Milic Martinovic

09.01.2013 ( Last modified: 09.06.2016 )
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facts

Milic Martinovic, an ethnic Serb, was born around 1977 in the town of Pec, in the Kosovo Autonomous Province of the former Yugoslavia. There is no information about his childhood and adolescence available. He is married and has two children and was until his arrest residing in Gothenburg, Sweden.

According to the Swedish Immigration Service, Martinovic admitted his participation in the war in Kosovo and was seeking asylum in Sweden in April 2007, but his application was rejected in November 2009. He appealed the decision.

According to the present allegations, Martinovic participated in expulsion of ethnic Albanians in the suburbs Kapesnica and Zatra on 25 and 26 March 1999.

According to the present allegations, Martinovic participated in expulsion of ethnic Albanians in the suburbs Kapesnica and Zatra on 25 and 26 March 1999. Moreover, Martinovic allegedly was a member of the serb paramilitary group called “the Jackals”. This group participated in the ethnic cleansing of Albanian people in the city of Pec and the village of Cuska, in the West of Kosovo, on 14 May 1999. Martinovic allegedly kept watch while his colleagues killed civilians. He allegedly forced civilians to give him gold and precious objects by threatening them with his gun and shooting on the ground. They allegedly burnt houses and mistreated civilians. Forty-one people died in the massacre of Cuska. The prosecutor did not say if Martinovic had directly participated in the killings but said that “by his presence on the place of the facts, armed and in uniform, he participated in the maintenance of the violent atmosphere necessary for committing the massacre”.

Allegedly, Martinovic was a also member of Serb paramilitary group “Jackals” that participated in the ethnic cleansing of Albanians in the town of Pec and the village of Cuska in Western Kosovo in May 1999. In the Cuska massacre there 41 people were killed. Among the Serb perpetrators were Srecko Popovic and Nebojsa Minic.

On 9 April 2010 Martinovic was arrested in Gothenburg and brought before the Stockholm District Court on suspicion of crimes against humanity with aggravating circumstances, murder, attempted murder and aggravated arson for his participation in the Cuska massacre. He denied the charges.

legal procedure

 

On 9 April 2010 Martinovic was arrested in Gothenburg and brought before the Stockholm District Court on suspicion of crimes against humanity with aggravating circumstances, murder, attempted murder and aggravated arson for his participation in the Cuska massacre. He denied the charges.

On 20 January 2012, Milic Martinovic was sentenced to life imprisonment by the District Court of Stockholm (Sweden). He was found guilty of crimes against humanity, inhumane treatment, murder, attempted murder, kidnapping, looting and arson against civilians. The ruling includes compensation for damages to 10 of the 14 applicants, for a total of SEK1,600,000 (180,000 euros). The legal counsel of Martinovic said it would appeal the decision.

On 19 December 2012, the Court of Appeal overturned the first instance verdict and acquitted him of all charges finding there was no proof he was involved in the massacre.

The Court indicated that : “the appeals court finds that there are doubts and risks regarding the identifications” and that “none of the villagers knew this person, and the identifications were made several years after the events”.

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.