## Facts

- Biljana Plavšić was a senior Bosnian Serb political leader in 1992, holding high-level roles in Republika Srpska and Bosnia and Herzegovina’s collective presidency.
- Bosnian Serb authorities pursued a policy to create a Serb-dominated state by forcibly removing non-Serbs from large areas of Bosnia and Herzegovina.
- The campaign involved large-scale persecution of Bosnian Muslims, Bosnian Croats, and other non-Serbs across many municipalities, including killings, deportations, forced expulsions, inhumane detention conditions, and destruction of property and religious sites.
- Plavšić did not personally commit physical violence, but used her authority to endorse, encourage, and publicly support discriminatory policies and conduct, thereby legitimizing and sustaining the persecutory campaign.
- She voluntarily surrendered to the tribunal in January 2001.
- After indictment and amendment, she entered a plea agreement and pleaded guilty in October 2002 to one count of crimes against humanity (persecution) under Article 5(h) of the tribunal’s statute; remaining counts were dismissed.
- The proceeding resulted in a sentencing judgment only, following the guilty plea.

## Issues

1. What sentence was appropriate for a senior political leader convicted by guilty plea of persecution as a crime against humanity, given the gravity and scale of the crimes and her leadership role.
2. What mitigating weight to give the guilty plea, remorse, voluntary surrender, and post-conflict conduct in determining sentence.

## Decision

- The tribunal sentenced Plavšić to 11 years’ imprisonment for persecution as a crime against humanity.
- The chamber treated the gravity of the offense as the primary sentencing consideration, emphasizing the widespread and systematic nature of the persecutions and the scale of victimization.
- The chamber found her senior political position and legitimizing influence to be aggravating, despite lack of direct physical perpetration.
- The chamber found substantial mitigation based on the guilty plea, acceptance of responsibility and remorse, voluntary surrender, and post-conflict conduct supporting peace implementation; age was only modestly mitigating.
- Balancing gravity and aggravation against mitigation, the chamber concluded an 11-year term was appropriate.

## Legal Principles

- Sentencing for crimes against humanity centers on the gravity of the offense, assessed by scope, systematic character, and harm to victims.
- High-level civilian and political leaders may receive substantial punishment for facilitating and legitimizing discriminatory campaigns, even without personally committing violent acts.
- A guilty plea may materially mitigate sentence, including by sparing witnesses, advancing fact-finding, and supporting reconciliation when coupled with acceptance of responsibility.
- Genuine remorse and voluntary surrender are mitigating factors, but do not override the seriousness of large-scale persecution.
- Post-conflict conduct that supports peace implementation and indicates changed behavior may mitigate sentence; advanced age generally receives limited mitigating weight relative to crime gravity.

## Conclusion

The tribunal imposed an 11-year sentence for persecution as a crime against humanity, holding that the extraordinary gravity of a widespread and systematic persecutory campaign and the accused’s senior political role warranted severe punishment, while the guilty plea, remorse, voluntary surrender, and post-conflict conduct justified a substantial reduction from what would otherwise have been imposed.


Prosecutor v. Plavšić, Case No. IT-00-39 & 40/1-S (Int’l Crim. Trib. for the Former Yugoslavia Feb. 27, 2003)