List of Bosnian genocide prosecutions

This is a comprehensive list of prosecutions brought 2 Individual indictment and con-

against individuals for the crime of genocide in Bosnia
and Herzegovina, and international cases brought against
victions for the crime of genocide
states for the same crime. Additionally, civil law cases
brought against individuals and states seeking damages, 2.1 International Criminal Tribunal for
in relation to the crime of genocide, are also listed. the former Yugoslavia

As of 9 May 2007 the International Criminal Tribunal

1 Bosnian Genocide Case for the former Yugoslavia (ICTY) had passed legally
binding verdicts against six people indicted for genocide
Main article: Bosnian Genocide Case and crimes committed in Srebrenica since 1993. Trials
against seven indictees are ongoing, and three are still to
start.[2] The overview of the case-law indicates that most
The Application of the Convention on the Prevention of the convictions were done under the joint criminal en-
and Punishment of the Crime of Genocide (Bosnia terprise doctrine and aiding and abetting mode of liabli-
and Herzegovina v. Serbia and Montenegro), case 91, tiy, and comparativelly less under the command respon-
International Court of Justice (ICJ) Judgement returned sibility doctrine.[3]
on 26 February 2007.
The case before the International Court of Justice (ICJ),
the United Nationss highest judicial body, which exclu- 2.1.1 Krsti case
sively hears disputes between states, related to Serbias
alleged attempts to wipe out the Bosnian Muslim pop-
In 1998 General-Major Radislav Krsti[4] was indicted
ulation of Bosnia. It was led by Dr. Francis Boyle,
for genocide, crimes against humanity and violations of
an adviser to Alija Izetbegovi during the Bosnian War.
the laws or customs of war, based on his alleged role
The case was heard in the ICJ court in The Hague,
in the events in and around the Bosniak enclave of Sre-
Netherlands, and ended on 9 May 2006.
brenica between 11 July 1995 and 1 November 1995 at
The ICJ presented its judgment on 26 February 2007, the ICTY. On August 2, 2001, after the Trial Chamber
in which it conrmed the ICTY judgment that the Sre- was convinced beyond any reasonable doubt that a crime
brenica massacre was genocide, stating: of genocide was committed in Srebrenica, it had con-
victed Krsti of genocide, who became the rst person
The Court concludes that the acts com- thus convicted before the Tribunal, and sentenced him to
mitted at Srebrenica falling within Article II 46 years in prison.[5] The Appeals Chamber had, after
(a) and (b) of the Convention were commit- upholding the Trial Chambers nding that Bosnian Serb
ted with the specic intent to destroy in part forces had carried out genocide in Srebrenica, among
the group of the Muslims of Bosnia and Herze- other things, reduced Krstis responsibility for genocide
govina as such; and accordingly that these were and for the murder of the Bosnian Muslims from that of
acts of genocide, committed by members of a direct participant to that of an aider and abettor, and
the VRS in and around Srebrenica from about shortened his sentence to 35 years in prison.[6] Krsi was
13 July 1995.[1] subsequently transferred to the United Kingdom to serve
his prison sentence at Wakeeld Prison,[7] but was later
transferred to Long Lartin Prison.[8]
The Court found that Serbia was neither directly respon-
sible for Srebrenica genocide, nor that it was complicit in
it, but it did rule that Serbia had committed the breach the
Genocide Convention by failing to prevent the Srebrenica 2.1.2 Popovi et al. case
genocide, for not cooperating with the ICTY in punishing
the perpetrators of the genocide, in particular in respect At the ICTY, the trial of several senior Serb military and
of General Ratko Mladi, and for violating its obligation police ocers facing charges ranging from genocide to
to comply with the provisional measures ordered by the murder and deportation for the crimes committed in Sre-
Court.[1] brenica began 14 July 2006. Their names are:

1
2 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE
Ljubia Beara,[9] was charged with one count of
genocide or alternatively, complicity to commit
genocide, four counts of crimes against humanity
and One count of violations of the laws or customs
of war.[10] As Chief of Security of the Main Sta
of the Bosnian Serb Army (VRS) he had respon-
sibility for dealing with captured Bosnian Muslim
prisoners from Srebrenica from 11 July 1995 un-
til 1 November 1995.[10] He was transferred to the
ICTY on 10 October 2004 and made an initial ap-
pearance on 12 October 2004, when did not enter a
plea. On further appearances on 9 November 2004
and 11 November 2004, he pleaded not guilty to the
counts of the Indictment.[10]
Ljubomir Borovanin,[9] was charged with one count
of complicity in genocide, four counts of crimes
against humanity and one count of violations of the
laws or customs of war,[11] because the Prosecutor
of the ICTY alleges that Ljubomir Borovcanin was
present in and around the areas of Bratunac, Poto-
cari, Sandici, Kravica, Srebrenica and Zvornik from
11 July to 18 July 1995. Units under his command
were deployed in and around the areas of Potocari,
Sandici, Kravica and Zvornik from 12 July to 18
July 1995. In the several days following the attack
on Srebrenica, the VRS and Ministry of the Inte-
rior (MUP) forces captured, detained, summar-
ily executed, and buried over 7,000 Bosnian Mus-
lim men and boys from the Srebrenica enclave, and
forcibly transferred the Bosnian Muslim women and
children of Srebrenica out of the enclave. The In-
dictment against Ljubomir Borovcanin refers to his
alleged involvement in: opportunist killings in Po-
tocari, opportunistic killings in Bratunac, wide-scale
and organised killings in Potocari and Tisca, killings
and mistreatment of prisoners captured along the
Bratunac/Milici road and wide-scale and organised
killings in the Zvornik area, as well as other op-
portunistic killings. Ljubomir Borovcanin, together
with other VRS and MUP ocers and units as iden-
tied in this Indictment, was a member of and know-
ingly participated in a Joint Criminal Enterprise, the
common purpose of which was, among other things:
to forcibly transfer the women and children from the
Srebrenica enclave to Kladanj on 12 July and 13 July
1995; and to capture, detain, summarily execute by
ring squad, bury, and rebury thousands of Bosnian
Muslim men and boys aged 16 to 60 from the Sre-
brenica enclave from 12 July 1995 until and about
19 July 1995.[11] He was transferred to the ICTY
in the Hague on 1 April 2005.[11]
Drago Nikoli,was a 2nd Lieutenant who served as
Chief of Security for the Zvornik Brigade of the
VRS and reported to Vinko Pandurevic. He was ac-
cused by the prosecutor at the ICTY of aiding and
abetting genocide, extermination, murder, persecu-
tions, forcible transfer, deportation. He surrendered
on 15 March 2005 and was transferred to the ICTY
on 17 March 2005. On 23 March 2005, did not en-
ter a plea. On 20 April 2005 he pleaded not guilty
to all charges and again on 4 April 2006.[9]
Vinko Pandurevi, was a Lieutenant Colonel in
command of the Zvornik Brigade of the Drina
Corps of the VRS. He was accused by the prosecu-
tor at the ICTY for aiding and abetting genocide, ex-
termination, murder, persecutions, forcible transfer,
deportation. He surrendered on 15 March 2005 and
was transferred to the ICTY on 17 March 2005. On
23 March 2005, he did not enter a plea. On 20 April
2005, pleaded not guilty to all charges; and again on
4 April 2006, pleaded not guilty to all charges.[9]
Vujadin Popovi,[9] was charged with Genocide
or Complicity in Genocide; Murder, Persecutions,
Forcible Transfer and Inhumane Acts as Crimes
Against Humanity; and Murder as a Violations of
the Laws or Customs of War ... During the VRS
attack on the Srebrenica enclave and the subsequent
killings and executions of Bosnian Muslim men, Vu-
jadin Popovic was a Lieutenant Colonel and was the
Assistant Commander of Security on the sta of the
Drina Corps. He was present and on duty in the
Drina Corps zone of responsibility, which included
Srebrenica, Potocari, Bratunac and Zvornik, from
11 July to 31 August 1995.[12]
Trial verdicts The Trial Chamber made its ruling on
10 June 2010, by which it stated that "[t]he scale and na-
ture of the murder operation, the targeting of the vic-
tims, the systematic and organized manner in which it
was carried out, and the plain intention to eliminate ev-
ery Bosnian Muslim male who was captured or surren-
dered proves beyond reasonable doubt that members of
the Bosnian Serb Forces, including members of the VRS
Main Sta and Security Branch, intended to destroy the
Muslims of Eastern Bosnia as a group.[13]
As for the individual criminal responsibility the Chamber
made the following rulings:
Vujadin Popovi - found guilty, of genocide, con-
spiracy to commit genocide, and crimes against hu-
manity: commissioned murder (also a war crime),
commission of extermination, commission of the
crime of persecution through murder and cruel and
inhumane treatment (the commission of murder, ex-
termination and persecution were all carried out as
part of a Joint Criminal Enterprise). He was found
not guilty of the following crimes against human-
ity: inhumane acts (forcible transfer) and deporta-
tion. He was sentenced to life imprisonment.
Ljubia Beara - found guilty of genocide, conspir-
acy to commit genocide, and crimes against human-
ity: commission of extermination, commission of
2.1 International Criminal Tribunal for the former Yugoslavia
extermination, and commission of murder (the last
was also a war crime). He was found not guilty of
the following crimes against humanity: inhumane
acts (forcible transfer) and deportation. He was sen-
tenced to life imprisonment.
Drago Nikoli - found guilty of aiding and abetting
genocide, and guilty of crimes against humanity: ex-
termination, persecution and murder (the last also
a war crime). He was found not guilty on counts
of conspiracy to commit genocide, and the crimes
against humanity of: inhumane acts (forcible trans-
fer) and deportation. He was sentenced to 35 years
of imprisonment.
Ljubomir Borovanin - found guilty of aiding and
abetting crimes against humanity: extermination,
persecution, inhumane acts (forcible transfer) and
murder (the last also a war crime). He was found
guilty, under his superior responsibility, on counts
of murder, as a crime against humanity and murder,
as a violation of the laws or customs of war. He was
fount not guilty on counts of genocide, conspiracy
to commit genocide and deportation, a crime against
humanity. He was sentenced to 17 years imprison-
ment.
Radivoje Mileti - found guilty, through commit-
ting, on counts of murder, as a crime against human-
ity, persecution, as a crime against humanity and in-
humane acts (forcible transfer), a crime against hu-
manity. He was found not guilty on counts of mur-
der, as a violation of the laws or customs of war and
deportation, a crime against humanity. He was sen-
tenced to 19 years imprisonment.
Milan Gvero - found guilty, of two counts of crimes
against humanity (persecution and inhumane acts
(forcible transfer)). He was found not guilty on
counts of murder, as a crime against humanity, mur-
der, as a violation of the laws or customs of war and
deportation, a crime against humanity. He was sen-
tenced to 5 years imprisonment.
Vinko Pandurevi - found guilty, of two counts of
aiding and abetting crimes against humanity (perse-
cution and inhumane acts (forcible transfer)). He
was found guilty of aiding and abetting murder as
a crime against humanity and as a breach of the
laws of war. He was also found guilty as a supe-
rior, of murder as a crime against humanity and as a
breach of the laws of war. He was found not guilty
on counts of genocide, conspiracy to commit geno-
cide, and of extermination and deportation (crimes
against humanity). He was sentenced to 30 years
imprisonment.
Appeal verdicts The Appeals chamber issued its judg-
ment on 30 January 2014. Ljubomir Borovanin did not
3
appeal the trial judgement and was transferred to Den-
mark in 2011 to serve his 17-year sentence, while Milan
Gvero died, and thus the Appeals chamber terminated
proceedings against him in March 2013 and held the Trial
Judgement to be nal in his regard. Regarding the rest,
the chamber made the following rulings:[14][15]
Vujadin Popovi and Ljubia Beara - found guilty of
genocide, conspiracy to commit genocide, violations
of the laws or customs of war, and crimes against hu-
manity, through their participation in a joint crimi-
nal enterprise. The chamber granted their appeal re-
garding the killing of six Bosnian Muslim men near
Trnovo by the Scorpions paramilitary unit, and con-
sequently it reversed their convictions with regard to
that killing. It also granted in part the prosecutions
appeal to enter convictions for conspiracy to com-
mit genocide against both Popovi and Beara, and
thus entered a conviction against the two appellants
for this crime. Their sentences of life imprisonment
were armed.
Drago Nikoli - his convictions for aiding and abet-
ting genocide, and crimes against humanity and vi-
olations of the laws or customs of war through his
participation in a joint criminal enterprise were up-
held. The chamber reversed his convictions for the
killing of six Bosnian Muslim men near Trnovo. His
sentence of 35 years of imprisonment was armed.
Radivoje Mileti - found guilty of crimes against hu-
manity and violations of the laws or customs of war,
through his participation in a joint criminal enter-
prise. The chamber also reversed his convictions
for persecution and inhumane acts (forcible trans-
fer) as crimes against humanity in connection with
the forcible transfer of the Bosnian Muslim men
who crossed the Drina River, eeing epa. It also
granted in part his ground of appeal concerning sen-
tencing, recognizing that the trial chamber erred in
law by considering his use of authority within the
VRS Main Sta as an aggravating circumstance.
The chamber also granted the prosecutions ground
of appeal regarding opportunistic killings in Po-
toari, and entered a conviction against Mileti for
murder as a violation of the laws or customs of war
for these killings. His sentence of 19 years of im-
prisonment was reduced to 18 years of imprison-
ment.
Vinko Pandurevi - found guilty of aiding and abet-
ting violations of the laws or customs of war and
crimes against humanity. He was also found guilty
of failing to prevent and punish the crimes of his
subordinates. The chamber granted the prosecu-
tions appeal regarding a variety of incidents, and
entered a number of new convictions. Pandurevi
was thus found guilty as an aider and abettor or
through command responsibility, in relation to var-
ious criminal acts, of murder as a violation of the
4 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE

