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Jelisić: The Prosecutor v. Goran Jelisić

Judgment, 14 Dec 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

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.


Deronjić: The Prosecutor v. Miroslav Deronjić

Sentencing Judgment, 30 Mar 2004, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Miroslav Deronjić was indicted for his role in the commission of crimes in the village of Glogova (Bosnia and Herzegovina) in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties, homes, and religious institutions. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty.

In order to determine the appropriate sentence, Trial Chamber II balanced the gravity of the offence, the aggravating and mitigating circumstances.

It held that the large number of casualties, the extensively planned attack, Deronjić's abuse of his political position, and the acceptance of a false statement suggesting safety for the Muslims of Glogova were relevant aggravating factors. Trial Chamber II concluded that the relevant mitigating circumstances were Deronjić's guilty plea, his co-operation with the Prosecution and the Tribunal, his remorse, and contribution to the prevention of massacres, such as the Srebrenica massacre of July 1995, from happening again.

Based on these factors, Trial Chamber II handed down a sentence of 10 years imprisonment.


Babić: The Prosecutor v. Milan Babić

Sentencing Judgment, 29 Jun 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

The case against Milan Babić centered around the crimes that were committed by Serb forces in the Autonomous Region of Krajina (SAO Krajina) in Croatia, later known as the Republic of Serbian Krajina (RSK). Between August 1991 and February 1992, Serb forces attacked towns and villages in the Krajina region. After taking over control of the area, a campaign of crimes was commenced during which Croats and other non-Serbs were subjected to murder, imprisonment, deportation, forcible transfer and destruction of their homes, properties and cultural institutions. Babić held several high-level positions, such as President of the RSK. 

On 27 January 2004, Babić pleaded guilty to the crime against humanity of persecutions and, subsequently, on 28 January 2004, Trial Chamber I found him guilty. 

Trial Chamber I balanced the gravity of the crime Babić admitted to with the aggravating and mitigating circumstances in order to determine the adequate sentence. 

It found that the crimes were of extreme gravity and Babić's high level political position was an aggravating factor since he made resources available and prepared the Serb population to accept the crimes of persecution. Trial Chamber I also found several mitigating factors, including Babić's guilty plea, cooperation with the Prosecution, his remorse and family situation. Babić received a sentence of 13 years of imprisonment.


Seromba: The Prosecutor v. Athanase Seromba

Judgement, 13 Dec 2006, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted him of aiding and abetting genocide against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks committed against the Tutsis. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.

The Trial Chamber considered the Accused’s authority as a respected Catholic priest, the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres and his failure to live up to the trust of the refugees who thought their lives would be safe there as aggravating factors. Seromba’s good reputation prior to the events of 1994, his relative youth at the time of the events and his voluntary surrender to the Tribunal were considered mitigating factors. 


Ostojić: Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić

Indictment, 12 Mar 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.

He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.


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