Pavle STRUGAR,
born on 13 July 1933
in Pec, Kosovo
 |
| Date
of voluntary surrender: 21 October 2001
Transferred to ICTY: 21 October 2001
Initial Appearance: 25 October 2001, pleaded “not
guilty” to all six counts of violation of the
laws of war
Provisionally released: 1 December 2001 until
12 December 2003
Judgement: 31 January 2005, sentenced to eight years’
imprisonment |
Milan ZEC,
born on 20 September 1943 in Cajnice, Bosnia and Herzegovina
|
| Indictment
against him withdrawn: 26 July 2002 |
Miodrag
JOKIC
See Jokic case IT-02-42/1
|
Vladimir
KOVACEVIC,
See Kovacevic case IT-02-42/2 |
|
Pavle Strugar was originally indicted together with Miodrag
Jokic and Vladimir Kovacevic
The Indictment ("Dubrovnik")
On 26 July 2002, Judge El Mahdi ordered that the Indictment against
Milan Zec be withdrawn following a confidential Prosecution Motion
on 18 July 2002.
Factual allegations:
The Second Amended Indictment, filed on 17 October 2003 pursuant
to a Trial Chamber Decision of 13 October 2003, alleges that forces
of the Yugoslav Peoples’ Army ("JNA") under the
command of Pavle Strugar, Miodrag Jokic and Vladimir Kovacevic launched
an attack against the Dubrovnik region of Croatia from Montenegro,
Bosnia and Herzegovina, and from the Adriatic Sea on 1 October 1991.
The forces under their command included regular JNA land and naval
units, as well as Territorial Defence units from the Republic of
Montenegro and the Socialist Republic of Bosnia and Herzegovina,
paramilitary units, police and special police units that were subordinated
to the JNA.
It is alleged that between 6 December and 31 December 1991, JNA
forces killed and wounded numerous civilians in and around the city
of Dubrovnik through acts of unlawful shelling. Further, during
the course of the attacks on Dubrovnik from 23 October 1991 through
6 December 1991, hundreds of approximately 1,000 shells fired by
the JNA forces impacted in the Old Town area of the city. The Old
Town of Dubrovnik is a UNESCO World Cultural Heritage Site in its
entirety.
An analysis conducted by the Institute for the Protection of Cultural
Monuments, in conjunction with UNESCO, found that, of the 824 buildings
in the Old Town, 563 (or 68.33 per cent) had been hit by projectiles
in 1991 and 1992. Six buildings were completely destroyed by fire.
In 1993, the Institute for the Rehabilitation of Dubrovnik, in conjunction
with UNESCO, estimated the total cost for restoring public and private
buildings; religious buildings; streets, squares, and fountains;
and ramparts, gates, and bridges at 9,657,578 US dollars.
According to the Indictment, Pavle Strugar, in October 1991, was
appointed as the Commander of the Second Operational Group which
was formed by the JNA to conduct the military campaign against the
Dubrovnik region of Croatia.
Charges:
The Indictment charges Pavle Strugar on the basis of his
individual criminal responsibility (Article 7(1) of the Statute
of the Tribunal) and his superior criminal responsibility (Article
7(3)) with:
 Six counts
of violations of the laws or customs of war (Article 3 –
murder; cruel treatment; attacks on civilians; devastation not
justified by military necessity; unlawful attacks on civilian
objects; destruction or wilful damage done to institutions dedicated
to religion, charity, and education, the arts and sciences, historic
monuments and works of art and science)
Separation of cases
On 17 September 2003, the Trial Chamber ordered the separation
of the case and the Registrar assigned case number IT-01-42/1
to the Jokic case on 18 September 2003.
On 26 November 2003, the Trial Chamber ordered the separation
of the Kovacevic case and the Registrar assigned case number IT-01-42/2
the same day.
The Trial
The Trial against Pavle Strugar commenced on 16 December
2003. The Prosecution case ended on 18 May 2004 and the Defence
case and the Defence case commenced on 28 June 2004 and ended
on 23 July 2004.
Judgement
On 31 January 2005, the Trial Chamber found Pavle Strugar
guilty pursuant to Article 7(3) of the Statute of one count of
attacks on civilians, and one count of destruction or wilful damage
done to institutions dedicated to religion, charity and education,
the arts and sciences, historic monuments and works or art and
science (both counts are violations of the laws or customs of
war under Article 3 of the Statute). He was sentenced to eight
years’ imprisonment.
Trial Chamber I:
Judge Kevin Parker (Presiding), Australia
Judge Krister Thelin, Sweden
Judge Christine Van Den Wyngaert, Belgium
Counsel for the Prosecution:
Mrs. Susan Somers
Mr. Philip Weiner
Counsel for the Defence:
Mr. Goran Rodic
Mr. Vladimir Petrovic |
