The Prosecutor v. Dario Kordić and Mario Čerkez

Case Sheet · ICTY

The Prosecutor v. Dario Kordić and Mario Čerkez

Location Situation in Bosnia and Herzegovina
Case Number IT-95-14/2
Case Name ''Lašva Valley''
Status Closed · Sentence Served

Context

Dario Kordić was one of the leading political figures in the Bosnian Croat community: from 1991 until 1995, President of the Croatian Democratic Union of Bosnia and Herzegovina (HDZ- BiH); from 1992 until 1995, Vice-President and a member of the Presidency of the Croatian Community of Herceg-Bosna (HZ H-B) and later the Croatian Republic of Herceg-Bosna (HR H-B)

Mario Čerkez was a commander of the Vitez Brigade of the Croatian Defence Council (HVO) from its formation in 1992 until at least the end of May 1993, and during the HDZ-BiH/HVO takeover of the municipal functions within the municipality of Vitez

Pre-Trial

Initial Indictment 10 November 1995
Amended Indictment(s) 30 September 1998
Crimes Charged
Dario Kordić 
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhuman treatment · art. 2(b) ICTYS
Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS
Extensive destruction of property · art. 2(d) ICTYS
Violations of the laws or customs of war
Murder · art. 3 ICTYS
Deliberate attack on the civilian population and individual civilians · art. 3 ICTYS
Outrages upon the personal dignity · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage to institutions dedicated to religion or education · art. 3(d) ICTYS
Crimes against humanity
Crime against humanity of murder · art. 5(a) ICTYS
Crime against humanity of persecution · art. 5(h) ICTYS
Crime against humanity of other inhumane acts · art. 5(i) ICTYS

Mario Čerkez
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhuman treatment · art. 2(b) ICTYS
Wilfully causing great suffering or serious injury to body or health · art. 2(c) ICTYS
Extensive destruction of property · art. 2(d) ICTYS
Violations of the laws or customs of war
Murder · art. 3 ICTYS
Deliberate attack on the civilian population and individual civilians · art. 3 ICTYS
Outrages upon the personal dignity · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage to institutions dedicated to religion or education · art. 3(d) ICTYS
Surrendered 6 October 1997
Initial Appearance 8 October 1997 · Plea: Not Guilty

Trial

Trial Chamber Trial Chamber III · Judges: Judge Richard May (presiding), Judge Mohamed Bennouna, Judge Patrick Robinson
Trial Opening 12 April 1999
Trial Judgment 26 February 2001
Crimes at Trial Judgment Dario Kordić
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhuman treatment · art. 2(b) ICTYS
Unlawful confinement of a civilian · art. 2(g) ICTYS
Violations of the laws or customs of war
Unlawful attack on civilians · art. 3 ICTYS
Unlawful attack on civilian objects · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage to institutions dedicated to religion or education · art. 3(d) ICTYS
Plunder of public or private property · art. 3(e) ICTYS
Crimes against humanity
Crime against humanity of murder · art. 5(a) ICTYS
Crime against humanity of imprisonment · art. 5(e) ICTYS
Crime against humanity of persecution · art. 5(h) ICTYS
Crime against humanity of other inhumane acts · art. 5(i) ICTYS
Mario Čerkez
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhuman treatment · art. 2(b) ICTYS
Unlawful confinement of a civilian · art. 2(g) ICTYS
Taking civilians as hostages · art. 2(h) ICTYS
Violations of the laws or customs of war
Unlawful attack on civilians · art. 3 ICTYS
Unlawful attack on civilian objects · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage to institutions dedicated to religion or education · art. 3(d) ICTYS
Plunder of public or private property · art. 3(e) ICTYS
Crimes against humanity
Crime against humanity of murder · art. 5(a) ICTYS
Crime against humanity of imprisonment · art. 5(e) ICTYS
Crime against humanity of persecution · art. 5(h) ICTYS
Crime against humanity of other inhumane acts · art. 5(i) ICTYS
Sentencing Judgment Dario Kordić
25 years of imprisonment

Mario Čerkez
15 years of imprisonment

Appeal

Appeals Chamber Appeals Chamber · Judges: Judge Wolfgang Schomburg (presiding), Judge Fausto Pocar , Judge Florence Mumba, Judge Mehmet Güney, Judge Inés Mónica Weinberg De Roca
Appeals Filed By Both
Appeal Judgment 17 December 2004
Crimes at Appeal Judgment Dario Kordić
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Inhuman treatment · art. 2(b) ICTYS
Unlawful confinement of a civilian · art. 2(g) ICTYS
Violations of the laws or customs of war
Unlawful attack on civilians · art. 3 ICTYS
Unlawful attack on civilian objects · art. 3 ICTYS
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage to institutions dedicated to religion or education · art. 3(d) ICTYS
Plunder of public or private property · art. 3(e) ICTYS
Crimes against humanity
Crime against humanity of murder · art. 5(a) ICTYS
Crime against humanity of imprisonment · art. 5(e) ICTYS
Crime against humanity of persecution · art. 5(h) ICTYS
Crime against humanity of other inhumane acts · art. 5(i) ICTYS
Mario Čerkez
Grave breaches of the Geneva Conventions of 1949
Unlawful confinement of a civilian · art. 2(g) ICTYS
Crimes against humanity
Crime against humanity of imprisonment · art. 5(e) ICTYS
Crime against humanity of persecution · art. 5(h) ICTYS
Final Sentence Dario Kordić
25 years of imprisonment

Mario Čerkez
6 years of imprisonment
Transfer to Serve Sentence Dario Kordić
8 June 2006 · Austria

Mario Čerkez
Credit given for time served

Key Documents

Initial Indictment Initial Indictment (1995)
Trial Judgment Trial Judgment (2001)
Appeal Judgment Appeal Judgment (2004)
ICTY Case Page Official ICTY page