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Martic Amended Indictment

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PROSECUTOR v. MARTIĆ
Case No. IT-95-11
International Criminal Tribunal for the Former Yugoslavia
Third Amended Indictment
December 9, 2005

Prosecutor: Ms. Carla Del Ponte

Gender Keyword(s): Detention Centers; Sexual Assault/Attack/Abuse; Sexual Violence, Persecution; Sexual Violence, Torture

Procedural History: On July 25, 1995, the International Criminal Tribunal for the Former Yugoslavia (ICTY) confirmed an indictment against Milan Martić, charging him with two counts of individual criminal responsibility for war crimes for willfully ordering two attacks on civilians or, alternatively, two counts of command responsibility for war crimes for failing to prevent or punish the same attacks.1 Corrected or amended versions of the indictment were subsequently filed on December 18, 2002, and July 14, 2003, and a Second Amended Indictment was filed on September 9, 2003.2 On December 9, 2005, a third and final amended indictment was filed. Allegations of sexual and gender-based violence at several detention facilities were first added by the Prosecutor in the December 18, 2002 indictment in support of several charges discussed below; these allegations remain the same from the December 2002 indictment to the final Third Amended Indictment of December 9, 2005, which is digested here.

Charges: The Prosecutor charges Milan Martić with 19 counts of crimes against humanity and violations of the laws or customs of war, alleging these crimes were committed by Martić through various leadership positions he allegedly held in the “Serbian Autonomous District (Sprska autonomna oblast or SAO) Krajina,” and the “Republic of Serbian Krajina (Republika Srpska krajina)” (RSK) from January 1991 until August 1995 ( 2). Martić is charged with individual criminal responsibility for these crimes for planning, instigating, ordering, committing, or “in whose planning, preparation, or execution he otherwise aided and abetted” and for his role as a co-perpetrator in a joint criminal enterprise (JCE), the purpose of which was the forcible removal of a majority of the Croat, Muslim, and other non-Serb population from approximately one-third of the territory of the Republic of Croatia, and large parts of the Republic of Bosnia and Herzegovina, in order to make them a part of the new Serb-dominated state ( 3-4, 8-9). Martić is also charged with command responsibility for failing to prevent or punish the same offenses committed by his subordinates ( 9-17). Specifically, the Prosecutor alleges the crimes against humanity of persecution, extermination, murder, imprisonment, torture, inhumane acts, and deportation and the war crimes of murder, torture, cruel treatment, wanton destruction of villages and of institutions dedicated to education or religion, forcible transfer, plunder of public or private property, and attacks on civilians ( 21-55). These crimes were allegedly committed in the areas of SAO Krajina and Zagreb as well as in territories within the Autonomous Region of Krajina (ARK) in Bosnia and Herzegovina ( 21, 25, 38, 42, 47, 49). Among other things, the alleged JCE involved the establishment and maintenance of a network of detention facilities at which hundreds of non-Serb civilians were detained ( 23 (b), 39). Allegations of sexual assaults, torture, and beatings committed against civilian detainees in detention facilities within and outside Croatia support the charge of persecutions on political, racial, and religious grounds ( 23(d)(h), 24). In addition, the indictment includes allegations that living conditions at six detention facilities were characterized by, among other things, “inhumane treatment…and constant physical and psychological assault, including torture, beatings and sexual assault,” which supports the charges of torture as both a war crime and a crime against humanity, imprisonment and inhumane acts as crimes against humanity; and cruel treatment as a war crime ( 40-41).

Key Gender-Based Holdings:

DETENTION CENTERS:
• The accused is charged with participation in a joint criminal enterprise that involved the prolonged and routine imprisonment and confinement of hundreds of Croat, Muslim, and other non-Serb civilians in detention facilities within and outside Croatia, including in prison camps located in Knin and Titova Korenica in Croatia, and in Bosanski Novi and Prnjavor in Bosnia and Herzegovina ( 23b, 38). Within these detention facilities, detainees were kept in inhumane living conditions “characterised by inhumane treatment, overcrowding, starvation, inadequate medical care, and constant physical and psychological assault, including torture, beatings, and sexual assaults” ( 23(c), (d), (h), 38, 40-41).
• These allegations support the charges of the crimes against humanity of imprisonment (Count 5); torture (Count 6); and inhumane acts (Count 7); and the war crimes of torture (Count 8) and cruel treatment (Count 9) ( 41).

SEXUAL ASSAULT/ATTACK/ABUSE:
• As noted above, this Third Amended Indictment alleges that Martić participated in a JCE that involved the widespread and systematic imprisonment and confinement of hundreds of Croat, Muslim, and other non-Serb civilians in inhumane and brutal living conditions ( 23(c), (d), (h), 40). Conditions within these detention facilities were characterized by inhumane treatment and “constant physical and psychological assault, including torture, beatings, and sexual assault” (40).

SEXUAL VIOLENCE, PERSECUTION:
• Allegations of sexual assault, torture, and beatings support the charges against Martić for the crime against humanity of persecution based on political, racial, and religious grounds ( 23(c), (d), (h)).
• The Prosecutor alleges these crimes were committed with a discriminatory purpose based on religious, cultural, or political grounds, as only non-Serbs were targeted ( 22, 23(b), (d), (h)).

SEXUAL VIOLENCE, TORTURE:
• As noted above, in the context of detention facilities at which non-Serb civilians were detained, the Prosecutor alleges acts of “repeated torture, beatings, sexual assaults and killings” in support of the charge of persecutions as a crime against humanity ( 23(d), (h)).
• Additionally, the Prosecutor alleges living conditions in these detention facilities were “characterised by constant physical and psychological assault, including torture, beatings, and sexual assault” ( 40). These allegations support several charges, including torture as a crime against humanity and torture as a war crime ( 41).

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1 Prosecutor v. Milan Martic, Indictment, July 25, 1995,  15-18.

2 Prosecutor v. Milan Martic Judgment, June 12, 2007,  521.

GENDER JURISPRUDENCE AND
INTERNATIONAL CRIMINAL LAW PROJECT

American University Washington College of Law
4300 Nebraska Ave NW - Washington, DC 20016