Lukić

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Lukić Milan & Lukić Sredoje (IT-98-32/1) “Višegrad

Trial Judgment: 30 November 2005; Appeal Judgment: 27 September 2007

Milan Lukić, the Bosnian Serb leader of the White Eagles/ Avengers paramilitary group in Višegrad, and Sredoje Lukić, a Bosnian Serb member of the White Eagles paramilitary group and a police officer in Višegrad, stood trial for allegedly having committed and aided and abetted the commission of crimes against Bosnian Muslims and other non-Serbs in the Višegrad municipality through acts including the summary murder and extermination of Bosnian Muslim men at the Drina River and Varda Factory; the burning of houses during which the paramilitary forced Bosnian Muslims to remain inside; and the detention of Bosniak men at the Uzamnica military barracks. The prosecution accused M. and S. Lukić of individual criminal responsibility with crimes against humanity for persecutions, murder, inhumane acts, and exterminations; and with violations of the laws or customs of war for murder and cruel treatment.

In 2009, the Trial Chamber convicted M. Lukić of violations of the laws or customs of war for murder and cruel treatment, and of crimes against humanity for persecutions, inhumane acts, and exterminations, with the conviction for exterminations disposing of the charge of murder as a crime against humanity; the Trial Chamber convicted S. Lukić of crimes against humanity for persecutions, inhumane acts, and murder; and for violations of the laws or customs of war for murder and cruel treatment.

In 2012, the Appeals Chamber decided M. Lukić’s appeal, and found that the Trial Chamber erred with regards to the number of persons who died during a fire M. Lukić started at the Omeragić house; the Appeals Chamber also found that the Trial Chamber erred when it failed to adequately assess the impact of some of the prosecution’s witnesses involvement with the Women Victims of War Association and its potential impact on their credibility. The Appeals Chamber decided S. Lukić’s appeals, and found that the Trial Chamber erred when it found that S. Lukić beat detainees on several occasions and the Appeals Chamber overturned S. Lukić’s convictions relating to the Uzamnica detention camp. The Trial Chamber sentenced M. Lukić to life imprisonment and S. Lukić to 30 years’ imprisonment; the Appeals Chamber affirmed the sentence of life for M. Lukić and reduced S. Lukić’s sentence to 27 years’ imprisonment.