Veselin Šljivancanin
Encyclopedia
Veselin Šljivančanin is a former Montenegrin officer in the Yugoslav People's Army
Yugoslav People's Army
The Yugoslav People's Army , also referred to as the Yugoslav National Army , was the military of the Socialist Federal Republic of Yugoslavia.-Origins:The origins of the JNA can...

 (JNA) who participated in the Battle of Vukovar
Battle of Vukovar
The Battle of Vukovar was an 87-day siege of Vukovar in eastern Croatia by the Yugoslav People's Army , supported by various paramilitary forces from Serbia, between August and November 1991. Before the Croatian War of Independence the Baroque town was a prosperous, mixed community of Croats,...

 and was subsequently convicted on a war crimes indictment by 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...

 for his role in the Vukovar massacre
Vukovar massacre
The Vukovar massacre, also known as Vukovar hospital massacre or simply Ovčara, was a war crime that took place between November 20 and November 21, 1991 near the city of Vukovar, a mixed Croat/Serb community in northeastern Croatia...

. His prison sentence was changed twice, from five to 17 to ten years.

Biography

Šljivančanin was born in Palež near Žabljak
Žabljak
Žabljak is a small town in northern Montenegro. It has a population of 1,937.Žabljak is the seat of the municipality...

, PR Montenegro, then FPR Yugoslavia, to a family of the Drobnjaci
Drobnjaci
Drobnjaci is an Old Herzegovinian clan and region in northern Montenegro . Its unofficial centre is in Boan/Šavnik. The Drobnjaci families are predominantly Serb Orthodox, with a majority declaring as Serbs, the rest as Montenegrins...

 Montenegrin clan.

As a Major
Major
Major is a rank of commissioned officer, with corresponding ranks existing in almost every military in the world.When used unhyphenated, in conjunction with no other indicator of rank, the term refers to the rank just senior to that of an Army captain and just below the rank of lieutenant colonel. ...

 of JNA, Šljivančanin took part in the battle of Vukovar
Battle of Vukovar
The Battle of Vukovar was an 87-day siege of Vukovar in eastern Croatia by the Yugoslav People's Army , supported by various paramilitary forces from Serbia, between August and November 1991. Before the Croatian War of Independence the Baroque town was a prosperous, mixed community of Croats,...

 which was fought from the end of August until 18 November 1991.

After the fall of Vukovar, he was promoted to the rank of Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...

 and was placed in command of a brigade of JNA
Yugoslav People's Army
The Yugoslav People's Army , also referred to as the Yugoslav National Army , was the military of the Socialist Federal Republic of Yugoslavia.-Origins:The origins of the JNA can...

 stationed at Podgorica
Podgorica
Podgorica , is the capital and largest city of Montenegro.Podgorica's favourable position at the confluence of the Ribnica and Morača rivers and the meeting point of the fertile Zeta Plain and Bjelopavlići Valley has encouraged settlement...

 (then still Titograd), Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...

.

He was promoted to Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...

 in the beginning of 1996, in the new national army of the FR Yugoslavia following the disbanding of the JNA, and transferred to the Military Academy in Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...

, where he served as a lecturer in military tactics. He retired from military service in October 2001.

Trial

Šljivančanin was indicted
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 in 1995, along with Mile Mrkšić
Mile Mrkšic
Mile Mrkšić is a former Serb Colonel of the Yugoslav People's Army in charge of the unit involved in the Battle of Vukovar during the Croatian War of Independence in 1991...

, Miroslav Radić and Slavko Dokmanović
Slavko Dokmanovic
Slavko Dokmanović was born on 14 December 1949 in Trpinja, SR Croatia, Yugoslavia, and died on 29 June 1998, in The Hague...

, by 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). The indictment accused him of "responsibility for the mass killing at Ovčara
Vukovar massacre
The Vukovar massacre, also known as Vukovar hospital massacre or simply Ovčara, was a war crime that took place between November 20 and November 21, 1991 near the city of Vukovar, a mixed Croat/Serb community in northeastern Croatia...

, near Vukovar, of approximately 260 captive non-Serb men", on the following grounds:
  • he was in direct command of Serb forces that took control of the Vukovar Hospital on 18 November 1991 and evacuated people from there over the following days to the Ovčara farm building;
  • he personally directed the selection and removal from the hospital of about 400 non-Serbs whom the JNA
    Yugoslav People's Army
    The Yugoslav People's Army , also referred to as the Yugoslav National Army , was the military of the Socialist Federal Republic of Yugoslavia.-Origins:The origins of the JNA can...

     suspected to be Croatian paramilitaries;
  • he ordered JNA soldiers under his command to deliver custody of the detainees to other Serb forces who physically executed them.


He was arrested in Belgrade by Serbian authorities on 13 June 2003, as part of the new policy of Serbia and Montenegro
Serbia and Montenegro
Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...

 in which they agreed to comply with the UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 and the ICTY. He was handed over to the ICTY on 1 July. The trial against him commenced in October 2005.

The court's verdict on 27 September 2007, found Šljivančanin guilty of "aiding and abetting the torture of the prisoners" and sentenced him to five years in prison. He was found not-guilty of crimes against humanity, as the court found that the Serbian Territorial Defence and local Serb paramilitaries had carried out the killings. However, Šljivančanin as a JNA officer did not prevent the prisoners' beatings by the local Serb forces.

The sentence caused outrage among the Croatian public and press, with Croatia's political leaders voicing outrage to the verdict. The BBC World Service
BBC World Service
The BBC World Service is the world's largest international broadcaster, broadcasting in 27 languages to many parts of the world via analogue and digital shortwave, internet streaming and podcasting, satellite, FM and MW relays...

 interviewed one of the administrators of Vukovar's hospital, who likened the trial in the Hague to a civilian court hearing in Croatia, whereby "people who steal cars can be given 20 years in prison."

On 5 May 2009, the court announced it would increase the sentence for Šljivančanin to 17 years for aiding and abetting the murder of prisoners of war after the fall of Vukovar, while his guilt for aiding and abetting torture was reaffirmed. The official statement states that the Appeals Chamber found that the Trial Chamber erred in acquitting Šljivančanin of aiding and abetting murder in Vukovar. The Judge Theodor Meron
Theodor Meron
Theodor Meron was the President of the International Criminal Tribunal for the former Yugoslavia until 2005, and now serves as a judge on the Appeals Chambers of the International Criminal Tribunal for Rwanda and the ICTY. On October 19, 2011, he was elected to a second two-year term as President...

 stated "that Mr. Šljivančanin was under a duty to protect the prisoners of war held at Ovčara and that this responsibility included the obligation not to allow the transfer of custody of the prisoners of a war to anyone without first satisfying himself that they would not be harmed. Mr. Mrkšić’s order to withdraw the JNA troops did not relieve him of his position as an officer of the JNA."

His sentence was reduced in December 2010 based on a testimony of one Miodrag Panić, a JNA officer who said that Šljivančanin was not informed by Mrkšić that JNA soldiers would be pulled back from Ovčara.

External links

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