In the criminal case of Boro Milojica et al., the Court of Bosnia and Herzegovina, having conducted the trial, delivered a trial judgment on 27 June 2019, finding that the accused Boro Milojica, by the acts described in sections 1 and 2 of the enacting clause, committed the criminal offense of Crimes against Humanity under Article 172 paragraph 1 subparagraph (h) as read with subparagraph (a), in conjunction with Article 180(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH).
The accused Boro Milojica is found guilty because he, as a member of the 6th Ljubija Battalion of the 43rd Prijedor Motorized Brigade of the Army of the Republika Srpska, as part of a widespread and systematic attack by the army and police of the Serbian Republic of Bosnia and Herzegovina (and then of the Republika Srpska) directed against the non-Serb civilians in the territory of Prijedor municipality, in the time period between June 1992 and September 1992, with knowledge of that attack and that his acts constituted a part thereof, in violation of rules of international law, persecuted Bosniak, Croatian and Roma civilians on ethnic and religious grounds by way of murders.
The Court sentenced the accused Boro Milojica to eight (8) years’ imprisonment.
Pursuant to Article 284(c) of the Criminal Procedure Code of Bosnia and Herzegovina (CPC BiH), the accused Boro Milojica and Želislav Rivić are acquitted of the charge that they, by the acts described in detail in the enacting clause of the acquitting part of the judgment, committed the following criminal offenses:
– the accused Boro Milojica, by the acts described in sections 1, 2, 3 and 4 of the enacting clause of the acquitting part of the judgment, the criminal offense of Crimes against Humanity under Article 172(1) subparagraph (h) (persecution) as read with subparagraph (a), and, in relation to the acts described in sections 2, 3 and 4 of the enacting clause of the acquitting part of the judgment, in conjunction with Article 29, all in conjunction with Article 180(1) of the CC BiH,
– the accused Želislav Rivić, by the acts described in sections 3 and 4 of the enacting clause of the acquitting part of the judgment, the criminal offense of Crimes against Humanity under Article 172(1) subparagraph (h) (persecution) as read with subparagraph (a), all in conjunction with Article 29 and Article 180(1) of the CC BiH.
Pursuant to Article 188(4) and Article 189(1) of the CPC BiH, the accused Boro Milojica and Želislav Rivić are relieved of the duty to pay costs of the criminal proceeding and those costs shall be paid form within the budgetary appropriations of the Court of Bosnia and Herzegovina.
Pursuant to Article 198(2) and (3) of the CPC BiH, the injured parties are instructed to take civil action to pursue their claims for compensation.
