1 - Resolution 827 (1993) adopted by the Security Council on 25 May 1993.
2 - At the time, the accused was a colonel. He was promoted to General of the army of the Republic of Croatia after the period covered by the indictment. In addition, the first name "Tihofil" was sometimes used in referring to him. To take this situation into account but also to ensure the presentation is consistent, the accused shall be called "General Blaskic", "Colonel Blaskic", "Tihomir Blaskic" or simply "the accused".
3 - Confirmation of the indictment, case no. IT-95-14-I, 10 November 1995. Originally, the document included six accused including Dario Kordic, Tihomir Blaskic, Mario Cerkez and Zlatko Aleksovski. Following severances, the reference "IT-95-14" concerns Tihomir Blaskic only.
4 - Motion to strike portions of amended indictment alleging "failure to punish" liability, Case no. IT-95-14-PT, 4 December 1996.
5 - Decision on the Defence Motion to strike portions of the amended indictment alleging "failure to punish" liability, Case no. IT-95-14-PT, 4 April 1997.
6 - Motion in limine regarding mens rea required for charges alleging command responsibility and for bill of particulars re command responsibility portions of indictment, Case no. IT-95-14-PT, 4 December 1996.
7 - Decision rejecting the Defence motion in limine regarding mens rea required for charges alleging command responsibility and for bill of particulars re command responsibility portions of indictment, Case no. IT-95-14-95-PT, 4 April 1997.
8 - Motion to dismiss counts 4, 7, 10, 14, 16 and 18 based on failure to adequately plead existence of international armed conflict, Case no. IT-95-14-PT, 16 Decmeber 1996.
9 - Decision to reject a motion of the Defence to dismiss counts 4, 7, 10, 14, 16 and 18 based on failure to adequately plead existence of international armed conflict, Case no. IT-95-14-PT, 4 April 1997.
10 - Decision on the Defence motion to dismiss the indictment based upon defects in the form thereof (vagueness/lack of adequate notice of charges), Case no. IT-95-14-PT, 4 April 1997.
11 - Decision on the Defence request for enforcement of an Order of the Trial Chamber, Case no. IT-95-14-PT, 23 May 1997.
12 - Summary of the Prosecutor’s Final Brief, 22 July 1999 (filed on 30 July 1999) (hereinafter "Prosecutor’s Brief"), paragraph (hereinafter "para.") 8.2, p. 59.
13 - For counts 6, 9, 16, 18 and 20, the Prosecutor specifies Article 3 common to the Geneva Conventions of 12 August 1949 (hereinafter "the Geneva Conventions") for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (hereinafter "the First Convention"), for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at sea (hereinafter "the Second Convention"), Relative to the Treatment of Prisoners of War (hereinafter "the Third Convention") and relative to the Protection of Civilian Persons in Time of War (hereinafter "the Fourth Convention"); in addition, for counts 3 and 4, the Prosecutor refers to Articles 51(2) and 52(1) respectively of Protocol I of 8 June 1977 Additional to the Geneva Conventions of 1949 Relating to the Protection of Victims in International Armed Conflicts (hereinafter "Protocol I").
14 - That is, in actual fact, between 1 May 1992 at the earliest and 31 January 1994 at the latest.
15 - Second amended indictment, Case no. ITR-95-14-PT, para. 1.
16 - Ibid., para. 5.10.
17 - Article 5(h) of the Statute.
18 - The Trial Chamber states the neutrality of the expression, in any case used by the Prosecutor (hereinafter "Bosnian Muslims" or "Muslim civilians").
19 - Second amended indictment, Case no. ITR-95-14-PT, para. 6.
20 - Ibid., para. 6.1.
21 - Ibid., para. 6.2.
22 - Ibid., para. 6.3.
23 - Ibid., paras. 6.4 and 6.5..
24 - Ibid., para. 6.7.
25 - Ibid., para. 7.
26 - Articles 3 and 3(b) of the Statute and Articles 51(2) and 52(1) of Protocol I for counts 3 and 4.
27 - Second amended indictment, para. 8.
28 - Ibid., para. 9.
29 - Articles 2(a) and 2(c) of the Statute.
30 - Article 3 of the Statute and Article 3(1) of the Geneva Conventions.
31 - Articles 5(a) and 5(i) of the Statute.
32 - Article 2(d) of the Statute.
33 - Articles 3(b) and 3(e) of the Statute.
34 - Second amended indictment, para. 10.
35 - Article 3(d) of the Statute.
36 - Second amended indictment, para. 11.
37 - Ibid., paras. 13 and 14.
38 - Ibid., para. 15.
39 - Ibid., para. 16.
40 - Articles 2(b) and 2(h) of the Statute.
41 - Article 3 of the Statute and Article 3(1)(a) common to the four Geneva Conventions.
42 - Warrants of Arrest Order for Surrender of Tihomir Blaskic addressed to the Federation of Bosnia-Herzegovina, the Republic of Croatia and the Republic of Bosnia-Herzegovina, Case no. IT-95-14-I, 10 November 1995.
43 - Order rendered on 24 December 1995 by Judge Claude Jorda, Case no. IT-95-14-I, 24 December 1995.
44 - Warrant of Arrest Order for Surrender of Tihomir Blaskic addressed to the Kingdom of The Netherlands, Case no. IT-95-14-I, 28 March 1996.
45 - Provisional English Transcript (hereinafter "PT") of the hearing of 4 December 1996, p. 5.
46 - Order for the holding of a hearing and the setting of a date for the start of trial, Case no. IT-95-14-PT, 17 June 1997.
47 - Some of the exhibits contain several distinct parts, even up to around one hundred elements.
48 - Order of the President temporarily assigning a Judge to Trial Chamber I, Case no. IT-95-14-PT, 27 January 1997.
49 - Order of the President assigning a Judge to a Trial Chamber, Case no. IT-95-14-T, 16 June 1997.
50 - PT of 12 and 21 January 1999.
51 - Report of the Presiding Judge of Trial Chamber I pursuant to Sub-rule 15(F) of the Rules of Procedure and Evidence, Decision on the production of discovery materials, Case no. IT-95-14-T, 26 January 1999.
52 - Conditional consent of the accused to the continuation of the proceedings following the assignment of a new Judge to the Trial Chamber, Case no. IT-95-14-T, 22 January 1999.
53 - Order of the President for the assignment of a Judge to the Trial Chamber, Case no. IT-95-14-T, 29 January 1999.
