Mucić et al. (IT-96-21) “Čelebići Camp”

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Source: Mucić et al. (IT-96-21) “Čelebići Camp”

Trial Judgment: 16 November 1998; Appeal Judgment: 20 February 2001

Zdravko Mucić, the commander of the Čelebići prison camp near Konjic, Hazim Delić, deputy commander of the same prison, Esad Landžo, a guard at the same prison, and Zejnil Delalić, a Bosnian Muslim military coordinator in the Konjic area who had authority over the camp, stood trial for allegedly having committed or aided and abetted the commission of grave breaches of the Geneva Conventions and violations of the laws or customs of war against Bosnian Serb detainees at the Čelebići camp, including murder, torture, sexual abuse, and inhumane treatment; this case marks the first time the ICTY applied the principle of command responsibility, and the first time an international tribunal held a military commander responsible for rape as a war crime. The prosecution accused all four defendants of individual criminal responsibility and Mucić and Delalić additionally of superior criminal responsibility of grave breaches of the Geneva Conventions for willful killing, torture, inhuman treatment, willfully causing great suffering or serious injury, and unlawful confinement; violations of the laws or customs of war for murder, torture, cruel treatment, and willfully causing great suffering.

In 1998, the Trial Chamber convicted Mucić of superior criminal responsibility for grave breaches and violations of the laws or customs of war for torture, inhuman treatment, willfully causing great suffering, and unlawful confinement; convicted Delić of individual and superior criminal responsibility for willful killing, torture, inhuman treatment, and willfully causing great suffering; convicted Landžo of willful killing, torture, inhuman treatment, and willfully causing great suffering; and acquitted Delalić of all charges.

In 2001, the Appeals Chamber dismissed all defendants’ appeals and the prosecution’s cross-appeal. The Trial Chamber sentenced Mucić to seven years’ imprisonment, Delić to 20 years’ imprisonment, and Landžo to 15 years’ imprisonment, all upheld on appeal.