On Monday, the ICTY Trial Chamber rendered its judgment in the case (No. IT-04-83) against Rasim Delić, former Commander of the Main Staff of the Army of the Republic of Bosnia and Herzegovina. Delić was charged, under a theory of superior responsibility, with four counts of war crimes (murder, cruel treatment, and rape) for failure to take reasonable steps to prevent and punish crimes that occurred during his command (amended indictment here). In February of this year, the Trial Chamber, in an oral decision (transcript here), acquitted Delić of one of the counts (rape).In Monday's judgment (judgment here; summary here; press release here), the Trial Chamber acquitted Delić of all the remaining charges except one count of war crimes (cruel treatment), for which it entered a conviction over the dissent of Judge Moloto. Delić's sole conviction was for failing to take the necessary and reasonable measures to prevent and punish the crimes of cruel treatment committed by the El Mujahed Detachment (EMD) in the village of Livade and in the Kamenica Camp in July and August 1995. Judge Moloto disagreed with the majority's conclusion that Delić had effective control over the EMD. On the other counts, the Chamber found either that Delić did not retain superior responsibility over the forces that committed the crimes or that he did not have reason to know that crimes were about to be or had been committed. The Trial Chamber sentenced Delić to three years imprisonment.
