КТО-3/18
KTO-3/18
1
Persons indicted |
1 person convicted |
Rank(s) of person(s) indicted |
lower military |
Indictment date |
|
Case stage |
second instance judgment |
Duration of proceedings since trial commencement |
2 years 8 months |
Witnesses examined |
16 |
Date and outcome of the first instance verdict |
8 years in prison |
Date and outcome of decision on appeal |
8 years in prison |
Date and outcome of verdict in new trial |
|
Criminal offence |
war crime against prisoners of war under article 144 of the FRY Criminal Act |
Background facts |
The incident occurred in village Kožuhe, area of Doboj, BH, in the evening of an undetermined day in early May 1992, amidst a non-international armed conflict that existed in the BH territory between armed groups of local Serb, Croat and Muslim populations. At the time member of a volunteer unit operating as part of the Serb armed force, the convicted, AA, committed grave breaches of international law, specifically of the following: articles 3 (1.1) and 4A (1), Geneva Convention of 12/08/1949, Relative to the Treatment of Prisoners of War (Geneva Convention III), ratified by the FPRY Natiobnal Assembly in 1950 (FPRY Official Gazette no. 24/50); and article 4 (1), (2.a), Protocol Additional to the Geneva Conventions of 12/08/1949 (Protocol II), Relative to the Protection of Victims of Non-International Armed Conflicts (SFRY Official Gazette, International Contracts, no.16/78). Specifically, several days upon his arrest on the part of the Serb armed force, GG, a soldier of the opposing armed force, namely of the 102nd Odžaci Brigade operating as part of the Croatian Defence Council, was transferred to the Energoinvest factory compound in village Kožuhe. A while later, AA picked up the captive and took him to the site of Djelovačke Bare near the Bosna river, where he fired several gunshots at the victim. Having received two fatal perforating wounds to the head, GG died on the spot. |
Procedural remarks |
The Serbian War Crimes Prosecutor rendered the Order to conduct investigation (ref. КТI-3/16) on 11/10/2016. |