List of Bosnian genocide prosecutions
Encyclopedia
This is a list of prosecutions bought against states and individuals for the crime of genocide
in Bosnia
. Also, several civil law
cases that are being conducted before The Hague District Court in the Netherlands, and two that have been decided in United States
are also listed.
(ICJ) Judgement returned on 26 February 2007.
The case before the International Court of Justice
(ICJ), the United Nations's
highest judicial body, which exclusively hears disputes between states, related to Serbia's alleged attempts to wipe out the Bosnian Muslim population of Bosnia. It was filed by Dr. Francis Boyle
, an adviser to Alija Izetbegović
during the Bosnian War
. The case was heard in the ICJ court in The Hague
, Netherlands
, and ended on 9 May 2006.
The ICJ presented its judgment on 26 February 2007, in which it confirmed the ICTY judgment that the Srebrenica massacre was genocide, stating:
The Court found that Serbia was neither directly responsible for Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed the breach the Genocide Convention by failing to prevent the Srebrenica genocide, for not cooperating with the ICTY in punishing the perpetrators of the genocide, in particular in respect of General Ratko Mladić
, and for violating its obligation to comply with the provisional measures ordered by the Court.
(ICTY) had passed legally binding verdicts against six people indicted for genocide and crimes committed in Srebrenica since 1993. Trials against seven indictees are ongoing, and three are still to start.
was indicted for genocide, crimes against humanity and violations of the laws or customs of war, based on his alleged role in the events in and around the Bosniak enclave of Srebrenica between 11 July 1995 and 1 November 1995 at the ICTY. On August 2, 2001, after the Trial Chamber was convinced beyond any reasonable doubt that a crime of genocide was committed in Srebrenica, it had convicted Krstić of genocide
, who became the first person thus convicted before the Tribunal, and sentenced him to 46 years in prison. The Appeals Chamber had, after upholding the Trial Chamber's finding that Bosnian Serb forces had carried out genocide in Srebrenica, among other things, reduced Krstić’s responsibility for genocide and for the murder of the Bosnian Muslims from that of a direct participant to that of an aider and abettor, and shortened his sentence to 35 years in prison. Krsić was subsequently transferred to the United Kingdom to serve his prison sentence at Wakefield Prison, but was later transferred to Long Lartin Prison.
The Trial Chamber made its ruling on 10 June 2010, by which it stated that "[t]he scale and nature of the murder operation, the targeting of the victims, the systematic and organized manner in which it was carried out, and the plain intention to eliminate every Bosnian Muslim male who was captured or surrendered proves beyond reasonable doubt that members of the Bosnian Serb Forces, including members of the VRS Main Staff and Security Branch, intended to destroy the Muslims of Eastern Bosnia as a group."
As for the individual criminal responsibility the Chamber made the following rulings:
crimes against humanity:
(aka: 'Chemical Tolimir'), long time fugitive and a former Assistant Commander for Intelligence and Security of the Army of Republika SrpskaVRS Main Staff who reported directly to the Commander of the Main Staff, Ratko Mladic, and who had been indicted by the Prosecutor of the ICTY on genocide charges in the 1992–95 Bosnia war was arrested by Serbian and Bosnian police. Tolimir is infamous for issuing request to use chemical weapons during genocide to gas civilians so Bosnian troops could surrender. Tolimir is thought to be one of the main organisers of the network helping top war crimes indictee Ratko Mladic elude justice.
Radovan Karadzic
(accused of genocide and complicity in genocide in several municipalities within Bosnia and Herzegovina, including but not limited to: Bijeljina, Bratunac
, Bosanski Šamac, Brčko, Doboj
, Foča
, Ilijaš
, Ključ
, Kotor Varoš, Bosanski Novi, Prijedor, Rogatica
, Sanski Most, Srebrenica, Višegrad
, Vlasenica
, Zavidovići
and Zvornik. Karadzic was arrested
in Belgrade
on 21 July 2008, and was transferred into the ICTY custody in the Hague nine days later on 30 July. Karadzic declined to enter a plea at his first appearance before the war crimes tribunal on 31 July 2008, a formal plea of "not guilty" was then made on his behalf by the judges. Karadzic insists on defending himself (as he is entitled to under the United Nations court's rules) while at the same time is setting up a team of legal advisers.
Ratko Mladic
was indicted On July 24, 1995 (amended on 10 October 2002) by the Prosecutor ICTY and accused of genocide and complicity in genocide in several municipalities within Bosnia and Herzegovina, including Ključ, Kotor Varoš, Prijedor, Sanski Most, Srebrenica, Banja Luka, Bosanska Krupa, Bratunac, Vlasenica and Zvornik. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia
(ITCY).
Found guilty of other crimes
, has been found guilty of genocide. Since 2003 no indictments were filed for genocide before the local courts of Bosnia and Herzegovina, other than the Court of Bosnia and Herzegovina.
, stating that "investigations have not shown elements of genocide for any other areas [than Srebrenica]". Many analysts, indicate that the reasons for that lie in the fact that prosecutors are not willing to stray from the case law of ICTY, but Erna Mackic writing in BIRN BiH in November 2009 stated that "some rights activists believe this may change" once the ICTY trial of Radovan Karadžić
is over.
On 29 July 2008, after a two-year trial, the Section I for War Crimes of the Court of Bosnia and Herzegovina found seven men guilty of genocide for their role in the Srebrenica massacre
including the deaths of 1000 Bosniak men in a single day. In the trial verdict the Court found that the accused Milenko Trifunović, Aleksandar Radovanović, Brano Džinić, Slobodan Jakovljević and Branislav Medan, by their actions as co-perpetrators (not as members of JCE
), committed the criminal offence of Genocide
in violation of Article 171(a) in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH (CC of BiH), while the Accused Miloš Stupar was found guilty of the criminal offence of Genocide under the command responsibility, in violation of Article 171(a) in conjunction with Article 180 (2) of the CC of BiH, since he acted with genocidal intent when failing to punish his subordinates. The court found that Bosniak men trying to escape from Srebrenica had been told they would be kept safe if they surrendered. Instead, they were transported to an agricultural co-operative in the village of Kravica
, and latter executed en masse.
Found guilty of genocide (29 July 2008)
Acquitted
Finally, the Appellate Panel underlined that it is "indisputable that genocide was committed in Srebrenica in July 1995. Due to its nature, that crime could not have been committed by a single individual, but it had to include an active participation of a number of persons, each of whom having a role. However, it is evident that not all participants in the events in Srebrenica at the referenced time acted with the identical state of mind, nor did they take the same actions."
Stupar, who allegedly acted as the Commander of the 2nd Šekovići Detachment of the Special Police, was charged for the crime of genocide under the command responsibility since he allegedly failed to take the necessary and reasonable measures to prevent members of his Detachment from taking part in the perpetration of genocide in Srebrenica, and following the perpetration of the offense he failed to take the necessary steps to punish them.
Stupar was found guilty in the first instance verdict, of 29 July 2009, but the Appellate Panel of the Section I for War Crimes, by its verdict on 9 September 2009, modified the trial verdict in its sentencing part and, among other things, ordered a retrial with regards Stupar before the panel of the Appellate Division of Section I of the Court of Bosnia and Herzegovina. The Appellate Division made its verdict on 5 May 2010 by which it had acquired Stupar of all charges, since he was not de facto or de jure Commander of the 2nd Šekovići Detachment of the Special Police and since he did not have the effective control over the perpetrators of the crimes.
Milorad Trbić, a former reserve Captain of the Zvornik brigade of the army of the Republika Srpska, was charged with genocide pursuant to Article 171 of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group. On 16 October 2009 Court of Bosnia and Herzegovina, in a first instance verdict, found Milorad Trbić directly responsible for the crimes he committed as part of a joint criminal enterprise to destroy all the Bosniaks brought into his area of responsibility during the period following the fall of Srebrenica. The Court sentenced Trbić for his participation in the crimes to thirty years imprisonment. The Appellate Panel of the Court confirmed the verdict and the sentence.
On 21 October 2008 the Court issued a Decision on the joinder of cases of Radomir Vuković (X-KR-06/180-2) and Zoran Tomić (X-KR-08/552), and the main trial commenced on 4 December 2008. Both were charged with the criminal offense of genocide, and both pleaded not guilty. On 22 April 2010 the Court of Bosnia and Herzegovina pronounced the first-instance verdict finding both the accused guilty of knowingly assisting in the perpetration of the crime of genocide because, as members of the special police force of the 2nd Detachment of the Šekovići Special Police of the Republika Srpska MUP, they participated in keeping the road passable during the transportation of Bosniaks by trucks and buses, for later capturing a large number of Bosniak makes who attempted to escape from the UN Safe Area and taking them to Kravica Farming Cooperative where they participated in their execution. They were each sentenced to a long term imprisonment of 31 years. On 11 May 2011 the Panel of the Court's Appellate Division of Section I for War Crimes, following a public session, delivered the Appellate Decision revoking the Trial Verdict and ordering a retrial before the Appellate Panel.
The accused Momir Pelemiš acted as Deputy Commander of the 1st Battalion of the 1st Zvornik Infantry Brigade (1st Battalion), and as Acting Commander of the 1st Battalion in the time period between July 9 and 21, 1995, whereas in the time period between July 14 and 17, 1995, the accused Slavko Perić acted as Assistant Commander for Security and Intelligence in the 1st Battalion. The Court confirmed the Indictment against the accused on 28 November 2008, charging both the accused for genocide. At a plea hearing before Section I for War Crimes of the Court, held on 16 January 2009, the both of the accused pleaded not guilty, and the main trial commenced on 10 march 2009.
On 31 October 2011 the Trial Panel of the Section 1 of the Court of Bosnia and Herzegovina announced the first-instance Verdict sentencing Momir Pelemiš and Slavko Perić to 16 and 19 years of prison respectively for the criminal offense of genocide, finding that the accused knowingly provided assistance to members of the joint criminal enterprise aimed at killing the able-bodied Bosniak men from Srebrenica, during a widespread and systematic attack carried out on the UN safe area in Srebrenica between 10 July and 1 November 1995 by members of the Republika Srpska Army and the RS MUP.
