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PROSECUTION APPEALS AGAINST KARADZIC’S JUDGMENT AND SENTENCE




In four ground of appeal the prosecution highlights the errors of law and fact in the Trial Chamber’s judgment. The prosecution wants the appellate judges to convict Radovan Karadzic of genocide in seven municipalities in Bosnia and Herzegovina and to sentence him to life

Serge Brammertz, chief prosecutor of the TribunalSerge Brammertz, chief prosecutor of the Tribunal

The prosecution of the Mechanism for International Criminal Tribunals today filed its notice of appeal against the trial judgment in the case against the former Republika Srpska president Radovan Karadzic. In March 2016, the Trial Chamber sentenced Karadzic to 40 years in prison for genocide in Srebrenica and other crimes in the war in BH.

In the four grounds, the prosecution appeals against Karadzic’s acquittal on first count in the indictment, charging him with genocide in 1992 in the Bratunac, Foca, Kljuc, Prijedor, Sanski Most, Vlasenica and Zvornik municipalities.

In the first ground, the prosecution argues that the Trial Chamber erred in law and in fact when it failed to establish that extermination, murder and persecution on political, religious and racial grounds were part of the joint criminal enterprise aimed at the permanent elimination of Muslims and Croats from the territories of the seven municipalities. Karadzic did share the intent, the prosecution alleges.

The second ground of appeal pertains to the Trial Chamber’s finding that the substantive element of genocide in those municipalities was not proved. The prosecution argues that the trial judges erred when they found that the conditions in prison facilities were not designed to lead to the physical annihilation of parts of specific religious and ethnic groups.

The third ground of appeal refers to the Trial Chamber’s conclusion that Karadzic and other participants in the joint criminal enterprise did not act with the specific intent to commit genocide against specific ethnic and religious groups.

In its fourth ground of appeal, the prosecution presents reasons against the 40-year prison sentence, arguing that it is clearly inadequate.

Consequently, the prosecution calls on the Appeals Chamber to correct those errors of fact and law in the trial judgment, to convict Karadzic of genocide in the seven BH municipalities and to sentence him to life.




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