Prosecutor v. Karadžić

IT-95-5/18-I (2013)

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Prosecutor v. Karadžić

International Criminal Tribunal for the former Yugoslavia
IT-95-5/18-I (2013)

RW

Facts

Following the early 1990s conflict between Serbian and Bosnian Croats and Bosnian Muslims in the former republic of Yugoslavia, the prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) indicted Radovan Karadžić (defendant) for numerous war crimes allegedly committed by Serbian forces under Karadžić’s command. The ICTY’s trial chamber ratified most counts of the indictment but quashed Karadžić’s indictment for genocide. The trial chamber acknowledged the overwhelming evidence that, in addition to committing mass killings, Karadžić’s forces beat, raped, tortured, and exposed Bosnian detainees to brutal and inhumane treatment on a large scale. However, the trial chamber ruled that this evidence of nonfatal mistreatment was insufficient to establish that Karadžić’s forces carried out these acts for the purpose of eliminating Bosnian Croats or Muslims as distinct groups. The evidence also indicated that Karadžić and his associates had made numerous statements publicly expressing their intent to rid Serbian-controlled territory of any Bosnian Croats and Muslims. However, the trial chamber ruled that this evidence was insufficient to establish a nexus between any alleged genocidal intent and genocidal actions against Bosnians. The prosecutor appealed to the ICTY appellate chamber.

Rule of Law

Issue

Holding and Reasoning (Meron, J.)

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