Archive
VINKO PANDUREVIC and MILORAD TRBIC – IN PRE-TRIAL
Commander of the 1st Zvornik Light Infantry Brigade
| Born | 1959 in the Bosnian Serb town of Sokolac |
| ———– Arrest / Surrendered |
23 March 2005 , voluntary surrendered |
| ———– Transferred to ICTY |
23 March 2005 |
| ———– Initial Appearance |
31 March 2005 |
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
– Crimes against humanity
The Indictment (“Srebrenica”)
Factual Allegations:
The Amended Indictment, dated 27 October 1999 and unsealed on 7 December 2001 alleges that in early July 1995 units of the Drina Corps of the Bosnian-Serb Army (“VRS”) shelled the Srebrenica “safe area” and attacked Dutch-manned United Nations observation posts located there. VRS forces subsequently entered Srebrenica. By 18 July 1995, those forces either expelled or killed most of the members of the Bosniak population of the Srebrenica enclave, thereby continuing an ethnic cleansing campaign begun in the spring of 1992.
From 12 December 1992 through November 1996, Vinko Pandurevic was the Commander of the 1st Zvornik Light Infantry Brigade (“Zvornik Brigade”) of the VRS. He was promoted to the rank of General-Major in June 1997 and was a member of the VRS General Staff until he was relieved in April 1998.
Charges:
The Indictment charges Vinko Pandurevic on the basis of individual criminal responsibility (Article 7(1) of the Statute) and/or alternatively superior criminal responsibility (Article 7(3) of the Statute) with:
Genocide (Article 4 of the Statute – genocide; alternatively, complicity to commit genocide), Crimes against humanity (Article 5 thereof – extermination; murder; persecutions on political, racial and religious grounds; deportation; alternatively, inhumane acts), and Violations of the laws or customs of war (Article 3 thereof – murder).
keywords: Vinko Pandurevic, Milorad Trbic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-HerzegovinaMOMCILO PERISIC – IN PRE-TRIAL
Chief of General Staff of the VJ
| Born | 22 May 1944 in Kostunici, Serbia and Montenegro |
| ———– Transferred to ICTY |
7 March 2005 |
| ———– Initial Appearance |
9 March 2005, pleaded “not guilty” to all counts of the indictment. |
| ———– Provisionaly released: |
9 June 2005 |
Charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:
– Crimes against humanity
– Violations of the laws or customs of war
The Indictment
History of the indictment
The indictment against Momcilo Perisic was filed on 22 February 2005, confirmed two days later and then made public on 7 March 2005. The Prosecution filed the amended indictment (“indictment”) on 26 September 2005.
Factual allegations
The indictment states that, Momcilo Perisic was the Chief of the General Staff of the Yugoslav Army (VJ) from about 26 August 1993 until 24 November 1998. According to the indictment, Momcilo Perisic, as the most senior officer in the VJ, had de jure and de facto authority over personnel to:
– make and implement decisions for the VJ General Staff and all subordinate units;
– to issue orders, instructions and directives, and ensure their implementation; and
– to transfer and second VJ personnel to the Army of Republika Srpska (VRS) and the Army of Serbian Krajina (SVK) via the 30th and 40th Personnel Centres of the VJ General Staff for short temporary assignments or longer indefinite periods.
The accused is charged on basis of individual criminal responsibility pursuant to Article 7(1) of the Statute of the Tribunal (“Statute”) for crimes referred to in Articles 3 and 5 of the Statute, in whose planning, preparation, or execution he aided and abetted. He is also charged, in his capacity as a superior officer, pursuant to the Article 7(3) of the Statute, for failing to take the necessary and reasonable measures to prevent the crimes charged in the indictment or to punish his subordinates for committing the crimes.
According to the indictment, between August 1993 and November 1995, Momcilo Perisic aided and abetted the planning, preparation, or execution of a military campaign of artillery and mortar shelling and sniping onto civilian areas of Sarajevo and upon its civilian population, killing and wounding thousands of civilians.
These crimes were, in part, planned, instigated, ordered, committed and aided by members of the 30th Personnel Centre of the VJ General Staff including but not limited to General Ratko Mladic, Commander of the VRS, General Stanislav Galic, Commander of the Sarajevo Romanija Corps (until August 1994); and General Dragomir Miloševic, Commander of the Sarajevo Romanija Corps (after August 1994).
Momcilo Perisic had reason to know that subordinates of his, including Ratko Mladic, Stanislav Galic, Dragomir Milosevic and other VJ officers serving in the VRS via the 30th Personnel Centre had participated in the perpetration of crimes in Sarajevo. Momcilo Perisic, failed to initiate an inquiry into what role members of the 30th Personnel Centre of the VJ General Staff may have played in the commission of these crimes.
The indictment further alleges that, on 2 May 1995, on the order of Milan Martic, General Milan Celeketic of the SVK ordered his subordinates to fire an “Orkan” multiple barrel rocket launcher fitted with “cluster bomb” warheads into central Zagreb and the airport (Pleso). On 3 May 1995, on the orders of Milan Martic, the “Orkan” multiple barrel rocket launcher fitted with “cluster bomb” warheads was once again fired into the centre of Zagreb. These unlawful attacks caused death of at least seven civilians and at least 194 civilians were wounded.
The subordinates of Momcilo Perisic who participated in the perpetration of crimes in Zagreb included Milan Celeketic and other senior officers of the SVK who served in the SVK via the 40th Personnel Centre of the VJ General Staff. Momcilo Perisic had reason to know that they had participated in the perpetration of the crimes, but he failed to initiate an inquiry into what role members of the 40th Personnel Centre of the VJ may have played in the commission of these crimes.
