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Court's Opinion. 1.
This Opinion and Judgment is rendered by Trial Chamber II of
the International Tribunal ... following the indictment and trial
of Dusko Tadic, a citizen of the former Yugoslavia, of Serb ethnic
descent, and a resident of the Republic of Bosnia and Herzegovina
at the time of the alleged crimes. It is the first determination
of individual guilt or innocence in connection with serious violations
of international humanitarian law by a truly international
tribunal, the International Tribunal being the first such
tribunal to be established by the United Nations. The international
military tribunals at Nürnberg and Tokyo, its predecessors,
were multinational in nature, representing [however] only part
of the world community.
2. The International Tribunal
was established by the Security Council of the United Nations
in 1993, pursuant to resolution 808 of 22 February 1993 and resolution
827 of 25 May 1993. The Security Council, having found that the
widespread violations of international humanitarian law occurring
within the territory of the former Yugoslavia, including the
practice of "ethnic cleansing", constituted a threat
to international peace and security, exercised its powers under
Chapter VII of the Charter of the United Nations to establish
the International Tribunal, determining that the creation of
such a tribunal would contribute to the restoration and maintenance
of peace. As such, the International Tribunal is a subsidiary
organ of the Security Council and all Member States are required
to cooperate fully with it and to comply with requests for assistance
or with orders issued by it.
3. The International Tribunal
is governed by its Statute ("Statute"), adopted by
the Security Council following a report by the Secretary­General
of the United Nations presented on 3 May 1993 ("Report of
the Secretary­General"). Its 11 Judges are drawn from
States around the world. The proceedings are governed not only
by the Statute but also by Rules of Procedure and Evidence ("Rules")
adopted by the Judges in February 1994, as amended. The International
Tribunal is not subject to the national laws of any jurisdiction
and has been granted both primacy and concurrent jurisdiction
with the courts of States.
4. The [ICTY] Statute
grants competence to prosecute persons responsible for serious
violations of international humanitarian law committed in the
territory of the former Yugoslavia since 1991. Subject-matter
jurisdiction is stated in Articles 2 to 5 of the Statute
to consist of the power to prosecute persons responsible for
grave breaches of the Geneva Conventions of 12 August 1949
(collectively the "Geneva Conventions") (Article 2),
to prosecute persons violating the laws or customs of war (Article
3), to prosecute persons committing genocide, as defined in the
Statute (Article 4), and to prosecute persons responsible for
crimes against humanity when committed in armed conflict (Article
5), which are beyond any doubt part of customary international
law.
..................................................................................
6. Dusko Tadic was arrested
in February 1994 in Germany, where he was then living, on suspicion
of having committed offences at the Omarska camp in the former
Yugoslavia in June 1992, including torture and aiding and abetting
the commission of genocide, which constitute crimes under German
law.
..................................................................................
9. The Indictment by the Prosecutor
against Dusko Tadic ("the accused") and a co-accused,
Goran Borovnica, charging them with a total of 132 counts involving
grave breaches of the Geneva Conventions, violations of the laws
or customs of war, and crimes against humanity was confirmed
... and arrest warrants were issued. The accused was charged
with individual counts of persecution, inhuman treatment, cruel
treatment, rape, wilfull killing, murder, torture, wilfully causing
great suffering or serious injury to body and health, and inhumane
acts alleged to have been committed at the Omarska, Keraterm
and Trnopolje camps and at other locations in Opstina Prijedor
in the Republic of Bosnia and Herzegovina. The accused was transferred
to the International Tribunal on 24 April 1995, after the Federal
Republic of Germany enacted the necessary implementing legislation
for his surrender, and thereafter was detained in the United
Nations detention unit in The Hague.
...................................................................................
29. A Decision on the two Defence
motions for protective measures for its witnesses was issued
on 25 June 1996, providing for the issue of summonses for 24
Defence witnesses, approving the giving of evidence via video-conference
link from Banja Luka in the Republic of Bosnia and Herzegovina
for seven witnesses, subject to the necessary equipment and facilities
being made available to the International Tribunal, and granting
confidentiality to five Defence witnesses and safe conduct to
a further four witnesses. The Decision granted leave to the Defence
to file supplementary affidavits and to amend its motion to request
safe conduct instead of orders permitting testimony by video-conference
link in respect of certain witnesses, which the Defence duly
filed on 30 July 1996. ...
