Today, the ICTY Trial Chamber rendered its judgment in the case (No. IT-98-29/1) against former general of the Bosnian Serb Army Dragomir Milošević. Milošević was charged (amended indictment here) with seven counts - four of crimes against humanity (murder, inhumane acts) and three of war crimes (terror, unlawful attacks on civilians) - related to the shelling and sniping against civilians during the siege of Sarajevo from August 10, 1994, to on or about November 21, 1995. Milošević's trial began on January 11, 2007; closing arguments were given on October 9 and 10, 2007.In today's decision (summary here; press release here; judgment not yet available online), the Trial Chamber found Milošević guilty of four counts of crimes against humanity (two counts each of murder and inhumane acts) and one count of war crimes (terror). The court dismissed two counts of war crimes (unlawful attacks against civilians) because Milošević was convicted on the terror charge. The Tribunal's summary notes, in part:
The defense's main argument, which was rejected by the court, was that Sarajevo could not be considered a civilian area; Sarajevo was, instead, the defense claimed, a theater of serious conflict and heavy fighting and so the Bosnian Serb Army's acts were necessary and legitimate. The Trial Chamber sentenced Milošević to thirty-three years' imprisonment.The evidence discloses an horrific tale of the encirclement and entrapment of a city over a period of approximately 15 months and its bombardment by the forces of the Sarajevo-Romanija Corps, also known as the SRK, under the command of General Dragomir Milošević, the Accused. In many places, the SRK positions overlooked the positions of the Army of Bosnia and Herzegovina - the ABiH - , thus providing the SRK with strategic points around the city. The evidence shows that during that 15-month period the SRK, from commanding positions on the hills of Sarajevo, carried out a campaign of sniping and shelling that resulted in injury to and death of a great number of civilians in the city of Sarajevo. . . .
[T]he Accused's position as commander of the SRK obligated him to prevent the commission of crimes and to ensure that the troops under his command conducted themselves with respect for international humanitarian law. However, the evidence presented to the Trial Chamber shows that the Accused abused his position and that he, through his orders, planned and ordered gross and systematic violations of international humanitarian law. Moreover, the Accused made regular use of a highly inaccurate weapon with great explosive power: the modified air bomb. It is clear from the evidence that the SRK well know that these weapons were indiscriminate and inaccurate. The modified air bombs could only be directed at a general area, making it impossible to predict where they would strike. Each time a modified air bomb was launched, the Accused was playing with the lives of the civilians in Sarajevo.
