CONTENTS

I. INTRODUCTION

II. THE ACCUSED

III. PROCEDURAL HISTORY

A. Overview of the Proceedings
B. Plea Agreement
C. Testimony of the Accused
D. Sentencing Hearing
E. Continued Sentencing Hearing

IV. GUILTY PLEA AND PLEA AGREEMENT

V. THE FACTS

A. The Political Career of the Accused
B. Political Background
C. Preparations for Persecutions in Glogova
D. Acts of Persecutions

1. Attack on the Village of Glogova
2. Killing of Bosnian Muslim Civilians in Glogova

(a) Killing of Medo Delic, Seco Ibisevic, Zlatija Ibisevic and Adem Junuzovic
(b) First Mass Killing
(c) Second Mass Killing
(d) Third Mass Killing

3. Forcible Displacement of Civilians from Glogova
4. Destruction of an Institution Dedicated to Religion (the Mosque) and Other Muslim Property

E. Events Following the Attack on Glogova
F. Meeting in Pale

VI. THE LAW

A. Legal Basis
B. Trial Chamber’s Findings

VII. INDIVIDUAL CRIMINAL RESPONSIBILITY OF THE ACCUSED

VIII. SENTENCING LAW

A. The Individual Guilt of an Accused and the Principle of Proportionality
B. Principles and Purposes

1. Submissions of the Parties
2. Discussion

(a) Deterrence
(b) Retribution

C. Article 24 of the Statute and Rule 101 of the Rules
D. Gravity of the Crime, Aggravating and Mitigating Factors
E. Sentencing Ranges

1. Former Yugoslavia
2. The Applicability of the Principle of lex mitior
3. Other Countries

IX. FACTS RELATED TO THE INDIVIDUAL CONDUCT OF THE ACCUSED

A. Gravity of the Offence and Aggravating Circumstances

1. Submissions of the Parties
2. Discussion

(a) Large Number of Victims
(b) Deronjic’s Superior Position as a Political Leader in the Municipality of Bratunac
(c) Miroslav Deronjic’s Role in the Disarmament of the Citizens of Glogova
(d) Deronjic’s Role in Ordering the Attack on Glogova
(e) Deronjic’s Role during the Attack on Glogova
(f) Vulnerability and Helplessness of the Victims of the 9 May 1992 Attack on Glogova
(g) Long-term Effects of the 9 May 1992 Attack on Glogova on the Victims

3. Conclusion

B. Mitigating Circumstances

1. Guilty Plea

(a) Submissions of the Parties
(b) Discussion

(i) Analysis of the country reports submitted by the Max Planck Institute
(ii) Jurisprudence of the International Tribunals

(c) Conclusion

2. Substantial Co-operation by the Accused

(a) Submissions of the Parties
(b) Discussion

(i) Provision of unique and corroborative information to the Prosecution
(ii) Testimony of Miroslav Deronjic in other proceedings before the Tribunal
(iii) Provision of original documentation to the Prosecution
(iv) Identification of new crimes and perpetrators unknown to the Prosecution

3. Contribution to Prevention of Revisionism of Crimes Committed in Srebrenica

(a) Submissions of the Parties
(b) Discussion

4. Remorse

(a) Submissions of the Parties
(b) Discussion

5. No Opportunity for Voluntary Surrender

(a) Submissions of the Parties
(b) Discussion

6. The Accused’s Character, Behaviour and Possibility for Rehabilitation

(a) Submissions of the Parties
(b) Discussion

7. General Conclusion

X. DETERMINATION OF SENTENCE

A. Submissions of the Parties
B. Discussion and Conclusion
C. Credit for Time Served Since Arrest

XI. DISPOSITION

XII. LIST OF KNOWN MURDERED PERSONS

DISSENTING OPINION OF JUDGE SCHOMBURG

A. Introduction
B. Discussion

1. The Duty of the Prosecutor
2. The Appropriate Sentence for the Crimes to which the Accused has Pleaded Guilty

(a) Guilty Plea
(b) Co-operation with the Tribunal
(c) Remorse

C. Conclusion

SEPARATE OPINION OF JUDGE MUMBA

ANNEXES

A. List of Cited Court Decisions

1. ICTY
2. ICTR
3. Other Decisions

B. List of Other Legal Authorities
C. List of Abbreviations