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Thursday, May 26, 2011

BREAKING NEWS: Mladic apparently arrested!

The press is announcing that war crimes suspect Radko Mladic has been arrested in Serbia. The president of Serbia has confirmed this information in a press conference. He claims that this "closes a chapter" in the history of Serbia and its cooperation with the ICTY (although he did mention that Hadzic is still out there). I think this is wishful thinking. Because 1) the turbulent history of the Balkans and Serbia's role in it will not just disappear with Mladic's rendition to the ICTY. There will be a long trial which will delay any closure for many years. and 2) is sending Mladic for trial in The Hague really the way to deal with the past? I know that the ICTY has primacy over the case, but if I were Serbia, I would actually fight that and request to try him, under international supervision, in Serbia. The trial would definitely have more meaning in my opinion.

It will also interesting to hear the world leaders praise the arrest and the fact that Maldic will be brought to justice... just weeks after they praised the killing of Bin Laden as "justice being done"...

Finally, it will of course be important to see the effect of the arrest on ongoing cases at the ICTY. Let's see Mladic, for example, prove that he is not the author of the diaries that were entered into evidence in a number of cases. Also, if I were Karadzic's counsel, I would request a suspension of his trial and a joinder of cases, given the JCE that is claimed against both of them. That would create quite a procedural mess...

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