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Last updated:
Dec.19.2003.
Language
options: bosnian
/ english
Aug. 03. 2001.
On August 2, 2001, the International Criminal Tribunal for the former Yugoslavia
delivered its first genocide conviction, for crimes committed in the wake of the
1995 capture of Srebrenica by the Bosnian Serb Army. Finding that through his
leadership role in the Srebrenica operation Drina Corps General Radislav Krstic
"agreed to evil," the Tribunal sentenced Krstic to 46 years'
imprisonment.
More than 8,000 Bosniak (Bosnian Muslim) men and boys were killed during the
Srebrenica operation, the biggest single atrocity committed during the 1992-1995
war in Bosnia-Herzegovina. In addition to genocide, General Krstic was also
found guilty of persecution-for murders, cruel and inhumane treatment,
terrorizing the civilian population, forcible transfer and destruction of
personal property of Bosniak civilians.
The ruling means the massacre has been recognised as the first genocide in Europe since the persecution of Jews during World War II.
The UN war crimes tribunal has found a former Bosnian Serb general guilty
of genocide for his role in the 1995 murder of over 8,000 Bosniak men and boys in Srebrenica.
Radislav Krstic was sentenced to 46 years in prison, but spared the eight
life sentences demanded by prosecutors.
It was the court's first conviction for
genocide - the most serious of war crimes - in connection with the Bosnia war,
and the toughest sentence it has passed so far.
The massacre in the Bosniak enclave of Srebrenica - a
designated UN safe haven - is regarded as Europe's worst atrocity since World
War II.
"In July 1995 General Krstic, individually you agreed to evil. And this
is why today this trial chamber convicts you and sentences you to 46 years in
prison," said Judge Almiro Rodrigues.
Jim Landale, spokesman for the international tribunal, said the verdict
"shows the victims of the Srebrenica massacre that the international
community has not forgotten about them".
But some relatives of Srebrenica victims reacted with anger to the sentence,
describing it as too lenient.
"Let him go and come back among us. We will give him a verdict,"
said Behara Hasanovic. "For 10,000 of our sons, only 46 years! His people
have ripped my son from my arms."
Krstic, 53, is the first senior official linked with the massacre to be tried
by the International Criminal Tribunal for the former Yugoslavia (ICTY) in The
Hague.
He was second-in-command of the Bosnian Serb army's Drina corps, which
spearheaded the attack on Srebrenica, an area that was officially under the
protection of UN troops.
He looked tense and shocked as Judge Rodrigues read out the verdict.
His lawyer, Nenad Petrusic told reporters after the ruling that Mr Krstic
would appeal against both the verdict and the sentence.
The general was seized by Nato troops in 1998. He pleaded not guilty to all
of the charges.
In the five days after Bosnian Serb forces overran Srebrenica at least 8,000
Bosniak men and boys are thought to have been killed.
In a judgement that followed the 16-month trial - during which 116 witnesses
were heard - the panel of judges found that Krstic was aware of and involved in
the plans to kill them.
He was also implicated in the execution of the plans, and in attempting to
hide the evidence afterwards, through the burial of the victims in mass graves.
In a long list of evidence, the tribunal cited orders given to General Krstic
to deal with what were described as 3,500 "packages" - the remains of
some of the victims.
The prosecution had asked for consecutive life sentences on each of the eight
charges that included genocide, war crimes and crimes against humanity.
During his trial, Krstic said he was acting on the orders of other generals.
They include Ratko Mladic who, along with wartime leader Radovan Karadzic,
has been indicted for genocide for his part in the massacre.
Both men remain at large and are the court's most wanted fugitives following
the extradition of former Yugoslav President Slobodan Milosevic to The Hague in
June.
The BBC's Gabriel Partos says one reason for the 46-year sentence may be that
judges want to keep life imprisonment - the tribunal's severest punishment - for
those considered ultimately most responsible.
AMNESTY INTERNATIONAL NEWS RELEASE
RADISLAV KRSTIC FOUND GUILTY OF GENOCIDE
AI Index EUR 63/010/2001 - News Service Nr. 135
Publish date: 02/08/2001
Amnesty International welcomes today's verdict by the International Criminal Tribunal for the former Yugoslavia (ICTY) which finds General Radislav Krstic guilty of genocide committed after the fall of Srebrenica. He was sentenced to 46 years' imprisonment, the longest sentence so far handed down by the Tribunal.
"The verdict represents a significant contribution in achieving justice for the thousands of victims of summary executions in Srebrenica and their relatives," Amnesty International said.
This verdict - the first handed down by the Tribunal for genocide - also recognizes the magnitude of the systematic violations of international humanitarian law perpetrated by the Bosnian Serbs against largely unarmed Bosniak soldiers and civilians.
In particular the presiding judge acknowledged the serious mental harm done to the relatives of those who were killed at Srebrenica, describing them as living "amputated lives," six years after the massacre.
"Although this verdict is legally significant, the judicial process should also contribute to ending the continued impunity that obstructs the return of those who were expelled from Srebrenica," added the organization. "The responsible authorities should arrest both those who actually pulled the trigger, as well as those responsible for planning and ordering the massacre at Srebrenica at a higher military and political level."
The organization notes that although hundreds of soldiers participated in the murders of those at Srebrenica, only two of those responsible have so far been brought to justice for their crimes by the Tribunal. No trials for Srebrenica have taken place in Bosnian courts.
Amnesty International calls on the government of Republika Srpska to take responsibility for carrying out the arrest and transfer to the Tribunal of all indicted suspects who have remained at large in the entity since the end of the war in Bosnia-Herzegovina.
The organization also urged the Stabilization Force (SFOR) to adopt a more aggressive arrest strategy. "Only one suspect has been arrested by SFOR so far this year. We have repeatedly called on the NATO-led Implementation Force (IFOR) and its successor, SFOR, to comply with their duty under international law and the Dayton Peace Agreement to seek out and arrest those indicted by the Tribunal," the organization emphasized.
Amnesty International also stressed the importance - for the families of those massacred at Srebrenica. "Until their loved ones are identified and the bodies handed over to the families for burial, the relatives are unlikely to feel that justice has been done."
The organization called on the international community to ensure continued support for the DNA-based identification programme carried out by the Missing Person's Institute (MPI) in Bosnia-Herzegovina, recently established by the International Committee for Missing Persons.
Radislav Krstic has the right to appeal against the verdict and the sentence to the Appeals Chamber.
Background:
The trial of Bosnian Serb General Radislav Krstic, the first senior officer in the Bosnian Serb Army to appear before the Tribunal, started on 13 March 2000. He was charged with eight counts of genocide, complicity to commit genocide, crimes against humanity and violations of the laws and customs of war.
This is the first trial of a senior Bosnian Serb officer on charges of genocide, relating to the massacre of men and boys at Srebrenica, and has included evidence gathered from the exhumations of individuals believed to have been killed when the UN-protected enclave fell in July 1995. A total of 128 witnesses were called, including the wives and mothers of men and boys killed at Srebrenica.
Radislav Krstic was commander of the Second Brigade of the Romanija Corps of the Bosnian Serb Army; when this was merged with the Drina Corps in 1992, Krstic became its deputy commander.
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