MICT-13-56

MLADIĆ, Ratko (MICT-13-56)

Mladić, Ratko

Appeal

On 12 May 1992, Ratko Mladić was appointed Commander of the Main Staff of the army of the Serbian Republic of Bosnia and Herzegovina (“VRS”). He remained in command of the VRS Main Staff until at least 8 November 1996.

Sentenced by an ICTY Trial Chamber to life imprisonment on 22 November 2017.

On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgment.

On 19 December 2017, the President of the Mechanism assigned a bench of five judges to this case before the Appeals Chamber. On 21 December 2017, the pre-appeal judge partly granted the motion for an extension of time and ordered that any notices of appeal in this case be filed within 120 days of the issuance of the ICTY Trial Judgement. On 22 March 2018 both parties filed their notices of appeal. Following a further extension of time granted on 22 May 2018 for the filing of the appellant’s and respondent’s briefs, the parties filed confidentially their respective appellant’s briefs on 6 August 2018. On 7 August 2018 and 11 September 2018, respectively, the Prosecution and Mladić filed the public redacted versions of their appellants’ briefs.

On 18 June 2018, Mladić requested the disqualification of Judges Meron, Agius, and Liu from the appeals bench in this case on the basis of actual or apparent bias. On 20 June 2018, the President of the Mechanism referred the matter to Judge Jean-Claude Antonetti. On 3 September 2018, Judge Antonetti upheld Mladić’s requests and, on 4 September 2018, assigned Judges Mparany Mamy Richard Rajohnson, Gberdao Gustave Kam, and Elizabeth Ibanda-Nahamya to replace Judges Meron, Agius, and Liu on the appeals bench in this case. On 12 September 2018, Judge Rajohnson requested to withdraw from the bench in this case and, 16 September 2018, he was replaced with Judge Aminatta Lois Runeni N’gum.

On 12 September 2018, after Judge Nyambe’s election as the Presiding Judge in this case, she was designated as the Pre-Appeal Judge. On 14 November 2018, both parties filed their respective response briefs and on 29 November 2018, their respective reply briefs.

Recent developments:

A hearing on the appeals in the case has taken place on 25 and 26 August 2020.

Indictment	Initial indictment filed on 24 July 1995. Operational indictment filed on 16 December 2011.
Arrest	Arrested on 26 May 2011 in Serbia. Transferred to the ICTY on 31 May 2011.
ICTY Trial Chamber Judgement	Issued on 22 November 2017. The Trial Chamber found Ratko Mladić guilty of genocide, crimes against humanity and violations of the laws and customs of war. Mladić was sentenced to life imprisonment.
Mechanism Appeals Chamber	Judge Prisca Matimba Nyambe, Presiding Judge Aminatta Lois Runeni N’gum Judge Gberdao Gustave Kam Judge Seymour Panton Judge Elizabeth Ibanda-Nahamya
Status of the Case	Appeal.

Appeals Proceedings (Ongoing)

On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgement. Mladić argued that, inter alia, the breadth and complexity of the ICTY Trial Judgement, as well as the extensive underlying record, warrant an extension of time by 150 days beyond the original date upon which his notice of appeal would have been due, namely 22 December 2017.

On 19 December 2017, the then-President of the Mechanism, Judge Theodor Meron, assigned a bench of five Judges to this case before the Appeals Chamber. On 20 December 2017, Judge Meron designated himself as the Pre-Appeal Judge in the case. On 21 December 2017, the Pre-Appeal Judge granted an extension of time for the filing of the notices of appeal and, on 22 March 2018, both parties filed their respective notices of appeal. Following a further extension of time granted on 22 May 2018 for the filing of the appellant’s and respondent’s briefs, the parties filed confidentially their respective appellant’s briefs on 6 August 2018. On 7 August 2018 and 11 September 2018, respectively, the Prosecution and Mladić filed public redacted versions of their appellant’s briefs.

