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(Photo provided courtesy of the ICTY)

(Photo provided courtesy of the ICTY)

The Prosecutor v. Goran Jelisić

Court International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Case number IT-95-10-T
Decision title Judgment
Decision date 14 December 1999
Parties
  • The Prosecutor
  • Goran Jelisić
Categories Crimes against humanity, Genocide, War crimes
Keywords Brcko, crimes against humanity, cruel treatment, dolus specialis, genocide, guilty plea, Murder, plunder, violations of the laws or customs of war
Links
Other countries involved
  • Bosnia and Herzegovina
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Summary

Jelisić was brought before the ICTY for his role in the commission of crimes in the municipality of Brčko (Bosnia and Herzegovina) in 1992. During this time, the Serb forces obtained control over the area and expelled the Croat and Muslim residents from their homes. The non-Serbs were detained in collection centres, such as the Luka camp near the town of Brčko (Bosnia and Herzegovina). Those detained were subjected to inhumane conditions, killings and mistreatments. Jelisić regularly entered the Luka camp and beat, mistreated and often killed the detainees.

Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity.

Trial Chamber I held that the requirements of his guilty plea have been fulfilled and, subsequently, it found Jelisić guilty of all counts of crimes against humanity and war crimes to which he pleaded guilty.

With respect to genocide, Trial Chamber I found that there was insufficient evidence to prove the existence of a special plan to destroy the Muslim group (the special intent element required for the crime of genocide) in Brčko, Bosnia and Herzegovina. Similarly, Trial Chamber I found that even Jelisić himself did not have this special intent. Therefore, he was acquitted of the charge of genocide. 

Jelisić was sentenced to 40 years of imprisonment.

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Procedural history

The second amended indictment was filed on 19 October 1998. 

On 9 September 1998, the parties agreed to set out a factual basis, and on 29 October 1998, Jelisić pleaded not guilty to genocide and guilty to the counts of violations of the laws or customs of war and crimes against humanity. The trial proceedings remained to deal with the charge of genocide alone (see ICTY, '"Brcko" Indictment: Goran Jelisic Pleads Guilty to the Majority of the Charges in the Second Amended Indictment, ICTY Press Release, 29 October 1998). 

On 19 October 1999, Trial Chamber I pronounced its oral judgment in which it convicted Jelisić of violations of the laws or customs of war and crimes against humanity, to which he pleaded guilty, but acquitted him of genocide due to absence of sufficient evidence to sustain his liability (see ICTY, 'Jelisic Case: Goran Jelisic Acquitted of Genocide and found Guilty of Crimes against Humanity and Violations of Laws or Customs of War', ICTY Press Release, 19 October 1999.

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Related developments

The Prosecution appealed against the acquittal of Jelisić on the count of genocide. Jelisić appealed against the sentence imposed by Trial Chamber I for the counts to which he pleaded guilty.

The Appeals Chamber rendered its judgment on 5 July 2001, affirming the sentence of 40 years’ imprisonment imposed by Trial Chamber I.

On 7 January 2002, the Defence counsel for Goran Jelisić filed a confidential request for review of the judgments of Trial Chamber I and the Appeals Chamber. On 2 May 2002, the Appeals Chamber dismissed the request.  On 29 May 2003, Goran Jelisić was transferred to Italy to serve his sentence (see ICTY, 'Goran Jelisic Transferred to Italy to Serve Prison Sentence', ICTY Press Release, 29 May 2003).

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Legally relevant facts

The events giving rise to the case have occurred in the municipality of Brčko in the north-eastern part of Bosnia and Herzegovina. Serb forces obtained control over the area from about 30 April 1992. As a consequence, the Croat and Muslim residents were expelled from their homes and held at collection centres where many were killed, beaten or otherwise mistreated. On 1 May 1992, radio broadcasts ordered the non-Serb population to surrender their weapons. Jelisić was part of the Bosnian Serb forces that took part in the operation against the non-Serb civilians. From May until July 1992, the Serb forces detained non-Serbs at the Luka camp, a facility outside the town of Brčko (Bosnia and Herzegovina). The detainees were subjected to inhumane conditions, killings, and mistreatments. Jelisić regularly entered the Luka camp, where he held a position of authority. He selected detainees for interrogation, during which he beat, and often shot and killed them. (paras. 18 et seq.)

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Core legal questions

  • Have the requirements of a guilty plea been fulfilled with respect to the crimes against humanity and war crimes to which Goran Jelisić pleaded guilty?
  • Have the elements of the crime of genocide been fulfilled?
  • If so, can Goran Jelisić be held liable for it?

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Specific legal rules and provisions

  • Articles 3, 4 and 5 of the ICTY Statute.
  • Rule 62bis of the ICTY Rules of Procedure and Evidence.

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Court's holding and analysis

Trial Chamber I found Jelisić guilty of all counts of violations of the laws or customs of war and crimes against humanity to which he pleaded guilty. (paras. 24 et seq.).

With respect to genocide, Trial Chamber I found that “the Prosecutor has not provided sufficient evidence allowing it to be established beyond all reasonable doubt that there existed a plan to destroy the Muslim group in Brčko [Bosnia and Herzegovina] or elsewhere within which the murders committed by the accused would allegedly fit” (para. 98).

Trial Chamber I also considered whether Jelisić alone could have committed genocide. Trial Chamber I acknowledged that “[s]uch a case is theoretically possible. The murders committed by the accused are sufficient to establish the material element of the crime of genocide and it is a priori  possible to conceive that the accused harboured the plan to exterminate an entire group without this intent having been supported by any organisation in which other individuals participated” (para. 100). However, in the present case, “it has not been proved beyond all reasonable doubt that the accused was motivated by the dolus specialis of the crime of genocide … [and] must be found not guilty on this count” (para. 108).

Jelisić was sentenced to 40 years imprisonment.

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Instruments cited

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Related cases

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Additional materials