Momčilo Krajišnik
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Momčilo Krajišnik (; 20 January 1945 – 15 September 2020) was a
Bosnian Serb The Serbs of Bosnia and Herzegovina ( sr-Cyrl, Срби Босне и Херцеговине, Srbi Bosne i Hercegovine), often referred to as Bosnian Serbs ( sr-cyrl, босански Срби, bosanski Srbi) or Herzegovinian Serbs ( sr-cyrl, ...
political leader and convicted war criminal, who along with
Radovan Karadžić Radovan Karadžić ( sr-Cyrl, Радован Караџић, ; born 19 June 1945) is a Serbs of Bosnia and Herzegovina, Bosnian Serb politician who was convicted of genocide, crimes against humanity and war crimes by the International Criminal ...
co-founded the Bosnian Serb nationalist Serb Democratic Party (SDS). Between 1990 and 1992, he was speaker of the People's Assembly of
Republika Srpska Republika Srpska ( sr-Cyrl, Република Српска, ; also referred to as the Republic of Srpska or Serb Republic) is one of the two Political divisions of Bosnia and Herzegovina, entities within Bosnia and Herzegovina, the other bein ...
. Between June and December 1992, Krajišnik also served as a member of the expanded Presidency of Republika Srpska. After the
Bosnian War The Bosnian War ( / Рат у Босни и Херцеговини) was an international armed conflict that took place in Republic of Bosnia and Herzegovina, Bosnia and Herzegovina between 1992 and 1995. Following several earlier violent incid ...
, he was elected Serb member of the tripartite
Presidency of Bosnia and Herzegovina The presidency of Bosnia and Herzegovina ( sh-Latn-Cyrl, Predsjedništvo Bosne i Hercegovine, separator=" / ", Предсједништво Босне и Херцеговине) is a three-member body which collectively serves as head of state of ...
in the September 1996 election and served in that post from October 1996 until October 1998. He lost his bid for re-election in 1998 to
Živko Radišić Živko Radišić ( sr-Cyrl, Живко Радишић, ; 15 August 1937 – 5 September 2021) was a Bosnian Serb politician who served as the 2nd Serb member of the Presidency of Bosnia and Herzegovina from 1998 to 2002. Radišić previously ser ...
. In 2006, Krajišnik was found guilty of committing
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
during the Bosnian War (1992–95) by the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
(ICTY) and was sentenced to 20 years in prison. He was later granted early release on 1 September 2013 and returned to Republika Srpska. Krajišnik died on 15 September 2020, in
Banja Luka Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the List of cities in Bosnia and Herzegovina, second largest city in Bosnia and Herzegovina and the largest city in Republika Srpska. Banja Luka is the tr ...
, as a result of complications caused by
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
.


Early life

An ethnic Serb, Krajišnik was born in Zabrđe, a village near
Sarajevo Sarajevo ( ), ; ''see Names of European cities in different languages (Q–T)#S, names in other languages'' is the Capital city, capital and List of cities in Bosnia and Herzegovina, largest city of Bosnia and Herzegovina, with a population of 2 ...
in central
Bosnia and Herzegovina Bosnia and Herzegovina, sometimes known as Bosnia-Herzegovina and informally as Bosnia, is a country in Southeast Europe. Situated on the Balkans, Balkan Peninsula, it borders Serbia to the east, Montenegro to the southeast, and Croatia to th ...
. He started his career at Energoinvest, where he became a finance executive and met Mr. Karadzic, a fellow employee.


Political developments in Bosnia leading to the war

On 15 October 1991, the parliament of
SR Bosnia and Herzegovina The Socialist Republic of Bosnia and Herzegovina ( sh-Latn-Cyrl, separator=" / ", Socijalistička Republika Bosna i Hercegovina, Социјалистичка Pепублика Босна и Херцеговина), commonly referred to as Socia ...
passed a resolution on the sovereignty of Bosnia and Herzegovina, in spite of strong opposition from Bosnian Serb deputies. Ten days later, the Serb Democratic Party (SDS) formed a Bosnian Serb Assembly, with Momčilo Krajišnik acting as its president. The Bosnian Serb Assembly began establishing parallel government structures.