It is also alleged that, on 2 July 1995, the VRS and other Bosnian Serb forces under the command and control of General Ratko Mladic attacked the Srebrenica enclave. The attack on the enclave continued until 11 July 1995, when Ratko Mladic and the forces under his command and control entered Srebrenica. Momcilo Perisic knew an attack was planned. Momcilo Perisic also knew that some members of the VRS would engage in criminal conduct against the Bosniak civilian population of Srebrenica after its capture; criminal conduct which would include persecution, forcible transfers and killings.
The indictment further states that, between 12 July and about 20 July 1995, thousands of Bosniak men were captured by, or surrendered to, Bosnian Serb forces. More than 7,000 Bosniak prisoners captured in the area around Srebrenica were summarily executed from 13 July to 19 July 1995 and thereafter many were buried in mass graves.
The crimes committed in and around Srebrenica were, in part, planned, instigated, ordered, committed and aided by members of the 30th Personnel Centre of the VJ. Momcilo Perisic had reason to know that, his subordinates had participated in the perpetration of crimes in Srebrenica, but he failed to initiate an inquiry into what role members of the 30th Personnel Centre of the VJ may have played in the commission of these crimes.
Charges:
Momcilo Perisic is charged on the basis of individual criminal responsibility (Article 7(1) of the Statute) and on the basis of superior criminal reponsibility (Article 7(3) of the Statute) with:
Trial
Momcilo Perisic case is at the pre-trial stage. The accused was granted provisional release on 9 June 2005. During the period of provisional release the accused shall remain within the confines of the municipality of Belgrade, Serbia and Montenegro, in compliance with condition set by the Tribunal.
Pre-trial judge:
Judge Patrick Robinson
Trial Chamber II
Judge Patrick Robinson (Presiding)
Judge O-Gon Kwon
Judge Iain Bonomy
Office of the Prosecutor:
Mr. Chester Stamp
Mr. Karim Agha
Mr. Frederic Ossogo
Mr. James Castle
keywords: Momcilo Perisic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
ZDRAVKO TOLIMIR, RADIVOJE MILETIC and MILAN GVERO – IN PRE-TRIAL
Zdravko Tolimir
Assistant Commander for Intelligence and Security of the Main Staff of the VRS.
| Born | 27 November 1948 |
Charged on the basis of individual criminal responsibility (Article 7(1))
– Crimes against humanity
– Violations of the laws or customs of war
Chief of Operations and Training and Deputy Chief of Staff or was Standing in for the Chief of Staff, of the Main Staff of the VRS
| Born | 6 December 1947 |
| ———– Arrest / Surrendered |
28 February 2005, voluntary surrendered |
| ———– Transferred to ICTY |
28 February 2005 |
| ———– Initial Appearance |
2 March 2005 |
– Crimes against humanity
– Violations of the laws or customs of war
Milan Gvero
| Born | 4 December 1937 |
| ———– Arrest / Surrendered |
24 February 2005, voluntary surrendered |
| ———– Transferred to ICTY |
24 February 2005 |
| ———– Initial Appearance |
2 March 2005 |
Charged on the basis of individual criminal responsibility (Article 7(1)) with:
– Crimes against humanity
– Violations of the laws or customs of war
keywords: Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
LJUBOMIR BOROVCANIN – IN PRE-TRIAL
Deputy Commander of the Special Police Brigade of the Republika Srpska
| Born | 27 February 1960 in Han Pijesak in Bosnia and Herzegovina |
| ———– Arrest / Surrendered |
1 April 2005, voluntary surrendered |
| ———– Transferred to ICTY |
1 April 2005 |
| ———– Initial Appearance |
7 April 2005 |
Charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
The Indictment
Factual allegations:
The Indictment that was confirmed on 6 September 2002, alleges that Ljubomir Borovcanin was present in and around the areas of Bratunac, Potocari, Sandici, Kravica, Srebrenica and Zvornik from 11 July to 18 July 1995. Units under his command were deployed in and around the areas of Potocari, Sandici, Kravica and Zvornik from 12 July to 18 July 1995. In the several days following the attack on Srebrenica, the Bosnian Serb Army (“VRS”) and Ministry of the Interior (“MUP”) forces captured, detained, summarily executed, and buried over 7,000 Bosniak men and boys from the Srebrenica enclave, and forcibly transferred the Bosniak women and children of Srebrenica out of the enclave.
The Indictment against Ljubomir Borovcanin refers to his alleged involvement in: opportunist killings in Potocari, opportunistic killings in Bratunac, wide-scale and organised killings in Potocari and Tisca, killings and mistreatment of prisoners captured along the Bratunac/Milici road and wide-scale and organised killings in the Zvornik area, as well as other opportunistic killings. Ljubomir Borovcanin, together with other VRS and MUP officers and units as identified in this Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, among other things: to focibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosniak men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995.
Charges:
The Indictment charges Ljubomir Borovcanin on the basis of his individual criminal responsibility (Article 7(1) of the Statute) and superior criminal responsibility (Article 7(3) of the Statute) with:
Joint Criminal Enterprise
The Joint Criminal Enterprise, in which Ljubomir Borovcanin was a member and participant, was conceived and designed by General Ratko Mladic and others on 11 and 12 July 1995, and administered and carried out by members of the VRS and MUP forces through the time period and by the means alleged in this Indictment.
