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(Photo provided courtesy of the ICTY)

(Photo provided courtesy of the ICTY)

The Prosecutor v. Biljana Plavšić

Court International Criminal Tribunal for the former Yugoslavia, The Netherlands
Case number IT-00-39&40/1-S
Decision title Sentencing Judgment
Decision date 27 February 2003
Parties
  • The Prosecutor
  • Biljana Plavšić
Categories Crimes against humanity
Keywords aggravating and mitigating circumstances, crimes against humanity, gravity of the crimes, guilty plea, Persecutions, Sentence
Links
Other countries involved
  • Bosnia and Herzegovina
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Summary

The case encompasses the persecution of Bosnian Muslims, Bosnian Croats and other non-Serbs in 37 municipalities of Bosnia and Herzegovina in 1992, and the role played by Biljana Plavšić therein, as a high level political figure. On 2 October 2002, Plavšić pleaded guilty to the crime against humanity of persecutions and the Trial Chamber found him guilty accordingly. 

In order to determine the appropriate sentence for Biljana Plavšić, the Trial Chamber balanced the gravity of the crimes as well as the aggravating and mitigating circumstances. 

With respect to the gravity of the crimes, the Trial Chamber attached weight to the massive scope and extent of the persecutions; the numbers killed, deported and forcibly expelled; the grossly inhumane treatment of detainees; and the scope of the wanton destruction of property and religious buildings. 

Although the Trial Chamber accepted Biljana Plavšić’s superior position as an aggravating factor, it also took into consideration the following mitigating circumstance: Biljana Plavšić’s guilty plea (together with remorse and reconciliation); her voluntary surrender and post-conflict conduct; as well as her age of 72 years.

Balancing all these factors, the Trial Chamber determined that the appropriate sentence for Biljana Plavšić is 11 years’ imprisonment.

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Procedural history

Biljana Plavšić voluntarily surrendered on 10 January 2001. The amended consolidated indictment was filed on 7 March 2002.

On 30 September 2002, the parties entered into a Plea Agreement.

Subsequently, on 2 October 2002, Biljana Plavšić pleaded guilty to the crime against humanity of persecutions. Accordingly, the Trial Chamber entered a finding of guilt (see ICTY, The Prosecutor v. Momčilo Krajišnik, Biljana Plavšić, Case No. IT-00-39 & 40-PT, Rules 62bis Hearing (Open Session), 2 October 2002).

Pursuant to the Plea Agreement, the Prosecution requested the dismissal of the remaining counts, which was granted by the Trial Chamber on 20 December 2002.

The Sentencing Hearing was held between 16 and 18 December 2002.

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Related developments

On 26 June 2003, Biljana Plavšić was transferred to Sweden to serve her sentence.

ICTY, Biljana Plavsic Transferred to Sweden to Serve Prison Sentence, Press Release, 27 June 2003, available at: http://www.icty.org/sid/8229 (last accessed 7 September 2012). 

On 14 September 2009, Biljana Plavšić was granted early release.

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Legally relevant facts

The events giving rise to the case relate to the persecution of Bosnian Muslims, Bosnian Croats and other non-Serbs in 37 municipalities of Bosnia and Herzegovina (para. 8).

Biljana Plavšić held several high-level political positions until December 1992, including the Serbian Representative to the Presidency of the Socialist Republic of Bosnia and Herzegovina and member of the collective and expanded Presidencies of the Republika Srpska (para. 10). 

Plavšić’s role in the ethnic separation was reflected in various ways:

“(a) serving as co-President, thereby supporting and maintaining the government and military at local and national levels through which the objective was implemented;

(b) encouraging participation by making public  pronouncements that force was justified because certain territories within BH were Serbian by right and Serbs should fear genocide being committed against them by Bosnian Muslims and Bosnian Croats;  and

(c) inviting and encouraging paramilitaries from Serbia to assist Bosnian Serb forces in effecting ethnic separation by force.” (para. 14)

The Bosnian Serb forces, collaborating with the Yugoslav Peoples’ Army and Ministry of Police of Serbia and paramilitary units implemented the ethnic separation through committing crimes of persecutions in 37 municipalities of Bosnia and Herzegovina (paras. 15-16).

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Core legal questions

  • Taking into consideration the gravity of the crimes, the aggravating and mitigating factors, what is the appropriate sentence for Biljana Plavšić?

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Specific legal rules and provisions

  • Article 24 of the ICTY Statute.
  • Rule 101 of the ICTY Rules of Procedure and Evidence.

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Court's holding and analysis

Concerning the gravity of the crimes, the Trial Chamber accepted that (para. 52): “[persecution] is a crime of utmost gravity, involving as it does a campaign of ethnic separation which resulted in the death of thousands and the expulsion of thousands more in circumstances of great brutality.  The gravity is illustrated by:

  • the massive scope and extent of the persecutions;
  • the numbers killed, deported and forcibly expelled;
  • the grossly inhumane treatment of detainees; and
  • the scope of the wanton destruction of property and religious buildings.”

The Trial Chamber also accepted that “the superior position of the accused is an aggravating factor … [since] Mrs. Plavšić was in the Presidency, the highest civilian body, during the campaign and encouraged and supported it by her participation in the Presidency and her pronouncements” (para. 57). 

Turning to the mitigating factors, the Trial Chamber found (para. 110): “that the following are the relevant, substantial, mitigating circumstances in this case:

  • Guilty plea (together with remorse and reconciliation);
  • Voluntary surrender;
  • Post-conflict conduct; and
  • Age.”

Balancing all the above factors, the Trial Chamber sentenced Biljana Plavšić to 11 years of imprisonment (para. 134).

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Further analysis

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Instruments cited

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Additional materials