The Prosecutor v. Radoslav Brđanin

Case Sheet · ICTY

The Prosecutor v. Radoslav Brđanin

Location Bosnia and Herzegovina
Case Number IT-99-36
Case Name “Krajina”
Status Closed · Sentence Served 

Context

Leading political figure in the Autonomous Region of Krajina (ARK); held key positions at the municipal, regional and republic levels, including that of first vice-president of the ARK Assembly, president of the ARK Crisis Staff, and later acting deputy prime minister for production, minister for construction, traffic and utilities, and acting vice- president of the government of Republika Srpska

Pre-Trial

Initial Indictment 14 March 1999
Amended Indictments 16 December 1999
9 March 2001
16 July 2001
10 December 2001
7 October 2002
9 December 2003
Crimes Charged
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Torture · art. 2(b) ICTYS
Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly · art. 2(d) ICTYS
Violations of the laws or customs of war
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage done to institutions dedicated to religion · art. 3(d) ICTYS
Genocide
Genocide · art. 4(3)(a) ICTYS
Complicity in genocide · art. 4(3)(e) ICTYS
Crimes against humanity
Crime against humanity of extermination · art. 5(b) ICTYS
Crime against humanity of deportation · art. 5(d) ICTYS
Crime against humanity of torture · art. 5(f) ICTYS
Crime against humanity of persecutions · art. 5(h) ICTYS
Crime against humanity of inhumane acts · art. 5(i) ICTYS
Arrest and Transfer 6 July 1999 · Arrested by SFOR · Transferred to ICTY 6 July 1999
Initial Appearance 12 July 1999 · Plea: Not Guilty
11 January 2000 · Plea: Not Guilty

Trial

Trial Chamber Trial Chamber II  · Judges: Judge Carmel A. Agius (presiding), Judge Ivana Janu, Judge Chikako Taya
Trial Opening 23 January 2002
Trial Judgment 1 September 2004
Crimes at Trial Judgment
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Torture · art. 2(b) ICTYS
Violations of the laws or customs of war
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage done to institutions dedicated to religion · art. 3(d) ICTYS
Crimes against humanity
Crime against humanity of deportation · art. 5(d) ICTYS
Crime against humanity of torture · art. 5(f) ICTYS
Crime against humanity of persecutions · art. 5(h) ICTYS
Crime against humanity of inhumane acts · art. 5(i) ICTYS
Sentencing Judgment 32 years of imprisonment

Appeal

Appeals Chamber Appeals Chamber · Judges: Theodor Meron (Presiding), Judge Mohamed Shahabuddeen Judge Mehmet Güney , Judge Christine Van Den Wyngaert, Judge Andrésia Vaz
Appeals Filed By Both
Appeal Judgment 3 April 2007 
Crimes at Appeal Judgment
Grave breaches of the Geneva Conventions of 1949
Wilful killing · art. 2(a) ICTYS
Torture · art. 2(b) ICTYS
Violations of the laws or customs of war
Wanton destruction of cities, towns or villages, or devastation not justified by military necessity · art. 3(b) ICTYS
Destruction or wilful damage done to institutions dedicated to religion · art. 3(d) ICTYS
Crimes against humanity
Crime against humanity of deportation · art. 5(d) ICTYS
Crime against humanity of torture · art. 5(f) ICTYS
Crime against humanity of inhumane acts · art. 5(i) ICTYS
Final Sentence 30 years of imprisonment 
Transfer to Serve Sentence 4 March 2008 · Denmark

Key Documents

Amended Indictment Sixth Amended Indictment (2003)
Trial Judgment Trial Judgment (2004)
Appeal Judgment Appeal Judgment (2007)
ICTY case page Official ICTY page