Members of this Joint Criminal Enterprise also included: General Ratko Mladic, the Commander of the VRS, General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on July 13 1995; General Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours on 13 July 1995 and thereafter Commander of the Drina Corps; Colonel Vidoje Blagojevic, Commander of the Bratunac Brigade; Colonel Vinko Pandurevic, Commander of the Zvornik Brigade; Lieutenant Colonel Dragan Obrenovic, Deputy Commander and Chief of Staff of the Zvornik Brigade; Momir Nikolic, Assistant Commander for Security and Intelligence of the Bratunac Brigade; Dragan Jokic, Chief of Engineering of the Zvornik Brigade and various other individuals and military and police units.
keywords: Ljubomir Borovcanin, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
DRAGAN NIKOLIC – IN PRE-TRIAL
| Born | 9 November 1957 in Brana Bacic in the municipality of Bratunac in Bosnia and Herzegovina. |
| ———– Transferred to ICTY |
17 March 2005 |
| ———– Initial Appearance |
23 March 2005, plea not entered |
Charged on the basis of individual criminal responsibility (Article 7(1)) with:
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
The Indictment (“Srebrenica”)
Factual allegations:
The Indictment that was confirmed on 6 September 2002, alleges that during the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosniak men and boys, Drago Nikolic was a 2nd Lieutenant and served as Chief of Security of the Bosnian Serb Army (“VRS”) First Light Infantry Brigade in Zvornik (“Zvornik Brigade”). Drago Nikolic was present and on duty in the Zvornik Brigade zone of responsibility from 13 July to November 1995.
In the several days following the attack on Srebrenica, the VRS forces captured, detained, summarily executed, and buried over 7,000 Bosniak men and boys from the Srebrenica enclave, and forcibly transferred the Bosniak women and children out of the enclave. According to the Indictment, Drago Nikolic committed, planned, instigated, ordered and otherwise aided and abetted in the planning, preparation and execution of the charged crimes.
It is alleged that Drago Nikolic, together with other VRS and Ministry of the Interior (“MUP”) officers and units as identified in this Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, inter alia: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosniak men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995. The implementation of this Joint Criminal Enterprise resulted in the summary execution of over 7,000 Bosniak men and boys.
Charges:
The Indictment charges Drago Nikolic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
keywords: Drago Nikolic, Dragan Nikolic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
LJUBISA BEARA – IN PRE-TRIAL
Chief of Security of the Main Staff of the VRS
| Born | 14 July 1939 in Sarajevo in Bosnia and Herzegovina. | ||
| ———– Transferred to ICTY |
|
||
|
———– |
|
||
| ———– Further Appearances |
9 November 2004 and 11 November 2004, pleaded not guilty to the counts of the Indictment |
Charged on the basis of individual criminal responsibility (Article 7(1)) with:
– Genocide
– Crimes against humanity
– Violations of the laws or customs of warThe Indictment (“Srebrenica”)
Factual Allegations:
The Indictment that was confirmed on 26 March 2002, alleges that during the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosniak men and boys, Ljubisa Beara was a Colonel and was Chief of Security of the Main Staff of the Bosnian Serb Army (“VRS”). As Chisef of Security, Ljubisa Beara’s responsibilities included managing the Main Staff units of the Military Police, as well as co-ordinating with the bodies of the Ministry of the Interior (“MUP”) in the six VRS corps’ zones of responsibility. He also had responsibility for dealing with captured Bosniak prisoners from Srebrenica from 11 July 1995 until 1 November 1995.In the several days following the attack on Srebrenica, the VRS forces captured, detained, summarily executed, and buried over 7,000 Bosniak men and boys from the Srebrenica enclave, and forcibly transferred the Bosniak women and children of Srebrenica out of the enclave. According to the Indictment, Ljubisa Beara committed, planned, instigated, ordered and otherwise aided and abetted in the planning, preparation and execution of the charged crimes.
It is alleged that Ljubisa Beara, together with other VRS and MUP officers and units as identified in the Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, among other things: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosniak men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until on or about 19 July 1995.
Charges:
The Indictment charges Ljubisa Beara on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
One count of genocide (Article 4 of the Statute – genocide; alternatively, complicity to commit genocide),
Trial Chamber III:
Judge Patrick Robinson (Presiding), Jamaica
Judge O-Gon Kwon, South Korea
Judge Iain Bonomy, United Kingdom
keywords: Ljubisa Beara, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
VUJADIN POPOVIC – IN PRE-TRIAL
Assistant Commander for Security of the Drina Corps
| Born | 14 March 1957 in the village of Popovici, Sekovici municipality in Bosnia and Herzegovina. (Indictment kept confidential until unsealing on 21 October 2002). |
| ———– Arrest / Surrendered |
|
| ———– Transferred to ICTY |
11 April 2003 |
| ———– Initial Appearance |
14 April 2005 |
Charged on the basis of individual criminal responsibility (Article 7(1)) with:
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
The Indictment
Factual allegations:
The Indictment that was confirmed on 26 March 2002, alleges that, during the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosniak men and boys, Vujadin Popovic was a Lieutenant Colonel and was the Assistant Commander for Security on the staff of the Drina Corps of the Bosnian Serb Army (“VRS”). He was present and on duty in the Drina Corps zone of responsibility, which included Srebrenica, Potocari, Bratunac and Zvornik, from 11 July to 31 August 1995. It is alleged that Vujadin Popovic, by virtue of his position as Assistant Commander of Security for the Drina Corps, had responsibility for dealing with Bosniak prisoners from Srebrenica from 11 July 1995 until 1 November 1995.In the several days following the attack on Srebrenica, the VRS forces captured, detained, summarily executed, and buried over 7,000 Bosniak men and boys from the Srebrenica enclave, and forcibly transferred the Bosniak women and children out of the enclave. According to the Indictment, Vujadin Popovic committed, planned, instigated, ordered and otherwise aided and abetted in the planning, preparation and execution of the charged crimes.