54 - Decision on the motion of the Defence filed pursuant to Rule 64 of the Rules of Procedure and Evidence, Case no. IT-95-14-I, 3 April 1996, para. 24.
55 - Decision on the motion of the Defence seeking modification to the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 17 April 1996; Decision on the motion of the Defence seeking modification to the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 9 May 1996; Decision on motion of the Defence seeking modification of the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 9 January 1997; Decision on the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 26 May 1997.
56 - Order modifying the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 20 June 1997; Decision on the modification of the conditions of detention of General Blaskic, Case no. IT-95-14-PT, 23 June 1997; Decision, Case no. IT-95-14-T, 17 July 1997.
57 - Decision rejecting a request for provisional release, Case no. IT-95-14-PT, 25 April 1996. Order denying a motion for provisional release, Case no. IT-95-14-PT, 20 December 1996.
58 - Motion to compel the production of discovery material, Case no. IT-95-14-PT, 26 November 1996.
59 - Decision on the production of discovery materials, Case no. IT-95-14-PT, 27 January 1997.
60 - Ibid., para. 22.
61 - Decision on the Motion by the accused Zejnil Delalic for the disclosure of evidence, Case no. IT-96-21-T, 26 September 1996.
62 - Decision on the production of discovery materials, Case no. IT-95-14-PT, 27 January 1997, para. 49.
63 - Decision on the Defence Motion to preclude testimony of certain Prosecution witnesses based upon the Prosecution’s violation of the Tribunal’s Order compelling the production of discovery materials, Case no. IT-95-14-T, 25 August 1997.
64 - Decision on the Defence Motion for sanctions for the Prosecutor’s failure to comply with Sub-rule 66(A) of the Rules and the Decision of 27 January 1997 compelling the production of all statements of the accused, Case no. IT-95-14-T, 15 July 1998, p. 3.
65 - Decision on the Defence Motion to compel the disclosure of Rule 66 and 68 material relating to statements made by a person known as "X", Case no. IT-95-14-T, 15 July 1998.
66 - Decision on the Defence Motion to preclude testimony of certain Prosecution witnesses based upon the Prosecution’s violation of the Tribunal’s Order compelling the production of discovery materials, Case no. IT-95-14-T, 25 August 1997.
67 - Decision of Trial Chamber I on the Prosecutor’s Motion for clarification of order requiring advance disclosure of witnesses and for Order requiring reciprocal advance disclosure by the Defence, Case no. IT-95-14-T, 29 January 1998.
68 - Decision on the Prosecutor’s Motion for seven (7) days advance disclosure of Defence witnesses and Defence witnesses statements, Case no. IT-95-14-T, 3 September 1998.
69 - Decision on the Defence Motion for "Sanctions for Prosecutor’s repeated violations of Rule 68 of the Rules of Procedure and Evidence", Case no. IT-95-14-T, 29 April 1998.
70 - Order for the production of documents used to prepare for testimony, Case no. IT-95-14-T, 22 April 1999.
71 - No response was received from the Federation.
72 - Decision of Trial Chamber I on the Prosecutor’s Motion for video deposition and protective measures, Case no. IT-95-14-T, 11 November 1997, para. 10.
73 - Decision of Trial Chamber I on the Application of the Defence pursuant to Sub-rule 70(F) of the Rules, Case no. IT-95-14-T, 12 January 1999 (under seal) and Decision of Trial Chamber I on the Motion to protect a witness, Case no. IT-95-14-T, 19 March 1999.
74 - Aforementioned Decision of 11 November 1997, paras. 10-23.
75 - Decision on the Prosecutor’s request for authorization to delay disclosure of Rule 70 information, Case no. IT-95-14-T, 6 May 1998, paras. 13-15.
76 - Decision on the standing objection of the Defence to the admission of hearsay with no inquiry as to its reliability, Case no. IT-95-14-T, 21 January 1998.
77 - Decision on the Defence Motion for reconsideration of the ruling to exclude from evidence authentic and exculpatory documentary evidence, Case no. IT-95-14-T, 30 January 1998.
78 - Decision on the Defence Motion to admit into evidence the prior statement of deceased witness Midhat Haskic, Case no. IT-95-14-T, 29 April 1998.
79 - Decision of Trial Chamber I on the application of the Prosecutor to admit into evidence the statement of Defence witness Mr. Leyshon, Case no. IT-95-14-T, 16 March 1999.
80 - Motion of the accused Dario Kordic and Mario Cerkez for access to the non-public materials in this case, Case no. IT-95-14-T, 16 September 1998.
81 - Decision on the Motion of the accused for access to non-public materials in the Lasva Valley and related cases, Case no. IT-95-14/2-T, 12 November 1998.
82 - Opinion further to the Decision of the Trial Chamber seized of the case The Prosecutor v. Dario Kordic and Mario Cerkez dated 12 November 1998, Case no. IT-95-14-T, 16 December 1998.
83 - Decision on the Prosecution and Defence Motions dated 25 January 1999 and 25 March 1999 respectively, Case no. IT-95-14-T, 22 April 1999.
84 - Decision on the Motion to allow non-public evidence to be revealed to the Kordic-Cerkez Trial Chamber and Defence Counsel, Case no. IT-95-14-T, 17 January 2000.
85 - Subpoena duces tecum issued to the Republic of Croatia and to the Ministry of Defence Gojko Susak, Case no. IT-95-14-PT, Judge McDonald, 15 January 1997. Judge MacDonald issued the Order being the Judge who confirmed the indictment against Tihomir Blaskic.
86 - Reply to subpoena duces tecum, government of the Republic of Croatia, Case no. IT-95-14-PT, 10 February 1997.
87 - Request for assistance to the Republic of Croatia by the Prosecutor under Rule 39 of the Rules of Procedure and Evidence of the International Tribunal, Case no. IT-95-14-PT, 19 February 1997.
88 - Decision on the objection of the Republic of Croatia to the issuance of subpoenae duces tecum, Case no. IT-95-14-PT, 18 July 1997, (hereinafter "the Decision on the subpoenae duces tecum").
89 - Judgement on the Request of the Republic of Croatia for review of the Decision of Trial Chamber II of 18 July 1997, Case no. IT-95-14-AR 108bis, 29 October 1997 (hereinafter "the Judgement on the Request of the Republic of Croatia"); for a full reminder of the proceedings of the issue until the Judgement, see the Judgement, para. 2-18.
