Former Yugoslav Army Official Convicted of Crimes Against Humanity

By Terance Walsh
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands – Momcilo Perisic, the former head of the Yugoslav Army from August 1993 to November 1998, was convicted on Tuesday by an international tribunal at the Hague of crimes against humanity.  Perisic had pleaded not guilty to the charges and now faces 27 years in prison.

Momcilo Perisic (Photo Courtesy of The New York Times)
Momcilo Perisic (Photo Courtesy of The New York Times)

The conviction was connected to attacks on civilians in Sarajevo and Srebrenica by soldiers under Perisic’s command.  The court held that Perisic “knowingly aided and abetted the crimes of murder, inhumane acts and attacks on civilians” during a campaign in Sarajevo and abetted the “persecution and extermination” of people in Srebrenica in 1995.  He was also convicted for failing to discipline his subordinates for murder and attacks on civilians, and injuring civilians during rocket attacks on Zagreb in May 1995.  The conviction was the first by the tribunal of a Yugoslav official in relation to crimes committed in Bosnia-Herzegovina.

The court held that Perisic coordinated the Yugoslav Army’s logistical assistance to the Army Rupublika Srpska (VRS) and the Army of Serbian Krajina (SVK).  The assistance included supplying VRS and SVK with arms, ammunition, and training.  The logistical connection grew “more centralized, structured, and coordinated under General Perisic’s tenure,” according to presiding Judge Bakone Moloto.

Throughout the trial, Prosecutor Mark Harmon argued that Perisic did not have a direct role in the crimes but should nevertheless be held responsible.

“He never personally killed anyone, he never personally set fire to a house in Bosnia and Croatia, [but he] aided and abetted those who did all these things,” Mr. Harmon said.  “This form of participation should not mitigate his responsibility.”

The judgment states “the VRS regularly made no distinction between civilian and military targets. In fact, it targeted Bosnian Muslim civilians as a matter of course . . . .  [T]he crimes charged in this case were not perpetrated by rogue soldiers acting independently. Rather, they were part of a lengthy campaign overseen by top VRS officers on the Yugoslav Army’s payroll, including General Mladic.”

Although Perisic was convicted of aiding and abetting murder and inhumane acts, a superior-subordinate relationship between the VRS and its leader Ratko Mladic, who was recently indicted for genocide in Srebrenica, was not established beyond a reasonable doubt.  This meant that Perisic could not be convicted as a superior in relation to the crimes.

After relying on witness testimony and other sources of information, the trial court concluded that the operations carried out by VRS were systematic.  Perisic’s role was essential to the success of the VRS’s endeavors.  Judges Michele Picard of France and Pedro David from Argentina formed the majority of the court that found Perisic guilty while Judge Moloto dissented.

The verdict was especially of interest to Serbia, Croatia, and Bosnia-Herzegovina.  Serbia and Croatia are currently mutually suing each other for genocide at The Hague.  A suit between Bosnia-Herzegovina and Serbia recently concluded with the court holding that Serbia was not directly responsible for genocide but had failed to take adequate measures to prevent it.

Serbian official Dusan Ignjatovic expressed relief over Perisic’s acquittal of being a superior in relation to the crimes.  “It is also important that the trial chamber acquitted Perisic of assistance in the extermination in Srebrenica,” he said.  Ignjatovic, however, was surprised that Perisic was held responsible for the attacks on Zagreb.

Belgrade Humanitarian Law Fund director Natasa Kandic reacted differently from Ignjatovic, finding liability for the attacks on Zagreb to be “appropriate.”

Bosnian officials maintain that Perisic should have received a more severe sentence.  “Any sentence is too mild for what was done in Sarajevo and Srebrenica,” said Amir Zukic, Party of Democratic Action of Bosnia Herzegovina senior official.

Perisic plans to appeal his conviction.  The decision to appeal must be made within thirty days.  “If aiding and waging a war are qualified as crimes it can seriously reflect on international relations, ” defense attorney Novak Lukic said.  “If you put things like that, than everything that is going on in Libya and Afghanistan and helping those wars needs to be taken seriously. This will be one of the main strategies in the appeal process, we believe that the Appeals Chamber will look at it more rationally.”

Born in Serbia in 1944, Perisic graduated from the military academy in 1966.  He took over command of the Yugoslav Army in 1993 during the wars in Bosnia and Croatia.  Throughout the 1990s he was one of Yugoslav President Slobodan Milosevic’s closest allies.  However, Milosevic removed Perisic from his position in 1998 during an apparent crackdown on opposition.  In 2000 Perisic formed a pro-democracy party that helped to oust Milosevic and became deputy prime minister of Serbia.  He was arrested in 2002 under suspicion of selling state secrets to the United States.

For more information please see:

B92 — Ex-Yugoslav Army Chief’s Defense to File Appeal — 7 September 2011

Southeast European Times — Former Yugoslav Chief of Staff Gets 27 Years in Prison — 7 September 2011

BBC — Serbian General Perisic Jailed for 27 Years at Hague — 6 September 2011

International Criminal Tribunal for the former Yugoslavia — Tribunal Convicts Momcilo Perisic for Crimes in Bosnia and Herzegovina and Croatia — 6 September 2011

The New York Times — Serbian Official Convicted of War Crimes — 6 September 2011

Author: Impunity Watch Archive