List of Bosnian genocide prosecutions


This is a comprehensive list of prosecutions brought against individuals for the crime of genocide in Bosnia and Herzegovina, and international cases brought against states for the same crime. Additionally, civil law cases brought against individuals and states seeking damages, in relation to the crime of genocide, are also listed.

Bosnian Genocide Case

The Application of the Convention on the Prevention and Punishment of the Crime of Genocide , case 91, International Court of Justice Judgement returned on 26 February 2007.
The case before the International Court of Justice, the United Nations's highest judicial body, which exclusively hears disputes between states, related to Serbia's alleged attempts to wipe out the Bosnian Muslim population of Bosnia. It was filed by Dr. Francis Boyle, an adviser to Alija Izetbegović during the Bosnian War. The case was heard in the ICJ court in The Hague, Netherlands, and ended on 9 May 2006.
The ICJ presented its judgment on 26 February 2007, in which it confirmed the ICTY judgment that the Srebrenica massacre was genocide, stating:
The Court found that Serbia was neither directly responsible for Srebrenica genocide, nor that it was complicit in it, but it did rule that Serbia had committed the breach the Genocide Convention by failing to prevent the Srebrenica genocide, for not cooperating with the ICTY in punishing the perpetrators of the genocide, in particular in respect of General Ratko Mladić, and for violating its obligation to comply with the provisional measures ordered by the Court.

Individual indictment and convictions for the crime of genocide

International Criminal Tribunal for the former Yugoslavia

As of 9 May 2007 the International Criminal Tribunal for the former Yugoslavia had passed legally binding verdicts against six people indicted for genocide and crimes committed in Srebrenica since 1993. Trials against seven indictees are ongoing, and three are still to start. The overview of the case-law indicates that most of the convictions were done under the joint criminal enterprise doctrine and aiding and abetting mode of liability, and comparatively less under the command responsibility doctrine.

Krstić case

In 1998 General-Major Radislav Krstić was indicted for genocide, crimes against humanity and violations of the laws or customs of war, based on his alleged role in the events in and around the Bosniak enclave of Srebrenica between 11 July 1995 and 1 November 1995 at the ICTY. On August 2, 2001, after the Trial Chamber was convinced beyond any reasonable doubt that a crime of genocide was committed in Srebrenica, it had convicted Krstić of genocide, who became the first person thus convicted before the Tribunal, and sentenced him to 46 years in prison. The Appeals Chamber had, after upholding the Trial Chamber's finding that Bosnian Serb forces had carried out genocide in Srebrenica, among other things, reduced Krstić's responsibility for genocide and for the murder of the Bosnian Muslims from that of a direct participant to that of an aider and abettor, and shortened his sentence to 35 years in prison. Krsić was subsequently transferred to the United Kingdom to serve his prison sentence at Wakefield Prison, but was later transferred to Long Lartin Prison.