30. Applications for protective
measures for additional witnesses continued to be made by both
parties throughout the proceedings. Orders for the shielding
of witnesses from public view and for electronic distortion of
the broadcast image of the witness were issued in respect of
a further eight witnesses. In some cases, the decision was granted
orally and the evidence heard prior to entry of a formal decision.
The evidence of 17 witnesses, both Prosecution and Defence, was
heard in closed session but in full view of the accused and counsel
pursuant to specific orders. Of the four witnesses granted anonymity,
two were not called to give evidence and one testified in open
session without any protective measures. The remaining witness,
Witness H, was also heard in closed session and was shielded
from the view of the accused but not from Defence counsel. The
written transcript of the testimony of all of these protected
witnesses has subsequently been released by order of the Trial
Chamber, after review by the party presenting the witness and
by the Victims and Witnesses Unit of the International Tribunal
and redaction of any material disclosing identity.
..................................................................................
38. Paragraph 4 of the Indictment
refers to ... incidents which are alleged to constitute persecution.
It charges that the accused participated with Serb forces in
the attack, destruction and plunder of Bosnian Muslim and Croat
residential areas, the seizure and imprisonment of Muslims and
Croats in the Omarska, Keraterm and Trnopolje camps, and the
deportation and expulsion by force or threat of force of the
majority of Muslim and Croat residents from Opstina Prijedor.
The accused is charged with participating in killings, torture,
sexual assaults and other physical and psychological abuse of
Muslims and Croats both within the camps and outside.
39. In subparagraph 4.1
the accused is charged with committing various acts including
the killing and beating of a number of the seized persons; the
killing of an elderly man and woman near the cemetery in the
area of "old" Kozarac; ordering four men from a marching
column and shooting and killing them, as charged in paragraph
11 of the Indictment; the killing of five men and the beating
and seizure of others in the villages of Jaskici and Sivci, as
charged in paragraph 12 of the Indictment; the beatings of at
least two former policemen in Kozarac; and the beating of a number
of Muslim males who had been seized and detained at the Prijedor
military barracks.
..................................................................................
43. Subparagraph 4.5 alleges
that the accused was aware of the widespread nature of the plunder
and destruction of personal and real property from non-Serbs
and was physically involved and participated in that plunder
and destruction, including the plunder of homes in Kozarac and
the looting of valuables from non-Serbs both as they were seized
and upon their arrival at the camps and detention centres.
44. By his participation
in these acts, the accused is charged with persecution on political,
racial and/or religious grounds, a crime against humanity under
Article 5 (h) of the Statute.
45. Paragraph 6 relates
to the beating of numerous prisoners and an incident of sexual
mutilation at the Omarska camp, which took place in the large
hangar building. A number of prisoners were severely beaten ....
The accused is alleged to have been an active participant and
is charged with wilfull killing, a grave breach recognized by
Article 2 of the Statute; murder, as a violation of the laws
or customs of war recognized by Article 3 of the Statute; murder,
as a crime against humanity recognized by Article 5(a) of the
Statute; torture or inhuman treatment, a grave breach under Article
2(b) of the Statute; wilfully causing grave suffering or serious
injury to body and health, a grave breach under Article 2(c)
of the Statute; cruel treatment, a violation of the laws or customs
of war under Article 3 of the Statute; and inhumane acts, a crime
against humanity under Article 5(i) of the Statute.
....................................................................................
65. The years from 1945 to 1990
had no tales of ethnic atrocities to tell. Marshal Tito and his
communist regime took stern measures to suppress and keep suppressed
all nationalist tendencies. ...
....................................................................................
