Prosecutor v. Milan Martic
Encyclopedia
Prosecutor v. Milan Martić
was a case (no. IT-95-11-I) judged by the International Criminal Tribunal for the Former Yugoslavia
, for crimes against humanity.
was born near Knin
, Croatia
on November 18, 1954. From January 1991 to August 1995, he held various positions within the government of the Serbia
n Autonomous Region of Krajina
, which later evolved into the Republic of Serbian Krajina
(“RSK”), including Chief of the Police
in Knin, Secretary for Internal Affairs of the SAO Krajina, Deputy Commander of the Territorial Defense of the SAO Krajina, Minister of Defense of the SAO Krajina, Minister of the Interior of the SAO Krajina and of the RSK and, from 25 January 1994 onwards, President of the RSK.
The events giving rise to this trial took place between August 1991 and December 1995 in the SAO Krajina and the RSK. The Trial Chamber
found that Martić participated in a joint criminal enterprise
(JCE) with other individuals, the common purpose of which was the establishment of an ethnically Serb territory through the displacement of the non-Serb population.
Martić participated in the JCE by providing substantive financial, logistical and military support to the SAO Krajina and the RSK, by actively working together with the other JCE participants to fulfill the objective of a united Serb state, by exercising his authority over the Ministry of Internal Affairs (“MUP”) of the SAO Krajina and the RSK, by fuelling an atmosphere of insecurity and fear through public statements, and by participating in the forcible removal of the non-Serb population.
More specifically, the Trial Chamber concluded that the crimes fell within the common purpose of the JCE, or were "foreseeable
to Martić."
The Trial Chamber therefore convicted Martić under the basic form of JCE for Counts 10, 11, and 1 (in part) and under the extended form of JCE for Counts 3 to 9, 12 to 14 and 1 (in part). The Trial Chamber acquitted Martić of Count 2, extermination as a crime against humanity.
The Trial Chamber further found that Martić ordered the shelling of Zagreb on 2 and 3 May 1995 with Orkan Rockets, containing cluster munitions
. It thus held that he incurred individual criminal responsibility pursuant to Article 7(1) of the Statute for ordering under Count 15, murder as a crime against humanity; Count 16, murder as a violation of the laws or customs of war; Count 17, inhumane acts as a crime against humanity; Count 18, cruel treatment as a violation of the laws or customs of war; and Count 19, attacks on civilians as a violation of the laws or customs of war. The Trial Chamber did not enter convictions under Counts 16 and 18, having found that these crimes were impermissibly cumulative with Count 19. The Trial Chamber sentenced Martić, in absentia
, to a single sentence of thirty-five years of imprisonment
.
On 8 March 1996, the Trial Chamber issued a decision confirming the initial indictment and issuing an international arrest warrant
for Martić which was sent to all States and to the NATO-led Implementation Force (IFOR) that was in Bosnia and Herzegovina
at the time.
Martić surrendered in May 2002. He was transferred
on 15 May 2002 to the ICTY in The Hague
. On 21 May 2002, during his initial appearance, and then again on 23 January 2003 he pleaded not guilty to all the charges held against him in the indictment. The trial commenced before the ICTY on 13 December 2005.
, Cerovljani
, Vukovići
, and Poljanak. The Appeals Chamber rejected Martić’s argument that the Trial Chamber erred in failing to take into account relevant contextual factors, in particular, the political objectives of the Serb leadership. The Appeals Chamber granted the Prosecution’s sole ground of appeal in which it claimed that the Trial Chamber erred in law when it found that persons hors de combat
, i.e. soldiers who are incapable of taking part in the hostilities (for example because injured or detained), could not be victims of crimes against humanity. The Appeals Chamber concluded that the reversals on appeal did not warrant a revision of sentence. On October 8, 2008 the Appeals chamber upheld the Trial Chamber’s ruling. Martić is currently serving his sentence in Germany
.
