The Prosecutor v. Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, Vladimir Šantić, also known as “Vlado”

Court	International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Case number	IT-95-16-T
Decision title	Judgement
Decision date	14 January 2000
Parties	The Prosecutor Zoran Kupreškić Mirjan Kupreškić Vlatko Kupreškić Drago Josipović Dragan Papić Vladimir Šantić
Other names	ICTY, Trial Chamber II, Prosecutor v. Kupreškić et al.
Categories	Crimes against humanity, War crimes
Keywords	Ahmici, crimes against humanity, inhumane acts, Murder, persecution, violations of the laws or customs of war
Links	Judgement
Other countries involved	Bosnia and Herzegovina

Summary

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, and Vladimir Šantić were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim population of the village of Ahmići in Bosnia and Herzegovina. In April 1993, the Bosnian Croat forces attacked the village, aiming to remove the Muslim inhabitants through the commission of crimes against them. The attack resulted in the deaths of over a hundred Muslim inhabitants, numerous others were wounded and Muslim houses and mosques were destroyed.

Trial Chamber II was satisfied that the attack on Ahmići was targeting the Muslim civilians with the aim to spread terror among them and assure that they will never return to their homes.

Dragan Papić was acquitted of the charges of persecutions (as a crime against humanity) due to insufficient evidence to sustain that he participated in the attacks.

Trial Chamber II found Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, and Vladimir Šantić guilty of persecution (as a crime against humanity). Furthermore, Josipović and Šantić were found guilty of murder and inhumane acts (both as crimes against humanity).

Trial Chamber II handed down sentences ranging between 6 and 25 years of imprisonment.

Procedural history

The amended indictment was filed on 9 February 1998. The trial commenced on 17 August 1998, and closing arguments were heard between 8 and 10 November 1999.

Related developments

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović and Vladimir Šantić filed their respective notices of appeal in the period between 24 and 28 January 2000. The Prosecution filed its notice of appeal on 31 January 2000.

The appeals hearing took place from 23 to 25 July 2001.

The Appeals Chamber rendered its judgment on 23 October 2001, reversing the convictions of Zoran, Mirjan and Vlatko Kupreškić and ordered their release. Drago Josipović’s sentence was reduced to 12 years and that of Vladimir Šantić to 18 years of imprisonment.

Drago Josipović and Vladimir Šantić were transferred to Spain to serve their sentences on 9 April 2002 and 11 April 2002 respectively (see ICTY, 'Drago Josipovic Transferred to Spain to Serve Prison Sentence', ICTY Press Release,9 April 2002; and ICTY, 'Vladimir Santic Transferred to Spain to Serve the Remainder of His Prison Sentence', ICTY Press Release, 12 April 2002).

On 30 January 2006, Drago Josipović was granted early release.

On 9 February 2009, Vladimir Šantić was granted early release.

Legally relevant facts

On 16 April 1993, Bosnian Croat forces attacked the village of Ahmići in Bosnia and Herzegovina. The operation was a deliberate attack on the Muslim civilians of Ahmići, aiming to cleanse the area of its Bosnian Muslim inhabitants. The attack resulted in the deaths of over a hundred Bosnian Muslims, injuring numerous others and destroying Muslim houses and mosques. The attack was planned and carried out by the forces of the Croatian Defence Council (HVO) and the special unit of the Croatian military police called the “Jokers”. There were no Muslim military forces or any military establishment belonging to the Army of Bosnia and Herzegovina present during the time of the attack in Ahmići (Bosnia and Herzegovina). (paras. 38 et seq.)

In April 1993, Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Dragan Papić, and Drago Josipović were members of the Bosnian Croat forces (HVO). Vladimir Šantić was the local commander of the military police and of an anti-terrorist unit of the Croatian Military Police called the “Jokers”. (paras. 339 et seq.)

Core legal questions

Have the elements of the charged crimes been fulfilled?
If so, can the Accused be held liable for these crimes?

Specific legal rules and provisions

Articles 3, 5 and 7(1) of the ICTY Statute.

Court's holding and analysis

Trial Chamber II was “satisfied … that [the attack on Ahmići, Bosnia and Herzegovina] was not a combat operation. Rather, it was a well-planned and well organised killing of civilian members of an ethnic group, the Muslims, by the military of another ethnic group, the Croats … [with] [t]he ultimate goal … to spread terror among the population so as to deter the members of that particular ethnic group from ever returning to their homes” (para. 749).

With respect to Dragan Papić, Trial Chamber II found that insufficient evidence was adduced to support that Papić participated in the conflict. “Therefore, the Trial Chamber finds that there is reasonable doubt as to whether Dragan Papić participated in the conflict that day, and accordingly finds the accused not guilty under count 1 [persecution as a crime against humanity]” (para. 769).

Trial Chamber II found Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, and Drago Josipović guilty of persecution as a crime against humanity. Drago Josipović and Vladimir Šantić were further found guilty of murder and other inhumane acts as crimes against humanity. None of the Accused was found guilty of war crimes (paras. 770 et seq.).

The sentences imposed ranged between 6 and 25 years of imprisonment.