Massacre in Grabovica
Encyclopedia
Massacre in Grabovica was a war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

 committed against at least 13 Croatian inhabitants of Grabovica village by members of the 9th Brigade and unidentified members of the Army of the Republic of Bosnia and Herzegovina
Army of the Republic of Bosnia and Herzegovina
The Army of the Republic of Bosnia and Herzegovina was the military force of the Republic of Bosnia and Herzegovina established by the government of Bosnia and Herzegovina in 1992 following the outbreak of the Bosnian War...

 on the 8th or the 9th of September 1993. The ICTY found that the Prosecution failed to prove beyond reasonable doubt that the other 14 persons listed in the indictment were killed by members of the Bosnian Army in Grabovica, at the time relevant for the case. The Trial Chamber also noted that during the case, six of the alleged victims listed in the indictment were withdrawn.

Background

Before the start of the Bosnian war
Bosnian War
The Bosnian War or the War in Bosnia and Herzegovina was an international armed conflict that took place in Bosnia and Herzegovina between April 1992 and December 1995. The war involved several sides...

, the objectives of nationalists from Croatia were shared by Croat nationalists in Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...

. On November 18, 1991, the Croatian Democratic Union
Croatian Democratic Union
The Croatian Democratic Union is the main center-right political party in Croatia. It is the biggest and strongest individual Croatian party since independence of Croatia. The Christian democratic HDZ governed Croatia from 1990 to 2000 and, in partial coalition, from 2003...

 (HDZ) party branch in Bosnia and Herzegovina, proclaimed the existence of the Croatian Community of Herzeg-Bosnia, as a separate "political, cultural, economic and territorial whole," on the territory of Bosnia and Herzegovina. On June 18, 1992 the Bosnian Territorial Defence in Novi Travnik received an ultimatum
Ultimatum
An ultimatum is a demand whose fulfillment is requested in a specified period of time and which is backed up by a threat to be followed through in case of noncompliance. An ultimatum is generally the final demand in a series of requests...

 from the Croatian Defence Council
Croatian Defence Council
The Croatian Defence Council was a military formation of the self-proclaimed Croatian Republic of Herzeg-Bosnia during the Bosnian War.-History:...

 (HVO) which included demands to abolish existing Bosnia and Herzegovina institutions, establish the authority of the Croatian Community of Herzeg-Bosnia and pledge allegiance to it, subordinate the Territorial Defense to the HVO and expel Muslim refugees, all within 24 hours. The attack against Bosnian Muslims was launched on June 19 and the Croat-Bosniak war
Croat-Bosniak war
The Croat–Bosniak War was a conflict between the Republic of Bosnia and Herzegovina and the self-proclaimed Croatian Community of Herzeg-Bosnia supported by the Republic of Croatia, that lasted from June 19, 1992 – February 23, 1994...

 was triggered.

Mostar
Mostar
Mostar is a city and municipality in Bosnia and Herzegovina, the largest and one of the most important cities in the Herzegovina region and the center of the Herzegovina-Neretva Canton of the Federation. Mostar is situated on the Neretva river and is the fifth-largest city in the country...

 was divided into a Western part, which was dominated by the Croat forces and an Eastern part where the Army of the Republic of Bosnia and Herzegovina
Army of the Republic of Bosnia and Herzegovina
The Army of the Republic of Bosnia and Herzegovina was the military force of the Republic of Bosnia and Herzegovina established by the government of Bosnia and Herzegovina in 1992 following the outbreak of the Bosnian War...

 was largely concentrated. However, the Bosnian Army had its headquarters in West Mostar in a building complex referred to as Vranica. In the early hours of May 9, 1993, the Croatian Defence Council attacked Mostar using artillery
Artillery
Originally applied to any group of infantry primarily armed with projectile weapons, artillery has over time become limited in meaning to refer only to those engines of war that operate by projection of munitions far beyond the range of effect of personal weapons...

, mortars, heavy weapons and small arms. The HVO controlled all roads leading into Mostar and international organisations were denied access. Radio Mostar announced that all Bosniaks should hang out a white flag from their windows. The Croat attack had been well prepared and planned.

The Croats took over the west side of the city and expelled thousands of Bosniaks from the west side into the east side of the city. Croat forces engaged in a mass execution, ethnic cleansing and rape on the Bosniak people of the West Mostar and its surrounds, and a fierce siege and shelling campaign on the Bosnian Government run East Mostar. It resulted in thousands of injured and killed. The HVO shelling reduced much of the east side of Mostar to rubble.

Neretva 93 operation

In order to conduct combat operations in Herzegovina to lift the Croat blockade
Blockade
A blockade is an effort to cut off food, supplies, war material or communications from a particular area by force, either in part or totally. A blockade should not be confused with an embargo or sanctions, which are legal barriers to trade, and is distinct from a siege in that a blockade is usually...

 of Mostar
Mostar
Mostar is a city and municipality in Bosnia and Herzegovina, the largest and one of the most important cities in the Herzegovina region and the center of the Herzegovina-Neretva Canton of the Federation. Mostar is situated on the Neretva river and is the fifth-largest city in the country...

