27/5/2005
UN War Crimes Tribunal For Former Yugoslavia Transfers Case To
Bosnian Court
For the first time ever, the UN International Criminal Tribunal
for the former Yugoslavia (ICTY) has referred one of its indictments
to a national jurisdiction, namely the newly-inaugurated Sarajevo
War Crimes Chamber within the State-Court of Bosnia and Herzegovina,
to try Radovan Stankovic, a former Serb militia member, for rape
and sexual assault of Muslim women during the Balkan wars of
the 1990s.
The UN Security Council, in July 2002, endorsed a broad strategy
for the transfer of cases involving intermediary- and lower-level
accused to competent national jurisdictions as the best way of
helping the UN Tribunal to complete its work by 2008. The move
comes little more than a month after Bosnia and Herzegovina launched
its own War Crimes Chamber in the capital, Sarajevo. The 1996
indictment against Mr. Stankovic, who was arrested in 2002, was
the ICTY's first case dealing specifically with sexual offences.
As a former member of a Serb paramilitary unit, Mr. Stankovic
was charged with running a house in the manner of a brothel near
the eastern Bosnian town of Foca, where Muslim women and girls
were kept after Serb forces overran the town in 1992. His alleged
participation included assigning the women and girls to specific
Serb soldiers to be raped and otherwise sexually assaulted. The
original indictment further alleges that he personally raped
at least two women, one of whom he claimed as his own, in order
to repeatedly rape her over a three-month span.