The Prosecutor v. Zlatko Aleksovski

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number	IT-95-14/1-A
Decision title	Judgment
Decision date	24 March 2000
Parties	The Prosecutor Zlatko Aleksovski
Categories	War crimes
Keywords	war crimes, ICTY
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993. Trial Chamber I found him guilty of outrages upon personal dignity as a violation of the laws or customs of war.

The Appeals Chamber held that Trial Chamber I applied the wrong test for determining the nature of the armed conflict and the status of the protected persons. However, it did not reverse the acquittals on the two counts of grave breaches of the Geneva Conventions.

The Appeals Chamber also agreed with the Prosecution that Trial Chamber I should have found Aleksovski responsible not only for the mistreatments that occurred inside the Kaonik prison but also for those that occurred outside of it. The Appeals Chamber revised the sentence to 7 years of imprisonment.

Procedural history

The indictment was filed on 10 November 1995. The trial commenced on 6 January 1998 and Trial Chamber I rendered its judgment on 25 June 1999.

On 17 and 19 May 1999, the Defence and the Prosecution filed notices of appeal against both the judgment and the sentence imposed by Trial Chamber I.

Related developments

On 22 September 2000, Aleksovski was transferred to Finland to serve his sentence. See ICTY, 'Zlatko Aleksovski and Anto Furundzija transferred to Finland to Serve Sentences', ICTY Press Release, 25 September 2000. And on 14 November 2001, Aleksovski was granted early release.

Legally relevant facts

The events giving rise to the case have occurred in 1993 in the Kaonik prison in the Lašva Valley area of central Bosnia and Herzegovina. During the autumn of 1992, clashes began between the forces of the Bosnian Croats (HVO) and the Bosnian Muslims in the area of the Lašva Valley, resulting in an outbreak of hostilities by the beginning of 1993. During these hostilities, the HVO forces captured and detained Bosnian Muslim men at the Kaonik prison. Those detained were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993 (para. 20 et seq. of the judgment rendered by Trial Chamber I on 25 June 1999).

Aleksovski was charged with inhuman treatment and wilfully causing great suffering or serious injury to body or health (as grave breaches of the Geneva Conventions), as well as outrages upon personal dignity (as violations of the laws or customs of war). Trial Chamber I found Aleksovski guilty of violations of the laws or customs of war and not guilty of the grave breaches of the Geneva Conventions (paras. 1-2 of the judgment rendered by the Appeals Chamber).

Core legal questions

Did Trial Chamber I err in its legal and factual findings with respect to the convictions and sentence imposed upon Zlatko Aleksovski?
Can the Appeals Chamber uphold any of the grounds of appeal adduced by the Appellants?

Specific legal rules and provisions

Article 25 of the ICTY Statute.

Court's holding and analysis

The Prosecution argued that “the majority of the Trial Chamber applied the wrong legal test to determine whether … the armed conflict in the present case was international in nature” (para. 78). The Appeals Chamber found that “the Trial Chamber applied the wrong test for determining the nature of the armed conflict and the status of protected persons within the meaning of Article 2 of the Statute. However, the Appeals Chamber decline[d] to reverse the acquittals on Counts 8 and 9 [grave breaches of the Geneva Conventions]” (para. 154).

The Prosecution further “complain[ed] that the Trial Chamber failed to deal with part of its case” (para. 155), since it found that Aleksovski was responsible for the mistreatments of prisoners within the Kaonik prison only (para. 157), when the Prosecution argued also for the inclusion of mistreatments that took place outside of it (para. 156). The Appeals Chamber accepted that “the only finding which could reasonably have been made by the Trial Chamber, in the light of its other findings, is that the Appellant was individually responsible for the mistreatment by the [Bosnian Croat] soldiers outside the prison by way of having aided and abetted in it” (para. 172).

The Appeals Chamber “has decided to impose on Zlatko Aleksovski a sentence of seven years’ imprisonment” (para. 191).