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Tadić: The Prosecutor v. Duško Tadić a/k/a “Dule”
Opinion and Judgment in First Instance, 7 May 1997, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
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 held that the elements required for the establishment of grave breaches of the Geneva Conventions have not been met. Particularly, the Muslim victims were not in the hands of the party to the conflict of which they were not nationals, since the armed forces of the Republika Srpska were not an organ or agent of the Federal Republic of Yugoslavia. Therefore, the victims could not be seen as “protected persons” within the meaning of the Geneva Conventions; as such, Trial Chamber II acquitted Tadić of all charges of grave breaches of the Geneva Conventions.
Trial Chamber II found Tadić guilty of crimes against humanity (persecutions and inhumane acts) and of violations of the laws or customs of war (cruel treatment).
Tadić: The Prosecutor v. Duško Tadić a/k/a “Dule”
Sentencing Judgment in First Instance, 14 Jul 1997, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
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.
In order to determine the appropriate sentence, Trial Chamber II balanced several sentencing factors. Trial Chamber II, when assessing the aggravating factors, took into consideration the gravity of the offences and Tadić’s awareness of, and support for the attacks against the non-Serb civilians. However, Trial Chamber II considered that Tadić had an unimportant leadership and organisational role in the commission of the crimes.
Trial Chamber II also affirmed its previous findings that crimes against humanity are more serious offences than war crimes and as such, attract higher sentences. The reason for this lies in the widespread or systematic scale and the quantity of the crimes, having a qualitative impact on the nature of the offence which is seen as a crime against humanity as a whole.
Tadić was sentenced to 20 years’ imprisonment.
Vračević: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Vračević a/k/a Srbin
Indictment, 27 Dec 2006, State Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirko Vračević was born on 15 March 1945 in Donji Smrtići in Republika Srpska, Bosnia and Herzegovina. He was member of the Bijelo Polje Battalion of the Second Brigade of the Croatian Defence Council (HVO), and a guard in the Vojno prison facility which was set up by the HVO. In the period between July 1993 and March 1994, Vračević planned, instigated and perpetrated an attack conducted by the HVO against the Bosnian Muslims (Bosniak) residing in the municipality of Mostar. During that attack, 76 women, children and elderly were arrested and later kept in houses in Vojno village located in the Mostar municipality. Moreover, hundreds of men were kept in garages and cellars of houses where they were beaten and psychologically maltreated, and as a result, 16 of them died. During their detention, the Bosniak civilians did not have access to adequate food, clothing, drinking water or medical care.
Mehinovic v. Vuckovic: Kemal Mehinovic et al. v. Nikola Vuckovic
Order, 29 Apr 2002, United States District Court for the Northern District of Georgia, United States
The United States District Court of the Northern District of Georgia convicted a former Serb soldier, Nikola Vuckovic, to pay compensatory damage for crimes committed during the war in Bosnia-Herzegovina.
Four former victims of Vuckovic filed the case before the US District Court. The alleged acts took place in Bosanski Samac. The victims had known the defendant for years, since they were all from Bosanski Samac. After the war broke out, the victims were requested to come to the Police Station that had just been taken over by the Serbs. There they were tortured, beaten and assaulted for months. Other detainees died during this detention period. After some time, the detainees were transferred to a warehouse where the torture continued. After the war, all victims fled abroad. They still suffer physical and mental pain due to the abuses.
The US District Court holds Nikola Vuckovic responsible for the acts, by arguing that he was ‘a substantial and proximate cause and contributing factor in the injuries. The Court judges in favour of the victims and condemns Nikola Vuckovic to a 140 million dollar damage claim for the victims.
Janković (Zoran): Prosecutor's Office of Bosnia and Herzegovina v. Zoran Janković
Verdict, 23 Oct 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
In the second instance verdict in the Zoran Janković case, the Appellate Division found the appeal to be unfounded and upheld the first instance verdict, acquitting the accused of the charges entered against him. This decision was based on the lack of valid evidence that the accused participated in the incident or that he held any position which would have enabled him to issue orders with respect to the incident.
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