Later Rather Than Sooner: Time and Its Effects on the Karadžić and Mladić Trials

Iva Vukušić

doi:10.1163/15718123-bja10086

Abstract

Abstract Radovan Karadžić and Ratko Mladić, the war-time Bosnian Serb leaders, were first indicted by the UN Hague-based International Criminal Tribunal for the former Yugoslavia in 1995. The two hid for many years, with their trials starting only in 2009 and 2012, respectively, after they were apprehended in headline-generating operations. Their continued evasion of trial was constantly critiqued. After all, thousands were killed, tortured, detained, raped, expelled, and robbed during the war in Bosnia and Herzegovina, and these two men were widely seen as responsible. Pleas were made by survivors and frustration expressed on behalf of the victims, as many said, ‘justice delayed is justice denied’. However, as this article shows, the many years the two high-ranking individuals spent hiding were well-used to collect evidence which led to their convictions and life sentences. Contrary to conventional wisdom, delay can actually be beneficial in prosecuting leaders for atrocity crimes.

Highlights

The maxim ‘justice delayed is justice denied’ is frequently invoked when discussing atrocity crimes and efforts to achieve some accountability for the most heinous acts of violence
Delay can be beneficial in prosecuting leaders for atrocity crimes
I will present some of those benefits, and challenge conventional wisdom, by analyzing two important trials at the International Criminal Tribunal for the former Yugoslavia.[1]

Summary

Introduction

The maxim ‘justice delayed is justice denied’ is frequently invoked when discussing atrocity crimes and efforts to achieve some accountability for the most heinous acts of violence. I will present some of those benefits, and challenge conventional wisdom, by analyzing two important trials at the International Criminal Tribunal for the former Yugoslavia (icty).[1] The accused in both cases were high-ranking Bosnian Serb leaders, charged with a litany of crimes committed during the 1992–1995 war in Bosnia and Herzegovina, which resulted in the death and disappearance of around 100 000 citizens.[2] The first, the politician Radovan Karadžić and the second, his military counterpart, general Ratko Mladić.

Evidence in Atrocity Crime Trials

Key Evidence in the Karadžić and Mladić Trials

Benefits and Challenges of the Passage of Time

Findings

Conclusion