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.
Trial Judgment: 20 June 2006; Appeal Judgment: 3 July 2008
Naser Orić, a senior commander of Bosnian Muslim forces in eastern BiH, stood trial for allegedly having planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the detention and abuse of Bosnian Serb citizens and the wanton destruction of Bosnian Serb property. The prosecution accused him, under theories of individual and superior criminal responsibility, of violations of the laws or customs of war for murder, cruel treatment, and wanton destruction of cities or towns not justified by military necessity.
In 2006, the Trial Chamber found Orić guilty of violations of the laws of war for murder and cruel treatment under a theory of superior criminal responsibility. In 2008, the Appeals Chamber granted Orić’s appeal and found that the Trial Chamber failed to determine the criminal responsibility of Orić’s only identified subordinate, Atif Krdžić, and failed to determine whether Orić knew or had reason to know of any of Krdžić’s alleged crimes, and that the errors invalidated the Trial Chamber’s decision to convict Orić on the basis of superior criminal liability. The Trial Chamber sentenced Orić to two years’ imprisonment; the Appeals Chamber acquitted Orić of all charges.