Mrkšić et al. (IT-95-13/1) “Vukovar Hospital”

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Source: Mrkšić et al. (IT-95-13/1) “Vukovar Hospital”

Trial Judgment: 27 September 2007; Appeal Judgment: 5 May 2009

Mile Mrkšić, the Commander of the Guards Motorized Brigade of the JNA, Miroslav Radić, a Captain of the same unit, and Veselin Šljivančanin, the head of the security organ for the operation of the 1st Guards Motorized Brigade, stood trial for allegedly having ordered, aided and abetted, or otherwise participated in the removal and murder of approximately 260 to 300 Croat and other non-Serb patients from the Vukovar Hospital and the killing of Croat prisoners of war at the Ovčara farm. The prosecution accused them of individual and superior criminal responsibility for violations of the laws or customs of war for murder, torture, and cruel treatment.

In 2007, the Trial Chamber convicted Mrkšić and Šljivančanin of aiding and abetting murder as a violation of the laws or customs of war, acquitted Radić of all charges, and additionally convicted Šljivančanin of torture as a violation of the laws or customs of war on the basis of superior criminal responsibility.

In 2009, the Appeals Chamber decided the prosecution and defendants’ appeals; the Appeals Chamber found that the Trial Chamber erred in acquitting Mrkšić of torture under his superior criminal responsibility and convicted him accordingly; the Appeals Chamber also found that the Trial Chamber erred in concluding that Šljivančanin did not have effective control over the JNA military police guarding the prisoners after Mrkšić issued an order withdrawing the military police from Ovčara, and convicted Šljivančanin of aiding and abetting murder as a violation of the laws or customs of war. The Trial Chamber sentenced Mrkšić to 20 years’ imprisonment and Šljivančanin to five years’ imprisonment; the Appeals Chamber increased Šljivančanin’s sentence to 17 years and upheld Mrkšić’s sentence.