Wednesday, October 8, 2008

ICTY: Appeals Chamber Judgment in the Case Against Milan Martić

Today, the ICTY Appeals Chamber rendered its judgment in the case (No. IT-95-11) against Milan Martić, a former political leader of the Croatian Serbs. On June 12, 2007, Martić was convicted of sixteen counts of crimes against humanity (persecutions, murder, imprisonment, torture, inhumane acts, deportation, forcible transfer) and war crimes (murder, torture, cruel treatment, wanton destruction of villages, destruction of educational or religious institutions, plunder, attacks on civilians) for acts in connection with the forcible removal of the non-Serb population of the Krajina region of Croatia. He was sentenced to thirty-five years imprisonment (Trial Chamber judgment here).

In today's judgment (judgment not yet available online; summary here; press release here), the Appeals Chamber reversed Martić's conviction on five counts (at least in part) but found that the Trial Chamber erred in failing to convict him on four counts. The Appeals Chamber found that these errors had minimal impact on Martić's overall culpability for purposes of sentencing and, therefore, affirmed the his sentence. Judge Schomburg appended a separate opinion on the issue of joint criminal enterprise.