KARADZIC A NO-SHOW: HOW SHOULD THE ICTY PROCEED?

Radovan Karadzic’s ICTY trial in The Hague has begun with the accused missing in action. Presiding Judge O-Gon Kwon allowed the prosecution to make their opening statement and said that the trial would continue regardless of Karadzic’s presence. The revised indictment contains charges for nine separate criminal acts for which he faces a maximum sentence of life imprisonment. In support of these accusations, the prosecution may present hundreds of witnesses and up to 1.2 million pages of evidence. Karadzic has asked for 9 more months in order to properly prepare and defend himself, a request that has been denied by both the Trial and Appeal Chambers.

The Right to be Present: Fundamental but not Absolute

Those standing trial in front of the ICTY have the statutory right to be present at their own trials (art. 21(4)(d) ICTY Statute). Moreover, the accused is entitled to adequate time to prepare for his trial (art. 21(4)(b)). While the right to be present at one’s own trial is a fundamental one, Judge Kwon remarked on Tuesday, it is not absolute. Indeed the Human Rights Committee (see Monguya Mbenge v. Democratic Republic of the Congo, Communication No. 16/1977) confirms that one may, when voluntary and unequivocal, waive the right to be present. Karadzic had notice of the beginning of the trial and decided not to show up.

One can, however, infer his seriousness to defend himself in front…

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