68. Were these newly-empowered
[local] governments also to encourage, or in some cases merely
to rekindle, strongly nationalist and ethnocentric beliefs and
to adopt policies to give effect to such beliefs, the scene would
clearly be set for conflict. This is what in fact occurred. In
1990 multi-party elections were for the first time held in the
separate Socialist Republics of Yugoslavia which led to strongly
nationalist parties being elected, heralding the breakup of the
federation and seen by nationalists in both Croatia and Serbia
as opening the way to expansion of their territories.
....................................................................................
91. Over time, the propaganda
escalated in intensity and began repeatedly to accuse non-Serbs
of being extremists plotting genocide against the Serbs. Periodicals
from Belgrade featured stories on the remote history of Serbs
intended to inspire nationalistic feelings.
....................................................................................
249. Hase Icic testified that
he remained in the white [slaughter]house until 13 or 14 July
1992. During that period, he was not given anything to eat. While
in the white house, more than 30 to 40 prisoners were killed
each night. His ribs were broken as a result of the beating.
He described the white house as being "a very messy slaughterhouse,
stench and blood, urine and beaten up people, blood sprayed on
the walls, horror". At one point, the prisoners were taken
out of the white house for a period of time because the guards
could not tolerate the stench.
....................................................................................
253. The accused testified that
he had never been at the Omarska camp and asserts by way of alibi
that he was working at the Orlovci checkpoint at the times relevant
to this paragraph.
....................................................................................
257. The Trial Chamber finds
that the assignment records for the Orlovci checkpoint do not
provide the accused with an alibi.... [Witness] Hase Icic is
very clear in his testimony that the beatings took place on the
evening of his arrival at the Omarska camp, at around 10 p.m.
The Defence does not dispute that these events occurred on either
7 or 8 July 1992. The assignment records reflect that on those
nights the accused was off duty.
....................................................................................
258. Hase Icic testified that
he was standing face to face with the accused in the "beating
room" at the end of the corridor of the notorious white
house, just before a noose was put around his neck and the first
blows hit him on the back. Hase Icic knew the accused since childhood
and had regularly seen him in Kozarac until just before the war
and thus could not have been mistaken about his identity.
....................................................................................
377. This paragraph concerns
incidents alleged to have taken place at various locations in
Opstina Prijedor. It reads as follows:
Between about 23 May 1992 and about 31 December 1992, Dusko
TADIC participated with Serb forces in the attack, destruction
and plunder of Bosnian Muslim and Croat residential areas, the
seizure and imprisonment of thousands of Muslim and Croats under
brutal conditions in camps located in Omarska, Keraterm and Trnopolje,
and the deportation and/or expulsion of the majority of Muslim
and Croat residents of Opstina Prijedor by force or threat of
force. During this time, Serb forces, including Dusko TADIC,
subjected Muslims and Croats inside and outside the camps to
a campaign of terror which included killings, torture, sexual
assaults, and other physical and psychological abuse.
....................................................................................
470. [Here, the court discusses
acts taken by Serbs "within a general context of discrimination."]
Suada Ramic, a Muslim, testified that she was raped at the Prijedor
military barracks. After the rape she was bleeding terribly and
went to the hospital where she was told by one of the doctors
that she was approximately three to four months pregnant and
that an abortion would have to be performed without anesthetic
because there was none. When this doctor asked another doctor
for assistance, the second doctor started cursing, saying that
"all balija women, they should be removed, eliminated",
and that all Muslims should be annihilated, especially men. He
cursed the first doctor for helping Muslims. Prior to the rape
there had been no problems with her pregnancy. When she returned
from the hospital she went to stay with her brother in Donja
Cela, eventually returning to her apartment in Prijedor where
she was subsequently raped for a second time by a former Serb
colleague who had come to search her apartment. The next day
she was taken to the Prijedor police station by a Serb policeman
with whom she was acquainted through work. On the way he cursed
at her, using ethnically derogatory terms and told her that Muslims
should all be killed because they "do not want to be controlled
by Serbian authorities". When she arrived at the police
station she saw two Muslim men whom she knew, covered in blood.
