Miodrag Jokic

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Miodrag Jokić (born  February 25, 1935 in Valjevo ) is a former high-ranking member of the Navy of the Yugoslav People's Army . During the Croatian War he was involved in the Battle of Dubrovnik , during which, under his command, on December 6, 1991, the historic old town of Dubrovnik was heavily shelled . For the resulting killing of two people and the destruction or damage to important cultural property , he was tried before the International Criminal Tribunal for the Former Yugoslavia in 2001 and sentenced three years later to a seven-year prison term, which he served in Denmark until September 2008 . Among the more than 60 people convicted by the Court, he was among the 20 or so accused who pleaded guilty.

Historical and legal background

Miodrag Jokić, who joined the Yugoslav People's Army at the age of 19 , was promoted to Vice Admiral in 1991 and was appointed commander of the Army's Ninth Marine Sector. In this capacity he was involved in the Battle of Dubrovnik during the Croatian War . On December 6, 1991, under his command, the historic old town of Dubrovnik, recognized as a World Heritage Site , was bombarded with around 1,000 bullets, as a result of which two people died and three people were injured. In addition, six culturally, scientifically or socially significant buildings were completely destroyed and around 68 percent of the entire old town building stock was damaged.

On February 27, 2001, he was charged in absentia before the International Criminal Tribunal for the Former Yugoslavia . The charges initially included violations of the laws and customs of war in accordance with Article 3 of the Statute of the Court of Justice and serious violations of the Geneva Conventions of 1949 in accordance with Article 2. After the indictment was published on October 2, 2001, Miodrag Jokić surrendered on November 12, 2001 In the same year he was one of the first defendants to volunteer to appear in court and plead not guilty at a first hearing two days later. At that time he was the highest-ranking member of the Yugoslav People's Army who voluntarily presented himself to the court.

In the further course of the proceedings, the Article 3-based charge was revised and the second point was removed in return, since in the Prosecution's view it essentially represented an unnecessary repetition of the first. As a result, Miodrag Jokić, both under personal criminal responsibility and under his responsibility as a superior, was exposed to, among other things, murder , cruel treatment, attacks on civilians , destruction without military necessity, unlawful attacks on civilian objects as well as destruction or damage to facilities with religious, accused of charitable, artistic and scientific importance.

On August 27, 2003, he made a full admission of guilt , as a result of which the prosecution recommended a prison sentence of ten years. In its subsequent judgment, the court found that he had extensive command and control resulting from his admiral rank . Nevertheless, in the opinion of the court, his responsibility for the criminal offenses of which he was accused was largely based not on his own participation or on direct ordering of actions, but rather on failure to take the necessary orders to prevent them.

The fact that he had voluntarily presented himself to the court, as well as his admission of guilt and his active cooperation with the prosecution contributed to the investigation of the events surrounding the attack on Dubrovnik and were accordingly assessed as mitigating by the court. On March 18, 2004, he was sentenced to seven years in prison. After confirmation of sentence by the Appeals Chamber of the Court Miodrag Jokic was established in October 2006 after serving his sentence Denmark brought that since his transfer to The Hague in custody spent time was reckoned to him. On September 1, 2008, he was released early from custody.

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