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ICTY PROSECUTORS MUST NOT MAKE SAME MISTAKES IN KARADZIC TRIAL

March 30, 2009 3 comments

PHOTO: Serge Brammertz, Chief United Nations’ Prosecutor of the
International Criminal Tribunal for the Former Yugoslavia (ICTY).

“The same legal team which led the prosecution in the [Momcilo] Krajisnik case is in charge of prosecuting [Radovan] Karadzic, too, and unless they change their strategy, they could repeat the same mistakes.”

KRAJISNIK APPEAL MAY PRESENT PROBLEMS FOR KARADZIC PROSECUTORS

Appeals verdict in Momcilo Krajisnik case suggests prosecution could have trouble proving charges against former Bosnian Serb president.

By Edina Becirevic in Sarajevo

Last week’s appeals judgement against Momcilo Krajisnik surprised many by reducing the sentence awarded and clouding the trail of responsibility for atrocities committed during the 1992-95 war in Bosnia and Hercegovina.

On March 17, appeals judges at the Hague tribunal confirmed the conviction of former president of the Bosnian Serb assembly for the persecution of Bosniaks and Bosnian Croats in 32 Bosnian municipalities through acts of deportation and forcible transfer of the non-Serb population out of Bosnia.

However, they reduced his prison sentence by seven years, after reversing convictions against him for murder, extermination and persecutions (through crimes other than deportation and forcible transfer).

The reasoning of the final verdict yet again highlights key weaknesses of the system and practice of the Hague tribunal.

It could also have implications for the genocide case of the highest-profile indictee currently in custody – former Bosnian Serb president Radovan Karadzic.

In the trial chamber judgement of September 27, 2006, Krajisnik was sentenced to 27 years’ imprisonment after judges convicted him of killing some 3,000 non-Serbs and forcibly removing another 100,000 non-Serbs from large swathes of Bosnia in 1991 and 1992.

Trial judges acquitted him of genocide, as while they found evidence that this crime had been committed, they did not establish that Krajisnik had shown the criminal intent necessary to secure a conviction. (Page 305 of the first-instance judgment is available at: www.icty.org/x/cases/krajisnik/tjug/en/kra-jud060927e.pdf)

By not appealing the genocide acquittal, prosecutors showed they accepted their own failure to prove that Krajisnik intended to commit genocide in Bosnia.

The appeals chamber ruling highlights another shortcoming of the prosecution case against Krajisnik – the attempt to establish the accused’s responsibility for crimes through use of the “joint criminal enterprise” doctrine.

This is legal doctrine under which members of a group are considered to be part of a conspiracy and are held responsible for each other’s criminal acts.

One problem with its use in the Krajisnik case seems to be that it wasn’t clearly established during the trial at what point the members of the joint criminal enterprise intended to commit certain crimes.

Appeals judges confirmed the trial chamber verdict that the accused “shared the intent” to commit deportation, forcible transfer and persecution “from the beginning of the joint criminal enterprise”.

Yet they found that trial judges did not clearly set out in their judgement at what point the Bosnian Serb leaders conspired to commit murder, extermination and persecution (excluding acts of deportation and forcible transfer) and so convictions against Krajisnik on these charges were overturned.

“..The Appeals Chamber is not able to conclude with the necessary preciseness how and at which point in time the common objective of the joint criminal enterprise included the expanded crimes [of murder, extermination and persecution] and, consequently, on what basis the Trial Chamber imputed those expanded crimes to Krajisnik,” stated the appeals judgement.

Another problem seems to stem from the fact that prosecutors failed to name all members of the joint criminal enterprise in the indictment.

Appeals judges accepted the argument submitted by the defence that trial judges had not clearly established who prosecutors were referring to when they mentioned lower-level participants, including paramilitaries and politicians.

In Krajisnik’s indictment, prosecutors identified a diverse group of people as taking part in the same joint criminal enterprise as the accused.

The list included Bosnian Serbian politicians Biljana Plavsic, Radovan Karadzic, Radoslav Brdjanin and Nikola Koljevic; Serbian president Slobodan Milosevic, Serbian paramilitary leader Zeljko Raznjatovic (aka “Arkan”); as well as Bosnian Serb generals Ratko Mladic and Momir Talic.

While other members are not individually named, the indictment states that “numerous individuals participated”.

The indictment vaguely alludes to these individuals – implicating members of the Bosnian Serb leadership, the Serbian Democratic Party, SDS, leadership, the Yugoslav army, the Bosnian Serb army, police and territorial defence, the Serbian and Bosnian Serb paramilitary forces and volunteer units, and military and political figures from the former Yugoslavia, Serbia and Montenegro.

But by not specifying clearly who all the individual members of the joint criminal enterprise were, prosecutors made it harder to prove that Krajisnik was responsible for their crimes.

A further flaw with prosecution’s attempts to prove Krajisnik’s participation in a joint criminal enterprise, as well as his responsibility for genocide, was the limited time covered by his indictment, which spans only the period from July 1, 1991, to December 30, 1992.

It is hard to follow the logic of the prosecution for restricting the indictment to these 18 months, as he remained president of the Bosnian Serb assembly for the entire period of the 1992-95 war.