On 18 June 2018, Mladić requested the disqualification of Judges Theodor Meron, Carmel Agius, and Liu Daqun from the appeals bench in this case on the basis of actual or apparent bias. On 20 June 2018, the President of the Mechanism referred the matter to Judge Jean-Claude Antonetti. On 3 September 2018, Judge Antonetti granted Mladić’s requests and, on 4 September 2018, assigned Judges Mparany Mamy Richard Rajohnson, Gberdao Gustave Kam, and Elizabeth Ibanda-Nahamya to replace Judges Meron, Agius, and Liu on the appeals bench in this case. On 12 September 2018, Judge Rajohnson requested to withdraw from the bench in this case and, on 14 September 2018, he was replaced by Judge Aminatta Lois Runeni N’gum.

On 12 September 2018, following Judge Nyambe’s election as the Presiding Judge in this case, Judge Nyambe designated herself as the Pre-Appeal Judge. On 14 November 2018, both parties filed their respective response briefs and on 29 November 2018, their respective reply briefs.

A hearing on the appeals in the case has taken place on 25 and 26 August 2020.

Case Background Information

Indictment

Ratko Mladić was charged before the ICTY with two counts of genocide, five counts of crimes against humanity and four counts of violations of the laws or customs of war committed by Serb forces during the armed conflict in Bosnia and Herzegovina (“BiH”) from 1992 until 1995.

Mladić was alleged to be individually criminally responsible for those crimes, inter alia, through his participation in several related joint criminal enterprises (“JCEs”). The alleged objective of the JCEs was the permanent removal of Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territories in BiH through crimes charged in the indictment.

Mladić was also charged as a superior pursuant to Article 7(3) of the Statute for, inter alia, knowing or having reason to know that crimes were about to be committed or had been committed by forces under his effective control and failing to prevent the crimes or punish the perpetrators.

The charges include:

Two counts of genocide (Counts 1 and 2)

Five counts of crimes against humanity

Persecutions (Count 3)
Extermination (Count 4)
Murder (Count 5)
Deportation (Count 7)
Inhumane acts (forcible transfer) (Count 8)

Four counts of violations of the laws or customs of war

Murder (Count 6)
Terror (Count 9)
Unlawful attacks on civilians (Count 10)
Taking of hostages (Count 11)

ICTY Trial Chamber Judgement

On 22 November 2017, Trial Chamber I of the ICTY convicted Mladić of genocide in the area of Srebrenica in 1995 and of persecution, extermination, murder, deportation, inhumane acts (forcible transfer), terror, unlawful attacks on civilians and the taking of hostages. Mladić was acquitted of the charge of genocide in six of the municipalities in BiH in 1992.

The ICTY Trial Chamber found that Mladić committed these crimes through his participation in four JCEs: the first overarching JCE had the objective of permanently removing Bosnian Muslims and Bosnian Croats from Bosnian Serb-claimed territory in BiH through the commission of the crimes charged in the indictment. The second JCE had the objective of spreading terror among the civilian population of Sarajevo through a campaign of sniping and shelling. The third JCE had as its objective the elimination of Bosnian Muslims in Srebrenica, and the fourth JCE had as its objective taking UN personnel hostage to prevent NATO from conducting air strikes against Bosnian Serb military targets.

Start of ICTY Trial	16 May 2012
Prosecution Case	Started	16 May 2012	Closed	26 February 2014
Defence Case	Started	19 May 2014	Closed	16 August 2016
Closing Arguments	Started	5 December 2016	Closed	15 December 2016
ICTY Trial Chamber Judgement	22 November 2017		Verdict	Life imprisonment

Statistics

ICTY trial days	530
Total exhibits admitted at trial	9914	Prosecution	7803	Defence	2108	Chamber	3
Total witnesses called at trial	592*	Prosecution	169	Defence	208**	Chamber	9

* Out of this number, 377 witnesses appeared in court.
** Only witnesses who appeared in court.

Timeline

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