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In his motion to the International Criminal Tribunal for the Former Yugoslavia, ICTY, Karadzic claimed that the UN Security Council did not have the powers to establish the Mechanism for International Criminal Tribunals, the body which will continue the Hague court’s work after it closes in 2016.
After the ICTY closes, the Mechanism will complete any outstanding appeals and manage the international court’s huge archive.
Karadzic said if he is convicted, the fact that his appeal would be handled by the Mechanism would deprive him of his “basic right to the review of a conviction”, which is why the indictment against him should be dismissed.
Karadzic explained that the UN Security Council founded the Mechanism in 2010 using powers which “ensure peace” but, he said, there was no continuing threat to peace and security in former Yugoslavia at that time.
“Would it be reasonable to bomb Banja Luka in 2010 because of the events that occurred in 1992-1995? Would it be reasonable to impose an economic blockade of Republika Srpska at this time as a result of the 1992-1995 events? How then can it be reasonable to employ the security council’s Chapter VII powers to create a new Tribunal to adjudicate crimes from 1992-95?” asked Karadzic in his motion.
Karadzic stated in his motion that he would have no objection to the dismissal of the indictment being suspended for 60 days to give the security council time to decide whether it wanted to restore his right to appeal before the ICTY or to allow his case to be adjudicated in the courts of the former Yugoslavia.
The former Bosnian Serb leader is on trial for genocide, crimes against humanity and violations of the laws and customs of war.