90 - In addition, Croatia requested that the Order of the Trial Chamber be suspended until the Appeals Judgement had been rendered and that no new binding Order under threat of sanctions be issued to the States or their official agents. The Appeals Chamber declared the Request admissible and suspended the subpoena duces tecum (Decision on the admissibility of the request for review by the Republic of Croatia of an interlocutory Decision of a Trial: Chamber (issuance of subpoenae duces tecum) and scheduling Order, The Prosecutor v. Tihomir Blaskic, Case no. IT-95-14-AR 108bis, Appeals Chamber, 29 July 1997).
91 - The Judgement on the Request of the Republic of Croatia, para. 32.
92 - For an exact description of the four criteria see the Judgement on the Request of the Republic of Croatia, para. 32.
93 - The Judgement on the Request of the Republic of Croatia, paras. 67-69.
94 - Article 29 of the Statute entitled, "Co-operation and judicial assistance" states inter alia that "States shall comply without undue delay with any request for assistance or an order issued by a Trial Chamber, including but not limited to [...] the production of evidence [and] the service of documents".
95 - Order on the Motion of the Prosecutor for the issuance of a binding Order on the Republic of Croatia for the production of documents (confidential – ex parte), Case no. IT-95-14-T, 30 January 1998.
96 - Notice of State Request for review of Order on the Motion of the Prosecutor for the issuance of a binding Order on the Republic of Croatia for the production of documents and Request for stay of Trial Chamber’s Order of 30 January 1998 (hereinafter "the Request of Croatia").
97 - Order terminating proceedings, Case no. IT-95-14-AR 108bis, 16 November 1999.
98 - The accused claimed that he had been able to prepare his testimony upon the basis of archives whose existence the party concerned denied.
99 - Decision on the Prosecutor’s Motion requesting protective measures for witnesses and victims, Case no. IT-95-14- PT, 17 June 1996.
100 - Decision rejecting the Request of the Prosecutor for ex parte proceedings, Case no. IT-95-14-PT, 18 September 1996.
101 - Decision of Trial Chamber I on the Applications of the Prosecutor dated 24 June and 30 August 1996 in respect of the protection of witnesses, Case no. IT-95-14-PT, 2 October 1996.
102 - Decision of Trial Chamber I on the Requests of the Prosecutor of 12 and 14 May 1997 in respect of the protection of witnesses, Case no. IT-95-14-PT, 6 June 1997, para. 12.
103 - Decision on the Defence Motion for protective measures for Defence witnesses, Case no. IT-95-14-T, 30 September 1998.
104 - Decision on the Application of the Prosecutor dated 17 October 1996 requesting protective measures for victims and witnesses, Case no. IT-95-14-PT, 5 November 1996, para. 24.
105 - Hereinafter "the Tadic Trial Chamber".
106 - Orders granting safe-passage to Defence witnesses "D/A","D/B", "D/C", "D/E", "D/F" and "D/G", Case no. IT-95-14-T, 7 September 1998.
107 - Cf. infra the section on the appearance of the Trial Chamber witnesses pursuant to Rule 98 of the Rules.
108 - Order relative to the testimony of General Milivoj Petkovic, Case no. IT-95-14-T, 17 June 1999.
109 - Decision on the length of proceedings and the time allocated to the parties to present their evidence, Case no. IT-95-14-T, 17 December 1997. One "hearing day" equates to a productive session lasting five hours and twenty minutes. One calendar day is often not long enough to constitute a whole hearing day, if only because of unforeseen technical issues.
110 - Decision on Prosecutor and Defence Motions to proceed by deposition, Case no. IT-95-14-T, 19 February 1998.
111 - Motion to dismiss, Case no. IT-95-14-T, 10 August 1998.
112 - Decision of Trial Chamber I on the Defence Motion to dismiss, Case no. IT-95-14-T, 3 September 1998.
113 - So as to be comprehensive, it should be pointed out that the Trial Chamber also made a Defence witness appear, Professor Jankovic (PT pp. 17336-17337).
114 - Decision of Trial Chamber I in respect of the appearance of General Philippe Morillon, Case no. IT-95-14-T, 25 March 1999.
115 - Decision of Trial Chamber I in respect of the appearance of Mr. Jean-Pierre Thébault, Case no. IT-95-14-T, 25 March 1999.
116 - Decision of Trial Chamber I on the appearance of Colonel Robert Stewart, Case no. IT-95-14-T, 25 March 1999.
117 - Decision of Trial Chamber I in respect of the appearance of General Enver Hadzihasanaovic, Case no. IT-95-14-T, 25 March 1999.
118 - Decision of Trial Chamber I in respect of the appearance of General Milivoj Petkovic, Case no. IT-95-14-T, 25 March 1999.
119 - Decision of Trial Chamber I in respect of the appearance of the commanders of the Seventh Muslim Brigade of the Army of Bosnia and Herzegovina, Case no. IT-95-14-T, 25 March 1999.
120 - Decision of Trial Chamber I on protective measures for General Philippe Morillon, witness of the Trial Chamber, Case no. IT-95-14-T, 12 May 1999; Decision of Trial Chamber I on protective measures for Mr. Jean-Pierre Thébault, witness of the Trial Chamber, Case no. IT-95-14-T, 13 May 1999; Decision of Trial Chamber I summoning Mr. Robert Stewart as a witness of the Trial Chamber, Case no. IT-95-14-T, 19 May 1999; Decision of Trial Chamber I to call General Enver Hadzihasanaovic as a witness of the Trial Chamber, Case no. IT-95-14-T, 21 May 1999; Decision of Trial Chamber I to call General Milivoj Petkovic as a witness of the Trial Chamber, Case no. IT-95-14-T, 21 May 1999; Order relative to the testimony of General Milivoj Petkovic, Case no. IT-95-14-T, 17 June 1999; Decision of Trial Chamber I in respect of protective measures for General Milivoj Petkovic, Case no. IT-95-14-T, 22 June 1999; Decision of Trial Chamber I to call Colonel Serif Patkovic as a witness of the Trial Chamber, Case no. IT-95-14-T, 21 May 1999; Decision of Trial Chamber I to call Colonel Amir Kubura as a witness of the Trial Chamber, Case no. IT-95-14-T, 21 May 1999; Decision of Trial Chamber I to call Colonel Asim Koricic as a witness of the Trial Chamber, Case no. IT-95-14-T, 21 May 1999.
121 - During the 18th plenary, the Judges decided that the amendment, which did not impinge upon the rights of the accused, was to come into immediate effect.
