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(Photo provided courtesy of the ICTY)

(Photo provided courtesy of the ICTY)

Prosecutor v. Ljube Boškoski and Johan Tarčulovski

Court International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Case number IT-04-82-T
Decision title Judgment (public)
Decision date 10 July 2008
Parties
  • The Prosecutor
  • Ljube Boškoski
  • Johan Tarčulovski
Categories War crimes
Links
Other countries involved
  • Macedonia
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Summary

On 12 August 2001, a group of armed individuals under the leadership of Johan Tarčulovski entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The men targeted ethnic Albanians through shootings, setting houses on fire and mistreating the captured people. During this time, Ljube Boškoski was the Minister of Interior of FYROM.

 Trial Chamber II examined the incidents at Ljuboten and other locations. It concluded with respect to Boškoski that he knew that crimes were being committed in and around Ljuboten, and since he reported the incidents to the authorities that should have investigated these allegations, fulfilled his obligations to take steps to punish those who were responsible. Accordingly, he cannot be held guilty on any of the charges.

 Tarculovski, on the other hand, was actively participating in the events of 12 August 2001. He was the leader of the operation and participant in the events. Therefore, Trial Chamber II found him guilty for the war crimes of murder, wanton destruction and cruel treatment. He was sentenced to 12 years of imprisonment.

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Procedural history

The (amended) indictment was filed on 2 November 2005. The trial commenced on 16 April 2007 and closing arguments were heard between 6 and 8 May 2008.

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Related developments

The Prosecution and the Defence of Johan Tarčulovski filed their appeal briefs on 4 November 2008 and 12 January 2009 respectively. 

See for the Prosecution: ICTY, The Prosecutor v. Ljube Boškoski and Johan Tarčulovski, Case No. IT-04-82-A, Notice of Filing of Corrected Public Redacted Version of Prosecution's Appeal Brief (Public), 4 November 2008; and for the Accused, Johan Tarčulovski: ICTY, The Prosecutor v. Ljube Boškoski and Johan Tarčulovski, Case No. IT-04-82-A, Brief of Johan Tarčulovski (Public – Redacted), 12 January 2009. 

The Appeals Chamber rendered its decision on 19 May 2010, upholding the acquittal of Ljube Boškoski and the sentencing of 12 years' imprisonment of Johan Tarčulovski.

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Legally relevant facts

The events giving rise to the case commenced on the morning of 12 August 2001, when a group of armed individuals, mostly policemen, entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The group engaged in a campaign of attacks against the ethnic Albanian population, which manifested in the shooting of unarmed civilians and setting houses on fire. Furthermore, the police severely beat and otherwise injured and maltreated ethnic Albanian civilians (para. 29 et seq.).

During this time, Ljube Boškoski was the Minister of Interior of FYROM, and as such a superior of the police forces. He was charged under Articles 3 and 7(3) of the ICTY Statute (para. 3). Johan Tarčulovski was the leader of the police group that entered the village of Ljuboten. He was charged under Articles 3 and 7(1) of the ICTY Statute (para. 4).

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Core legal questions

  • Do the acts that took place during the particular incidents amount to crimes under Article 3 of the ICTY Statute?
  • If so, can Ljube Boškoski and Johan Tarčulovski be held responsible under the provisions of Article 7(1) and (3) of the ICTY Statute?

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Specific legal rules and provisions

  • Articles 3, 7(1) and (3) of the ICTY Statute.

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Court's holding and analysis

With respect to Ljube Boškoski, Trial Chamber II held that the position of Minister of Interior of FYROM allowed him control over the conduct of the police and other employees of the Ministry. He also had knowledge of the serious allegations that crimes were being committed in Ljuboten and other locations. The Chamber found that reports had been drawn on the incidents and that they had been submitted to the competent authorities with the purpose of commencing judicial investigations. Accordingly, Trial Chamber II held that it was not established that Boškoski failed to take measures to punish his subordinates. On that basis, he was acquitted of all charges(paras. 419 et seq.). 

Trial Chamber II considered Johan Tarčulovski as having a prominent role in the events of 12 August 2001. He was actively engaged in the preparation and coordination of the operation, and personally participated in the incidents of that day. Therefore, the Chamber found that he was responsible for the ordering, planning and instigating of the crimes in Ljuboten (paras. 537 et seq.). The Chamber was not, however, satisfied that Tarčulovski participated in a joint criminal enterprise (paras. 580 et seq.). 

Johan Tarčulovski was sentenced to 12 years of imprisonment (para. 608).

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Further analysis

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Instruments cited

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Related cases

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Additional materials

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Social media links