Momcilo Krajišnik
Encyclopedia
Momčilo Krajišnik (born 20 January 1945 in Zabrnje, municipality of Novi Grad, Sarajevo
, Bosnia and Herzegovina
, Democratic Federal Yugoslavia) is a Bosnian Serb former politician convicted of murder and other crimes against humanity during the Bosnian war (1992-1995)
.
He co-founded the Bosnian Serb nationalist Serbian Democratic Party
(SDS) with Radovan Karadžić.
Between 1990 and 1992, he was the speaker of the National Assembly of the Republika Srpska
and, between June and December 1992, a member of the expanded Presidency of the Bosnian Serb Republic.
After the Bosnian War
he became the Serb representative on the three-member Presidency of Bosnia and Herzegovina
from 1996 through 1998. He lost his bid for re-election in 1998 to Živko Radišić
.
In 2006 he was found guilty of committing crimes against humanity during the Bosnian War by the International Criminal Tribunal for the former Yugoslavia
(ICTY) and is currently in prison serving a 20 years sentence.
About that period, Richard Holbrooke
noted in his memoirs:
, and genocide
in relation to acts committed in 1992 in Bosnia and Herzegovina
. He was arrested on 3 April 2000 at Pale by French commandos
of SFOR
.
The Judges found that Krajišnik had been part of a joint criminal enterprise which carried out the extermination, murder, persecution and deportation of non-Serbs during the Bosnian war between 1992 and 1995.
Judge Judge Alphons Orie observed that "Krajisnik's role in the commission of the crimes was crucial ... His positions within the Bosnian Serb leadership gave him the authority to facilitate the military, police and paramilitary groups to implement the objective of the joint criminal enterprise." He also noted that "Mr Krajisnik... accepted that a heavy price of suffering, death and destruction was necessary to achieve Serb domination."
Krajišnik was acquitted of genocide or complicity in genocide on the grounds that the court had found no evidence of a genocidal intent on his part to destroy in full or part ethnic or religious communities.
This decision was greeted with anger by representatives of victims of crimes of which Krajišnik had been found guilty, who found his acquittal on the charge of genocide difficult to accept. Bakira Hasecic
of the "Association of Women Victims of War
", an organisation that campaigns for prosecution of those responsible for the use of rape as a weapon of war that was a feature of the ethnic cleansing campaign, commented that "The sentence is a major blow to justice. It is an insult for the victims."
On 17 March 2009 the charges of murder and extermination were dropped and the sentence was reduced to 20 years.
While the ICTY judges found that there was evidence that crimes committed in Bosnia constituted the criminal act of genocide (actus reus
), they did not establish that the accused possessed genocidal intent, or was part of a criminal enterprise that had such an intent (mens rea
).
According to Edina Becirevic, both Krajišnik and Radovan Karadžić
were warned by Bosnian Serb military commander General Ratko Mladić
, also indicted on genocide charges, that their "plans" [sic] could not be committed without committing genocide:
, to serve his sentence at Belmarsh
in England
. In 2010, after a single year in prison, he filed a request for early release, which was rejected. In 2011 a further request for early release was made - according to Krajišnik's brother Mirko in response to a British government initiative. Mirko Krajišnik said that the ICTY had received a proposal from the UK Ministry of Justice that Momčilo Krajišnik, as a person serving a sentence in the UK, should apply for premature release based on the fact that he had served half his sentence. Krajišnik has been in prison first at The Hague and then in the UK since 3 April 2000. The ICTY reportedly informed Krajišnik that it had received the request and invited him to apply, which he did, explaining that the court's findings had been incorrect and he was not responsible for the crimes of which he had been found guilty.
Sarajevo
Sarajevo |Bosnia]], surrounded by the Dinaric Alps and situated along the Miljacka River in the heart of Southeastern Europe and the Balkans....
, Bosnia and Herzegovina
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...
, Democratic Federal Yugoslavia) is a Bosnian Serb former politician convicted of murder and other crimes against humanity during the Bosnian war (1992-1995)
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...
.
He co-founded the Bosnian Serb nationalist Serbian Democratic Party
Serbian Democratic Party
The Serbian Democratic Party is a political party in Bosnia and Herzegovina. It is led by Mladen Bosić...
(SDS) with Radovan Karadžić.
Between 1990 and 1992, he was the speaker of the National Assembly of the Republika Srpska
National Assembly of the Republika Srpska
The National Assembly of the Republika Srpska is the legislative body of the Republika Srpska, one of two entities comprising the state of Bosnia and Herzegovina...
and, between June and December 1992, a member of the expanded Presidency of the Bosnian Serb Republic.
After 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...
he became the Serb representative on the three-member Presidency of Bosnia and Herzegovina
Presidency of Bosnia and Herzegovina
The Presidency of Bosnia and Herzegovina is the head of state of Bosnia and Herzegovina.-Overview:...
from 1996 through 1998. He lost his bid for re-election in 1998 to Živko Radišić
Živko Radišic
Živko Radišić is a Bosnian Serb politician and former Chairman of the Presidency of Bosnia and Herzegovina....
