Tadic travelled to Nuremberg in August 1993. He later continued his journey to Munich, where he lived until 12 February 1994, when he was arrested by the German police. On 24 April 1995, he was transferred to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague.
At the request of the ICTY Prosecutor, Tadic was transferred to The Hague on 24 April 1995.
In its modified form, the indictment contained 34 crimes within the jurisdiction of the tribunal. When he first appeared before the court on 26 April 1995, the defendant pleaded not guilty on all counts. Three counts were withdrawn during the trial at first instance.
On 7 May 1997, the Trial Chamber II found the defendant guilty on 9 counts, partially guilty on 2 counts and not guilty on the remaining 20 counts.
Dusko Tadic was convicted of:
- violations of the laws or customs of war, pursuant to article 3 of the ICTY Statute (counts 10, 13, 16, 22 and 33 of the indictment) and
- crimes against humanity, pursuant to article 5 of the Statute, committed through _ _ “persecutions” (count 1) and “other inhumane acts” (counts 11, 14, 17, 23 and 34)
Regarding the grave breaches of the Geneva Conventions, however, the Trial Chamber mostly acquitted Tadic. It was found that article 2 of the Statute was inapplicable because it could not be established that the victims had had, at any time during the events described in the indictment, the status of protected persons according to the Geneva Conventions.
The sentences on each count pronounced by the Trial Chamber II on 14 July 1997 ranged from 6 to 20 years.
Both parties appealed against the judgment, with the defence also appealing against the sentencing decision.
On 15 July 1999, the Appeals Chamber found that the victims of the crimes according to the indictment were protected persons based on the applicable provision of the Geneva Convention (IV). The Chamber further established that – contrary to the findings of the Trial Chamber II – it had been proven beyond reasonable doubt that the defendant was guilty of the crimes listed under counts 29, 30 and 31 of the indictment. The Appeals Chamber therefore found the defendant guilty on counts 8, 9, 12, 15, 21, 29, 30, 31 and 32.
The Appeals Chamber deferred sentencing on these additional counts and both parties agreed in favour of a referral to a Trial Chamber to deliver a sentencing decision regarding the additional convictions.
On 11 November 1999, this Trial Chambers pronounced sentences ranging from 6 to 25 years for each of the additional convictions.
Tadic appealed also against this decision.
On 26 January 2000, the Appeals Chamber partially reversed the judgment of 11 November 1999 with regard to counts 29, 30 and 31 of the indictment and sentenced Tadic to 20 years of imprisonment for each of the counts mentioned above.
Tadic’s request for revision was refused on 30 January 2002 and so the trial before the ICTY was thus definitely closed.
Dusko Tadic was transferred to Germany to serve his sentence. According to the Appeals Chamber’s decision of 26 January 2000 he could not under any circumstances be released before 27 July 2007 (mandatory minimum sentence of 10 years).
On 18 July 2008, with more than two thirds of his sentence completed, the ICTY ordered Dusko Tadic's immediate early release. |
