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Delić (IT-04-83)

Trial Judgment: 15 September 2008

Rasim Delić, the commander of the main staff of the ABiH, stood trial for allegedly having failed to take the necessary and reasonable measures to punish perpetrators under his command, for the murder of Bosnian Croat civilians and surrendered HVO soldiers by members of the ABiH and the El Mujahedin Detachment; the murder and decapitation of captured VRS soldiers; and the mistreatment of detainees at the Kamenica Camp run by the EMD, including the rape and mistreatment of women. The prosecution accused him of superior criminal responsibility for violations of the laws and customs of war for murder, cruel treatment, and rape.

In 2008, the Trial Chamber convicted Delić of violations of the laws or customs of war for cruel treatment in relation to the events in Livade and the Kamenica Camp; the Trial Chamber determined that while the El Mujahedin Detachments were not generally subordinated to the ABiH during the crimes in Maline and Bikoši, the El Mujahedin Detachment was de jure (by law) subordinated to the ABiH 3rd Corps by order from August 13, 1993, until its disbandment in December 1995, and thus as the commander Delić was responsible for the actions of the El Mujahedin Detachment members. The Trial Chamber sentenced Delić to three years’ imprisonment.