## Facts

- Zlatko Aleksovski, a Bosnian Croat, served as warden/commander of the Kaonik prison in the Lašva Valley area of central Bosnia and Herzegovina from January to May 1993.
- The detention facility held predominantly Bosnian Muslim civilians during 1993 hostilities between Bosnian Croat forces (HVO) and Bosnian Muslim forces.
- Detainees were subjected to physical and mental mistreatment, including beatings and harassment.
- Detainees were taken from the facility for dangerous tasks on or near front lines, including trench digging, and were used as human shields.
- As commander, Aleksovski exercised authority over guards and bore responsibility for detainees; the prosecution alleged he participated in, facilitated, or failed to prevent abuse.

## Issues

1. Whether the prosecution proved the prerequisites for grave breaches under Article 2 of the ICTY Statute, including that the conflict was international and the detainees were “protected persons” under Geneva Convention IV.
2. Whether Aleksovski incurred individual criminal responsibility under Article 7(1) for participating in, facilitating, or aiding and abetting the mistreatment of detainees.
3. Whether Aleksovski incurred superior responsibility under Article 7(3) for crimes committed by guards or other forces, based on effective control, knowledge (or reason to know), and failure to take necessary and reasonable measures.
4. Whether the proven conduct constituted “outrages upon personal dignity” as a violation of the laws or customs of war under Article 3.

## Decision

- The Trial Chamber found Aleksovski not guilty on Counts 8 and 9 (grave breaches under Article 2), holding the prosecution failed to prove beyond a reasonable doubt that the detainees were “protected persons” for grave-breach liability.
- The Trial Chamber found Aleksovski guilty on Count 10 (Article 3), concluding the detainees’ mistreatment—including humiliation, violence, and forced exposure to front-line danger as trench diggers and human shields—amounted to outrages upon personal dignity.
- The Chamber imposed liability principally under Article 7(1), based on Aleksovski’s role in enabling and facilitating abusive treatment of detainees.
- The Chamber addressed superior responsibility under Article 7(3) in relation to acts of subordinates and associated forces, but the conviction rested on Article 7(1).
- Sentence: two and a half years’ imprisonment.

## Legal Principles

- Article 2 grave breaches require proof of an international armed conflict and that victims qualify as “protected persons” under Geneva Convention IV; failure to prove protected-person status defeats grave-breach charges.
- Article 3 applies to violations of the laws or customs of war committed in armed conflict and requires a nexus between the conduct and the conflict.
- “Outrages upon personal dignity” include serious humiliation or degradation of detainees and may be established by systematic ill-treatment, including beatings, harassment, and coercive use of detainees for dangerous assignments (such as trench digging or use as human shields).
- Aiding and abetting under Article 7(1) requires conduct that assists, encourages, or supports the principal offense with a substantial effect, coupled with knowledge that the conduct assists the crime.
- Superior responsibility under Article 7(3) turns on effective control over perpetrators (material ability to prevent or punish), knowledge or reason to know of offenses, and failure to take necessary and reasonable measures.

## Conclusion

The Trial Chamber acquitted Aleksovski of grave breaches for failure to prove protected-person status but convicted him for outrages upon personal dignity based on his facilitating role in the humiliation and abuse of detainees, imposing a two-and-a-half-year sentence.


Prosecutor v. Aleksovski, Case No. IT-95-14/1-T (Int’l Crim. Trib. for the Former Yugoslavia Trial Chamber I bis June 25, 1999)