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Justice Against the Clock

DW staff (nda)December 13, 2007

After eight years in the job, war crimes prosecutor Carla Del Ponte has lost none of her drive. As her own tenure comes to a close, she hopes the quest for justice will be allowed to continue.

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The Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) Carla Del Ponte,
Del Ponte wants the UN to give the tribunal more time to apprehend suspects at largeImage: AP

International Criminal Tribunal for the Former Yugoslavia (ICTY) prosecutor Del Ponte called for the United Nations not to prematurely close down the war crimes court before its main suspects, former Bosnian Serb leader Radovan Karadzic and former general Ratko Mladic, have stood trial in The Hague.

The UN Security Council has stated that the ICTY should wrap up all trials by the end of 2010, following which the tribunal will be closed.

Speaking at her last press conference before handing the reins of the ICTY to the Belgian prosecutor Serge Brammertz on Jan.1, 2008, Del Ponte told reporters that the fact that Bosnian Serb leaders Mladic and Karadzic were still at large was a "stain" on the court's work. But she added that she believed that they would be apprehended and face trial on genocide charges.

Bosnian Serb leader Radovan Karadzic, left and his military commander Gen. Ratko Mladic
Bosnian Serb leader Karadzic (l.) with MladicImage: AP

"I think that Karadzic and Mladic will be here, and I hope soon with the help of the European Union," Del Ponte said. "It is not a failure ... not for me or the tribunal ... it is only a question of time. It pains me to have to talk about the fact that Mladic and Karadzic are still at large. It is a stain on our work."

However, she highlighted the fact that some 70 war criminals had been convicted in The Hague and that it had, all in all, been a success. She called on the UN to review the work of the ICTY before making a final decision.

"I hope and I believe that the Security Council will make the right decision and not close this tribunal before those two are brought to justice," she said.

Mladic, the wartime Bosnian Serb military leader, and former Bosnian Serb president Karadzic are wanted on genocide charges for the violent campaign of ethnic expulsions and persecution against Muslims and Croats during the 1991-95 war in Bosnia.

Uncompromising prosecutor who got results

Since being appointed as prosecutor at the UN criminal tribunals for the former Yugoslavia and Rwanda in 1999, Del Ponte has tracked down six of the original list of 10 fugitives on the ICTY list, with the 2001 arrest of former Yugoslav president Slobodan Milosevic undoubtedly the most important. He died in March 2006 while on trial before the ICTY for war crimes.

Her uncompromising style has been credited for many of the tribunal's successes and her recommendation to the European Union to make Serbian and Croatian accession to the EU dependent on their cooperation with the ICTY was instrumental in the apprehension of many of the suspects.

After many years as a private lawyer and as a public prosecutor fighting international organized crime, it was no surprise that Del Ponte approached her work at the ICTY with little or no fear of confrontation and openly accused Serbian authorities of not doing enough to arrest Mladic and Karadzic.

Opponents accuse Del Ponte of bias and arrogance

Her approach unsurprisingly did not sit well with some.

Del Ponte has been criticized in the countries of the former Yugoslavia for alleged arrogance and prejudice. Serbia insists that she has almost exclusively prosecuted Serbian suspects for war crimes, while turning a blind eye to the crimes of Croats and Bosnians.

Serge Brammertz
Serge Brammertz, Carla Del Ponte's successor at the ICTYImage: AP

This accusation has been dismissed by colleagues, who said that unlike her predecessors, Del Ponte split the indictments equally among the various ethnic groups.

When she stands down after eight years on the job, Del Ponte will take up a new position as Swiss ambassador to Argentina.

Serge Brammertz, who for the last two years has led the UN probe into the 2005 murder of former Lebanese premier Rafiq Hariri, will continue the hunt for Mladic and Karadzic among others for as long as the United Nations allows.