ICTY: Appellate Proceedings against Rasim Delic Terminated

In September 2008 Delic was found guilty of failing to undertake “necessary and reasonable measures” to prevent or punish crimes committed by his subordinates, members of the El Mujahed Unit, in Kamenica detention camp, near Zavidovici, in July and August 1995.

Both parties appealed the verdict. In January 2010 the Prosecution called on the Appeals Chamber to sentence Delic to seven years in prison, while the Defence called for acquittal.

Following the death of Rasim Delic on April 16, 2010, the Defence filed a request on behalf of Delic’s son that the appellate proceedings continue and a second instance verdict be pronounced.

The Appeals Chamber rejected the Defence’s request, saying that, despite the fact this was the first case in the history of the Tribunal in which an appellant had died during appellate proceedings, it considered that the Rules of Procedure excluded the possibility of the continuation of the appellate proceedings.

“First, the personal jurisdiction of the Tribunal is limited to living persons; second, the Statute sets out that the Appeals Chamber shall hear appeals from persons convicted by the Trial Chamber or from the Prosecutor, therefore excluding other persons interested in the outcome of the appeal; and third, the Tribunal’s jurisdiction does not extend to any procedures initiated by the convicted person’s heirs or victims,” the ICTY’s decision says.

Delic was born on February 4, 1949. He was Commander of the Army of the Republic of Bosnia and Herzegovina during the war in that country. He retired in 2000, as Commander of the Joint Command of the Federation of Bosnia and Herzegovina Army.