MOMIR NIKOLIC - GUILTY

Momir Nikolic (IT-02-60/1)

Assistant Commander for Security and Intelligence in First Light Infantry Brigade in Bratunac

Born	born on 20 February 1955 in Bratunac, Republic of Bosnia and Herzegovina
----------- Arrest / Surrendered	1 April 2002, apprehended by SFOR
----------- Transferred to ICTY	2 April 2002
----------- Initial Appearance	3 April 2002, pleaded "not guilty" to all counts 7 May 2003: pleaded guilty to Count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity. The remaining charges were withdrawn.
----------- Trial Chamber Sentencing Judgement	2 December 2003, sentenced to 27 years' imprisonment

Pleaded guilty on 7 May 2003 to Count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity.

Trial Chamber Sentencing Judgement: 2 December 2003, sentenced to 27 years' imprisonment.

Charged on the basis of individual criminal responsibility (Article 7(1))

- Genocide
- Crimes against humanity
- Violations of the laws or customs of war

Charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:

- Crimes against humanity

Defence Counsels in the Trial stage: Mr. Veselin Londrovic, Mr. Stefan Kirsch
Defence Counsel in the Appeal stage: Mr. Rock Tansey

The three initial Indictments against Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic (IT-98-33/1, IT-01-43 and IT-01-44) were joined pursuant to an oral Decision of Trial Chamber II at the Status Conference of 15 January 2002. The Joinder Indictment (IT-02-53) and the Indictment against Momir Nikolic (IT-02-56) were joined pursuant to a written Order of Trial Chamber II dated 17 May 2002 as case number IT-02-60. On 9 May 2003, following his guilty plea, Momir Nikolic was assigned case number IT-02-60/1. On 23 May 2003, following his guilty plea, Dragan Obrenovic was assigned case number IT-02-60/2.
(See also the Blagojevic and Jokic (IT-02-60) and Obrenovic (IT-02-60/2)) case information sheets)

The Indictment ("Srebrenica")
Factual allegations:
The Amended Joinder Indictment (hereinafter the Indictment), filed on 27 May 2002, alleges that Momir Nikolic, a teacher by profession, was mobilised into the army on 18 April 1992, when he was stationed at the Headquarters of the Territorial Defence as the Assistant Commander for Intelligence. In July 1995, he was assigned to the VRS Bratunac Brigade where he held the rank of Captain First Class and served as the Assistant Commander for Security and Intelligence.

It is alleged that, in his capacity as Assistant Commander for Security and Intelligence, Momir Nikolic was present in the Bratunac Brigade zone of responsibility from 4 July 1995 to 1 November 1995.

Provisional Release
On 28 March 2002, Trial Chamber II rejected Dragan Jokic’s Request for Provisional Release which he had filed on 10 January 2002. On 18 April 2002, a Bench of the Appeals Chamber granted Dragan Jokic Leave to Appeal the Decision. On 28 May 2002, the Appeals Chamber granted the appeal and ordered that Dragan Jokic be provisionally released. On 11 April 2003, the Trial Chamber terminated Dragan Jokic’s provisional release and ordered that the Accused surrender to the custody of the Tribunal on 29 April 2003 for the commencement of trial proceedings.

Charges:
The Indictment contained six counts charging Momir Nikolic on the basis of his individual criminal responsibility (Article 7(1) of the Statute1 ) with:

One count of genocide (Article 4 of the Statute – genocide or alternatively complicity to commit genocide),
Four counts of crimes against humanity (Article 5 of the Statute – extermination, murder, persecutions on political, racial and religious grounds, inhumane acts (forcible transfer)), and
One count of violations of the laws or customs of war (Article 3 of the Statute – murder).

However, following Momir Nikolic’s decision to plead guilty (see below), the Prosecution withdrew the one count of genocide, three counts of crimes against humanity and the one count of violations of the laws or customs of war. Momir Nikolic was eventually sentenced on one count of persecutions on political, racial and religious grounds (count 5 of the Indictment).

Guilty plea
On 6 May 2003, the Prosecution and the Defence for Momir Nikolic appeared before the Trial Chamber for a hearing on the “Joint Motion for Consideration of Plea Agreements between Momir Nikolic and the Office of the Prosecutor”. The Trial Chamber asked the parties to amend the Plea Agreement and on 7 May 2003, Momir Nikolic pleaded guilty to count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity, according to the amended Plea Agreement. The Prosecution agreed to dismiss without prejudice to either party the remaining charges against Momir Nikolic (see Press Release No.751).

On 9 May 2003, the Trial Chamber separated the proceedings against Momir Nikolic (see case IT-02-60/1).

Sentencing Judgement

On 2 December 2003, the Trial Chamber sentenced Momir Nikolic to 27 years’ imprisonment. (see Judicial Supplement No. 47 and Press Release No. 806).

Trial Chamber I Section A:
Judge Liu Daqun (Presiding), China
Judge Volodymyr Vassylenko, Ukraine
Judge Carmen Maria Argibay, Argentina

Counsel for the Prosecution:
Peter McCloskey
Stefan Waespi
Antoinette Issa
Anne Davis

Counsel for the Defence:
Veselin Londrovic
Stefan Kirsch

Appeal
On 30 December 2003, Momir Nikolic filed his notice of appeal against the Sentencing Judgement. No date has been set yet for the hearing of the appeal.

Appeals Chamber:
Theodor Meron (Presiding), United States
Fausto Pocar, Italy
Mohamed Shahabuddeen, Guyana
Mehmet Güney, Turkey
Inés Mónica Weinberg de Roca, Argentina

Counsel for the Prosecution:
Mr. Norman Farrell

Counsel for the Defence:
Rock Tansey

1. According to Count 6 of the Indictment (forcible transfer), Momir Nikolic was also charged as a superior under Article 7(3). In its Pre-Trial Brief of 8 November 2002 on page 50, the Prosecution submitted that this was done inadvertently when the Indictment was drafted. Accordingly, the Prosecution announced that it intended to withdraw the charge that Momir Nikolic committed Count 6: Inhumane acts (forcible transfer), a crime against humanity, punishable under Article 5(i) and 7(3) of the Statute.

keywords: Momir Nikolic, Vidoje Blagojevic, Dragan Jokic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina