Sentences for Five Criminals: Two Life Sentences and 66 Years in Prison

The Appeals Chamber today delivered its judgment in the case of „Popović and others“, which involves five high-ranking officers of the Bosnian Serb army, for crimes committed by members of the Bosnian Serb forces in July 1995, after taking control of the protected areas of Srebrenica and Žepa, reports the Patria news agency.   

The final sentences for the five appellants are as follows.

LIFE IMPRISONMENT: Vujadin Popović and Ljubiša Beara were found guilty of genocide, conspiracy to commit genocide, violations of the laws or customs of war, and crimes against humanity, through participation in a joint criminal enterprise (JCE). The life sentences imposed on them have been upheld.  

35 YEARS: The convictions imposed on Drago Nikolić for aiding and abetting genocide, crimes against humanity, and violations of the laws or customs of war through participation in a joint criminal enterprise have been upheld. His sentence of 35 years in prison has been upheld.

18 YEARS: Radivoje Miletić was found guilty of crimes against humanity and violations of the laws or customs of war through participation in a joint criminal enterprise. The sentence of 19 years in prison imposed on him has been reduced to 18 years in prison.

13 YEARS: Finally, Vinko Pandurević was found guilty of aiding and abetting violations of the laws or customs of war and crimes against humanity. He was also found guilty for failing to prevent the crimes of his subordinates and punish them for them. The sentence of 13 years in prison imposed on him has been upheld. 

EXPLANATION OF THE APPEALS CHAMBER

During the relevant period, the five appellants held high-ranking positions in the Army of Republika Srpska (VRS). Vujadin Popović was the Chief of Security of the Drina Corps, Ljubiša Beara was the Chief of Security of the Main Staff, Drago Nikolić served as the Chief of Security of the Zvornik Brigade of the VRS, Radivoje Miletić was the Chief of the Operations and Training Administration in the Main Staff, and Vinko Pandurević served as the Commander of the Zvornik Brigade.

The Appeals Chamber rejected, unanimously or by majority, most of the appeals filed by the appellants.

With respect to Vujadin Popović and Ljubiša Beara, the Appeals Chamber accepted, with Judge Niang dissenting, their appeal concerning the murder of six Bosnian Muslims in the vicinity of Trnovo committed by members of the paramilitary unit “Škorpioni“. Consequently, the judges quashed the convictions relating to that murder.

The Appeals Chamber also partially accepted, with Judge Niang dissenting, the Prosecution's appeal seeking to have Popović and Beara found guilty of conspiracy to commit genocide. The judges then, with Judge Pocar dissenting, entered convictions for this crime against both appellants.

Regarding Drago Nikolić, the Appeals Chamber, with Judge Niang dissenting, quashed the convictions entered against him for the murder of six Bosnian Muslims in the vicinity of Trnovo.

The Appeals Chamber also quashed the convictions entered against Radivoje Miletić for persecution and inhumane acts (forcible transfer) as crimes against humanity in connection with the forcible transfer of Bosnian Muslim men who crossed the Drina River, fleeing from Žepa. The judges partially accepted his ground of appeal concerning sentencing, accepting that the Trial Chamber erred in law when it considered that his position of authority in the Main Staff of the VRS should be taken as an aggravating circumstance.  

The Appeals Chamber also accepted the Prosecution's ground of appeal relating to “opportunistic” killings in Potočari and, with Judge Pocar dissenting, found Miletić guilty of murder as a violation of the laws or customs of war for those killings.

With respect to Vinko Pandurević, the Appeals Chamber accepted the Prosecution's appeal concerning a series of incidents and entered several new convictions. Pandurević was, accordingly, with Judge Niang dissenting, convicted, either for aiding and abetting or by command responsibility, for multiple counts of murder as a violation of the laws or customs of war, extermination as a crime against humanity, and persecution through murder or cruel and inhumane treatment as a crime against humanity. The Appeals Chamber, with Judge Pocar dissenting, entered new convictions for these crimes. The Appeals Chamber also quashed some convictions entered against Pandurević by the Trial Chamber.  

Rejecting one of Pandurević's objections concerning aiding and abetting, the Appeals Chamber recalled that “specific direction” is not an element of aiding and abetting under customary international law.

Judge Patrick Robinson and Judge Fausto Pocar appended partially dissenting opinions, and Judge Mandiaye Niang appended a separate and dissenting opinion.

The Popović and others case represents the largest case concluded before the International Tribunal to date. The trial proceedings in this case began on 21 August 2006 and concluded on 15 September 2009. The Trial Chamber's judgment was delivered on 10 June 2010. The trial proceedings encompassed seven accused, including Ljubomir Borovčanin, the former Deputy Commander of the Special Police Brigade of the Ministry of Internal Affairs of Republika Srpska. He did not appeal the Trial Chamber's judgment and was transferred to Denmark in 2011 to serve his sentence of 17 years in prison. Following the death of Milan Gvero, the Assistant Commander for Morale, Legal and Religious Affairs of the Main Staff of the VRS, the Appeals Chamber in March 2013 declared his sentence final and terminated the proceedings against him.