JOINT CRIMINAL ENTERPRISE - BOSNIA AND HERZEGOVINA IN CROATIA'S GREAT STATE PROJECT

The International Criminal Tribunal for the former Yugoslavia (ICTY / ICTY) has indicted Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćorić and Berislav Pušić. Indictees are charged with individual criminal responsibility (Article 7 (1) of the Statute) and criminal responsibility of a superior (Article 7 (3) of the Statute) for crimes against humanity: persecution on political, racial and religious grounds; killing; rape; deportation; inhumane acts; inhumane acts (forcible transfer); inhumane acts (conditions of detention); imprisonment, violations of the laws or customs of war: cruel treatment; cruel treatment (conditions of detention); illegal physical labor; reckless destruction of towns, settlements or villages, or devastation not justified by military necessity; destruction or willful damage to institutions dedicated to religion or education; looting of public and private property; unlawful attack on civilians (Mostar); unlawful terrorism of civilians (Mostar); cruel treatment (siege of Mostar), violations of the Geneva Conventions: willful deprivation of life; inhuman treatment (sexual abuse); unlawful deportation of civilians; illegal transfer of civilians; unlawful detention of civilians; inhuman treatment; inhuman treatment (conditions of detention); destruction of large-scale property that is not justified by military necessity, and was carried out illegally and recklessly; confiscation of property that is not justified by military necessity, and was performed illegally and ruthlessly. The trial began on April 26, 2006. The Trial Chamber's judgment of 29 May 2013 concluded that the conflict between the Croatian Army / Croatian Defense Council (HV / HVO) and the Army of the Republic of Bosnia and Herzegovina (ARBiH) was of an international character. The factual evidence unequivocally showed that HV forces fought together with HVO members against ARBiH, and that the Republic of Croatia exercised general control over the armed forces and civilian authorities of the Croatian Community/Croatian Republic (HZ/HR) of Herceg-Bosna. The Council also found that there was a joint criminal enterprise (JCE) with the ultimate goal of establishing a Croatian entity, partly within the 1939 Croatian Banovina, to enable the unification of the Croatian people. The ultimate goal was the annexation of this area to the territory of the Republic of Croatia in case of disintegration of the Republic of Bosnia and Herzegovina (which corresponded to great state claims), or alternatively to make this area an independent state within Bosnia and Herzegovina, closely connected with Croatia. As early as December 1991, members of the HZ Herceg-Bosna leadership (including Mate Boban, president of HZ/HR Herceg-Bosna) and Croatian leaders (including Franjo Tuđman, president of Croatia) assessed that in order to achieve the ultimate goal of establishing a Croatian entity it is necessary to change the national composition of the population in the areas that were calculated to be part of it. JCE participants knew that achieving this goal means removing the Bosniak population from the area of the so-called Herceg-Bosna and that it is in contradiction with the peace negotiations that were held in Geneva. Numerous crimes committed from January 1993 to April 1994 indicate an obvious pattern of behavior where the commission of a crime was the outcome of a plan prepared by JCE participants. The Trial Chamber found that all persons covered by the Indictment made a significant contribution to the implementation of the JCE and that their contribution indicated that they had the intent to pursue a common criminal purpose.