, units of the 9th Brigade, the 10th Brigade and the 2nd Independent Battalion, all subordinated to the Bosnian Army 1st Corps, were sent from Sarajevo
Sarajevo
Sarajevo |Bosnia]], surrounded by the Dinaric Alps and situated along the Miljacka River in the heart of Southeastern Europe and the Balkans....

 to the Jablanica sector. This was the area where Grabovica was situated and it was at the time the area of responsibility of the 6th Corps. The ICTY found that those units were deployed to Herzegovina following an order issued by Sefer Halilović
Sefer Halilovic
Sefer Halilović is a former general and commanding officer of the Army of the Republic of Bosnia and Herzegovina during the 1992-1995 war in Bosnia and Herzegovina. In 2001, he was indicted for war crimes by the International Criminal Tribunal for the former Yugoslavia and eventually acquitted...

.

Murders

Grabovica was a village inhabited by Croats. It had been under Bosnian Army control since May 1993 and the relationship between the residents of Grabovica and the Bosnian Army soldier
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...

s who were stationed there was good and, as there was no other accommodation available for the arriving troops, they were supposed to be posted with the inhabitants of the village. The reputation of the arriving troops of the 9th and 10th Brigades was bad, because of criminal and uncontrolled elements within. According to ICTY, the evidence showed that members of both brigades not only demonstrated a lack of discipline, but also committed different forms of misappropriation (theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...

s etc.) The Trial Chamber noted in this respect the testimony of the 1st Corps Commander Vahid Karavelić who, while knowing of breaches of discipline and previous behaviour of members of these brigades, said that it never occurred to him that they might commit atrocities against civilians in Grabovica.

With the arrival
Arrival
The Arrival may refer to:* The Arrival , a 1996 science fiction film starring Charlie Sheen* "The Arrival" , an episode of The Twilight Zone* "Arrival" , first episode of The Prisoner...

 of the unit of the 9th Brigade the atmosphere in the village of Grabovica changed and acts of violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...

 started occurring. Throughout the night of the 8th of September shooting was heard in the village. The ICTY established that by the early afternoon of the 9th of September a number of inhabitants had been murdered by members of the Bosnian Army units present in Grabovica at the time. The ICTY Trial Chamber found that it has been established beyond reasonable doubt that 13 inhabitants, taking no active part in the hostilities, were murdered by members of the 9th Brigade and unidentified members of the Bosnian Army on the 8th or the 9th of September 1993 (Pero Marić, Dragica Marić, Ivan Zadro, Matija Zadro, Mladen Zadro, Ljubica Zadro and Mladenka Zadro, Josip Brekalo, Martin Marić, Živko Drežnjak, Ljuba Drežnjak, Ivan Mandić and Ilka Miletić). The Trial Chamber found that the Prosecution failed to prove beyond reasonable doubt that 14 persons listed in the indictment were killed by members of the Bosnian Army in Grabovica at the time relevant for the Grabovica case. The Trial Chamber noted that during trial, six of the alleged victims listed in the indictment were withdrawn.

Investigation

After the information about the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

s had reached Sarajevo, Bosnian Army started investigation about the crimes committed. The 6th Corps Security Service, the Military Police Battalion of the 6th Corps and the Military Police of the 44th Brigade, which was located in Jablanica
Jablanica
Jablanica or Yablanitsa may refer to:* Jablanica, Bosnia and Herzegovina, a town in Herzegovina* Yablanitsa, a town in Lovech Province, Bulgaria* Yablanitsa, Sofia Province, village in Sofia Province, Bulgaria* Jablanica, Zlatibor, village in Serbia...

, were involved in the investigation into the events in Grabovica. The Chief of Security of the
Bosnian Army Main Staff Jusuf Jašarević was informed of the results of their investigations. The ICTY found that based on the evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

, it could not be concluded that Sefer Halilović had the material ability to punish the perpetrators of the crimes committed in Grabovica.

ICTY Trial

Bosnian commander Sefer Halilović was indicted by ICTY on the basis of superior criminal responsibility (Article 7(3) of the Statute of the Tribunal) and charged with one count of violation of the laws and customs of war (Article 3 – murder). Having examined all the evidence presented to it and in light of its factual findings, the ICTY found that the Prosecution did not prove beyond reasonable doubt that Sefer Halilović had effective control over the troops in Grabovica on the 8th and 9th of September 1993, who the Trial Chamber has found committed the crimes. Consequently Halilovic was found not guilty.

Verdicts

In 2008, the Supreme Court of the Federation of Bosnia and Herzegovina confirmed three local court convictions of 13 years in prison against Nihad Vlahovljak, Sead Karagić and Haris Rajkić, former Bosnian Army soldiers for the crimes committed in Grabovica. The Court found that Nihad Vlahovljak ordered the murders, and the other two executed his order.
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