, when considering whether the Srebrenica massacre met the United Nations
Convention on the Prevention and Punishment of the Crime of Genocide
requirement of "in part".
n Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca
.
) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgic
, a Bosnian Serb from the Doboj
region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment
for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica.
On 12 July 2007, European Court of Human Rights
dismissed Nikola Jorgic
appeal, but highlighted that the German courts had interpreted the German domestic law on genocide more broadly than the more recent rulings by the ICTY and the ICJ.
The ECHR having reviewed the case and the more recent international rulings on the issue held that "the [German] courts' interpretation of 'intent to destroy a group' as not necessitating a physical destruction of the group, which has also been adopted by a number of scholars [...], is therefore covered by the wording, read in its context, of the crime of genocide in the [German] Criminal Code and does not appear unreasonable", and thus it concluded that "while many authorities had favored a narrow interpretation of the crime of genocide, there had already been several authorities at the material time which had construed the offence of genocide in the same wider way as the German courts" and that "[Jorgic], if need be with the assistance of a lawyer, could reasonably have foreseen that he risked being charged with and convicted of genocide for the acts he had committed in 1992.", and for this reason the court rejected Jorgic's assertion that there had been a breach of Article 7 (no punishment without law) of the European Convention on Human Rights
by Germany.
) in 1992. Qualification of his crimes was changed to complicity in genocide on appeal, but his sentence was unaltered. It has been argued by some legal scholars that the "courts have taken a relatively extensive view" with regards the mental element of genocide in that case.
On 11 January 2006 Kušljić filed an appeal before the Constitutional Court of Bosnia and Herzegovina
claiming that his fair trial rights were violated when it was not made possible for him to participate in the procedure before the Ministry of Civil Affairs and Communications of B&H and Ministry of Foreign Affairs of B&H, when it was decided that B&H would not request his extradition regarding the criminal procedure against him for genocide, although in his view B&H had jurisdiction, since he did not even know the procedure was underway. The Court dismissed his appeal for being ratione materiae incompatible with the Constitution of Bosnia and Herzegovina
.
filed an indictment against Cvjetković for genocide and genocide through aiding and abetting pursuant to §321 (1) first and fourth alternative of the Criminal Code of Austria related to murder and forcible transfer and §12 third alternative of the StGB related to aiding and abetting, murder pursuant to §75 of the Criminal Code of Austria and murder through aiding and abetting pursuant to §§12 third alternative, 75 of the Criminal Code of Austria as well as arson through aiding and abetting pursuant to §12 third alternative, 169 (1) of the Criminal Code of Austria. He was subsequently acquitted by a jury.
and the family of Rizo Mustafić, an electrician who worked for the UN Battalion at Srebrenica, have filed a criminal complaint requesting that genocide charges be brought against three Dutch military officials: commander Thom Karremans, his deputy Rob Franken and second in command Berend Oosterveen, because Nuhanović's family members were forced out of UN compound (his father and brother were killed subsequently), as well as Mustafić who is still missing. The public prosecutor in The Netherlands has decided to open an investigation pursuant to the criminal complaint.
, a human rights non-governmental organization from the Republic of Serbia, filed a criminal complaint with the Office of the War Crimes Prosecutor of the Republic of Serbia against an unspecified number of members of the former Army of the Republika Srpska (VRS) for the alleged commitment of the war crime of genocide in Srebrenica, according to Article 14 of the Criminal Code of the Federal Republic of Yugoslavia (KZ SRJ) with regards to Article 22 of the KZ SRJ as co-perpetrators.
, and of discrimination in connection with these rights under Article II(2)(b) of the Human Rights Agreement set out in Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina. The applicants alleged that they as close family members, either directly or
indirectly, were themselves victims of alleged or apparent human rights violations resulting from the lack of specific information on the fate and whereabouts of their
relatives last seen in Srebrenica in July 1995. They requested the authorities to bring the perpetrators to justice, and most also requested compensation for their suffering in an unspecified amount.
The Chamber relied on the Krstić trial judgment for the historical context and underlying facts, although it only utilized those factual portions of the Krstić judgment which were not included in the appeal that was underway at the time of the Chamber's decision. In its decision the Chamber concluded that Republika Srpska
's failure to make accessible and to disclose information requested by the applicants about their missing relatives constituted a violation of its positive obligations to secure respect for their rights to private and family life, as guaranteed by Article 8 of the European Convention. Also, it held that Republika Srpska's failure to inform the applicants about the truth of the fate and whereabouts of their missing relatives, including conducting a meaningful and effective investigation into the massacre at Srebrenica in July 1995, violated their rights to be free from inhuman and degrading treatment, as guaranteed by Article 3 of the European Convention. Finally, the Chamber concluded that in failing to fulfill its obligations owed to the applicants under the European Convention, the Republika Srpska had discriminated against the applicants due to their Bosniak origin.
As for the reparations, the Chamber ordered Republika Srpska to disclose any
information it had on the fate of the applicants relatives; to release
any missing persons it had in custody; to conduct a full and meaningful
investigation of the role of its authorities and armed forces in the Srebrenica
massacre, its efforts to cover up the crime, and the fate of the missing persons,
and to publish this report within six months of the decision; to publish
the decision of the Chamber in the Serbian language in its Official Gazette; and to make a total donation of 4.000.000 Convertible Marks to the Srebrenica Genocide memorial
.
for various atrocities "carried out by Bosnian-Serb military forces as part of a genocidal campaign
". The district court dismissed both cases claiming that named statutes required "state action", however the court of appeals revised and remanded that judgment, stating that "Karadžić may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process". Karadžić was personally served with summons and complaint in each action during his visits to U.N. in New York, and he actively participated through his lawyers in the proceedings (Ramsey Clark
, as his attorney), until the Supreme Court of the United States denied his request to review the decision of the court of appeals. In 2000, the district court entered order of default in Kadić v. Karadžić, after which the case proceeded to a damages phase in which the jury returned a verdict of US$ 745 million (US$ 265 million in compensatory damages and US$ 480 million in punitive damages), which was then incorporated in the judgment of the court, in favour of fourteen plaintiffs. The court also issued a permanent injunction by which Karadžić and his subordinates were enjoined and restrained from committing or facilitating "any acts of 'ethnic cleansing' or genocide (...) or any other act committed in order to harm, destroy or exterminate any person on the basis of ethnicity, religion and/or nationality". In the same year, in Doe v. Karadžić, the court decided in favour of twenty-one plaintiffs, and awarded them US$ 407 million in compensatory damages and US$ 3.8 billion in punitive damages. As of 2008 the plaintiffs did not receive damages. Deputy High representative for Bosnia and Herzegovina, Raffi Gregorian, stated that OHR
was considering ways of confiscating Karadžić's property, including that of his closest relatives and network of his supporters, and that EUFOR had taken measurements of his family house in Pale.
and the United Nations
.
One case is headed by a team of 14 attorneys of Dutch law firm Van Diepen Van der Kroef, which is representing 11 plaintiffs including the foundation "Mothers of the Enclaves of Srebrenica and Žepa" (which represents 6,000 relatives of the victims), who asked the court, inter alia, to grant a judicial declaration that the UN and the State of the Netherlands breached their obligation to prevent genocide
, as laid down in Genocide Convention and to hold them jointly liable to pay compensation for the loss and injury suffered by plaintiffs as well as damages yet to be determined by the court, and to settle these according to law. On the 10 July 2008, the court ruled that it had no jurisdiction against the UN, however the proceedings against the State of the Netherlands continued. Plaintiffs have appealed the judgment (in relation to UN immunity), and first public hearings relating to this issue were held on 28 January 2010. The decision by the Court was made on 30 March 2010, by which the UN's absolute immunity was upheld. Plaintiffs have appealed this judgment as well.
The second case concerns a former UN interpreter, Hasan Nuhanović
, and the family of Rizo Mustafić, an electrician who worked for the UN Battalion at Srebrenica. Nuhanović filed a suit against the State of the Netherlands in front of the District Court in The Hague claiming that Dutch troops within the UN peacekeeping contingent that were responsible for security in the then Srebrenica protected zone, allowed VRS
troops to kill his family (brother, father and mother), while the family of Mustafić filed the suite because he was killed in similar circumstances. The liability of the state of the Netherlands was based on the opinion that the Dutch Government
(Minister of Defense) had the de facto operational command of the battalion, as established by the Dutch Constitution (Article 97(2)), which grants the government superior command ("oppergezag") over Dutch military forces. On 10 September 2008, the Hague District Court ruled against the plaintiffs, noting that the state of the Netherlands cannot be held responsible for the acts or omissions of Dutchbat, since that contingent of troops was made available to the UN and, as a matter or principle, any of its acts are to be attributed strictly to the UN. At the same time it found that the acts of Dutchbat cannot be concurrently attributed to the Netherlands since, in the view of the Court, no evidence was presented that the Dutch government "cut across the United Nations command structure" by ordering the contingent to ignore or disobey UNPROFOR orders. On 5 July 2011, upon the appeal of the plaintiffs, the Dutch Appellate court held that the Netherlands was responsible for the three deaths indicated in the claim, and that it owns damages to the plaintiffs.
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
in Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
. Also, several civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
cases that are being conducted before The Hague District Court in the Netherlands, and two that have been decided in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
are also listed.
Bosnian Genocide Case
The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), case 91, International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ) Judgement returned on 26 February 2007.
The case before the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ), the United Nations's
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
highest judicial body, which exclusively hears disputes between states, related to Serbia's alleged attempts to wipe out the Bosnian Muslim population of Bosnia. It was filed by Dr. Francis Boyle
Francis Boyle
Francis Anthony Boyle is a professor of international law at the University of Illinois College of Law. Boyle received a A.B. in Political Science from the University of Chicago, then a J.D. degree magna cum laude from Harvard Law School, and A.M. and Ph.D. degrees in Political Science from...