laws or customs of war, extermination as a crime Most, Vlasenica, and Zvornik, where the alleged perse-
against humanity, and persecution through murder cutory campaign included or escalated to include conduct
and through cruel and inhumane treatment as a and intent which amounted to genocide. In relation to
crime against humanity. The chamber entered new count 2, the Trial Chamber found Karadi responsible
convictions for these crimes, and also set aside some for genocide on the basis of his participation in the Sre-
of Pandurevis convictions at trial. In dismissing brenica joint criminal enterprise.[25]
one of Pandurevis challenges regarding aiding and
abetting, the chamber recalled that specic direc-
tion is not an element of aiding and abetting un- 2.1.4 Mladi case
der customary international law. His sentence of 13
years of imprisonment was armed. Ratko Mladic was indicted On July 24, 1995 (amended
on 10 October 2002) by the Prosecutor ICTY and ac-
cused of genocide and complicity in genocide in several
2.1.3 Karadi case municipalities within Bosnia and Herzegovina, including
Klju, Kotor Varo, Prijedor, Sanski Most, Srebrenica,
Radovan Karadi (accused of genocide and complic- Banja Luka, Bosanska Krupa, Bratunac, Vlasenica and
ity in genocide in several municipalities within Bosnia Zvornik.[26] On May 31, 2011, Mladi was extradited to
and Herzegovina, initially including: Bijeljina, Bratunac, The Hague, where he was processed at the detention cen-
Bosanski amac, Brko, Doboj, Foa, Ilija, Klju, Ko- ter that holds suspects for the International Criminal Tri-
tor Varo, Bosanski Novi, Prijedor, Rogatica, Sanski bunal for the former Yugoslavia (ITCY).[27] On 4 July
Most, Srebrenica, Viegrad, Vlasenica, Zavidovii and 2011 Mladi failed to enter a plea, after which a plea of
Zvornik,[16] but later excluding Brko, Kotor Varo and not guilty was entered on his behalf, while on 8 Decem-
Viegrad[17] ). Karadi was arrested in Belgrade on 21 ber 2011 he pleaded not guilty (to the new charge in the
July 2008, and was transferred into the ICTY custody third amended indictment). His trial commenced on 16
in the Hague nine days later on 30 July.[18] Karadi de- May 2012.[28] On 15 April 2014 the Trial Chamber I re-
clined to enter a plea at his rst appearance before the war jected in their entirety Mladis submissions for acquittal
crimes tribunal on 31 July 2008,[19] a formal plea of not made under Rule 98 bis of the Tribunals Rules of Pro-
guilty was then made on his behalf by the judges.[20] His cedure and Evidence, relating to two counts of genocide
trial commenced on 26 October 2009.[21] Karadi insists and charges relating to a number of individual crimes in
on defending himself (as he is entitled to under the United various other counts of the indictment.[29][30]
Nations courts rules) while at the same time is setting up
a team of legal advisers.[22] 2.1.5 Tolimir case
On 28 June 2012 the Trial Chamber made its oral rul-
ing on motion for a judgement of acquittal, pursuant to On 31 May 2007, Zdravko Tolimir (aka: 'Chemical
Rule 98 bis of the Tribunals Rules of Procedure and Ev- Tolimir'), long time fugitive and a former Assistant Com-
idence, where it granted Karadi's motion in relation to mander for Intelligence and Security of the VRS Main
count one of the indictment in which he was charged with Sta who reported directly to the Commander of the
genocide for the crimes committed between 31 March Main Sta, Ratko Mladic, and who had been indicted
1992 and 31 December 1992 in several municipalities by the Prosecutor of the ICTY on genocide charges in
of Bosnia and Herzegovina, leaving only the case of Sre- the 199295 Bosnia war was arrested by Serbian and
brenica as a count of genocide.[23] On 11 July 2013 the Bosnian police.[31] Tolimir is infamous for issuing request
Appeals Chamber reversed the Trial Chambers acquit- to use chemical weapons during genocide to gas civilians
tal of Karadi for genocide under Count 1 of the In- so Bosnian troops could surrender.[32] Tolimir is thought
dictment, and remanded the matter to the Trial Cham- to be one of the main organizers of the network helping
ber. The Appeals Chamber found that the Trial Cham- top war crimes indictee Ratko Mladi elude justice.
ber erred in fact in concluding that there was no evidence, On 3 July 2007 Tolimir did not enter a plea, after which
taken at its highest, based upon which a reasonable trier a plea of not guilty was entered on his behalf, while on
of fact could be satised that Karadi and other alleged 16 December 2009 he pleaded not guilty to new charges.
JCE members possessed genocidal intent, and that this His trial commenced on 26 February 2010.[33] The trial
error resulted in a miscarriage of justice.[24] chamber issued its judgment on 12 December 2012 by
which it found Tolimir guilty, among other things, of
genocide and conspiracy to commit genocide. He was
Trial verdict On 24 March 2016 the Trial Chamber of sentenced to life imprisonment.[34][35]
the ICTY delivered its rst-instance verdict against the
accused. With regards to the counts of genocide, it found
Karadi not guilty on count 1, since it was not satis- 2.1.6 Genocide convictions overturned on appeal
ed that genocide was committed in the seven munici-
palities, namely Bratunac, Foa, Klju, Prijedor, Sanski Vidoje Blagojevi (Srebrenica) is a former com-
2.1 International Criminal Tribunal for the former Yugoslavia
mander of the Bratunac Brigade of the Republika
Srpska Army. He was captured on August 10,
2001 and soon interred at the ICTY at the Hague.
Blagojevi was tried along with Dragan Jokic. Both
pleaded not guilty. In January 2005 Blagojevi was
acquitted of the charge of extermination as a crime
against humanity, however he was found guilty of
the other charges, including complicity to commit
genocide by aiding and abetting genocide. He was
sentenced to 18 years in prison.[36] On May 9, 2007
the ICTYs appeals court reversed the genocide con-
viction and reduced his sentence to 15 years which
he is currently serving in prison.[37][38]
2.1.7 Plea bargains
Individuals indicted by ICTY for genocide in which such
charges were withdrawn, with the accused pleading guilty
to crimes against humanity:
Momir Nikolic was indicted by the Prosecutor of
the ICTY 26 March 2002 charged with genocide or
alternately complicity in genocide and persecutions,
and Violations of the Laws or Customs of War. He
was arrested by SFOR on 1 April 2002 and trans-
ferred to ICTY custody the following day. Nikolic
made his initial appearance on 3 April 2002, plead-
ing not guilty on all counts. A plea agreement was
reached on 7 May 2003, and Nikolic pleaded guilty
to Count 5 of the indictment - Crimes against hu-
manity.[39]
Dragan Obrenovic[40] was indicted by the
International Criminal Tribunal for the For-
mer Yugoslavia in The Hague on 1 November
1998 for complicity in genocide, extermination,
persecution, and two counts of murder.[41] On 15
April 2001, he was arrested by SFOR personnel,[42]
and was transferred that same day to the Hague,
he entered not-guilty pleas across the board at his
arraignment on the 18th.[43] On 20 May 2003, Found guilty of other crimes
Obrenovic entered a plea agreement with the
ICTY prosecutors oce. He pleaded guilty to one Goran Jelisic, in 1999, pleaded guilty to the charges
count of persecution, and in exchange for truthful
allocation to his role in the Srebrenica Massacre and
his testimony against his co-accused (his indictment
was to be joined with that of four others on 27
May) he was promised a reduced sentence. On
10 December 2003, Obrenovic was sentenced to
17 years in prison, with 969 days credit for time
served.[44] He is currently serving out his sentence
in Norway and will be eligible for release in April
2018.
Biljana Plavi The ICTY indictment charged her sessment of the evidence as insucient to sustain
with two counts of genocide, ve counts of crimes
against humanity, and one count of war crimes. She
voluntarily surrendered to the ICTY on 10 January
5
2001, and was provisionally released on 6 Septem-
ber. On 16 December 2002, she plea bargained
with the ICTY to enter a guilty plea to one count
of crimes against humanity for her part in direct-
ing the war and targeting civilians and expressed
full remorse in exchange for prosecutors dropping
the other charges. She was later sentenced to 11
years in prison, and started her sentence on 26 June
2003.[45] After serving six years of her sentence at
the womens prison Hinseberg in rebro, Sweden,
she was released on 27 October 2009.[46]
2.1.8 Other outcomes and pending cases
Died while on trial
Slobodan Milosevic was accused of genocide or
complicity in genocide in territories within Bosnia
and Herzegovina, including: Bijeljina, Bosanski
Novi, Brko, Klju, Kotor Varo, Prijedor, Sanski
Most and Srebrenica.[47] On 16 June 2004 the trial
chamber has, after the Prosecution had closed its
case, made a Decision on Motion for Judgment of
Acquittal in which it had dismissed the Motion of
Amici Curiae led pursuant to the Rule 98bis of the
Rules of Procedure and Evidence, which asked the
trial chamber to acquit the accused because prose-
cution did not present sucient evidence on which
a court could reach a guilty verdict in relation to
genocide charges.[48] Thus the proceedings contin-
ued with defense presenting its argument, however
Miloevi died on 11 March 2006 during his trial.
Milan Kovaevi was accused of genocide, com-
plicity to commit genocide and several counts of
crimes against humanity, violations of the laws of
war and grave breaches of the Geneva conventions
of 1949.[49] He died of natural causes in detention
in 1998.
of crimes against humanity and violating the laws
and customs of war and pleaded not guilty to
genocide. The Trial Chamber found that, despite
discriminatory intent and the commission of acts
within the denition of the actus reus of genocide,
Jelisi did not have the requisite intent to destroy in
whole or in part the Muslim group from Brko.[50]
He was sentenced to 40 years imprisonment. The
Appeals Chamber, among other things, held that the
Trial Chambers erroneous application of the stan-
dard under Rule 98 bis(B) led to an incorrect as-
a conviction for genocide, but it did not consider it
appropriate to reverse the acquittal and to remit the
case for further proceedings, since a retrial would
6 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE
only be limited to the question of whether Jelisi
possessed the genocidal intent, and thus it armed
the sentence.[51] On 29 May 2003, Jelisi was trans-
ferred to Italy to serve the remainder of his sentence
with credit for time served since his arrest on 22 Jan-
uary 1998.[52][53]
Momcilo Krajisnik was indicted by the ICTY and
accused of genocide, complicity in genocide, crimes
against humanity (namely extermination, murder,
persecution, deportation, and forced transfer), and
various war crimes, in relation to acts committed in
1992 in Bosnia and Herzegovina.[54] He was arrested
on April 3, 2000 by SFOR. After the death of Slo-
bodan Milosevic, Krajisnik was the highest-ranking
politician on trial at the ICTY. On 27 Septem-
ber 2006, Krajisnik was convicted of the follow-
ing crimes against humanity: extermination, mur-
der, persecution, deportation, and forced transfer.
He was acquitted of the charges of murder as a
war crime, genocide, and complicity in genocide.
He was sentenced to 27 years imprisonment.[55][56]
On 17 March 2009 the ICTY Appeals Chamber
reversed some of the Trial Chambers convictions
for crimes against humanity and reduced Krajisniks
sentence to 20 years.[57] Krajisnik was transferred to
the United Kingdom to serve his sentence.[58]
Milomir Stakic (Prijedor). In ICTY indictment
Staki was charged with genocide, or alternatively
complicity in genocide, murder as a crime against
humanity, extermination, murder as a violation of
the laws or customs of war, persecutions, depor-
tation, and inhumane acts. On 31 July 2003 the
Trial Chamber found him not guilty of genocide,
complicity in genocide,[59][60] or forcible transfer (a
crime against humanity). He was found guilty of:
extermination, (a crime against humanity); murder,
(a violation of the laws and customs of war); and
persecutions (crimes against humanity, incorporat-
ing murder, and deportation both of which were
also crimes against humanity). He was sentenced
to life imprisonment with a minimum term of 20
years.[61] The Appeals Chamber armed the Trial
Chambers decision to convict Staki for his respon-
sibility in exterminating, murdering and persecut-
ing the non-Serb population in Prijedor. The Ap-
peals Chamber also found that the Trial Chamber
incorrectly failed to convict him for deporting and
forcibly transferring the non-Serb population. The
Appeals Chamber agreed with the Trial Chambers
decision to acquit Milomir Staki of genocide and
complicity in genocide. The Appeals Chamber in-
dicated that "[w]ithout question, the Trial Cham-
ber made factual ndings which could, in principle,
be taken as evidence that the Appellant intended to
destroy the Bosnian Muslim group in part, includ-
ing those identied by the Prosecution, but that
it cannot conclude that the evidence in this case
is so unambiguous that a reasonable Trial Cham-
ber was obliged to infer that intent was established
beyond a reasonable doubt. The Appeals Cham-
ber found that Staki participated in a joint crimi-
nal enterprise whose purpose was to commit crimes
against the Bosnian Muslim and Bosnian Croat pop-
ulations of Prijedor. These crimes were part of a
campaign to persecute the non-Serb population of
Prijedor, with the nal goal of creating a Serbian
municipality eventually to form part of an envisaged
pure Serbian state. He was sentenced to 40 years
imprisonment.[62]
2.2 Judiciary in Bosnia and Herzegovina
Before the establishment of the State Court of Bosnia and
Herzegovina, there were several indictments for the crime
of genocide, however only one inductee, Borislav Herak,
has been found guilty of genocide. Since 2003 no indict-
ments were led for genocide before the local courts of
Bosnia and Herzegovina, other than the Court of Bosnia
and Herzegovina.[63]
2.2.1 Rulings before the establishment of the Court
of Bosnia and Herzegovina
Borislav Herak and Sretko Damjanovi - on 7
February 1993 the District Military Prosecutors Of-
ce in Sarajevo led an indictment with the District
Military Court in Sarajevo against Herak, for geno-
cide, war crimes against civilian population and war
crimes against POWs, for crimes committed while
he was a member of Bioa Company and Kreme
Company, Damjanovi (for genocide, war crimes
against civilian population), for crimes committed
while he was a member of Kreme Company
and Nada Tomi (for concealment of crime).[64] In
March 1993, by a judgment of District Military
Court they were found guilty of all the oenses and
Herak and Damjanovi were sentenced to death.[65]
In July 1993, the second instance court partially
accepted the appeals of defense lawyers, but up-
held the rst instance judgment with regards the
nding of guilt for all the crimes and the penal-
ties made.[66] The third instance court, in Decem-
ber 1993, rejected the appeals of the defense layers
and conrmed the judgment of the second instance
court.[67] After further procedural process,[68] a re-
trial of Damjanovi was ordered pursuant to the de-
cision of the Human Rights Chamber for B&H[69]
and during the retrial Damjanovi was acquitted of
the charges of genocide.[70] On appeal the court up-
held the acquittal for genocide with regards Dam-
janovi, as well as the sentence of 9 years imprison-
ment for other crimes.[71] All the requests for retrial
of Herak were rejected,[72] making him the only per-
son convicted of genocide by the local court in B&H
2.2 Judiciary in Bosnia and Herzegovina
before the establishment of the Court of Bosnia and
Herzegovina,[63] and he is also the rst person to be
convicted of the crime of genocide after the Sec-
ond World War. Heraks death penalty was altered
to 20 years imprisonment,[73] and he was released
from prison in August 2012.[74]
Tei Teo and Borovi Duan - on 22 July 1996
Tei, a member of paramilitary Vlasenica Brigade,
and Borovi, a member of volunteer units from Ser-
bia, were indicted by the Higher Public Prosecutors
Oce in Sarajevo since it was alleged that they par-
ticipated and organized systematic destruction of
people, members of non-Serbian nationality, and
thus committed the crime of genocide (under the
Criminal Code of SFRY, or FBiH as adopted by the
decree law) in northern part of Vlasenica Municipal- Indicted to stand trial
ity and Bijeljina and Zvornik respectively.[75][76] The
Cantonal Court in Tuzla, on 19 September 1997, ac-
quitted the accused of the charges since the charges
were not proven,[77] and this judgment was con-
rmed by the Supreme Court of the Federation of
Bosnia and Herzegovina on 1 August 2000.[78]
anar Veselin - on 11 November 1996 anar,
a reserve captain of the JNA, was indicted by the
Higher Public Prosecutors Oce in Sarajevo for,
among other things, allegedly committing genocide
on the territory of Foa.[79] On 9 January 1998 the
genocide charge was removed from the indictment,
and the accused was nally found guilty of commit-
ting war crimes against civilian population.[80][81]
2.2.2 The Court of Bosnia and Herzegovina
So far the Prosecutors oce of Bosnia and Herzegovina
has only led indictments for the crime of genocide re-
lating to the Srebrenica massacre, stating that investiga-
tions have not shown elements of genocide for any other
areas [than Srebrenica]".[63] Many analysts, indicate that
the reasons for that lie in the fact that prosecutors are not
willing to stray from the case law of ICTY, but Erna Mac-
kic writing in BIRN BiH in November 2009 stated that
some rights activists believe this may change once the
ICTY trial of Radovan Karadi is over.[63]
Arrested
Marko Boki - on 25 August 2004, U.S. Immigra-
tion and Customs Enforcement agents arrested and
charged Boki with fraud and misuse of visas, per-
mits and other documents.[82] Subsequently, on 29
April 2010, he was extradited to Bosnia and Herze-
govina and handed over to members of SIPA (State
Investigation and Protection Agency) and is to be
charged for the alleged participation in Srebrenica
genocide.[83]
7
Dragan Nekovi - On 25 August 2010, State
Investigation and Protection Agency had arrested
Nekovi in Bijeljina on suspicion of participation
in Srebrenica genocide.[84]
Branko Popi - was detained by U.S. Immigration
and Customs Enforcement (ICE) Enforcement and
Removal Operations (ERO) ocers for suspicion of
participating in Srebrenica genocide. He was de-
ported to Bosnia and Herzegovina.[85]
Dejan Radojkovi - was arrested in January 2009
in USA, and was deported in 2012 to Bosnia and
Herzegovina to face the charges of his alleged par-
ticipation in the Srebrenica genocide.[86]
Nedeljko Milidragovi and Aleksa Golijanin - on
19 July 2012, the Court of Bosnia and Herzegov-
ina conrmed the indictment under which both of
the accused were charged with the criminal oense
of genocide committed in Srebrenica in the pe-
riod from 10 to 19 July 1995. At the relevant pe-
riod Milidragovi was a commander of the 2nd pla-
toon of the 1st Company, Jahorina Training Cen-
ter of the Special Police Brigade of the RS Min-
istry of Interior (SBP of the RS MUP), while Goli-
janin was a Deputy Commander of the 3rd Platoon
of the 1st Company, Jahorina Training Center of
SBP of the RS MUP.[87] Neither of the accused
were in custody, and the available data suggested
that Milidragovi lived in Belgrade, while Golijanin
resided in Sremska Kamenica, both in Serbia.[88] On
18 March 2015 both were arrested in Serbia.[89]
Branimir Tei and Miodrag Josipovi - by the de-
cision of the Court of Bosnia and Herzegovina of
5 September 2014 suspect Tei was ordered into
one-month custody, while in relation to the suspect
Jovanovi the Court ordered a number of prohibit-
ing measures including the ban on leaving the place
of residence (house arrest). Both are suspected of
committing the crime of genocide.[90] On 2 Octo-
ber 2014 the Court of Bosnia and Herzegovina con-
rmed the indictment against both of the accused
for the crime of genocide. The indictment alleges
that Josipovi, in the capacity as the Chief of Pub-
lic Security Station Bratunac and member of Police
Forces Sta of Zvornik Public Security Center quar-
tered in the Public Security Station Bratunac, and
Tei, as Deputy Commander of Bratunac Police
Station, in the period from 12 July to 19 July 1995
aided and abetted the partial destruction of Bosniaks
from Srebrenica enclave.[91]
Dragomir Vasi, Danilo Zolji and Radomir Pan-
ti - the Court of Bosnia and Herzegovina con-
rmed the indictment against the accused on 16 De-
8 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE

cember 2014, charging them with the criminal of- Petar Mitrovic (special police force members of the
fense of genocide in Srebrenica, through aiding and 3rd Skelani Platoon)[98] found guilty, sentenced
abetting.[92] to 38 years.[94][95]

Sreko Aimovi - the Court of Bosnia and Herze-
govina conrmed the indictment against the accused
on 28 December 2015, charging him with the crim-
inal oense of genocide in Srebrenica, through aid-
ing and abetting.[93]
Aleksandar Radovanovic (special police force mem-
bers of the 3rd Skelani Platoon)[98] found guilty,
sentenced to 42 years.[94][95]
Acquitted

Velibor Maksimovic (special police force members

Mitrovi and others case (Kravice)
of the 3rd Skelani Platoon)[98] acquitted.[94][95]

Milovan Matic (a member of RSA)[98]

The First Instance Verdict On 29 July 2008, after a
two-year trial, the Section I for War Crimes of the Court
of Bosnia and Herzegovina found seven men guilty of
genocide for their role in the Srebrenica massacre includ-
ing the deaths of 1000 Bosniak men in a single day.[94][95]
In the trial verdict the Court found that the accused
Milenko Trifunovi, Aleksandar Radovanovi, Brano
Dini, Slobodan Jakovljevi and Branislav Medan, by
their actions as co-perpetrators (not as members of JCE),
committed the criminal oence of Genocide in viola-
tion of Article 171(a) in conjunction with Articles 29 and
180(1) of the Criminal Code of BiH (CC of BiH), while
the Accused Milo Stupar was found guilty of the crimi-
nal oence of Genocide under the command responsibil-
ity, in violation of Article 171(a) in conjunction with Ar-
ticle 180 (2) of the CC of BiH, since he acted with geno-
cidal intent when failing to punish his subordinates.[96]
The court found that Bosniak men trying to escape from
Srebrenica had been told they would be kept safe if they
surrendered. Instead, they were transported to an agri-
cultural co-operative in the village of Kravica, and latter
executed en masse. [94][95][97]
Found guilty of genocide (29 July 2008)
Milos Stupar (commander of the 2nd Special Police
ekovii Squad)[98] found guilty, sentenced to 40
years.[94][95]
Milenko Trifunovic (commander of the 3rd Ske-
lani Platoon, part of the 2nd Special Police
ekovii Squad)[98] found guilty, sentenced to 42
years.[94][95]
Brano Dzinic (a special police force ocer of the
2nd Special Police ekovii Squad)[98] found
guilty, sentenced to 42 years.[94][95]
Slobodan Jakovljevic (special police force members 1995. Due to its nature, that crime could not have been
of the 3rd Skelani Platoon)[98] found guilty, sen- committed by a single individual, but it had to include
tenced to 40 years.[94][95]
Branislav Medan (special police force members of participants in the events in Srebrenica at the referenced
the 3rd Skelani Platoon)[98] found guilty, sen- time acted with the identical state of mind, nor did they
tenced to 40 years.[94][95]
acquitted.[94][95]
Miladin Stevanovic (special police force members
of the 3rd Skelani Platoon)[98] acquitted.[94][95]
Dragisa Zivanovic (special police force members of
the 3rd Skelani Platoon)[98] acquitted.[94][95]
The Appellate Panel verdict, decisions of the Consti-
tutional Court and retrial
Milovan Mati - the Appellate Panel upheld the trial
verdict, and thus refused as unfounded the appeal
led by the Prosecutor.[99][100]
Milo Stupar - the Appellate Panel revoked the trial
verdict and ordered a retrial before the panel of
the Appellate Division of Section I of the Court of
Bosnia and Herzegovina.[99][100]
Milenko Trifunovi, Brane Dini, Aleksandar
Radovanovi, Slobodan Jakovljevi, Branislav
Medan - the Appellate Panel ruled that trial verdict
is altered in the sense that the accused, being aware
of the existence of the genocidal plan of others,
performed the actions by which they considerably
contributed to the commission of that oense, and
therefore they participated in the criminal oense
of Genocide as accessories (not as co-perpetrators),
since it was not proven beyond reasonable doubt
that the accused themselves acted with genocidal
intent. Hence, Trifunovi was sentenced to 33
years, Dini to 32 years, Radovanovi to 32
years, Jakovljevi to 28 years and Medan to 28
years.[99][100]
Finally, the Appellate Panel underlined that it is indis-
putable that genocide was committed in Srebrenica in July
an active participation of a number of persons, each of
whom having a role. However, it is evident that not all
take the same actions.[100]
2.2 Judiciary in Bosnia and Herzegovina 9

On 22 October 2013 the Constitutional Court of Bosnia
and Herzegovina upheld the appeals of Milenko Tri-
funovi, Aleksandar Radovanovi, Brano Dini, Slobo-
dan Jakovljevi, Petar Mitrovi and Branislav Medan,
nding that the Court of Bosnia and Herzegovina had vi-
olated their rights from Article 7 of the European Con-
vention of Human Rights, when it applied the new Crim-
inal Code of Bosnia and Herzegovina, instead of the
one that was in force when the crime of genocide was
committed. The cases were remanded to the Court of
Bosnia and Herzegovina for a new trial.[101][102][103][104]
Pursuant to the decision of the Constitutional Court the
Court of Bosnia and Herzegovina terminated the execu-
tion of the sanction of imprisonment for the accused and
released them from prison before the initiation of new
trials.[105][106]
On 29 April 2014 the Panel of the Section I for War
Crimes of the Appeals Division of the Court of BiH de-
livered a judgment granting in part the appeals led after
the decision of the Constitutional Court of Bosnia and
Herzegovina, thus revising the rst instance verdict of
29 July 2008 regarding the legal qualication of the of-
fense, and nding the accused guilty of the criminal of-
fense of genocide under Article 141 of the Criminal Code
of SFRY as read with Article 24 (aiding and abetting) of
the said Code, and sentencing the accused Milenko Tri-
funovi, Brane Dini, Aleksandar Radovanovi, Slobo-
dan Jakovljevi and Branislav Medan to 20 years impris- Milorad Trbi case
onment each.[107]
genocide, now under the Criminal Code of SFRY, as an
accessory (aiding and abetting), and sentencing him to 20
years imprisonment.[109]
Retrial in Milo Stupar case Stupar, who allegedly
acted as the Commander of the 2nd ekovii Detachment
of the Special Police, was charged for the crime of geno-
cide under the command responsibility since he allegedly
failed to take the necessary and reasonable measures to
prevent members of his Detachment from taking part in
the perpetration of genocide in Srebrenica, and follow-
ing the perpetration of the oense he failed to take the
necessary steps to punish them.
Stupar was found guilty in the rst instance verdict, of 29
July 2009, but the Appellate Panel of the Section I for
War Crimes, by its verdict on 9 September 2009, mod-
ied the trial verdict in its sentencing part and, among
other things, ordered a retrial with regards Stupar before
the panel of the Appellate Division of Section I of the
Court of Bosnia and Herzegovina.[99][100] The Appellate
Division made its verdict on 5 May 2010 by which it had
acquired Stupar of all charges,[110] since he was not de
facto or de jure Commander of the 2nd ekovii Detach-
ment of the Special Police and since he did not have the
eective control over the perpetrators of the crimes.[111]

First instance verdict Milorad Trbi, a former reserve

Captain of the Zvornik brigade of the army of the Repub-
The Appellate Panel verdict in Mitrovi case, deci-
sion of the Constitutional Court and retrial In a lika Srpska,[112] was charged with genocide pursuant to
Article 171 of the Criminal Code of Bosnia and Herze-
separate judgment the Appellate Panel partially accepted
the appeal of Petar Mitrovi and found him guilty of govina (CC BiH) in conjunction with the killing members
of the group, causing serious bodily or mental harm to
the criminal oense of genocide, but as an accessory
(aiding and abetting), and sentenced him to 28 years of members of the group, deliberately inicting on the group
conditions of life calculated to bring about its physical de-
imprisonment.[108]
struction in whole or in part, imposing measures intended
On 22 October 2013 the Constitutional Court of Bosnia to prevent births within the group.[113][114] On 16 October
and Herzegovina upheld the appeal of Petar Mitrovi, 2009 Court of Bosnia and Herzegovina, in a rst instance
nding that the Court of Bosnia and Herzegovina had vi- verdict, found Milorad Trbi directly responsible for the
olated his rights from Article 7 of the European Conven- crimes he committed as part of a joint criminal enter-
tion of Human Rights, when it applied the new Criminal prise to destroy all the Bosniaks brought into his area of
Code of Bosnia and Herzegovina, instead of the one that responsibility during the period following the fall of Sre-
was in force when the crime of genocide was commit- brenica. The Court sentenced Trbi for his participation
ted. The case was remanded to the Court of Bosnia and in the crimes to thirty years imprisonment.[115][116]
Herzegovina for a new trial. Pursuant to the decision of
the Constitutional Court the Court of Bosnia and Herze-
govina terminated the execution of the sanction of im- Second instance verdict On 16 October 2009 the Ap-
prisonment for the accused and released him from prison pellate Panel of the Court of Bosnia and Herzegovina,
before the initiation of new trial. following a public hearing, refused as unfounded the ap-
peals submitted by the Prosecutors Oce of Bosnia and
The Panel of the Section I for War Crimes of the Ap- Herzegovina, and the Defence Counsel, and conrmed
peals Division of the Court of BiH sent out on 29 April the verdict and the sentence in its entirety.[117][118]
2014 a verdict in this case accepting in part the appeal
of defense for the accused, thus revising the previous
judgment in relation to its legal qualication, nding the Decision of the Constitutional Court and retrial On
accused Petar Mitrovi guilty of the criminal oense of 6 November 2014 the Constitutional Court of Bosnia and
10 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE

