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Miladin Stevanovic

09.06.2012 ( Last modified: 02.06.2016 )
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facts

Miladin Stevanovic was born on 5 August 1966 in the municipality of Srebrenica. He was a special police force member of the 3rd “Skelani” Platoon of the Republika Srpska.

The indictment alleged that, on 12 and 13 July 1995, Miladin Stevanovic and his ten co-accused were deployed along the Bratunac-Milici road between the villages of Kravica and Sandici, in the municipality of Bratunac, which included a section of the road near the Kravica Farming Cooperative warehouse.

According to the indictment, the accused secured and controlled the said road in accordance with a plan to forcibly transfer around 25,000 Bosniak women, children and elderly persons from the protected area of Srebrenica. According to the charges, on 13 July 1995 they conducted security operations in the form of reconnaissance and attacks using tanks and other weaponry against a column of Bosniaks in the area of Kamenica, thereby forcing the Bosniak men to surrender.

On the same day, Miladin Stevanovic and his co-defendants allegedly conducted patrols on the road and set up ambushes to intercept the column of Bosniaks and capture those men trying to reach the territory under the control of the Army of the Republic of Bosnia and Herzegovina (BiH). According to the indictment, the accused detained several thousand captured men in and around Sandici, in the municipality of Bratunac. A number of these men were allegedly handed over to Bosnian Serb army soldiers who put them on trucks and transported them in an unknown direction. As of today, the fate and whereabouts of these men are still unknown.

The remaining men were transported to different locations including the Kravica Farming Cooperative warehouse where more than one thousand Bosniak male prisoners were detained. In the early evening hours, these men were allegedly executed.

The indictment stated that Miladin Stevanovic took part in the massacre by firing his machine gun at the prisoners.

Miladin Stevanovic was arrested in June 2005.

 

legal procedure

Miladin Stevanovic was arrested in June 2005.

Stevanovic and his 10 co-accused were charged with being “conscious participants of a joint criminal enterprise” of genocide between July 10 and 19. He pleaded not guilty to the charge in February 2006.

The trial began on 9 May 2006, before the Bosnian War Crimes Chamber in Sarajevo.

He was tried along with Milos Stupar, Milenko Trifunovic, Branislav Medan, Petar Mitrovic, Aleksandar Radovanovic, Brano Dzinic, Slobodan Jakovljevic, Velibor Maksimovic, Dragisa Zivanovic and Milovan Matic (see “related cases”).
This was the first genocide trial to be held before the Bosnian War Crimes Chamber.

The proceedings ended on 9 July 2008, with the closing arguments taking place between 10 and 18 July 2008.
On 29 July 2008, the Court of BiH handed down its verdicts finding seven of the accused guilty of Genocide. The Court sentenced Milenko Trifunović, Brano Džinić, and Aleksandar Radovanović to 42 years imprisonment and Miloš Stupar, Slobodan Jakovljević, and Branislav Medan to 40 years in prison. Petar Mitrović was sentenced to 38 years imprisonment. Four of the accused, Velibor Maksimović, Dragiša Živanović, Milovan Matić, and Miladin Stevanović, were acquitted of all charges.

On 29 July 2008 Stevanovic was acquitted of all the charges. Acquittal confirmed on appeal on 4 December 2009.

 

context

INTERNATIONAL CRIMINAL TRIBUNAL FOR FORMER YUGOSLAVIA

The conflict in former Yugoslavia from 1991 to 1999, shocked international public opinion because of the abuses revealed by the press, which were committed by all parties to the conflict (massacres, forced displacements of population, concentration camps …). The conflict is considered to consist of several separate conflicts, which were ethnic in nature – the war in Slovenia (1991), the war in Croatia (1991-1995), the war in Bosnia and Herzegovina (1992-1995) and the war Kosovo (1998-1999), which also involved the NATO bombing of Yugoslavia in 1999.

The conflicts accompanied the break-up of Yugoslavia, when the constituent republics declared their independence. The wars mostly ended after peace accords were signed, and new republics were given full international recognition of their statehood.

