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Appeals Judgement - Mucić et al. 20 February 2001

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Published on Mar 29, 2012

For more information: http://www.icty.org/x/cases/mucic/acj...

The trial related to events which took place in 1992 in a prison camp near the town of Čelebići, in central Bosnia and Herzegovina. The four accused in this case, Zejnil Delalić, Zdravko Mucić, Hazim Delić and Esad Landžo, were charged with numerous counts of grave breaches of the Geneva Conventions of 1949 under Article 2 of the Tribunal's Statute and of violations of the laws or customs of war under Article 3. The victims were the Bosnian Serb detainees in the Čelebići camp.

Delalić was alleged to have co-ordinated the activities of the Bosnian Muslim and Bosnian Croat forces in the area and later to have been the Commander of the First Tactical Group of the Bosnian Army. He was alleged in that capacity to have had authority over the Čelebići camp. The Trial Chamber found him not guilty on all counts, on the basis that he did not have sufficient command and control over the Čelebići camp and its guards to found his criminal responsibility as a superior for the crimes which they committed in the camp.

Mucić was found by the Trial Chamber to be the Commander of the Čelebići camp, and he was found guilty under the principles of superior responsibility for crimes committed by his subordinates, including murder, torture and inhuman treatment. He was also found guilty of personal responsibility for the unlawful confinement of civilians. Mucić was given a total sentence of seven years.

Delić was found by the Trial Chamber to have acted as the Deputy Commander of the camp, and he was found guilty on the basis of personal responsibility for crimes including murder, torture and inhuman treatment. He was given a total sentence of twenty years.

Landžo was found by the Trial Chamber to have been a guard at the camp, and he was found guilty of committing offences including murder, torture and cruel treatment. He was given a total sentence of fifteen years imprisonment.

The three convicted accused, Mucić, Delić and Landžo, filed appeals against the Trial Chamber's judgment. The prosecution also filed an appeal against the judgment on a number of grounds, including grounds of appeal relating to the acquittal of Delalić. The four appellants between them filed a total of forty-eight grounds of appeal. Certain of the grounds of appeal of the three convicted appellants related to the same subject matter, and they were therefore dealt with together in the hearing of oral submissions and in the written judgment delivered today.

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