Herzegovina upheld the appeal of Milorad Trbi nding the second-instance verdict by which Radomir Vukovi
that the Court of Bosnia and Herzegovina had violated was found guilty of perpetrating the criminal oense of
his rights from Article 7 of the European Convention of aiding and abetting in genocide, and was sentenced to
Human Rights, when it applied the new Criminal Code long-term imprisonment of 31 years. Zoran Tomi was
of Bosnia and Herzegovina, instead of the one that was acquitted.[125]
in force when the crime of genocide was committed. The
case was remanded to the Court of Bosnia and Herzegov-
ina for a new trial.[119] After the decision of the Constitu-Decision of the Constitutional Court and retrial On
tional Court the Panel of the Appellate Division of Sec- 27 October 2015 the Constitutional Court of Bosnia and
tion I for War Crimes of the Court of Bosnia and Herze- Herzegovina upheld the appeal of Radomir Vukovi nd-
govina on 3 February 2015 sent out the Verdict dated 19 ing that the Court of Bosnia and Herzegovina had vio-
January 2015 under which the judgment of the rst in- lated his rights from Article 7 of the European Conven-
stance court is revised in terms of the application of the tion of Human Rights, when it applied the new Crimi-
Criminal Code and decision as to the sanction and so the nal Code of Bosnia and Herzegovina, instead of the one
actions for which Trbi is found guilty under the rst- that was in force when the crime of genocide was com-
instance judgmnet are dened as the criminal oense mitted. The case was remanded to the Court of Bosnia
of Genocide in violation of Article 141 of the Criminal and Herzegovina for a new trial.[126] After the decision
Code of the Socialist Federative Republic of Yugoslavia of the Constitutional Court the Panel of the Appellate
taken over based on the Law on Application of the Crim- Division of Section I for War Crimes of the Court of
inal Code of Bosnia and Herzegovina and Criminal Code Bosnia and Herzegovina on 17 December 2015 sent out
of the Socialist Federative Republic of Yugoslavia as read the Verdict under which the judgment of the rst instance
with Article 22 (co-perpetration) of the said Code. The court is revised in terms of the application of the Crimi-
Court revised the judgment in terms of the sanction as nal Code and decision as to the sanction and so the actions
well, and so pronounced on Trbi a prison sentence for for which Vukovi is found guilty under the rst-instance
a term of twenty years. The remaining part of the judg- judgment are dened as the criminal oense of Genocide
ment of the rst-instance court remained unchanged.[120] in violation of Article 141 of the Criminal Code of the
Socialist Federative Republic of Yugoslavia taken over
based on the Law on Application of the Criminal Code
Radomir Vukovi et al case of Bosnia and Herzegovina and Criminal Code of the So-
cialist Federative Republic of Yugoslavia. The Court re-
vised the judgment in terms of the sanction as well, and
First instance verdict and second instance order for so pronounced on Vukovi a prison sentence for a term
retrial On 21 October 2008 the Court issued a De- of twenty years. The remaining part of the judgment of
cision on the joinder of cases of Radomir Vukovi (X- the rst-instance court remained unchanged.[127]
KR-06/180-2) and Zoran Tomi (X-KR-08/552), and
the main trial commenced on 4 December 2008. Both
were charged with the criminal oense of genocide, and Momir Pelemi and Slavko Peri
both pleaded not guilty.[121] On 22 April 2010 the Court
of Bosnia and Herzegovina pronounced the rst-instance
First instance verdict The accused Momir Pelemi
verdict nding both the accused guilty of knowingly as-
acted as Deputy Commander of the 1st Battalion of the
sisting in the perpetration of the crime of genocide be-
1st Zvornik Infantry Brigade (1st Battalion), and as Act-
cause, as members of the special police force of the 2nd
ing Commander of the 1st Battalion in the period between
Detachment of the ekovii Special Police of the Repub-
July 9 and 21, 1995, whereas in the period between July
lika Srpska MUP, they participated in keeping the road
14 and 17, 1995, the accused Slavko Peri acted as As-
passable during the transportation of Bosniaks by trucks
sistant Commander for Security and Intelligence in the
and buses, for later capturing a large number of Bosniak
1st Battalion. The court conrmed the indictment against
men who attempted to escape from the UN Safe Area and
the accused on 28 November 2008, charging both the ac-
taking them to Kravica Farming Cooperative where they
cused for genocide. At a plea hearing before Section I
participated in their execution. They were each sentenced
for War Crimes of the Court, held on 16 January 2009,
to a long term imprisonment of 31 years.[122] On 11 May
both of the accused pleaded not guilty, and the main trial
2011 the Panel of the Courts Appellate Division of the
commenced on 10 March 2009.
Section I for War Crimes, following a public session, de-
livered an Appellate Decision revoking the Trial Verdict On 31 October 2011, the Trial Panel of the Section
and ordering a retrial before the Appellate Panel.[123][124] 1 of the Court of Bosnia and Herzegovina announced
the rst-instance verdict, sentencing Momir Pelemi and
Slavko Peri to 16 and 19 years of prison respectively
Second instance verdict On 25 January 2012 the for the criminal oense of genocide, nding that the ac-
Chamber of the Appellate Division of the Section I cused knowingly provided assistance to members of the
for War Crimes, following a public session, delivered joint criminal enterprise aimed at killing the able-bodied
2.2 Judiciary in Bosnia and Herzegovina 11

Bosniak men from Srebrenica, during a widespread and while Ikoni and Markovi were found not guilty for the
systematic attack carried out on the UN safe area in charged crimes.[136][137] Jevi was sentenced to 35 and
Srebrenica between 10 July and 1 November 1995 by uri to 30 years imprisonment.
members of the Republika Srpska Army and the RS
MUP.[128][129]
Second instance verdict On 16 August 2013 the Ap-
pellate Panel of the Section I for War Crimes of the Court
Second instance verdict On 26 December 2012 the of Bosnia and Herzegovina delivered its second instance
Chamber of the Appellate Division of the Section I for verdict by which it had reduced the long-term imprison-
War Crimes, following a public session, delivered the ment sentence of the accused Jevi to 32 years and of
second-instance verdict by which it revoked the Trial Ver- the accused uri to 28 years, refusing as ill-founded
dict with regards the accused Momir Pelemi and ordered the appeal led by the Prosecutors Oce of Bosnia and
a retrial before the appeals chamber. It also partially Herzegovina.[138]
changed the judgment against Branko Peri, such that he
is re-sentenced to 11 years imprisonment.[130]
eljko Ivanovi case

