The decision of the President of the International Residual Mechanism for Criminal Tribunals to reject Ratko Mladić’s request seeking provisional or conditional early release on compelling humanitarian grounds represents an important confirmation that even the severe health condition of a person convicted of genocide, crimes against humanity, and war crimes cannot automatically negate the purpose of punishment for the gravest international crimes.
By rejecting the request for Mladić to receive medical treatment in Serbia, a serious danger of an organized outburst of nationalist fervor in Serbia has also been removed — one that would have accompanied his return and been exploited for renewed political and media glorification of a man finally convicted of genocide in Srebrenica, persecution, murder, terrorizing civilians, and hostage-taking.
The Mechanism explained in detail that Ratko Mladić is receiving continuous, multidisciplinary, and compassionate medical care in the United Nations Detention Unit hospital in The Hague, under the constant supervision of the medical team of the detention unit, the prison hospital, and civilian hospitals in the Netherlands.
Independent medical experts concluded that he is being treated in accordance with recognized international medical standards and the principles of modern evidence-based medicine, and that there are no elements of inhuman or degrading treatment. The Court specifically rejected claims by the defense and certain doctors from Serbia that the detention unit is incapable of providing adequate medical care.
The decision states that Mladić has been permanently accommodated in a newly built, modern prison hospital equipped to treat detainees with complex medical conditions, and that he has been provided with continuous palliative care and assistance in all daily activities.
The President of the Mechanism emphasized that there is no additional medical treatment available to Mladić in Serbia that is not available in the Netherlands. It is particularly important that the Court concluded that his continued detention in the prison hospital is neither inhuman nor cruel, nor does it constitute a violation of his dignity.
The Mechanism also detailed that Mladić has been granted extensive contact with family members and friends. From August 2025 to May 2026, he received a total of 93 visits — both in person and via video link — lasting from 30 minutes to seven hours. He has been allowed up to ten full days of family visits per month, and the detention administration has left open the possibility of additional visits, including the possibility for family members to remain with him during the final days of his life.
In its decision, the Court recalled that the purpose of punishment for international crimes is not only deterrence, but also the clear expression of the international community’s condemnation of genocide, crimes against humanity, and serious violations of international humanitarian law.
It is particularly significant that the majority of judges consulted in the proceedings concluded that Mladić is receiving the best possible care and that his continued detention in the prison hospital does not constitute inhuman, cruel, or degrading treatment. One judge supported his release due to the terminal stage of his illness, but the majority supported the President of the Mechanism’s decision to reject the request.
The Humanitarian Law Center considers the Mechanism’s decision an important response to attempts at the political rehabilitation of war criminals and a reminder that responsibility for genocide and mass crimes cannot be suppressed through nationalist mobilization and pressure on international institutions.
