The Prosecutor v. Vidoje Blagojević and Dragan Jokić

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number	IT-02-60-A
Decision title	Appeals Judgment
Decision date	9 May 2007
Parties	The Prosecutor Vidoje Blagojević Dragan Jokić
Categories	Crimes against humanity, Genocide, War crimes
Keywords	genocide, war crimes, crimes against humanity, persecution, murder, extermination, Forcible transfer, Srebrenica
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

The municipality of Srebrenica (Bosnia and Herzegovina) was attacked and taken under the control of the Army of the Republika Srpska (VRS) in July 1995. Bosnian Muslim men were separated from women, children and the elderly, and, subsequently, murdered. The others were removed from Srebrenica by buses. Vidoje Blagojević and Dragan Jokić played a crucial role in the commission of crimes by units of the VRS in the aftermath of the attacks on Srebrenica. Trial Chamber I convicted Blagojević of complicity in genocide, war crimes and crimes against humanity. Jokić was also found guilty of war crimes and crimes against humanity.

The Appeals Chamber found that Trial Chamber I made an error in finding Blagojević guilty of complicity in genocide, since his knowledge of the forcible transfer operations, the mistreatments and the murders were not enough to establish that he knew of the genocidal intent (a special mental requirement for the crime of genocide) of the perpetrators. Therefore, the Appeals Chamber reversed his conviction for this crime and reduced his initial sentence of 18 years to 15 years of imprisonment.

All other grounds of Blagojević's appeal were rejected, together with the grounds adduced by Dragan Jokić and the Prosecution.

Procedural history

The amended joinder indictment was filed on 26 May 2003. The trial commenced on 14 May 2003, and closing arguments were presented between 29 September and 1 October 2004. Trial Chamber I rendered its decision on 17 January 2005, sentencing Blagojević to 18 years' imprisonment (for complicity to commit genocide, crimes against humanity and war crimes) and Jokić to 9 years' (for aiding and abetted crimes against humanity and war crimes).

Related developments

Following the decision of the Appeals Chamber, Blagojević was transferred to Norway to serve his sentence on 25 January 2008, and Jokić was transferred to Austria on 22 December 2008. See the ICTY Press Releases: 'Vidoje Blagojević Transferred to Norway to Serve Sentence', 25 January 2008; and 'Dragan Jokić Transferred to Austria to Serve Sentence', 22 December 2008.

On 13 January 2010, Jokić was granted early release.

Legally relevant facts

The Army of the Republika Srpska (VRS) attacked and gained control over the municipality of Srebrenica (Bosnia and Herzegovina) between 6 and 11 July 1995. After the attacks, units of the VRS killed Bosnian Muslim men and removed women, children and the elderly out of Srebrenica. The conduct of two such units gave rise to the case against the accused: the Bratunac and Zvornik Brigades of the Drina Corps of the VRS (para. 2).

Trial Chamber I found Vidoje Blagojević, commander of the Bratunac Brigade, responsible under Article 7(1) of the ICTY Statute of complicity in (by aiding and abetting) genocide, aiding and abetting war crimes (murder) and aiding and abetting crimes against humanity (murder, persecutions, forcible transfer) (para. 3).

It also found Dragan Jokić, a major within the VRS and the Chief of Engineering of the Zvornik Brigade, liable under Article 7(1) of the ICTY Statute for aiding and abetting the war crime of murder and for aiding and abetting crimes against humanity (extermination and persecutions) (para. 4).

All parties appealed the trial judgment.

Core legal questions

Did Trial Chamber I err in its findings with respect to the convictions of Vidoje Blagojević and Dragan Jokić?
Can the Appeals Chamber uphold any of the grounds of appeal adduced by the parties?

Specific legal rules and provisions

Article 25 of the ICTY Statute.
Rules 117 and 118 of the ICTY Rules of Procedure and Evidence.

Court's holding and analysis

In ground six of his appeal, Vidoje Blagojević argued that Trial Chamber I had erred in its finding that “he had knowledge of the commission of the crime of genocide or the genocidal intent of the principal perpetrator” (para. 120). Indeed, the Appeals Chamber held that it was “not convinced by the Trial Chamber’s reasoning that the forcible transfer operation alone or coupled with the murders and mistreatment in Bratunac town would suffice to demonstrate the principal perpetrators’ intent to “destroy” the protected group” (para. 123). Unable to conclude beyond reasonable doubt that Blagojević “had knowledge of the principal perpetrators’ genocidal intent” (para. 123), the Appeals Chamber reversed Blagojević's conviction for complicity in genocide (para. 124).

In ground seven, Blagojević challenged Trial Chamber I's findings with respect to the form of participation of aiding and abetting under Article 7(1) of the ICTY Statute. The Appeals Chamber allowed Blagojević's appeal solely with respect to the crime of genocide since in the previous ground it already reversed his conviction for this crime (para. 135). All other grounds of Blagojević's appeal were rejected.

All grounds of appeal adduced by Dragan Jokić and the Prosecution were dismissed. The sentence of Blagojević was reduced to 15 years' imprisonment (p. 137).