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Maktouf case, Court of Bosnia and Herzegovina, 4 April 2006
Court of Bosnia and Herzegovina (last accessed on 23.09.2013)

On 4 April 2006, the Appellate Division of the Court of Bosnia and Herzegovina passed sentence in a case involving a citizen of Bosnia-Herzegovina convicted of war crimes for having intentionally helped abduct civilians. Court of Bosnia and Herzegovina, Maktouf, No. KPŽ 32/05, 4 April 2006 The Court sentenced him to five years imprisonment.

Referring to past ICTY decisions Prosecutor v. Kordic and Cerkez , ICTY, case No. IT-95-14/2 (Trial Chamber), 26 December 2001 [particularly para. 145 and 146-added] confirmed by the Appeals Chamber, case No. IT-95-14/2-A, 17 December 2004 [particularly para. 374 – added] and to an agreement between the warring parties, the Court found no grounds for disputing that at the time of the events, in 1993, an international conflict had existed between Bosnian Croats and Bosniaks in the Travnik area.

Regarding the status of the abducted persons, the Court held that, while they had been members of the Croatian Defence Council, the facts clearly showed that they should be considered as civilians, since at the moment of their abduction they were not present in the combat zone, were not wearing uniforms and were not armed. Referring to the values upheld by IHL, in particular those enshrined in Article 3 common to the four Geneva Conventions, and basing itself on Articles 31 and 173 of the Criminal Code of Bosnia-Herzegovina, the Court concluded that the accused had been accessories to war crimes against civilians.

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application/pdf 1,061 KB Maktouf case - Decision of 4 April 2006.pdf