He was therefore a key member of the Bosnian Serb leadership at the time of the Srebrenica massacre of July 1995, which both the Hague tribunal and the International Court of Justice, ICJ, have found to have been genocide.

By limiting their case to this narrow window, prosecutors made it harder to demonstrate the extent of the criminal plan in which Krajisnik took part.

This can be illustrated further by comparing the case to that of Milosevic.

Prosecutors in the Milosevic case attempted to prove that the accused participated in a joint criminal enterprise and possessed genocidal intent by demonstrating his involvement in an alleged plan drawn up at the Bosnian Serb assembly on May 12, 1992.

They argued that the so-called Six Strategic Objectives of the Serbian People set out the Bosnian Serb leadership’s plan to separate Serbs from Bosnia’s Bosniak and Croat communities by carving up the country.

According to the prosecution, they defined the leaders’ military objectives in the war – to create an ethnically pure Republika Srpska which would later become part of a Greater Serbia – and were clearly pursued until the conflict ended.

When presenting their case, the prosecutors of Milosevic clearly linked the six strategic goals to crimes committed on the ground throughout the war, with an indictment covering a period from August 1, 1991, to “at least” December 31, 1995.

They argued that the strategic goals were a clear manifestation “that a plan existed to remove non-Serbs from power in all targeted areas and to essentially remove non-Serbs physically from targeted parts of Bosnia, regardless of whether they formed the ethnic majority or not”.

A key argument in their case was that this document could be seen as a vehicle “employed by the Bosnian Serb leadership to implement a genocidal plan”.

Although Milosevic died while in detention in March 2006, before a judgement was passed in his trial, judges found following the presentation of the prosecution case that there was enough evidence on all charges in the indictment to proceed with the case.

Perhaps if prosecutors had charged Krajisnik for crimes committed throughout the entire war – and related his actions to the pursuit of these strategic goals – they would have managed to prove his responsibility for more atrocities, including genocide.

The same legal team which led the prosecution in the Krajisnik case is in charge of prosecuting Karadzic, too, and unless they change their strategy, they could repeat the same mistakes.

The amended Karadzic indictment is an improvement on the last version, updated in April 2000, in which he was not accused of taking part in a joint criminal enterprise at all.

Introducing the joint criminal enterprise doctrine should give prosecutors the opportunity to demonstrate the full extent of the Bosnian Serb leadership’s role in the war, and perhaps prove a link to Belgrade, thus giving a clearer picture of what went on in the conflict.

Furthermore, the time-frame of the Karadzic indictment – which covers the entire 1992-95 period – will allow prosecutors to draw on more evidence to support charges in the indictment.

But a glance at the Karadzic indictment would suggest that prosecutors could learn more from their experience of prosecuting Krajisnik.

When setting out the joint criminal enterprise in the Karadzic indictment, they have failed to include certain key figures, who acted in concert with the Bosnian Serb leadership during the war.

In Karadzic’s indictment, the joint criminal enterprise is defined with the same vagueness that ultimately hamstrung the prosecution in the Krajisnik case.

It states that members of the joint criminal enterprise included, “members of the Bosnian Serb leadership; members of SDS and Bosnian Serb government bodies at the republic, regional, municipal, and local levels, including Crisis Staffs, War Presidencies, and War Commissions”.

To overcome this vagueness, during the presentation of their case, prosecutors must attempt to show a link between Karadzic and the particular individuals who implemented the criminal plan he is accused of orchestrating.

It is very likely that Karadzic’s defence will be based on the notion that Milosevic was responsible for everything and the accused was only a cog in the machine.

Prosecutors must therefore use the evidence of the six strategic goals adopted by the Bosnian Serb parliament at the start of the war to demonstrate evidence of both a joint criminal enterprise and of genocidal intent.

Edina Becirevic is Assistant Professor at the Faculty of Criminal Justice Science, University of Sarajevo. Her OP/ED comment was published by IWPR (Institute for War & Peace Reporting) on March 27, 2009.

JEWS AND BOSNIAN MUSLIMS HAVE JOINT EXPERIENCE IN PERSECUTION AND GENOCIDE IN EUROPE

March 29, 2009 Comments off
Dr. Mustafa Cerić is the Grand Mufti of Bosnia-Herzegovina and a member of the Committee on Conscience fighting against the Holocaust denial

Invited by president of Fondation pour la Memoire de la Shoah, David de Rothschild, Reisu-l-ulema Dr. Mustafa Cerić took part today in Paris, the seat of the UNESCO, in the presentation of Projet Aladin, accompanied by some two hundred prominent intellectuals, historians, academics and political personae from thirty countries, most of them from the Islamic world.

The gathering is about cultural and educational initiative for promotion of the Jewish-Muslim dialogue based upon mutual acquaintance, respect and refusal to deny and diminish Holocaust. Hosted by the UNESCO, former President of France Jacques Chirac, Prince El-Hassan bin Talaal of Jordan, former President of Indonesia Abdurrahman Wahid and former German Chancellor Gerhardt Schroeder, project “Aladdin” aims to assist in Muslim-Jewish dialogue so as to remove many a prejudice and stereotype which burden the Muslim-Jewish relations in the world.

