| Press Release |
CHAMBERS
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| (Exclusively for the use of the media. Not an official document) |
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The Hague,14 January 2000
JL/P.I.S./462-E
Judgement in the "Kupreskic and others" Case five Accused sentenced to
Terms of Imprisonment ranging from 6 to 25 Years and one Accused Acquitted.
Today, Friday 14 January 2000, Trial Chamber II (consisting of Judge Antonio Cassese, Presiding, Judge Florence Mumba and Judge Richard May) issued its reasoned Judgement in the case of Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic, Vladimir Santic and Dragan Papic.
Five of the accused were sentenced to terms ranging from six to 25 years. One of the accused, Dragan Papic, was acquitted.
The six accused were charged in connection with their alleged role in the attack on the village of Ahmici in central Bosnia on 16 April 1993, and the massacre of 116 inhabitants of the village, including women and children. Twenty-four other villagers were wounded. The attack also resulted in the destruction of 169 houses and two mosques. The victims were Bosnian Muslim civilians.
"A WELL-PLANNED AND WELL-ORGANISED KILLING OF CIVILIAN MEMBERS OF AN ETHNIC GROUP"
In his summary of the Judgement read out in court, Judge Cassese stated that,
"The Trial Chamber is satisfied, on the evidence before it in this case, that this was not a combat operation. Rather, it was a well-planned and well-organised killing of civilian members of an ethnic group, the Muslims, by the military of another ethnic group, the Croats. The primary purpose of the massacre was to expel the Muslims from the village, by killing many of them, by burning their houses, slaughtering their livestock, and by illegally detaining and deporting the survivors to another area. The ultimate goal of these acts was to spread terror among the population so as to deter the members of that particular ethnic group from ever returning to their houses."
Judge Cassese also commented that,
"Indisputably, what happened on 16 April in Ahmici has gone down in history as comprising one of the most vicious illustrations of man’s inhumanity to man. Today, the name of that small village must be added to the long list of previously unknown hamlets and towns that recall abhorrent misdeeds and make all of us shudder with horror and shame: Dachau, Oradour sur Glane, Katijn, Marzabotto, Soweto, My Lai, Sabra and Shatila, and so many others."
The Presiding Judge pointed out that,
"At the end of the trial, we have come to the conclusion that, with the possible exception of one of the accused, this Trial Chamber has not tried the major culprits, those who are most responsible for the massacre of 16 April 1993, those who ordered and planned, and those who carried out the very worst of the atrocities – against innocent civilians…We thus had to confine ourselves to the six persons accused by the Prosecutor before our Trial Chamber, to determine whether and to what extent they participated in the crimes perpetrated in Ahmici."
SENTENCING
Having considered all the evidence and the arguments, the Judgement of the Trial Chamber is as follows:
Zoran Kupreskic, HVO soldier
GUILTY of persecution as a crime against humanity
NOT GUILTY with regard to murder and inhumane acts as crimes against humanity
Sentenced to 10 years imprisonment
Mirjan Kupreskic, HVO soldier
GUILTY of persecution as a crime against humanity
NOT GUILTY with regard to murder and inhumane acts as crimes against humanity
Sentenced to 8 years imprisonment
Vlatko Kupreskic, Police Operations Officer
GUILTY of aiding and abetting persecution as a crime against humanity
NOT GUILTY with regard to murder and inhumane acts as crimes against humanity and murder and cruel treatment as violations of the laws or customs of war
Sentenced to 6 years imprisonment
Drago Josipovic, HVO soldier
GUILTY of persecution as a crime against humanity
GUILTY of murder and inhumane acts as crimes against humanity
NOT GUILTY (for reasons of law) with regard to violations of the laws or customs of war (murder and cruel treatment)
Sentenced to 10 years, 15 years and 10 years imprisonment respectively.
Sentences are to be served concurrently (15 years imprisonment)
Vladimir Santic, Military Police Commander and Commander of the "Jokers"
GUILTY of persecution as a crime against humanity
GUILTY of murder and inhumane acts as crimes against humanity
NOT GUILTY (for reasons of law) of violations of the laws or customs of war (murder and cruel treatment)
Sentenced to 25 years, 15 years and 10 years respectively.
Sentences are to be served concurrently (25 years imprisonment)
ACQUITTAL
Dragan Papic was charged under count 1 in the indictment with persecution as a crime against humanity. However, the Trial Chamber found that, "none of the Prosecution evidence is sufficient to establish that you were an active participant in the attack on Ahmici…or in any of the events preceding this attack." The Trial Chamber therefore acquitted Papic.
LEGAL FINDINGS OF PARTICULAR INTEREST
The following is a short list of significant legal findings in the Judgement. Paragraph numbers are included where appropriate.
Nature of the attack: Not a combat operation. Rather, a "well-planned and well-organised killing of civilians." No finding on the international/internal nature of the conflict (as no grave breach charges are involved). Status of the victims: Mostly civilians, off-duty soldiers and some people spontaneously taking arms to defend themselves. As such, Ahmici can be regarded as an undefended village (para. 512). No tu quoque (retaliation) defence available: Even if proven, similar attacks by the Muslim forces on Croats would not justify the attack carried out on Ahmici (paras. 125, 511 and 515ff). Reprisals against civilians are absolutely forbidden in any situation, including with regard to civilians located in the combat zones (para. 527ff). Widespread and indiscriminate attacks are unjustifiable and illegal (para. 513); under certain circumstances collateral damage may also be regarded as illegal: "reasonable care must be taken in attacking military objectives so that civilians are not needlessly injured through carelessness," (para. 524). The protection of civilians indeed represents the cornerstone of humanitarian law. Consequently, with regard to collateral damage, although single attacks might not per se be illegal, their cumulative effect might render them so (para. 526): "in case of repeated attacks, all or most of them falling within the grey area between indisputable legality and unlawfulness, it might be warranted to conclude that the cumulative effect of such acts entails that they may not be in keeping with international law. Indeed, this pattern of military conduct may turn out to jeopardise excessively the lives and assets of civilians, contrary to the demands of humanity." Policy element of crimes against humanity: Crimes against humanity as not necessarily state-sponsored but as organically state-linked (para. 551 and 555). Persecution: the crime of persecution stands on its own and must not be linked to any other crime of the Statute to be punishable (para. 581). No link with State policy required (para. 625). Actus reus (material element) of persecution (para. 615): Persecution can involve a broad range of discriminatory acts, and generally consist of a series of acts rather than a single act which must be considered in total rather than in isolation. Mens rea (mental element) and distinction with the crime of genocide (para.634-6): The mens rea though lower than that applicable to genocide, is of the same nature. "To put it differently, when persecution escalates to the extreme form of willful and deliberate acts designed to destroy a group or part of a group, it can be held that such persecution amounts to genocide." (para. 636) Definition (para. 621 + 627): Persecution is "a gross or blatant denial, on discriminatory grounds, of a fundamental right, laid down in international customary or treaty law, reaching the same level of gravity as the other acts prohibited in Article 5." (para. 627) 8. Purposes of sentencing (para. 848-849): Retribution, deterrence, end to impunity mentality and rehabilitation.
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The full text of the summary is available on the ICTY Internet Homepage, or can be obtained from the Public Information Services in both French and English.
The Judgement itself is only available in English. It is being translated into French and will be released as soon as possible.
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International Criminal Tribunal for the former Yugoslavia
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