nationalists will continue to claim that the ICTY is anti-Serb, while the victims and their representatives will continue to feel that they have not received proper justice. The judgement will at least establish definitely the criminal character of the wartime political leadership of the Republika Srpska – already indicated by the convictions of Plavsic and Krajisnik – and in that sense will provide a small step towards final justice. But final justice remains a long way in the future.

Thursday, 24 March 2016 - Posted by | Balkans, Bosnia, Former Yugoslavia, Genocide, Serbia | , , , , ,

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