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Bralo: The Prosecutor v. Miroslav Bralo

Judgment on Sentencing Appeal, 2 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Between April and July 1993 the village of Ahmići (Bosnia and Herzegovina) and its surroundings were subjected to an ethnic cleansing targeting the Muslim population. Miroslav Bralo, also known as “Cicko”, actively participated in these attacks as a member of a unit of the Croatian Defence Council. He pleaded guilty to crimes against humanity and war crimes and Trial Chamber III, subsequently, found him guilty and sentenced him to 20 years of imprisonment.

Bralo appealed the sentencing judgment of 7 December 2005, challenging Trial Chamber III's assessment of the factors which guided it in determining the final sentence.

Bralo adduced three grounds of appeal. In the first one he argued that Trial Chamber III made an error when it classified certain factors as irrelevant to his sentence. The second ground challenged the Chamber's assessment of the factors which it did take into consideration as relevant for Bralo's sentence. In the last ground, Bralo claimed that Trial Chamber III did not reduce his sentence adequately, considering the volume and relevance of the mitigating circumstances.

The Appeals Chamber did not find any error in the findings of Trial Chamber III and dismissed all three grounds of Bralo's appeal. Subsequently, his sentence of 20 years was affirmed.


Brđanin: The Prosecutor v. Radoslav Brđanin

Appeals Judgment, 3 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Radoslav Brđanin, the president of the Crisis Staff of the Autonomous Region of Krajina (ARK) in Bosnia and Herzegovina, was found guilty of war crimes and crimes against humanity by Trial Chamber II for his role in the perpetration of crimes against the non-Serb population of the ARK in 1992.

The Appeals Chamber accepted Brđanin's ground of appeal with respect to alleged errors made in his conviction for torture in the trial judgment. Lacking sufficient evidence, it could not be proven that he aided and abetted the commission of this crime. Furthermore, the Appeals Chamber concluded that Trial Chamber II made an error with regard to the facts of the attack on the town of Bosanska Krupa. Subsequently, Brđanin's conviction for this crime had to be reversed.

The Appeals Chamber also allowed two of the Prosecution’s grounds of appeal. It held that Trial Chamber II made errors when assessing the requirements for a joint criminal enterprise (JCE) (a mode of responsibility in the jurisprudence of the ICTY), particularly the role of the principal perpetrators within the JCE and their relation to the accused, Brđanin.


Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić

Appeals Judgment, 9 May 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

The municipality of Srebrenica (Bosnia and Herzegovina) was attacked and taken under the control of the Army of the Republika Srpska (VRS) in July 1995. Bosnian Muslim men were separated from women, children and the elderly, and, subsequently, murdered. The others were removed from Srebrenica by buses. Vidoje Blagojević and Dragan Jokić played a crucial role in the commission of crimes by units of the VRS in the aftermath of the attacks on Srebrenica. Trial Chamber I convicted Blagojević of complicity in genocide, war crimes and crimes against humanity. Jokić was also found guilty of war crimes and crimes against humanity.

The Appeals Chamber found that Trial Chamber I made an error in finding Blagojević guilty of complicity in genocide, since his knowledge of the forcible transfer operations, the mistreatments and the murders were not enough to establish that he knew of the genocidal intent (a special mental requirement for the crime of genocide) of the perpetrators. Therefore, the Appeals Chamber reversed his conviction for this crime and reduced his initial sentence of 18 years to 15 years of imprisonment.

All other grounds of Blagojević's appeal were rejected, together with the grounds adduced by Dragan Jokić and the Prosecution.


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.


Fuštar: Prosecutor’s Office of Bosnia and Herzegovina v. Dušan Fuštar

Verdict, 21 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina

In this case appearing before the Criminal Division, the accused Dušan Fuštar was found guilty for crimes against humanity regarding his participation in the running of the Keraterm camp in Prijedor municipality. He was sentenced to 9 years of imprisonment after he entered a plea agreement with the Prosecutor’s Office.

This marked the first time that a case referred to the Court of BiH by the ICTY (in the case of Željko Mejakić et al.) was settled through a plea agreement. The Court found Dušan Fuštar guilty and sentenced him to nine years of imprisonment.


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