, an adviser to Alija Izetbegović
Alija Izetbegovic
Alija Izetbegović was a Bosniak activist, lawyer, author, philosopher and politician, who, in 1990, became the first president of Bosnia and Herzegovina. He served in this role until 1996, when he became a member of the Presidency of Bosnia and Herzegovina, serving until 2000...
during the Bosnian War
Bosnian War
The Bosnian War or the War in Bosnia and Herzegovina was an international armed conflict that took place in Bosnia and Herzegovina between April 1992 and December 1995. The war involved several sides...
. The case was heard in the ICJ court in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, and ended on 9 May 2006.
The ICJ presented its judgment on 26 February 2007, in which it confirmed the ICTY judgment that the Srebrenica massacre was genocide, stating:
The Court found that Serbia was neither directly responsible for Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed the breach the Genocide Convention by failing to prevent the Srebrenica genocide, for not cooperating with the ICTY in punishing the perpetrators of the genocide, in particular in respect of General Ratko Mladić
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...
, and for violating its obligation to comply with the provisional measures ordered by the Court.
International Criminal Tribunal for the former Yugoslavia
As of 9 May 2007 the International Criminal Tribunal for the former YugoslaviaInternational Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY) had passed legally binding verdicts against six people indicted for genocide and crimes committed in Srebrenica since 1993. Trials against seven indictees are ongoing, and three are still to start.
Krstić case
In 1998 General-Major Radislav KrstićRadislav Krstic
Radislav Krstić was the Deputy Commander and later Chief of Staff of the Drina Corps of the Army of Republika Srpska from October 1994 until 12 July 1995...
was indicted for genocide, crimes against humanity and violations of the laws or customs of war, based on his alleged role in the events in and around the Bosniak enclave of Srebrenica between 11 July 1995 and 1 November 1995 at the ICTY. On August 2, 2001, after the Trial Chamber was convinced beyond any reasonable doubt that a crime of genocide was committed in Srebrenica, it had convicted Krstić of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, who became the first person thus convicted before the Tribunal, and sentenced him to 46 years in prison. The Appeals Chamber had, after upholding the Trial Chamber's finding that Bosnian Serb forces had carried out genocide in Srebrenica, among other things, reduced Krstić’s responsibility for genocide and for the murder of the Bosnian Muslims from that of a direct participant to that of an aider and abettor, and shortened his sentence to 35 years in prison. Krsić was subsequently transferred to the United Kingdom to serve his prison sentence at Wakefield Prison, but was later transferred to Long Lartin Prison.
Popović et al. case
At the ICTY, the trial of several senior Serb military and police officers facing charges ranging from genocide to murder and deportation for the crimes committed in Srebrenica began 14 July 2006. Their names are:- Ljubiša BearaLjubiša BearaLjubiša Beara is a Bosnian Serb who participated in the War in Bosnia and Herzegovina. He was Colonel and Chief of Security of the Bosnian Serb Army Main Staff....
, was charged with one count of genocide or alternatively, complicity to commit genocide, four counts of crimes against humanity and One count of violations of the laws or customs of war. As Chief of Security of the Main Staff of the Bosnian Serb Army (VRS) he "had responsibility for dealing with captured Bosnian Muslim prisoners from Srebrenica from 11 July 1995 until 1 November 1995". He was transferred to the ICTY on 10 October 2004 and made an initial appearance on 12 October 2004, when did not enter a plea. On further appearances on 9 November 2004 and 11 November 2004, he pleaded not guilty to the counts of the Indictment. - Ljubomir Borovčanin, was charged with one count of complicity in genocide, four counts of crimes against humanity and one count of violations of the laws or customs of war, because the Prosecutor of the ICTY "alleges that Ljubomir Borovcanin was present in and around the areas of Bratunac, Potocari, Sandici, Kravica, Srebrenica and Zvornik from 11 July to 18 July 1995. Units under his command were deployed in and around the areas of Potocari, Sandici, Kravica and Zvornik from 12 July to 18 July 1995. In the several days following the attack on Srebrenica, the VRS and Ministry of the Interior ("MUP") forces captured, detained, summarily executed, and buried over 7,000 Bosnian Muslim men and boys from the Srebrenica enclave, and forcibly transferred the Bosnian Muslim women and children of Srebrenica out of the enclave. The Indictment against Ljubomir Borovcanin refers to his alleged involvement in: opportunist killings in Potocari, opportunistic killings in Bratunac, wide-scale and organised killings in Potocari and Tisca, killings and mistreatment of prisoners captured along the Bratunac/Milici road and wide-scale and organised killings in the Zvornik area, as well as other opportunistic killings. Ljubomir Borovcanin, together with other VRS and MUP officers and units as identified in this Indictment, was a member of and knowingly participated in a Joint Criminal EnterpriseJoint Criminal EnterpriseJoint criminal enterprise ' is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav wars 1991-1999....
, the common purpose of which was, among other things: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995". He was transferred to the ICTY in the Hague on 1 April 2005. - Drago NikolićDrago NikolićDrago Nikolić is a Bosnian Serb who participated in the War in Bosnia and Herzegovina. He was the 2nd Lieutenant who served as Chief of Security for the Zvornik Brigade of the Bosnian Serb Army....
,was a 2nd Lieutenant who served as Chief of Security for the Zvornik Brigade of the VRS and reported to Vinko Pandurevic. He was accused by the prosecutor at the ICTY of aiding and abetting genocide, extermination, murder, persecutions, forcible transfer, deportation. He surrendered on 15 March 2005 and was transferred to the ICTY on 17 March 2005. On 23 March 2005, did not enter a plea. On 20 April 2005 he pleaded not guilty to all charges and again on 4 April 2006. - Vinko Pandurević, was a Lieutenant Colonel in command of the Zvornik Brigade of the Drina Corps of the VRS. He was accused by the prosecutor at the ICTY for aiding and abetting genocide, extermination, murder, persecutions, forcible transfer, deportation. He surrendered on 15 March 2005 and was transferred to the ICTY on 17 March 2005. On 23 March 2005, he did not enter a plea. On 20 April 2005, pleaded not guilty to all charges; and again on 4 April 2006, pleaded not guilty to all charges.
- Vujadin PopovićVujadin PopovićVujadin Popović is a Bosnian Serb who participated in the War in Bosnia and Herzegovina. He was Lieutenant Colonel and the Chief of Security of the Drina Corps of the Bosnian Serb Army....
, was charged "with Genocide or Complicity in Genocide; Murder, Persecutions, Forcible Transfer and Inhumane Acts as Crimes Against Humanity; and Murder as a Violations of the Laws or Customs of War ... During the VRS attack on the Srebrenica enclave and the subsequent killings and executions of Bosnian Muslim men, Vujadin Popovic was a Lieutenant Colonel and was the Assistant Commander of Security on the staff of the Drina Corps. He was present and on duty in the Drina Corps zone of responsibility, which included Srebrenica, Potocari, Bratunac and Zvornik, from 11 July to 31 August 1995".
Trial verdicts
The Trial Chamber made its ruling on 10 June 2010, by which it stated that "[t]he scale and nature of the murder operation, the targeting of the victims, the systematic and organized manner in which it was carried out, and the plain intention to eliminate every Bosnian Muslim male who was captured or surrendered proves beyond reasonable doubt that members of the Bosnian Serb Forces, including members of the VRS Main Staff and Security Branch, intended to destroy the Muslims of Eastern Bosnia as a group."
As for the individual criminal responsibility the Chamber made the following rulings:
- Vujadin Popović - found guilty, of genocide, and crimes against humanity: commissioned murder (also a war crime), commission of extermination, commission of the crime of persecution through murder and cruel and inhumane treatment (the commission of murder, extermination and persecution were all carried out as part of a Joint Criminal EnterpriseJoint Criminal EnterpriseJoint criminal enterprise ' is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav wars 1991-1999....
). He was found not guilty of the following crimes against humanity: inhumane acts (forcible transfer) and deportation. He was sentenced to life imprisonment. - Ljubiša Beara - found guilty of genocide, conspiracy to commit genocide, and crimes against humanity: commission of extermination, commission of extermination, and commission of murder (the last was also a war crime). He was found not guilty of the following crimes against humanity: inhumane acts (forcible transfer) and deportation. He was sentenced to life imprisonment.
- Drago Nikolić - found guilty of aiding and abetting genocide, and guilty of crimes against humanity: extermination, persecution and murder (the last also a war crime). He was found not guilty on counts of conspiracy to commit genocide, and the crimes against humanity of: inhumane acts (forcible transfer) and deportation. He was sentenced to 35 years of imprisonment.
- Ljubomir Borovčanin - found guilty of aiding and abetting crimes against humanity: extermination, persecution, inhumane acts (forcible transfer) and murder (the last also a war crime). He was found guilty, under his superior responsibility, on counts of murder, as a crime against humanity and murder, as a violation of the laws or customs of war. He was fount not guilty on counts of genocide, conspiracy to commit genocide and deportation, a crime against humanity. He was sentenced to 17 years imprisonment.
- Radivoje Miletić - found guilty, through committing, on counts of murder, as a crime against humanity, persecution, as a crime against humanity and inhumane acts (forcible transfer), a crime against humanity. He was found not guilty on counts of murder, as a violation of the laws or customs of war and deportation, a crime against humanity. He was sentenced to 19 years imprisonment.
- Milan Gvero - found guilty, through committing, on counts of persecution, as a crime against humanity and inhumane acts (forcible transfer), a crime against humanity. He was found not guilty on counts of murder, as a crime against humanity, murder, as a violation of the laws or customs of war and deportation, a crime against humanity. He was sentenced to 5 years imprisonment.
