## Facts

- Stanislav Galić, a Major-General in the Army of Republika Srpska, commanded the Sarajevo Romanija Corps (SRK) from about September 10, 1992 to August 10, 1994.
- During that period, SRK forces maintained positions around Sarajevo, which was effectively encircled by Bosnian Serb forces.
- The prosecution alleged a sustained pattern of sniping and shelling directed at civilians in Sarajevo, including attacks affecting markets, streets, trams, residential areas, and other public locations.
- The alleged conduct caused numerous civilian deaths and injuries and generated widespread fear among Sarajevo’s civilian population.
- Galić was indicted for violations of the laws or customs of war under Article 3 of the ICTY Statute, including (1) attacks on civilians and (2) acts or threats of violence whose primary purpose was to spread terror among civilians.
- Trial began in December 2001 and concluded with a merits judgment and sentence on December 5, 2003.

## Issues

1. Whether the charged conduct satisfied the jurisdictional prerequisites for Article 3 violations, including the customary-law and seriousness requirements and individual criminal responsibility.
2. What actus reus and mens rea elements define the Article 3 offense of attacks on civilians in the context of a prolonged urban siege.
3. Whether “terror against the civilian population” is a distinct Article 3 offense and, if so, whether it requires proof that spreading terror was the primary purpose of the violence.
4. Whether the evidence proved beyond a reasonable doubt that Galić was individually criminally responsible for the SRK’s sniping and shelling campaign during his command.

## Decision

- The Trial Chamber found Article 3 applicable and held the charged prohibitions on attacking civilians and terrorizing civilians reflected customary international humanitarian law and entailed individual criminal responsibility.
- The Chamber convicted Galić (by majority) of:
  - terror against the civilian population (Article 3), and
  - attacks on civilians (Article 3).
- The Chamber found the SRK campaign during Galić’s tenure involved repeated attacks directed at civilians or carried out indiscriminately in circumstances showing deliberate or reckless disregard for civilian status.
- On terror, the Chamber concluded the violence and its pattern were carried out with the primary purpose of spreading terror among Sarajevo’s civilians, not merely causing incidental fear.
- The Chamber sentenced Galić to 20 years’ imprisonment; one judge partially dissented.

## Legal Principles

- For conduct to fall under Article 3, it must: (1) violate a rule of international humanitarian law, (2) be grounded in customary law or satisfy treaty-law conditions, (3) be “serious” with grave consequences, and (4) entail individual criminal responsibility.
- Attacks on civilians as an Article 3 offense include direct attacks on civilians as such and indiscriminate attacks in which civilians are the primary victims; liability requires intent or at least recklessness as to the civilian character of the target.
- Terror against the civilian population is a distinct Article 3 offense requiring: (1) acts or threats of violence directed at civilians, and (2) commission with the primary purpose of spreading terror among the civilian population.
- In assessing intent and targeting in siege warfare, a chamber may rely on contextual proof, including recurring patterns of fire, selection of targets, and operational evidence (positions, orders, and firing practices) to infer the nature and purpose of attacks.
- A commander may incur individual criminal responsibility for a sustained campaign conducted by forces under his authority when the evidence links the pattern of attacks to command-controlled operations and establishes responsibility beyond a reasonable doubt.

## Conclusion

The Trial Chamber held that the SRK’s sustained sniping and shelling during Galić’s command constituted unlawful attacks on civilians and a campaign whose primary purpose was to spread terror among Sarajevo’s civilian population, warranting convictions under Article 3 and a 20-year sentence.


Prosecutor v. Galić, Case No. IT-98-29-T (Int’l Crim. Trib. for the Former Yugoslavia Trial Chamber I 2003)