122 - Decision on the Defence Motion for interlocutory appeal on jurisdiction, The Prosecutor v. Dusko Tadic a/k/a "Dule", Case no. IT-94-1-AR72 (hereinafter the "Tadic Appeal Decision"), para. 87.
123 - Tadic Appeal Decision, para. 91.
124 - Tadic Appeal Decision, para. 70.
125 - Id.
126 - Judgement, The Prosecutor v. Zejnil Delalic et al, Case no. IT-96-21-T, 19 November 1998, (hereinafter the "Celebici Judgement"), paras. 182 to 185 and 193 to 195).
127 - Cf. inter alia Article II 1-c of Law No. 10, Article 1 of the Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, 78 United Nations Treaty Series (hereinafter the "UNTS") 277 and Articles 1 and 2 of the International Convention on the Suppression and Punishment of the Crime of Apartheid, 30 November 1973, UNTS 243.
128 - Tadic Appeal Decision, para. 140; Judgement, The Prosecutor v. Dusko Tadic, Case no. IT-94-1-A, 15 July 1999 (hereinafter the "Tadic Appeal Judgement"), para. 251.
129 - Tadic Appeal Decision, para. 140.
130 - Cf. Judgement, The Prosecutor v. Jean-Paul Akayesu, Case no. ICTR-96-4-T, 2 September 1998 (hereinafter the "Akayesu Judgement"), paras. 563-584; Judgement, The Prosecutor v. Clément Kayishema and Obed Ruzindana, Case no. ICTR-95-1-T, 21 May 1999 (hereinafter the "Kayishema-Ruzindana Judgement"), paras. 119-134.
131 - Report of the Secretary-General pursuant to paragraph 2 of Security Council resolution 808 (1993) (hereinafter the "Report of the Secretary-General"), para. 47 (emphasis added).
132 - Tadic Appeal Decision, para. 142.
133 - Tadic Appeal Judgement, para. 249.
134 - Tadic Appeal Decision, para. 70.
135 - Judgement, The Prosecutor v. Dusko Tadic a/k/a "Dule", Case no. IT-94-1-T, 7 May 1997 (hereinafter the "Tadic Judgement"), para. 573; Celebici Judgement, para. 195.
136 - The condition required by the provisions of Article 5 of the Statute is temporal: "The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict" (emphasis added).
137 - Tadic Appeal Judgement, para. 251. According to the Judges of the Appeals Chamber "[t]he armed conflict requirement is satisfied by proof that there was an armed conflict; that is all the Statute requires, and in so doing, it requires more than does customary international law".
138 - Tadic Judgement, paras. 618-660.
139 - Provisional transcript of the 3217th meeting, UN document S/PV. 3217 (25 May 1993), p. 11 (French declaration), p. 16 (United States declaration), p. 19 (United Kingdom declaration) and p. 45 (Russian Federation declaration).
140 - Tadic Appeal Judgement, para. 84.
141 - Prosecutor’s summary, p. 6, para. 1.9.
142 - Originally, the HVO was a component of the army of Bosnia-Herzegovina and came under the supreme authority of Sarajevo. However, it detached from it quickly and became the armed wing of the Bosnian Croats and received its orders only from its large headquarters in Mostar (see below, section II).
143 - Submissions, PT p. 24940.
144 - Defence Final Brief, 22 July 1999 (hereinafter the "Defence Brief"), p. 32.
145 - P786 (the exhibits will be specified by their number, preceded by the letters P, D or C according to who submitted them during the trial, the Prosecutor, the Defence or a witness of the Trial Chamber).
146 - Emphasis added.
147 - Witness Degan, PT pp. 16180-16181.
148 - Defence Summary, p. 32.
149 - Witness DX, PT p. 20004
150 - Witness II, PT pp. 7169-7171.
151 - Witness Domazet, PT pp. 11563, 11572.
152 - Witness Domazet, PT pp. 11583-11584. Cf. also document P406/49 (27 March 1993): authorisation given by Milivoy Petkovic to an HV unit to enter BH territory.
153 - Witness Degan, PT p. 16206.
154 - Witness II, PT pp. 7169-7170.
155 - Witness Vulliamy, PT p. 7711; P406/38 (under seal); P303 (report of the European Commission Monitoring Mission (hereinafter the "ECMM")); see also the Prosecutor’s Brief, book 1, p. 149 , para. 6.95.
156 - Witness Domazet, PT p. 11591. Cf. also P406/89.
157 - Witness Domazet, PT p. 11591. Cf. also P406/94.
158 - Witness DX, PT pp. 20002-20003.
159 - Witness VV, PT pp. 9556-9557, pp. 9562-9565.
160 - Witness Buffini, PT pp. 5581-5588, p. 5599; witness Short, PT p. 24244; witness Duncan, PT p. 9083; P601, P747.
161 - P406/72.
162 - P741, p. 3. P406/90; P406/91 (these documents date from November 1993). Cf. also witness Short, PT p. 24244.
163 - P406/20, P406/74; P406/76; P406/78; P406/94.
164 - P556; witness Degan, PT pp. 16142-16143.
165 - P557; witness Degan, pp. 16147ff.
166 - P406/95; witness Degan, PT pp. 16151-16152.
167 - P406/14.
168 - P406/29
169 - Several documents make reference to the withdrawal of the HV troops from BH: cf. in particular, P406/99 and P406/101 to P406/104.
170 - P406/96 and P406/100.
171 - Prosecutor’s Brief, book 1, p. 171, para. 6.106. Cf. P406/38.
172 - UN Document S/1994/117 (16 February 1994), P406/99 (emphasis added).
173 - Witness HH, PT pp. 6800-6803.
174 - Witness Hrustic, PT pp. 4797-4798; witness HH, PT p. 6837.
175 - Witness FF, PT p. 6164.
176 - Witness Mujezinovic, PT pp. 1723-1724.
177 - P406/45. One witness stated that when the accused was in Kiseljak his personal guard was an individual who wore the Croatian coat of arms (witness HH, PT pp. 6820-6821; this assertion has not however been confirmed).
178 - Prosecutor’s Brief, book 1, p. 172, para. 6.111.
179 - P406/17. This order, dated 10 June 1992, affects the parties concerned on a "temporary" basis while indicating that they will continue to have the same rights as beforehand and that they must report to General Bobetko, Chief-of-Staff of the "southern front – Ploce" command. Amongst other equipment, the parties were supposed to be supplied with four VHF radios and a cellular telephone.