Retrial in Momir Pelemi case he main trial before

the Panel of the Section I for War Crimes of the Appellate
Division of the Court of BIH was initiated on 14 February
2013, and the second-instance verdict was pronounced on
13 June 2013. The Appellate Division found the accused
not guilty of the crime of genocide.[131]
Duko Jevi et al case
First instance verdict On 22 January 2010 the Court
of Bosnia and Herzegovina conrmed the Indictment in
the Duko Jevi et al. case, charging the accused Duko
Jevi, Mendeljev uri and Goran Markovi with the
criminal oense of genocide, in relation to Srebrenica
massacre.[132] On 19 April 2010 the Court issued a De-
cision on merging this case with the case against Neo
Ikoni, against whom the Court issued, on 21 January
2010, a decision ordering the accused into one-month
custody, after he was arrested in the United States of
America and extradited to Bosnia and Herzegovina,[133]
and against whom it had later conrmed the indictment,
charging the accused with the criminal oense of geno-
cide in Srebrenica.[134] Ikoni pleaded not guilty to the
charges.[135] Accused Jevi was at the relevant time in
the capacity of Deputy Commander of the Special Po-
lice Brigade of the MUP RS and the Commander of the
Training Center of the Special Police Brigade Jahorina;
the accused uri, in the capacity of the Commanding
Ocer of the 1st Company of the Training Center Jaho-
rina; the accused Markovi, in the capacity of the Com-
manding Ocer of the 2nd Platoon of the 1st Company
of the Training Center Jahorina and the accused Ikoni,
in the capacity of the Commanding Ocer of the 2nd
Company of the Training Center Jahorina of the MUP
RS Special Police Brigade.
On 25 May 2012 the Section I for War Crimes of the
Court of Bosnia and Herzegovina pronounced the rst-
instance verdict in which it had found the accused Jevi
and uri guilty for willingly aiding members of the joint
criminal enterprise to commit genocide in Srebrenica,
First instance verdict and second instance order for
retrial The accused eljko Ivanovi was charged with
a criminal oense of genocide, in which he allegedly par-
ticipated as a member of the Special Police Unit of the
2nd ekovii Detachment, RS MoI, during the period
from 10 to 19 July 1995 in and around Srebrenica.[139] On
29 June 2009 the accused pleaded not guilty to the charge
of genocide.[140] On 24 April 2012 the Trial Panel of the
Section I for War Crimes of the Court of BiH pronounced
a Trial Verdict nding the accused guilty of the criminal
oense of crimes against humanity and had sentenced the
accused to imprisonment for a term of 13 years.[141] The
prosecution moved the Appellate Panel of the Court to
grant its appeal, revoke the contested verdict and sched-
ule a retrial, or to alter the verdict by nding the accused
guilty of the criminal oense of genocide, while the de-
fense appealed as well. On 5 December 2012, the Panel
of Section I for War Crimes of the Appellate Division of
the Court of BiH granted the appeals of the prosecutor
and the defense, and revoked the rst instance verdict of
the Court and scheduled a retrial before the Panel of the
Appellate Division.[142]
Second instance verdict On 17 June 2003 the Ap-
peals Panel of the Court of Bosnia and Herzegovina found
the accused guilty of the crime of genocide, as an ac-
cessory, and had sentenced him to a 24-year long-term
imprisonment.[143]
Decision of the Constitutional Court and retrial On
28 March 2014 the Constitutional Court of Bosnia and
Herzegovina upheld the appeal of eljko Ivanovi nding
that the Court of Bosnia and Herzegovina had violated his
rights from Article 7 of the European Convention of Hu-
man Rights, when it applied the new Criminal Code of
Bosnia and Herzegovina, instead of the one that was in
force when the crime of genocide was committed. The
case was remanded to the Court of Bosnia and Herze-
govina for a new trial.[144] Pursuant to the decision of the
12 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE
Constitutional Court, the Court of Bosnia and Herzegov-
ina terminated the execution of the sanction of imprison-
ment for the accused and released hom from prison be-
fore the initiation of new trial.[145]
After the decision of the Constitutional Court the Panel of
the Appellate Division of Section I for War Crimes of the
Court of Bosnia and Herzegovina found Ivanovi guilty of
the criminal oense of genocide, but now under Article
141 of the Criminal Code of the Socialistic Federative
Republic of Yugoslavia, taken in conjunction with Article
24 of the same Code (complicity), and sentenced him to
20 years imprisonment.[146]
Goran Sari case On 29 August 2013 the Prosecutors
Oce of the Court of Bosnia and Herzegovina charged
Sari for the criminal oense of genocide for the mas-
sacre committed in Srebrenica.[147] The Court of Bosnia
and Herzegovina conrmed the indictment against Sari
on 9 September 2013.[148]
Aleksandar Cvetkovi case On 18 January 2010
Cvetkovi was arrested by the Israeli International Inves-
tigations Unit as he is suspected to have participated in the
Srebrenica genocide.[149] On 15 August 2013 Cvetkovi
was extradited from Israel to Bosnia and Herzegovina
to stand the trial on the charges of participation in Sre-
brenica genocide.[150] The Court of Bosnia and Herze-
govina conrmed the indictment against Cvetkovi on 12
September 2013.[151] He was accused that, as a mem-
ber of the 10th Sabotage Detachment of the Main Sta
of the Army of Republika Srpska, in late June 1995, he
participated in the launch of the rst attack on the UN
safe area of Srebrenica and the UNPROFOR base with
the aim to intimidate the Bosniak population, and that,
on 11 July 1995, he participated in the military opera-
tion Krivaja 95, or the capture of the UN safe area
of Srebrenica. He was also accused that, after the entry
into Srebrenica, and after the entire Bosniak population
had been expelled from the safe area, on 16 July 1995, at
the Branjevo Farming Cooperative, together with other
members of the 10th Sabotage Detachment, he red form
an automatic rie at the detainees gathered in groups of
ten men, on which occasion, at least nine hundred de-
tained Bosniak men and young boys from the Srebrenica
enclave were summarily executed, and only two detainees
survived.
First instance verdict The Trial Panel of Section I for
War Crimes of the Court of Bosnia and Herzegovina ren-
dered, on 2 July 2015, a verdict acquitting the accused of
all the charges for the criminal oense of genocide under
Article 171(a) and (b) of the Criminal Code of BiH, as
read with Article 29 of the same Code.[152]
Stanii Ostoja and another case Ostoja Stanii and
Marko Miloevi were arrested on 21 June 2012, under
the allegations of participation in the Srebrenica geno-
cide, through knowingly aiding the perpetration of geno-
cide in the area of the villages Petkovci and ulii, mu-
nicipality of Zvornik.[153] On 2 August 2012 the Court of
Bosnia and Herzegovina conrmed the indictment against
the accused. At the relevant period Ostoja Stanii was
the Commander of the 6th Zvornik Brigade Battalion,
while Marko Miloevi was the Deputy Commander of
the 6th Zvornik Brigade Battalion.[154] On 5 Septem-
ber 2012 both of the accused pleaded not guilty to the
charges.[155]
First instance verdict The Trial Panel of Section I for
War Crimes of the Court of Bosnia and Herzegovina ren-
dered, on 31 March 2017, a verdict by which the accused
Ostoja Stanii was found guilty of the crime of genocide
and sentenced to 11 years of imprisonment, while the ac-
cused Marko Miloevi was acquitted.[156]
Found guilty for other crimes
Franc Kos et al. case On 12 August 2010 the Court
of Bosnia and Herzegovina conrmed the indictment in
the Franc Kos et al. case charging the accused Franc
Kos, Stanko Koji, Vlastimir Golijan and Zoran Goronja,
as members of the 10th Sabotage Detachment of the
Main Sta of the Army of Republika Srpska, with the
criminal oence of genocide in Srebrenica.[157] At the
plea hearing, on 8 September 2010, the accused Vlas-
timir Golijan pleaded guilty while the accused Kos, Ko-
ji and Goronja pleaded not guilty to the criminal oense
of genocide.[158]
On 15 June 2012 the Section I for War Crimes of the
Court of BiH delivered its rst-instance Verdict, nd-
ing that the crime of genocide was committed in Sre-
brenica in the relevant period, but concluding that all the
accused are guilty of crimes against humanity. Stanko
Koji was sentenced to 43, while Franc Kos and Zo-
ran Goronja were both sentenced to 40 years impris-
onment. Vlastimir Golijan was sentenced to 19 years
imprisonment.[159][160] On 15 February 2013 the Appel-
late Panel of the Court of Bosnia and Herzegovina made
its judgment rejecting the appeal of the Prosecutors Of-
ce and partially accepting the appeal of the accused, and
reduced their sentences.[161] Franc Kos was sentenced to
35 years, Stanko Koji to 32 years, Vlastimir Golijan to
15 years and Zoran Goronja to 30 years of imprisonment.
Boidar Kuvelja case On 17 January 2010 Boidar
Kuvelja, a former Police Ocer of the II Platoon of the
1st Company of the Jahorina Training Center, was de-
prived of liberty in the area of ajnie by order of the
Prosecutor of the Special Department for War Crimes
2.3 German prosecutions
within the BiH Prosecutors Oce and is suspected to
have participated in the Srebrenica genocide. He was or-
dered into custody on 19 January 2011.[162] On 4 March
2011 the Prosecutors Oce of Bosnia and Herzegovina
had sent the indictment to the Court of Bosnia and Herze-
govina for the conrmation. Kuvelja is charged with,
among other things, the alleged execution of around one
thousand Bosniak man and boys during the Srebrenica
genocide.[163] On 9 March 2011 the Court of Bosnia and
Herzegovina conrmed the Indictment, charging Kuvelja
with the criminal oense of genocide.[164] Kuvelja sub-
sequently pleaded not guilty.[165]
On 11 January 2013 the Trial Panel of the Section I for
War Crimes of the Court of BiH pronounced a Trial Ver-
dict nding the accused guilty of crimes against humanity
and had sentenced him to 20 years imprisonment. Both
the prosecutor and the defense have indicated that they
would appeal the judgment.[166] On 19 November 2013
the Court conrmed the rst instance judgment, rejecting
both the defense and prosecutors appeal.[167]
Plea bargains
Vaso Todorovi - the Court conrmed the indict-
ment against him on 2 June 2008, under which it
was alleged that Todorovi, as a member of the Spe-
cial Police of the 2nd ekovii Detachment during
the period from 10 July to 19 July 1995, with an in-
tention to partially exterminate a group of Bosniak
people, participated in a joint criminal enterprise
aimed at forcible relocation of around 40 thousand
civilians from the UN Protection Zone Srebrenica,
and was charged with the crime of genocide. On
23 June 2008 Todorovi pleaded not guilty, and the
trial was initiated on 13 October 2010. Todorovi
made a plea agreement with the Prosecution on 16
October 2010, after which the charge of genocide
was replaced by crimes against humanity. On 22
October 2010 he was found guilty of aiding and
abetting murder and deportation and forcible trans-
fer as a crime against humanity committed in Sre-
brenica in July 1995, and was sentenced to six years
imprisonment.[168]
Dragan Crnogorac - on 15 November 2010,
Crnogorac was deprived of liberty in Banja Luka by
order of the Prosecutor of the Special Department
for War Crimes within the BiH Prosecutors Oce
and is suspected to have, as a member of the police
forces of the Jahorina Training Center a part of
the RS MoI, personally participated in the capture
of Muslim men in the village of Sendici who had
tried to escape Srebrenica and their execution, dur-
ing the genocide of July 1995.[169] Crnogorac struck
a plea bargain after being indicted for genocide, af-
ter which he was sentenced to 13 years in prison for
crimes against humanity.[170]
13
2.3 German prosecutions
During the late 1990s the German courts handed down
custodial sentences to several individuals who were found
guilty by the German courts of participating in genocides
in Bosnia. Two of these cases were cited in the judge-
ment handed down by the ICTY against Radislav Krstic,
when considering whether the Srebrenica massacre met
the United Nations Convention on the Prevention and
Punishment of the Crime of Genocide requirement of "in
part".[171]
2.3.1 Novislav Daji
Novislav Daji was indicted in Germany for participa-
tion in genocide, but the Higher Regional Court failed to
nd that there was sucient certainty, for a criminal con-
viction, that he had intended to commit genocide. Nev-
ertheless, Daji was found guilty of 14 cases of murder
and one case of attempted murder.[172] At Daji's appeal
on 23 May 1997, the Bavarian Appeals Chamber found
that acts of genocide were committed in June 1992, con-
ned within the administrative district of Foca.[173]
2.3.2 Nikola Jorgi
The Higher Regional Court (Oberlandesgericht) of Ds-
seldorf, in September 1997, handed down a genocide
conviction against Nikola Jorgic, a Bosnian Serb from
the Doboj region who was the leader of a paramilitary
group located in the Doboj region. He was sentenced
to four terms of life imprisonment for his involvement
in genocidal actions that took place in regions of Bosnia
and Herzegovina, other than Srebrenica.[174][175][176] His
appeal was dismissed by German Federal Constitutional
Court.[177][178]
Application before the European Court Of Human
Rights On 12 July 2007, European Court of Human
Rights dismissed Nikola Jorgic appeal,[179] but high-
lighted that the German courts had interpreted the Ger-
man domestic law on genocide more broadly than the
more recent rulings by the ICTY and the ICJ.
The ECHR having reviewed the case and the more recent
international rulings on the issue[180][181][182][183] held that
the [German] courts interpretation of 'intent to destroy
a group' as not necessitating a physical destruction of the
group, which has also been adopted by a number of schol-
ars [...], is therefore covered by the wording, read in its
context, of the crime of genocide in the [German] Crim-
inal Code and does not appear unreasonable,[184] and
thus it concluded that while many authorities had fa-
vored a narrow interpretation of the crime of genocide,
there had already been several authorities at the material
time which had construed the oence of genocide in the
same wider way as the German courts and that "[Jorgic],
14 2 INDIVIDUAL INDICTMENT AND CONVICTIONS FOR THE CRIME OF GENOCIDE
if need be with the assistance of a lawyer, could reason-
ably have foreseen that he risked being charged with and
convicted of genocide for the acts he had committed in
1992.,[185] and for this reason the court rejected Jorgics
assertion that there had been a breach of Article 7 (no
punishment without law) of the European Convention on
Human Rights by Germany.[186]
2.3.3 Maksim Sokolovi
On 29 November 1999, the Higher Regional Court
(Oberlandesgericht) of Dsseldorf condemned Maksim
Sokolovi to 9 years in prison for aiding and abetting the
crime of genocide and for grave breaches of the Geneva
Conventions.[187][188][189]
2.3.4 ura Kulji
In 1999 ura Kulji was found guilty for commit-
ting genocide and sentenced to life-imprisonment by a
German court for killing of six Bosniaks and order of
expulsion of other non-Serb population while he was
police chief of Vrbanjci (municipality Kotor Varo) in
1992.[190] Qualication of his crimes was changed to
complicity in genocide on appeal, but his sentence was
unaltered.[191][192] It has been argued by some legal schol-
ars that the courts have taken a relatively extensive
view with regards the mental element of genocide in that
case.[193]
On 11 January 2006 Kulji led an appeal before the
Constitutional Court of Bosnia and Herzegovina claim-
ing that his fair trial rights were violated when it was not
made possible for him to participate in the procedure be-
fore the Ministry of Civil Aairs and Communications of
B&H and Ministry of Foreign Aairs of B&H, when it
was decided that B&H would not request his extradition
regarding the criminal procedure against him for geno-
cide, although in his view B&H had jurisdiction, since
he did not even know the procedure was underway. The
Court dismissed his appeal for being ratione materiae in-
compatible with the Constitution of Bosnia and Herze-
govina.[194]
2.4 Austrian prosecutions
Duko Cvjetkovi, who was allegedly a commander of
a Bosnian-Serb militia group in Kucice, was arrested in
Austria on 19 May 1994. On 27 July 1994 the Prosecu-
tors Oce of Salzburg led an indictment against Cv-
jetkovi for genocide and genocide through aiding and
abetting pursuant to 321 (1) rst and fourth alternative
of the Criminal Code of Austria related to murder and
forcible transfer and 12 third alternative of the StGB re-
lated to aiding and abetting, murder pursuant to 75 of
the Criminal Code of Austria and murder through aiding
and abetting pursuant to 12 third alternative, 75 of the
Criminal Code of Austria as well as arson through aiding
and abetting pursuant to 12 third alternative, 169 (1) of
the Criminal Code of Austria. He was subsequently ac-
quitted by a jury.[195]
2.5 The Netherlands prosecutions
A former UN interpreter, Hasan Nuhanovi and the fam-
ily of Rizo Musta, an electrician who worked for the
UN Battalion at Srebrenica, have led a criminal com-
plaint requesting that genocide charges be brought against
three Dutch military ocials: commander Thom Kar-
remans, his deputy Rob Franken and second in com-
mand Berend Oosterveen, because Nuhanovi's family
members were forced out of UN compound (his fa-
ther and brother were killed subsequently), as well as
Musta who is still missing.[196] The public prosecu-
tor in The Netherlands has decided to open an inves-
tigation pursuant to the criminal complaint.[197] On 7
March 2013 Dutch authorities decided not to prosecute,
while Nuhanovi indicated that he would appeal that
decision.[198][199] The families lodged a complaint about
the public prosecutors decision with the Military Cham-
ber of the Court of Appeal of Arnhem-Leeuwarden, but
on 29 April 2015 the Court of Appeal dismissed the com-
plaint, nding that prosecutions were unlikely to lead to
a conviction. Against the decision by the Court of Ap-
peal the families submitted an application to the Euro-
pean Court of Human Rights complaining that the Court
of Appeal had failed to order the criminal prosecution
of the three Netherlands servicemen, or at least a crim-
inal investigation into their involvement in the deaths of
their relatives. On 30 August 2016 the European Court
of Human Rights declared the application as inadmissi-
ble for being manifestly ill-founded, concluding that it
cannot be said that the domestic authorities have failed
to discharge the procedural obligation under Article 2 of
the Convention to conduct an eective investigation ...
which was capable of leading to the establishment of the
facts, ... and of identifying and if appropriate punish-
ing those responsible.[200]
2.6 Serbian prosecutions
On 11 August 2010, Humanitarian Law Center, a human
rights non-governmental organization from the Republic
of Serbia, led a criminal complaint with the Oce of the
War Crimes Prosecutor of the Republic of Serbia against
an unspecied number of members of the former Army
of the Republika Srpska (VRS) for the alleged commit-
ment of the war crime of genocide in Srebrenica, accord-
ing to Article 14 of the Criminal Code of the Federal
Republic of Yugoslavia (KZ SRJ) with regards to Article
22 of the KZ SRJ as co-perpetrators.[201]
3.2 United States of America 15