- Vinko Pandurević - found guilty, through aiding and abetting, on counts of murder, as a crime against humanity, murder, as a violation of the laws or customs of war, persecution, as a crime against humanity and inhumane acts (forcible transfer), a crime against humanity. He was found guilty, as a superior, on counts of murder, as a crime against humanity and murder, as a violation of the laws or customs of war. He was fount not guilty on counts of genocide, conspiracy to commit genocide, extermination, as a crime against humanity and deportation, a crime against humanity. He was sentenced to 30 years imprisonment.
Genocide convictions overturned on appeal
- Vidoje BlagojevićVidoje BlagojevicVidoje Blagojević is a former commander of the Bratunac Brigade of the Republika Srpska Army who is serving a 15 year sentence for his involvement in the Srebrenica massacre...
(Srebrenica) is a former commander of the Bratunac Brigade of the Republika Srpska Army. He was captured on August 10, 2001 and soon interred at the ICTY at the Hague. Blagojević was tried along with Dragan Jokic. Both pleaded not guilty. In January 2005 Blagojević was acquitted of the charge of extermination as a crime against humanity, however he was found guilty of the five other charges, including complicity to commit genocide and war crimeWar crimeWar crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s. He was sentenced to 18 years in prison. On May 9, 2007 the ICTY's appeals court reversed the genocide conviction and reduced his sentence to 15 years which he is currently serving in prison.
Plea bargains
Individuals indicted by ICTY for genocide in which such charges were withdrawn, with the accused pleading guilty tocrimes against humanity:
- Momir NikolicMomir NikolicMomir Nikolic, ethnic Bosnian Serb was born in Hrancin, Bratunac, Bosnia and Hercegovina, on February 20, 1955. He was Assistant Chief of Security and Intelligence for the Bratunac Brigade, Drina Corps, Bosnian Serb Army, VRS, at a time when the unit was engaged in legal and illegal operations in...
was indicted by the Prosecutor of the ICTY 26 March 2002 charged with genocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
or alternately complicity in genocide and persecutionPersecutionPersecution is the systematic mistreatment of an individual or group by another group. The most common forms are religious persecution, ethnic persecution, and political persecution, though there is naturally some overlap between these terms. The inflicting of suffering, harassment, isolation,...
s, and Violations of the Laws or Customs of War. He was arrested by SFORSFORThe Stabilisation Force was a NATO-led multinational peacekeeping force in Bosnia and Herzegovina which was tasked with upholding the Dayton Agreement. It replaced the previous force IFOR...
on 1 April 2002 and transferred to ICTY custody the following day. Nikolic made his initial appearance on 3 April 2002, pleading not guilty on all counts. A plea agreement was reached on 7 May 2003, and Nikolic pleaded guilty to Count 5 of the indictment - Crimes against humanity.
- Dragan ObrenovicDragan ObrenovicDragan Obrenović was a Serb senior officer and commander in the Yugoslav People's Army and the Bosnian Serb Army ....
was indicted by the International Criminal Tribunal for the Former YugoslaviaInternational Criminal Tribunal for the former YugoslaviaThe International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
in The HagueThe HagueThe Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
on On 1 November 1998 for complicity in genocide, extermination, persecution, and two counts of murder. On 15 April 2001, he was arrested by SFORSFORThe Stabilisation Force was a NATO-led multinational peacekeeping force in Bosnia and Herzegovina which was tasked with upholding the Dayton Agreement. It replaced the previous force IFOR...
personnel, and was transferred that same day to the Hague, he entered not-guilty pleas across the board at his arraignment on the 18th. On 20 May 2003, Obrenovic entered a plea agreement with the ICTY prosecutor's office. He pleaded guilty to one count of persecution, and in exchange for truthful allocation to his role in the Srebrenica MassacreSrebrenica massacreThe Srebrenica massacre, also known as the Srebrenica genocide, refers to the July 1995 killing, during the Bosnian War, of more than 8,000 Bosniaks , mainly men and boys, in and around the town of Srebrenica in Bosnia and Herzegovina, by units of the Army of Republika Srpska under the command of...
and his testimony against his co-accused (his indictment was to be joined with that of four others on 27 May) he was promised a reduced sentence. On 10 December 2003, Obrenovic was sentenced to 17 years in prison, with 969 days credit for time served. He is currently serving out his sentence in NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and will be eligible for release in April 2018.
- Biljana PlavšićBiljana PlavšicBiljana Plavšić is a former president of Republika Srpska and war criminal. She is the highest ranking Bosnian Serb politician to be sentenced. She was indicted in 2001 by the International Criminal Tribunal for the former Yugoslavia for war crimes committed during the Bosnian war...
The ICTY indictment charged her with two counts of genocide, five counts of crimes against humanity, and one count of war crimes. She voluntarily surrendered to the ICTY on 10 January 2001, and was provisionally released on 6 September. On 16 December 2002, she plea bargained with the ICTY to enter a guilty plea to one count of crimes against humanityCrime against humanityCrimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
for her part in directing the war and targeting civilians and expressed "full remorse" in exchange for prosecutors dropping the other charges. She was later sentenced to 11 years in prison, and started her sentence on 26 June 2003. After serving six years of her sentence at the women's prison Hinseberg in ÖrebroÖrebro-Sites of interest:Örebro's old town Wadköping is located on the banks of Svartån . It contains many 18th and 19th century wooden houses, along with museums and exhibitions....
, SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, she was released on 27 October 2009.
In custody
On 31 May 2007, Zdravko TolimirZdravko Tolimir
Zdravko Tolimir is a Bosnian Serb who was a commander in the Army of Republika Srpska during the Bosnian War.Tolimir was born in Glamoč, Bosnia and Herzegovina, then Yugoslavia...
(aka: 'Chemical Tolimir'), long time fugitive and a former Assistant Commander for Intelligence and Security of the Army of Republika SrpskaVRS Main Staff who reported directly to the Commander of the Main Staff, Ratko Mladic, and who had been indicted by the Prosecutor of the ICTY on genocide charges in the 1992–95 Bosnia war was arrested by Serbian and Bosnian police. Tolimir is infamous for issuing request to use chemical weapons during genocide to gas civilians so Bosnian troops could surrender. Tolimir is thought to be one of the main organisers of the network helping top war crimes indictee Ratko Mladic elude justice.
Radovan Karadzic
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...
(accused of genocide and complicity in genocide in several municipalities within Bosnia and Herzegovina, including but not limited to: Bijeljina, Bratunac
Bratunac
Bratunac is a town and municipality located in eastern Bosnia and Herzegovina. The easternmost point of Bosnia and Herzegovina is located in the municipality of Bratunac which lies in the Republika Srpska.-1971:26.513 total...
, Bosanski Šamac, Brčko, Doboj
Doboj
Doboj is a city and a municipality in northern Bosnia and Herzegovina, situated in the northern part of the Republika Srpska entity on the river Bosna. Doboj is the largest national railway junction; as such, the seats of the Republika Srpska Railways, and the Railways Corporation of Bosnia and...
, Foča
Foca
Foča is a town and municipality in southeastern Bosnia and Herzegovina on the Drina river, in the Foča Region of the Republika Srpska entity.-Early history:...
, Ilijaš
Ilijaš
Ilijaš is a town and municipality located north east of the inner city of Sarajevo in Bosnia and Herzegovina.-1971:According to 1971 population census there were 23.007 residents.* Serbs - 10.941 * Muslims - 9.187...
, Ključ
Kljuc
Ključ is a town and municipality by the same name in western Bosnia and Herzegovina. It is located in the Federation of Bosnia and Herzegovina, specifically the Una-Sana Canton. The name of the town and the municipality translates to "Key" in Bosnian....
, Kotor Varoš, Bosanski Novi, Prijedor, Rogatica
Rogatica
Rogatica is a municipality and town in eastern Bosnia and Herzegovina located 60 kilometres northeast of Sarajevo; midway on the road from Goražde towards Sokolac...
, Sanski Most, Srebrenica, Višegrad
Višegrad
Višegrad is a town and municipality in Bosnia and Herzegovina. It is part of the Republika Srpska entity. It is on the river Drina, located on the road from Goražde and Ustiprača towards Užice, Serbia.-History:...
, Vlasenica
Vlasenica
Vlasenica is a municipality and town of Bosnia and Herzegovina. Administratively it is part of Vlasenica Region.-1912:...
, Zavidovići
Zavidovici
Zavidovići is a town and municipality in Eastern-central Bosnia and Herzegovina, located between Doboj and Zenica on the confluence of rivers Bosna, Krivaja and Gostović. It sits in a valley surrounded by many mountains of which the largest is Klek...
and Zvornik. Karadzic was arrested
Arrest of Radovan Karadžic
Radovan Karadžić was arrested in Belgrade and extradited into International Criminal Tribunal for the former Yugoslavia custody in The Hague in July 2008, as the 44th Serb/Montenegrin suspect sent to The Hague....
in Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
on 21 July 2008, and was transferred into the ICTY custody in the Hague nine days later on 30 July. Karadzic declined to enter a plea at his first appearance before the war crimes tribunal on 31 July 2008, a formal plea of "not guilty" was then made on his behalf by the judges. Karadzic insists on defending himself (as he is entitled to under the United Nations court's rules) while at the same time is setting up a team of legal advisers.
Ratko Mladic
Ratko Mladić
Ratko Mladić is an accused war criminal and a former Bosnian Serb military leader. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia...
was indicted On July 24, 1995 (amended on 10 October 2002) by the Prosecutor ICTY and accused of genocide and complicity in genocide in several municipalities within Bosnia and Herzegovina, including Ključ, Kotor Varoš, Prijedor, Sanski Most, Srebrenica, Banja Luka, Bosanska Krupa, Bratunac, Vlasenica and Zvornik. On May 31, 2011, Mladić was extradited to The Hague, where he was processed at the detention center that holds suspects for the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ITCY).