“The call of conscience”


A statement, titled “The Call of Conscience”, was adopted to denote the principle of the project:

We, women and men in public life, historians, intellectuals and people of faith have gathered to announce that defence of values of justice and brotherhood must overcome all obstacles on the way to victory over intolerance, racism and confrontation.

We are witnesses to daily increase in hatred and violence which deepen the abyss of misunderstanding.

That has a particular impact upon the current relations between Muslims and Jews who have, for centuries in Persia, in the Middle Ages of Europe, in Northern Africa and in the Uthmaniyyah Empire, lived in relative harmony.

“Israelis and Palestinians have the right to their own states”


We firmly declare that Israelis and Palestinians have the right to their own states, sovereignty and security and that every peace process adhering to these aims ought to be supported.

Facing the lack of knowledge, the prejudices and competing sentiments which we all reject, we believe in acquainting ourselves of one-another, and in the primacy of History.

Therefore we affirm, above all political views, our decisiveness to defend the historic truth as there is no peace based upon lies. The Holocaust is a historical fact: a genocide in which some six Million European Jews perished.

Its magnanimity is universal, as values of dignity and respect of human being is what the Nazi Germany and its European allies sought to destroy. Denial of that crime against humanity is not only an affront to the memories of the victims but an affront to the very idea of civilization. Therefore we believe that learning about this tragedy is a cause for all who have the heart and will to prevent future genocides.

We call upon all people of conscience in the world to work with us


The same demand for truth obligates us to remember the good people in Europe as well as among Arabs and Muslims.

We declare, together, our mutual wish to promote truthful, open and brotherly dialogue.

In that spirit we gathered in this project “Aladdin”. We call upon all people of conscience in the world to work with us in this joint venture of mutual acquaintance, respect and peace.

Unite in the struggle against anti-Semitism and Islamophobia


In this regard, Reisu-l-ulema, Dr. Mustafa Cerić, stated in Paris: I thank Mr. David de Rothschild to participate in this interesting project hosted by the UNESCO and supported by world statesmen, intellectuals, historians and theologians.

The importance of this is augmented because of the fact that I come from Bosnia and Herzegovina where, at the end of the 20-th century, a genocide was perpetrated upon Muslims in Europe, several decades after the Holocaust. This is, therefore, the right opportunity and place for me to remind all that Muslims and Jews have reasons to gather around a joint project such as this one and unite in the struggle against anti-Semitism and Islam-phobia, which phobia has gathered speed of recent.

July 11th – the day of remembrance of the Srebrenica Genocide


It suffices to state that Muslims and Jews have a joint experience of persecution and genocide in Europe: both were expelled from Spain (Endelus) in the fifteenth century, with the Sephardic Jews finding a safe haven in Sarajevo, which is best witnessed by the Sarajevo Holy Haggadah, and both suffered a genocide in the twentieth century, Jews from the Nazis and Bosnian Muslims from the Serbian aggressors.

It is for that reason that we respect the fact that the European Parliament adopted, on January 15, 2009, a resolution to proclaim July 11th as day of remembrance of the Srebrenica Genocide and called upon all “people of conscience” to remember, on July 11th, the crime against humanity which was committed on July 11th, 1995, in Srebrenica against Bosnian Muslims and, consequently, we call for all to take an oath that it will never happen again to anybody.

We have committed to develop the Muslim-Jewish cultural dialogue

I am happy to advise you about the initiative “With culture to unity”, which Dr. Vladimir Salamon, Director of Jewish cultural group “Bejahad”, and I, initiated and signed on September 9th, 2006 in Hvar, Croatia, and took on to develop the Muslim-Jewish dialogue as there are more positive, rather than negative, historical examples for us to learn from and help one another free ourselves from prejudices and stereotyping which take us further away from our unity in resisting anti-Semitism which is on the increase, and Islam-phobia which endangers the world peace and stability – were the parting words of Reisu-l-ulema Dr. Mustafa Cerić in Paris.

READ MORE:

1. Serbian Nazi Chetniks Committed Genocide Against Jews, Roma, and Bosniaks in the World War II

2. United States Holocaust Museum: Interview with Hasan Nuhanovic, Srebrenica Genocide Survivor

3. Holocaust Survivor Elie Wiesel Blasts Karadzic for Denying Mass Killings of 8,000 Bosnian Muslims at Srebrenica

4. Yom Hashoah: Holocaust Remembrance Day – Let Us Not Forget Jews who Perished in the WWII

5. Our Friends at the United States Holocaust Museum’s Conscience Committee

6. British Holocaust Denier, David Irving, Convicted and Jailed in Austria

DRAGAN JOKIC REFUSES TO TESTIFY, CONVICTED OF CONTEMPT

March 27, 2009 Comments off
The International Criminal Tribunal for the Former Yugoslavia has convicted a Bosnian Serb army officer for contempt for refusing to testify against his former comrades, adding four months to the 9-year sentence he is already serving for war crimes. The judgment Friday said Dragan Jokic’s refusal to respond to a summons is a serious offense that strikes at the essence of the notion of justice.