She was taken to a prison cell which was covered in blood and
where she was raped again and beaten, afterwards being taken
to the Keraterm camp. She recognized several prisoners at Keraterm,
all of whom had been beaten up and were bloody. She was transferred
to the Omarska camp where she often saw corpses and, while cleaning
rooms, she found teeth, hair, pieces of human flesh, clothes
and shoes. Women were called out nightly and raped; on five separate
occasions she was called out of her room and raped. As a result
of the rapes she has continuing and irreparable medical injuries.
After Omarska she was taken to the Trnopolje camp and then returned
to Prijedor, where she was often beaten.
..................................................................................
473. As discussed in the preliminary
findings, the accused became more overtly nationalistic with
the development of political parties. He was one of the first
SDS [political party] members in Opstina Prijedor and, in his
own estimation, a trusted SDS member who was asked to run a crucial
plebiscite in the Kozarac area. The accused was well versed in,
and a supporter of, the SDS programme which advocated the creation
of Republika Srpska as part of the plan for a Greater Serbia
and, necessarily, the removal of the vast majority of the non-Serb
population from the territory designated as Republika Srpska.
Acceptance of this policy, and the discriminatory means to achieve
it, was considered to be a requirement for advancement in the
SDS.
..................................................................................
557. Having considered the evidence
offered at trial, it is now appropriate to discuss the law relating
to the offences charged.
558. The competence of
this International Tribunal and hence of this Trial Chamber is
determined by the terms of the Statute. Article 1 of the Statute
confers power to prosecute persons responsible for serious violations
of international humanitarian law committed in the territory
of the former Yugoslavia since 1991. The Statute then, in Articles
2, 3, 4 and 5, specifies the crimes under international law over
which the International Tribunal has jurisdiction. ...
559. Each of the relevant
Articles of the Statute, either by its terms or by virtue of
the customary rules which it imports, proscribes certain acts
when committed "within the context of" an "armed
conflict". Article 2 of the Statute directs the Trial
Chamber to the grave breaches regime of the Geneva Conventions
which applies only to armed conflicts of an international character
and to offences committed against persons or property regarded
as "protected", in particular civilians in the hands
of a party to a conflict of which they are not nationals.
Article 3 of the Statute directs the Trial Chamber to
those sources of customary international humanitarian law that
comprise the "laws or customs of war". Article 3 is
a general provision covering, subject to certain conditions,
all violations of international humanitarian law which
do not fall under Article 2 or are not covered by Articles 4
or 5. This includes violations of the rules contained in Article
3 common to the Geneva Conventions ("Common Article 3"),
applicable to armed conflicts in general, with which the accused
has been charged under Article 3 of the Statute. Article 5
of the Statute directs the Trial Chamber to crimes against
humanity proscribed by customary international humanitarian
law. By virtue of the Statute, those crimes must also occur in
the context of an armed conflict, whether international or non-international
in character. An armed conflict exists for the purposes of the
application of Article 5 if it is found to exist for the purposes
of either Article 2 or Article 3.
560. Consequently, it
is necessary to show, first, that an armed conflict existed at
all relevant times in the territory of the Republic of Bosnia
and Herzegovina and, secondly, that the acts of the accused were
committed within the context of that armed conflict and for the
application of Article 2, that the conflict was international
in character and that the offences charged were committed against
protected persons.
..................................................................................
561. According to the [ICTY's
prior] Appeals Chamber Decision [regarding general trial court
jurisdiction], the test for determining the existence of such
a conflict is that
an armed conflict exists whenever there is a resort to armed
force between States or protracted armed violence between governmental
authorities and organized armed groups or between such groups
within a State.
..................................................................................
563. The parties to the conflict
in the area of Opstina Prijedor and the main parties to the conflict
in Bosnia and Herzegovina as a whole were the Government of the
Republic of Bosnia and Herzegovina and the Bosnian Serb forces,
the latter controlling territory under the banner of the Republika
Srpska and, at least before 19 May 1992, supported by or under
the command of the JNA. The Government of the Republic of Bosnia
and Herzegovina was also in conflict with various Bosnian Croat
forces supported by the Government of Croatia. The Republic of
Bosnia and Herzegovina was admitted as a State member of the
United Nations, following decisions adopted by the Security Council
and the General Assembly, on 22 May 1992, two days before the
shelling and take-over of Kozarac. It was the de jure State against
which the Bosnian Serb forces were in revolt. Even before that
date, the Republic of Bosnia and Herzegovina was an organized
political entity, as one of the republics of the Socialist Federal
Republic of Yugoslavia....
