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Karadzic’s defence filed a motion to the Mechanism for International Criminal Tribunals on Wednesday arguing that Theodor Meron should not remain on the judging panel that is ruling on Karadzic’s appeal because he is biased against the defendant.
The defence motion argued that Meron has delivered conclusions at previous trials held in The Hague that are related to Karadzic and crimes committed in Srebrenica, Sarajevo and other municipalities in Bosnia and Herzegovina.
“A reasonable observer who has all the information could accept that judge Meron is biased… Karadzic, who is a psychiatrist, knows how our subconscious mind affects our decisions despite our best intentions,” the motion said.
Defence lawyer Peter Robinson said that Meron should be exempted for the sake of “the Mechanism itself, which endeavours to fight for promotion of truth and reconciliation”.
“Many people in the region will reconsider the legitimacy of the judgment if judge Meron remains a member of the chamber,” the motion suggested.
Under a first-instance verdict, Karadzic was sentenced to 40 years in prison for genocide in Srebrenica, the persecution of Bosniaks and Croats throughout Bosnia and Herzegovina, terrorising the population of Sarajevo and taking UN peacekeepers hostage.
He was acquitted of genocide in seven other Bosnian municipalities.
Both the defence and the prosecution are appealing against the verdict. The final judgment is due to be handed down at the end of this year.
Earlier this month, the Mechanism for International Criminal Tribunals accepted a request filed by Ratko Mladic’s defence to exempt three judges, including Meron, from his appeal due to alleged bias.
The UN court said that judges Meron, Daqun Liu and Carmel Agius had previously delivered certain legal conclusions related to Mladic so they were not impartial.
Mladic was also convicted of genocide and other wartime crimes. He was sentenced to life imprisonment, but is appealing against the conviction.
The final verdict on Mladic is due to be handed down next year.
