The International Criminal Tribunal for the Former Yugoslavia has started a so-called Rule 61 hearing against Bosnian Serb leaders Radovan Karadzic and General Ratko Mladic.

Karadzic and Mladic were indicted on July 25, 1995, and warrants were issued for their arrests. They are charged with:

• Genocide, acts committed with the intent to destroy, in whole or part, a national, ethnic, or religious group.
• Crimes Against Humanity, which includes murder, rape, sexual assault and torture, committed in armed conflict as part of a widespread or systematic attack directed against a civilian population.
• Violations of the Laws or Customs of War, against persons who took no active part in the hostilities.
• Grave Breaches of the Geneva Convention of 1949, relative to the protection of civilians in time of war, including forcible sexual intercourse.

The indictments against the two were the result of a strategy that involved investigating lower-level individuals directly involved in carrying out the crimes in order to build effective cases against the military and civilian leaders who allegedly planned and organized the crimes.

The charges stem from the atrocities perpetrated against the civilian population throughout Bosnia-Herzegovina, for the sniping campaigns against civilians in Sarajevo, and for the taking of UN-peacekeepers as hostages and their use as human shields.

Despite the fact that the Federal Republic of Yugoslavia is charged with executing the arrest warrants, the two men have not yet been arrested. As a result, prosecutors are using the Rule 61 hearing to obtain "international" arrest warrants.

The Hearing
A Rule 61 hearing is necessary when the accused voluntarily eludes justice, the authorities where the warrant was issued have been unable to locate the accused, or those authorities refuse to cooperate with the tribunal.

The purpose of the hearing is to allow prosecutors to convince tribunal judges to issue an international arrest warrant. The effect of this warrant is to make the accused international fugitives, and obliges any U.N. member to arrest them. The U.N. can impose sanctions against any nation failing to make an arrest.

In order to have the warrants issued, prosecutors must show reasonable grounds for believing that Karadzic and Mladic committed the crimes with which they are charged. This is done by submitting to the judges the evidence on which the indictment was based, and calling witnesses.

This is not a hearing to determine guilt. Therefore, no defense case is presented.

Rule 61 is called "The Voice of the Victims" because it allows the alleged victims of these crimes an opportunity to testify in public and to have their testimony recorded for posterity. The tribunal creates an historical record against the accused which it hopes will encourage political leaders to adopt a "robust policy with regard to the effective arrest of the accused."

The Accused
General Ratko Mladic, a career military officer, has been commander of the Bosnian Serb Army since March of 1992. He is a former commander of the Yugoslav People's Army.

Dr. Radovan Karadzic has been president of the Bosnian Serb administration based in Pale since May of 1992. He also is the founder and president of the Serbian Democratic Party of what was then the Socialist Republic of Bosnia and Herzegovina.

The Dayton Peace Agreement bans Karadzic and Mladic from power because they are indicted war criminals. However, the two have ignored the provisions, and Karadzic has refused to remove himself as a candidate in elections scheduled for September 14.