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Sentencing Appeal - Babić (part 1/3) - 18 July 2005

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Uploaded on Oct 6, 2011

More Information: http://www.icty.org/x/cases/babic/acj...

Milan Babić has appealed against the Sentencing Judgement issued by Trial Chamber I of this Tribunal on 29 June 2004. This case concerns events which took place in Croatia, where the Appellant participated in a joint criminal enterprise whose purpose was the permanent forcible removal of the majority of the Croat and other non-Serb population from approximately one-third of the territory of Croatia, in order to make it part of a new Serb-dominated state through the commission of crimes against humanity and violations of the laws or customs of war. The joint criminal enterprise came into existence from 1 August 1991 and continued until at least June 1992; the Appellant participated in it until 15 February 1992.

On 12 January 2004, the Appellant and the Prosecution filed a plea agreement and a statement of facts in which the Appellant agreed to plead guilty to Count 1 of the Indictment, that is, persecutions on political, racial, and religious grounds as a crime against humanity pursuant to Article 5(h) of the Statute, as an aider and abettor of a joint criminal enterprise.

Having examined the plea agreement and the statement of facts, the Trial Chamber expressed doubts regarding the characterisation of the Appellant's participation in the crimes charged as an aider and abettor. The parties subsequently met and agreed to file a new plea agreement in which the Appellant's participation in the crimes charged in the Indictment was qualified as co-perpetratorship. The Prosecution recommended a sentence of no more than 11 years of imprisonment. On 27 January 2004, the Appellant pled guilty to Count 1 of the Indictment for his participation in the joint criminal enterprise as a co-perpetrator. The following day, the Trial Chamber accepted his plea and found the appellant guilty on Count 1 of the Indictment. On 29 June 2004, the Trial Chamber sentenced the Appellant to 13 years' imprisonment. The Appellant appealed his sentence on 3 September 2004 and the Appeal Hearing took place on 25 April 2005.

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