Popović et al. case

At the ICTY, the trial of several senior Serb military and police officers facing charges ranging from genocide to murder and deportation for the crimes committed in Srebrenica began 14 July 2006. Their names are:
  • Ljubiša Beara, was charged with one count of genocide or alternatively, complicity to commit genocide, four counts of crimes against humanity and One count of violations of the laws or customs of war. As Chief of Security of the Main Staff of the Bosnian Serb Army he "had responsibility for dealing with captured Bosnian Muslim prisoners from Srebrenica from 11 July 1995 until 1 November 1995". He was transferred to the ICTY on 10 October 2004 and made an initial appearance on 12 October 2004, when did not enter a plea. On further appearances on 9 November 2004 and 11 November 2004, he pleaded not guilty to the counts of the Indictment.
  • Ljubomir Borovčanin, was charged with one count of complicity in genocide, four counts of crimes against humanity and one count of violations of the laws or customs of war, because the Prosecutor of the ICTY "alleges that Ljubomir Borovcanin was present in and around the areas of Bratunac, Potocari, Sandici, Kravica, Srebrenica and Zvornik from 11 July to 18 July 1995. Units under his command were deployed in and around the areas of Potocari, Sandici, Kravica and Zvornik from 12 July to 18 July 1995. In the several days following the attack on Srebrenica, the VRS and Ministry of the Interior forces captured, detained, summarily executed, and buried over 7,000 Bosnian Muslim men and boys from the Srebrenica enclave, and forcibly transferred the Bosnian Muslim women and children of Srebrenica out of the enclave. The Indictment against Ljubomir Borovcanin refers to his alleged involvement in: opportunist killings in Potocari, opportunistic killings in Bratunac, wide-scale and organised killings in Potocari and Tisca, killings and mistreatment of prisoners captured along the Bratunac/Milici road and wide-scale and organised killings in the Zvornik area, as well as other opportunistic killings. Ljubomir Borovcanin, together with other VRS and MUP officers and units as identified in this Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, among other things: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995". He was transferred to the ICTY in the Hague on 1 April 2005.
  • Drago Nikolić, was a 2nd Lieutenant who served as Chief of Security for the Zvornik Brigade of the VRS and reported to Vinko Pandurevic. He was accused by the prosecutor at the ICTY of aiding and abetting genocide, extermination, murder, persecutions, forcible transfer, deportation. He surrendered on 15 March 2005 and was transferred to the ICTY on 17 March 2005. On 23 March 2005, did not enter a plea. On 20 April 2005 he pleaded not guilty to all charges and again on 4 April 2006.
  • Vinko Pandurević, was a Lieutenant Colonel in command of the Zvornik Brigade of the Drina Corps of the VRS. He was accused by the prosecutor at the ICTY for aiding and abetting genocide, extermination, murder, persecutions, forcible transfer, deportation. He surrendered on 15 March 2005 and was transferred to the ICTY on 17 March 2005. On 23 March 2005, he did not enter a plea. On 20 April 2005, pleaded not guilty to all charges; and again on 4 April 2006, pleaded not guilty to all charges.
  • Vujadin Popović, was charged "with Genocide or Complicity in Genocide; Murder, Persecutions, Forcible Transfer and Inhumane Acts as Crimes Against Humanity; and Murder as a Violations of the Laws or Customs of War... During the VRS attack on the Srebrenica enclave and the subsequent killings and executions of Bosnian Muslim men, Vujadin Popovic was a Lieutenant Colonel and was the Assistant Commander of Security on the staff of the Drina Corps. He was present and on duty in the Drina Corps zone of responsibility, which included Srebrenica, Potocari, Bratunac and Zvornik, from 11 July to 31 August 1995".
    Trial verdicts
The Trial Chamber made its ruling on 10 June 2010, by which it stated that "he scale and nature of the murder operation, the targeting of the victims, the systematic and organized manner in which it was carried out, and the plain intention to eliminate every Bosnian Muslim male who was captured or surrendered proves beyond reasonable doubt that members of the Bosnian Serb Forces, including members of the VRS Main Staff and Security Branch, intended to destroy the Muslims of Eastern Bosnia as a group."
As for the individual criminal responsibility the Chamber made the following rulings:
  • Vujadin Popović - found guilty, of genocide, conspiracy to commit genocide, and crimes against humanity: commissioned murder, commission of extermination, commission of the crime of persecution through murder and cruel and inhumane treatment. He was found not guilty of the following crimes against humanity: inhumane acts and deportation. He was sentenced to life imprisonment.
  • Ljubiša Beara - found guilty of genocide, conspiracy to commit genocide, and crimes against humanity: commission of extermination, commission of extermination, and commission of murder. He was found not guilty of the following crimes against humanity: inhumane acts and deportation. He was sentenced to life imprisonment.
  • Drago Nikolić - found guilty of aiding and abetting genocide, and guilty of crimes against humanity: extermination, persecution and murder. He was found not guilty on counts of conspiracy to commit genocide, and the crimes against humanity of: inhumane acts and deportation. He was sentenced to 35 years of imprisonment.
  • Ljubomir Borovčanin - found guilty of aiding and abetting crimes against humanity: extermination, persecution, inhumane acts and murder. He was found guilty, under his superior responsibility, on counts of murder, as a crime against humanity and murder, as a violation of the laws or customs of war. He was found not guilty on counts of genocide, conspiracy to commit genocide and deportation, a crime against humanity. He was sentenced to 17 years imprisonment.
  • Radivoje Miletić - found guilty, through committing, on counts of murder, as a crime against humanity, persecution, as a crime against humanity and inhumane acts, a crime against humanity. He was found not guilty on counts of murder, as a violation of the laws or customs of war and deportation, a crime against humanity. He was sentenced to 19 years imprisonment.
  • Milan Gvero - found guilty, of two counts of crimes against humanity. He was found not guilty on counts of murder, as a crime against humanity, murder, as a violation of the laws or customs of war and deportation, a crime against humanity. He was sentenced to 5 years imprisonment.
  • Vinko Pandurević - found guilty, of two counts of aiding and abetting crimes against humanity. He was found guilty of aiding and abetting murder as a crime against humanity and as a breach of the laws of war. He was also found guilty as a superior, of murder as a crime against humanity and as a breach of the laws of war. He was found not guilty on counts of genocide, conspiracy to commit genocide, and of extermination and deportation. He was sentenced to 30 years imprisonment.