180 - P604.
181 - Witness Blaskic, PT p. 19050.
182 - Witness Blaskic, PT p. 19210.
183 - P406/7, P406/26, P406/31, P406/36, P406/55.
184 - Witness Hunter, PT p. 5141.
185 - As suggested by witness DX, PT pp. 20034-20035.
186 - Tadic Appeal Judgement, para. 95.
187 - Tadic Appeal Judgement, para. 96.
188 - Case concerning military and paramilitary activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgement of 27 June 1986, ICJ Report 1986 (hereinafter "the Nicaragua Judgement" or "Nicaragua").
189 - Tadic Appeal Judgement, paras. 99 to 145.
190 - Defence Brief, pp. 50 to 53.
191 - Tadic Appeal Judgement, para. 124.
192 - Tadic Appeal Judgement, para. 137.
193 - Tadic Appeal Judgement, para. 137.
194 - Tadic Appeal Judgement, para. 141.
195 - This is the second criterion presented in the Tadic Appeal Judgement.
196 - Tadic Appeal Judgement, para. 137.
197 - Tadic Appeal Judgement, paras. 150 to 151.
198 - Defence Brief, book 3, p. 52.
199 - Witness Bilandzic, PT pp. 11366-11367.
200 - Witness Bilandzic, PT pp. 11384-11385; P18, Tudjman’s book, Nationalism in Contemporary Europe (1981).
201 - P18, witness Donia, PT pp. 169-171.
202 - P19, witness Donia, PT p. 178.
203 - Witness P, PT pp. 4708-4709.
204 - Witness II, PT p. 7136.
205 - Witness Bilandzic, PT pp. 11363-11364,
206 - Witness II, PT. p. 7137.
207 - Witness II, PT pp. 7247-7248, 7249-7250.
208 - P464. The witness denied some of what was said in this interview but not this particular fact.
209 - Prosecutor’s Brief, book 1, p. 68, para. 5.76.
210 - P275; Witness Ashdown, PT pp. 7330-7331.
211 - Witness Ashdown, PT p. 7331.
212 - Witness Ashdown, PT p. 7332.
213 - Witness Ashdown, PT, pp. 7349, 7351. Although the Defence attempted to make it seem that Tudjman’s statements to the witness were merely words said after a few drinks, the Trial Chamber considers that the testimony of the witness is totally credible and coherent in all respects even when what the Defence raised is taken into account. Nor can there be any doubt as to what the partition of territory between Croatia and Serbia as shown in the sketch drawn by President Tudjman represents.
214 - Submissions, PT pp. 25245-25246.
215 - Witness P, PT p. 4700.
216 - Witness HH, PT pp. 6884-6887.
217 - Witness HH, PT pp. 6774-6775.
218 - Witness Vulliamy, PT pp. 8496-8497.
219 - Witness Vulliamy, PT pp. 7769-7770. The Defence concedes that some of the leaders of Croatia and the Croatian Community of Herceg-Bosna had common aspirations. See Defence Brief, p. 32.
220 - P406/2 (emphasis in document in the original language); document signed by Jozo Maric, Dario Kordic and Mate Boban.
221 - P406/4 (emphasis added); among the participants put forward for this meeting was the name of "Dario Kordic, head of the Crisis Committee for Central Bosnia, vice-president of the HZ /Croatian Community of/ Herceg-Bosna".
222 - P406/5. In this document signed by President Tudjman on 7 April 1992, the Republic of Croatia "recognises the independent and sovereign socialist Republic of Bosnia and Herzegovina as a State of three constituent nations" (emphasis added).
223 - P457; P38/1
224 - P406/6.
225 - P406/11.
226 - P406/16.
227 - P406/20; witness Degan, PT p. 16180.
228 - Witness Blaskic, PT p. 17914.
229 - P406/79; P406/80.
230 - Witness DX, PT pp. 20002: "The HVO was monitored or controlled by Zagreb, and so the political leadership in Zagreb appointed [the] leadership of the HVO". See also PT pp. 20030-20031.
231 - Witness II, PT p. 7112.
232 - Witness Domazet, PT pp. 11607-11608.
233 - Witness II, PT p. 7173. This witness stated that Ivan Tolj, a member of the Croatian Parliament "was a general of both armies" and that along with other "members of the Croat Parliament [who went] to Bosnia and Herzegovina [and] to Herceg-Bosna [was] photographed there wearing HVO uniforms, while at the same time being members of the Croat Parliament. Those same people in the Croat Parliament are satanising, to the limit of the permissible, the Muslims and their right to defend Bosnia and Herzegovina" (PT p. 7283).
234 - Witness Domazet, PT p. 11583.
235 - Prosecutor’s Brief, book 1, p. 159, para. 6.70; P586, P587.
236 - Witness II, PT p. 7162.
237 - Witness DX, PT pp. 19933-19934. Cf. also P406/61; The ABiH granted a request from the ICRC to return a captured soldier to the HVO so that he could then be returned to the HV.
238 - Witness II, PT pp. 7115-7116, 7295-7296.
239 - Witness II, PT pp. 7112-7113, 7115-7116.
240 - See supra para. 110.
241 - P406/2. Translated from the French: "mieux se préparer militairement à la lutte contre toutes ces forces qui tentent d’entraver l’inévitable processus de création d’un Etat croate libre" (emphasised in the original).
242 - "Oftentimes the operations of the Croat army were co-ordinated with those of the HVO", Witness II, PT pp. 7294-7296. See also the authorisation for publishing a collective work to which Tihomir Blaskic contributed entitled Offensives and Operations of the HV and HVO, P406/112.
243 - P583; Prosecutor’s Brief, book 1, p. 160, para. 6.75.
244 - P584.
245 - P502b (bis).
246 - Prosecutor’s Brief, book 1, p. 160, para. 6.76.
247 - Prosecutor’s Brief, book 1, p. 163, para. 6.85.
248 - P741, p. 1.
249 - Witness II, PT p. 7168. For example, the HDZ leadership in the municipality of Bugojno used 540,000 DM made available to it in a Viennese bank by the Ministry of Finance of the Republic of Croatia to move the equipment necessary for its defence (P406/3; document dated 3 March 1992).
250 - P406/1: supply of petrol; P406/89: vehicles; P406/25: order of the accused dated 19 September 1992 regarding the movement of arms, munitions and military equipment to and from Croatia.
