War Crimes Prosecutor v. Vladimir Kovačević aka "Rambo"

Court	District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Decision title	Indictment
Decision date	26 July 2007
Parties	War Crimes Prosecutor Vladimir Kovačević aka "Rambo"
Categories	War crimes
Keywords	War crimes; cultural property; law of armed conflict
Links	Indictment

Summary

Vladimir Kovačević was a Commander of the Yugoslav Peoples’ Army (JNA) during the Croatian War of Independence (1991-1995). On 6 December 1991, Kovačević allegedly ordered his troops to bombard the city of Dubrovnik. As a result, two people were killed, three others were seriously wounded, six buildings were destroyed, and 46 buildings were substantially damaged.

In February 2001, Kovačević was officially charged with violation of the laws of war (attack against civilians and civilian objects). Even though Kovačević was initially to be tried at the International Criminal Tribunal for the Former Yugoslavia (ICTY), he was declared mentally sick and not fit to stand trial.

In November 2006, the ICTY referred the case to the authorities of the Republic of Serbia.

On 26 July 2007, the Serbian Office of the War Crimes Prosecutor issued an indictment against Kovačević, charging him with war crimes against civilians.

Procedural history

On 22 February 2001, the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY) issued an indictment against Vladimir Kovačević which was comprised of 16 counts harging him with grave breaches of the Geneva Conventions and violations of the laws or customs of war.

On 25 September 2003 Kovačević was arrested, and on 23 October 2003 he was transferred to the detention center of the ICTY.

On 3 November 2003, Kovačević appeared in Court for the first time but did not enter a plea due to his mental health.

On 2 June 2004, he was provisionally released to Serbia for an initial period of six months for medical reasons (he was diagnosed with paranoid psychosis). His provisional release was extended on 2 December 2004.

In April 2006, due to his mental health problems, Kovačević was found unfit to enter a plea or to stand trial, without prejudice to any further criminal proceedings against him should his mental health condition change.

On 17 November 2006, the case was referred to the authorities of the Republic of Serbia pursuant to Rule 11bis of the ICTY Rules of Evidence and Procedure. Kovačević appealed against the referral decision, but on 28 March 2007 his appeal was dismissed.

Related developments

In December 2007, the District Court of Belgrade dismissed the indictment against Kovačević because he was declared unfit to stand trial. Kovačević has been accommodated at the Psychiatric Clinic of the Military Medical Academy in Belgrade where he has received the necessary medical treatment.

Legally relevant facts

Kovačević, as Commander of the Yugoslav Peoples’ Army (JNA) holding the rank of Captain First Class, had direct operational command over the Third Battalion, a component of the 472 (Trebinje) Motorised Brigade.

The ICTY indictment alleged, inter alia, that Kovačević ordered, committed or otherwise aided and abetted the shelling of the old town of Dubrovnik (Croatia) and the surrounding area. Alternatively, the indictment alleged that Kovačević knew or should have known that forces under his command, direction and/or control, or subordinate to him were committing the unlawful acts, and that he failed to take measures to prevent it or to punish the perpetrators.

Core legal questions

Can Vladimir Kovačević be charged with war crimes against civilians?

Specific legal rules and provisions

Geneva Convention (IV), 1949:

Article 3(1)(1) - Conflicts not of an international character
Article 2
Article 27 - Treatment I. General observations

Additional Protocol (II) to the Geneva Conventions, 1977:

Article 4(1) - Fundamental guarantees
Article 4(2)(a) - Fundamental guarantees
Article 13 - Protection of the civilian population
Article 16 - Protection of cultural objects and of places of worship

Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention, 1954:

Article 1(a) - Definition of cultural property
Article 4 - Respect for cultural property
Article 6 - Distinctive marking of cultural property
Article 19 - Conflicts not of an international character

Criminal Code of the Socialist Federal Republic of Yugoslavia, 1977:

Article 142 - War crime against the civilian population

Court's holding and analysis

On 26 July 2007, the Serbian Office of the War Crimes Prosecutor issued an indictment against Kovačević.

The indictment alleged that in the morning of 6 December 1991, ‘Kovačević ordered his troops to open random shell fire at the Old Town of Dubrovnik from artillery weapons and mortars, whereby they targeted civilian subjects, who were not directly involved in the hostilities’ (p. 2). During the attack, the troops also targeted objects protected by international law (historical and architectural monuments).

Furthermore, the indictment alleged that under Kovačević’s command, several hundred missiles were fired at the Old Town of Dubrovnik which resulted in the death of two civilians and the wounding of three others, the complete destruction and burning of six buildings, and substantial damage to 46 buildings and objects.

On the basis of these allegations, Kovačević was charged with war crimes against the civilian population (p. 2).