After the possibility that Ivica Rajic, also know as Viktor Andric, (left) been transferred from the ICTY to Sarajevo, he proposed Plea Agreement between with the Prosecutor, and at the hearing on Wednesday 26 October 2005, he entered a guilty plea to the four counts listed in the amended indictment. In the Plea Agreement, Ivica Rajic and the Prosecution agreed to recommend a single combined sentence in the range of 12 to 15 years’ imprisonment. (26-OCT-05)

Ivica Rajic entered a guilty plea to the following four counts listed in the amended indictment:

Count 1: willful killing, a grave breach of the Geneva Conventions of 1949 punishable under Article 2(a) of the Tribunal Statute
Count 3: inhumane treatment (including sexual assault), a grave breach of the Geneva Conventions of 1949 punishable under Article 2(a) of the Tribunal Statute
Count 7: appropriation of property, a grave breach of the Geneva Conventions of 1949 punishable under Article 2(d) of the Tribunal Statute
Count 9: extensive destruction not justified by military necessity and carried out unlawfully and wantonly, a grave breach of the Geneva Conventions of 1949 punishable under Article 2(d) of the Tribunal Statute

Background

Ivica Rajic,  who holds both Croatian and Bosnian citizenship, was arrested in Croatia in April 2003, eight years after the court in The Hague, issued an indictment against him for allegedly ordering the slaughter of over a dozen Muslim civilians in a central Bosnian village.

At all times relevant to the indictment, Ivica Rajic, was commander of the Croatian Defence Council´s (HVO`s) Second Operational Group in the Central Bosnia Operative Zone, based in Kiseljak town, in Bosnia-Herzegovina. Rajic was the commanding officer and had de jure and de facto command and control of various Croatian Defence Council units in his area of responsibility (including Kiseljak, Kakanj and Vares Municipalities), including the Ban Jelacic Brigade, the Bobovac Brigade and units known as the “Maturice” and “Apostoli”.

Facts

On 23 October 1993, Ivica Rajic, with the authorisation of his HVO superiors, arrested or ordered the arrest of several of the local Bosnian Croat officials in the town of Vares in central Bosnia. On that same day, HVO forces under Ivica Rajic’s command searched Vares town and arrested more than 250 Muslim males, regardless of their civilian or military status. During the process of arresting the Muslim males, HVO soldiers entered their houses, physically and mentally abused the inhabitants and persons present and robbed them of their valuables. The arrested men were detained at two schools in Vares under horrible conditions.

The Indictment alleges that on 23 October 1993, HVO forces, under Rajic’s command, attacked the village of Stupni Do. After gaining control of various parts of the village, HVO soldiers forced the civilians out of their homes, robbed them of their valuables, sexually assaulted Muslim women and wilfully killed at least 31 Muslim men, women and children. All together, the HVO attack on Stupni Do resulted in the death of at least 37 Muslims. During and following the attack, almost the entire village was extensively and wantonly destroyed.

According to the Indictment, on 27 December 1993, Ivica Rajic informed HVO authorities that he was changing his name to “Viktor Andric”. On 30 December 1993, “Ivica Rajic” was discharged from his HVO command and “Viktor Andric” was appointed to replace him. The Indictment alleges that, in fact, Ivica Rajic also known as Viktor Andric continued to operate and report through his previous chain of command.

At all material times, and as covered by Statute Article 7(3), Ivica Rajic had superior responsibility for subordinate officers and soldiers in units under his command and control.

According to the indictment, no HVO commander or soldier was ever punished or disciplined for the crimes committed in Vares or Stupni Do.

Hearing

At the hearing, the Trial Chamber stated it was satisfied that the Plea Agreement met the requirements of the Rules of Procedure and Evidence. Accordingly, the Trial Chamber found the accused guilty on the four counts contained in the Plea Agreement. The Sentencing Hearing for Ivica Rajic will be held in late November, as The Trial Chamber indicated today.