Other outcomes and pending cases
Died while on trial- Slobodan MilosevicSlobodan MiloševićSlobodan Milošević was President of Serbia and Yugoslavia. He served as the President of Socialist Republic of Serbia and Republic of Serbia from 1989 until 1997 in three terms and as President of the Federal Republic of Yugoslavia from 1997 to 2000...
was accused of genocide or complicity in genocide in territories within Bosnia and Herzegovina, including: BijeljinaBijeljinaBijeljina is a city and municipality in northeastern Bosnia and Herzegovina. The city is the second largest in the Republika Srpska entity after Banja Luka and fifth largest city in Bosnia and Herzegovina, and is situated on the flat rich plains of Semberija...
, Bosanski Novi, BrčkoBrcko (city)Brčko is a city in northern Bosnia and Herzegovina, administrative seat of the Brčko District. It lies on the country's border along the Sava river across from Gunja, Croatia...
, KljučKljucKljuč is a town and municipality by the same name in western Bosnia and Herzegovina. It is located in the Federation of Bosnia and Herzegovina, specifically the Una-Sana Canton. The name of the town and the municipality translates to "Key" in Bosnian....
, Kotor VarošKotor VarošKotor Varoš is a town and municipality in northwestern Republika Srpska, Bosnia and Herzegovina.-History:The city was first mentioned in the 10th century, when it was called Kotor. Varoš, added later, means "town" in Hungarian...
, PrijedorPrijedorPrijedor is a city and municipality in the north-western part of Bosnia and Herzegovina. It is situated in the Bosanska Krajina region....
, Sanski MostSanski MostSanski Most is a town and municipality in northwestern Bosnia and Herzegovina. It is located on the Sana River in Bosanska Krajina, between Prijedor and Ključ. Administratively it is part of the Una-Sana Canton of the Federation of Bosnia and Herzegovina....
and SrebrenicaSrebrenicaSrebrenica is a town and municipality in the east of Bosnia and Herzegovina, in the Bosnian Serb entity of Republika Srpska. Srebrenica is a small mountain town, its main industry being salt mining and a nearby spa. During the Bosnian War, the town was the site of the July 1995 massacre,...
. On 16 June 2004 the trial chamber has, after the Prosecution had closed its case, made a Decision on Motion for Judgment of Acquittal in which it had dismissed the Motion of Amici Curiae filed pursuant to the Rule 98bis of the Rules of Procedure and Evidence, which asked the trial chamber to acquit the accused because prosecution did not present sufficient evidence on which a court could reach a guilty verdict in relation to genocide charges. Thus the proceedings continued with defense presenting its argument, however Milošević died on 11 March 2006 during his trial. - Milan KovačevićMilan KovacevicMilan Kovačević, nicknamed Mićo, was the President of the Executive Committee of the Municipal Assembly of Prijedor from January 1991 to March 1993...
was accused of genocide, complicity to commit genocide and several counts of crimes against humanity, violations of the laws of war and grave breaches of the Geneva conventions of 1949. He died of natural causes in detention in 1998.
Found guilty of other crimes
- Goran JelisicGoran JelisicGoran Jelisić is a Bosnian Serb who was charged with genocide, crimes against humanity and with violating the customs of war by the International Criminal Tribunal for the Former Yugoslavia .He moved to Brčko after completing high school, to work as a machinery technician...
, in 1999, pleaded guilty to the charges of crimes against humanity and violating the laws and customs of war and pleaded not guilty to genocide. The Trial Chamber found that, despite discriminatory intent and the commission of acts within the definition of the actus reus of genocide, Jelisić did not have the requisite intent to destroy in whole or in part the Muslim group from Brčko. He was sentenced to 40 years imprisonment. The Appeals Chamber, among other things, held that the Trial Chamber’s erroneous application of the standard under Rule 98 bis(B) led to an incorrect assessment of the evidence as insufficient to sustain a conviction for genocide, but it did not consider it appropriate to reverse the acquittal and to remit the case for further proceedings, since a retrial would only be limited to the question of whether Jelisić possessed the genocidal intent, and thus it affirmed the sentence. On 29 May 2003, Jelisić was transferred to ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
to serve the remainder of his sentence with credit for time served since his arrest on 22 January 1998.
- Momcilo KrajisnikMomcilo KrajišnikMomčilo Krajišnik is a Bosnian Serb former politician convicted of murder and other crimes against humanity during the Bosnian war .He co-founded the Bosnian Serb nationalist Serbian Democratic Party with Radovan...
was indicted by the ICTY and accused of genocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, complicity in genocide, crimes against humanity (namely extermination, murder, persecution, deportation, and forced transfer), and various war crimeWar crimeWar crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, in relation to acts committed in 1992 in Bosnia and HerzegovinaBosnia and HerzegovinaBosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
. He was arrested on April 3, 2000 by SFORSFORThe Stabilisation Force was a NATO-led multinational peacekeeping force in Bosnia and Herzegovina which was tasked with upholding the Dayton Agreement. It replaced the previous force IFOR...
. After the death of Slobodan Milosevic, Krajisnik was the highest-ranking politician on trial at the ICTY. On 27 September 2006, Krajisnik was convicted of the following crimes against humanity: extermination, murder, persecution, deportation, and forced transfer. He was acquitted of the charges of murder as a war crime, genocide, and complicity in genocide. He was sentenced to 27 years imprisonment. On 17 March 2009 the ICTY Appeals Chamber reversed some of the Trial Chamber's convictions for crimes against humanity and reduced Krajisnik's sentence to 20 years. Krajisnik was transferred to the United Kingdom to serve his sentence. - Milomir StakicMilomir StakicMilomir Stakić is a Bosnian Serb who was charged with genocide, complicity in genocide, violations of the customs of war and crimes against humanity by the International Criminal Tribunal for the Former Yugoslavia for his actions in the Prijedor region during the Bosnian War.In the 1991 elections...
(Prijedor). In ICTY indictment began on 16 April 2002 Stakic was charged with genocide, or alternatively complicity in genocide, murder as a crime against humanity, extermination, murder as a violation of the laws or customs of war, persecutions, deportation, and inhumane acts. On 31 July 2003 he was found not guilty of genocide, complicity in genocide, or forcible transfer (a crime against humanity). He was found guilty of: extermination, (a crime against humanity); murder, (a violation of the laws and customs of war); and persecutions (crimes against humanity, incorporating murder, and deportation both of which were also crimes against humanity). He was sentenced to life imprisonment with a minimum term of 20 years.
Judiciary in Bosnia and Herzegovina
Before the establishment of the State Court of Bosnia and Herzegovina, there were several indictments for the crime of genocide, however only one inductee, Borislav HerakBorislav Herak
Borislav Herak was a Serb soldier who fought with the Serb army in Bosnia in the early days of the Bosnian War 1992-1995. He was the first person convicted of the crime of genocide. His confessions were the subject of a Pulitzer Prize-winning article by John F...
, has been found guilty of genocide. Since 2003 no indictments were filed for genocide before the local courts of Bosnia and Herzegovina, other than the Court of Bosnia and Herzegovina.
Rulings before the establishment of the Court of Bosnia and Herzegovina
- Borislav HerakBorislav HerakBorislav Herak was a Serb soldier who fought with the Serb army in Bosnia in the early days of the Bosnian War 1992-1995. He was the first person convicted of the crime of genocide. His confessions were the subject of a Pulitzer Prize-winning article by John F...
and Sretko Damjanović - on 7 February 1993 the District Military Prosecutor's Office in Sarajevo filed an indictment with the District Military Court in Sarajevo against Herak, for genocide, war crimes against civilian population and war crimes against POWs, for crimes committed while he was a member of "Bioča Company" and "Kremeš Company", Damjanović (for genocide, war crimes against civilian population), for crimes committed while he was a member of "Kremeš Company" and Nada Tomić (for concealment of crime). In March 1993, by a judgment of District Military Court they were found guilty of all the offenses and Herak and Damjanović were sentenced to death. In July 1993, the second instance court partially accepted the appeals of defense lawyers, but upheld the first instance judgment with regards the finding of guilt for all the crimes and the penalties made. The third instance court, in December 1993, rejected the appeals of the defense layers and confirmed the judgment of the second instance court. After further procedural process, a retrial of Damjanović was ordered pursuant to the decision of the Human Rights Chamber for B&H and during the retrial Damjanović was acquitted of the charges of genocide. On appeal the court upheld the acquittal for genocide with regards Damjanović, as well as the sentence of 9 years imprisonment for other crimes. All the requests for retrial of Herak were rejected, making him the only person convicted of genocide by the local court in B&H before the establishment of the Court of Bosnia and Herzegovina, and he is also the first person to be convicted of the crime of genocide after the Second World War. Herak's death penalty was altered to 20 years imprisonment. - Tešić Tešo and Borović Dušan - on 22 July 1996 Tešić, a member of paramilitary Vlasenica Brigade, and Borović, a member of volunteer units from Serbia, were indicted by the Higher Public Prosecutor's Office in Sarajevo since it was alleged that they "participated and organized systematic destruction of people, members of non-Serbian nationality", and thus committed the crime of genocide (under the Criminal Code of SFRY, or FBiH as adopted by the decree law) in northern part of VlasenicaVlasenicaVlasenica is a municipality and town of Bosnia and Herzegovina. Administratively it is part of Vlasenica Region.-1912:...
Municipality and BijeljinaBijeljinaBijeljina is a city and municipality in northeastern Bosnia and Herzegovina. The city is the second largest in the Republika Srpska entity after Banja Luka and fifth largest city in Bosnia and Herzegovina, and is situated on the flat rich plains of Semberija...
and ZvornikZvornikZvornik is a city on the Drina river in northeastern Bosnia and Herzegovina, located south of the town of Bijeljina in Bosnia and Herzegovina. The town Mali Zvornik lies directly across the river in Serbia, and not far north is Loznica.-History:Zvornik is first mentioned in 1410, although it was...
respectively. The Cantonal Court in Tuzla, on 19 September 1997, acquitted the accused of the charges since the charges were not proven, and this judgment was confirmed by the Supreme Court of the Federation of Bosnia and Herzegovina on 1 August 2000. - Čančar Veselin - on 11 November 1996 Čančar, a reserve captain of the JNA, was indicted by the Higher Public Prosecutor's Office in Sarajevo for, among other things, allegedly committing genocide on the territory of Foča. On 9 January 1998 the genocide charge was removed from the indictment, and the accused was finally found guilty of committing war crimes against civilian population.
