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After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment.

The Appeals Chamber denied Duško Tadić’s appeal on all grounds. It did allow, however, the Prosecution’s appeal, reversing the judgment of Trial Chamber II and entering convictions for war crimes and crimes against humanity.

The Appeals Chamber also held that an act carried out for the purely personal motives of the perpetrator can constitute a crime against humanity. Furthermore, Trial Chamber II erred in finding that all crimes against humanity require discriminatory intent. 

The issue of sentencing was referred to a Trial Chamber.

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

Trial Chamber II found that the acts of the Bosnian Serbs amounted to war crimes and crimes against humanity. It found the three accused responsible for these crimes.

Dragoljub Kunarac was found guilty of crimes against humanity (torture, rape, enslavement), and war crimes (torture and rape) and, subsequently, sentenced to 28 years of imprisonment.

Radomir Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape. He was sentenced to 20 years of imprisonment.

Zoran Vuković was found guilty of torture and rape as both war crimes and crimes against humanity. Trial Chamber II sentenced him to 12 years of imprisonment.

In 1992, the so-called Mujahedin forces joined the military struggle of the Army of Bosnia and Herzegovina against the Serbian forces. During three incidents between 1993 and 1995, the Mujahedin forces maltreated and killed both civilians and soldiers of the adversaries. 

Trial Chamber I found that these acts amounted to war crimes in the meaning of Article 3 of the ICTY Statute. 

When considering whether Rasim Delić could be held responsible for failing to prevent and punish these crimes, the Chamber found that he was guilty only with respect to the cruel treatment of captured Serb soldiers during the Livade incident. It found Delić not guilty with respect to the incident of Bikoši due to the lack of superior-subordinate relationship between those who committed the crimes and Delic. Responsibility for the last incident – in Kesten – was also rejected due to Delić's lack of reason to know that the crimes were about to be committed. 

Delić received a sentence of three years of imprisonment.

Momčilo Krajišnik was found guilty by Trial Chamber I on multiple counts of crimes against humanity for his role in the 1991-1992 events in municipalities of Bosnia and Herzegovina. He appealed the decision, representing himself. The Appeals Chamber appointed a counsel as amicus curiae (friend of the Court) to assist his case through the filing of an additional appeal in order to represent Krajišnik's interests.

The Appeals Chamber held that Trial Chamber I made errors with respect to the expansion of the crimes forming part of the joint criminal enterprise of the perpetrators and the manner in which Krajišnik could be held liable for them. Therefore, it acquitted Krajišnik of murder, extermination and persecution as crimes against humanity.

The Appeals Chamber rejected the arguments of the Prosecution, in which the latter argued that the sentence was not properly determined by Trial Chamber I, and should be raised to life imprisonment.

In light of the acquittals on several counts, the Appeals Chamber reduced Krajišnik's sentence from 27 years to 20 years of imprisonment.

On 12 August 2001 the village of Ljuboten, located in the Former Yugoslav Republic of Macedonia (FYROM), was attacked. The police killed ethnic Albanians and set fire to homes in the village. Ljube Boškoski was the Minister of the Interior of the FYROM while Johan Tarčulovski was a police officer. For their role and participation in these events, they were brought before Trial Chamber II of the ICTY. While Trial Chamber II acquitted Boškoski of the charges, it did find Tarčulovski guilty of war crimes.

Tarčulovski presented seven grounds of appeal to the Appeals Chamber, arguing that Trial Chamber II made incorrect interpretations of the law with regard to the elements of war crimes, his individual criminal responsibility and in considering evidence.

The Prosecution appealed the acquittal of Boškoski on the ground that he should have been held responsible for his failure to punish his subordinates for committing the crimes at Ljuboten.

However, the Appeals Chamber disagreed with both the Accused and the Prosecution; Tarčulovski's sentencing was upheld, and so was Boškoski's acquital.