BOSNIAN GENOCIDE: LEGALLY ESTABLISHED CASE OF GENOCIDE
Last updated: August 10, 2010.
Read what the leading scholar of the Holocaust, Dr. Robert Jay Lifton,
thinks about the Bosnian genocide.
thinks about the Bosnian genocide.
LIST OF BOSNIAN GENOCIDE JUDGEMENTS
Photo credits: RON HAVIV, Blood and Honey
DID YOU KNOW?
1. NOVISLAV DJAJIC was FOUND GUILTY for participating in the FOCA GENOCIDE. Foca is a municipality in eastern Bosnia. On 23 May 1997, German court found that acts of genocide were committed in Foca in June 1992. This case was cited in the judgement handed down by the International Criminal Tribunal for the Former Yugoslavia (ICTY) against Radislav Krstic when considering whether the Srebrenica massacre met the United Nations Convention on the Prevention and Punishment of the Crime of Genocide requirement.
2. NIKOLA JORGIC was FOUND GUILTY for participating in the BOSNIAN GENOCIDE. In September 1997, German court sentenced him to four terms of life imprisonment. In 2007, European Court of Human Rights upheld the genocide judgement against Jorgic. This case was also cited in the judgement handed down by the International Criminal Tribunal for the Former Yugoslavia (ICTY) against Radislav Krstic when considering whether the Srebrenica massacre met the United Nations Convention on the Prevention and Punishment of the Crime of Genocide requirement.
3. MAKSIM SOKOLOVIC was FOUND GUILTY for aiding and abetting the BOSNIAN GENOCIDE. On 29 November 1999, German court sentenced him to 9 years in prison.
2. NIKOLA JORGIC was FOUND GUILTY for participating in the BOSNIAN GENOCIDE. In September 1997, German court sentenced him to four terms of life imprisonment. In 2007, European Court of Human Rights upheld the genocide judgement against Jorgic. This case was also cited in the judgement handed down by the International Criminal Tribunal for the Former Yugoslavia (ICTY) against Radislav Krstic when considering whether the Srebrenica massacre met the United Nations Convention on the Prevention and Punishment of the Crime of Genocide requirement.
3. MAKSIM SOKOLOVIC was FOUND GUILTY for aiding and abetting the BOSNIAN GENOCIDE. On 29 November 1999, German court sentenced him to 9 years in prison.
4. DJURADJ KUSLJIC was FOUND GUILTY for his involvement in the BOSNIAN GENOCIDE. On December 15 1999, German court sentenced Kusljic to life in prison for genocide in conjunction with six counts of murder and illegal possession of a firearm.
5. RADISLAV KRSTIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the International Criminal Tribunal for the Former Yugoslavia (ICTY) on August 2, 2001. He was sentenced to 46 years in prison. On appeal, he was convicted as an aider and abetter to genocide and sentenced to 35 years in prison.
6. VIDOJE BLAGOJEVIC was FOUND GUILTY for his complicity in the SREBRENICA GENOCIDE by the International Criminal Tribunal for the Former Yugoslavia (ICTY) in January 2005. He was sentenced to 18 years in prison. Four months later, his conviction for complicity in the genocide was OVERTURNED. He was sentenced to 15 years in prison for other crimes.
7. MILOS STUPAR was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges) in July 2008. He was sentence to 40 years in prison. He was later ACQUITTED.
8. MILENKO TRIFUNOVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges) in July 2008. He was sentenced to 42 years in prison.
9. BRANO DZINIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 42 years in prison in July 2008.
10. SLOBODAN JAKOVLJEVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 40 years in prison in July 2008.
11. BRANISLAV MEDAN was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 40 years in prison in July 2008.
12. PETAR MITROVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 38 years in prison in July 2008.
13. ALEKSANDAR RADOVANOVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 42 years in prison in July 2008.
5. RADISLAV KRSTIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the International Criminal Tribunal for the Former Yugoslavia (ICTY) on August 2, 2001. He was sentenced to 46 years in prison. On appeal, he was convicted as an aider and abetter to genocide and sentenced to 35 years in prison.
6. VIDOJE BLAGOJEVIC was FOUND GUILTY for his complicity in the SREBRENICA GENOCIDE by the International Criminal Tribunal for the Former Yugoslavia (ICTY) in January 2005. He was sentenced to 18 years in prison. Four months later, his conviction for complicity in the genocide was OVERTURNED. He was sentenced to 15 years in prison for other crimes.
