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Appeals Judgement - Kunarac et al. 22 June 2002

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Uploaded on Feb 2, 2012

For more information:http://www.icty.org/x/cases/kunarac/a...


From April 1992 to February 1993 at least, the area of Fo~a was the scene of an armed conflict. The crimes of which Dragoljub Kunarac, Radomir Kova~ and Zoran Vukovi} were found guilty by the Trial Chamber were closely related to this armed conflict. Non-Serb civilians were killed, raped or otherwise mistreated as a direct consequence of that armed conflict. Kunarac, Kova~ and Vukovi} also participated in this campaign which sought, inter alia, to rid the area of Fo~a of its non-Serb inhabitants. One of the targets of the campaign were the Muslim civilians, women in particular. They were detained in various centres where the conditions of hygiene were intolerable and where they were subjected to many acts of physical violence, including multiple rapes. The criminal conduct of the three appellants was part of this systematic attack on the non-Serb civilians. All three knew that the area of Fo~a was the scene of an armed conflict. They also knew that an attack on the non-Serb civilian population had been launched and that their criminal acts occurred within or were part of this attack.

On 22 February 2001, the Trial Chamber found Dragoljub Kunarac guilty of crimes against humanity on the counts of enslavement, rape and torture as well as violations of the laws and customs of war on the counts of rape and torture. In the same decision, Radomir Kova~ was found guilty of crimes against humanity on the counts of enslavement and rape as well as violations of the laws and customs of war on the count of outrages upon personal dignity. Zoran Vukovi} was found guilty of crimes against humanity on the counts of rape and torture as well as violations of the laws and customs of war on the counts of rape and torture. The three accused were given single sentences of 28, 20 and 12 years' imprisonment respectively.

On 6 March 2001, Radomir Kova~ and Zoran Vukovi} filed a notice of appeal against the Trial Chamber Judgement and sentence. On 7 March 2001, Dragoljub Kunarac did so as well.

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