Nicholas "Nick" Ribic (born 1974) is a Canadian who fought in the
Bosnian Serb Army
The Army of Republika Srpska ( sr, Војска Републике Српске/Vojska Republike Srpske; ВРС/VRS), commonly referred to in English as the Bosnian Serb Army, was the military of Republika Srpska (RS), the self-proclaimed Serb ...
where he was also known as Nikola Ribić. In 1995, he took four
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
peacekeepers hostage and used them as a
human shield
A human shield is a non-combatant (or a group of non-combatants) who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it. The use of human shields as a resistance measure was popula ...
to try to force a halt to the
ongoing bombing of Serb-held territories in Bosnia by
NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
forces.
He was the first Canadian to be prosecuted for a hostage-taking committed outside the country.
Ribic was charged under a section of the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
on jurisdiction that had never been used before that allows Canada to claim jurisdiction over kidnapping and hostage-taking offences outside of the country when a Canadian perpetrator and/or victim is involved.
Ribic's hostage was a fellow Canadian, Capt. Patrick Rechner, working in Bosnia as an unarmed U.N. military observer. The May 1995 worldwide television and newspaper coverage showed the photo of Capt. Rechner chained to a
lightning rod
A lightning rod or lightning conductor (British English) is a metal rod mounted on a structure and intended to protect the structure from a lightning strike. If lightning hits the structure, it will preferentially strike the rod and be conducte ...
at an ammunition
bunker
A bunker is a defensive military fortification designed to protect people and valued materials from falling bombs, artillery, or other attacks. Bunkers are almost always underground, in contrast to blockhouses which are mostly above ground. ...
in the Bosnian Serb stronghold of
Pale
Pale may refer to:
Jurisdictions
* Medieval areas of English conquest:
** Pale of Calais, in France (1360–1558)
** The Pale, or the English Pale, in Ireland
*Pale of Settlement, area of permitted Jewish settlement, western Russian Empire (179 ...
. Ribic was in the uniform of a Bosnian Serb soldier, wielding an AK47 rifle, in the company of other Serb soldiers. Held for 24 days, the photo of Capt. Rechner became a symbol of the United Nations' incapacity to deal with Serb military offensives.
[
]
Hostage taking
Ribic travelled to Republika Srpska
Republika Srpska ( sr-Cyrl, Република Српска, lit=Serb Republic, also known as Republic of Srpska, ) is one of the two Political divisions of Bosnia and Herzegovina, entities of Bosnia and Herzegovina, the other being the Feder ...
in 1992, ostensibly because he "want dto fight Muslims". There he joined the Bosnian Serb Army as a volunteer. On May 24, 1995, British General Rupert Smith
General Sir Rupert Anthony Smith, (born 13 December 1943) is a retired British Army officer and author of '' The Utility of Force''. He was a senior commander during the Gulf War, for which he was recognised with the award of the Distinguished ...
, leading a United Nations contingent, warned both the Bosnian Muslims
The Bosniaks ( bs, Bošnjaci, Cyrillic: Бошњаци, ; , ) are a South Slavic ethnic group native to the Southeast European historical region of Bosnia, which is today part of Bosnia and Herzegovina, who share a common Bosnian ancestry, cu ...
and the Bosnian Serbs
The Serbs of Bosnia and Herzegovina ( sr-Cyrl, Срби у Босни и Херцеговини, Srbi u Bosni i Hercegovini) are one of the three constitutive nations (state-forming nations) of the country, predominantly residing in the politi ...
in Pale
Pale may refer to:
Jurisdictions
* Medieval areas of English conquest:
** Pale of Calais, in France (1360–1558)
** The Pale, or the English Pale, in Ireland
*Pale of Settlement, area of permitted Jewish settlement, western Russian Empire (179 ...
to cease street fighting and shelling, or risk an air strike
An airstrike, air strike or air raid is an offensive operation carried out by aircraft. Air strikes are delivered from aircraft such as blimps, balloons, fighters, heavy bombers, ground attack aircraft, attack helicopters and drones. The offic ...
from NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
aircraft. The Serbian faction ignored the warning, and was hit by a retaliatory airstrike which dropped two bombs on their base ten kilometres south of the city the next day.
