Rasim Delić, Bosnian general (d. 2010)

Rasim Delić: A Figure at the Crossroads of the Bosnian War and International Justice

Rasim Delić (4 February 1949 – 16 April 2010) was a prominent military figure during the turbulent dissolution of Yugoslavia, ultimately serving as the Chief of Staff of the Bosnian Army. His career trajectory, from a decorated officer in the Yugoslav People's Army (JNA) to a commander in the newly formed Army of the Republic of Bosnia and Herzegovina (ARBiH) during the brutal Bosnian War (1992-1995), encapsulates the complex loyalties and devastating conflicts of the era. His later conviction by the International Criminal Tribunal for the former Yugoslavia (ICTY) for war crimes marked a significant moment in the accountability process for atrocities committed during the conflict.

From Yugoslav Officer to Bosnian Commander

Born in Čelici, Bosnia and Herzegovina, Rasim Delić embarked on a distinguished military career within the JNA, the armed forces of the former Socialist Federal Republic of Yugoslavia. He graduated from the Military Academy in Belgrade and held various command positions, demonstrating a commitment to professional soldiering within the federal system. However, as ethnic tensions escalated and Yugoslavia disintegrated in the early 1990s, Delić, like many officers of Bosnian origin, faced a stark choice. In April 1992, with the Bosnian War imminent, he resigned from the JNA, aligning himself with the nascent Bosnian defense forces, initially the Territorial Defense of Bosnia and Herzegovina.

His leadership qualities quickly became apparent, and he played a crucial role in organizing and commanding the nascent ARBiH. From June 1993 until the end of the war in December 1995, Delić served as the Chief of the Main Staff of the ARBiH, effectively holding the highest military command position. In this capacity, he was responsible for the strategic direction, planning, and execution of military operations for the ARBiH, which was primarily tasked with defending the Republic of Bosnia and Herzegovina against well-equipped Serb and Croat forces.

The ICTY Trial and Command Responsibility

Following the cessation of hostilities, the international community, through the United Nations Security Council, established the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague to prosecute individuals responsible for serious violations of international humanitarian law committed in the former Yugoslavia since 1991. Rasim Delić was indicted by the ICTY in 2005, primarily on the basis of superior criminal responsibility, also known as "command responsibility" (Article 7(3) of the ICTY Statute).

The principle of command responsibility holds commanders accountable not only for crimes they ordered but also for crimes committed by their subordinates if they knew or had reason to know that such crimes were about to be committed or had been committed, and failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators. In Delić's case, the indictment focused on atrocities committed by a foreign volunteer unit, often referred to as the "El Mudžahid Detachment," which was part of the 3rd Corps of the ARBiH, under his overall command.

After a trial that lasted several years, the ICTY Trial Chamber delivered its verdict in 2008. While Delić was acquitted of charges related to murder and outrages upon personal dignity, he was found guilty on one count of cruel treatment. The conviction stemmed from his failure to take adequate measures to prevent or punish the cruel treatment of twelve captured Serb soldiers by the El Mudžahid Detachment in the Livade and Kamenica camps in July and August 1995. He was sentenced to three years in prison, a sentence later upheld by the Appeals Chamber in 2010. Delić passed away shortly after the Appeals Chamber confirmed his sentence, on 16 April 2010.

FAQs about Rasim Delić and the ICTY Case

Who was Rasim Delić?
Rasim Delić was a Bosnian military officer who served as the Chief of Staff of the Army of the Republic of Bosnia and Herzegovina (ARBiH) during the Bosnian War from 1993 to 1995. He was previously a career officer in the Yugoslav People's Army (JNA) before the breakup of Yugoslavia.
What was his role during the Bosnian War?
As Chief of Staff of the ARBiH, Rasim Delić was the highest-ranking military commander responsible for the overall strategic and operational command of the Bosnian Army in its efforts to defend the country during the conflict.
Why was he prosecuted by the ICTY?
Rasim Delić was indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) on charges of war crimes under the principle of "command responsibility." This legal doctrine holds commanders accountable for crimes committed by their subordinates if they failed to prevent or punish those crimes.
What was the specific charge he was convicted of?
The ICTY convicted Rasim Delić for one count of cruel treatment of captured Serb soldiers by a subordinate unit, the El Mudžahid Detachment, in 1995. He was acquitted of other charges, including murder and outrages upon personal dignity.
What was his sentence?
Rasim Delić was sentenced to three years in prison by the ICTY. This sentence was upheld on appeal shortly before his death in April 2010.