Jokic was convicted in 2005 of aiding and abetting the murder and persecution of Bosniaks during the 1995 assault on the U.N.-declared safe haven of Srebrenica. He is in prison in Austria.

The 51-year-old refused to testify in the case of seven Bosnian Serbs also accused in the Srebrenica genocide, when no less than 8,372 Bosnian Muslims were killed and tens of thousands were displaced during one brutal week of July 1995.

ICTY Press Release:

Trial Chamber II today convicted former Bosnian Serb Army officer Dragan Jokić of contempt of the Tribunal for refusing to testify in the case of Popović and others. He was sentenced to four months’ imprisonment.

Jokić was subpoenaed to testify in the case of Popović and others as a Prosecution witness on 31 October and 1 November 2007. However, Jokić refused to testify citing the reasons for his decision in a confidential submission of 31 October 2007. The Chamber ruled his submission did not justify the refusal to testify.

The Trial Chamber considered that there were sufficient grounds to proceed against Jokić for contempt and issued an order in lieu of an indictment on 1 November 2007, declaring that it would prosecute the matter Jokić itself.

Jokić pleaded not guilty to the charge of contempt at his initial appearance on 19 November 2007 and the trial took place on 19 November 2007, 10 December 2007 and 15 December 2008.

“Witnesses summoned by subpoena are under a duty to testify. It is a basic principle of this judicial institution and goes to the heart of the notion of justice. It ensures that the evidence required for the proper administration of justice is available,” Judge Carmel Agius, Presiding, said today in the court.

“[Jokić] made a conscious decision not to testify and understood the consequences of his behaviour,” the judgement read.

In determining the sentence to be imposed on Jokić, Judge Agius said: “The Chamber considers that Jokić committed a serious offence, which goes to the essence of the notion of justice. By his refusal to testify he has deprived the Chamber of relevant evidence and acted against the interests of justice.” Jokić was sentenced to four months’ imprisonment, which will be served consecutively.

Jokić has previously been sentenced to nine years’ imprisonment on 17 January 2005 for aiding and abetting the extermination, murder and persecution of Bosnian Muslim men in Srebrenica in July 1995. His sentence was affirmed by the Appeals Chamber on 9 May 2007. He is currently serving his sentence in Austria.

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FATA ORLOVIC: TARGET OF SERB EXTREMISTS WHO BUILT CHURCH IN HER FRONT-YARD

March 20, 2009 3 comments
ALMOST 14 YEARS AFTER THE GENOCIDE AND STILL NO JUSTICE FOR FATA ORLOVIC

God Bless you Fata Orlovic. You’re in our thoughts and in our hearts.

PHOTO of Fata Orlovic, an elderly woman whose front-yard the Serbs built a church illegally. She is a survivor of the Srebrenica genocide and a returnee to Konjevic Polje. For a long time, she has been regularly harrassed, threatened, and demeaned by local Orthodox Serb Christians who called her names, threatened to kill her, and even spit at her. On several occassions, she was beaten up by a local Serb Police officer, Zdravko Uzelac, a man who participated in the 1995 Srebrenica genocide and who murdered a local Bosniak returnee Mustafa Becirovic…

Fata Orlovic, an elderly returnee to Konjevic Polje, has been subjected to a number of beatings by members of the local Serb police force including one – Zdravko Uzelac – who took part in the Srebrenica genocide.

In the 1995 Srebrenica genocide, Zdravko Uzelac participated in the separation of men who were to be massacred and dumped into mass graves. At least 8,372 men were summarily executed and dumped into mass graves, while between 20,000 to 30,000 people were forcibly deported in a mass scale ethnic cleansing. In 2008, Uzelac murdered a Bosniak returnee to Konjevic Polje.

According to Fata Orlovic, Zdravko Uzelac is notorious in Konjevic Polje for his constant harassment of Muslim returnees.

“Last year Uzelac killed Mustafa Becirovic at a gas pump in Konjevic Polje, and yet they still keep him on active police duty, as if he hadn’t killed anyone,” said Fata. “It’s like, he killed a Muslim, so what? In Srebrenica, he participated in the separation and murder of our men. Everybody knows it, we know it, Serbs know it, and foreigners know it. I saw him with my own eyes actively involved in separating the men who were to be murdered in the genocide.”

The pre-war population of Konjevic Polje, a small town located just outside of Srebrenica in the Bratunac municipality, was 100% Bosniak Muslim. During the war Serbs provocatively and unlawfully built an Orthodox church in Fata’s yard and on her land in Konjevic Polje. In spite of a court ruling in summer 2007 finding against the Church and in favor of Fata Orlovic no start has been made on pulling down and rellocating the church.

Expanded version of this article is available in Bosnian language:

Na adresu Fate Orlović je iz Osnovnog suda u Srebrenici stigao poziv da u svojstvu okrivljene 14. aprila dođe na “usmeni pretres” po prijavi za navodno kršenje odredbi Zakona o javnom redu i miru RS, koju je protiv nje podnijela Policijska stanica u Bratuncu.

Orlović je već godinama uznemiravana, čak u nekoliko navrata i pretučena, od strane srpskih extremista zbog toga što je zahtjevala da se pravoslavna crkva – koja je bespravno sagrađena u njenom dvorištu – ukloni.