It is alleged that Vujadin Popovic, together with other VRS and Ministry of the Interior (“MUP”) officers and units as identified in this Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, inter alia: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosniak men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995. The implementation of this Joint Criminal Enterprise resulted in the summary execution of over 7,000 Bosniak men and boys.
Charges:
The Indictment charges Vujadin Popovic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
keywords: Vujadin Popovic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
SLOBODAN MILOSEVIC – AT TRIAL
| Born | born on 20 August 1941 in Pozarevac, Serbia, Federal Republic of Yugoslavia (hereinafter “FRY”). |
| ———– Arrest / Surrendered |
1 April 2001 in Belgrade by local authorities. |
| ———– Transferred to ICTY |
29 June 2001 |
| ———– Initial Appearance |
3 July 2001, “not guilty” plea entered for all counts on the “Kosovo” Iindictment. 29 October 2001, “not guilty” plea entered for all counts on the “Croatia” Indictment. 11 December 2001, “not guilty” plea entered for all counts on the “Bosnia” Indictment. |
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
– Grave breaches of the 1949 Geneva ConventionsThe Indictment “Kosovo”
Factual allegations:
The Second Amended Indictment, confirmed on 29 October 2001, alleges that, between 1 January 1999 and 20 June 1999, forces of the FRY and Serbia acting at the direction, with the encouragement, or with the support of the Accused, executed a campaign of terror and violence directed at Kosovo Albanian civilians.It is alleged that the operations targeting the Kosovo Albanians were undertaken with the objective of expelling a substantial portion of the Kosovo Albanian population from Kosovo in an effort to ensure continued Serbian control over the province. The Indictment goes on to describe a series of well-planned and coordinated operations undertaken by the forces of the FRY and Serbia.
Approximately 800,000 Kosovo Albanian civilians were expelled from the province by their forced removal and subsequent looting and destruction of their homes, or by the shelling of villages. Surviving residents were sent to the borders of neighbouring countries. En route, many were killed, abused and had their possessions and identification papers stolen. Furthermore, specific massacres allegedly committed by Serb forces in places such as Djakovica/Gjakovë, Suva Reka/Suharekë, Racak/Reçak, Bela Crkva/Bellacërkë, Mala Krusa/Krusë e Vogël, Velika Krusa/Krushë e Madhe, Padaliste/Padalishtë, Izbica/Izbicë, Vucitrn/Vushtrri, Dubrava/Dubravë Prison complex, Meja/Mejë and Kacanik/Kacanik are listed in the Indictment.
The Accused are charged by virtue of their positions, as follows:
Slobodan Milosevic as President of the FRY, Supreme Commander of the VJ, President of the Supreme Defence Council and pursuant to his de facto authority;
Milan Milutinovic as President of Serbia, member of the Supreme Defence Council and pursuant to his de facto authority;
Dragoljub Ojdanic as Chief of General Staff of the VJ;
Nikola Sainovic as Deputy Prime Minister of Serbia;
Vlajko Stojiljkovic as Minister of Internal Affairs of Serbia.Charges:
The Indictment charges Slobodan Milosevic, Milan Milutinovic, Dragoljub Ojdanic, Nikola Sainovic and Vlajko Stojiljkovic on the basis of individual criminal responsibility (Article 7(1) of the Statute) and superior criminal responsibility (Article 7(3) thereof) with:
The Indictment “Croatia”
Factual allegations:
The Second Amended Indictment was filed by the Prosecution on 26 July 2004 and ordered the operative Indictment by the Trial Chamber on 28 July 2004. According to the Indictment, Slobodan Milosevic participated in a “joint criminal enterprise” between at least 1 August 1991 and June 1992. The purpose of this enterprise was the forcible removal of the majority of the Croat and other non-Serb population from approximately one-third of the territory of the Republic of Croatia, an area he planned to become part of a new Serb-dominated state. This area included those regions that were referred to by Serb authorities as the “Serbian Autonomous District (“SAO”) Krajina”, the “SAO Western Slavonia”, and the “SAO Slavonia, Baranja and Western Srem” (collectively referred to by Serb Authorities after 19 December 1991 as the “Republic of Serbian Krajina (“RSK”)) and “Dubrovnik Republic”.It is alleged that, during the above period, Serb forces, comprised of the Yugoslav People’s Army (“JNA”) units, local Territorial Defence (“TO”) units and TO units from Serbia and Montenegro, local and Serbian Ministry of Internal Affairs (“MUP”) police units and paramilitary units, attacked and took control of towns, villages and settlements in the territories listed above. After the take-over, the Serb forces, in cooperation with the local Serb authorities, established a regime of persecutions designed to drive the Croat and other non-Serb civilian population from these territories.
This regime included the extermination or murder of hundreds of Croat and other non-Serb civilians, including women and elderly persons, the deportation or forcible transfer of at least 170,000 Croat and other non-Serb civilians and the confinement or imprisonment under inhumane conditions of thousands of Croat and other non-Serb civilians. As a result, virtually the whole of the Croat and other non-Serb civilian population were forcibly removed, deported or killed in the “Serbian Autonomous District (“SAO”) Krajina”, the “SAO Western Slavonia”, and the “SAO Slavonia, Baranja and Western Srem” regions.
Further, public and private property in all the relevant areas was intentionally and wantonly destroyed and plundered, including homes, religious, historical and cultural buildings.According to the Indictment, during the relevant period, Slobodan Milosevic was President of the Republic of Serbia and as such exercised effective control or substantial influence over the participants of the joint criminal enterprise and, either alone or acting in concert with others, effectively controlled or substantially influenced the actions of the Federal Presidency of the Socialist Republic of Yugoslavia (“SFRY”) and later the Federal Republic of Yugoslavia (“FRY”), the Serbian MUP, the JNA, the Serb-run TO staff in the relevant territories, and the Serb volunteer groups.