In order to restore peace and security in the region, the Security Council acting under Chapter VII of UN Charter, created on 25 May 1993, by Resolution 827, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It was determined that pursuant to numerous reports of, among other, mass killings, systematic detention, rapes, practice of “ethnic cleansing”, transfers, etc., these acts constituted a threat to international peace and security, necessitating a reaction by Security Council. As the Tribunal was created during the ongoing conflict, the Security Council expressed its hopes that ICTY would contribute to halting violations in the region. Its headquarters are in The Hague, Netherlands.

The Tribunal has jurisdiction to prosecute persons responsible for serious violations of international humanitarian law – grave breaches of Geneva Conventions, violations of laws and customs of war, genocide and crimes against humanity – allegedly committed in the territory of the former Yugoslavia after 1 January 1991, (no end date was specified). Since its creation, the ICTY has indicted more than 160 people, including heads of states and government members.

The Tribunal’s mandate was originally meant to expire on 31 December 2009, but the Security Council voted unanimously to extend the mandate of the Court with several judges, including permanent judges, so that the ongoing trials can be completed. According to the “ICTY Completion Strategy Report” from 18 May 2011, all trials were supposed to be completed by the end of 2012, and all the appeals by the end of 2015. The exceptions were cases of Radovan Karadzic, Ratko Mladic and Goran Hadzic.

The Security Council adopted resolution 1966 on 22 December 2010, establishing International Residual Mechanism for Criminal Tribunals. The ICTY residual mechanism began functioning on 1 July 2013.

The Tribunal was called to finish its work by the end of 2014, in order to prepare closure and transfer of cases to the Residual Mechanism. The Mechanism is a small and temporary body, which plays important role in ensuring that the completion strategy of ICTY does not result in impunity of fugitives and in injustice. It is conducting all outstanding first instance trials, including those of Karadzic, Mladic and Hadzic. It is also to complete all appeals proceedings that were filed before 1 July 2013.

The ICTY is not the only court with jurisdiction to try alleged perpetrators of serious violations of international humanitarian law committed in the former Yugoslavia. The Tribunal has concurrent jurisdiction with national courts. However, it takes precedence over them and may require the referral from the national court at any stage of the proceedings (Article 9 of the ICTY Statute). The Statute does not elaborate how the primacy is to be exercised, but it was asserted by the judges of the ICTY in the Rules of Procedure and Evidence. The primacy can be asserted in three cases: when an international crime is intentionally or unwittingly prosecuted before national court as an “ordinary criminal offence”, when a national court is unreliable, or when the case is closely related, or may be relevant to other cases being tried by the ICTY.

NATIONAL JURISDICTIONS

National courts also have jurisdiction to prosecute alleged perpetrators of serious violations of international humanitarian law.

In the former Yugoslavia, the trials of those accused of war crimes have been opened by the courts of Bosnia and Herzegovina. The Section for War Crimes was set up in the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina. The Special Chamber for War Crimes has jurisdiction to prosecute the most serious alleged war crimes committed in Bosnia, and was created to relieve the ICTY, so that it can focus on criminals of high rank. Its establishment was also considered necessary for effective war crimes prosecution in Bosnia. The opening of the Special Chamber was on 9 March 2005.

Additionally, pursuant to UN Security Council Resolution 1244 from 10 June 1999, UN administration was created in Kosovo. Consequently, in 2000 “Regulation 64” Panels in Courts of Kosovo were created, which are mixed chambers at the local courts. They have two international judges and one national. These panels work in collaboration with the ICTY. They have jurisdiction over those responsible for genocide, war crimes and crimes against humanity. They focus on prosecuting lower ranking offenders.

In Serbia, the Office of the War Crimes Prosecutor was established on 1 July 2003. It was created to detect and prosecute perpetrators of criminal offenses against humanity and international law, and offences recognised by the ICTY Statute, regardless of the nationality, citizenship, race or religion of the perpetrator and the victim, as long as the acts were committed on the territory of former Yugoslavia after 1 January 1991. Its seat is in Belgrade, Serbia.

Other relevant national jurisdictions are under the principle of universal jurisdiction, which allows states with a specific legal basis, to try perpetrators of serious crimes regardless of their nationality or that of the victims and regardless of where the crime was committed.

 

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