3 Civil Suits rial.[202] Following the decision the Srebrenica Commis-

sion was formed by the Republika Srpska government to
investigate the events that occurred in and around Sre-
3.1 Bosnia and Herzegovina brenica in July 1995. It has been argued that even though
the overall impact of the Commission was limited, its for-
In a case of Ferida Selimovi et al. v. the Republika Srp- mation and work did present a rst step for Republika
ska the Human Rights Chamber of Bosnia and Herze- Srpska in recognition of the genocide.[203]
govina decided on 49 applications comprising the Sre-
brenica cases which involved applications led by im-
mediate family members of Bosniak men presumed to
have been killed as part of the mass executions during
the Srebrenica genocide in July 1995. The cases raised
issues under Articles 3, 8, and 13 of the European Con-
vention on Human Rights, and of discrimination in con- 3.2 United States of America
nection with these rights under Article II(2)(b) of the Hu-
man Rights Agreement set out in Annex 6 to the General
Framework Agreement for Peace in Bosnia and Herze- In 1994 two set of complaints (Doe v. Karadi and Kadi
[204]
govina. The applicants alleged that they as close family v. Karadi), both with multiple plaintis, led suits
members, either directly or indirectly, were themselves under the Alien Tort Claims Act and the Torture Vic-
victims of alleged or apparent human rights violations re- tims Protection Act in the United States District Court
sulting from the lack of specic information on the fate for the Southern District of New York, against Radovan
and whereabouts of their relatives last seen in Srebrenica Karadi for various atrocities carried out by Bosnian-
in July 1995. They requested the authorities to bring the Serb military forces as part of a genocidal campaign".[205]
perpetrators to justice, and most also requested compen- The district court dismissed both cases claiming that
sation for their suering in an unspecied amount. named statutes required state action,[206] however the
court of appeals revised and remanded that judgment,
The Chamber relied on the Krsti trial judgment for the stating that Karadi may be found liable for geno-
historical context and underlying facts, although it only cide, war crimes, and crimes against humanity in his
utilized those factual portions of the Krsti judgment private capacity and for other violations in his capacity
which were not included in the appeal that was under- as a state actor, and that he is not immune from ser-
way at the time of the Chambers decision. In its decision
vice of process.[205] Karadi was personally served with
the Chamber concluded that Republika Srpska's failure summons and complaint in each action during his vis-
to make accessible and to disclose information requested
its to U.N. in New York,[207] and he actively partici-
by the applicants about their missing relatives constituted pated through his lawyers in the proceedings (Ramsey
a violation of its positive obligations to secure respect for
Clark, as his attorney),[208] until the Supreme Court of
their rights to private and family life, as guaranteed by the United States denied his request to review the de-
Article 8 of the European Convention. Also, it held that
cision of the court of appeals.[209][210] In 2000, the dis-
Republika Srpskas failure to inform the applicants about trict court entered order of default in Kadi v. Karadi,
the truth of the fate and whereabouts of their missing rel- after which the case proceeded to a damages phase in
atives, including conducting a meaningful and eective which the jury returned a verdict of US$745 million
investigation into the massacre at Srebrenica in July 1995, (US$265 million in compensatory damages and US$480
violated their rights to be free from inhuman and degrad- million in punitive damages), which was then incorpo-
ing treatment, as guaranteed by Article 3 of the European rated in the judgment of the court,[211] in favour of four-
Convention. Finally, the Chamber concluded that in fail- teen plaintis. The court also issued a permanent in-
ing to fulll its obligations owed to the applicants under junction by which Karadi and his subordinates were
the European Convention, the Republika Srpska had dis- enjoined and restrained from committing or facilitating
criminated against the applicants due to their Bosniak ori- any acts of 'ethnic cleansing' or genocide (...) or any
gin. other act committed in order to harm, destroy or extermi-
As for the reparations, the Chamber ordered Republika nate any person on the basis of ethnicity, religion and/or
Srpska to disclose any information it had on the fate of the nationality.[212] In the same year, in Doe v. Karadi,
applicants relatives; to release any missing persons it had the court decided in favour of twenty-one plaintis, and
in custody; to conduct a full and meaningful investigation awarded them US$407 million in compensatory damages
of the role of its authorities and armed forces in the Sre- and US$3.8 billion in punitive damages.[213] As of 2008
brenica massacre, its eorts to cover up the crime, and the plaintis did not receive damages. Deputy High rep-
the fate of the missing persons, and to publish this report resentative for Bosnia and Herzegovina, Ra Gregorian,
within six months of the decision; to publish the deci- stated that OHR was considering ways of conscating
sion of the Chamber in the Serbian language in its O- Karadi's property, including that of his closest rela-
cial Gazette; and to make a total donation of 4.000.000 tives and network of his supporters, and that EUFOR had
Convertible Marks to the Srebrenica Genocide memo- taken measurements of his family house in Pale.[214]
16
3.3 The Netherlands
Currently two cases are being conducted before The
Hague District Court in the Netherlands against the State
of the Netherlands and the United Nations.
One case is headed by a team of 14 attorneys of Dutch
law rm Van Diepen Van der Kroef,[215] which is rep-
resenting 11 plaintis including the foundation Mothers
of the Enclaves of Srebrenica and epa (which repre-
sents 6,000 relatives of the victims),[216] who asked the
court, inter alia, to grant a judicial declaration that the
UN and the State of the Netherlands breached their obli-
gation to prevent genocide, as laid down in Genocide
Convention and to hold them jointly liable to pay com-
pensation for the loss and injury suered by plaintis as
well as damages yet to be determined by the court, and
to settle these according to law.[217] On 10 July 2008,
the court ruled that it had no jurisdiction against the
UN, however the proceedings against the State of the
Netherlands continued.[218][219] Plaintis have appealed
the judgment (in relation to UN immunity),[220] and rst
public hearings relating to this issue were held on 28 Jan-
uary 2010.[221] The decision by the Court was made on 30
March 2010, by which the UNs absolute immunity was
upheld.[222][223] Plaintis have appealed this judgment as
well,[224] but the Supreme court of the Netherlands held
in April 2012 that the UN enjoyed the immunity.[225][226]
On 11 June 2013 the European Court of Human Rights
unanimously declared the application inadmissible, in re-
lation to the alleged violation of Article 6 of the European
Convention of Human Rights because of the granting
of absolute immunity to the UN by the Dutch Supreme
Court.[227] On 16 July 2014 the District Court in The
Hague ruled that the Netherlands is liable for the deaths
of some 300 victims who were under Dutchbats eec-
tive control, and which were forced out of the Dutchbat
compound in Potoari, but not for the deaths of other
victims.[228][229][230]
The second case concerns a former UN interpreter, Hasan
Nuhanovi, and the family of Rizo Musta, an elec-
trician who worked for the UN Battalion at Srebrenica.
[231]
Nuhanovi led a suit against the State of the Nether-
lands in front of the District Court in The Hague claim- [5] Prosecutor v. Radislav Krsti, ICTY TC I, 2 August 2001
ing that Dutch troops within the UN peacekeeping con-
tingent that were responsible for security in the then Sre-
brenica protected zone, allowed VRS troops to kill his [6] Prosecutor v. Radislav Krsti, ICTY AC, 19 April 2004
family (brother, father and mother),[232] while the fam-
[233]
ily of Musta led the suite because he was killed [7] Press Release (2004-12-20), ICTY. Retrieved 2010-06-
in similar circumstances.[234] The liability of the state
of the Netherlands was based on the opinion that the
Dutch Government (Minister of Defense) had the de [8] Sta (2010-06-02). Former general moved to prison
facto operational command of the battalion, as estab-
lished by the Dutch Constitution (Article 97(2)), which
grants the government superior command (oppergezag)
over Dutch military forces.[234] On 10 September 2008,
the Hague District Court ruled against the plaintis, not- [10] BEARA (IT-02-58) Case Information Sheet: The Indict-
ing that the state of the Netherlands cannot be held re-
4 REFERENCES AND NOTES
sponsible for the acts or omissions of Dutchbat, since
that contingent of troops was made available to the UN
and, as a matter or principle, any of its acts are to
be attributed strictly to the UN. At the same time it
found that the acts of Dutchbat cannot be concurrently
attributed to the Netherlands since, in the view of the
Court, no evidence was presented that the Dutch gov-
ernment cut across the United Nations command struc-
ture by ordering the contingent to ignore or disobey
UNPROFOR orders.[235][236] On 5 July 2011, upon the
appeal of the plaintis, the Dutch Appellate court held
that the Netherlands was responsible for the three deaths
indicated in the claim, and that it owns damages to the
plaintis.[237][238][239][240][241][242] On 3 May 2013, the
Procurator General of the Supreme Court of the Nether-
lands concluded in his so-called advisory opinion that
the appeal against the Judgment of the Court of Appeal of
the Hague should be rejected.[243] On 6 September 2009
the Supreme Court of the Netherlands upheld the Ap-
peals Court decision holding the Netherlands liable for
the three deaths in this case.[244][245][246][247][248][249] The
Netherlands decided to award the families of the vic-
tims with 20.000 EUR each of non-material damages,
while the material damages will be determined at a later
date.[250]
4 References and notes
[1] The Application of the Convention on the Prevention and
Punishment of the Crime of Genocide (Bosnia and Herze-
govina v. Serbia and Montenegro) [2007] Judgment, ICJ
General List No. 91, p. 108, paragraph 297.
[2] ICTY: Blagojevic Acquitted of Complicity in Genocide
Balkan Investigative Reporting Network
[3] Harmen van der Willt, Srebrenica: On Joint Criminal En-
terprise, Aiding and Abetting and Command Responsibil-
ity, Netherlands International Law Review 62 (2015), pp.
229-241.
[4] Case information sheet for Radislav Krsti. Retrieved
2010-06-10.
(case no. IT-98-33-T).
(case no. IT-98-33-A).
10.
with Al-Qaeda members. B92. Retrieved 2010-06-08.
[9] ICTY; Press Release:Popovic Et Al. Srebrenica Trial to
Begin 14 July 2006"; United Nations;
ment (Srebrenica)

[11] BOROVCANIN (IT-02-64) Case Information Sheet: The
Indictment
[12] ICTY Prosecutors Indictment
[13] Prosecutor v. Popovi et al, ICTY TC II, 10 June 2010
(case no. IT-05-88-T).
[14] Prosecutor v. Popovi et al, ICTY AC II, 30 January 2015
(case no. IT-05-88-A).
[15] Ravanides, Christos (10 March 2016). Srebrenica at 20:
The ICTY Issues Long-Due Final Convictions. ASIL.
Retrieved 13 March 2016.
[16] The Prosecutor vs. Radovan Karadi, ICTY, Third
Amended Indictment, Case No. IT-95-5/18-PT, 27
February 2009
[17] The Prosecutor vs. Radovan Karadi, ICTY,
Prosecutions Marked-up Indictment, Case No. IT-
95-5/18-PT, 19 October 2009
[18] Sta Karadzic own to Hague tribunal, BBC, 30 July
2008
[19] Q&A - Karadzics legal position BBC News
[20] Radovan Karadzic refuses to enter plea at the Hague The
Times Online
[21] ICTY. Case Information Sheet. Communications Service
of the International Criminal Tribunal for the former Yu-
goslavia. Retrieved 2012-08-01.
[22] Karadzic says defence 'not ready'. Al Jazeera English
[23] Press Release (2012-06-28). Tribunal dismisses Karadi
motion for acquittal on 10 of 11 counts of the indictment.
ICTY. Retrieved 2012-06-28.
[24] Prosecutor v. Radovan Karadi, ICTY AC, 11 July 2013
(case no. IT-9S-SI18-AR98bis.l).
[25] Prosecutor v. Radovan Karadi, ICTY TC, 24 March
2016 (case no. IT-95-5/18-T).
[26] ICTY: The prosecutor of the tribunal against Ratko
Mladic - Amended Indictment
[27] CNN (27 May 2011). Mladic booked at The Hague after
extradition from Serbia. Retrieved 31 May 2011.
[28] ICTY. Case Information Sheet. Communications Service
of the International Criminal Tribunal for the former Yu-
goslavia. Retrieved 2012-08-01.
[29] Tribunal rejects Ratko Mladi's request for acquit-
tal. International Criminal Tribunal for the former Yu-
goslavia. 15 April 2014. Retrieved 16 April 2014.
[30] Rule 98 bis Judgement summary in the case of Ratko
Mladi, ICTY, 15 April 2014.
[31] Bosnian Serb War Crimes Fugitive on His Way to the
HagueJune 1, 2007. Voice of America.
[32] Tolimir Requested Use of Chemical Weapons in Zepa
August 22, 2006. Sense Tribunal.
17
[33] ICTY. Case Information Sheet. Communications Service
of the International Criminal Tribunal for the former Yu-
goslavia. Retrieved 2012-08-01.
[34] Press Release (2012-12-12). Zdravko Tolimir sentenced
to life imprisonment for Srebrenica and epa crimes.
ICTY. Retrieved 12 December 2012.
[35] Prosecutor v. Zdravko Tolimir, ICTY TC II, 12 December
2012 (case no. IT-05-88/2-T).
[36] Prosecutor v. Vidoje Blagojevi and Dragan Joki, ICTY
TC I, 17 January 2005 (case no. IT-02-60-T).
[37] Prosecutor v. Vidoje Blagojevi and Dragan Joki, ICTY
AC, 9 May 2007 (case no. IT-02-60-A).
[38] Blagojevic and Jokic (IT-02-60) Case Information Sheet
5 August 2004
[39] Judgement in the Case the Prosecutor v. Momir Nikolic,
ICTY CT/P.I.S/806e The Hague, 2 December 2003.
[40] ICTY: Plea agreement - The Prosecutor v. Dragan Obren-
ovic
[41] http://www.un.org/icty/indictment/english/
obr-ii010409e.htm Initial Indictment of Dragan
Obrenovic ICTY Case IT-01-43
[42] Bosnia genocide suspect held
[43] Obrenovic Pleads Not Guilty
[44] Trial of Dragan Obrenovic
[45] The Prosecutor v. Biljana Plavic: Trial Chamber Sen-
tences the Accused to 11 years Imprisonment And says
that No Sentence can fully Reect the Horror of what Oc-
curred or the Terrible Impact on Thousands of Victims
CC/ P.I.S./ 734e, ICTY The Hague, 27 February 2003.
[46] Bosnian Serb 'Iron Lady' released. BBC News. 27 Oc-
tober 2009. Retrieved 8 May 2010.
[47] ICTY: The prosecutor of the tribunal against Slobodan
Milosevic - Amanded Indictment
[48] ICTY: Prosecutor v. Slobodan Miloevi: Decision on
Motion for Judgment of Acquittal
[49] ICTY: The prosecutor of the tribunal against Milan Ko-
vaevi - Amended Indictment
[50] The Prosecutor v. Goran Jelisi, ICTY TC I, 14 December
1999 (case no. IT-95-10-A), para. 108.
[51] The Prosecutor v. Goran Jelisi, ICTY AC, 5 July 2001
(Case no. IT-95-10-A), para. 72.
[52] Case Information Sheet JELISIC (IT-95-10) - ICTY
[53] Goran Jelisic acquitted of genocide and found guilty of
crimes against humanity and violations of the laws or cus-
toms of war Press release, The Hague, 19 October 1999
JL/P.I.S./441-E
[54] ICTY: The prosecutor of the tribunal against Momcilo
Krajisnik - Amended Indictment
18
[55] ICTY: Judgment - Momcilo Krajisnik
[56] Bosnia Serb jailed for war crimes, BBC News, 27 Septem-
ber 2006
[57] ICTY: Momcilo Krajisnik sentenced to 20 years, by
Thijs Bouwknegt, 17-03-2009, Radio Netherlands World-
wide Internet Archive, accessed 17 December 2010]
[58] ICTY: Momcilo Krajisnik Transferred to Prison in UK
Balkan Investigative Reporting Network (BITN) Justice
Report, accessed 17 December 2010
[59] Prosecutor v. Milomir Staki, ICTY TC II, 31 July 2003
(case no. IT-97-24-T).
[60] Sta (2003-07-31). "Bosnian Serb gets life sentence".
BBC. Retrieved on 2013-04-18.
[61] Case Information Factsheet, PRIJEDOR"(IT-97-24):
Milomir Staki.
[62] Prosecutor v. Milomir Staki, ICTY AC, 22 March 2006
(case no. IT-97-24-A).
[63] Maki, Erna (2009-11-19). Future of Genocide Trials
Hangs on Karadzic Verdict, at BIRN. Retrieved on 2009-
12-01.
[64] Indictment of District Military Prosecutors Oce in
Sarajevo, reference: KTV-III-97/92, dated 7 February
1993; Amended indictment of District Military Prosecu-
tors Oce in Sarajevo, reference: KTV-III-97/92, dated
14 March 1993.
[65] Verdict of District Military Court in Sarajevo, reference:
K-I-14/93, dated 12 March 1993.
[66] Verdict of the Supreme Court of Bosnia and Herzegovina,
reference: K.44/93, dated 30 July 1993.
[67] Verdict of the Supreme Court of Bosnia and Herzegovina,
reference: K.191/93, dated 29 December 1993
[68] Decision of the Sarajevo Canton Court, reference Kv:
89/97, dated 27 May 1997 (rejected request for re-
trial of Damjanovi); Decision of the Supreme Court
of Federation of B&H, reference: K297/97, dated
29 July 1997 (annulling the decision rejecting retrial of
Damjanovi); Decision of Sarajevo Canton Court, ref-
erence: Kv-143/97, dated 13 October 1997 (rejecting
request for retail of Damjanovi); Decision of Sarajevo
Canton Court, reference: Kv.143/97, dated 15 Decem-
ber 1997 (rejecting the appeal of Damjanovi); Deci-
sion of Supreme Court of Federation of B&H, reference:
K.14/98, dated 16 February 1998 (rejecting the appeal
of Damjanovi).
[69] Decision of the Canton Court in Sarajevo, reference: Kv-
276/00, dated 12 July 2000; Human Rights Chamber
for Bosnia and Herzegovina, Sretko Damjanovi against
the Federation of Bosnia and Herzegovina, Case no.
CH/98/638, 11 February 2000.
[70] Verdict of the Canton Court in Sarajevo, reference: K
111/00, dated 15 July 2002.
[71] Verdict of the Supreme Court of Federation of B&H, ref-
erence: K266/03.
4 REFERENCES AND NOTES
[72] Decision of the Canton Court in Sarajevo, reference: Kv-
294/00, dated 28 August 2000; Decision of the Supreme
Court of Federation of B&H, reference: K443/00,
dated 26 December 2000.
[73] Decision of the Sarajevo Canton Court, reference: KI-
I-14/93, dated 30 November 1998 (sentence altered to
40 years imprisonment); Decision of the Supreme Court
of Federation of B&H, reference: K58/99, dated 16
March 1999 (sentence altered to 20 years imprisonment).
[74] Sta (2012-08-31). Na slobodi prvi osuenik za genocid
u BiH. Radio Sarajevo. Retrieved on 2012-08-31.
[75] Indictment number: KT-49/96 issued on 22 July 1996.
[76] Request number: KT-631/96, from 11 September 1997
(partial amendment of the indictment).
[77] First-instance judgment number: K. 186/96 rendered on
19 September 1997.
[78] Judgment number: K591/98 of the Supreme Court of
the Federation of Bosnia and Herzegovina rendered on 1
August 2000.
[79] Indictment No. KT-329/96 issued on 29 June 1996
[80] Judgment of the First Instance Court No. K-186/96 ren-
dered on 19 January 1998
[81] Judgment of the Supreme Court of the Federation of
Bosnia and Herzegovina No. K147/98 rendered on 16
June 1998
[82] News Releases (2010-04-27). Bosnian-Serb suspect re-
moved. U.S. Immigration and Customs Enforcement.
Retrieved 2010-04-28.
[83] Sta (2010-04-28). Srebrenica genicide: Marko Boskic
extradited from US. BH-News.com. Retrieved 2010-04-
28.
[84] Sta (2010-08-25). Bosnia Arrests Suspect in Srebrenica
Massacre. Voice of America. Retrieved 2010-08-26.
[85] Scope, Broder (2011-01-18). ICE Deports Former Sol-
dier Accused of Human Rights Violations in Bosnia Mas-
sacr. Imperial Valley News. Retrieved 2011-01-19.
[86] Ritter, Ken (2012-05-26). U.S. deports man sought for
war crimes in Bosnia. National Post. Retrieved 2012-06-
17.
[87] News (2012-07-24). Indictment conrmed in the case v.
Nedeljko Milidragovi et al.. The Court of Bosnia and
Herzegovina. Retrieved on 2012-08-01.
[88] Sta. Indictment for Genocide in Srebrenica Conrmed.
BIRN BiH. Retrieved on 2012-08-01.
[89] Meu Srbima uhapenim za genocid u Srebrenici i Neo
Kasapin. Klix. Retrieved 8 April 2015.
[90] Branimir Tei ordered into custody, Miodrag Josipovi
ordered prohibiting measures. The Court of Bosnia and
Herzegovina. 8 September 2014. Retrieved 23 September
2014.
 19

