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| |  | | Milorad Trbic | | | context : | Former Yugoslavia  | | judgement place : | Bosnia Herzegovina | | status : | Sentenced | | particulars : | Voluntary surrendered on 7 April 2005 to the ICTY; sentenced to 30 years imprisonment on 16 October 2009 | | position : | Reserve Captain in the security organ of the Zvornik Brigade |
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| | | | On September 21, 2005, following a request by the Prosecutor, the judges of the International criminal tribunal for the former Yugoslavia (ICTY) accepted to join the nine cases linked to Srebrenica’s massacre. The nine accused – Ljubisa Beara, Ljubomir Borovcanin, Milan Gvero, Radivoje Miletic, Drago Nikolic, Vinko Pandurevic, Vujadin Popovic, Zdravko Tolimir and Milorad Trbic – were all either senior officers in the Bosnian Serb army, the VRS, or the special police force.
This trial has been, at least in terms of numbers, the most important of the ICTY.
All the accused except Zdravko Tolimir surrendered voluntarily in Serbia in the early 2005.
Eight were high-ranking officers in the VRS, while Borovcanin was a deputy commander of the Special Police Brigade.
They all face charges in relation to what the prosecution calls two interrelated, joint criminal enterprises: one to “force the Muslim population from the [UN safe zones] Srebrenica and Zepa enclaves” and the second “to murder all the able-bodied men captured from the Srebrenica enclave”.
At least 8’000 Muslim men and boys were killed in Srebrenica.
Nine of the accused were charged with murder as a crime against humanity; eight with murder as a war crime and persecution; five were charged with genocide and/or complicity in or conspiracy to commit genocide; and five with extermination. All are charged in relation to their own criminal responsibility, and two - Borovcanin and Pandurevic - face allegations relating to their command responsibility.
In a tightly argued decision, which included a separate, but not dissenting, opinion from the presiding judge himself, the judges say that the charges the men face relate to “acts carried out by the same people, against the same people, during one period of time and in the same area, and this is all that is required” to allow a single trial.
Under the tribunal’s own rules, the judges also had to consider whether having a joint trial would avoid duplication of evidence, “promote judicial economy”, minimise hardship of victims and witnesses and ensure consistency of verdicts.
The judges also considered whether a joint trial would adversely affect the rights of one of the accused. They decided that there was “no concrete risk of prejudice” because the evidence that would be heard in a joint trial would be the same as if it were a single trial. | |    | |  |  | | nationality : | | | Bosnia and herzegovina | | | date of birth : | | | 22.02.1958 | | | last time seen : | | | Sarajevo (Bosnia and Herzegovina) | | | period of charges : | | | 07.1995 - 07.1995 | | | judgement period : | | | 08.11.2007 - 16.10.2009 | | | charges : | | | Crimes against humanity
Genocide
War crimes | | | profile last modified : | | | 21.02.2010 |
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