TABLE OF CONTENTS
A. Overview of the Proceedings
1.
Indictment Related Issues
2.
The Arrest / Jurisdiction of the Tribunal
(i)
Attribution to SFOR
(ii)
Violation of State sovereignty
(iii)
Violation of human rights and due process of law
B.
Plea Agreement
C.
Expert Reports
D.
Sentencing Hearing
IV. GUILTY PLEA AND PLEA AGREEMENT
A. Facts Emanating From the Plea Agreement
1.
General Factual Background
2.
Facts Related to the Individual Criminal Conduct of the Accused
(a)
Count 1 - Persecutions
(b)
Count 2 – Murder
(i)
The murder of Durmo Hand`ic and Asim Zildzic
(ii)
The murder of Rasid Ferhatbegovic, Muharem Kolarevic, Dzevad Saric and Ismet
Zekic
(iii)
The murder of Ismet Dedic
(iv)
The murder of Mevludin Hatunic
(v)
The murder of Galib Music
(c)
Count 3 – Aiding and Abetting Rape
(d)
Count 4 - Torture
(i)
The torture of Fikret Arnaut
(ii)
The torture of Sead Ambeskovic and Hajrudin Osmanovic
(iii)
The torture of Suad Mahmutovic
(iv)
The torture of Redjo Cakisic
B. Additional Facts Emanating From the Sentencing Hearing
1.
Common Elements
2.
Count 1, Persecutions
3.
Count 2, Murder
4.
Count 3, Rape
5.
Count 4, Torture
A.
The Individual Guilt of an Accused and the Principle of Proportionality
B.
Principles and Purposes
1.
Submissions of the Parties
2.
Discussion
(a)
Deterrence
(b)
Retribution
C.
Article 24 of the Statute and Rule 101 of the Rules
D.
Gravity of the Crime, Aggravating and Mitigating Factors
E.
Sentencing Ranges
1.
Former Yugoslavia
2.
The Applicability of the Principle of lex mitior
3.
Other Countries
4.
Previous Jurisprudence of the Tribunal
VIII. FACTORS RELATED TO INDIVIDUAL RESPONSIBILITY
A. Gravity of the Offence and Aggravating Circumstances
1.
Submissions of the Parties
2.
Discussion
(a)
Position of Dragan Nikolic as a Commander in Su{ica Detention Camp
(b)
Vulnerability of the Victims
(c)
Depravity of the Crimes
(i)
Immediate effects of the conditions in the camp
(ii)
Long term effects of the conditions in the camp
(d)
Multiple Victims
(e)
Victims known by the Accused
1. Plea Agreement and Guilty Plea
(a)
Submissions of the Parties
(b)
Discussion
(i)
Analysis of the country reports submitted by the Max Planck Institute
(ii)
Jurisprudence of the International Tribunals
(a)
Submissions of the Parties
(b)
Discussion
(a)
Submissions of the Parties
(b)
Discussion
4. Substantial Co-operation with the Prosecution
(a)
Submissions of the Parties
(b)
Discussion
5.
Joint Submission of the Parties on the Personality and Character of Dragan
Nikolic
6.
Length of Proceedings / Time Between Crime and Judgement
7.
General Conclusion
A.
Submissions of the Parties
B.
Discussion and Conclusion
C.
Credit for Time Served
A. List of Cited Court Decisions