Martić (IT-95-11) “RSK”

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Source: Martić (IT-95-11) “RSK”

Trial Judgment: 12 June 2007; Appeal Judgment: 8 October 2008

Milan Martić, the Interior Minister and later President of the Republic of Serbian Krajina (RSK), stood trial for allegedly having planned, ordered, instigated, committed, or otherwise aided and abetted crimes against the Croat and other non-Serb civilian population with the aim of creating a unified Serb state, including the shelling of Zagreb with cluster bombs in May 1995, the last such attack on Zagreb with cluster munitions. The prosecution accused him of individual criminal responsibility and participation in a joint criminal enterprise for crimes against humanity for persecutions, murder, inhumane acts of deportation, forcible transfer, and imprisonment; and violations of the laws or customs of war for murder, cruel treatment, and attacks on civilians.

In 2007, the Trial Chamber convicted Martić on the basis of individual criminal responsibility and participation in a joint criminal enterprise of crimes against humanity for persecution, murder, deportation, and inhumane acts of forcible transfer and imprisonment; and for violations of the laws or customs of war for murder, cruel treatment, wanton destruction of cities not justified by military necessity, and attacks on civilians.

In 2008, the Appeals Chamber dismissed Martić’s appeal and found that the Trial Chamber erred when it determined that Martić participated in a joint criminal enterprise to permanently remove the majority of Croats and other non-Serbs from large parts of Croatia, and that the error did not affect the Trial Chamber’s determination of guilt. The Trial Chamber sentenced Martić to 35 years’ imprisonment, which was upheld by the Appeals Chamber.