Charges:
The Indictment charges Slobodan Milosevic on the basis of individual criminal responsibility (Article 7(1) of the Statute) and superior criminal responsibility (Article 7(3) thereof) with:
The Indictment “Bosnia and Herzegovina”
Factual allegations:
Individual Criminal Responsibility (Article 7(1) of the Statute)
According to the Amended Indictment filed on 22 November 2002 and confirmed on 21 April 2004, from 1987 until late 2000, Slobodan Milosevic was the dominant political figure in Serbia and the SFRY/FRY. It is alleged that Slobodan Milosevic, acted alone and in the joint criminal enterprise in the following ways:(a) He exerted effective control over the elements of the Yugoslav People’s Army (“JNA”) and the Yugoslav Army (“VJ”) which participated in the planning, preparation, facilitation and execution of the forcible removal of the majority of non-Serbs, principally Bosniaks and Bosnian Croats, from large areas of Bosnia and Herzegovina.
(b) He provided financial, logistical and political support to the Bosnian Serb Army (“VRS”). These forces subsequently participated in the execution of the joint criminal enterprise.
(c) He exercised substantial influence over and assisted the political leadership of the “Republika Srpska” in the planning, preparation, facilitation and execution of the take-over of municipalities in Bosnia and Herzegovina and the subsequent forcible removal of the majority of non-Serbs.
(d) He participated in the planning and preparation of the take-over of municipalities in Bosnia and Herzegovina and the subsequent forcible removal of the majority of non-Serbs. He provided the financial, material and logistical support for such a take-over.
(e) He participated in the formation, financing, supply, support and direction of special forces of the Republic of Serbia Ministry of Internal Affairs (“MUP”). These special forces participated in the execution of the joint criminal enterprise.
(f) He participated in providing financial, logistical and political support and direction to Serbian irregular forces or paramilitaries. These forces participated in the execution of the joint criminal enterprise.
(g) He controlled, manipulated or otherwise utilised Serbian state-run media to spread exaggerated and false messages of ethnically based attacks by Bosniaks and Croats against Serbs intended to create an atmosphere of fear and hatred among Serbs living in Serbia, Croatia and Bosnia and Herzegovina which contributed to the forcible removal of the majority of non-Serbs.Superior Criminal Responsibility (Article 7(3) of the Statute)
The Indictment further alleges that Slobodan Milosevic, while holding positions of superior authority, is also responsible for the acts and/or omissions of his subordinates, pursuant to Article 7(3) of the Statute. A superior is responsible for the criminal acts of his subordinates if he knew or had reason to know that his subordinates were about to commit such acts or had done so, and the superior failed to take the necessary and reasonable measures to prevent such acts or punish the perpetrators.According to the Indictment the Federal Presidency had effective control over the JNA as its “Commander-in-Chief” and other units under the supervision of the JNA. Generals Veljko Kadijevic and Blagoje Adzic, who directed and supervised the JNA in Bosnia and Herzegovina, were in constant communication and consultation with the Accused.
On 27 April 1992, the Supreme Defence Council was formed. As a member of the Supreme Defence Council and as President of the FRY, Milosevic had de jure and de facto control over the JNA and later the VJ.
The Indictment also alleges that Milosevic exercised control over key figures in the Serbian MUP as well as in the State Security (Drzavna bezbednost, DB). The MUP and the DB directed the actions of the special forces and Serb paramilitary groups operating in Bosnia and Herzegovina.
Charges:
The Indictment charges Slobodan Milosevic on the basis of individual criminal responsibility (Article 7(1) of the Statute) and superior criminal responsibility (Article 7(3) thereof) with:
The Proceedings
Amicus curiae:
On 30 August (for the Kosovo case), 30 October (for the Croatia case) and 23 November 2001 (for the Bosnia case), the Trial Chamber issued orders inviting the Registrar to designate counsel to appear before it in the three cases as amicus curiae considering that it is “desirable and in the interests of securing a fair trial“, that an amicus curiae be appointed as permitted by Rule 74 of the Rules of Procedure and Evidence, “not to represent the accused but to assist in the proper determination of the case“. The amicus curiae are to assist the Trial Chamber by:1) Making any submissions properly open to the accused by way of preliminary or other pre-trial motion;
2) Making any submissions or objections to evidence properly open to the accused during the trial proceedings and cross-examining witnesses as appropriate;
3) Drawing to the attention of the Trial Chamber any exculpatory or mitigating evidence; and
4) Acting in any other way which designated counsel considers appropriate in order to secure a fair trial.On 6 September, 7 November and 27 November 2001, the Registrar of the Tribunal, Mr. Hans Holthuis, appointed Mr. Steven Kay QC, Mr. Branislav Tapuskovic and Prof. Michail Wladimiroff to act as amici curiae in the three cases.
On 10 October 2002, the Trial Chamber instructed the Registrar to revoke the designation of Prof. Michail Wladimiroff as amicus curiae. On 22 November 2002, it designated Mr. Timothy McCormack to act as amicus curiae.On 27 June 2003, the Trial Chamber ordered that the appointment of Branislav Tapu{kovi} as an Amicus Curiae was to end at the conclusion of the Prosecution case. The appointment of Mr. Steven Kay as Amicus Curiae continued and Ms. Gillian Higgins was appointed as Amicus Curiae effective on the start of the Defence case.
