Bosnia and Herzegovina


Title: Prosecutor v. Marko Samardzija, Court of Bosnia and Herzegovina, Section I for War Crimes, no. X-KR-05/07, 3 November 2006

Date: 03.11.2006

Source:

Summary:

On 3 November 2006, Section I for War Crimes of the Court of Bosnia and Herzegovina (BiH) found a Bosniak Serb company commander guilty of aiding and abetting in committing murder. This criminal conduct occurred in July 1992, during what the court described as "a widespread or systematic attack by the army and police of the so-called Serb Republic of Bosnia and Herzegovina directed against civilian [sic] Bosniak population in the territory of the Municipality of Kljuc." Legal issues in this case included the fairness of the court's judicial notice of facts established by the International Criminal Tribunal for the former Yugoslavia, and the legality of applying the 2003 criminal code of BiH and its system of penalties to acts committed in 1992. After concluding that the crimes in which the accused had taken an active part constituted crimes against humanity, and that they had violated the criminal code of BIH, the court sentenced the accused to 26 years of imprisonment.


Text:

samardzija.pdf.zip Also available at: http://www.sudbih.gov.ba/?jezik=e (accessed 1 May 2007)