Nikola Jorgic
Encyclopedia
Nikola Jorgic is a Bosnian Serb from the Doboj
region who was the leader of a paramilitary group located in the Doboj region. In 1997, Nikola was convicted of genocide
in Germany. This was the first conviction won against participants in the Bosnian Genocide. Nikola was sentenced to four terms of life imprisonment for his involvement in genocides in Bosnia
.
On 26 September 1997 Nikola Jorgic was found guilty by the Düsseldorf, Germany, Oberlandesgericht (Higher Regional Court) on 11 counts of genocide
involving the murder of 30 persons. His appeal was rejected by the German Bundesgerichtshof (Federal Supreme Court) on 30 April 1999.
The Oberlandesgericht
found that Jorgic, a Bosnian Serb, had been the leader of a paramilitary group in the Doboj region that had taken part in acts of terror against the local Muslim population carried out with the backing of the Serb rulers and intended to contribute to their policy of "ethnic cleansing".
The Bundesgerichtshof ruled that under the Genocide Convention of 9 December 1948 (ratified by Germany in 1954) genocide is a crime that all nations are required to prosecute and that the lower court had been correct in asserting the jurisdiction of the German judiciary. It also confirmed the lower court's finding that Jorgic had committed genocide. The International Criminal Tribunal for the Former Yugoslavia
(ICTY) had previously declined to take over Jorgic’s case.
Jorgic arrested Bosniaks
and put them in prison camps where they were tortured. In June 1992 he took part in the execution of 22 inhabitants of Grabska (including disabled and elderly people) who had gathered in the open in order to escape fighting. Other Bosniaks were forced to carry the dead to a mass grave. Jorgic later ordered the expulsion of all the village's inhabitants. He was also responsible for the brutal ill-treatment of 40-50 inhabitants of Sevarlije, six of whom were shot dead and a seventh who had been wounded died when he was burned alive with the six other bodies. In September 1992 Jorgic put a tin bucket on the head of a prisoner in the Central Prison in Doboj and hit it with such force that the prisoner was killed by the blow.
From May 1969 until the beginning of 1992 Nikola Jorgic was permanently resident in Germany and he subsequently maintained his official registration in Bochum
, Germany. He returned to Germany on numerous occasions after committing his crimes to visit his German wife and daughter. He was arrested at Düsseldorf airport after entering Germany of his own free will.
Other Bosnian genocide-related convictions by the German courts include that of Maksim Sokolovic, convicted on 29 November 1999, for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions
, and Novislav Djajic. Djajic was indicted for participation in genocide, but the court failed to find that there was sufficient certainty for a criminal conviction that he had the intent to commit genocide. Nevertheless Djajic was found guilty of 14 cases of murder and one case of attempted murder. At Djajic appeal on 23 May 1997, the Bavaria
n Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca
. On 12 July, 2007, European Court of Human Rights
dismissed Nikola Jorgic's appeal.
Doboj
Doboj is a city and a municipality in northern Bosnia and Herzegovina, situated in the northern part of the Republika Srpska entity on the river Bosna. Doboj is the largest national railway junction; as such, the seats of the Republika Srpska Railways, and the Railways Corporation of Bosnia and...
region who was the leader of a paramilitary group located in the Doboj region. In 1997, Nikola was convicted of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
in Germany. This was the first conviction won against participants in the Bosnian Genocide. Nikola was sentenced to four terms of life imprisonment for his involvement in genocides in Bosnia
Bosnian Genocide
The term Bosnian Genocide refers to either the genocide committed by Bosnian Serb forces in Srebrenica in 1995 or the ethnic cleansing campaign that took place throughout areas controlled by the Bosnian Serb Army during the 1992–1995 Bosnian War....
.
On 26 September 1997 Nikola Jorgic was found guilty by the Düsseldorf, Germany, Oberlandesgericht (Higher Regional Court) on 11 counts of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
involving the murder of 30 persons. His appeal was rejected by the German Bundesgerichtshof (Federal Supreme Court) on 30 April 1999.
The Oberlandesgericht
Oberlandesgericht
The Oberlandesgericht is one of the 'ordinary courts' in Germany...
found that Jorgic, a Bosnian Serb, had been the leader of a paramilitary group in the Doboj region that had taken part in acts of terror against the local Muslim population carried out with the backing of the Serb rulers and intended to contribute to their policy of "ethnic cleansing".
The Bundesgerichtshof ruled that under the Genocide Convention of 9 December 1948 (ratified by Germany in 1954) genocide is a crime that all nations are required to prosecute and that the lower court had been correct in asserting the jurisdiction of the German judiciary. It also confirmed the lower court's finding that Jorgic had committed genocide. The International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY) had previously declined to take over Jorgic’s case.
Jorgic arrested Bosniaks
Bosniaks
The Bosniaks or Bosniacs are a South Slavic ethnic group, living mainly in Bosnia and Herzegovina, with a smaller minority also present in other lands of the Balkan Peninsula especially in Serbia, Montenegro and Croatia...
and put them in prison camps where they were tortured. In June 1992 he took part in the execution of 22 inhabitants of Grabska (including disabled and elderly people) who had gathered in the open in order to escape fighting. Other Bosniaks were forced to carry the dead to a mass grave. Jorgic later ordered the expulsion of all the village's inhabitants. He was also responsible for the brutal ill-treatment of 40-50 inhabitants of Sevarlije, six of whom were shot dead and a seventh who had been wounded died when he was burned alive with the six other bodies. In September 1992 Jorgic put a tin bucket on the head of a prisoner in the Central Prison in Doboj and hit it with such force that the prisoner was killed by the blow.
From May 1969 until the beginning of 1992 Nikola Jorgic was permanently resident in Germany and he subsequently maintained his official registration in Bochum
Bochum
Bochum is a city in North Rhine-Westphalia, western Germany. It is located in the Ruhr area and is surrounded by the cities of Essen, Gelsenkirchen, Herne, Castrop-Rauxel, Dortmund, Witten and Hattingen.-History:...
, Germany. He returned to Germany on numerous occasions after committing his crimes to visit his German wife and daughter. He was arrested at Düsseldorf airport after entering Germany of his own free will.
Other Bosnian genocide-related convictions by the German courts include that of Maksim Sokolovic, convicted on 29 November 1999, for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, and Novislav Djajic. Djajic was indicted for participation in genocide, but the court failed to find that there was sufficient certainty for a criminal conviction that he had the intent to commit genocide. Nevertheless Djajic was found guilty of 14 cases of murder and one case of attempted murder. At Djajic appeal on 23 May 1997, the Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
n Appeals Chamber found that acts of genocide were committed in June 1992, confined within the administrative district of Foca
Foca
Foča is a town and municipality in southeastern Bosnia and Herzegovina on the Drina river, in the Foča Region of the Republika Srpska entity.-Early history:...
. On 12 July, 2007, European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
dismissed Nikola Jorgic's appeal.
Further reading
- Nikola Jorgic, TRIAL (Track Impunity Always)
- Lost War Criminals and Photo of Nikola Jorgic - B&H Centre for Investigative Journalism