Prosecutor v. Plavšić

Case No. IT-00-39 & 40/1-T (2003)

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Prosecutor v. Plavšić

International Criminal Tribunal for the Former Yugoslavia
Case No. IT-00-39 & 40/1-T (2003)

Facts

Biljana Plavšić (defendant) was a professor for many years. At age 60, Plavšić entered politics, and she rose to leadership in the Serbian Republic of Bosnia and Herzegovina during an armed conflict. Plavšić was one of only a few political leaders who operated the republic. While Plavšić was in power, Serbian forces engaged in the widespread, systematic, and brutal persecution of thousands of non-Serbians, primarily Muslims and Croats. This persecution included killing, torturing, sexual violence, and expulsion. Although Plavšić did not participate in planning these crimes, she heard reports that Serbian forces were committing significant atrocities and did nothing to investigate, stop, or punish the crimes. Instead, Plavšić supported and covered up the crimes, including praising the Serbian forces who were committing the crimes and publicly denying that the atrocities were occurring. However, later, Plavšić also worked to end the conflict and bring peace, even when facing threats of violence for her efforts. The prosecutor for the International Criminal Tribunal for the Former Yugoslavia charged Plavšić with several crimes against humanity. Plavšić voluntarily surrendered and pleaded guilty to persecution, i.e., the commission of a crime with discriminatory intent. As part of her efforts to restore peace, Plavšić publicly acknowledged the crimes and expressed remorse, claiming that she had been so focused on the Serbian victims of human-rights abuses that she had lost sight of what was acceptable. The prosecutor requested a sentence of 15 to 25 years and dismissed the other charges. At that time, Plavšić was 72 years old with an expected lifespan of 80. Plavšić argued that any sentence over eight years was a life sentence and that her guilty plea and remorse justified less than the maximum sentence of life imprisonment. The tribunal’s trial chamber considered the appropriate sentence.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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