..................................................................................
568. Having regard then to the
nature and scope of the conflict in the Republic of Bosnia and
Herzegovina and the parties involved in that conflict, and irrespective
of the relationship between the Federal Republic of Yugoslavia
(Serbia and Montenegro) and the Bosnian Serb forces, the Trial
Chamber finds that, at all relevant times, an armed conflict
was taking place between the parties to the conflict in the Republic
of Bosnia and Herzegovina of sufficient scope and intensity for
the purposes of the application of the laws or customs of war
embodied in Article 3 common to the four Geneva Conventions of
12 August 1949, applicable as it is to armed conflicts in general,
including armed conflicts not of an international character.
..................................................................................
570. For evidence of this it
is enough to refer generally to the evidence presented as to
the bombardment of Sarajevo, the seat of government of the Republic
of Bosnia and Herzegovina, in April 1992 by Serb forces, their
attack on towns along Bosnia and Herzegovina's border with Serbia
on the Drina River and their invasion of south-eastern Herzegovina
from Serbia and Montenegro. That the hostilities involved in
this armed conflict extended into Opstina Prijedor is also clear
and is evidenced by the military occupation and armed seizure
of power in the town of Prijedor itself on 30 April 1992 by JNA
[Serbian] forces, aided by Bosnian Serb members of the police
and administration and, following an unsuccessful revolt, their
subsequent expulsion by force of arms of the majority of the
non-Serb inhabitants from, and the bombardment and substantial
destruction of, Stari Grad, the old, predominantly Muslim, section
of Prijedor. These attacks were part of an armed conflict to
which international humanitarian law applied up until the general
cessation of hostilities.
..................................................................................
572. The existence of an armed
conflict or occupation and the applicability of international
humanitarian law to the territory is not sufficient to create
international jurisdiction over each and every serious crime
committed in the territory of the former Yugoslavia. For a crime
to fall within the jurisdiction of the International Tribunal,
a sufficient nexus must be established between the alleged offence
and the armed conflict which gives rise to the applicability
of international humanitarian law.
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574. In any event, acts of the
accused related to the armed conflict in two distinct ways. First,
there is the case of the acts of the accused in the take-over
of Kozarac and the villages of Sivci and Jaskici. Given the nature
of the armed conflict as an ethnic war and the strategic aims
of the Republika Srpska to create a purely Serbian State, the
acts of the accused during the armed take-over and ethnic cleansing
of Muslim and Croat areas of Opstina Prijedor were directly connected
with the armed conflict.
575. Secondly, there are
the acts of the accused in the camps run by the authorities of
the Republika Srpska. Those acts clearly occurred with the connivance
or permission of the authorities running these camps and indicate
that such acts were part of an accepted policy towards prisoners
in the camps in Opstina Prijedor. Indeed, such treatment effected
the objective of the Republika Srpska to ethnically cleanse,
by means of terror, killings or otherwise, the areas of the Republic
of Bosnia and Herzegovina controlled by Bosnian Serb forces.
Accordingly, those acts too were directly connected with the
armed conflict.
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577. Article 2 of the Statute
provides that the "International Tribunal shall have the
power to prosecute persons committing or ordering to be committed
grave breaches of the Geneva Conventions of 12 August 1949",
and there follows a list of the specific crimes proscribed. Implicit
in the Appeals Chamber Decision is the conclusion that the Geneva
Conventions are a part of customary international law, and as
such their application in the present case does not violate the
principle of nullum crimen sine lege [no crime without a law
expressly prohibiting it]. [At this point in the opinion,
the court assessed the potential status of the Victims as "Protected
Persons" under the Geneva Conventions. On a split vote,
it found that the victims in this case were not "in the
hands of" a foreign power for purposes of this facet of
Geneva Convention liability.]
..................................................................................
