Dragan Nikolić (born 26 April 1957) is a Serb war criminal and former commander of the Sušica camp near Vlasenica in eastern Bosnia and Herzegovina. He was arrested in Bosnia and Herzegovina by the NATO-led Stabilization Force (SFOR) and taken to the Hague in Netherlands for trial.[1]
Nikolic argued that the sovereignty of Bosnia and Herzogovina was violated when he was abducted by SFOR rather than being voluntarily extradited. He contended that as a result the International Criminal Tribunal for the Former Yugoslavia (ICTY) could not exercise jurisdiction over the case. The ICTY Appeals Chamber commented on the need to balance a legitimate expectation that someone accused of "universally condemned offences" be brought to justice "against the principle of State sovereignty and fundamental human rights of the accused".[2] The Appeals Chamber found "no basis upon which jurisdiction should not be exercised". Following the ICTY trial, he was sentenced to 23 years in prison on 18 December 2003. This was reduced to 20 years following a sentence appeal.[3]
8,000 Muslim and non-Serb civilians were detained in the Susica camp between May and October 1992. The camp was overcrowded, did not provide places for detainees to sleep and provided little food which was sometimes spoiled. Detainees were beaten with some dying from their injuries. Female detainees were sexually assaulted and raped.[3]
Nikolić is serving his sentence at a prison in Italy.[3]