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Lucic case, Court of Bosnia and Herzegovina, 19 September 2007
Court of Bosnia and Herzegovina  (last accessed on 23.09.2013)

On 19 September 2007, a Trial Panel of the War Crimes Section of the Court of Bosnia and Herzegovina sentenced a local commander of the Croat Defence Council Military Police to six years imprisonment for crimes against humanity, including unlawful deprivation of liberty, torture and other inhumane acts committed against Bosniak civilians. In establishing the constituent elements of the crimes, the court referred to Article 1 common to the 1949 Geneva Conventions and the absolute obligation to "respect and ensure respect for the present Convention in all circumstances" without any condition of reciprocity. The court held the view that the unlawful behaviour of the party under attack had no relevance to the existence of a widespread and systematic attack against any civilian population as a constituent element of crimes against humanity.

In the course of the trial, the Panel decided ex officio to refuse a motion calling upon a representative of the International Committee of the Red Cross to be examined as a witness given the nature of his activities as an ICRC delegate during the armed conflict. The Panel determined that introducing confidential ICRC information in the court's proceedings, without prior consent from the organization, would seriously jeopardize the role of the Red Cross and its ability to carry out its mandate under international law.

File TypeSizeFile Name
application/pdf 3,254 KB Lucic case - Decision of 19 September 2007.pdf