This case summary is part of a collection of summaries describing the cases before the International Criminal Tribunal for the Former Yugoslavia (ICTY). See the Online Resource Hub pages on the ICTY and International Criminal Law, and the table of ICTY case summaries for additional information.
Blaškić (IT-95-14) “Lašva Valley”
Trial Judgment: 3 March 2000; Appeal Judgment: 29 July 2004
Tihomir Blaškić, initially a colonel in the HVO who was later appointed Commander of the HVO, stood trial for allegedly having individually planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the use of Bosnian Muslims as human shields and for the mistreatment of Bosnian Muslims in HVO detention facilities, including physical and psychological abuse, inhuman treatment and intimidation, as well as for failing to investigate and punish subordinates responsible for detention related crimes. The prosecution accused Blaškić, on the grounds of individual and superior criminal responsibility, of grave breaches of the Geneva Conventions for willful killing, willfully causing great suffering or serious injury to the body or health, extensive destruction of property, inhuman treatment, and taking civilians as hostages; violations of the laws or customs of war for devastation not justified by military necessity, unlawful attack on civilians, unlawful attack on civilian objects, murder, violence to life and person, plunder of public or private property, destruction or willful damage to institutions dedicated to religion or education, cruel treatment, and taking of hostages; and for crimes against humanity for persecutions, murder, and inhumane acts.
In 2000, the Trial Chamber convicted Blaškić on the basis of individual and superior criminal responsibility with: grave breaches of the Geneva Conventions for willful killing, willfully causing great suffering or serious injury to body or health, extensive destruction of property, inhuman treatment, and taking civilians as hostages; violations of the laws or customs of war for devastation not justified by military necessity, unlawful attack on civilians, unlawful attack on civilian objects, murder, violence to life and person, plunder of public or private property, destruction or willful damage to institutions dedicated to religion or education, cruel treatment, and taking of hostages; and crimes against humanity for persecution, murder, and inhumane acts.
In 2004, the Appeals Chamber decided Blaškić’s appeals, and found that the Trial Chamber erred when it: interpreted the standard for “had reason to know” as “should have known” to determine superior liability, rather than applying a standard of “had information available that would have put on notice”; determined its characterization the civilian population; permitted an overly vague indictment which failed to plead material facts with sufficient particularity; determined that the appellant was responsible under superior criminal liability when it had not demonstrated that Blaškić had effective control over the responsible military units; determined that the attacks on Vitez, Donja Večeriska, Gačice, and Grbavica were directed at civilian targets when it was not demonstrated beyond the shadow of a doubt; convicted Blaškić of “inhuman and cruel treatment” without sufficient justification in its decision; and found that Blaškić ordered the use of human shields based on the fact that they were used, without any demonstration of such an order; the Appeals Chamber reversed the majority of Blaškić’s convictions with the exception of inhuman treatment as a grave breach of the Geneva Conventions and cruel treatment as a violation of the laws or customs of war for cruel treatment. Blaškić was initially sentenced to 45 years by the Trial Chamber, which was reduced to nine years by the Appeals Chamber.