The Prosecutor v. Tihomir Blaškić

Court	International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Case number	IT-95-14-T
Decision title	Judgment
Decision date	3 March 2000
Parties	The Prosecutor Tihomir Blaškić
Categories	Crimes against humanity, War crimes
Keywords	crimes against humanity, grave breaches of the 1949 Geneva Conventions, individual and superior responsibility, inhuman and cruel treatment, Lašva Valley, violations of the laws or customs of war
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. During this time, the Croatian forces attacked several municipalities in the area of Lašva Valley (Bosnia and Herzegovina). As a result of the attack, hundreds of Bosnian Muslim civilians were killed, arrested, detained, mistreated or forced to leave their homes.

Trial Chamber I found that Tihomir Blaškić ordered a significant number of attacks and did not take measures to prevent or punish the crimes that were committed by his subordinates. Therefore, Trial Chamber I found him responsible for the crimes against humanity and war crimes occurred during those attacks.

Furthermore, Blaškić was found guilty of inhuman and cruel treatment (as crimes against humanity) for the violence at the detention centres, for the forcing of detainees to dig trenches, for the taking of hostages, and for the use of human shields.

Blaškić was sentenced to 45 years of imprisonment.

Procedural history

The (second, amended) indictment was filed on 25 April 1997. The trial commenced on 24 June 1997, and closing arguments were heard between 26 and 30 July 1999.

Related developments

Tihomir Blaškić filed his notice of appeal against the judgment of Trial Chamber I on 17 March 2000. The Appeals Chamber rendered its judgment on 29 July 2004, reducing the sentence handed down by Trial Chamber I from 45 years to 9 years of imprisonment.

On 29 July 2004, Tihomir Blaškić was granted early release (see ICTY, 'Tihomir Blaskic Granted Early Release', ICTY Press Releases, 29 July 2004.

On 29 July 2005, the Prosecution filed for a review of the appeals judgment on the basis of new facts. The motion was dismissed on 23 November 2006 (ICTY, 'Blaškić Case Concluded', ICTY Press Release, 24 November 2006).

Legally relevant facts

The case concerned the crimes committed in the Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994 in the ambit of the conflict between the Croatian Defence Council (HVO) and the forces of the Bosnian Muslim Army. On 16 April 1993, pursuant to an order by Blaškić, the Croatian forces attacked the municipalities of Vitez and Busovača (central Bosnia and Herzegovina). As a result of the attack, hundreds of Bosnian Muslim civilians were killed, arrested, mistreated or forced to leave their homes. Those who were detained were forced to dig trenches, frequently being used also as human shields. Furthermore, the Muslim houses were burned, their properties plundered, and their mosques destroyed. Over twenty villages were attacked under the same scenario and coordination (para. 341 et seq.).

From 27 June 1992, Tihomir Blaškić was the Commander of the HVO Armed Forces Headquarters in central Bosnia and Herzegovina (para. 9).

Core legal questions

Have the elements of the charged crimes been fulfilled?
If so, can Tihomir Blaškić be held responsible for these crimes?

Specific legal rules and provisions

Articles 2, 3, 5, 7(1) and (3) of the ICTY Statute.

Court's holding and analysis

Trial Chamber I found Blaškić responsible, as Commander of the Croatian forces (HVO) in central Bosnia, for all charges of crimes against humanity and war crimes that were committed pursuant to his ordering of a significant number of attacks and his failure to prevent or punish the commission of crimes by his subordinates (paras. 433 et seq., 531, 560, 588 et seq., 661).

Blaškić was found responsible of inhuman and cruel treatment (as crimes against humanity) for the “violence committed in the detention facilities” (para. 721) and for “order[ing] the use of detainees to dig trenches, including under dangerous conditions at the front” (para. 738). Furthermore, Trial Chamber I concluded that “although General Blaškić did not order that hostages be taken, it is inconceivable that as commander he did not order the defence of the town where his headquarters were located. In so doing, Blaškić deliberately ran the risk that many detainees might be taken hostage for this purpose” (para. 741). Trial Chamber I was also “convinced beyond all reasonable doubt that on 20 April 1993 General Blaškić ordered civilians … to be used as human shields in order to protect his headquarters” (para. 743).

Trial Chamber I sentenced Blaškić to 45 years of imprisonment.