The day after the bombs were dropped, it is alleged that Ribic and other Bosnian Serbs walked into the United Nations office with AK-47
The AK-47, officially known as the ''Avtomat Kalashnikova'' (; also known as the Kalashnikov or just AK), is a gas operated, gas-operated assault rifle that is chambered for the 7.62×39mm cartridge. Developed in the Soviet Union by Russian s ...
s and took several staff members hostage, including Russians Capt. Zidlik and Capt. Pavel Teterevsk, and Canadian Capt. Patrick Rechner. They demanded that Major Guy Lavender phone Smith, and subsequently warned the General that bombing of Serb targets had to cease or the hostages would be killed.["Bosnian Serbs holding peacekeepers hostage", '']Toronto Star
The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. The newspaper is the country's largest daily newspaper by circulation. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part ...
'', May 27, 1995.
The hostages were taken to the Serbian base south of the city, where Rechner was handcuffed to a lightning rod outside a warehouse being used to store mortar rounds. Ribic then allegedly phoned the United Nations and warned that "The three UN observers are at the site of the warehouse. Any more bombings, they'll be the first to go." The prisoners were noted to have been "treated well" during their confinement, and were voluntarily returned to the United Nations office on June 18.
Arrest and subsequent trials
In 2000, the Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
traced Ribic down to his new home in Germany, and he was arrested in February. Nine months later, he was extradited
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdict ...
to face charges in Canada, where he was defended by lawyer D'Arcy DePoe.[Thorne, Stephen. ]Canadian Press
The Canadian Press (CP; french: La Presse canadienne, ) is a Canadian national news agency headquartered in Toronto, Ontario. Established in 1917 as a vehicle for the time's Canadian newspapers to exchange news and information, The Canadian Pre ...
, Peacekeeper-Hostage, 2nd Writethru Bgt
Ribic's trial began in Ottawa
Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
, Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
on October 8, 2002.National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with ...
, "Case collapse against Canadian Serb soldier", January 22, 2003 The trial however unraveled three months later when judge Douglas Cunningham of the Supreme Court of Ontario
The Supreme Court of Ontario was a superior court of the Canadian province of Ontario. Created in 1881 pursuant to the Ontario Judicature Act (1881), the Supreme Court of Ontario had two branches: the High Court of Justice Division and the Appell ...
declared a mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
on 20 January 2003, after only nine days of testimony.
Ribic was later tried again in 2005 for hostage taking and allegedly threatening death. His lawyer, D'Arcy DePoe, called it ''"one of the most unusual criminal trials in Canadian history"'' as it was the first time a Canadian had been tried in this manner. "While this is an unusual form of trespass, it is submitted that NATO dropping 2,000-pound bombs on this property was clearly a trespass."
This time, there was no mistrial declared and Ribic was convicted and found guilty of hostage
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized, such as a relative, employer, law enforcement or government to act, or ref ...
taking and threat
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for co ...
ening death and sentenced to three years in prison. Two witnesses from the Canadian Armed Forces
}
The Canadian Armed Forces (CAF; french: Forces armées canadiennes, ''FAC'') are the unified military forces of Canada, including sea, land, and air elements referred to as the Royal Canadian Navy, Canadian Army, and Royal Canadian Air Force.
...
, known only as Witness A and Witness B, were only allowed to testify by transcript during Ribic's 2005 trial.
In 2008, Ribic appealed the decision to the Ontario Court of Appeal
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Societ ...
. Ribic's attorney DePoe objected to the fact that the two witnesses from the Canadian Armed Forces were only allowed to testify by transcript.
The court rejected Ribic's appeal, concluding that Ribic had no connection to the ammunition bunkers that entitled him to defend them from trespassing and that the trial judge's handling of Witness A and Witness B was acceptable.
References
External links
{{DEFAULTSORT:Ribic, Nicholas
1974 births
Army of Republika Srpska soldiers
Living people
People from Edmonton
Canadian people convicted of kidnapping
Canadian people of Serbian descent
Canadian people convicted of war crimes
People extradited from Germany
People extradited to Canada