Amended Karadžić indictment submitted to judges 23 Sep 2008
The Prosecutors in the case against Radovan Karadžić have proposed a Second Amended Indictment for approval by the Trial Chamber in which they promise a "more focused and precise indictment".

Chief Prosecutor of the ICTY Serge BrammertzOn 23 September 2008, the International Criminal Tribunal for the former Yugoslavia (ICTY) announced that Trial Chamber III had received a Motion to amend the current indictment against Radovan Karadžić with a proposed ‘Second Amended Indictment’.

If confirmed by the judges, the proposed indictment would replace the operative Amended Indictment of 28 April 2000.

According to the Prosecutor’s Motion of 22 September, the proposed indictment “narrows and clarifies the Prosecution’s allegations, updates the legal and factual pleadings in the Operative Indictment, and provides more precise notice of the Prosecution’s case to the Accused.”

New counts and ‘joint criminal enterprise’

According to the proposed indictment, Karadžić remains charged with eleven counts of genocide, crimes against humanity and violations of the laws and customs of war. However, two counts have been removed (Grave breaches of the Geneva Conventions and complicity in genocide) from the current, operative indictment and two counts have been added (both counts of genocide).

The allegations in both the operative indictment and the proposed indictment relate to three principle “crime bases”: (1) a collection of municipalities located within territory claimed by the Bosnian Serbs; (2) the Sarajevo area; and (3) the Srebrenica area. Both versions of the indictment also charge Karadžić for the taking of UN personnel as hostages during May and June 1995. In relation to the locations of the crime-bases however, the newly-submitted indictment reduces the number of municipalities from 41 to an exhaustive list of 27 municipalities. 

Additionally, whereas the April 2000 indictment alleges that the former Bosnian Serb leader participated in the crimes “in concert” with others, the proposed indictment specifies joint criminal enterprise (JCE) liability as the alleged form of co-perpetration.

In its Motion, the Prosecution asserted that the new “narrower” indictment would contribute to a more “efficient and expeditious presentation” of its case. It submitted that any “minor delays” caused by the preparation of the new charges in the indictment—which the Accused will be allowed to enter new pleas to—would be “more than offset by the time savings resulting from a more focused and precise indictment.”

The three-judge panel of Trial Chamber III will now consider whether to confirm the charges in the Second Proposed Indictment so that the trial may proceed.

A starting date for the trial has not yet been set.

Radovan Karadžić: research materials


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