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Appeals Judgement - Strugar- (1/2) - 17 Jul 2008

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Uploaded on Sep 6, 2011

More Information: http://www.icty.org/x/cases/strugar/a...

The events giving rise to these appeals took place during the military campaign conducted by the troops of the former Yugoslav People's Army (the "JNA") in the region of Dubrovnik (Croatia) in October, November, and December 1991. According to the Judgement rendered on 31 January 2005 by Trial Chamber II, in the context of an attack on Srđ ordered by Strugar, the 3rd Battalion of the 472nd Motorized Brigade shelled the Old Town of Dubrovnik. The Trial Chamber concluded that these units were subordinated to the 2nd Operational Group (the "2nd OG"), of which General Strugar assumed command on 12 October 1991. The Chamber considered that this shelling was deliberate, that it was not a response at Croatian or other military positions, actual or believed, and that it had caused considerable damage to the Old Town. It further found that the shelling of the Old Town killed two and injured two, and that none of the victims were actively taking part in the hostilities. On that basis, the Trial Chamber convicted Strugar to a single sentence of eight years imprisonment for the following counts:

- Count 3: attack on civilians under Articles 3 and 7 (3) of the Statute;
- Count 6: destruction or wilful damage done to cultural property under Articles 3 (d) and 7 (3) of the Statute.

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