Prosecutor v. Miodrag Jokić (the shelling of the Old Town of Dubrovnik, 6 December 1991)

Summary

Miodrag Jokić, an admiral who was appointed in October 1991 commander of the Ninth Naval Sector (VPS) Boka of the Yugoslav People's Army (JNA) navy, surrendered to the ICTY on 12 November 2001 and, on 27 August 2003, pleaded guilty to six counts concerning the shelling of Dubrovnik's Old Town on 6 December 1991. The counts were murder, cruel treatment, unlawful attack on civilians, devastation not justified by military necessity, unlawful attack on civilian objects (Count 5) and destruction or wilful damage to institutions dedicated to religion, charity, education, the arts and sciences, historic monuments and works of art and science (Count 6, the cultural property count). The Sentencing Judgement of Trial Chamber I (18 March 2004) sentenced him to a single sentence of seven years' imprisonment. It recorded that he knew the Old Town was a UNESCO World Cultural Heritage site (para 23) and described the Old Town (para 67) as "an undefended and culturally valuable site, thus especially protected under international law." On his appeal against sentence, the Appeals Chamber's Judgement on Sentencing Appeal (30 August 2005) dismissed all his grounds and affirmed the seven-year sentence, but vacated on its own motion the convictions on Counts 1 to 6 insofar as they rested on superior responsibility under Article 7(3). His proceedings had been separated, by order of 17 September 2003, from those of Pavle Strugar and Vladimir Kovačević (para 16).

Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia

Legal basis

According to the Sentencing Judgement, the six counts all charged violations of the laws or customs of war under Article 3 of the ICTY Statute, and Jokić pleaded guilty on the basis of both Article 7(1) (aiding and abetting, for acts and omissions before the shelling) and Article 7(3) (superior responsibility, for the lack of a prompt and proper response to the crimes and the failure to punish) (paras 9, 57-58). The judgement refers to the Old Town's status under the 1972 World Heritage Convention (para 23) and to buildings and walls bearing the protective symbols of the 1954 Hague Convention (para 23). In its footnote 62 the judgement notes that Articles 3(b) and 3(c) of the Statute give implicit protection to buildings of special cultural importance. The Appeals Chamber held that only one conviction under each count can be entered against him under Article 7(1) and vacated the convictions on Counts 1 to 6 insofar as based on Article 7(3) (src_04 para 27; see also the media summary, src_05). The text of the ICTY Statute (the page could not be opened in this session), of the 1954 Hague Convention and of the 1972 World Heritage Convention was not read for this entry, so no article text is quoted; the article numbers above are as cited in the judgements.

Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia

Outcome

TRIAL (Sentencing Judgement, IT-01-42/1-S, Trial Chamber I, 18 March 2004): the Chamber found the guilty plea valid under Rule 62 bis and entered a finding of guilt on each of Counts 1 to 6 of the Second Amended Indictment, including Count 6 (destruction or wilful damage to institutions dedicated to religion, charity, education, the arts and sciences, historic monuments and works of art and science). It "SENTENCES Miodrag Jokić to a single sentence of 7 (seven) years of imprisonment", with credit of 116 days in custody (para 116). The Prosecution had agreed to recommend a single sentence of 10 years (para 11). The Chamber stated that the Old Town was "an undefended and culturally valuable site, thus especially protected under international law" (para 67). On sentencing, it treated his leadership position as the only aggravating circumstance (paras 62, 68) and did not treat the Old Town's special status as an aggravating factor (para 67); it counted his voluntary surrender, guilty plea, remorse and cooperation as mitigating (para 103). The judgement is not consistent about when the Old Town was put on the World Heritage List: para 49 says 1975, and para 66 reports a Prosecution submission of 1979. APPEAL (Judgement on Sentencing Appeal, IT-01-42/1-A, Appeals Chamber, 30 August 2005; only Jokić appealed): the Appeals Chamber "vacates proprio motu, the Appellant's conviction under Counts 1 through 6" insofar as based on superior responsibility under Article 7(3), "dismisses all the grounds of appeal filed by the Appellant", and "affirms the sentence of seven years' of imprisonment" (disposition, as read in court on 30 August 2005). The Chamber found the vacating had no impact on the sentence (src_04 para 31). The grounds concerned the scope of the indictment, the use of the SFRY Criminal Code, the weight of agreed mitigating factors, health and family circumstances, good character, and post-judgement cooperation in the Strugar case. The Appeals Chamber text read does not discuss the World Heritage listing, and no separate opinions are mentioned in the materials read. EXECUTION: per the ICTY case information sheet, transferred to Denmark on 5 October 2006 to serve the rest of his sentence; early release granted 1 September 2008 (actual release date not established by the pages read).

Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia

Timeline

1. 6 December 1991
   Shelling of the Old Town

   In the Sentencing Judgement the Trial Chamber recorded that JNA forces "under the command of, among others" Miodrag Jokić unlawfully shelled the Old Town of Dubrovnik on 6 December 1991 (para 26); forces under his command fired hundreds of shells that struck the Old Town (para 22). It recorded two civilians killed, three wounded, six buildings in the Old Town destroyed in their entirety and more than 100 buildings damaged (paras 27, 53).

   Sources: International Criminal Tribunal for the former Yugoslavia

2. 27 February 2001
   Initial indictment confirmed

   The Sentencing Judgement (para 1) and the ICTY case information sheet give 27 February 2001 as the date the initial indictment was confirmed; it was unsealed (made public) on 2 October 2001. The charges in the original indictment allegedly occurred between 1 October and 31 December 1991 (Sentencing Judgement, footnote 2).

   Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia

3. 2 October 2001
   Indictment made public

   The Sentencing Judgement (para 1), the case information sheet and the ICTY case page give 2 October 2001 for the unsealing/public release of the indictment.

   Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy website)

4. 12 November 2001
   Voluntary surrender

   Jokić surrendered to the Tribunal on 12 November 2001 (case information sheet; ICTY case page). The case information sheet reports that at his initial appearance on 14 November 2001 he pleaded not guilty to the sixteen counts then charged, but its summary table states that he pleaded guilty to all counts at that appearance; the sheet is internally inconsistent on this point and the plea at that hearing is not confirmed by the Sentencing Judgement.

   Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia (legacy website)

5. 31 March 2003
   Amended indictment filed

   The Sentencing Judgement records the Amended Indictment as filed on 31 March 2003 (para 4).

   Sources: International Criminal Tribunal for the former Yugoslavia

6. 27 August 2003
   Guilty plea and Second Amended Indictment

   At the plea hearing of 27 August 2003 the Prosecution applied orally to amend the indictment; Jokić pleaded guilty to Counts 1 to 6 of the Second Amended Indictment under a Plea Agreement (which the judgement dates 25 August 2003 and records as filed jointly on 27 August 2003). The Prosecution agreed to recommend a single sentence of 10 years (para 11). The Chamber was satisfied the plea conformed to Rule 62 bis and entered a finding of guilt on each count (para 14).

   Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy website)

7. 17 September 2003
   Case separated from Strugar and Kovačević

   The Sentencing Judgement records that, by an order of 17 September 2003, the proceedings against Jokić were separated from those against Pavle Strugar and Vladimir Kovačević (para 16); it also notes that Jokić was originally charged together with Strugar, Milan Zec and Kovačević (para 1).

   Sources: International Criminal Tribunal for the former Yugoslavia

8. 18 March 2004
   Sentencing Judgement

   Trial Chamber I sentenced Jokić to a single sentence of seven years' imprisonment, with credit for 116 days spent in custody (para 116).

   Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia

9. 30 August 2005
   Judgement on Sentencing Appeal

   The Appeals Chamber vacated proprio motu the convictions on Counts 1 to 6 insofar as based on superior responsibility under Article 7(3), dismissed all grounds of appeal, and affirmed the seven-year sentence.

   Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia

10. 5 October 2006
    Transfer to Denmark

    The ICTY case information sheet and case page record his transfer to Denmark on 5 October 2006 to serve the rest of his sentence.

    Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication), International Criminal Tribunal for the former Yugoslavia (legacy website)

11. 1 September 2008
    Early release granted

    The French-language case information sheet reads "libération anticipée accordée le 1er septembre 2008" (early release granted on 1 September 2008). The sheet read does not state the date he was actually released.

    Sources: International Criminal Tribunal for the former Yugoslavia (Service de Communication)

Connected pages

• Croatia — territory where the shelling of Dubrovnik occurred
• Montenegro — location of the Ninth Naval Sector (VPS) Boka, which the accused commanded (the Sentencing Judgement, para 19, describes it as "Boka, Montenegro")
• Old City of Dubrovnik — heritage site