Tag Archives: genocide

War crimes and show trials redux: the ICTY, Karadzic, and Kissinger

A while back I wrote this post about how war crimes trials often ending up seeming like show trials imposing the victor’s justice on their defeated foes. I also asked if any high profile defendants at war crimes trials had been acquitted, and today one has been. Bosnian Serb political leader Radovan Karadzic has been acquitted of one charge of genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY), although he still faces ten more charges of genocide, crimes against humanity, and violations of the laws or customs of war. Here’s what the ICTY said about the acquittal:

Count 1 of the Indictment charges genocide in relation to the crimes alleged to have been committed between 31 March and 31 December 1992 against the Bosnian Muslims and Bosnian Croats in some municipalities in BiH. Having reviewed the totality of the evidence with respect to the killing of, serious bodily or mental harm to, the forcible displacement of, and conditions of life inflicted on Bosnian Muslims and/or Bosnian Croats in the Municipalities, the Chamber found that the evidence even if taken at its highest, does not reach the level from which a reasonable trier of fact could infer that genocide occurred in the Municipalities.

The Chamber noted that genocidal intent can be inferred from a number of factors and circumstances, including the general context of the case, the means available to the perpetrator, the surrounding circumstances, the perpetration of other culpable acts systematically directed against the same group, the numerical scale of atrocities committed, the repetition of destructive and discriminatory acts, the derogatory language targeting the protected group, or the existence of a plan or policy to commit the underlying offence.  The Chamber noted that although it has heard evidence of culpable acts systematically directed against Bosnian Muslims and/or Bosnian Croats in the Municipalities, and of the repetition of discriminatory acts and derogatory language, the nature, scale, and context of these culpable acts do not reach the level from which a reasonable trier of fact could infer that they were committed with genocidal intent.

The Chamber found that whilst the evidence it had heard indicates that the circumstances in which the Bosnian Muslims and/or Bosnian Croats in the Municipalities were forcibly transferred or displaced from their homes were attended by conditions of great hardship and suffering, and that some of those displaced may have suffered serious bodily or mental harm during this process, this evidence does not rise to the level which could sustain a conclusion that the serious bodily or mental harm suffered by those forcibly transferred in the Municipalities was attended by such circumstances as to lead to the death of the whole or part of the displaced population for the purposes of the actus reus for genocide.

If that gave you a TL;DR moment that’s understandable. Damn legal mumbo jumbo! Basically they have said that Karadzic’s actions in relation to this specific charge haven’t crossed the threshold for genocide. I think this is a good sign. I don’t know details of the case but the fact that the court is willing to acquit on this charge shows that defendants are not effectively being convicted before they have been tried. It seems likely that he will be convicted on at least some of the other counts, especially those relating to the Srebenica, but for now the fact that a high profile case can feature an acquittal adds credibility to the international justice system. After all this was a man dubbed the “Butcher of Bosnia” by some in the Western media – not exactly a moniker which implies innocence.

However, until alleged Western war criminals also face charges in a meaningful court the charge that these trials only exist to punish the defeated cannot be ignored. How about we start with Nobel Peace Prize winner Henry Kissinger? As Christopher Hitchens famously pointed out, the case against him is pretty solid. The recent conviction of Charles Taylor for aiding and abetting crimes in Sierra Leone only strengthens the case against Kissinger by establishing a precedent which could see him convicted for even more crimes against humanity. I use Kissinger as an example simply because he’s an easy one, but there are plenty more Western leaders with similar pasts out there. Lets bring them up on war crimes charges!

I don’t think that this will ever happen but if proponents of international justice want to ensure that they are respected then they should fight for justice for all. Seems like a pretty basic principle to me. If Western governments genuinely believe these trials are fair and balanced, and that their own leaders and political figures are innocent of war crimes then why shield them from facing charges? If protecting sovereignty is the issue (a hypocritical excuse that) then they can bring the charges in their own courts. Maybe the defendant can turn up on the back of a flying pig…

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