626. Article 5 of the Statute
grants the International Tribunal jurisdiction to prosecute crimes
against humanity only "when committed in armed conflict"
(whether international or internal) and they must be "directed
against any civilian population".
..................................................................................
660. As discussed, this Trial
Chamber has found that an armed conflict existed in the territory
of Opstina Prijedor at the relevant time and that an aspect of
this conflict was a policy to commit inhumane acts against the
civilian population of the territory, in particular the non-Serb
population, in the attempt to achieve the creation of a Greater
Serbia. In furtherance of this policy these inhumane acts were
committed against numerous victims and pursuant to a recognisable
plan. As such the conditions of applicability for Article 5 are
satisfied: the acts were directed against a civilian population
on discriminatory grounds, they were committed on both a widespread
basis and in a systematic fashion pursuant to a policy and they
were committed in the context of, and related to, an armed conflict.
..................................................................................
664. The concept that an individual
actor can be held personally responsible and punished for violations
of international humanitarian law was first enunciated by the
Nürnberg and Tokyo trials after the Second World War. Article
6 of the 1945 Nürnberg Charter called for individual responsibility
for crimes against peace, violations of the laws or customs of
war, and crimes against humanity.
..................................................................................
669. The foregoing establishes
the basis in customary international law for both individual
responsibility and of participation in the various ways provided
by Article 7 of the Statute. The International Tribunal accordingly
has the competence to exercise the authority granted to it by
the Security Council to make findings in this case regarding
the guilt of the accused, whether as a principal or an accessory
or otherwise as a participant.
..................................................................................
717. With respect to the remaining
charges of paragraph 4 of the Indictment, the evidence supports
a finding that the acts of the accused constitute persecution.
The accused's role in, inter alia, the attack on Kozarac and
the surrounding areas, as well as the seizure, collection, segregation
and forced transfer of civilians to camps, calling-out of civilians,
beatings and killings described above clearly constituted an
infringement of the victims' enjoyment of their fundamental rights
and these acts were taken against non-Serbs on the basis of religious
and political discrimination. Further, these acts occurred during
an armed conflict, were taken against civilians as part of a
widespread or systematic attack on the civilian population in
furtherance of a policy to commit these acts, and the accused
had knowledge of the wider context in which his acts occurred.
718. Accordingly, the
Trial Chamber finds beyond reasonable doubt that the accused
is guilty of the crime of persecution as charged in Count 1.
..................................................................................
730. The findings of fact about
the acts of the accused relevant to this count are those concerning
beatings and acts of violence referred to in dealing with Count
10. The Trial Chamber finds beyond reasonable doubt that those
beatings and other acts of violence which were suffered by the
six victims there named, who are Muslims, constitute inhumane
acts and are crimes against humanity committed during an armed
conflict as part of a widespread or systematic attack on a civilian
population and that the accused intended for discriminatory reasons
to inflict severe damage to the victims' physical integrity and
human dignity. The Trial Chamber further finds that the accused
in some instances was himself the perpetrator and in others intentionally
assisted directly and substantially in the common purpose of
inflicting physical suffering upon them and thereby aided and
abetted in the commission of the crimes and is therefore individually
responsible for each of them as provided by Article 7, paragraph
1, of the Statute. The Trial Chamber accordingly finds beyond
reasonable doubt that the accused is guilty as charged in Count
11 of the Indictment in respect of each of those six victims. |
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Notes & Questions
1. In
the penalty phase of Tadic's trial, he was convicted on eleven
of thirty-one counts and sentenced to twenty years in prison.
He was not convicted of murder (insufficient evidence) or rape
(a witness would not testify). He was characterized as not being
the "butcher," but rather the "bully" who
is a karate expert. Such sentences are being served in Finland
and Italy, the two nations that house those convicted by the
ICTY. Tadic was not given the possible life sentence. Neither
the ICTY nor the Rwandan tribunal has the power to sentence a
convicted war criminal to death. (See Problem 9.E.)
For other opinions, and various orders from the ICTY, see the
court's website--click
here.