7. MILOS STUPAR was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges) in July 2008. He was sentence to 40 years in prison. He was later ACQUITTED.
8. MILENKO TRIFUNOVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges) in July 2008. He was sentenced to 42 years in prison.
9. BRANO DZINIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 42 years in prison in July 2008.
10. SLOBODAN JAKOVLJEVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 40 years in prison in July 2008.
11. BRANISLAV MEDAN was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 40 years in prison in July 2008.
12. PETAR MITROVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 38 years in prison in July 2008.
13. ALEKSANDAR RADOVANOVIC was FOUND GUILTY for his involvement in the SREBRENICA GENOCIDE by the Court of Bosnia-Herzegovina (in front of the international judges). He was sentenced to 42 years in prison in July 2008.
14. The Trial Chamber found in the MOMCILO KRAJISNIK case that although the crimes that took place "constituted the actus reus of genocide", the evidence "does not show that the crime of genocide formed part of the common objective of the joint criminal enterprise in which Mr Krajišnik is shown on the evidence to have participated, nor that Mr Krajišnik had the specific intent necessary for genocide." Thus far, the judgement stated that the Bosnian Genocide did took place, but that Mr. Krajisnik - as an individual - did not have intent to commit it.
15. SERBIA was FOUND GUILTY by the International Court of Justice for not taking "measures within its power to prevent genocide in Srebrenica." However, because the case dealt "exclusively with genocide in a limited legal sense and not in the broader sense sometimes given to this term", Serbia was found NOT GUILTY for the direct involvement in the genocide and the court did not hand down a judgement in the favor of the Bosnian Genocide. Other reason why Serbia was not found directly liable for the genocide may lay in the fact that "Serbia's Darkest Pages [were] Hidden from Genocide Court."
16. Default Judgement against RADOVAN KARADZIC amounting to $745 million was entered in 2000 by the United States District Court for the Southern District of New York. Bosniak and Croat victims filed a lawsuit against Karadzic in 1994. The court of appeals ruled that "Karadžić may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process." Karadzic actively participated in the defence of Doe v. Karadžić and Kadić v. Karadžić until he went into hiding in late 90s. Now he stands trial at the ICTY in relation to the Bosnian Genocide (including the municipality of Srebrenica), and other crimes against humanity.
15. SERBIA was FOUND GUILTY by the International Court of Justice for not taking "measures within its power to prevent genocide in Srebrenica." However, because the case dealt "exclusively with genocide in a limited legal sense and not in the broader sense sometimes given to this term", Serbia was found NOT GUILTY for the direct involvement in the genocide and the court did not hand down a judgement in the favor of the Bosnian Genocide. Other reason why Serbia was not found directly liable for the genocide may lay in the fact that "Serbia's Darkest Pages [were] Hidden from Genocide Court."
16. Default Judgement against RADOVAN KARADZIC amounting to $745 million was entered in 2000 by the United States District Court for the Southern District of New York. Bosniak and Croat victims filed a lawsuit against Karadzic in 1994. The court of appeals ruled that "Karadžić may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process." Karadzic actively participated in the defence of Doe v. Karadžić and Kadić v. Karadžić until he went into hiding in late 90s. Now he stands trial at the ICTY in relation to the Bosnian Genocide (including the municipality of Srebrenica), and other crimes against humanity.
17. UNITED STATES SENATE RESOLUTION S. RES. 134 recognized the BOSNIAN GENOCIDE on 22 June 2005. "The policies of aggression and ethnic cleansing as implemented by Serb forces in Bosnia and Herzegovina from 1992 to 1995 meet the terms defining the crime of genocide in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, done at Paris December 9, 1948, and entered into force January 12, 1951."
18. UNITED STATES CONGRESS recognized BOSNIAN GENOCIDE on 27 June 2005, during the 109th Congress. The United States House of Representatives passed a resolution (H. Res. 199 sponsored by Congressman Christopher Smith with 39 cosponsors) with an overwhelming majority of 370 - YES votes, 1 - NO vote, and 62 - ABSENT.
18. UNITED STATES CONGRESS recognized BOSNIAN GENOCIDE on 27 June 2005, during the 109th Congress. The United States House of Representatives passed a resolution (H. Res. 199 sponsored by Congressman Christopher Smith with 39 cosponsors) with an overwhelming majority of 370 - YES votes, 1 - NO vote, and 62 - ABSENT.
