MLADIĆ, Ratko (MICT-13-56)
On 22 November 2017, an ICTY Trial Chamber issued its Judgement in the case of Ratko Mladić. Pursuant to Article 2(2) of the Transitional Arrangements, the Mechanism has competence over appellate proceedings originating from ICTY cases for which the notice of appeal is filed on or after 1 July 2013.
|
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 Theodor Meron (Presiding) Judge Carmel Agius Judge Liu Daqun Judge Prisca Matimba Nyambe Judge Seymour Panton |
|
Status of the Case |
Pre-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 Judgment. 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 President of the Mechanism assigned a bench of five judges to this case before the Appeals Chamber. On 20 December 2017, the presiding judge in the case, Judge Theodor Meron, was assigned as pre-appeal judge in the case. 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, and no later than 22 March 2018.
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.