Bratunački policajci prijavili su Fatu Orlović da je 10. septembra prošle godine u devet sati ispred pravoslavne crkve u Konjević-Polju, odnosno u svom dvorištu, “grubo vrijeđala druga lica prijetnjom da će napasti na njihov život i tijelo”, kao i da je “ometala ovlaštena službena lica u njihovom vršenju redovnih poslova i zadataka”.

“Navikla sam na laži policajca Zdravka Uzelca, koji je zadužen da se brine o crkvi u mojoj avliji i da me redovno provocira i vrijeđa. Laž je da sam krenula da napadnem policajca Uzelca, i to makazama, kako on tvrdi. On je tada, čim sam upitala zašto su došli u moju avliju kada smo se godinu ranije dogovorili da više neće biti obreda u crkvi, zgrabio mene za ruku i uvrnuo je na leđa. Od boli mi je pozlilo, mislila sam da mi je ruka slomljena. Pokušao me uvući u policijski auto, ali sam se otela i tek tada sam vidjela makaze na podu, uzela ih u ruke i tako se odbranila od njegovog napada. Pa, cijeli svijet zna da me Uzelac i ranije tukao i vezanu vodio u policiju” – prisjetila se jučer Orlović.

Prema riječima stare nane, Uzelac je upleten u Srebrenički genocid. Orlović kaze da je prošle godine “na benzinskoj pumpi [Uzelac] ubio Mustafu Bećirovića i opet ga drže u službi, kao da čovjeka nije ubio?! K`o vele, ubio je muslimana, šta fali? U Srebrenici je odvajao naše muškarce i ubijao ih. To svi znaju, i naši i njihovi, i ovi stranci. Ja sam ga vidjela ovim očima kako odvaja naše muškarce za ubijanje.”

Ona je upozorila da je njeno strpljenje pri kraju i da je ovo što joj u njenoj vlastitoj kući rade vlast i policija RS bruka za cijelu BiH. Posebno je potcrtala svoju ogorčenost na bošnjačke političare, za koje navodi da “devet godina gledaju kako je Karadžićevi policajci vrijeđaju i tuku, a ništa ne poduzimaju da se slučaj nelegalno izgrađene pravoslavne crkve u njenoj avliji riješi na zakonit način”.

Razgovarao sam s Fatom i žao mi je što se opet nasekirala. Očekujem da dobijem poziv koji je joj je upućen od Osnovnog suda u Srebrenici, kao i prijavu koju je protiv nje podnijela Policijska stanica Bratunac. Naravno da ću nanu Fatu zastupati i u ovom slučaju. Ne mogu vjerovati da joj se iste stvari ponavljaju – izjavio je za “Avaz” advokat Fahrija Karkin.

MOMCILO KRAJISNIK SENTENCED TO 20 YEARS BY U.N. APPEALS CHAMBER

March 18, 2009 1 comment
PHOTO: Momcilo Krajisnik, convicted Serb war criminal.
The Appeals Chamber today sentenced Momčilo Krajišnik to 20 years’ imprisonment, upholding earlier guilty findings against the former member of the Bosnian Serb leadership for deportations, forcible transfer and persecution of non-Serb civilians committed during the conflict in Bosnia and Herzegovina.

The Trial Chamber’s earlier convictions of murder, extermination and persecution – with exception of deportation and forcible transfer – were quashed by the Appeal Chamber judgement.

On 27 September 2006, the Trial Chamber found Krajišnik guilty of persecution, extermination, murder, deportation and forced transfer of non-Serb civilians during the 1992-95 conflict. He was found not guilty of charges of genocide and complicity of genocide. Krajišnik was sentenced to 27 years’ imprisonment.

The Trial Chamber found that Krajišnik participated in a joint criminal enterprise whose objective was to ethnically recompose the territories under the control of the Bosnian-Serb Republic by drastically reducing the proportion of non-Serbs through the commission of various crimes. “It held that there was a leadership component of the JCE, based in the Bosnian-Serb capital of Pale, which included Krajišnik, Radovan Karadžić and other Bosnian-Serb leaders; the local component of this JCE was based in the municipalities of the Bosnian-Serb Republic and maintained close links with the Pale-based leadership.”

Appeals were filed by the Prosecution, the Accused – including supplementary legal challenges made by Alan and Nathan Dershowitz, Counsel on the matter of joint criminal enterprise and Amicus Curiae.

The Appeals Chamber dismissed the Accused’s and Amicus Curiae’s submissions that the Trial Chamber violated Krajišnik’s right to a fair trial.

However, parts of Amicus Curiae’s third, fourth and seventh grounds of appeal were granted. The Appeals Chamber accepted that the Trial Chamber failed in part to specify which of the local politicians, militaries, police commanders and paramilitary leaders were members of the joint criminal enterprise. Thus, it could not beyond reasonable doubt conclude that a common objective between them and Krajišnik existed.

The Appeals Chamber reaffirmed the Trial Chamber’s finding that “Krajišnik shared the intent to commit the original crimes of deportation, forcible transfer and persecution based on these crimes from the beginning of the JCE”. However, with respect to the expanded crimes of murder, extermination and persecution (other than that based on deportation and forcible transfer) the Appeals Chamber found that the Trial Chamber failed to identify when those acts became part of the common goal of the joint criminal enterprise.