2. The
ICTY (and Rwanda) tribunal differs from the UN's International
Court of Justice. How so? Does the source from which the ICTY
originates suggest that it will more likely be subject to the
political will of its creator than the ICJ?
3. The
result nevertheless has two arguable advantages over prior practice.
First, the ICTY is a more broadly based institution than prior
tribunals--which were established by a group of victorious powers
over those whom they conquered (specifically, the Nuremberg
& Tokyo trials addressed earlier in this section).
Second, the new ICTY and Rwandan tribunals are "international"
in a broader sense. They do not involve trials of international
crimes by national tribunals, whose judges might not be
perceived as impartial as the judges staffing these UN courts.
If you were an Israeli judge, analyzing the guilt or innocence
of Adolf Eichmann (Hitler's chief exterminator), when he was
tried in Israel fifteen years after the Nuremberg trial was completed,
your impartiality might be questioned by the so-called world
court of public opinion.
4. In
December 1998, ICTY Judge Gabrielle McDonald reported that the
Federal Republic of Yugoslavia (FRY) had obstructed Security
Council resolutions. She stated that the FRY (when Slobodan Milosevic
was in power) failed to comply with Resolution 1207. It set forth
the Council's demand that the FRY immediately and unconditionally
execute arrest warrants against three specific individuals. The
FRY continued to deny visas to the ICTY Prosecutor's investigators,
in contravention of various Security Council Resolutions. Judge
McDonald concluded with a plea to the Security Council "not
to let one State stand in the way of peace [and] . . . not to
allow the FRY?s obstructionism to go unchecked, for it sets a
dangerous precedent. . . ." To see her report, click
here.
5. Appeal: In July 1999, the ICTY Appeals
Chamber denied an appeal by Dusko Tadic--the first man tried
by an international tribunal for war crimes since Nuremberg.
The tribunal's ruling also opened the door for genocide charges
against Serbian leader Slobodan Milosevic and other members of
his regime. Reprinted version available at 38 INT'L
LEGAL MAT'LS 1518 (Nov., 1999). In July 2002, this
appellate court dismissed Tadic's Motion to Review the related
contempt judgement against Tadic's trial lawyer. The court determined
that Tadic had sufficient notice of a particular lawyer's conduct
against Tadic's interests. See Decision on Motion to Review,
41 INT'L LEGAL MAT'LS 1328 (2002).
6. Sentencing: On November 1, 1999, Tadic was
sentenced to nine terms of imprisonment, ranging from six to
twenty-five years, while "each of the sentences is to be
served concurrently, both inter se and in relation to
each of the sentences imposed in the Sentencing Judgment of July
1997." In a separate opinion, Judge Robinson stated that
there was no basis for the ICTY's conclusion that crimes against
humanity were more serious than war crimes, because they both
arise out of the same acts. Then, on January 24, 2000, the three-judge
appellate tribunal reduced his sentence from twenty-five to twenty
years.
.....In October, 2000, the ICTR
Appeals Chamber delivered a life sentence for former Rwandan
Prime Minister Jean Kambanda. who was convicted of genocide.
For this judgment (conforming conviction and sentence), click here.
7. Contempt: On January 31, 2000, the ICTY Appeals
Chamber (pursuant to its Rules) called upon Dusko Tadic's former
counsel Milan Vujin to respond to allegations that he had acted
in contempt of the Tribunal by knowingly and willfully intending
to interfere with the administration of justice. The Chamber
found that Vujin had put forth a case known by him to be false
in relation to the weight to be given to certain witness statements;
and that he had manipulated witnesses to avoid identification
of people who may have been responsible for crimes for which
Tadic had been convicted. The Chamber found Vujin in contempt,
and ordered Vujin to pay a fine of 15,000 Dutch florins. The
chamber also directed the Tribunal's Registrar to consider striking
Vujin's name from the list of counsel assigned to the Tribunal,
and ordered that his actions be reported to the local professional
body to which Vujin belongs. For further details, click here.
8. On June 18, 2001, Tadic filed a request for review
of his complete case as well as the Trial Chamber and Appeals
Chamber proceedings before the ICTY. |