Complementarity: Contest or Collaboration? - FICHL

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Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes three others), the Banski Kovaĉevac case (with the accused Bulat and Vranešević), the Lovas case (with accused Devetak and 12 others), the Stara Gradiška case (with Španović), the Gnjilane group case (with Fazlija and 16 others) and the Orahovac group case (with Sinan Morina). In Croatia 1,428 persons had been accused of crimes involving violations of international humanitarian law of whom 611 had been convicted between 1991 and 2006, a large number in absentia. 69 General Branimir Glavaš and six other defendants were indicted on 16 April 2007 for the commission of war crimes in Osijek in 1991 while a second indictment was issued on 9 May 2007. The trial started on 15 October 2007 and was adjourned until the end of September 2008. 70 The ICTY has transferred two persons to Croatia, namely generals Ademi and Norac 71 whose trial started in 2007; Norac was sentenced to seven years imprisonment on 30 May 2008, while Ademi was acquitted of all charges the same day. Croatia has also charged one person who had been acquitted by the ICTY, Miroslav Radić, in November 2007. Fifteen more persons were charged in January 72 and June 2008 while on 9 June 2008, a former Serb police commander, Mitar Arambašić, was sentenced to 20 years imprisonment for atrocities committed during Croatia‟s war of independence. On 5 September Ibrahim Jusić (43) and Zlatko Jusić (59), two Muslims who hold dual Bosnian and Croatian citizenship, were charged with having set up concentration camps and taken part in torturing and raping detainees in the Autonomous Province of Western Bosnia from 1993 to 1995. On 3 October 2008, the Rijeka County Court sentenced Ţeljko Šuput and Milan Panić of Korenica to four and 3.5 years of imprisonment for war crimes. The two men were charged with war crimes committed in 1991 against two police officers and a member of the Civil Defence in the then occupied town of Korenica. On 12 October, charges were laid 69 See the website of the Centre for Peace, Nonviolence and Human Rights, Osijek, at http://original.centar-za-mir.hr/sudenjeeng.html, specifically its 2006 Report, page 6, which can be found at (http://original.centar-za-mir.hr/pdf/ Summary Annual report 2006.pdf), as well as the International Justice Tribune (IJT), Issue 76, 22 October, pages 3-4 and the OCSE website at http://www.osce.org/zagreb/29857.html. 70 See http://www.trial-ch.org/en/trial-watch/profile/db/facts/branimir_glavas_572.html. 71 See http://www.un.org/icty/ademi/trialc/decision-e/050914.htm. 72 See the 2007 Annual Report of the Humanitarian Law Centre at http://www.hlcrdc.org/uploads/editor/Godisnji_izvestaj_engleski.pdf, pages 44-48. FICHL Publication Series No. 7 (2010) – page 30
Fewer Places to Hide? The Impact of Domestic War Crimes Prosecutions on International Impunity against Boţidar Vuĉurović for expulsions of Croats, annexation of Croatian territory, and of planning, encouraging, ordering and in other ways helping the implementation of the so-called Greater Serbia idea. On 18 October, Ivan Husnjak (57) and retired Goran Sokol (40) were charged with war crimes against civilians for having failed to prevent illegal activities which occurred on 1 February 1992, during an armed conflict between Croatia‟s armed forces and police on one side and rebel Serb military and paramilitary units and the former Yugoslav People‟s Army (JNA) on the other. On 17 December the Sisak County Court War Crimes Council sentenced Rade Miljević, to 12 years of imprisonment for war crimes against civilians in Glina in September 1991, when Croatian soldiers and civilians Milan and Borislav Litrić, Janko Kaurić and Ante Ţuţić were killed. The court had earlier sentenced Miljević for the same crime to 14 years imprisonment, but the Supreme Court quashed the sentence and demanded a retrial. On 8 January 2009, five former military policemen were charged for the wartime murder and torture of ethnic Serb prisoners in the notorious Lora military prison in Split between March and August 1992. Two of the suspects, Tomislav Duić and Emilio Bungur, are at large. The five are among eight men already convicted by a Split court in 2006 for jail terms of up to eight years for the wartime murder and torture of Serb civilians also in the Lora prison. On 5 February 2009, the Vukovar County Court found 12 defendants guilty of war crimes against civilians and acquitted another two defendants of atrocities committed in the eastern Croatian village of Mikluševci in 1991 and 1992. According to the indictment, from October 1991 to 18 May 1992, after the Yugoslav People‟s Army (JNA) and Serb paramilitaries occupied the village, the occupation authorities tried to ethnically cleanse the village of non-Serbs. For that purpose, the authorities, including the defendants, intimidated non-Serb, threw bombs into their houses, tortured and killed them, and on 18 May 1992 they forced 92 non-Serbs to leave the village. The court sentenced two defendants to 15 years in jail, six defendants to six years, two defendants to four years and six months, and another two to four years each. On 5 May 2009, Croatia‟s Supreme Court found former special forces policeman Mihajlo Hrastov guilty of killing and wounding unarmed prisoners of war in the early months of Croatia‟s war of independ- FICHL Publication Series No. 7 (2010) – page 31
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Complementarity and the Exercise of
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3.1. Introduction 3 ______ Compleme
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Complementarity: Contest or Collabo
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