.
In 2006 he was found guilty of committing crimes against humanity during the Bosnian War by 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...
(ICTY) and is currently in prison serving a 20 years sentence.
Political developments in Bosnia leading to the war
On 15 October 1991, the Bosnia-Herzegovina Assembly passed a resolution on the sovereignty of Bosnia-Herzegovina. There was strong opposition from Serb deputies and ten days later, the SDS formed a Bosnian-Serb Assembly, with Momčilo Krajišnik as president. The Bosnian-Serb Assembly began establishing parallel government structures.Participation in the Dayton negotiations
Krajišnik took part in the negotiations leading to the Dayton agreements. He earned the nickname "Mr No" for his uncompromising stance during negotiations.About that period, Richard Holbrooke
Richard Holbrooke
Richard Charles Albert Holbrooke was an American diplomat, magazine editor, author, professor, Peace Corps official, and investment banker....
noted in his memoirs:
Indictment by the ICTY and Arrest
Krajišnik was indicted by the ICTY on various charges of crimes against humanity (namely extermination, murder, persecution, deportation, and forced transfer), murder as a war crimeWar crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
, and 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 relation to acts committed in 1992 in Bosnia and Herzegovina
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...
. He was arrested on 3 April 2000 at Pale by French commandos
Naval commandos (France)
The Naval Commandos are the special forces of the French Navy. They are made up of ~500 members, mostly based in northwestern France , with several bases across the country for specific training needs. The Naval Commandos are nicknamed bérets verts . Their qualification training is one of the...
of SFOR
SFOR
The 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...
.
Conviction by the ICTY
On 27 September 2006, Krajišnik 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.The Judges found that Krajišnik had been part of a joint criminal enterprise which carried out the extermination, murder, persecution and deportation of non-Serbs during the Bosnian war between 1992 and 1995.
Judge Judge Alphons Orie observed that "Krajisnik's role in the commission of the crimes was crucial ... His positions within the Bosnian Serb leadership gave him the authority to facilitate the military, police and paramilitary groups to implement the objective of the joint criminal enterprise." He also noted that "Mr Krajisnik... accepted that a heavy price of suffering, death and destruction was necessary to achieve Serb domination."
Krajišnik was acquitted of genocide or complicity in genocide on the grounds that the court had found no evidence of a genocidal intent on his part to destroy in full or part ethnic or religious communities.
This decision was greeted with anger by representatives of victims of crimes of which Krajišnik had been found guilty, who found his acquittal on the charge of genocide difficult to accept. Bakira Hasecic
Bakira Hasečić
Bakira Hasečić is a Bosniak woman from Višegrad, a town in eastern Bosnia and Herzegovina. In 1992 during the ethnic cleansing of Višegrad that took place in the early days of the Bosnian war she was raped in the Višegrad police station by Bosnian Serb soldiers, members of the Army of Republika...
of the "Association of Women Victims of War
Association of Women Victims of War
Association of Women Victims of War is a non-governmental organisation based in Sarajevo, Bosnia and Herzegovina, that campaigns for the rights of women victims of rape and similar crimes during the Bosnian war 1992-1995....
", an organisation that campaigns for prosecution of those responsible for the use of rape as a weapon of war that was a feature of the ethnic cleansing campaign, commented that "The sentence is a major blow to justice. It is an insult for the victims."
On 17 March 2009 the charges of murder and extermination were dropped and the sentence was reduced to 20 years.
While the ICTY judges found that there was evidence that crimes committed in Bosnia constituted the criminal act of genocide (actus reus
Actus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
), they did not establish that the accused possessed genocidal intent, or was part of a criminal enterprise that had such an intent (mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
).
According to Edina Becirevic, both Krajišnik and 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...
were warned by Bosnian Serb military commander 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...
, also indicted on genocide charges, that their "plans" [sic] could not be committed without committing genocide:
Imprisonment
In 2009, Krajišnik was transferred to the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, to serve his sentence at Belmarsh
Belmarsh (HM Prison)
HM Prison Belmarsh is a Category A men's prison, located in the Thamesmead area of the London Borough of Greenwich, in south-east London, England. Belmarsh Prison is operated by Her Majesty's Prison Service...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. In 2010, after a single year in prison, he filed a request for early release, which was rejected. In 2011 a further request for early release was made - according to Krajišnik's brother Mirko in response to a British government initiative. Mirko Krajišnik said that the ICTY had received a proposal from the UK Ministry of Justice that Momčilo Krajišnik, as a person serving a sentence in the UK, should apply for premature release based on the fact that he had served half his sentence. Krajišnik has been in prison first at The Hague and then in the UK since 3 April 2000. The ICTY reportedly informed Krajišnik that it had received the request and invited him to apply, which he did, explaining that the court's findings had been incorrect and he was not responsible for the crimes of which he had been found guilty.
External links
- BBC News Profile on Momcilo Krajisnik BBC News, 27 September 2006