Credit: ICTY
On January 27, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) confirmed Vlastimir Đorđević’s conviction in relation to crimes committed by Serbian forces against Albanians, during the conflict in Kosovo. [ICTY: Appeal Judgment Summary] It partially granted appeals raised by both the prosecution and defense, reducing Đorđević’s sentence from 27 to 18 years. This judgment marked the conclusion of all ICTY cases concerning individuals indicted for war crimes committed in Kosovo. [ICTY: Đorđević Press Release]
Đorđević Case
In 2003, the ICTY Prosecutor indicted Đorđević for crimes against humanity (deportation, forcible transfer, murder, and persecutions on political, racial or religious grounds) and violations of the laws and customs of war (murder) regarding his actions in Kosovo from January 1 to June 20, 1999. The final indictment charged him with individual criminal responsibility for the “planning, instigating, ordering, or otherwise aiding and abetting in the planning, preparation, or execution of the alleged crimes” as well as participation in a joint criminal enterprise.
For the period identified in the indictment, Đorđević served as the Assistant Minister of the Serbian Ministry of Internal Affairs (MUP) and Chief of the Public Security Department (RJB) of the MUP and was responsible for police forces in Kosovo and other areas of Serbia. During this time, forces of the Federal Republic of Yugoslavia and Serbia forcibly deported 800,000 Albanians from Kosovo, murdered hundreds of Albanian civilians and systematically destroyed cultural monuments, sacred sites and Mosques. [ICTY: Đorđević Case Information Sheet]
The Trial Chamber of the ICYT found Đorđević guilty of all crimes charged in the indictment and sentenced him to 27 years’ imprisonment. Prosecutor v. Vlastimir Đorđević (Case IT-05-87/1-T), ICTY, Trial Chamber II, Judgment of 23 February 2011, paras. 2230-1. It determined, based on the available evidence, that he was guilty of “having participated in a joint criminal enterprise with the purpose of modifying the ethnic balance in Kosovo,” “having aided and abetted the crimes,” and having “[failed…] to prevent the crimes and to punish the perpetrators.” Id. at paras. 2193-2195.
According to the judgment, Đorđević’s primary criminal responsibility arose from his participation in a joint criminal enterprise intended to target the Albanian Kosovo population using a “widespread and systematic campaign of terror and violence” designed to “change the ethnic balance in Kosovo.” Id. at paras. 2210-2213. As one of the top officials in the government at the time, the Trial Chamber determined that Đorđević had effective control over the forces involved in the conflict and knowledge of the events occurring in Kosovo, but failed to prevent the crimes or punish the perpetrators. Id. at paras. 2172-2192. His sentence was reflective of “the leading and grave role of the Accused in the joint criminal enterprise and in aiding and abetting the offences established.” Id. at para. 2214.
Đorđević Appeal
Both Đorđević and the prosecution appealed the Trial Chamber’s decision. Although the Appeals Chamber confirmed Đorđević’s responsibility for war crimes committed in Kosovo, it determined that the Trial Chamber had made errors of law in its determination with regard to some of the charges. As a result of these errors, the Appeals Chamber overturned several convictions and added new convictions. After balancing the overturned convictions with those added, the Appeals Chamber found a reduction in the original sentence from 27 to 18 years to be appropriate. [ICTY: Appeal Judgment Summary]
The Appeals Chamber granted Đorđević’s appeals to reverse his conviction for specific acts of deportation, forcible transfer, murder, and persecution. Additionally, it granted his appeal for a reversal of his conviction for aiding and abetting on all five counts of the indictment. Concerning this latter decision, the Appeals Chamber determined that the Trial Court had failed to articulate the distinction between its conclusions regarding[LR1] Đorđević’s liability on the basis of participation in a joint criminal enterprise, versus aiding and abetting the same acts. The Appeals Chamber therefore found that “the criminal conduct of Mr. Đorđević is fully reflected in a conviction based solely on his participation in the [Joint Criminal Enterprise]” and therefore, additional liability was unwarranted. [ICTY: Appeal Judgment Summary]
