After the Trial Chamber ruled that Karadzic’s motion seeking leave to inspect the prosecution archives and for disclosure of information in possession of the prosecution was sent to the wrong address, Karadzic now went directly to the prosecution, seeking documents ‘material to the preparation of his defense’


In his motion addressed to the prosecution, as instructed by the Trial Chamber, Radovan Karadzic seeks leave to inspect the prosecution archives and to get all the information in possession of the prosecution related to his purported agreement with Richard Holbrooke on 18 or 19 July 1996.

Karadzic wants the prosecution to provide him with a ‘copy of the agreement’, and documents that "tend to show the existence of a promise, representation or suggestion" that he will not be "arrested, transferred or prosecuted" at the Tribunal. Karadzic also asks for the reports and statements "reflecting the concern by the prosecution that representations made to him would affect his prosecution at the ICTY or that he would claim the existence of such agreement". Karadzic also wants to get information about the failed attempts to arrest him after 18 July 1996 and information about Richard Holbrooke’s authority to make representations to the accused on behalf of the international community. In his motion Karadzic also seeks information about the relationship between the US and the OTP, including those about the assistance the US has provided to the prosecution in personnel and resources.

Former Bosnian Serb leader maintains that the documents are ‘material to the preparation of his defense’. As Karadzic notes in the motion, part of his defense case is that he was promised in July 1996 by Richard Holbrooke that he would not have to face prosecution if he agreed to withdraw completely from public life. Karadzic claims that this promise is attributable to the Tribunal because it was made on behalf or in consultation with the member states of the Security Council.

Karadzic intends to use the information he requested to file a motion to dismiss the indictment. The fact that the agreement with Holbrooke could be attributed to the Tribunal, Karadzic concludes, ‘might suggest the legal innocence of the accused or mitigate his punishment if convicted’.

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