Milan Martic
Milan Martić is a Serbian politician, former president of the Republic of Serbian Krajina...
was a case (no. IT-95-11-I) judged 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...
, for crimes against humanity.
Events leading to the trial
Milan MartićMilan Martic
Milan Martić is a Serbian politician, former president of the Republic of Serbian Krajina...
was born near Knin
Knin
Knin is a historical town in the Šibenik-Knin county of Croatia, located near the source of the river Krka at , in the Dalmatian hinterland, on the railroad Zagreb–Split. Knin rose to prominence twice in history, as a one-time capital of both the Kingdom of Croatia and briefly of the...
, Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
on November 18, 1954. From January 1991 to August 1995, he held various positions within the government of the Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n Autonomous Region of Krajina
Krajina
-Etymology:In old-Croatian, this earliest geographical term appeared at least from 10th century within the Glagolitic inscriptions in Chakavian dialect, e.g. in Baška tablet about 1105, and also in some subsequent Glagolitic texts as krayna in the original medieval meaning of inlands or mainlands...
, which later evolved into the Republic of Serbian Krajina
Republic of Serbian Krajina
The Republic of Serbian Krajina was a self-proclaimed Serb entity within Croatia. Established in 1991, it was not recognized internationally. It formally existed from 1991 to 1995, having been initiated a year earlier via smaller separatist regions. The name Krajina means "frontier"...
(“RSK”), including Chief of the Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
in Knin, Secretary for Internal Affairs of the SAO Krajina, Deputy Commander of the Territorial Defense of the SAO Krajina, Minister of Defense of the SAO Krajina, Minister of the Interior of the SAO Krajina and of the RSK and, from 25 January 1994 onwards, President of the RSK.
The events giving rise to this trial took place between August 1991 and December 1995 in the SAO Krajina and the RSK. The Trial Chamber
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
found that Martić participated in a joint criminal enterprise
RICO
-Music:*Rico , a 2000 album by Matt Bianco*"Rico" , a 1998 song the Matthew Good Band from the album Underdogs*Rico International, a manufacturer of reeds, mouthpieces, and woodwind accessories...
(JCE) with other individuals, the common purpose of which was the establishment of an ethnically Serb territory through the displacement of the non-Serb population.
Martić participated in the JCE by providing substantive financial, logistical and military support to the SAO Krajina and the RSK, by actively working together with the other JCE participants to fulfill the objective of a united Serb state, by exercising his authority over the Ministry of Internal Affairs (“MUP”) of the SAO Krajina and the RSK, by fuelling an atmosphere of insecurity and fear through public statements, and by participating in the forcible removal of the non-Serb population.
Trial Court
The Trial lasted for 143 days. During the trial the Prosecution called 45 witnesses and had 901 exhibits. The defense presented 22 witnesses and had 90 exhibits. The Trial Chamber concluded that Martić incurred individual criminal responsibility pursuant to Article 7(1) of the Tribunal’s Statute ("Statute"). Martić was convicted of the following crimes:- Count 1, persecution as a crime 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...
; - Count 3, murder as a crime against humanity;
- Count 4, murder as a violation of the laws or customs of war;
- Count 5, imprisonment as a crime against humanity;
- Count 6, torture as a crime against humanity;
- Count 7, inhumane acts as a crime against humanity;
- Count 8, tortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
as a violation of the laws or customs of war; - Count 9, cruel treatment as a violation of the laws or customs of war;
- Count 10, deportation as a crime against humanity;
- Count 11, forcible transfer as a crime against humanity;
- Count 12, wanton destruction of villages or devastation not justified by military necessity as a violation of the laws or customs of war;
- Count 13, destruction or willful damage done to institutions dedicated to education or religion as a violation of the laws or customs of war; and
- Count 14, plunder of public or private property as a violation of the laws or customs of war.
More specifically, the Trial Chamber concluded that the crimes fell within the common purpose of the JCE, or were "foreseeable
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to Martić."
