Prosecutor v. Pavle Strugar (the shelling of the Old Town of Dubrovnik, 6 December 1991)

Summary

Pavle Strugar, a Yugoslav People's Army general, was tried at the ICTY over the 1991 attack on the Dubrovnik region, including the shelling of the Old Town on 6 December 1991. In its Trial Judgement of 31 January 2005, Trial Chamber II convicted him under Article 7(3) (superior responsibility) of attacks on civilians (Count 3) and destruction or wilful damage to institutions dedicated to religion, charity and education (Count 6), and sentenced him to eight years. When summarising its judgment the Chamber stated that the Old Town "in its entirety was entered onto the World Heritage List in 1979" and that "every building of the Old Town, including its walls, are properly characterised as cultural property." On appeal, the Appeals Chamber's Judgement of 17 July 2008 dismissed all of Strugar's grounds (Judges Meron and Kwon dissenting on one), allowed the Prosecution's first and second grounds, entered two further convictions (Counts 4 and 5) and replaced the sentence with seven and a half years. The appeal materials read do not discuss the World Heritage listing.

Sources: International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT), International Criminal Tribunal for the former Yugoslavia / IRMCT, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy page maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, UNESCO World Heritage Centre

Legal basis

The charges were brought under Article 3 of the ICTY Statute (violations of the laws or customs of war). As reproduced in the ICTY's consolidated Statute, Article 3(d) lists "seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science"; Article 3(b) lists "wanton destruction of cities, towns or villages, or devastation not justified by military necessity." Strugar was charged under Article 7(1) (individual responsibility) and Article 7(3), under which a superior is not relieved of responsibility for a subordinate's acts if he "knew or had reason to know" the subordinate was about to commit them or had done so and failed to take necessary and reasonable measures to prevent or punish. Paragraph 30 of the March 2003 amended indictment alleged that some buildings and city-wall towers bore protective symbols under the 1954 Hague Convention. The text of that Convention was not read for this entry. Trial Judgement counts are numbered 1 to 6; Count 6 is the cultural property count (the 31 March 2003 indictment numbered the corresponding count differently).

Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

Outcome

TRIAL (Trial Judgement, IT-01-42-T, 31 January 2005, as pronounced): guilty under Article 7(3) of Count 3 (attacks on civilians) and Count 6 (destruction or wilful damage done to institutions dedicated to religion, charity and education); "a single sentence of eight years imprisonment"; the ICTY press release summary states that the Chamber was satisfied the elements of Counts 1, 2, 4 and 5 had been established under Article 7(3) but did not record a finding of guilty on them, and did not find him guilty under Article 7(1) on any count. The Chamber stated that the Old Town was entered on the World Heritage List in 1979, that every building including its walls is properly characterised as cultural property, that of 116 specified buildings and structures 52 were damaged and six destroyed on 6 December 1991, and that "the destruction or damage of property in the Old Town on 6 December 1991 was not justified by military necessity." APPEAL (Appeals Judgement, IT-01-42-A, 17 July 2008, as pronounced): all grounds of appeal submitted by Strugar dismissed, Judges Meron and Kwon dissenting on the third ground (failure to take measures for the events of 6 December 1991); the Prosecution's first ground allowed (the Trial Chamber erred in law on the mens rea test under Article 7(3); the Appeals Chamber said it in effect extended Strugar's responsibility to prevent the shelling from 7.00 a.m. to midnight on 6 December 1991, with no impact on sentence); the Prosecution's second ground allowed and convictions entered under Count 4 (devastation not justified by military necessity) and Count 5 (unlawful attacks on civilian objects) pursuant to Article 7(3), the Appeals Chamber agreeing with the Prosecution that these convictions are based on the same criminal conduct and add nothing to the gravity of the crimes; the Prosecution's third ground dismissed; sentence replaced by seven and a half years, with his deteriorating health treated as mitigating. On Count 6, the Appeals Chamber summary states that the mens rea for destruction or wilful damage to cultural property is established where the damage targeted cultural property intentionally ("either deliberately or recklessly"), and that Strugar failed to show the Trial Chamber's findings that the perpetrators acted knowingly were unreasonable. The written Appeal Judgement and the full written Trial Judgement sections on the law of Count 6 were not read; no holding on the World Heritage listing by the Appeals Chamber could be confirmed from the materials read.

Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy page maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

Timeline

1. 1979
   Old Town entered on the World Heritage List

   The Trial Chamber stated, when summarising its judgment, that the Old Town of Dubrovnik "in its entirety was entered onto the World Heritage List in 1979". UNESCO's site page gives 1979 as the date of inscription, and decision 3 COM XII.46 lists no. 95, Old City of Dubrovnik (Yugoslavia), among the properties entered on the List.

   Sources: International Criminal Tribunal for the former Yugoslavia, UNESCO World Heritage Centre, UNESCO World Heritage Centre

2. 6 December 1991
   Shelling of the Old Town

   The Trial Chamber found that the Old Town was shelled by JNA forces on 6 December 1991, in the context of an attack on Srd (Srđ) that the infantry units of the 3rd Battalion of the 472nd Motorised Brigade carried out; the Appeals Chamber's summary of the Trial Judgement states that this battalion shelled the Old Town. The ICTY press release summary says the shelling of Dubrovnik, including the Old Town, continued for over 10 and a half hours. Of 116 specified buildings and structures, the Trial Chamber found 52 were damaged, six of them destroyed.

   Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy page maintained by the IRMCT), International Criminal Tribunal for the former Yugoslavia

3. 1991 (month not given in source read)
   Old City of Dubrovnik placed on the List of World Heritage in Danger

   UNESCO's site page gives 1991-1998 as the years on the List of World Heritage in Danger. Decision 15 COM XV.F, noting "the state of exceptional emergency caused by the armed conflict", decided to inscribe the Old City of Dubrovnik on the List of World Heritage in Danger; decision 15 COM VII records the Committee's "deep concern about the armed conflict". The month and the order relative to 6 December 1991 are not established by the pages read.

   Sources: UNESCO World Heritage Centre, UNESCO World Heritage Centre, UNESCO World Heritage Centre

4. 27 February 2001
   Initial indictment confirmed

   The ICTY case information sheet gives 27 February 2001 as the date the initial indictment was confirmed; it was made public on 2 October 2001.

   Sources: International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

5. 31 March 2003
   First amended indictment

   The amended indictment of 31 March 2003 (three accused, 15 counts) charged Strugar under Articles 7(1) and 7(3); its destruction-of-institutions count against Strugar cited Article 3(d). Paragraph 30 states the Old Town "was a UNESCO World Cultural Heritage Site in its entirety."

   Sources: International Criminal Tribunal for the former Yugoslavia

6. 10 December 2003
   Third amended (final) indictment

   The final indictment charged Strugar alone with six counts under Article 3 of the Statute, including destruction or wilful damage to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science.

   Sources: International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

7. 16 December 2003
   Trial begins

   The trial before Trial Chamber II commenced on 16 December 2003; closing arguments were heard on 8 and 9 September 2004.

   Sources: International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

8. 31 January 2005
   Trial Judgement

   Trial Chamber II found Strugar guilty under Article 7(3) of Counts 3 (attacks on civilians) and 6 (destruction or wilful damage to institutions dedicated to religion, charity and education) and sentenced him to a single sentence of eight years' imprisonment.

   Sources: International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for the former Yugoslavia (legacy page maintained by the IRMCT)

9. 17 July 2008
   Appeals Judgement

   The Appeals Chamber dismissed all of Strugar's grounds of appeal (Judges Meron and Kwon dissenting on the third ground), allowed the Prosecution's first and second grounds, entered convictions on Counts 4 and 5, and replaced the eight-year sentence with seven and a half years.

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

10. 20 February 2009
    Early release takes effect

    The ICTY case information sheet records, under the heading for the sentence served, "16 January 2009, granted early release, effective 20 February 2009"; it does not say on which date the release was granted.

    Sources: International Criminal Tribunal for the former Yugoslavia (hosted by the IRMCT)

Connected pages

• Croatia — territory where the shelling of Dubrovnik occurred