The Court of Bosnia and Herzegovina
So far the Prosecutor's office of Bosnia and Herzegovina has only filed indictments for the crime of genocide relating to the Srebrenica massacreSrebrenica massacre
The Srebrenica massacre, also known as the Srebrenica genocide, refers to the July 1995 killing, during the Bosnian War, of more than 8,000 Bosniaks , mainly men and boys, in and around the town of Srebrenica in Bosnia and Herzegovina, by units of the Army of Republika Srpska under the command of...
, stating that "investigations have not shown elements of genocide for any other areas [than Srebrenica]". Many analysts, indicate that the reasons for that lie in the fact that prosecutors are not willing to stray from the case law of ICTY, but Erna Mackic writing in BIRN BiH in November 2009 stated that "some rights activists believe this may change" once the ICTY trial of Radovan Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...
is over.
Arrested
- Marko Boškić - On 25 August 2004, U.S. Immigration and Customs EnforcementU.S. Immigration and Customs EnforcementU.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security , responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security...
agents arrested and charged Boškić with fraud and misuse of visas, permits and other documents. Subsequently, on 29 April 2010, he was extradited to Bosnia and Herzegovina and handed over to members of SIPA (State Investigation and Protection Agency) and is to be charged for the alleged participation in Srebrenica genocide. - Dragan Nešković - On 25 August 2010, State Investigation and Protection Agency had arrested Nešković in BijeljinaBijeljinaBijeljina is a city and municipality in northeastern Bosnia and Herzegovina. The city is the second largest in the Republika Srpska entity after Banja Luka and fifth largest city in Bosnia and Herzegovina, and is situated on the flat rich plains of Semberija...
on suspicion of participation in Srebrenica genocide. - Aleksandar Cvetković - on 18 January 2010 Cvetković was arrested by the Israeli International Investigations Unit as he is suspected to have participated in the Srebrenica genocide. The estradition procedure to Bosnia and Herzegovina is pending.
- Branko Popić - was detained by U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers for suspiciton of participating in Srebrenica genocide. He was deported to Bosnia and Herzegovina.
Indicted to stand trial
- Željko Ivanović - on 29 June 2009 Ivanović pleaded not guilty to the charge of genocide. The commencement of trial in his case is scheduled for 27 of August 2009.
- Duško Jević, Mendeljev Đurić and Goran Marković - on 22 January 2010 the Court of Bosnia and Herzegovina confirmed the Indictment in the Duško Jević et al. case, charging the accused with the criminal offense of genocide, in relation to Srebrenica massacre.
- Neđo Ikonić - on 21 January 2010 the Court of Bosnia and Herzegovina issued a decision ordering the accused, who is suspected to have committed the criminal offense of genocide, into one-month custody, after he was arrested in the United States of America and extradited to Bosnia and Herzegovina. Later the Court of Bosnia and Herzegovina had confirmed the indictment against the accused, charging the accused with the criminal offense of genocide in Srebrenica. Ikonić pleaded not guilty to the charges.
- Franc Kos and others - on 12 August 2010 the Court of Bosnia and Herzegovina (BiH) confirmed the Indictment in the Franc Kos et al. case charging the accused Franc Kos, Stanko Kojić, Vlastimir Golijan and Zoran Goronja with the criminal offence of genocide. At the plea hearing, on 8 September 2010, the accused Vlastimir Golijan pleaded guilty while the accused Kos, Kojić and Goronja pleaded not guilty to the criminal offense of genocide.
- Božidar Kuvelja - on 17 January 2010 Kuvelja was deprived of liberty in the area of ČajničeCajniceČajniče is a town and municipality in Republika Srpska, Bosnia and Herzegovina.-1971:11.602 total* Muslims - 6.065 * Serbs - 5.353 * Croats - 29 * Yugoslavs - 14 * others - 141...
by order of the Prosecutor of the Special Department for War Crimes within the BiH Prosecutor's Office and is suspected to have participated in the Srebrenica genocide. He was ordered into custody on 19 January 2011. On 4 March 2011 the Prosecutor's Office of Bosnia and Herzegovina had sent the indictment to the Court of Bosnia and Herzegovina for the confirmation. Kuvelja is charged with, among other things, the alleged execution of around one thousand Bosniak man and boys during the Srebrenica genocide. On 9 March 2011 the Court of Bosnia and Herzegovina confirmed the Indictment, charging Kuvelja with the criminal offense of genocide. Kuvelja subsequently pleaded not guilty.
The first instance verdict
On 29 July 2008, after a two-year trial, the Section I for War Crimes of the Court of Bosnia and Herzegovina found seven men guilty of genocide for their role in the Srebrenica massacre
Srebrenica massacre
The Srebrenica massacre, also known as the Srebrenica genocide, refers to the July 1995 killing, during the Bosnian War, of more than 8,000 Bosniaks , mainly men and boys, in and around the town of Srebrenica in Bosnia and Herzegovina, by units of the Army of Republika Srpska under the command of...
including the deaths of 1000 Bosniak men in a single day. In the trial verdict the Court found that the accused Milenko Trifunović, Aleksandar Radovanović, Brano Džinić, Slobodan Jakovljević and Branislav Medan, by their actions as co-perpetrators (not as members of JCE
Joint Criminal Enterprise
Joint criminal enterprise ' is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav wars 1991-1999....
), committed the criminal offence of Genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
in violation of Article 171(a) in conjunction with Articles 29 and 180(1) of the Criminal Code of BiH (CC of BiH), while the Accused Miloš Stupar was found guilty of the criminal offence of Genocide under the command responsibility, in violation of Article 171(a) in conjunction with Article 180 (2) of the CC of BiH, since he acted with genocidal intent when failing to punish his subordinates. The court found that Bosniak men trying to escape from Srebrenica had been told they would be kept safe if they surrendered. Instead, they were transported to an agricultural co-operative in the village of Kravica
Kravica
Kravica is a predominantly Serb populated village in Bratunac county near Srebrenica, Bosnia and Herzegovina....
, and latter executed en masse.
Found guilty of genocide (29 July 2008)
- Milos Stupar (commander of the 2nd Special Police Šekovići Squad) – found guilty, sentenced to 40 years.
- Milenko Trifunovic (commander of the 3rd "Skelani" Platoon, part of the 2nd Special Police Šekovići Squad) – found guilty, sentenced to 42 years.
- Brano Dzinic (a special police force officer of the 2nd Special Police Šekovići Squad) – found guilty, sentenced to 42 years.
- Slobodan Jakovljevic (special police force members of the 3rd "Skelani" Platoon) – found guilty, sentenced to 40 years.
- Branislav Medan (special police force members of the 3rd "Skelani" Platoon) – found guilty, sentenced to 40 years.
- Petar Mitrovic (special police force members of the 3rd "Skelani" Platoon) – found guilty, sentenced to 38 years.
- Aleksandar Radovanovic (special police force members of the 3rd "Skelani" Platoon) – found guilty, sentenced to 42 years.
Acquitted
- Velibor Maksimovic (special police force members of the 3rd "Skelani" Platoon) – acquitted.
- Milovan Matic (a member of RSAArmy of Republika SrpskaThe Army of Republika Srpska ; Serbian, Bosnian, Croatian Vojska Republike Srpske ) also referred to as the Bosnian Serb Army, was the military of today's Republika Srpska which was then the "Serbian Republic of Bosnia and Herzegovina", a self-proclaimed state within the internationally recognized...
) – acquitted. - Miladin Stevanovic (special police force members of the 3rd "Skelani" Platoon) – acquitted.
- Dragisa Zivanovic (special police force members of the 3rd "Skelani" Platoon) – acquitted.
The Appellate Panel verdict
- Milovan Matić - the Appellate Panel upheld the trial verdict, and thus refused as unfounded the appeal filed by the Prosecutor.
- Miloš Stupar - the Appellate Panel revoked the trial verdict and ordered a retrial before the panel of the Appellate Division of Section I of the Court of Bosnia and Herzegovina.
- Milenko Trifunović, Brane Džinić, Aleksandar Radovanović, Slobodan Jakovljević, Branislav Medan - the Appellate Panel ruled that trial verdict is altered in the sense that the accused, being aware of the existence of the genocidal plan of others, performed the actions by which they considerably contributed to the commission of that offense, and therefore they participated in the criminal offense of Genocide as accessories (not as co-perpetrators), since it was not proven beyond reasonable doubt that the accused themselves acted with genocidal intent. Hence, Trifunović was sentenced to 33 years, Džinić to 32 years, Radovanović to 32 years, Jakovljević to 28 years and Medan to 28 years.
Finally, the Appellate Panel underlined that it is "indisputable that genocide was committed in Srebrenica in July 1995. Due to its nature, that crime could not have been committed by a single individual, but it had to include an active participation of a number of persons, each of whom having a role. However, it is evident that not all participants in the events in Srebrenica at the referenced time acted with the identical state of mind, nor did they take the same actions."
Retrial in Miloš Stupar case
Stupar, who allegedly acted as the Commander of the 2nd Šekovići Detachment of the Special Police, was charged for the crime of genocide under the command responsibility since he allegedly failed to take the necessary and reasonable measures to prevent members of his Detachment from taking part in the perpetration of genocide in Srebrenica, and following the perpetration of the offense he failed to take the necessary steps to punish them.
Stupar was found guilty in the first instance verdict, of 29 July 2009, but the Appellate Panel of the Section I for War Crimes, by its verdict on 9 September 2009, modified the trial verdict in its sentencing part and, among other things, ordered a retrial with regards Stupar before the panel of the Appellate Division of Section I of the Court of Bosnia and Herzegovina. The Appellate Division made its verdict on 5 May 2010 by which it had acquired Stupar of all charges, since he was not de facto or de jure Commander of the 2nd Šekovići Detachment of the Special Police and since he did not have the effective control over the perpetrators of the crimes.