Joinder:
On 1 February 2002, the Appeals Chamber ordered that the three Indictments concerning Kosovo, Croatia and Bosnia and Herzegovina be tried together in one single trial.Trial:
The trial commenced on 12 February 2002 with evidence relevant only to the charges relating to Kosovo. The Prosecution concluded its case regarding Kosovo on 11 September 2002. On 26 September 2002, the Prosecution started the presentation of its case regarding Croatia and Bosnia and Herzegovina. It rested its case on 25 February 2004. The Defence case commenced on 31 August 2004 (see Press Release No. 870).On 12 April 2004, the Secretary-General of the United Nations, Mr. Kofi Annan, signed an order appointing Lord Bonomy as a Judge of the International Criminal Tribunal for the former Yugoslavia. Lord Bonomy, whose appointment is effective as of 1 June 2004, replaces Richard May who retired due to ill-health (see Press Release No. 838).
Trial Chamber III:
Judge Patrick Robinson (Presiding), Jamaica
Judge O-Gon Kwon, South Korea
Judge Iain Bonomy, United KingdomCounsel for the Prosecutor :
Geoffrey Nice
Hildegard Uertz-Retzlaff
Dermot Groome
Dirk RyneveldCounsel for the Defence:
Steven Kay
Gillian HigginsAmicusi Curiae:
Timothy McCormackkeywords: Slobodan Milosevic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
MOMIR NIKOLIC – GUILTY
Momir Nikolic (IT-02-60/1)
| Born | born on 20 February 1955 in Bratunac, Republic of Bosnia and Herzegovina |
| ———– Arrest / Surrendered |
|
| ———– Transferred to ICTY |
2 April 2002 |
| ———– Initial Appearance |
3 April 2002, pleaded “not guilty” to all counts
7 May 2003: pleaded guilty to Count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity. The remaining charges were withdrawn. |
| ———– Trial Chamber Sentencing Judgement |
2 December 2003, sentenced to 27 years’ imprisonment |
Pleaded guilty on 7 May 2003 to Count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity.
Trial Chamber Sentencing Judgement: 2 December 2003, sentenced to 27 years’ imprisonment.
Charged on the basis of individual criminal responsibility (Article 7(1))
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
Charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:
– Crimes against humanity
Defence Counsels in the Trial stage: Mr. Veselin Londrovic, Mr. Stefan Kirsch Defence Counsel in the Appeal stage: Mr. Rock Tansey
The three initial Indictments against Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic (IT-98-33/1, IT-01-43 and IT-01-44) were joined pursuant to an oral Decision of Trial Chamber II at the Status Conference of 15 January 2002. The Joinder Indictment (IT-02-53) and the Indictment against Momir Nikolic (IT-02-56) were joined pursuant to a written Order of Trial Chamber II dated 17 May 2002 as case number IT-02-60. On 9 May 2003, following his guilty plea, Momir Nikolic was assigned case number IT-02-60/1. On 23 May 2003, following his guilty plea, Dragan Obrenovic was assigned case number IT-02-60/2.
(See also the Blagojevic and Jokic (IT-02-60) and Obrenovic (IT-02-60/2)) case information sheets)
The Indictment (“Srebrenica”)
Factual allegations:
The Amended Joinder Indictment (hereinafter the Indictment), filed on 27 May 2002, alleges that Momir Nikolic, a teacher by profession, was mobilised into the army on 18 April 1992, when he was stationed at the Headquarters of the Territorial Defence as the Assistant Commander for Intelligence. In July 1995, he was assigned to the VRS Bratunac Brigade where he held the rank of Captain First Class and served as the Assistant Commander for Security and Intelligence.
It is alleged that, in his capacity as Assistant Commander for Security and Intelligence, Momir Nikolic was present in the Bratunac Brigade zone of responsibility from 4 July 1995 to 1 November 1995.
Provisional Release
On 28 March 2002, Trial Chamber II rejected Dragan Jokic’s Request for Provisional Release which he had filed on 10 January 2002. On 18 April 2002, a Bench of the Appeals Chamber granted Dragan Jokic Leave to Appeal the Decision. On 28 May 2002, the Appeals Chamber granted the appeal and ordered that Dragan Jokic be provisionally released. On 11 April 2003, the Trial Chamber terminated Dragan Jokic’s provisional release and ordered that the Accused surrender to the custody of the Tribunal on 29 April 2003 for the commencement of trial proceedings.
Charges:
The Indictment contained six counts charging Momir Nikolic on the basis of his individual criminal responsibility (Article 7(1) of the Statute1 ) with:
However, following Momir Nikolic’s decision to plead guilty (see below), the Prosecution withdrew the one count of genocide, three counts of crimes against humanity and the one count of violations of the laws or customs of war. Momir Nikolic was eventually sentenced on one count of persecutions on political, racial and religious grounds (count 5 of the Indictment).
Guilty plea
On 6 May 2003, the Prosecution and the Defence for Momir Nikolic appeared before the Trial Chamber for a hearing on the “Joint Motion for Consideration of Plea Agreements between Momir Nikolic and the Office of the Prosecutor”. The Trial Chamber asked the parties to amend the Plea Agreement and on 7 May 2003, Momir Nikolic pleaded guilty to count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity, according to the amended Plea Agreement. The Prosecution agreed to dismiss without prejudice to either party the remaining charges against Momir Nikolic (see Press Release No.751).
On 9 May 2003, the Trial Chamber separated the proceedings against Momir Nikolic (see case IT-02-60/1).
Sentencing Judgement
On 2 December 2003, the Trial Chamber sentenced Momir Nikolic to 27 years’ imprisonment. (see Judicial Supplement No. 47 and Press Release No. 806).
