Momir Talic was born on 15 July 1942 in Piskavica in Bosnia and Herzegovina. He joined the Yugoslav Peoples Army (JNA) on 25 July 1961 as a professional military officer with a specialisation in armoured-mechanised units.
According to the indictment, Momir Talic was posted to the JNA 5th Corps in Banja Luka on 26 July 1991 as Chief of Staff/Deputy Commander of the Corps. On 19 March 1992, Momir Talic became the Commander of the JNA 5th Corps/1st Krajina Corps, with the authority to direct and control the actions of all forces assigned to the JNA 5th Corps/1st Krajina Corps or under its control. All plans for military engagement and attack had to be approved by him before any forces were committed to battle or other operations.
According to the Indictment, Momir Talic was also a member of the crisis cell of the Autonomous Region of Krajina (“ARK”). Together with Radoslav Brdjanin he implemented the policy of incorporating the “ARK” into a Serb State. The implementation of that policy required the permanent removal of the Bosnian Muslim and Bosnian Croat people, and the destruction of their culture in those municipalities where they had lived for centuries.
Momir Talic was arrested in Austria on 25 August 1999 and was transferred on the same day to the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.
Momir Talic was arrested 25 August 1999 in Austria and transferred to ICTY on the same day.
He had previously been indicted on 14 March 1999 by the ICTY Prosecutor.
During his initial appearance on 31 August 1999, he pleaded not guilty to all counts of the indictment.
After the indictment had been modified, he again pleaded not guilty to all counts on 11 January 2000.
Momir Talic was charged on the basis of individual criminal responsibility (Article 7(1) ICTY Statute) and superior criminal responsibility (Article 7(3) ICTY Statute) with:
– Genocide (Article 4 ICTY Statute: genocide; complicity in genocide),
– Crimes against humanity (Article 5 ICTY Statute: persecutions; extermination; torture; deportation; inhumane acts (forcible transfer)),
– Violations of the laws or customs of war (Article 3 ICTY Statute: wanton destruction of cities, towns or villages or devastation not justified by military necessity; destruction or wilful damage done to institutions dedicated to religion),
– Grave breaches of the 1949 Geneva Conventions (Article 2 ICTY Statute: wilful killing; torture; unlawful and wanton extensive destruction and appropriation of property not justified by military necessity).
The trial of Momir Talic and Radoslav Brdjanin commenced on 23 January 2002.
Momir Talic was provisionally released because of health reasons on 20 September 2002 and the case was separated on the same date.
Momir Talic died in Belgrade on 28 May 2003
The Trial Chamber thus terminated proceedings against him on 12 June 2003.
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 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.