Milorad Trbić case
Milorad Trbić, a former reserve Captain of the Zvornik brigade of the army of the Republika Srpska, was charged with genocide pursuant to Article 171 of the Criminal Code of Bosnia and Herzegovina (CC BiH) in conjunction with the killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group. On 16 October 2009 Court of Bosnia and Herzegovina, in a first instance verdict, found Milorad Trbić directly responsible for the crimes he committed as part of a joint criminal enterprise to destroy all the Bosniaks brought into his area of responsibility during the period following the fall of Srebrenica. The Court sentenced Trbić for his participation in the crimes to thirty years imprisonment. The Appellate Panel of the Court confirmed the verdict and the sentence.
Radomir Vuković et al case
On 21 October 2008 the Court issued a Decision on the joinder of cases of Radomir Vuković (X-KR-06/180-2) and Zoran Tomić (X-KR-08/552), and the main trial commenced on 4 December 2008. Both were charged with the criminal offense of genocide, and both pleaded not guilty. On 22 April 2010 the Court of Bosnia and Herzegovina pronounced the first-instance verdict finding both the accused guilty of knowingly assisting in the perpetration of the crime of genocide because, as members of the special police force of the 2nd Detachment of the Šekovići Special Police of the Republika Srpska MUP, they participated in keeping the road passable during the transportation of Bosniaks by trucks and buses, for later capturing a large number of Bosniak makes who attempted to escape from the UN Safe Area and taking them to Kravica Farming Cooperative where they participated in their execution. They were each sentenced to a long term imprisonment of 31 years. On 11 May 2011 the Panel of the Court's Appellate Division of Section I for War Crimes, following a public session, delivered the Appellate Decision revoking the Trial Verdict and ordering a retrial before the Appellate Panel.
Momir Pelemiš and Slavko Perić
The accused Momir Pelemiš acted as Deputy Commander of the 1st Battalion of the 1st Zvornik Infantry Brigade (1st Battalion), and as Acting Commander of the 1st Battalion in the time period between July 9 and 21, 1995, whereas in the time period between July 14 and 17, 1995, the accused Slavko Perić acted as Assistant Commander for Security and Intelligence in the 1st Battalion. The Court confirmed the Indictment against the accused on 28 November 2008, charging both the accused for genocide. At a plea hearing before Section I for War Crimes of the Court, held on 16 January 2009, the both of the accused pleaded not guilty, and the main trial commenced on 10 march 2009.
On 31 October 2011 the Trial Panel of the Section 1 of the Court of Bosnia and Herzegovina announced the first-instance Verdict sentencing Momir Pelemiš and Slavko Perić to 16 and 19 years of prison respectively for the criminal offense of genocide, finding that the accused knowingly provided assistance to members of the joint criminal enterprise aimed at killing the able-bodied Bosniak men from Srebrenica, during a widespread and systematic attack carried out on the UN safe area in Srebrenica between 10 July and 1 November 1995 by members of the Republika Srpska Army and the RS MUP.
Plea bargains
- Vaso Todorović - the Court confirmed the indictment against him on 2 June 2008, under which it was alleged that Todorović, as a member of the Special Police of the 2nd Šekovići Detachment during the period from 10 July to 19 July 1995, with an intention to partially exterminate a group of Bosniak people, participated in a joint criminal enterprise aimed at forcible relocation of around 40 thousand civilians from the UN Protection Zone Srebrenica, and was charged with the crime of genocide. On 23 June 2008 Todorović pleaded not guilty, and the trial was initiated on 13 October 2010. Todorović made a plea agreement with the Prosecution on 16 October 2010, after which the charge of genocide was replaced by crimes against humanity. On 22 October 2010 he was found guilty of aiding and abetting murder and deportation and forcible transfer as a crime against humanity committed in Srebrenica in July 1995, and was sentenced to six years imprisonment.
- Dragan Crnogorac - on 15 November 2010, Crnogorac was deprived of liberty in Banja Luka by order of the Prosecutor of the Special Department for War Crimes within the BiH Prosecutor's Office and is suspected to have, as a member of the police forces of the Jahorina Training Center – a part of the RS MoI, personally participated in the capture of Muslim men in the village of Sendici who had tried to escape Srebrenica and their execution, during the genocide of July 1995. Crnogorac struck a plea bargain after being indicted for genocide, after which he was sentenced to 13 years in prison for crimes against humanity.
German prosecutions
During the late 1990s the German courts handed down custodial sentences to several individuals who were found guilty by the German courts of participating in genocides in Bosnia. Two of these cases were cited in the judgement handed down by the ICTY against Radislav KrsticRadislav Krstic
Radislav Krstić was the Deputy Commander and later Chief of Staff of the Drina Corps of the Army of Republika Srpska from October 1994 until 12 July 1995...
, when considering whether the Srebrenica massacre met the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
requirement of "in part".
Novislav Džajić
Novislav Džajić was indicted in Germany for participation in genocide, but the Higher Regional Court failed to find that there was sufficient certainty, for a criminal conviction, that he had intended to commit genocide. Nevertheless Džajič was found guilty of 14 cases of murder and one case of attempted murder. At Džajić's appeal on 23 May 1997, the BavariaBavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
n Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca
Foca
Foča is a town and municipality in southeastern Bosnia and Herzegovina on the Drina river, in the Foča Region of the Republika Srpska entity.-Early history:...
.
Nikola Jorgić
The Higher Regional Court (OberlandesgerichtOberlandesgericht
The Oberlandesgericht is one of the 'ordinary courts' in Germany...
) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgic
Nikola Jorgic
Nikola Jorgic is a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. In 1997, Nikola was convicted of genocide in Germany. This was the first conviction won against participants in the Bosnian Genocide...
, a Bosnian Serb from the Doboj
Doboj
Doboj is a city and a municipality in northern Bosnia and Herzegovina, situated in the northern part of the Republika Srpska entity on the river Bosna. Doboj is the largest national railway junction; as such, the seats of the Republika Srpska Railways, and the Railways Corporation of Bosnia and...
region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica.
Appeal before the European Court Of Human Rights
On 12 July 2007, European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
dismissed Nikola Jorgic
Nikola Jorgic
Nikola Jorgic is a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. In 1997, Nikola was convicted of genocide in Germany. This was the first conviction won against participants in the Bosnian Genocide...
appeal, but highlighted that the German courts had interpreted the German domestic law on genocide more broadly than the more recent rulings by the ICTY and the ICJ.
The ECHR having reviewed the case and the more recent international rulings on the issue held that "the [German] courts' interpretation of 'intent to destroy a group' as not necessitating a physical destruction of the group, which has also been adopted by a number of scholars [...], is therefore covered by the wording, read in its context, of the crime of genocide in the [German] Criminal Code and does not appear unreasonable", and thus it concluded that "while many authorities had favored a narrow interpretation of the crime of genocide, there had already been several authorities at the material time which had construed the offence of genocide in the same wider way as the German courts" and that "[Jorgic], if need be with the assistance of a lawyer, could reasonably have foreseen that he risked being charged with and convicted of genocide for the acts he had committed in 1992.", and for this reason the court rejected Jorgic's assertion that there had been a breach of Article 7 (no punishment without law) of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
by Germany.
Maksim Sokolović
On 29 November 1999, the Higher Regional Court (Oberlandesgericht) of Düsseldorf condemned Maksim Sokolović to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions.Đurađ Kušljić
In 1999 Đurađ Kušljić was found guilty for committing genocide and sentenced to life-imprisonment by a German court for killing of six Bosniaks and order of expulsion of other non-Serb population while he was police chief of Vrbanjci (municipality Kotor VarošKotor Varoš
Kotor Varoš is a town and municipality in northwestern Republika Srpska, Bosnia and Herzegovina.-History:The city was first mentioned in the 10th century, when it was called Kotor. Varoš, added later, means "town" in Hungarian...
) in 1992. Qualification of his crimes was changed to complicity in genocide on appeal, but his sentence was unaltered. It has been argued by some legal scholars that the "courts have taken a relatively extensive view" with regards the mental element of genocide in that case.
On 11 January 2006 Kušljić filed an appeal before the Constitutional Court of Bosnia and Herzegovina
Constitutional Court of Bosnia and Herzegovina
The Constitutional Court of Bosnia and Herzegovina is a special court sui generis, whose main role is to be the interpreter and guardian of the Constitution of Bosnia and Herzegovina, as stated in Article VI, paragraph 3 of the Constitution , and it is considered to be the highest judicial...
claiming that his fair trial rights were violated when it was not made possible for him to participate in the procedure before the Ministry of Civil Affairs and Communications of B&H and Ministry of Foreign Affairs of B&H, when it was decided that B&H would not request his extradition regarding the criminal procedure against him for genocide, although in his view B&H had jurisdiction, since he did not even know the procedure was underway. The Court dismissed his appeal for being ratione materiae incompatible with the Constitution of Bosnia and Herzegovina
Constitution of Bosnia and Herzegovina
The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed in Paris on 14 December 1995...
.
Austrian prosecutions
Duško Cvjetković, who was allegedly a commander of a Bosnian-Serb militia group in Kucice, was arrested in Austria on 19 May 1994. On 27 July 1994 the Prosecutor's Office of SalzburgSalzburg
-Population development:In 1935, the population significantly increased when Salzburg absorbed adjacent municipalities. After World War II, numerous refugees found a new home in the city. New residential space was created for American soldiers of the postwar Occupation, and could be used for...
filed an indictment against Cvjetković for genocide and genocide through aiding and abetting pursuant to §321 (1) first and fourth alternative of the Criminal Code of Austria related to murder and forcible transfer and §12 third alternative of the StGB related to aiding and abetting, murder pursuant to §75 of the Criminal Code of Austria and murder through aiding and abetting pursuant to §§12 third alternative, 75 of the Criminal Code of Austria as well as arson through aiding and abetting pursuant to §12 third alternative, 169 (1) of the Criminal Code of Austria. He was subsequently acquitted by a jury.
