Prosecutor v. Jelisić

Serbian forces imprisoned Brčko’s Muslim leaders and community in detention camps. Goran Jelisić (defendant) commanded one camp. Jelisić terrorized the camp’s prisoners, arbitrarily selecting individuals to be beaten or killed, boasting to prisoners about how many Muslims he had killed, and warning the prisoners that only 5 to 10 percent would survive. Jelisić referred to himself as the “Serb Adolf,” sometimes talked about killing Muslim men and sterilizing Muslim women, and sometimes talked about killing all Muslims. Prisoners observed camp guards using lists to select prisoners for execution. Jelisić did not always kill prisoners, however. Jelisić forced one Muslim prisoner to play roulette with a partially loaded gun, then released the prisoner when he survived. Jelisić had another prisoner beaten and then released that person and other Muslims. Witnesses stated that Jelisić seemed more likely to kill when he was accompanied by a particular woman, perhaps to impress her. Ultimately, Jelisić murdered or abused many Muslims. The prosecutor for the International Criminal Tribunal for the Former Yugoslavia charged Jelisić with 32 war crimes and crimes against humanity, including genocide. Jelisić was diagnosed as an immature narcissist with borderline-personality disorder. Jelisić pleaded guilty to all the charges except genocide. At the genocide trial, the prosecutor presented a list that contained the names of local Muslim leaders, claiming it was evidence that Jelisić had systematically selected leaders for execution to eliminate Muslims as a group. After the prosecution’s case ended and before the defense began, the trial chamber considered whether the prosecution had established the elements of genocide.