251 - Witness DX, PT pp. 20004-20005.
252 - P558 (under seal), Prosecutor’s Brief, book 1, p. 170, para. 6.104.
253 - P406/23: order of the accused for reconnaissance group to undergo 10-day training in Croatia as "specific tasks are to be carried out" dated 24 July 1992.
254 - Tadic Appeal Judgement, para. 140.
255 - Tadic Appeal Judgement, para. 166.
256 - Tadic Appeal Judgement, para. 166. Cf. also the Celebici Judgement, in which the Trial Chamber concluded as follows: "The provisions of domestic legislation and citizenship in a situation of violent State succession cannot be determinative of the protected status of persons caught up in conflicts which ensue from such events" (para. 263). The Trial Chamber continued by concluding that since the victims of the alleged acts had been arrested and detained principally on the basis of their ethnicity, they should be regarded as protected persons within the meaning of the Fourth Geneva Convention "as they were clearly regarded by the Bosnian authorities as belonging to the opposing party in an armed conflict and as posing a threat to the Bosnian State" (para. 265).
257 - Prosecutor’s Brief, book 1, pp. 151-154, paras. 6.48-6.60.
258 - Witness Bilandzic, PT pp. 11281-11282.
259 - Witness Bilandzic, PT pp. 11452-11456.
260 - Prosecutor’s Brief, book 1, p. 8, para. 3.10.
261 - P406/5.
262 - P765.
263 - Agreement of 21 July 1992, para. 7 (D572).
264 - Witness II, PT pp. 7156-7158.
265 - Witness II, PT pp. 7156-7158
266 - P406/66, P406/72, P406/75, P406/80, P406/82.
267 - P741, p. 6.
268 - P406/5 (emphasis added).
269 - P24 (emphasis added).
270 - P741, p. 5.
271 - Witness DX, PT p. 19953. Cf. also P741.
272 - P545.
273 - P741, p. 1.
274 - Prosecutor’s Brief, book 1, pp. 151-152, on p. 75.
275 - Prosecutor’s Summary, p. 7, para. 1.10.
276 - Witness Degan, PT p. 16169.
277 - Witness Degan, PT p. 16134; D572.
278 - See above P556.
279 - Witness Donia, PT pp. 202-203.
280 - Witness DT, PT pp. 16395-16397.
281 - Witness II, PT p. 7281.
282 - P558 (under seal), Prosecutor’s Brief, book 1, p. 170, para. 6.104.
283 - Witness Vulliamy, PT pp. 7766-7767.
284 - Witness Vulliamy, PT pp. 7768-7769.
285 - Witness Degan, PT p. 16181.
286 - P584.
287 - Witness Vulliamy, PT pp. 8556-8557.
288 - Witness Vulliamy, PT p. 7791 and pp. 8535-8539.
289 - D345, P462.
290 - Commentary, p. 49.
291 - Commentary, p. 49.
292 - Tadic Appeal Judgement, para. 165.
293 - Third Geneva Convention, Article 5.
294 - Prosecutor’s Brief, book 1, p. 156, para. 6.66.
295 - Amended indictment, para. 16.
296 - Commentary, p. 301.
297 - Prosecutor’s Summary, p. 7, para. 1.9.
298 - Review of the indictment pursuant to Rule 61 of the Rules of Procedure and Evidence, The Prosecutor v. Rajic, Case no. IT-95-95-12-R61, 13 September 1996, para. 42.
299 - Hereinafter the "Celebici Trial Chamber".
300 - Celebici Judgement, paras. 512 to 544.
301 - Celebici Judgement, para. 543.
302 - Celebici Judgement, para. 544.
303 - Celebici Judgement, para. 511.
304 - Celebici Judgement, para. 506.
305 - Commentary, p. 601.
306 - Commentary, pp. 600-601.
307 - Defence Brief, pp. 58-59.
308 - See above, II, A.
309 - The Trial Chamber points out that the Prosecution expressly withdrew count 2 insofar as count 12 reproduces the charges therein (Prosecutor’s Summary, para 8.2, p. 59).
310 - Tadic Appeal Decision, para. 137 (emphasis added). Cf. also the Judgement, The Prosecutor v. Anto Furundzija, Case no. IT-95-17/1-T, 10 December 1998 (hereinafter the "Furundzija Judgement"), para. 132.
311 - Reaffirmed in the Tadic Appeal Decision, par. 87; Celebici Judgement, para. 278; and Furundzija Judgement, para. 133.
312 - Prosecutor’s Brief, pp. 168 and 169, paras. 7.7 to 7.12.
313 - Defence Brief, p. 60.
314 - Defence Brief, p. 65.
315 - Defence Brief, pp. 62 and 63
316 - S/25704, 3 May 1993.
317 - Report of the Secretary-General, para. 34.
318 - Report of the Secretary-General, para. 35.
319 - Report of the Secretary-General; paras. 98, 102 and 134 of the Tadic Appeal Decision; paras. 609-611 of the Tadic Judgement and para. 218 in the Nicaragua case.
320 - Celebici Judgement, para. 301.
321 - Akayesu Judgement, para. 608.
322 - Commentary, p. 38: "With Common Article 3 representing, as it does, the minimum which must be applied in the least determinate of conflicts, its terms must a fortiori be respected in the case of international conflicts proper, when all the provisions of the Convention are applicable". Cf. also the Akayesu Judgement, para. 601; the Tadic Appeal Decision, para. 102; Nicaragua case, para. 218.
323 - Report of the Secretary-General, paras. 41-44; Tadic Appeal Decision, para. 86.
324 - Tadic Appeal Decision, para. 87; Celebici Judgement, para. 298.
325 - Report of the Secretary-General, para. 43.
326 - Report of the Secretary-General, para. 34.
327 - Tadic Appeal Decision, para. 143.
328 - Prosecutor’s Brief, p. 167, para. 7.4.
329 - P786, para. 2.5.
330 - "This Protocol [...] shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) …".
331 - Prosecutor’s Brief, pp. 171-173, paras. 7.24-7.32.
332 - Defence Brief, p. 61.
333 - Ed. 1990, Articles 142 and 143.
334 - Subject to certain amendments.
335 - Celebici Judgement, para. 312.
336 - Tadic Appeal Decision, para. 134. In this instance, the position is supported by the Prosecution (Prosecutor’s Brief, p. 170, para. 7.17).
337 - Counts 6, 9, 16, 18 and 20.