[91] Indictment conrmed in the case v. Miodrag Josipovi [109] Appeals Verdict in the Petar Mitrovi case sent out. The
et al.. The Court of Bosnia and Herzegovina. 15 October Court of Bosnia and Herzegovina. 13 May 2014. Re-
2014. Retrieved 23 October 2014. trieved 18 May 2014.

[92] Indictment conrmed in Dragomir Vasi et al.. The [110] News (2010-05-05). Milo Stupar acquitted of charges.
Court of Bosnia and Herzegovina. 8 January 2015. Re- The Court of Bosnia and Herzegovina. Retrieved on
trieved 17 January 2015. 2010-05-06.
[93] Indictment conrmed in the case v. Sreko Aimovi". [111] Prosecutors Oce of Bosnia and Herzegovina v. Milo
The Court of Bosnia and Herzegovina. 31 December Stupar, Court of Bosnia and Herzegovina - Chamber
2015. Retrieved 3 January 2016. of the Appeals Panel, 28 April 2010 (case no. X-
KR05/24-3).
[94] Aida Cerkez-Robinson (2008-07-30). 7 Bosnian Serbs
guilty of genocide in Srebrenica. USA Today. Archived [112] Trial Watch. Retrieved on 2009-10-17.
from the original on 2016-02-17.
[113] Case information on X-KR-07/386 - Trbi Milorad
[95] Bosnian Serbs jailed for genocide. BBC News. 2008-
07-29. Retrieved 2008-07-29. [114] Original indictment from 20 July 2007 (corrected version
from 25 July 2007).
[96] Strippoli, Alfredo (July 2009). "National Courts and
Genocide: The Kravica Case at the Court of Bosnia and [115] Prosecutors Oce of Bosnia and Herzegovina v. Milo-
Herzegovina", Journal of International Criminal Justice, rad Trbi, Court of Bosnia and Herzegovina First Instance
7(3), p. 577-595. Verdict, 16 October 2009 (case no. X-KR-07/386).

[97] First Instance Verdict, 2008-07-29, no. X-KR-05/24. [116] Press release of the Court of Bosnia and Herzegovina. Re-
trieved on 2009-10-17
[98] The Court of Bosnia and Herzegovina - Mitrovic and oth-
ers (Kravice) - Accused of the criminal oence of geno- [117] Sta (2011-01-17). Trial Verdict in Trbi Upheld. The
cide in violation of Article 171 of the Criminal Code of Court of Bosnia and Herzegovina. Retrieved 21 February
Bosnia and Herzegovina (X-KR-05/24 - Mitrovic and oth- 2015.
ers (Kravice)).
[118] Prosecutors Oce of Bosnia and Herzegovina v. Milorad
[99] News (2009-10-27). Appellate Panel delivers verdict in Trbi, Court of Bosnia and Herzegovina Second Instance
the Milo Stupar et al. case, The Court of Bosnia and Verdict, 21 October 2010 (case no. X-KR07/386).
Herzegovina. Retrieved on 2009-10-31.
[119] Constitutional Court of Bosnia and Herzegovina, Decision
[100] The Appellate Panel verdict, 2009-09-09, No. X- on Admissibility and Merits, no. AP-1240/11, dated 6
KR05/24. November 2014.
[101] Constitutional Court of Bosnia and Herzegovina, Decision [120] Milorad Trbi sentenced to 20 years in prison. The
on Admissibility and Merits, no. AP-4126/09, dated 22 Court of Bosnia and Herzegovina. 16 February 2015. Re-
October 2013. trieved 21 February 2015.
[102] Constitutional Court of Bosnia and Herzegovina, Decision [121] News (2008-03-12). Commencement of trial in the
on Admissibility and Merits, no. AP-4100/09, dated 22 Radomir Vukovi and Another case scheduled. The
October 2013. Court of Bosnia and Herzegovina. Retrieved 2010-01-26.
[103] Constitutional Court of Bosnia and Herzegovina, Decision
[122] Prosecutors Oce of Bosnia and Herzegovina v. Radomir
on Admissibility and Merits, no. AP-4065/09, dated 22
Vukovi and Zoran Tomi, Court of Bosnia and Herzegov-
October 2013.
ina First Instance Verdict, 22 April 2010 (case no. X-KR-
[104] Ustavni sud ukinuo deset presuda za genocid (in 06/180-2)
Bosnian). Al Jazeera Balkans. 23 October 2013. Re-
[123] Trial Verdict Revoked in Radomir Vukovi et al.. The
trieved 24 October 2013.
Court of Bosnia and Herzegovina. 23 June 2011. Re-
[105] "rtve ogorene oslobaanjem ratnih zloinaca: Ovo je trieved 23 June 2011.
nagrada za genocid (in Bosnian). Klix.ba. 19 November
[124] Prosecutors Oce of Bosnia and Herzegovina v. Radomir
2013. Retrieved 19 November 2013.
Vukovi and Zoran Tomi, Court of Bosnia and Herze-
[106] Kreso: Idue sedmice novo suenje osloboenim ratnim govina Second Instance Decision on Revocation of the
zloincima (in Bosnian). Klix.ba. 19 November 2013. First Instance Verdict, 11 May 2011 (case no. X-
Retrieved 19 November 2013. KR06/180-2)

[107] Appeals Verdict in the case v. Slobodan Jakovljevi et al. [125] Court of Bosnia and Herzegovina. 2012-01-26. Re-
sent out. The Court of Bosnia and Herzegovina. 11 June trieved 29 January 2012.
2014. Retrieved 15 June 2014.
[126] Constitutional Court of Bosnia and Herzegovina, Decision
[108] The Appellate Panel verdict, 2009-09-07, No. X- on Admissibility and Merits, no. AP-3113/12, dated 27
KR05/24-1. October 2015.
 20 4 REFERENCES AND NOTES

[127] Radomir Vukovi sentenced to 20 years in prison. The [144] Constitutional Court of Bosnia and Herzegovina, Decision
Court of Bosnia and Herzegovina. 21 January 2016. Re- on Admissibility and Merits, no. AP-4606/13, dated 28
trieved 26 January 2015. March 2014.

[128] News (2011-11-01). Momir Pelemi and Slavko Peri [145] Obustavljeno izvrenje kazne zatvora (in Bosnian). The
Found Guilty of Genocide ". The Court of Bosnia and Court of Bosnia and Herzegovina. 16 May 2014. Re-
Herzegovina. Retrieved 2011-11-01. trieved 18 May 2014.
[129] Prosecutors Oce of Bosnia and Herzegovina v. Pelemi [146] "eljko Ivanovi sentenced to 20 years in prison. The
Momir and Branko Peri, The Court of Bosnia and Herze- Court of Bosnia and Herzegovina. 19 June 2014. Re-
govina First Instance Verdict, 31 October 2011 (case no. trieved 20 June 2014.
S1 1 K 003379 09 Krl).
[147] Tek osueni Goran Sari ponovo uhapen zbog genocida
[130] Otpremljena drugostepena presuda u predmetu Momir u Srebrenici (in Bosnian). Klix.ba. 2013-08-29. Re-
Pelemi i dr. (in Bosnian). The Court of Bosnia and trieved 30 August 2013.
Herzegovina. 2012-12-31. Retrieved 1 January 2013.
[148] Potvrena optunica u predmetu Goran Sari" (in
[131] Momir Pelemi osloboen optube da je poinio kriv-
Bosnian). The Court of Bosnia and Herzegovina. 2013-
ino djelo genocid (in Bosnian). The Court of Bosnia
09-11. Retrieved 13 September 2013.
and Herzegovina. 2013-06-13. Retrieved 16 June 2013.
[149] Sta (2011-01-18). Israeli man arrested for alleged in-
[132] News (2010-01-25). Indictment conrmed in the Duko
volvement in Bosnia genocide ". Haaretz. Retrieved
Jevi et al. case. The Court of Bosnia and Herzegovina.
2011-01-19.
Retrieved 2010-01-26.

[133] News (2010-01-22). Neo Ikoni ordered into custody. [150] ., H. (2013-08-15). Aleksandar Cvetkovi izruen
The Court of Bosnia and Herzegovina. Retrieved 2010- Tuilatvu BiH (in Bosnian). Dnevni avaz. Retrieved
01-26. 23 August 2013.

[134] Sta (2010-03-13). Bosnia Indicts Serb Police Comman- [151] Potvrena optunica u predmetu Aleksandar Cvetkovi"
der for Srebrenica Massacre. Voice of America News. Re- (in Bosnian). The Court of Bosnia and Herzegovina.
trieved 2010-03-14. 2013-09-13. Retrieved 13 September 2013.

[135] News (2010-04-16). Neo Ikoni pleaded not guilty. [152] Aleksandar Cvetkovi Acquitted of the Charges. The
The Court of Bosnia and Herzegovina. Retrieved 2010- Court of Bosnia and Herzegovina. 2 July 2015. Retrieved
04-19. 3 July 2015.

[136] News (2012-29-05). Trial Verdict Pronounced in Duko [153] Zuvela, Maja (2012-06-21). Bosnia police arrest two
Jevi et al. Case. The Court of Bosnia and Herzegovina. Srebrenica genocide suspects. Chicago Tribune. Re-
Retrieved 2012-10-06. trieved 2012-06-22.

[137] Prosecutors Oce of Bosnia and Herzegovina v. J.D., [154] News (2012-08-07). Indictment conrmed in the case v.
.M., M.G., I.N., The Court of Bosnia and Herzegovina
First Instance Verdict, 25 May 2012 (case no. S1 1 K
003417 10 Krl (X-KR-09/823-1).
[138] News (2013-08-20). Second-instance verdict delivered
in Duko Jevi et al.. The Court of Bosnia and Herzegov-
ina. Retrieved on 2013-08-20.
[139] CASE INFORMATION - Ivanovi eljko. The Court
of Bosnia and Herzegovina. Retrieved 11 December
2012.
[140] Case information. The Court of Bosnia and Herzegovina.
Accessed on 2009-09-06.
[141] "eljko Ivanovi sentenced to 13 years in prison. The
Court of Bosnia and Herzegovina. 2012-04-25. Retrieved [158] News (2010-09-08). Vlastimir Golijan pleaded guilty;
11 December 2012.
[142] First Instance Verdict Revoked in eljko Ivanovi". The
Court of Bosnia and Herzegovina. 2012-12-10. Retrieved
11 December 2012.
[143] "eljko Ivanovi sentenced to 24-year long-term impris-
onment. The Court of Bosnia and Herzegovina. 2013-
06-17. Retrieved 19 June 2013.
Ostoja Stanii et al.. The Court of Bosnia and Herzegov-
ina. Retrieved on 2012-08-14.
[155] Sta (2012-09-05). Ostoja Stanii and Marko Miloe-
vi enter a not guilty plea. The Court of Bosnia and
Herzegovina. Retrieved 2012-15-09.
[156] Sta (31 March 2017). Ostoji Staniiu 11 godina
zatvora za pomaganje u genocidu u Srebrenici. Klix.ba.
Retrieved 31 March 2017.
[157] News (2010-08-13). Indictment conrmed in the Franc
Kos et al. case. The Court of Bosnia and Herzegovina.
Retrieved 2010-08-14.
Franc Kos, Stanko Koji and Zoran Goronja pleaded not
guilty. The Court of Bosnia and Herzegovina. Retrieved
2010-09-08.
[159] The Prosecutors Oce of Bosnia and Herzegovina v.
Franc Kos, Stanko Koji, Vlastimir Golijan and Zoran
Goronja, The Court of Bosnia and Herzegovina First In-
stance Verdict, 15 June 2012 (case no. S1 1 K 003372 10
KrI)
 21

[160] News (2012-06-18). Trial Verdict pronounced in the Bavarian Appeals Chamber similarly found
case v. Franc Kos et al. ". The Court of Bosnia and Herze- that acts of genocide were committed in June
govina. Retrieved 2012-06-22. 1992 though conned within the administra-
tive district of Foca.
[161] The Prosecutors Oce of Bosnia and Herzegovina v.
Franc Kos, Stanko Koji, Vlastimir Golijan and Zoran [172] Novislav Daji, TRIAL (Track Impunity Always)
Goronja, The Court of Bosnia and Herzegovina Second
Instance Verdict, 15 February 2012 (case no. S1 1 K [173] Bavarian Appeals Court, Novislav Daji case, 23 May
003372 12 Kr 13) 1997, 3 St 20/96.

