25 May Motion Filed on the Karadzic-Holbrooke Cooperation Agreement
Disclosure: I am one of Dr. Karadzic’s legal associates. This post is offered with his consent.
The defense team has just filed its definitive motion arguing that the Karadzic-Holbrooke cooperation agreement — in which Holbrooke promised Dr. Karadzic that he would not be prosecuted at the ICTY if he cooperated with the international community’s efforts to bring peace to the Balkans — requires the indictment against Dr. Karadzic to be dismissed. Contrary to many news reports, the ICTY has not squarely addressed the legal merits of that argument; its previous statements mischaracterizing the cooperation agreement as an “immunity agreement” were made in the context of disputes over discovery.
The full text of the motion, along with its 29 annexes, is available here. The motion raises a number of very complicated legal arguments concerning the enforceability of the agreement, but the annexes establish beyond all doubt that Holbrooke did, in fact, enter into the agreement with Dr. Karadzic.
UPDATE: Again proving that the media neither understands the legal issues in the case nor cares to do the reading necessary to understand them, Reuters is continuing to describe the Holbrooke-Karadzic agreement as an “immunity deal,” despite the evident fact that it’s not.