The Trial Chamber had found that such crimes were added to the joint criminal enterprise after leading members of the joint criminal enterprise were informed of them, yet took no effective measures to prevent their recurrence, and persisted in the implementation of the common objective, thereby coming to intend these expanded crimes.

“The Appeals Chamber notes, however, that the Trial Chamber made only scarce findings, if at all, on these requirements,” the judgement reads. “Neither the Appeals Chamber nor an accused can be required to engage in speculation on the meaning of the Trial Chamber’s findings – or lack thereof – in relation to such a central element of Krajišnik’s individual criminal responsibility as the scope of the common objective of the JCE.”

It therefore quashed Krajišnik’s convictions for expanded crimes of murder, extermination and persecution with the exception of the underlying acts of deportation and forcible transfer.

The Appeals Chamber also found that on many occasions the Trial Chamber failed to find the link between the perpetrators of the original crimes of deportation, forcible transfer and persecution based on these crimes, and the members of the joint criminal enterprise.

The Appeals Chamber dismissed most of the submissions of the Counsel for joint criminal enterprise but granted arguments with respect to the identity of the members of the enterprise, Krajišnik’s responsibility for the expanded crimes, and the lack of findings on a link between the physical perpetrators and the members of the enterprise for some of the original crimes.

Submissions by the Prosecution and the remainder of the Accused’s and Amicus Curiae’s submissions were all dismissed, the tenth ground submitted by Amicus Curiae on cumulative convictions by majority, Judge Güney dissenting.

While the Appeals Chamber noted that the majority of convictions of Momčilo Krajišnik were overturned it held that the gravity of the crimes of persecution, deportation and forcible transfer “requires a severe and proportionate sentence”.

Krajišnik was indicted on 25 February 2000. He was arrested and transferred to the Tribunal on 3 April 2000. Credit will be given for the time already spent in detention since Krajišnik’s arrest.

Since its inception 15 years ago the Tribunal has indicted 161 persons for war crimes committed on the territory of the former Yugoslavia. The proceedings against 117 individuals have been completed. With proceedings ongoing against 42 accused only two indictees remain on the run awaiting arrest – Ratko Mladić and Goran Hadžić.


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MILENKO KRSTIC, MISS OREGON’S FATHER INVOLVED IN SREBRENICA GENOCIDE

March 15, 2009 7 comments
Update: March 16, 2009.

PHOTO OF EVIL: Srebrenica genocide suspect, Milenko Krstic, on left (in glasses), waits in his seat to cheer for his daughter Danijela, now Miss Oregon. Next to him is his wife Branka and their daughter Aleksandra. The photo was taken at Planet Hollywood Resort and Casino in Las Vegas on Jan. 24, 2009 during the 2009 Miss American Pageant.

MILENKO KRSTIC ASSISTED IN GENOCIDE
Milenko Krstic (52), the father of Miss Oregon, was an active member of a Bosnian Serb army’s Zvornik brigade. The unit participated in the mass killings of 8,000 to 10,000 unarmed Bosniaks (Muslims) and a forcible deportation at least 25,000 people during the 1995 Srebrenica genocide. Krstic admittedly worked in the headquarters of the Bosnian Serb army, providing logistical support to the unit responsible for terrorizing Muslims in and around Srebrenica and committing genocide in July 1995.

DAUGHTER OF A BEAST

Milenko Krstic’s family enjoys a comfortable life in the United States, while bodies of Muslim victims, many of them children, rot in Srebrenica genocide mass graves. His daughter, Danijela Krstic (24), was crowned in June and serves as queen of the Oregon pageant. However, she failed to make the top 15 in the Miss America pageant and didn’t make the finals.

We found Daniela Krstic’s publicly listed E-mail address (missoregon2008@gmail.com) via The Oregonian article. We asked her, Does your father intend to apologize to the relatives of Srebrenica genocide victims for actively serving in the genocidal army?

She hasn’t responded to our question, yet. Like most Serbs, she must be proud of her father’s involvement in the extermination of Srebrenica Muslims. After all, it is no secret that majority of Serbs suffer from extreme Bosniakophobia – a prejudice and hatred against Bosniaks Muslims. This combined hatred and prejudice fuel their continued Srebrenica genocide denial.

KRSTIC LIED TWICE

In 1998 Krstic and his family emigrated to the United States. As part of a refugee application, he filled out an I-590 form, which requires applicants to disclose foreign military service. He denied having served in the military “during a sworn, personal interview administered in Belgrade.”

In 1999, he applied to become lawful permanent resident. As part of the application, Krstic filled out another form. This time, I-485 form, also required him to report any prior foreign military service. Krstic again refused to disclose his service in the genocidal army. As a result, he fraudulently obtained a green card.


HE EVEN ADMITTED LYING

According to The Oregonian, in 2005 the International Criminal Tribunal for the former Yugoslavia reported to U.S. immigration authorities that Krstic had served in the Bosnian Serb Army (Army of Republika Srpska) that planned and carried out the 1995 Srebrenica genocide. The alert prompted federal U.S. agents to visit Krstic’s home near Beaverton and interview him. Krstic admitted to actively serving in the genocidal army, but he denied committing any war crimes.