The Netherlands prosecutions
A former UN interpreter, Hasan NuhanovićHasan Nuhanović
Hasan Nuhanović is a Bosniak survivor of the Srebrenica genocide who campaigns "For truth and justice" on behalf of other survivors and relatives of the victims. Hasan, the former U.N. interpreter for Dutch peacekeepers who were stationed in Srebrenica in 1995, at the end of the Bosnian war, has...
and the family of Rizo Mustafić, an electrician who worked for the UN Battalion at Srebrenica, have filed a criminal complaint requesting that genocide charges be brought against three Dutch military officials: commander Thom Karremans, his deputy Rob Franken and second in command Berend Oosterveen, because Nuhanović's family members were forced out of UN compound (his father and brother were killed subsequently), as well as Mustafić who is still missing. The public prosecutor in The Netherlands has decided to open an investigation pursuant to the criminal complaint.
Serbian prosecutions
On 11 August 2010, Humanitarian Law CenterNataša Kandic
Nataša Kandić is a Serbian human rights activist and the founder and executive director of Humanitarian Law Center , an organisation campaigning for human rights and reconciliation in the former Yugoslavia.- Work :After finishing her studies in Sociology, Nataša Kandić became...
, a human rights non-governmental organization from the Republic of Serbia, filed a criminal complaint with the Office of the War Crimes Prosecutor of the Republic of Serbia against an unspecified number of members of the former Army of the Republika Srpska (VRS) for the alleged commitment of the war crime of genocide in Srebrenica, according to Article 14 of the Criminal Code of the Federal Republic of Yugoslavia (KZ SRJ) with regards to Article 22 of the KZ SRJ as co-perpetrators.
Bosnia and Herzegovina
In a case of Ferida Selimović et al. v. the Republika Srpska the Human Rights Chamber of Bosnia and Herzegovina decided on 49 applications comprising the "Srebrenica cases" which involved applications filed by immediate family members of Bosniak men presumed to have been killed as part of the mass executions during the Srebrenica genocide in July 1995. The cases raised issues under Articles 3, 8, and 13 of the European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, and of discrimination in connection with these rights under Article II(2)(b) of the Human Rights Agreement set out in Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina. The applicants alleged that they as close family members, either directly or
indirectly, were themselves victims of alleged or apparent human rights violations resulting from the lack of specific information on the fate and whereabouts of their
relatives last seen in Srebrenica in July 1995. They requested the authorities to bring the perpetrators to justice, and most also requested compensation for their suffering in an unspecified amount.
The Chamber relied on the Krstić trial judgment for the historical context and underlying facts, although it only utilized those factual portions of the Krstić judgment which were not included in the appeal that was underway at the time of the Chamber's decision. In its decision the Chamber concluded that Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
's failure to make accessible and to disclose information requested by the applicants about their missing relatives constituted a violation of its positive obligations to secure respect for their rights to private and family life, as guaranteed by Article 8 of the European Convention. Also, it held that Republika Srpska's failure to inform the applicants about the truth of the fate and whereabouts of their missing relatives, including conducting a meaningful and effective investigation into the massacre at Srebrenica in July 1995, violated their rights to be free from inhuman and degrading treatment, as guaranteed by Article 3 of the European Convention. Finally, the Chamber concluded that in failing to fulfill its obligations owed to the applicants under the European Convention, the Republika Srpska had discriminated against the applicants due to their Bosniak origin.
As for the reparations, the Chamber ordered Republika Srpska to disclose any
information it had on the fate of the applicants relatives; to release
any missing persons it had in custody; to conduct a full and meaningful
investigation of the role of its authorities and armed forces in the Srebrenica
massacre, its efforts to cover up the crime, and the fate of the missing persons,
and to publish this report within six months of the decision; to publish
the decision of the Chamber in the Serbian language in its Official Gazette; and to make a total donation of 4.000.000 Convertible Marks to the Srebrenica Genocide memorial
Srebrenica Genocide Memorial
The Srebrenica Genocide Memorial, officially known as the Srebrenica-Potočari Memorial and Cemetery for the Victims of the 1995 Genocide, is the memorial-cemetery complex in Srebrenica set up to honour the victims of the 1995 Srebrenica genocide....
.
United States of America
In 1994 two set of complaints (Doe v. Karadžić and Kadić v. Karadžić), both with multiple plaintiffs, filed suits under the Alien Tort Claims Act and the Torture Victims Protection Act in the United States District Court for the Southern District of New York, against Radovan KaradžićRadovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...
for various atrocities "carried out by Bosnian-Serb military forces as part of a genocidal campaign
Bosnian Genocide
The term Bosnian Genocide refers to either the genocide committed by Bosnian Serb forces in Srebrenica in 1995 or the ethnic cleansing campaign that took place throughout areas controlled by the Bosnian Serb Army during the 1992–1995 Bosnian War....
". The district court dismissed both cases claiming that named statutes required "state action", however the court of appeals revised and remanded that judgment, stating that "Karadžić may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process". Karadžić was personally served with summons and complaint in each action during his visits to U.N. in New York, and he actively participated through his lawyers in the proceedings (Ramsey Clark
Ramsey Clark
William Ramsey Clark is an American lawyer, activist and former public official. He worked for the U.S. Department of Justice, which included service as United States Attorney General from 1967 to 1969, under President Lyndon B. Johnson...
, as his attorney), until the Supreme Court of the United States denied his request to review the decision of the court of appeals. In 2000, the district court entered order of default in Kadić v. Karadžić, after which the case proceeded to a damages phase in which the jury returned a verdict of US$ 745 million (US$ 265 million in compensatory damages and US$ 480 million in punitive damages), which was then incorporated in the judgment of the court, in favour of fourteen plaintiffs. The court also issued a permanent injunction by which Karadžić and his subordinates were enjoined and restrained from committing or facilitating "any acts of 'ethnic cleansing' or genocide (...) or any other act committed in order to harm, destroy or exterminate any person on the basis of ethnicity, religion and/or nationality". In the same year, in Doe v. Karadžić, the court decided in favour of twenty-one plaintiffs, and awarded them US$ 407 million in compensatory damages and US$ 3.8 billion in punitive damages. As of 2008 the plaintiffs did not receive damages. Deputy High representative for Bosnia and Herzegovina, Raffi Gregorian, stated that OHR
Ohr
Ohr is a central Kabbalistic term in the Jewish mystical tradition. The analogy of physical light is used as a way of describing metaphysical Divine emanations...
was considering ways of confiscating Karadžić's property, including that of his closest relatives and network of his supporters, and that EUFOR had taken measurements of his family house in Pale.
The Netherlands
Currently two cases are being conducted before The Hague District Court in the Netherlands against the State of the NetherlandsNetherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
.
One case is headed by a team of 14 attorneys of Dutch law firm Van Diepen Van der Kroef, which is representing 11 plaintiffs including the foundation "Mothers of the Enclaves of Srebrenica and Žepa" (which represents 6,000 relatives of the victims), who asked the court, inter alia, to grant a judicial declaration that the UN and the State of the Netherlands breached their obligation to prevent genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, as laid down in Genocide Convention and to hold them jointly liable to pay compensation for the loss and injury suffered by plaintiffs as well as damages yet to be determined by the court, and to settle these according to law. On the 10 July 2008, the court ruled that it had no jurisdiction against the UN, however the proceedings against the State of the Netherlands continued. Plaintiffs have appealed the judgment (in relation to UN immunity), and first public hearings relating to this issue were held on 28 January 2010. The decision by the Court was made on 30 March 2010, by which the UN's absolute immunity was upheld. Plaintiffs have appealed this judgment as well.
The second case concerns a former UN interpreter, Hasan Nuhanović
Hasan Nuhanović
Hasan Nuhanović is a Bosniak survivor of the Srebrenica genocide who campaigns "For truth and justice" on behalf of other survivors and relatives of the victims. Hasan, the former U.N. interpreter for Dutch peacekeepers who were stationed in Srebrenica in 1995, at the end of the Bosnian war, has...
, and the family of Rizo Mustafić, an electrician who worked for the UN Battalion at Srebrenica. Nuhanović filed a suit against the State of the Netherlands in front of the District Court in The Hague claiming that Dutch troops within the UN peacekeeping contingent that were responsible for security in the then Srebrenica protected zone, allowed VRS
Army of Republika Srpska
The Army of Republika Srpska ; Serbian, Bosnian, Croatian Vojska Republike Srpske ) also referred to as the Bosnian Serb Army, was the military of today's Republika Srpska which was then the "Serbian Republic of Bosnia and Herzegovina", a self-proclaimed state within the internationally recognized...
troops to kill his family (brother, father and mother), while the family of Mustafić filed the suite because he was killed in similar circumstances. The liability of the state of the Netherlands was based on the opinion that the Dutch Government
Constitution of the Netherlands
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of...
(Minister of Defense) had the de facto operational command of the battalion, as established by the Dutch Constitution (Article 97(2)), which grants the government superior command ("oppergezag") over Dutch military forces. On 10 September 2008, the Hague District Court ruled against the plaintiffs, noting that the state of the Netherlands cannot be held responsible for the acts or omissions of Dutchbat, since that contingent of troops was made available to the UN and, as a matter or principle, any of its acts are to be attributed strictly to the UN. At the same time it found that the acts of Dutchbat cannot be concurrently attributed to the Netherlands since, in the view of the Court, no evidence was presented that the Dutch government "cut across the United Nations command structure" by ordering the contingent to ignore or disobey UNPROFOR orders. On 5 July 2011, upon the appeal of the plaintiffs, the Dutch Appellate court held that the Netherlands was responsible for the three deaths indicated in the claim, and that it owns damages to the plaintiffs.