The Trial Chamber therefore convicted Martić under the basic form of JCE for Counts 10, 11, and 1 (in part) and under the extended form of JCE for Counts 3 to 9, 12 to 14 and 1 (in part). The Trial Chamber acquitted Martić of Count 2, extermination as a crime against humanity.
The Trial Chamber further found that Martić ordered the shelling of Zagreb on 2 and 3 May 1995 with Orkan Rockets, containing cluster munitions
Cluster bomb
A cluster munition is a form of air-dropped or ground-launched explosive weapon that releases or ejects smaller sub-munitions. Commonly, this is a cluster bomb that ejects explosive bomblets that are designed to kill enemy personnel and destroy vehicles...
. It thus held that he incurred individual criminal responsibility pursuant to Article 7(1) of the Statute for ordering under Count 15, murder as a crime against humanity; Count 16, murder as a violation of the laws or customs of war; Count 17, inhumane acts as a crime against humanity; Count 18, cruel treatment as a violation of the laws or customs of war; and Count 19, attacks on civilians as a violation of the laws or customs of war. The Trial Chamber did not enter convictions under Counts 16 and 18, having found that these crimes were impermissibly cumulative with Count 19. The Trial Chamber sentenced Martić, in absentia
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
, to a single sentence of thirty-five years of imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
.
On 8 March 1996, the Trial Chamber issued a decision confirming the initial indictment and issuing an international arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
for Martić which was sent to all States and to the NATO-led Implementation Force (IFOR) that was 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...
at the time.
Martić surrendered in May 2002. He was transferred
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
on 15 May 2002 to the ICTY 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...
. On 21 May 2002, during his initial appearance, and then again on 23 January 2003 he pleaded not guilty to all the charges held against him in the indictment. The trial commenced before the ICTY on 13 December 2005.
Appeals Chamber
The Appeals Chamber of the ICTY accepted appeals from both Martić and the Prosecutor. The Defense requested a finding of not guilty or a re-trial on the basis of alleged errors of law and fact. The Prosecution presented one ground of appeal, asking for a revision of the sentence due to an alleged error of law. Appeals hearings took place on the 25th and 26th of June 2008. The Appeals Chamber dismissed nine grounds of Martić’s appeal and accepted two sub-grounds of the fifth ground of appeal, reversing Martić’s convictions relating to specific alleged crimes committed in BenkovacBenkovac
Benkovac is a town and municipality in the interior of Zadar County, Croatia.- Geography :Benkovac is located where the plain of Ravni Kotari and the karstic plateau of Bukovica meet, 20 km from the town of Biograd na Moru and 30 km from Zadar. The Zagreb-Split motorway and Zadar-Knin...
, Cerovljani
Cerovljani
Cerovljani is a village in the municipality of Gradiška, Republika Srpska, Bosnia and Herzegovina.-References:...
, Vukovići
Vukovići
Vukovići is a village in the municipality of Hadžići, Bosnia and Herzegovina.-References:...
, and Poljanak. The Appeals Chamber rejected Martić’s argument that the Trial Chamber erred in failing to take into account relevant contextual factors, in particular, the political objectives of the Serb leadership. The Appeals Chamber granted the Prosecution’s sole ground of appeal in which it claimed that the Trial Chamber erred in law when it found that persons hors de combat
Hors de combat
Hors de Combat, literally meaning "outside the fight," is a French term used in diplomacy and international law to refer to soldiers who are incapable of performing their military function. Examples include a downed fighter pilot, as well as the sick, wounded, detained, or otherwise disabled...
, i.e. soldiers who are incapable of taking part in the hostilities (for example because injured or detained), could not be victims of crimes against humanity. The Appeals Chamber concluded that the reversals on appeal did not warrant a revision of sentence. On October 8, 2008 the Appeals chamber upheld the Trial Chamber’s ruling. Martić is currently serving his sentence in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
.