However, whether he took part in the mass killings is irrelevant. The fact that he assisted the genocidal army – by serving as an active member and providing logistical support to the Bosnian Serb terrorists in and around Srebrenica, as well as trying to hide his background – speaks volumes about his character.

Krstic’s militia, also known as the Bosnian Serb Army, has been designated by the International Court of Justice in The Hague as having participated in war crimes, genocide and ethnic cleansing during the Bosnian war in the early 1990s.

Federal court files show that the U.S. government also learned Krstic’s specific unit, the Zvornik Infantry Brigade, was “involved in the massacre of a large number of unarmed Muslim prisoners in 1995, in areas in close proximity to (Krstic’s) duty station.” A prosecution document said that one mass killing was at a school “in close physical proximity to battalion headquarters where records show that defendant was working at the time.”

PARTNERS IN CRIME?

Krstic’s brother Ostoja also seems to share Srebrenica genocide blood on his hands. According to the Associated Press, “Lawyers involved say two similar federal cases are pending in Oregon, one involving Milenko’s brother, Ostoja, and are on hold pending the appeals in Milenko Krstic’s case.”

Milenko Krstic is currently charged for committing a visa fraud. If convicted, he could face up to 10 years in jail and be deported to Bosnia, where he could face genocide charges.

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FURTHER RESEARCH
Srebrenica genocide suspects in the United States:

1. Nedjo Ikonic – Serb War Criminal Hiding in the United States
2. Suspect Avoids Genocide Charges 3 weeks after Genocide Accountability Act Enacted
3. Phoenix, Arizona – A Mecca for Serb Suspects of Srebrenica Massacre
4. The United States Deports Two Serbs Wanted for Srebrenica Massacre
5. Bosnian Serb Immigrants Failed to Disclose Their Past Service in Genocidal Military
6. Marko Boskic – Srebrenica Genocide Mass Murderer
7. Butcher of Srebrenica Wants His Own Admission Squashed
8. Srebrenica Genocide Gunman, Marko Boskic, Will Not Face Torture Charges
9. Elusive Justice: A Man Who Gunned Down 1,200 Srebrenica Bosniaks
10. Srebrenica Genocide Suspects Give Up Fight, Agree to be Deported to Bosnia
11. More Arrests of Srebrenica Genocide Suspects in the U.S.
12. List of Srebrenica Suspects Getting Away with Genocide
13. Bosnian Serb Deported from the U.S. After Lying on Immigration Paperwork
14. Deported Criminal Convicted for Crimes Against Humanity in Bosnia
15. Search our blog for more information. Look for Google Custom Search Box, it is located on the left-hand side.

SELF-STYLED “EXPERTS” IN DEMONIZING BOSNIAKS

March 9, 2009 2 comments
What do the so called “anti-terror experts” like Darko Trifunovic, Dzevad Galijasevic, and Domagoj Margetic have in common?

Report by E. Huremovic in the Sedmica supplement: “Experts in Demonizing Bosniaks.” Originally published in the Bosnian-language daily Dnevni avaz, Sarajevo, 7 Feb 2009.

For a long time now, the fictitious “Southeast Europe Expert Team for Fight against Terrorism” has been intentionally spreading incredible lies about Bosnia-Hercegovina and the Bosniaks through public advertising and organizing various kinds of “expert” gatherings. The Bosniaks have been continuously and systematically associated with terrorism, whereas Bosnia-Herzegovina is frequently referred to as an Al-Qa’idah terrorist base and a country that supports terrorist activities worldwide.

Claims about Gaza

Claims have been made that top Bosniak politicians, including the late Alija Izetbegovic, Haris Silajdzic, Hasan Cengic, Semsudin Mehmedovic, and many others had been at the head of all terrorist organizations in Bosnia-Herzegovina. At first, the name of this “expert team” may create the impression among laymen that it is actually a body operating within the Stability Pact for Southeastern Europe. But of course, the “expert team” is in no way related to the Pact.

Then what is it about? To all those who over the past few years have been following, at least superficially, the developments in Bosnia-Herzegovina and the region, everything will become clear when they hear the names of Darko Trifunovic, Dzevad Galijasevic, and Domagoj Margetic.

Indeed, they are not just ordinary anti-terrorism experts, although all three of them have for years been falsely presenting themselves as such. At the mention of their names, people usually make a brush-off gesture, inadvertently calling them absolute idiots. Although this remark is not far from the truth, it appears that what the three men are doing is, after all, being taken rather lightly.

Besides the fact that their announcements and statements are being readily accepted by the Serb media, they often find their way to the world’s most respectable media outlets. Thus, the Australian press has recently published a statement by Dzevad Galijasevic that Bosniaks tied to Al-Qa’idah are fighting alongside Hamas in Gaza.

Editors of Australian newspapers, of course, have no clue who Dzevad Galijasevic is. His statement appears authentic to an average reader because it was made by a Bosniak. One should also bear in mind that last year, the team’s mastermind, Darko Trifunovic, was prevented at the last moment from delivering a lecture at a conference on security attended by the interior ministers of EU member countries.

