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Prosecutor v. Tadić

Citation: IT-94-1

Link to the full case:

Trial Judgment: 7 May 1997

Appeal Judgment: 15 July 1999

Duško Tadić was the president of the local board of the SDS in Kozarac. He stood trial for:

  • having participated with Serb forces in the attack and destruction of Bosnian Muslims and Bosnian Croat residential areas in the Kozarac area

  • the imprisonment of Muslims and Croats in the Omarska, Keraterm, and Trnopolje camps

  • the deportation of Muslims and Croats from Prijedor municipality; and the participation in killings, torture, sexual assault, and physical and psychological abuse of Muslims and Croats in and outside the camps.

This was the first case to prosecute sexual violence and rape as a crime against humanity in an international tribunal. It was also the first case to go to trial at the ICTY, and on appeal determined that the conflict in Bosnia was an international armed conflict and established the overall control test for determining if an individual’s actions were part of the war when they were performed by a paramilitary or non–State group.

The prosecution charged Tadić on the basis of individual criminal responsibility of crimes against humanity of acts of persecution, deportation, confinement, rape, murder, and inhumane acts; grave breaches for torture or inhuman treatment, willful killing, and willful causing of serious injury to body or health; and violation of the laws or customs of war for cruel treatment and murder.

In 1997, the Trial Chamber convicted Tadić of crimes against humanity for persecution and inhumane acts and violations on the laws or customs of war. In 1999, the Appeals Chamber denied Tadić’s appeal on all grounds. The Trial Chamber had sentenced Tadić to 20 years’ imprisonment, which was amended by the Appeals Chamber which sentenced Tadić to 25 years’ imprisonment.

Summary based on notes from the IJRC

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