Summary of the Judgment in the Case of Radovan Karadžić

(Patria) - The Appeals Chamber of the International Residual Mechanism for Criminal Tribunals, composed of Judge Vagn Prüsse Joensen, Presiding Judge, Judge William Hussein Sekule, Judge José Ricardo de Prada Solaesa, Judge Graciela Susana Gatti Santana and Judge Ivo Nelson de Caires Batista Rosa, today rendered its judgment on the appeals filed by Radovan Karadžić and the Prosecution on 24 March 2016 against the judgment of the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY). 

Karadžić, one of the founders of the Serbian Democratic Party, who served as President of the Republika Srpska and Supreme Commander of its armed forces from 17 December 1992, was found guilty by the Trial Chamber of genocide, crimes against humanity and violations of the laws or customs of war, and sentenced to 40 years of imprisonment. 

Specifically, the Trial Chamber concluded that Karadžić bears individual criminal responsibility based on his participation in the following joint criminal enterprises: (a) the permanent removal of Bosnian Muslims and Bosnian Croats from territories claimed by Bosnian Serbs in municipalities throughout Bosnia and Herzegovina, from October 1991 to 30 November 1995 (the overarching JCE); (b) the spreading of terror among the civilian population of Sarajevo through a campaign of shelling and sniping, from late May 1992 to October 1995 (the Sarajevo JCE); (c) the elimination of Bosnian Muslims in Srebrenica in 1995 (the Srebrenica JCE); and (d) the taking of United Nations personnel hostage in order to compel NATO to refrain from conducting airstrikes against Bosnian Serb targets, from 25 May to 18 June 1995 (the hostage-taking JCE). The Trial Chamber also concluded that Karadžić bears superior responsibility in relation to some crimes committed by his subordinates in Srebrenica in 1995. 

The Appeals Chamber, by majority, Judges Joensen and de Prada dissenting, partially reversed Karadžić's convictions related to the overarching JCE to the extent they were based on certain incidents from the annex to the indictment. The Appeals Chamber unanimously dismissed all other aspects of Karadžić's appeal and affirmed his remaining convictions under Articles 7(1) and 7(3) of the ICTY Statute for genocide, persecution, extermination, murder, deportation and other inhumane acts (forcible transfer), as crimes against humanity, as well as for murder, terror, unlawful attacks on civilians and hostage-taking, as violations of the laws or customs of war, in relation to his participation in the overarching JCE, the Sarajevo JCE, the Srebrenica JCE and the hostage-taking JCE. 

The Appeals Chamber, by majority, Judge de Prada dissenting, dismissed the Prosecution's appeal, except with respect to the sentence. The Appeals Chamber granted the Prosecution's appeal against the sentence and concluded, by majority, Judges de Prada and Rosa dissenting, that the Trial Chamber committed a discernible error and abused its discretion when it imposed a sentence of only 40 years of imprisonment. The Appeals Chamber, by majority, Judges de Prada and Rosa dissenting, quashed the sentence of 40 years of imprisonment and imposed a sentence of life imprisonment on Karadžić.

Summary of the Appeals Chamber Judgment