19. STATE OF MICHIGAN HOUSE OF REPRESENTATIVES recognized the SREBRENICA GENOCIDE in a House Resolution No. 111 on July 11, 2009.
20. BOROUGH OF HIGHLAND PARK RESOLUTION acknowledged the US Congress Resolution (H. Res. 199) and recognized the BOSNIAN GENOCIDE and SREBRENICA GENOCIDE on July 7 2009.
21. MILORAD TRBIC was FOUND GUILTY for the Srebrenica genocide on October 16 2009 and sentenced to 30 years in jail by the Court of Bosnia-Herzegovina.
22. RADOMIR VUKOVIC was FOUND GUILTY for the Srebrenica genocide on 22 April 2010 and sentenced to 31 years in jail by the Court of Bosnia-Herzegovina.
23. ZORAN TOMIC was found guilty of the Srebrenica genocide on 22 April 2010 and sentenced to 31 years in jail by the Court of Bosnia-Herzegovina.
24. VUJADIN POPOVIC was FOUND GUILTY for the Srebrenica genocide on 10 June 2010 and sentenced to life imprisonment by the International Criminal Tribunal for the Former Yugoslavia (ICTY).
25. LJUBISA BEARA was was FOUND GUILTY for the Srebrenica genocide on 10 June 2010 and sentenced to life imprisonment by the International Criminal Tribunal for the Former Yugoslavia (ICTY).
26. DRAGO NIKOLIC was FOUND GUILTY for aiding and abetting Srebrenica genocide on 10 June 2010 and sentenced to life imprisonment by the International Criminal Tribunal for the Former Yugoslavia (ICTY).
GENOCIDE TRIALS CONTINUE:
1. RADOVAN KARADZIC is in custody of the ICTY awaiting his genocide trial in relation to the Bosnian Genocide and Srebrenica Genocide.
2. ZDRAVKO TOLIMIR (aka: 'Chemical Tolimir') is in custody of the ICTY awaiting his genocide trial. He requested Bosniak refugee columns from Zepa/Srebrenica to be gassed with chemical weapons (see Prosecutor's statement).
3. UN AND THE STATE OF THE NETHERLANDS are accused of breaching their obligation to prevent genocide in Srebrenica. The case is still ongoing. The Plantif in this case: Mothers of the Enclaves of Srebrenica and Žepa.
4. DUSKO JEVIC, aka Staljin, born on June 21, 1957 in the municipality of Bosanski Petrovac, residing in Bijeljina, a citizen of BiH, on Genocide Trial in Bosnia-Herzegovina.
5. MENDELJEV DJURIC, aka Mane, born on October 15, 1960 in Olovo, residing in Bijeljina, a citizen of Bosnia, on Genocide Trial in Bosnia-Herzegovina.
6. GORAN MARKOVIC, born on November 8, 1964 in Sarajevo, residing in Bijeljina, a citizen of BiH, on Genocide Trial in Bosnia-Herzegovina.
7. NEDJO IKONIC, extradited from the United States to Bosnia to face Genocide Trial.
8. FRANC KOS, extradited from Croatia to Bosnia-Herzegovina to face Genocide Trial.
9. STANKO KOJIC charged with Genocide by the Court of Bosnia-Herzegovina.
10. VLASTIMIR GOLIJANIN charged with Genocide by the Court of Bosnia-Herzegovina.
11. ZORAN GORONJA charged with Genocide by the Court of Bosnia-Herzegovina.
*Note: Earlier case that involved different plaintiffs, namely Hasan Nuhanovic and Rizo Mustafic, was dismissed and the plaintiffs have indicated they would appeal.
MANY AVOIDED GENOCIDE CONVICTION:
Many suspects that took part in the genocide accepted PLEA BARGAINS to avoid genocide conviction. For example, BILJANA PLAVSIC was charged on two counts of genocide by the ICTY. On 16 December 2002, she accepted a plea bargain with the ICTY to enter a guilty plea to only one count of crimes against humanity.
Some genocide suspects died before they could be convicted of genocide. For example, SLOBODAN MILOSEVIC was charged with 66 counts of genocide and crimes against humanity. He died on 11 March 2006 during his trial.
RATKO MLADIC, former Bosnian Serb General, is still at large. He was charged with genocide by the ICTY.
MARKO BOSKIC signed a plea agreement (on 19 July 2010) and received only a 10 year sentence for "Crimes Against Humanity", thus far avoiding being indicted for genocide. He admitted killing hundreds of unarmed Bosniak men and underage boys.
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