The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković

Court	International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Case number	IT-96-23-T & IT-96-23/1-T
Decision title	Judgment
Decision date	22 February 2001
Parties	The Prosecutor Dragoljub Kunarac Radomir Kovač Zoran Vuković
Other names	ICTY, Trial Chamber II, Prosecutor v. Kunarac et al., Case No. IT-96-23-T & IT-96-23/1-T, Judgement
Categories	Crimes against humanity, War crimes
Keywords	crimes against humanity, enslavement, Foca, outrages upon personal dignity, rape, torture, war crimes
Links	Judgment
Other countries involved	Bosnia and Herzegovina

Summary

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

Trial Chamber II found that the acts of the Bosnian Serbs amounted to war crimes and crimes against humanity. It found the three accused responsible for these crimes.

Dragoljub Kunarac was found guilty of crimes against humanity (torture, rape, enslavement), and war crimes (torture and rape) and, subsequently, sentenced to 28 years of imprisonment.

Radomir Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape. He was sentenced to 20 years of imprisonment.

Zoran Vuković was found guilty of torture and rape as both war crimes and crimes against humanity. Trial Chamber II sentenced him to 12 years of imprisonment.

Procedural history

The amended indictment against Vuković was filed on 5 October 1999; another, new amended indictment against Kunarac and Kovač was filed on 8 November 1999. The trial commenced on 20 March 2000, and closing arguments were heard between 20 and 22 November 2000.

Related developments

On 6 March 2001, Kovač and Vuković filed a notice of appeal against the trial judgment and sentence. Kunarac filed his notice of appeal on 7 March 2001.

The Appeals Chamber rendered its judgment on 12 June 2002 affirming the sentences handed down by Trial Chamber II.

On 28 November 2002, Kovač and Vuković were transferred to Norway to serve their sentences (see ICTY, 'Radomir Kovac and Zoran Vukovic Transferred to Norway to Serve Prison Sentences', ICTY Press Release, 28 November 2002. On 12 December 2002, Kunarac was transferred to Germany to serve his sentence (see ICTY, 'Dragoljub Kunarac Transferred to Germany to Serve Prison Sentence', ICTY Press Release, 12 December 2002.

On 11 March 2008, Vuković was granted early release.

Legally relevant facts

The events giving rise to the case have occurred in the area of Foča, Bosnia and Herzegovina between April 1992 and February 1993. During this period, an armed conflict existed between Bosnian Serbs and Bosnian Muslims. The Bosnian Serb Army and paramilitary groups targeted the non-Serb civilian population aiming the ‘cleansing’ of the Foča area of non-Serbs. Muslim men were separated from the women and children. While the men were detained at the prison facility called Foča KP Dom (situated near Foča, Bosnia and Herzegovina), the women and children were taken to collection points and transferred to the Foča High School and later to the Partizan Sports Hall (both located in Foča, Bosnia and Herzegovina). At these centers they were subjected to unhygienic conditions and mistreatments, including repeated rapes. (paras. 12 et seq.)

Kunarac was the leader of a reconnaissance unit forming part of the Foča Tactical Group, having access to the highest military command. Kovač and Vuković were members of the Bosnian Serb military unit. (paras. 48 et seq.)

Core legal questions

Have the elements of the charged crimes been fulfilled?
If so, can Dragoljub Kunarac, Radomir Kovač and Zoran Vuković be held responsible for these crimes?

Specific legal rules and provisions

Articles 3, 5, 7(1) and 7(3) of the ICTY Statute.

Court's holding and analysis

Trial Chamber II was satisfied that “the armed conflict has been established beyond reasonable doubt with respect to all three municipalities” (paras. 567 et seq.).

With respect to crimes against humanity, Trial Chamber II found that “the crimes committed by all three accused were part of the attack against the Muslim civilian population and that all three accused had mens rea required under Article 5 of the Statute” (para. 592). Furthermore, “judging by [Kunarac, Kovač and Vuković’s] individual conduct as charged and proved on the evidence before the Trial Chamber, they were aware that there was an attack on the Muslim civilian population going on, and they willingly took an active part in it” (para. 592).

Trial Chamber II found Kunarac guilty of crimes against humanity (torture, rape, enslavement) and war crimes (torture and rape) (paras. 593 et seq.).

Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape (paras. 746 et seq.).

Vuković was found guilty of torture and rape as both war crimes and crimes against humanity (paras. 783 et seq.).

Kunarac, Kovač and Vuković were sentenced to 28, 20 and 12 years of imprisonment.