The Prosecutor v. Jević et al.

Court	State Court of Bosnia & Herzegovina (War Crimes Chamber), Bosnia and Herzegovina
Case number	X-KR009/823-1
Decision title	Verdict at First Instance
Decision date	25 May 2012
Parties	The Prosecutor Duško Jević alias Staljin Mendeljev Đurić alias Mane Goran Marković Neđo Ikonić
Categories	Genocide
Keywords	Forcible transfer, genocide, Murder
Links	Verdict at First Instance

Summary

In October 1991, the Republic of Bosnia and Herzegovina declared independence from Yugoslavia resulting in a civil war between the Bosnian Serbs and the Bosniaks (Bosnian Muslims) in order to gain control of territory. The enclave of Srebrenica, near the border with Serbia, became a refuge for Bosniak civilians from nearby areas a Bosnian Serb forces obtained greater control over the surrounding area. A UN peacekeeping compound was based at Potocari in Srebrenica composed of lightly armed Dutch peacekeepers who were entrusted with keeping the area free from attack.

From 6 to 8 July 1995, Bosnian Serb forces attacked the Srebrenica enclave and shelled the township and on 11 July 1995, Bosnian Serb troops entered Srebrenica unopposed.

The Bosnian Serb troops proceeded to separate the women, children and elderly men from the military aged and able bodied males. The former group were loaded onto buses and transported to areas under the control of the Bosnian Serb Army. The men were hoarded onto separate buses and, in the coming days, were detained and summarily executed by members of the VRS (Republika Srpska Army) and police units including the 1st Company of the Jahorina Training Center of the Special Police Brigade of the MUP RS (Republika Sprska Ministry of the Interior). Some 40,000 people were forcibly transferred and between 7000 and 8000 men were executed.

Duško Jević, Mendeljev Đurić, Goran Marković and Nedo Ikonić all occupied leadership positions within the Jahorina Training Center with Jević being the overall Commander. The War Crimes Chamber of the State Court of Bosnia & Herzegovina convicted Jević and Đurić of genocide for their participation in Srebrenica and sentenced them to 35 and 30 years’ imprisonment respectively. Marković and Ikonić were acquitted.

Procedural history

The State Investigation and Protection Agency (SIPA) arrested Jević in October 2009.

On 15 January 2010, the Office of the Prosecutor indicted Duško Jević, Mendeljev Đurić and Goran Marković on charges of genocide at Srebrenica. On 22 January 2010, the Court of Bosnia & Herzegovina confirmed the indictment.

On 19 February 2010, all the accused entered not guilty pleas.

On 19 April 2010, the Court ruled to join the case of Jević, Đurić and Marković with that of Ikonić. The trial commenced on 29 April 2010.

Legally relevant facts

Jević was Assistant to the Commander of the Special Police Brigade of the MUP RS (Republika Sprska Ministry of the Interior) and Commander of the Jahorina Training Center of the Special Police Brigade. Đurić was the Commander of the 1st Company of the Jahorina Training Center. Marković and Ikonić were both Commanders of the 2nd Platoon of the 1st Company of the Jahorina Training Center (p. 3, Indictment).

On 12 July 1995, members of the 1st Company of the Jahorina Training Center, armed with automatic weapons, participated in the search of Bosniak houses with the aim of escorting them to the UN compound in Potocari from whence they would be transferred to areas under the control of the Bosnian Army (p. 3, Indictment).

At the UN compound, only women, children and elderly men were boarded onto the buses leaving the UN compound. More than 1000 able-bodied men were separated from their families, deprived of their personal property and beaten. The men were detained at Kravica Warehouse where some were sumamrily executed during the night and the following day. Others were transferred to provisional places of detention in Bratunac where they would be summarily executed. The same fate awaited those men who attempted to escape whilst in detention. The nearby forest was searched on 17 and 18 July for Bosniak men and any found were immediately executed and buried in a mass grave (pp. 4-6, Indictment).

Core legal questions

To be completed when text of judgment is issued.

Specific legal rules and provisions

Articles 171 and 180(1) of the Criminal Code of Bosnia and Herzegovina.

Court's holding and analysis

Jević and Đurić were convicted of the crime of genocide in violation of the Criminal Code of Bosnia & Herzegovina. The Court found that Jević, by virtue of his official position, had willingly aided members of the joint criminal enterprise including VRS (Republika Srpksa Army) Main Staff Officers, senior VRS security officers and other members of the military and civilian leadership of the Republika Srpska in exterminating in part the Bosniak people. The Court found that some 40,000 women, children and elderly men were forcibly transferred and some 7000 to 8000 Bosniak men were summarily executed. Jević and Đurić had ordered members of the 1^st Company to take part in the forcible transfer of Bosniak civilians from Potocari, the separation of able-bodied men, their detention in the White House and the subsequent mass killings in the Kravica warehouse.

Jević was sentenced to 35 years’ imprisonment, Đurić to 30 years’ imprisonment.

Marković and Ikonić were acquitted.