ICTY affirms conviction of Johan Tarculovski and acquittal of Ljube Boskoski 19 May 2010
The ICTY Appeals Chamber delivers its appeal judgment in Macedonian war crimes case.
On 19 May 2010 the Appeals Chamber at the International Criminal Tribunal for the former Yugoslavia (ICTY) affirmed the conviction of
Johan Tarčulovski and the acquittal of
Ljube Boškoski. The case relates to violations of the laws of war committed during the conflict in Former Yugoslav Republic of Macedonia (FYROM) in 2001.
Johan Tarčulovski
Johan Tarčulovski was a former police officer of the FYROM. The Prosecution alleged that he had ordered, planned and instigated crimes committed against ethnic Albanians during a police operation conducted in the village of Ljuboten on 12 August 2001. On 10 July 2008, the Trial Chamber found Tarčulovski guilty of ordering, planning and instigating the murder of three ethnic Albanian civilians, wanton destruction of twelve houses or other property and cruel treatment of thirteen ethnic Albanian civilians, all violations of the laws or customs of war. He was sentenced to 12 years’ imprisonment.
Ljube Boškoski
Ljube Boškoski was FYROM Minister of Interior from May 2001 until November 2002. He was charged with superior responsibility for failing to punish his subordinates who committed crimes during and subsequent to the police operation in Ljuboten. Boškoski, who was co-accused with Tarčulovski, was found not guilty on all charges. The Prosecution appealed Boškoski’s acquittal on both alleged errors of law and fact.
Appeal
Johan Tarčulovski appealed his conviction and sentence. The Appeals Chamber upheld the factual findings of the Trial Chamber, dismissing the grounds of appeal in their entirety. The Appeals Chamber also dismissed several jurisdictional challenges. The Appeals Chamber held that the situation in FYROM had reached the requisite level of intensity to be regarded as a non-international armed conflict, rejecting the argument that it was a civil disturbance. The Appeals Chamber also rejected the argument that since the State resorted to force in self-defence in an internal armed conflict against an armed group, this prevents the qualification of crimes as serious violations of international humanitarian law. The Appeals Chamber held that the legitimacy of the use of force by a party to a conflict does not affect the application of the rules of international humanitarian law.
With regard to sentencing, the Appeals Chamber held that the Trial Chamber had adequately taken into account the gravity of the crimes committed. The Appeals Chamber upheld the original sentence of 12 years’ imprisonment.
The Appeals Chamber dismissed the Prosecution’s single ground of appeal against Ljube Boškoski’s acquittal, with respect to both the alleged errors of law and fact. The Prosecution submitted that the Trial Chamber committed an error of law when it required that a superior need only provide a report to the competent authorities, which was likely to trigger an investigation into the alleged criminal conduct. The Appeals Chamber held that a superior may discharge his obligations in this way under certain circumstances. The Appeals Chamber therefore upheld Ljube Boškoski’s acquittal.
ICTY affirms conviction of Johan Tarculovski and acquittal of Ljube Boskoski » The Hague Justice Portal