Trial Chamber I Section A:
Judge Liu Daqun (Presiding), China
Judge Volodymyr Vassylenko, Ukraine
Judge Carmen Maria Argibay, Argentina
Counsel for the Prosecution:
Peter McCloskey
Stefan Waespi
Antoinette Issa
Anne Davis
Counsel for the Defence:
Veselin Londrovic
Stefan Kirsch
Appeal
On 30 December 2003, Momir Nikolic filed his notice of appeal against the Sentencing Judgement. No date has been set yet for the hearing of the appeal.
Appeals Chamber:
Theodor Meron (Presiding), United States
Fausto Pocar, Italy
Mohamed Shahabuddeen, Guyana
Mehmet Güney, Turkey
Inés Mónica Weinberg de Roca, Argentina
Counsel for the Prosecution:
Mr. Norman Farrell
Counsel for the Defence:
Rock Tansey
1. According to Count 6 of the Indictment (forcible transfer), Momir Nikolic was also charged as a superior under Article 7(3). In its Pre-Trial Brief of 8 November 2002 on page 50, the Prosecution submitted that this was done inadvertently when the Indictment was drafted. Accordingly, the Prosecution announced that it intended to withdraw the charge that Momir Nikolic committed Count 6: Inhumane acts (forcible transfer), a crime against humanity, punishable under Article 5(i) and 7(3) of the Statute.
VIDOJE BLAGOJEVIC and DRAGAN JOKIC – GUILTY
Vidoje Blagojevic
Colonel in command of the 1st Bratunac Light Infantry Brigade
| Born | 22 June 1950 in Bratunac Municipality, Bosnia and Herzegovina. |
| ———– Arrest / Surrendered |
10 August 2001, apprehended by SFOR |
| ———– Transferred to ICTY |
10 August 2001 |
| ———– Initial Appearance |
16 August 2001, pleaded “not guilty” to all counts. |
| ———– Trial Chamber Sentencing Judgement |
17 January 2005, sentenced to 18 years’ imprisonment |
Trial Chamber Judgement: 17 January 2005, found guilty by virtue of his superior individual responsibility, of complicity to commit genocide; murder as a crime against humanity and as a violation of the laws or customs of war; persecutions as a crime against humanity; inhumane acts (forcible transfer) and sentenced to 18 years’ imprisonment.
Charged on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:
– Genocide
– Crimes against humanity
– Violations of the laws or customs of war
Start of the trial: 14 May 2003
Defence Counsels in the Trial stage: Mr. Michael Karnavas, Ms. Susanna Tomanovic Defence Counsel in the Appeal stage: Mr. Vladimir Domazet
Dragan Jokic
| Born | 20 August 1957 in Grbavci, Zvornik Municipality, Bosnia and Herzegovina |
| ———– Arrest / Surrendered |
15 August 2001, voluntary surrender |
| ———– Transferred to ICTY |
15 August 2001 |
| ———– Initial Appearance |
21 August 2001, pleaded “not guilty” to all counts. |
| ———– Provisionally released |
28 May 2002 – 29 April 2003 |
| ———– Trial Chamber Sentencing Judgement |
17 January 2005, sentenced to 9 years’ imprisonment |
Trial Chamber Judgement: 17 January 2005, found guilty, by virtue of his individual criminal responsibility, of extermination as a crime against humanity; murder as a violation of the laws or customs of war; persecutions as a crime against humanity and sentenced to 9 years’ imprisonment.
Charged on the basis of individual criminal responsibility (Article 7(1)) with:
– Crimes against humanity
– Violations of the laws or customs of war
Start of the trial: 14 May 2003
Defence Counsels: Mr. Miodrag Stojanovic, Mr. Branko Lukic
The three initial Indictments against Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic (IT-98-33/1, IT-01-43 and IT-01-44) were joined pursuant to an oral Decision of Trial Chamber II at the Status Conference of 15 January 2002. The Joinder Indictment (IT-02-53) and the Indictment against Momir Nikolic (IT-02-56) were joined pursuant to a written Order of Trial Chamber II dated 17 May 2002 as case number IT-02-60. On 9 May 2003, following his guilty plea, Momir Nikolic was assigned case number IT-02-60/1. On 23 May 2003, following his guilty plea, Dragan Obrenovic was assigned case number IT-02-60/2.
The Indictment (“Srebrenica”)
Factual allegations:
The Amended Joinder Indictment (hereinafter the Indictment), filed on 27 May 2002, alleges that Vidoje Blagojevic was appointed Commander of the 1st Bratunac Light Infantry Brigade (“Bratunac Brigade”) of the Bosnian Serb Army (“VRS”) in May 1995. It is alleged that his brigade was responsible for the security of the territory opposite the northern, eastern and southern boundaries of the Srebrenica “safe area” and directly participated in its capture.
The Indictment further states that during the VRS attack on the Srebrenica “safe area” and the subsequent killing and execution of Bosniak men, Vidoje Blagojevic, as the Colonel in charge of the Bratunac Brigade, was present in the Bratunac Brigade zone of responsibility exercising command through at least 17 July 1995. He is then alleged to have led a battalion of his troops as part of a VRS operation attacking the Bosniak enclave of @epa. After its fall, he allegedly returned to the Bratunac zone of responsibility where he remained until 22 September 1995. He remained the Bratunac Brigade Commander until mid-1996 when he was re-assigned to the VRS Main Staff, later named the VRS General Staff.
As a brigade commander, he was responsible for planning, directing and monitoring the activities of all the subordinate formations of his brigade, in accordance with the directives received from his higher command at the Corps and Main Staff levels.
