Prosecutor's Office of Bosnia and Herzegovina v. Željko Ivanović a/k/a Arkan

Court	Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Case number	S1 1 K 003442 12 Kžk
Decision title	Second Instance Decision on the Revocation of the First Instance Verdict
Decision date	5 December 2012
Parties	Željko Ivanović a/k/a Arkan Prosecutor's Office of Bosnia and Herzegovina
Other names	Arkan
Categories	Genocide
Keywords	Genocide (committing), Srebrenica

Summary

The Appellate Division granted the appeal in this case, revoked the first instance verdict, and ordered a retrial. On 17 June 2013, in the second-instance verdict, the Appeals Panel of the Court of Bosnia and Herzegovina found the accused Željko Ivanović guilty of the criminal offense of genocide and sentenced him to a 24-year long-term imprisonment.

Procedural history

On 5 March 2009 the Court of Bosnia and Herzegovina ordered Željko Ivanović into custody. Charges in the indictment dated 25 May 2009 were confirmed against the accused on 4 June 2009. He pleaded not guilty to the charges entered against him.

On 29 June 2009, at the plea hearing before the Section I for War Crimes of the Court, the accused Željko Ivanović pleaded not guilty.

The main trial commenced on 27 August 2009 and on 24 April 2012, the Trial Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina pronounced the verdict of first instance. The Court found Željko Ivanović guilty of the criminal offence of crimes against humanity and he was sentenced to 13 years of imprisonment.

Both the Prosecutor’s Office and the Defense Counsel for the accused filed appeals. On 16 November 2012 the Appellate Division held a public session where both sides presented their appeals.

More procedural information can be found here.

Related developments

The new trial started on 4 February 2013 and on 17 June 2013, the Appeals Panel of the Court of Bosnia and Herzegovina handed down a verdict finding Željko Ivanović guilty of the criminal offense of genocide in violation of article 171(a) as read with article 31 of the Criminal Code of Bosnia and Herzegovina (accessory). He was sentenced to a 24-year long-term imprisonment.

Legally relevant facts

The accused Željko Ivanović was a member of the Special Police Unit of the 2nd Šekovici Detachmnet, RS Mol. During the period from 10 to 19 July 1995, he participated in a joint criminal enterprise (JCE) with the aim of forcibly transferring around 40,000 civilians from the enclave of Srebrenica and executing more than 7,000 Bosnian men and boys. He was also involved in searching Bosnian villages, capturing Bosnian men trying to escape and escorting men to the Kravica Agricultural Cooperative warehouse where they were subsequently killed.

Core legal questions

Both the Prosecutor’s Office and the Defense Counsel for the accused asked the Appellate Division to review whether there have been essential violations of the criminal procedure provisions, incorrect and incomplete established state of facts, violations of the Criminal Code and an incorrect decision on the sanction. The Prosecutor argued for an alteration to the verdict finding Željko Ivanović guilty of the criminal offense of genocide as charged under the indictment.

Specific legal rules and provisions

Criminal Code of Bosnia and Herzegovina:

Article 29 (accomplices).
Article 171 (genocide).
Article 172(1)(a) (crimes against humanity).
Article 180(1) (individual criminal responsibility).

Court's holding and analysis

On 5 December 2012, the Panel of Section I for War Crimes of the Appellate Division of the Court granted the appeals and revoked the first instance decision. A retrial before the Appellate Panel was ordered.