Participation in the Dayton negotiations

Krajišnik took part in the negotiations leading to the
Dayton Agreement The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement or the Dayton Accords ( sh-Latn-Cyrl, Dejtonski mirovni sporazum, Дејтонски мировни споразум), and colloquially kn ...
. He earned the nickname "Mr. No" for his uncompromising stance during negotiations. About that period,
Richard Holbrooke Richard Charles Albert Holbrooke (April 24, 1941 – December 13, 2010) was an American diplomat and author. He was the only person to have held the position of Assistant Secretary of State for two different regions of the world (Asia from 1977 ...
noted in his memoirs:


Indictment by the ICTY and arrest

Krajišnik was indicted by the ICTY on various charges of
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
- namely extermination, murder, persecution, deportation, and forced transfer, murder as a
war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
, and
genocide Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
- in relation to acts committed in 1992 in
Bosnia and Herzegovina Bosnia and Herzegovina, sometimes known as Bosnia-Herzegovina and informally as Bosnia, is a country in Southeast Europe. Situated on the Balkans, Balkan Peninsula, it borders Serbia to the east, Montenegro to the southeast, and Croatia to th ...
by Bosnian Serb forces. He was tracked by French intelligence special forces
13e RDP The 13e Régiment de Dragons Parachutistes () or 13e RDP is a special reconnaissance unit of the French Army. It belongs to the French Army Special Forces Command, and therefore to the Special Operations Command. The regiment is based in Mar ...
. He was arrested on 3 April 2000 at Pale by French SEALs Commando Hubert which were part of
SFOR The Stabilisation Force (SFOR) was a NATO-led multinational peacekeeping force deployed to Bosnia and Herzegovina after the Bosnian War. Although SFOR was led by NATO, several non-NATO countries contributed troops. It was replaced by EUFOR Alt ...
.


Conviction by the ICTY

On 27 September 2006 Krajišnik was convicted of the following crimes against humanity: extermination, murder, persecution, deportation, and forced transfer. He was acquitted of the charges of murder as a war crime, genocide, and complicity in genocide. He was sentenced to 27 years imprisonment. ICTY judges found that Krajišnik had been part of a joint criminal enterprise which carried out the extermination, murder, persecution and deportation of non-Serbs during the Bosnian war between 1992 and 1995. Judge Alphons Orie observed that "Krajišnik's role in the commission of the crimes was crucial ... His positions within the Bosnian Serb leadership gave him the authority to facilitate the military, police and paramilitary groups to implement the objective of the joint criminal enterprise". He noted "Mr Krajišnik... accepted that a heavy price of suffering, death and destruction was necessary to achieve Serb domination." Krajišnik was acquitted of genocide or complicity in genocide on the grounds that the court had found no evidence of a
genocidal intent Genocidal intent is the specific mental element, or , required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the '' dolus speciali ...
on his part to destroy in full or part ethnic or religious communities. This decision was greeted with anger by representatives of victims of crimes of which Krajišnik had been found guilty, who found his acquittal on the charge of genocide difficult to accept. Bakira Hasečić of the Association of Women Victims of War, an organisation which campaigns for the prosecution of those responsible for the use of rape as a weapon of war that was a feature of the ethnic cleansing campaign, commented that "The sentence is a major blow to justice. It is an insult for the victims." On 17 March 2009 the charges of murder and extermination were dropped and the sentence was reduced to 20 years. While the ICTY judges found that while there was evidence that crimes committed in Bosnia constituted the criminal act of genocide (''
actus reus In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is some ...
''), they did not establish that the accused possessed
genocidal intent Genocidal intent is the specific mental element, or , required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the '' dolus speciali ...
, or was part of a criminal enterprise that had such an intent (''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...
''). According to Edina Bećirević, both Krajišnik and
Radovan Karadžić Radovan Karadžić ( sr-Cyrl, Радован Караџић, ; born 19 June 1945) is a Serbs of Bosnia and Herzegovina, Bosnian Serb politician who was convicted of genocide, crimes against humanity and war crimes by the International Criminal ...
were warned by Bosnian Serb military commander General
Ratko Mladić Ratko Mladić ( sr-Cyrl, Ратко Младић, ; born 12 March 1942) is a Bosnian Serb former military officer who led the Army of Republika Srpska (VRS) during the Yugoslav Wars. In 2017, he was found guilty of committing war crimes, crim ...
, also indicted on genocide charges, that their "plans" could not be committed without committing genocide:


Imprisonment and release

In 2009, Krajišnik was transferred to the UK under the UK's enforcement agreements with the ICTY to serve his sentence at
HM Prison Belmarsh His Majesty's Prison Belmarsh is a Category A men's prison located in Thamesmead, south-east London, England. Belmarsh Prison is run by His Majesty's Prison Service and is situated next to HMP Isis and HMP Thameside. The prison is used for ...
. In 2010, after a single year in prison, he filed a request for early release, which was rejected, as in practice the ICTY considers early release only after two thirds of the original sentence is served, unlike the UK where it is often considered after only half of the sentence is served. In 2011, another request for early release was made, according to Krajišnik's brother, Mirko, in response to a British government initiative. Krajišnik said that the ICTY had received a proposal from the UK's Ministry of Justice that Momčilo Krajišnik, as a person serving a sentence in the UK, should apply for premature release based on the fact that he had served half his sentence. He had at that point been in prison both at The Hague and then in the UK since 3 April 2000. On 1 September 2013, he was released from prison and went back to Republika Srpska after being granted early release by ICTY President
Theodor Meron Theodor Meron, (born 28 April 1930) is an American lawyer and judge. He served as a judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the International Residual ...
, having served two thirds of his 20 year sentence. After arriving in
Banja Luka Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the List of cities in Bosnia and Herzegovina, second largest city in Bosnia and Herzegovina and the largest city in Republika Srpska. Banja Luka is the tr ...
, a government helicopter flew him home to his wartime stronghold of Pale, where thousands of people welcomed him home. His supporters arrived by bus from across
Republika Srpska Republika Srpska ( sr-Cyrl, Република Српска, ; also referred to as the Republic of Srpska or Serb Republic) is one of the two Political divisions of Bosnia and Herzegovina, entities within Bosnia and Herzegovina, the other bein ...
and convoys of cars were on the streets of Pale with people waving Serbian flags, honking horns, and stopping at the main square as Serb nationalist songs were played. He then told reporters: "It's like a dream. You have no idea how beautiful this country is". He added that he was surprised by his welcome, as "after all, I am 'a war criminal'".


Death

On 29 August 2020, Krajišnik was taken to the
Banja Luka Banja Luka ( sr-Cyrl, Бања Лука, ) or Banjaluka ( sr-Cyrl, Бањалука, ) is the List of cities in Bosnia and Herzegovina, second largest city in Bosnia and Herzegovina and the largest city in Republika Srpska. Banja Luka is the tr ...
hospital after it was confirmed that he tested positive for
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
, amid the COVID-19 pandemic in Bosnia and Herzegovina. The next day, on 30 August, his condition worsened and was put on a
ventilator A ventilator is a type of breathing apparatus, a class of medical technology that provides mechanical ventilation by moving breathable air into and out of the lungs, to deliver breaths to a patient who is physically unable to breathe, or breathi ...
to help him breathe. Krajišnik died on 15 September 2020, in Banja Luka, as a result of complications caused by COVID-19.


References


External links


BBC News Profile on Momčilo Krajišnik
BBC News, 27 September 2006 {{DEFAULTSORT:Krajisnik, Momcilo 1945 births 2020 deaths Politicians from Sarajevo University of Sarajevo alumni Members of the Presidency of Bosnia and Herzegovina Serbs of Bosnia and Herzegovina convicted of crimes against humanity Politicians of the Bosnian War Speakers of the National Assembly of Republika Srpska People convicted by the International Criminal Tribunal for the former Yugoslavia Serb Democratic Party (Bosnia and Herzegovina) politicians Serbian nationalists Heads of state convicted of war crimes Heads of government who were later imprisoned Deaths from the COVID-19 pandemic in Bosnia and Herzegovina Serbian people convicted of murder