The Indictment alleges that on 1 July 1995, Dragan Obrenovic was a Major and held the position of Chief of Staff of the Zvornik Brigade, a unit of the VRS. As Chief of Staff, he was allegedly responsible for directing the activities of the Brigade Staff. He was responsible for monitoring, controlling and organising the activities of all units and activities within the Brigade zone of responsibility, to give supplementing orders to ensure implementation of the Commander’s order and act as primary adviser to his Brigade Commander. As Chief of Staff, he was concurrently the Brigade Deputy Commander where, in the absence of his Commander, he was allegedly in charge of the Zvornik Brigade and had the right to give assignments to subordinates.
When the Srebrenica operation began on 6 July 1995, the Commander of the Zvornik Brigade, Vinko Pandurevic, was absent on other duties outside the Zvornik Brigade zone of responsibility and the Deputy Commander, Dragan Obrenovic, was in charge of the Zvornik Brigade on 6 July 1995 through to midday on 15 July 1995, when Vinko Pandurevic returned.
The Indictment alleges that Momir Nikolic, a teacher by profession, was mobilised into the army on 18 April 1992, when he was stationed at the Headquarters of the Territorial Defence as the Assistant Commander for Intelligence. In July 1995, he was assigned to the VRS Bratunac Brigade where he held the rank of Captain First Class and served as the Assistant Commander for Security and Intelligence.
It is alleged that, in his capacity as Assistant Commander for Security and Intelligence, Momir Nikolic was present in the Bratunac Brigade zone of responsibility from 4 July 1995 to 1 November 1995.
The Indictment alleges that Dragan Jokic held the rank of Major with the position of Chief of Engineering of the Zvornik Brigade. As Chief of Engineering, he was a member of the Zvornik Brigade staff and the advisor to the Zvornik Brigade Commander and to the Chief of Staff/Deputy Commander for matters relating to Engineering Services, such as defence works, mining activities, road construction and excavation projects. He was also allegedly responsible for planning, directing, organising and monitoring the activities of the Zvornik Brigade Engineering Company which implemented the directives of the Brigade Commander and/or the Chief of Staff/Deputy Commander. In addition, he is alleged to have been the Duty Officer of the Zvornik Brigade for a 24-hour period from the morning of 14 July 1995 until the morning of 15 July 1995. The Duty Officer was the central point of co-ordination and communications for the Zvornik Brigade zone of responsibility.
Charges:
The Indictment contains six counts charging the co-Accused as follows:
Vidoje Blagojevic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) and his superior criminal responsibility (Article 7(3) of the Statute) with:
Dragan Jokic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
Provisional Release
On 28 March 2002, Trial Chamber II rejected Dragan Jokic’s Request for Provisional Release which he had filed on 10 January 2002. On 18 April 2002, a Bench of the Appeals Chamber granted Dragan Jokic Leave to Appeal the Decision. On 28 May 2002, the Appeals Chamber granted the appeal and ordered that Dragan Jokic be provisionally released. On 11 April 2003, the Trial Chamber terminated Dragan Jokic’s provisional release and ordered that the Accused surrender to the custody of the Tribunal on 29 April 2003 for the commencement of trial proceedings.
Guilty pleas
On 6 May 2003, the Prosecution and the Defence for Momir Nikolic appeared before the Trial Chamber for a hearing on the “Joint Motion for Consideration of Plea Agreements between Momir Nikolic and the Office of the Prosecutor”. The Trial Chamber asked the parties to amend the Plea Agreement and on 7 May 2003, Momir Nikolic pleaded guilty to count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity, according to the amended Plea Agreement (see Press Release No.751).
On 9 May 2003, the Trial Chamber separated the proceedings against Momir Nikolic (see case IT-02-60/1).
On 21 May 2003, the Prosecution and the Defence for Dragan Obrenovic appeared before the Trial Chamber for a hearing on the “Joint Motion for Consideration of Plea Agreement between Dragan Obrenovic and the Office of the Prosecutor”. Dragan Obrenovic pleaded guilty to count five of the Indictment, persecutions on political, racial and religious grounds, a crime against humanity (see Press Release No. 756).
On 23 May 2003, the Trial Chamber separated the proceedings against Dragan Obrenovic (see case IT-02-60/2).
Trial
The Trial commenced on 14 May 2003. The Prosecution presented its case from 14 May 2003 to 27 February 2004. The Defence for Vidoje Blagojevic presented its case from 14 April until 25 June 2004 and the Defence for Dragan Jokic presented its case from 1 until 23 July 2004.
The parties presented their closing arguments from 29 September until 1 October 2004.
Judgement
Vidoje Blagojevic was found not guilty under Article 7(3) of the Statute but guilty pursuant to Article 7(1) of the Statute, through aiding and abetting, of complicity to commit genocide; murder as a crime against humanity and as a violation of the laws or customs of war; persecutions as a crime against humanity; inhumane acts (forcible transfer). He was not found guilty of extermination. Vidoje Blagojevic was sentenced to 18 years’ imprisonment.
Dragan Jokic was found guilty, under Article 7(1) of the Statute, of extermination as a crime against humanity; murder as a violation of the laws or customs of war; persecutions as a crime against humanity. He was found not guilty of murder as a crime against humanity. Dragan Jokic was sentenced to 9 years’ imprisonment.
Trial Chamber I Section A:
Judge Liu Daqun (Presiding), China
Judge Volodymyr Vassylenko, Ukraine
Judge Carmen Maria Argibay, Argentina
Counsel for the Prosecution:
Mr. Peter McCloskey
Ms. Antoinette Issa
Mr. Stefan Waespi
Counsel for the Defence:
For Vidoje Blagojevic:
Mr. Michael Karnavas
Ms. Suzana Tomanovic,
For Dragan Jokic:
Mr. Miodrag Stojanovic,
Mr. Branko Lukic
keywords: Vidoje Blagojevic, Dragan Jokic, Momir Nikolic, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina
Srebrenica Massacre 