Office of the War Crimes Prosecutor v. Milorad Pejić

Court	District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Case number	KTRZ 4/03
Decision title	Indictment
Decision date	8 April 2008
Parties	Office of the War Crimes Prosecutor Milorad Pejić
Categories	War crimes
Keywords	Former Yugoslavia; murder; Ovcara massacre; war crimes against prisoners of war
Links	Indictment

Summary

Milorad Pejić was born on 4 April 1969 in the village of Vukovar located in eastern Croatia. Pejić, who lived in the United Kingdom since 1999, was arrested in March 2008 at the airport in Belgrade when he wanted to bring a visit to his mother. He was charged with being involved in a horrific massacre that took place in November 1991. At that time, ethnic Croat prisoners were taken from the Vukovar hospital and subsequently brought to a pig farm in Ovčara, outside Vukovar. The prisoners were beaten, tortured and subsequently killed. Their bodies were buried in mass graves.

Procedural history

On 19 March 2008, Milorad Pejić was arrested at Nikola Tesla airport in Belgrade.

Related developments

On 12 March 2009, Pejić was acquitted on charges of war crimes against prisoners of war in connection to the Ovčara massacre.

Legally relevant facts

Pejić was a member of the Vukovar Territorial Defence force (TO), which was part of the Serb-led Yugoslav People's Army (JNA).

On 18 November 1991, the JNA attacked the village of Vukovar in the Republic of Croatia (p. 1). The JNA took ethnic Croats, who had surrendered their weapons to JNA troops, from the hospital in Vukovar. The captives included members of the Croatian armed forces, militias, volunteer units, and individuals who escorted the armed forces though they were not their constituent part.

The captives became prisoners of war and were brought to the Ovčara farm where they were handed over to the Vukovar TO force. Between the afternoon of 20 November and the morning of 21 November 1991, the prisoners were beaten, tortured and subsequently 200 prisoners were killed (p. 2).

The indictment alleged that Pejić was present at Ovčara together with other TO members and members of a volunteer unit called “Leva Supoderica”, which was also taking part in the massacre. The massacre is now known as the “Ovčara massacre” (p. 1).

Pejić allegedly took part in the Ovčara massacre and was charged with war crimes against prisoners of war pursuant to Article 144 of the Criminal Code of the Socialist Federal Republic of Yugoslavia (p. 7).

Core legal questions

Can Pejić be found guilty for war crimes against prisoners of war?

Specific legal rules and provisions

Geneva Convention (III), 1949:

Article 3(1)(a) - Conflicts not of an international character
Article 4 - Prisoners of war

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

Article 22 - Complicity
Article 144 - War crime against prisoners of war

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

Article 4 - Fundamental guarantees

Instruments cited

Geneva Convention (III), 1949.
The Criminal Code of the Socialist Federal Republic of Yugoslavia, 1977.
Additional Protocol (II) to the Geneva Conventions, 1977.

Related cases

District Court in Belgrade, War Crimes Chamber (Republic of Serbia), Office of the War Crimes Prosecutor v. Saša Radak, Indictment, 13 April 2005.

District Court in Belgrade, War Crimes Chamber (Republic of Serbia), Office of the War Crimes Prosecutor v. Miroljub Vujović et al., Case No. K.V. No. 1/03, Indictment, 16 September 2005.