338 - Having set out above that the violations must have been committed within the context of an armed conflict and that there is a close nexus between them and the said conflict.
339 - Tadic Judgement, para. 615.
340 - Prosecutor’s Brief, pp. 35-36, paras. 4.33-4.36.
341 - Prosecutor’s Summary, annex 1, pp. 1-2.
342 - As decided by the Trial Chamber in the Celebici Judgement, para. 422.
343 - Celebici Judgement, paras. 590-591.
344 - PT, submission, p. 25290; Defence Brief, p. 68.
345 - Celebici Judgement, para. 552.
346 - Commentary, p. 229.
347 - Commentary, p. 230.
348 - Annex to the Agreement for the Prosecution and Punishment of Major War Criminals of the European Axis, signed in London on 8 August 1945, 85 "Recueil des traités des Nations Unies /United Nations Treaty Series/", (p. 251 in the French /no English version has been locatable/).
349 - Prosecutor’s Brief, book 1, paras. 5.10–5.20.
350 - Ibid., para. 5.4.
351 - Ibid., paras. 5.6–5.9.
352 - Ibid., paras. 5.10–5.11.
353 - Ibid., paras. 5.13–5.16.
354 - Ibid., paras. 5.13–5.16.
355 - Ibid., para. 5.14.
356 - Ibid., para. 5.269.
357 - Ibid., para. 5.267.
358 - Ibid., para. 5.267.
359 - Ibid., para. 5.4 and paras. 5.278–5.282.
360 - Ibid., paras. 5.283–5.284.
361 - Prosecutor’s Brief, book 3, para. 2.16.
362 - Ibid., paras. 2.2–2.13.
363 - Defence Brief, book 2, E, pp. 75-77.
364 - Ibid., pp. 77-78.
365 - Ibid., pp. 74-75.
366 - Ibid., p. 75.
367 - Ibid., pp. 78-80.
368 - Ibid., p. 80.
369 - Ibid., pp. 81-84.
370 - The customary character of the provisions of Article 5 of the Statute and of the individual criminal responsibility of the perpetrators of crimes against humanity has been recognised by the Trial Chamber Judges in the Tadic Judgement (para. 623) and the Tadic Appeal Decision (para. 141). In the assessment of the Appeals Judges, "There is no question, however, that the definition of crimes against humanity adopted by the Security Council in Article 5 comports with the principle of nullum crimen sine lege". The Trial Chamber itself noted that "[...] since the Nürnberg Charter, the customary status of the prohibition against crimes against humanity [...] ha[s] not been seriously questioned".
371 - According to the report of the International Law Commission (hereinafter the "ILC") on the work of its 43rd session "each of the subparagraphs concerning the criminal acts should be read in conjunction with the chapeau of the article, under which they are a crime only if they constitute systematic or mass violations of human rights" (emphasis added) (Report of the ILC on the work of its 43rd session, 29 April – 19 July 1991, supplement no. 10 (A/46/10) (hereinafter the "1991 ILC Report"), p. 266).
372 - Report of the ILC on the work of its 46th session, 2 May – 22 July 1994, supplement no. 10 (A/49/10) (hereinafter the "1994 ILC Report"), p. 76.
373 - Tadic Appeal Judgement, para. 248. The Appeal Judges maintained that "[...] it may be inferred from the words "directed against any civilian population" in Article 5 of the Statute that the acts of the accused must comprise part of a pattern of widespread and systematic crimes directed against a civilian population and that the accused must have known that his acts fit into such a pattern".
374 - Article 3 of the Statute of the ICTR characterises inhumane acts "committed as part of a widespread or systematic attack against any civilian population" as crimes against humanity (emphasis added).
375 - Within the terms of Article 7 of the Statute of the International Criminal Court (PCMICC/1999/INF/3), a crime against humanity means "any of the following acts when committed as part of a widespread or systematic attack directed against any population, with knowledge of the attack" (emphasis added).
376 - Tadic Judgement, para. 648. According to the Judgement "It is therefore the desire to exclude isolated or random acts from the notion of crimes of humanity that led to the inclusion of the requirement that the acts must be directed against a civilian "population", and either a finding or widespreadness, which refers to the number of victims, or systematicity, indicating that a pattern or methodical plan is evident, fulfils this requirement".
377 - Akayesu Judgement, paras. 579-581. Paragraph 579 commences with the affirmation: "The Chamber considers that it is a prerequisite that the act must be committed as part of a widespread or systematic attack and not just a random act of violence" (emphasis added).
378 - Kayishema-Ruzindana Judgement, para. 123.
379 - The case-law of both this Tribunal, in the Tadic Judgement, (para. 648), and the ICTR, in the Akayesu (para. 580) and Kayishema-Ruzindana Judgements (para. 123), refer to the plan or policy in order to define the element of "systematicity". In the case The Prosecutor v. Menten the Dutch Supreme Court evoked the condition of "systematicity" in reference particularly to a policy consciously directed against a group of persons (75, International Law Report, (hereinafter the "ILR"), 1987, pp. 362-363): "The concept of crimes against humanity also requires – although this is not expressed in so many words in the [...] definition – that the crimes in question form part of a system based on terror or constitute a link in a consciously pursued policy directed against particular groups of people" (emphasis added).
380 - According to the Report of the ILC on the work of its 48th session, the term systematic means "pursuant to a preconceived plan or policy. The implementation of this plan or policy could result in the repeated or continuous commission of inhumane acts" (emphasis added) (Report of the ILC on the work of its 48th session, 6 May – 26 July 1996, supplement no. 10 (A/51/10) (hereinafter the "1996 ILC Report"), p. 94). This definition is in keeping with the preceding work of the ILC and, in particular, that of its 43rd session which created the offence of "Systematic or mass violations of human rights" under Article 21 and which stated that the systematic characteristic related to a "constant practice or to a methodical plan to carry out [...] violations of human rights" (emphasis added) (1991 ILC Report, p. 266).
381 - In the Akayesu Judgement, the Judges referred to the concerted policy and use of "substantial public or private resources" to characterise the systematic nature (para. 580).
382 - Cf. especially, the Tadic Judgement, para. 653.
