Mrkšić transferred to Portugal to serve sentence

On August 16, 2012, Mile Mrkšić, who was previously sentenced to twenty years’ imprisonment by the International Criminal Tribunal for the former Yugoslavia (ICTY), was transferred to Portugal to serve his sentence for crimes against non-Serb prisoners of war. 

Mrkšić is a former colonel of the Yugoslav People’s Army (JNA) and was commander of the Guards Motorized Brigade and Operation Group South.  He oversaw all Serb forces in the area in which the offenses occurred, including JNA, Territorial Defence (TO), and paramilitary forces. 

Background

Mrkšić was sentenced on September 27, 2007, for aiding and abetting murder, torture, and cruel treatment of prisoners, as well as inhumane conditions at the hangar of Ovčara. 

The Chamber found that, in accordance with orders from Mrkšić, the JNA loaded approximately 260 non-Serbs from Vukovar hospital on buses and transported them to JNA barracks, then to a hangar at Ovčara. There, the prisoners were subjected to severe beatings. 

The Trial Chamber found that Mrkšić withdrew JNA troops and left the prisoners with the TO and paramilitary members, who killed at least 194 of the prisoners and buried them in a mass grave.  The Chamber concluded that, by withdrawing the JNA officers and soldiers who were guarding prisoners of war, Mrkšić rendered substantial assistance to the Territorial Defense (TO) and paramilitary troops, who were then able to commit numerous murders.  The Trial Chamber concluded that Mrkšić knew that the Serb TO and paramilitary troops felt intense animosity toward Croat forces.  Mrkšić was aware of the treatment of the prisoners, and he had been informed that prisoners had been executed by TO and paramilitary personnel on the previous day.  By ordering withdrawal of the JNA military police who were guarding the prisoners when he knew of the high risk that TO and paramilitary forces would subject the prisoners to serious violence and death, Mrkšić aided and abetted the offenses of murder committed as a consequence of his withdrawal order.  Thus, Mrkšić was responsible under 7(1) of the Statute for aiding and abetting murder. 

Mrkšić took no steps to reinforce the guards at Ovčara or improve measures to prevent violence against prisoners at the hands of the TO and paramilitary forces despite knowing of severe mistreatment.  By failing to act, he gave practical assistance and encouragement to those who sought revenge on the prisoners.  The Chamber further found that JNA forces under Mrkšić’s command established inhumane conditions of detention.  Therefore, Mrkšić was responsible under Article 7(1) of the Statute for aiding and abetting torture and cruel treatment.

Sentences of those convicted by the ICTY are served outside the Netherlands in States that have signed an agreement on the enforcement of sentences with the ICTY.  Mrkšić is the first person to be transferred to Portugal. 

Mladic Trial Resumes After Summer Recess

The trial of Ratko Mladic resumed on August 21, 2012, following the ICTY summer recess.  The Court heard testimony from Aernout Van Lynden, a journalist who covered the war in Bosnia and Herzegovina.  Van Lynden spent time in Sarajevo and Pale during the war and met with both Mladic and Radovan Karadzic. 

Prior to the recess, testimony was heard from the following witnesses: Elvedin Pašić, who fled from his village after it was attacked by Bosnian Serb forces and was detained by Bosnian Serb soldiers; David Harland, a UN employee stationed in Bosnia and Herzegovina at the relevant time; Christina Schmitz, a nurse who worked for Doctors Without Borders in Srebrenica; Joseph Kingori, a UN military observer deployed to Srebrenica in 1995; a protected witness known as RM255, who was a survivor of the executions at the Branjevo Military Farm; and Eelco Koster, who was an officer of the Dutch Batallion stationed at Potočari .

Former Republika Srpska Leader Acquitted on Genocide Charge; Trial Will Continue as to Remaining Charges

A trial chamber of the International Criminal Tribunal for the Former Yugoslavia dismissed Radovan Karadzic's oral motion for acquittal as to ten counts of the indictment but granted his motion as to the first count, which charged Karadzic with genocide for crimes committed March-December 1992 in certain municipalities in Bosnia and Herzegovina.

The ruling was delivered pursuant to Rule 98 bis, which provides:

"At the close of the Prosecutor’s case, the Trial Chamber shall, by oral decision and after hearing the oral submissions of the parties, enter a judgement of acquittal on any count if there is no evidence capable of supporting a conviction."

The Prosecution charged Karadzic, former President of Republika Srpska and Supreme Commander of its forces, with genocide, crimes against humanity, and violations of the laws or customs of war committed in Bosnia and Herzegovina between 1992 and 1995. 

Count one charged Karadzic with genocide for crimes committed between March 31 and December 31, 1992, against Bosnian Muslims and Bosnian Croats in certain municipalities in Bosnia and Herzegovina.

The Chamber reviewed the evidence regarding the killing of, serious bodily harm to, forcible displacement of, and conditions of life inflicted on Bosnian Muslims and/or Bosnian Croats in the relevant municipalities and found that, the evidence, even if taken in the most favorable light, does not reach the level from which a reasonable trier of fact could infer that genocide occurred.  The definition of the term genocide, found in Article 4 of the Updated Statute of the International Criminal Tribunal for the Former Yugoslavia (2009), requires that specified acts be committed with the "intent to destroy, in whole or in part, a national, ethnical, racial or religious group...."  Although the Chamber had heard evidence of acts systematically committed against Bosnian Muslims and/or Bosnian Croats, the nature, scale, and context of the acts did not rise to the level from which a reasonable trier of fact could infer that they were committed with genocidal intent. 

The Chamber dismissed Karadzic's request for acquittal as to the remaining ten counts of the indictment.
 
Karadzic was first indicted on July 25, 1995.  Despite the issuance of an arrest warrant in 1995 , Karadzic was not arrested until 2008.  The trial began on October 26, 2009. 

The Defense case is scheduled to commence on October 16, 2012.