[162] News (2011-01-19). Boidar Kuvelja ordered into cus- [174] Nikola Jorgi, Oberlandesgericht Dsseldorf, 26 Septem-
tody. The Court of Bosnia and Herzegovina. Retrieved ber 1997, IV - 26/96.
2011-01-19. [175] Nikola Jorgi, Bundesgerichtshof, 30 April 1999, 3 StR
[163] E., D. (2011-03-04). Nova optunica za genocid (in 215/98F.
Bosnian). BIRN BiH. Retrieved 4 March 2011. [176] Trial Watch for Nikola Jorgi.
[164] Indictment conrmed in the Boidar Kuvelja case. [177] Decision of the German Federal Constitutional Court, no.
Sarajevo: Court of Bosnia and Herzegovina. Retrieved 2 BvR 1290/99, dated 12 December 2000.
13 March 2011. |rst1= missing |last1= in Authors list
(help) [178] Ho, Christina; Russel A. Miller. German Federal Con-
stitutional Court and Bosnian War Crimes: Liberalizing
[165] Sta (2011-04-07). Boidar Kuvelja plead not guilty. Germanys Genocide Jurisprudence. Jahrbuch fr Inter-
The Court of Bosnia and Herzegovina. Retrieved 11 April nationales Recht. Duncker & Humblot. 44 (2001): 576
2011. 611.
[166] Boidar Kuvelja sentenced to 20 years in prison. The [179] Case of Jorgic v. Germany, App. no. 74613/01, 12 July
Court of Bosnia and Herzegovina. 2013-01-14. Retrieved 2007, ECHR.
14 January 2013.
[180] ECHR Jorgic v. Germany. 42 citing Prosecutor v.
[167] Trial Verdict conrmed in relation to Boidar Kuvelja. Krstic, IT-98-33-T, judgment of 2 August 2001, 580
The Court of Bosnia and Herzegovina. 26 November
2013. Retrieved 28 November 2013. [181] ECHR Jorgic v. Germany. 43 citing the judgment of
19 April 2004 rendered by the Appeals Chamber of the
[168] Verdict against Todorovi, Case no. X-KR-06/180-1, ICTY, IT-98-33-A 25,33
dated 22 October 2008.
[182] ECHR Jorgic v. Germany. 44 citing Prosecutor v.
[169] News (2010-11-15). A Genocide Suspect Appre- Kupreskic and Others (IT-95-16-T, judgment of 14 Jan-
hended. Prosecutors Oce of Bosnia and Herzegovina. uary 2000), 751
Retrieved 2010-11-15.
[183] ECHR Jorgic v. Germany] 45 citing Bosnia and Herze-
[170] Bosnian Serb jailed for 13 years over Srebrenica. Inter- govina v. Serbia and Montenegro, ICJ, 190
national Justice Desk. 16 May 2011. Retrieved 30 May
2011. [184] ECHR Jorgic v. Germany 105

[171] Prosecutor v. Radislav Krstic - Trial Chamber I - [185] ECHR Jorgic v. Germany. 113
Judgment - IT-98-33 (2001) ICTY8 (2 August 2001),
The International Criminal Tribunal for the Former Yu- [186] ECHR Jorgic v. Germany. 116
goslavia, paragraph 589. citing Bavarian Appeals Court,
[187] Maksim Sokolovi, Oberlandesgericht Dsseldorf, 29
Novislav Djajic case, 23 May 1997, 3 St 20/96, section
November 1999.
VI, p. 24 of the English translation. Paragraph 589:
[188] Maksim Sokolovi, Bundesgerichtshof, Third Criminal
Several other sources conrm that the intent
Senate, 21 February 2001, 3 StR 372/00
to eradicate a group within a limited geo-
graphical area such as the region of a country [189] Trial watch Maksim Sokolovic
or even a municipality may be characterised
as genocide. ... Two Judgements recently [190] ura Kulji, Bayerisches Oberstes Landesgericht, 15 De-
rendered by German courts took the view that cember 1999, 6 St 1/99
genocide could be perpetrated within a lim-
[191] ura Kulji, Bundesgerichtshof, 21 February 2001, 3
ited geographical area. The Federal Consti-
StR 244/00
tutional Court of Germany, in the Nikola Jor-
gic case, upheld the Judgement of the Ds- [192] Constitutional Court of Bosnia and Herzegovina, AP-
seldorf Supreme Court, interpreting the in- 63/06, p. 2, Sarajevo, 6 March 2007.
tent to destroy the group in part as includ-
ing the intention to destroy a group within a [193] Schabas W (2008). War crimes and human rights: essays
limited geographical area. In a Judgement on the death penalty, justice and accountability. Cameron
against Novislav Djajic on 23 May 1997, the May. pp. 711. ISBN 1-905017-63-4
 22 4 REFERENCES AND NOTES

[194] Constitutional Court of Bosnia and Herzegovina, Decision [215] Comprehensive report of the proceedings,
on Admissibility, AP-63/06, Sarajevo, 6 March 2007. www.vandiepen.com

[195] Prole, Trial. Retrieved 2011-01-25. [216] Gottlieb, Sebastian (2008-06-18). Srebrenica genocide
testcase for UN immunity, Radio Netherlands World-
[196] Sta (2010-07-06). Srebrenica families launch legal ac- wide. Retrieved on 2008-11-24
tion against Dutch soldiers. DutchNews.nl. Retrieved
2010-07-11. [217] The Hague District Court; Writ of Summons, The Hague,
p. 198
[197] Irwin, Rachel (2010-08-27). Dutch UN Troops Face
Srebrenica Probe. Institute for War & Peace Reporting. [218] The Hague District Court; Judgment in the incidental pro-
Retrieved 2010-09-04. ceedings, The Hague, 10 July 2008
[198] Sekuli, T. (2013-03-07). Nuhanovi: Nemam dva iv- [219] Corder, Mike (2008-07-10). Dutch court rules in Sre-
ota, u jednom da tuim Holandiju, a u drugom da ivim brenica civil suit, Yahoo! News. Retrieved on 2008-11-
(in Bosnian). Klix.ba. Retrieved 7 March 2013. 24.
[199] Sta (2013-03-07). Dutch prosecutors say they will [220] F. V. (2008-10-30). Advokatski tim podnio albu,
not prosecute commander of Dutch peacekeepers in Sre- Dnevniavaz.ba. Retrieved on 2008-10-30.
brenica. Fox News. Retrieved 7 March 2013.
[221] Sta (2010-01-21). Srebrenica survivors to appeal UN
[200] Musta-Muji and others v. the Netherlands, App. no. ruling. AFP. Retrieved 2010-01-24.
49037/15, 30 August 2016, ECtHR.
[222] Corder, Mike (2010-30-03). Dutch court upholds UN
[201] Sta (2010-08-16). Criminal complaint against persons immunity in Srebrenica case. Associated Press. Re-
suspected to have committed a criminal act of genocide in trieved 2010-31-03.
Srebrenica, BiH. Humanitarian Law Center. Retrieved
2010-08-30. [223] Judgment no. LJN: BL8979 of 30 March 2010. Appeal
Court in the Hague. Retrieved on 28 June 2013.
[202] Selimovi and 48 others against Republika Srpska (Sre-
brenica cases), Human Rights Chamber of Bosnia and [224] Writ of Cassation, Supreme Court of the Netherlands.
Herzegovina, Decision on Admissibility and Merits, 7 Retrieved 2010-07-11.
March 2003, case no. CH/01/8365
[225] Deutsch, Anthony (2012-04-13). U.N. can't be tried for
[203] Kari, Hikmet. From Selimovic case to the Srebrenica Srebrenica massacre - Dutch Court. Reuters. Retrieved
Commission: The Fight to Recognize the Srebrenica 2012-05-13.
Genocide. Journal of Muslim Minority Aairs. 35 (3):
370379. [226] Judgment no. LJN: BW1999, of 13 April 2012. The
Supreme Court of the Netherlands. Retrieved on 28 June
[204] Project Diana - Human Rights Cases contains many legal 2013.
les and documents in relation to these cases. Referenced
on 2008-11-24. [227] Stichting Mothers of Srebrenica and Others v. the Nether-
lands, App. no. 65542/11, 11 June 2013, ECHR.
[205] Kadi v. Karadi, 70 F.3d 232, 238-46 (2d Cir. 1995).
[228] Judgment of the District Court in The Hague, no.
[206] Doe v. Karadi, 866 F.Supp. 734, 735 (S.D.N.Y. 1994). C/09/295247 / HA ZA 07-2973, dated 16 July 2014,
ECLI:NL:RBDHA:2014:8748
[207] Kadi v. Karadi, 70 F.3d 232, 238-46 (2d Cir. 1995).
[229] Bilefsky, Dan; Marlise Simons (16 July 2014).
[208] Murphy S (2002). United States Practice in International
Netherlands Held Liable for 300 Deaths in Srebrenica
Law: Volume 1, 1999-2001. Cambridge University Press.
Massacre. The New York Times. Retrieved 17 July
p. 307. ISBN 0-521-75071-7.
2014.
[209] Kadi v. Karadi, 518 U.S. 1005 (1996)
[230] Brnice, Boutin (19 July 2014). Dutch Court holds the
[210] Miller, Bill & Haughney, Christine (2000-08-09). War Netherlands responsible for 300 Srebrenica deaths, and
Crimes Trials nd a U.S. Home, Washington Post sets limits to future claims. Shares: Research Project on
Shared Responsibility in International Law. Retrieved 21
[211] Kadi v. Karadi, No. 93 Civ. 1163, judgement August 2014.
(S.D.N.Y. August 16, 2000)
[231] Judgment of the District Court of The Hague
[212] Kadi v. Karadi, No. 93 Civ. 1163, order & perm. inj.
at 3 (S.D.N.Y. August 16, 2000) [232] Srebrenica lawsuit against Holland opens, B92, 17 June
2008
[213] Doe v. Karadi, No. 93 Civ. 878, judgment (S.D.N.Y.
October 5, 2000) [233] Judgment of the District Court of The Hague

[214] Mondo WEB Portal (2008-07-25). Karadi 'duguje' [234] District Court hears Srebrenica cases, The Hague Justice
SAD milijarde dolara, retrieved on 2008-12-21. Portal, 18 June 2008
 23

[235] Dutch Court says Netherlands not Responsible for Sre-

brenica Claim, VOA News. Retrieved on 2008-09-10.

[236] Tom Dannenbaum, Translating the Standard of Eective

Control into a System of Eective Accountability: How
Liability Should be Apportioned for Violations of Hu-
man Rights by Member State Troop Contingents Serving
as United Nations Peacekeepers, 51 Harv. Int'l L.J. 113
(2010), p. 122

[237] Nuhanovi v. The Netherlands and the Musta-Muji et al

v. The Netherlands Judgment and of the Court of Appeal
of the Hague.

[238] Sta (2011-07-05). Dutch state 'responsible for three

Srebrenica deaths", BBC News. Retrieved 2011-07-06.

[239] Nollkaemper, Andr (2011-07-08). Dual attribution: li-

ability of the Netherlands for removal of individuals from
the compound of Dutchbat. Shares: Research Project on
Shared Responsibility in International Law. Retrieved on
2011-07-10.

[240] van Dam, Cees (2011-09-19). The Netherlands Found

Liable for Srebrenica Deaths. ASIL Insights. Retrieved
on 2011-09-20.

[241] Dannenbaum, Tom (2011-10-25)."The Hague Court of

Appeal on Dutchbat at Srebrenica: Part 1 and Part 2".
EJIL: Talk!. Retrieved 2011-11-10.

[242] Berenice Boutin, Responsibility of the Netherlands for the

Acts of Dutchbat in Nuhanovi and Musta: The Contin-
uous Quest for a Tangible Meaning for Eective Control
in the Context of Peacekeeping, Leiden Journal of Interna-
tional Law, vol. 25, issue 2, pp 511-520.

[243] LJN: BZ9225, Hoge Raad , CPG 12/03324

[244] The State of the Netherlands v. Hasan Nuhanovi,

Supreme Court of the Netherlands, Case no. 12/03324, 6
September 2013.

[245] The State of the Netherlands v. Mehida Musta-Muji

et al, Supreme Court of the Netherlands, Case no.
12/03329, 6 September 2013.

[246] The Courts Summary of the Judgment. The Supreme

Court of the Netherlands. 2013-09-06. Retrieved 6
September 2013.

[247] Dutch state liable for three Srebrenica deaths - court.

BBC. 2013-09-06. Retrieved 6 September 2013.

[248] Dannenbaum, Tom (2013-09-08). Dutch Supreme

Court Arms that Dutchbat Acted Unlawfully in Sre-
brenica. EJIL: Talk!. Retrieved 9 September 2013.

[249] Boutin, Berenice (2013-09-07). Responsibility of the

Netherlands for the conduct of Dutchbat: overview of the
Supreme Court decision. Shares. Retrieved 9 September
2013.

[250] Holandija porodicama trojice ubijenih Srebreniana

ponudila po 20.000 eura odtete (in Bosnian). Klix.ba.
10 April 2014. Retrieved 10 April 2014.
24 5 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

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