The Accused Milan BABIC, born on 26 February 1956 in Kukar, municipality of Sinj in Croatia Voluntary surrender: 26 November 2003 Initial Appearance: 26 November 2003, did not yet enter a plea. 27 January 2004: entered a guilty plea on one count of persecutions as a crime against humanity. Sentencing Judgement: 29 June 2004, 13 years’ of imprisonment Appeals Judgement: 18 July 2005, 13 years' of imprisonment affirmed.

INDICTMENT AND CHARGES

In October 2001, Milan Babic initiated contacts with the Tribunal after learning that he had been named as a co-perpetrator in one of the indictments issued in September 2001 against Slobodan Milosevic (see case IT-02-54) in relation to the crimes committed in Croatia. Milan Babic agreed to be interviewed by the Prosecution and to testify in the Milosevic case.

The Office of the Prosecutor issued an indictment against Milan Babic on 17 November 2003. The indictment charged him with crimes committed in the Krajina region of Croatia from August 1991 to February 1992.

Milan Babic was charged on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) with:

• Persecutions on political, racial and religious grounds (crimes against humanity, Article 5),
• Murder; cruel treatment; wanton destruction of villages, or devastation not justified by military necessity; destruction or wilful damage done to institutions dedicated to education or religion (violations of the laws or customs of war, Article 3).

PLEA AGREEMENT/GUILTY PLEA

The Tribunal's Rules of Procedure and Evidence provide for a plea agreement procedure (Rule 62ter). The Prosecutor and the Defence may agree that, upon the accused entering a plea of guilty to one or more counts of the indictment, the Prosecutor can apply to the Trial Chamber to amend the indictment accordingly and ask for a sentence within a specific range or agree to the sentencing range suggested by the Defence. The Trial Chamber is not bound by any such agreement.

Milan Babic negotiated a plea agreement with the Prosecution in January 2004. In the first version of the plea agreement, Milan Babic admitted to having aided and abetted the crime of persecutions, committed by a joint criminal enterprise, as charged in count 1 of the indictment. The plea agreement was modified a few days later, when Milan Babic agreed to revise his plea of guilty to that of a co-perpetrator in the joint criminal enterprise. The goal of the joint criminal enterprise was the forcible permanent removal of non-Serb populations from approximately one-third of Croatia, in order to transform the acquired territory into a Serb-dominated state through the commission of crimes.

On 27 January 2004 Milan Babic entered a guilty plea to count 1 of persecutions on political, racial and religious grounds as crimes against humanity (see Press Release No. 818). The following day the Trial Chamber accepted the plea agreement and the remaining counts of the indictment were withdrawn. Milan Babic was found guilty as a co-perpetrator of persecutions as crimes against humanity and added that the crime of persecutions was committed within the objectives of the joint criminal enterprise. The Prosecution recommended a sentence of no more than 11 years and The Defence made no specific recommendation (see Press Release No. 819).

As part of his guilty plea, Milan Babic provided a factual basis. In the period from August 1991 to February 1992, Serb forces attacked and took control of towns, villages, and settlements in the Krajina region. After the take-over, the Serb forces, in cooperation with the local Serb authorities, commenced persecutions to drive the non-Serb populations from the region. The persecutions resulted in the murder or extermination of hundreds of non-Serb civilians in Dubica, Cerovljanji, Bacin, Saborsko, Poljanak, Lipovača, and in other places. They also caused the routine and prolonged imprisonment of hundreds of non-Serb civilians in inhumane conditions in the old hospital and the Yugoslavian National Army (JNA) army barracks in Knin, and the deportation or forcible transfer of thousands of non-Serb civilians from the Krajina region. There was as well deliberate destruction of homes and other public and private property, including objects of cultural value to Croat and other non-Serb populations. In December 1991, the Serb authorities proclaimed the territory that had thus come under their control as the "Republic of Serbian Krajina".

In February 1990, Milan Babic became a prominent political figure in the Serbian Democratic Party (SDS) in Croatia. He held a senior position in the SDS municipal committee in Knin. In July 1990, he became President of the Serbian National Council. In February 1991, he began to advocate the creation of an independent Serbian state in the so-called Serb Autonomous Region of Krajina. Then, in April 1991, he was elected President of the Executive Council of that self-declared region, and in May 1991 became President of its administration or government. Several months later he became commander-in-chief of the self-declared region’s armed forces. Finally, in December 1991, he became President of the so-called Republic of Serbian Krajina. During the relevant period he was one of the highest-ranking and most influential Serb politicians in the region.

Milan Babic admitted that from August 1991 to February 1992, he contributed to the persecution of Croat and other non-Serb populations in the following ways:
- He formulated, promoted, participated in, and encouraged the development and implementation of policies which advanced the objective of the joint criminal enterprise, which was to forcibly and permanently remove the majority of Croat and other non-Serb populations from approximately one-third of Croatia;
- He was instrumental in the establishment, support, and maintenance of the bodies that ruled the so-called Serb Autonomous Region of Krajina and that implemented the objective of the joint criminal enterprise;
- He assisted in the re-organization and recruitment of the Territorial Defence (TO) forces that participated in the crimes;
- He cooperated with the commander of the so-called “Martic Police”, who according to Milan Babic was involved in the commission of crimes;
- He participated in the provision of financial, material, logistical, and political support for the military take-over of territories;
- He requested the assistance or facilitated the participation of JNA forces in establishing and maintaining control of the territories;
- He made ethnically inflammatory speeches at public events and in the media – propaganda which helped the unleashing of violence against the Croat population and other non-Serbs;
- Finally, he encouraged and assisted in the acquisition of arms and their distribution to Serbs to further the campaign of persecutions.

Milan Babic admitted that he knowingly and intentionally participated in the campaign of persecutions. He was aware that crimes such as mistreatment in prisons, deportations, forcible transfer, and the destruction of property, as described in the indictment, were being committed. He knew that civilians were killed in the course of the forcible removal of non-Serb civilians, and that such killings were the likely outcome of the campaign of persecutions. However, he maintained that he had no knowledge of the specific murders referred to in the indictment. He further admitted that the crime of persecutions was committed within a joint criminal enterprise, and that he substantially participated in that enterprise as a co-perpetrator.

TRIAL CHAMBER SENTENCING JUDGEMENT

On 29 June 2004, the Trial Chamber sentenced Milan Babic to a sentence of 13 years’ imprisonment. He is entitled to credit for 211 days served in detention prior to his sentencing (see Press Release No. 861).

APPEALS CHAMBER JUDGEMENT

On 3 September 2004, Milan Babic filed a notice of appeal against the Trial Chamber's judgement and sentence.
On 18 July 2005 the Appeals Chamber affirmed by majority, Judge Mumba dissenting, the Trial Chamber’s sentence of 13 years' imprisonment. Credit was given for time served since his surrender on 26 November 2003. (see Press Release No. 989).

On 5 March 2006, Milan Babic committed suicide in his cell at the UN Detention Unit. (see Press Release No. 1046).

Appeals Chamber

Judge Florence Ndepele Mwachande Mumba (Presiding)
Judge Fausto Pocar
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Wolfgang Schomburg

Counsel for the Prosecution

Mark J. McKeon
Xavier Tracol
Kristina Carey

Counsel for the Defence

Peter Michael Müller
Robert Fogelnest