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Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić
Judgment, 17 Jan 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
In July 1995, the Army of the Republika Srpska (VRS) attacked the Srebrenica enclave in Bosnia and Herzegovina. After the attacks, units of the VRS killed Bosnian Muslim men and removed women, children and the elderly out of Srebrenica. Two VRS units, the Bratunac and Zvornik Brigades of the Drina Corps, were involved in the commission of crimes against the Bosnian Muslims. While Blagojević was the Commander of the former, Jokić was the Chief of Engineering of the Zvornik Brigade.
Trial Chamber I found that Blagojević's assistance had a substantial effect on the commission of the crimes and that he was aware that his acts would assist the perpetrators. Therefore, he was found guilty of aiding and abetting the crimes of complicity to commit genocide, crimes against humanity (murder, persecutions, and inhumane acts) and war crimes (murder) but he was acquitted of the charges of extermination (as crimes against humanity).
Jokić was also found to have aiding and abetted the crimes against humanity of extermination and persecutions and the war crime of murder as a consequence of his acts of assistance and his knowledge that his acts would facilitate the commission of these crimes.
Trial Chamber I handed down a sentence of 18 years to Blagojević and 9 years to Jokić.
Gavrić : Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić
Indictment , 4 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.
On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.
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.
Knesevic : Public Prosecutor v. Darko Knesevic
Decision, 11 Nov 1997, Netherlands Supreme Court, Criminal Division, The Netherlands
Darko Knesevic was born in Banja Luka (former Yugoslavia) on 10 October 1964. On 1 November 1995, the Officer of Justice of the District Court in Arnhem, the Netherlands, requested a preliminary inquiry into which legal authority was competent in the case against Knesevic. Knesevic was suspected of killing two Bosnian Muslims, threatening others and transferring them to a concentration camp, and attempting to rape two women, while he was part of an armed group serving as part of the Bosnian Serb militias that killed Bosnian Muslim civilians during the armed conflict in the former Yugoslavia (1992-1995).
The Supreme Court of the Netherlands (Hoge Raad), relying on the Geneva Conventions’ concept of universal jurisdiction, ruled that the Dutch military chambers could consider the case even though the alleged crimes were committed outside the Netherlands.
Ivanović : Prosecutor's Office of Bosnia and Herzegovina v. Željko Ivanović a/k/a Arkan
Second Instance Decision on the Revocation of the First Instance Verdict, 5 Dec 2012, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
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.
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