Iranian Interests

Their action strategy is rather simple and well proven. They employ the standard Goebbels method that a lie repeated a hundred times becomes a truth in order to demonize Bosniaks. The compiling of a list of all the lies they have uttered would require at least three editions of this newspaper. However, in order to get a picture of the manner in which this “expert team” operates, some of them will need to be mentioned.

Thus, for example, it has been constantly repeated that the recruitment of terrorists takes place in mosques, and that mostly young people and shahids’ [martyrs] children are being recruited. Further, [they claim] Bosnia-Herzegovina is part of the network of organized international terrorism; the September 11 attacks on the New York Towers were masterminded in Bosnia-Herzegovina; top Bosniak politicians knew of the attacks but failed to notify the United States. It is also claimed that “about 12,000 terrorists possess B-H documents.”

For that reason, Trifunovic, Margetic, and Galijasevic have lately been focusing intensively on the case of Vjekoslav Vukovic, the arrested B&H assistant security minister. In this they have surpassed even themselves by accusing Croatia, besides B&H, of supporting terrorism. They claim that Vukovic is the victim of trumped-up charges, because “his investigations had uncovered the logistics channels and political hierarchy of the B-H terrorist structure. Those channels lead straight to Zagreb and Sarajevo politicians and their ties during the war of the 1990s’.” These “experts” further claim that Tarik Sadovic [B&H security minister] and Tomislav Karamarko [Croatian interior minister] had set Vukovic up. Karamarko is, careful now, an Iranian spy, and his father-in-law Osman Muftic, former Croatian ambassador in Tehran, acts as his liaison.

The trio has devoted part of its activities to the “Iranian threat in the Balkans.” In addition, engaged in promoting Iranian interests, among others, is none other than Croatian President Stjepan Mesic.

Why are Trifunovic, Galijasevic, and Margetic doing so, for whom, for what purpose, and who is funding their “expert team?”

Private Lawsuit

Their goal is clear – to try to vindicate the crimes committed against Bosniaks through demonizing them and constantly emphasizing their “terrorist inclinations.” Thus, the genocide, war crimes, and ethnic cleansing become “legitimate,” as the fight against terrorists. Also, any action against Bosniaks – [whom they refer to as] Islamic terrorists – becomes justified, now and in the future.

Nobody in Bosnia-Herzegovina has thus far reacted to the constantly spread lies. In Croatia it was done immediately, as reported by local media, by Minister Karamarko, who, in pursuance of his duty, filed a lawsuit for spreading fabrications and upsetting propaganda, and announced a private lawsuit for libel.

When the content of what the “experts” are publishing is analysed, it becomes clear that their mentors should be sought among the Serb intelligence and security structures, to which Trifunovic is directly linked. Their work is probably funded from this source. Another source of funding, at least an indirect one, could be the RS [Serb Republic] government, whose Prime Minister Milorad Dodik is advised by Dzevad Galijasevic.

Karadzic’s Defender, Dodik’s Adviser, and Tudjman’s Youth on the Same Mission

Darko Trifunovic is a self-styled expert on Islamic terrorism. After obtaining a fake identity card in Brcko, he worked for the B-H Mission to the United Nations. He is the author of the RS government’s disgraceful report which impudently denied the Srebrenica genocide, claiming that only 110 soldiers were killed in this town.

He also distinguished himself in defending war criminal Radovan Karadzic, and even offered to present the journalists with “documents proving that he is innocent.” Besides denying the Srebrenica genocide, his favourite topic is the “white Al-Qa’idah.”

Dzevad Galijasevic became known across the former Yugoslavia after the notorious “Mosevac” scandal, after which the UDB [State Security Administration] got a faithful servant. After the war, as a member of the Party for B-H, he became mayor of Maglaj, and in Bocinja he “acquired experiences with the mujahidin.” He is an adviser to the RS prime minister, and presents himself as an expert, political scientist, sociologist… He no longer even tries to conceal that he works for the Serb intelligence agencies.

Domagoj Margetic, chairman of the Croatian Youth at the time of Franjo Tudjman, is a person with a pathological urge to expose himself in the media. Neither the Croatian newspapers, nor any of the respectable media outlets publish his articles. Therefore he is forced to post his pieces on the Internet. The Hague tribunal sentenced him for disclosing sealed transcripts of Croatian President Stjepan Mesic’s testimony. He was also sentenced for business fraud.

SOURCE: Report by E. Huremovic in the Sedmica supplement: “Experts in Demonizing Bosniaks.” Originally published in the Bosnian-language daily Dnevni avaz, Sarajevo, 7 Feb 2009.

Real Terrorism in the Balkans (Editorial Picks):
1. Serb Gen. Dragoljub Milosevic Found Guilty on Terrorism Charges by the International Criminal Tribunal for the Former Yugoslavia
2. Serb Gen. Stanislav Galic Found Guilty on Terror Charges by the International Criminal Tribunal for the Former Yugoslavia
3. Serb Gen. Stanislav Galic to Serve Life Imprisonment for Sarajevo Terror Campaign
4. Serbian terrorist cells actively operate in many countriesexternal link.