Interestingly, Đorđević argued that the Trial Chamber was wrong to rely on Human Rights Watch reports to infer the defendant’s knowledge of certain crimes and, though the Appeals Chamber agreed, it found that the error did not impact the Trial Chamber’s conclusions establishing joint criminal enterprise liability. [ICTY: Appeal Judgment Summary]
The Appeals Chamber also granted the prosecution’s appeal acquitting Đorđević of the crime of persecution through sexual assault, finding sufficient evidence that five women were sexually assaulted with discriminatory intent, that these acts of persecution were foreseeable to the defendant, and that Đorđević assumed the risk of their occurrence when he participated in the joint criminal enterprise. [ICTY: Appeal Judgment Summary]
Đorđević will remain in the custody of the Tribunal until arrangements are made for his transfer to the country where he will be serving the remainder of this sentence. He will receive credit for the time that he has already served during the trial and appeals process. [ICTY: Appeal Judgment Summary]
Related Cases
Đorđević was originally indicted with Yugoslav military and law enforcement officials Nebojša Pavković, Vladimir Lazarević, and Sreten Lukić and their case was then joined with that of Milan Milutinović, the President of Serbia, Nikola Šainović, the Deputy Prime Minister of the Federal Republic of Yugoslavia, and General Dragoljub Ojdanić. However, Đorđević was still at large at the commencement of the trial, so his case was severed for separate processing. [ICTY: Judgment Summary]
The six other defendants were tried in one of the “largest and most complex” trials before the ICTY. [ICTY: Šainović, et. al. Press Release] The Trial Chamber ultimately acquitted Milutinović, but found the other five men guilty of the same crimes that led to Đorđević’s conviction. [ICTY: Case Information Sheet] The Trial Court found Pavković, Lukić, and Šainović guilty of crimes against humanity and violations of the laws and customs of war, while Lazarević and Ojdanić were held responsible only for the commission of crimes against humanity. Prosecutor v. Šainović, et. al. (Case IT-05-87), ICTY, Trial Chamber, Judgment of 26 February 2009 (Vol. I; Vol. II; Vol. III; Vol. IV). On appeal, the sentences of Šainović, Lukic, and Lazarević were reduced, while Pavković, who chose not to appeal, had his original sentence confirmed. Prosecutor v. Šainović, et. al. (Case IT-05-87-A), ICTY, Appeals Chamber, Judgment of 23 January 2014.
In total, the ICTY has indicted nine Serbian and Yugoslav officials for the crimes committed by Serbian forces in Kosovo in 1999. In addition to the cases discussed above, Yugoslav President Slobodan Milošević stood trial at the ICTY between 2002 and 2006, but died before a judgment could be rendered. Yugoslavia’s Minister of Internal Affairs, Vlajko Stojiljković, was indicted, but committed suicide prior to standing trial. [Kosovo Crimes Press Release]
About the ICTY
The International Criminal Tribunal for the former Yugoslavia (ICTY) was created by the United Nations in 1993 to address serious violations of international humanitarian law that occurred in the course of conflicts in the Balkans during the 1990s. The ICTY was the first war crimes tribunal established by the UN Security Council and has been integral in the development of post-conflict resolution and international humanitarian law. [ICTY: About]
The Tribunal’s jurisdiction extends to serious violations of international humanitarian law in the territory of the former Yugoslavia beginning in 1991 and to the individuals responsible for those crimes. The Tribunal does not have jurisdiction over organizations, political parties or other legal entities. [ICTY: Mandate and Crimes] Since its inception, the ICTY has indicted 161 persons for genocide, crimes against humanity, violations of the laws and customs of war, and grave breaches of the Geneva Convention. Of the 141 concluded proceedings, 74 have resulted in convictions. There are currently 20 cases outstanding; four are currently at trial and 16 are before the Appeals Chamber. [ICTY: Facts and Figures]
Visit the About the ICTY and ICTY Facts & Figures pages on the ICTY website and see IJRC’s webpage on the ICTY to learn more about the tribunal. For more information on the conflict in Kosovo, see BBC’s Kosovo Profile.