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Members of the UN, whom the indictee took hostage, did not actively participate in the conflict. Even if they were combatants, they were outside the fight when being captured by military and police forces, which acted on Karadzics orders and command. They had the right to protection, as per the Geneva Convention, the Prosecution said in its appeal.
It is further stated that the indictee ignored the threats to which UN members were subjected, when they were detained at the locations, which were potential targets of the North-Atlantic Treaty Organization, NATO.
Even if the indictee was convinced that the UN members were combatants, he must have known that they could not defend themselves after having been captured, said Prosecutor Alan Tieger.
In his motion filed with the Appellate Chamber of The Hague Tribunal on July 26, Karadzic said that the United Nations, UN soldiers, whom Republika Srpska Army, VRS members, captured in 1995, were not members of a protected group given the fact that they actively participated in the conflict.
According to the charges, Karadzic ordered, planned and assisted in the taking of UN military observers hostage on May 25 and 26, 1995. The indictment alleges that this was done with the aim of preventing NATO military strikes on Serb positions.
The Trial Chamber sitting in the Karadzic case previously rejected a motion filed by the indictee, who wanted to be acquitted on this count, saying that members of the UN became members of a protected group by the mere fact that they were captured. However, the Chamber allowed Karadzic to file an appeal with the Appellate Chamber.
In his appeal the indictee said that the UN members were not hostages, but prisoners of war, considering the fact that they entered into the military conflict and took the Muslims side.
Karadzic, former President and Supreme Commander of RS armed forces, is indicted for genocide, crimes against humanity and violation of the laws and customs of war committed in Bosnia and Herzegovina in the period from 1992 to 1995.
M.T.