383 - Review of the Indictments Pursuant to Article 61 of the Rules of Procedure and Evidence, The Prosecutor v. Radovan Karadzic and Ratko Mladic, Case no. IT-95-5-R61, 11 July 1996, (hereinafter "Article 61 Karadzic and Mladic"), para. 43; Review of the Indictment Pursuant to Article 61 of the Rules of Procedure and Evidence, The Prosecutor v. Dragan Nikolic, Case no. IT-94-2-R61, 20 October 1995, (hereinafter "Article 61 Nikolic"), para. 27; Review of the Indictment Pursuant to Article 61 of the Rules of Procedure and Evidence, The Prosecutor v. Milan Martic, Case no. IT-95-11-R61, 8 March 1996, para. 27.
384 - Article 61 Nikolic, para. 26 and Tadic Judgement, para. 654. According to the Judgement "As the first international tribunal to consider charges of crimes against humanity alleged to have occurred after the Second World War, the International Tribunal is not bound by past doctrine but must apply customary international law as it stood at the time of the offences. In this regard the law in relation to crimes against humanity has developed to take into account forces which, although not those of a legitimate government, have de facto control over, or are able to move freely within, defined territory" (emphasis added).
385 - Kayishema-Ruzindana Judgement, para. 126 and Akayesu Judgement, para. 580. Within the terms of the Akayesu Judgement "There is no requirement that this policy must be adopted formally as the policy of a state."
386 - J.Graven, "Les crimes contre l’humanité", Recueil des cours de l’Académie de droit international, 1950, p. 566. Translated from the French: "… acte de souveraineté criminel…".
387 - 1991 ILC Report, p. 266.
388 - Vol. 78, ILR, 1988, p. 147.
389 - 1996 ILC Report, p. 93 (emphasis added).
390 - Article 7(1)(a) of the Statute of the International Criminal Court (emphasis added).
391 - The term "directed" appears to refer more to the intention of the perpetrator of the crime to commit a massive or widespread crime than the physical result of his action.
392 - 1996 ILC Report, pp. 94-95.
393 - Ibid. p. 95.
394 - Review of the Indictment Pursuant to Article 61 of the Rules of Procedure and Evidence, The Prosecutor v. Mile Mrksic, Miroslav Radic and Veselin Sljivancanin, Case no. IT-95-13-R61, 3 April 1996, (hereinafter "Article 61 Mrksic, Radic and Sljivancanin") para. 30.
395 - Tadic Judgement, paras. 646-647
396 - Akayesu Judgement, para. 579.
397 - Kayishema-Ruzindana Judgement, para 123.
398 - Report of the Secretary-General, para 48.
399 - Article 7(1) of the Statute of the International Criminal Court.
400 - Cf. 1996 ILC Report, pp. 94-95: "The opening clause of this definition [of crimes against humanity] establishes the two general conditions which must be met for one of the prohibited acts to qualify as a crime against humanity covered by the present Code. The first condition requires that the act was "committed in a systematic manner or on a large scale". This condition consists of two alternative requirements … Consequently, an act could constitute a crime against humanity if either of these conditions is met" (emphasis added).
401 - The term "directed" indicates that international legislation seems to have placed more importance on the intention of the agent responsible for the widespread or systematic attack than on the physical result of the attack. In other words, if it is demonstrated that the perpetrator of the acts of violence had the primary intention of inflicting injury upon a civilian population, he could be found guilty of a crime against humanity even if the attack caused military casualties as well as civilian victims.
402 - Akayesu Judgement, para. 582.
403 - Article 61 Mrksic, Radic and Sljivancanin, paras. 29-32.
404 - Tadic Judgement, paras. 636-647.
405 - The Supreme Court in the British zone broadly interpreted Law No. 10 by accepting that the characterisation of crime against humanity was applicable to acts whose victims were soldiers (cf. inter alia the case P et al., 7 December 1948 (S. Sts 111/148), O.G.H. br. Z. I, p. 228 and the case H, 10 October 1949, (S. Sts 309/49) O.G.H. br. Z. II, pp. 223-238). As stated by the Appeals Chamber in the Tadic Appeal Judgement, "the [...] court gave a very liberal interpretation to the notion of crimes against humanity as laid down in Control Council Law No. 10, extending it among other things to inhumane acts committed against members of the military" (Tadic Appeal Judgement, note 351).
406 - Tadic Judgement, para. 639.
407 - Akayesu Judgement, para. 582.
408 - Kayishema-Ruzindana Judgement, para. 128.
409 - Judgement, The Prosecutor v. Kupreskic, case no. IT-95-16-T, 14 January 2000 (hereinafter the "Kupreskic Judgement, para. 549.
410 - Barbie Case, Cass. Crim., 20 December 1985.
411 - Article 212-2 of the French Criminal Code.
412 - Final Report of the Commission of Experts established pursuant to Security Council resolution 780 (1992), S/1994/674, (hereinafter the "Final Report of the Commission of Experts") para. 78.
413 - Second amended indictment, counts 1, 7 and 10.
414 - According to Article 221-3 of the French Criminal Code, an "assassinat" means a premeditated murder - "meurtre commis avec prémeditation".
415 - 1996 ILC Report, p. 93.
416 - Akayesu Judgement. para. 588.
417 - According to the ILC, "Murder is a crime that is clearly understood and well defined in the national law of every State. This prohibited act does not require any further explanation" (1996 ILC Report, p. 96).
418 - Akayesu Judgement, para. 589.
419 - Second amended indictment, paras. 6.2, 6.5 and 6.7.
420 - Ibid., para. 6.5.
421 - Ibid., para. 6.5.
422 - Ibid., paras. 6.4 and 6.5.
423 - Ibid., paras. 6.6 and 6.7.
424 - Ibid., para. 6.3.
425 - Ibid., para. 5.2.
426 - The Universal Declaration of Human Rights was passed by the United Nations Security Council on 10 December 1948.
427 - Law Reports of Trials of War Criminals, London, H.M.S.O., 1946-1949, (hereinafter the "LRTWC"), vol. XV, p. 41.
428 - Trial of Major War Criminals before the International Military Tribunal, Nürnberg, 14 November 1945 – 1 October 1946, Judgement, 1947 (hereinafter the "Nürnberg Judgement"), pp. 249-253.
429 - Ibid., p. 249 (emphasis added).
430 - Ibid., p. 250.
431 - Ibid., p. 252. (emphasis added)
432 - Ibid., p. 271.
433 - Ibid., pp. 297-298. (emphasis added)
434 - Ibid., pp. 339-340. (emphasis added)
435 - LRTWC, vol. XIII, 1949, p. 105.
436 - LRTWC, vol. XIV, 1949, p. 141.
437 - Eichmann Case, 29 May 1962, 36, ILR, 1968, count 5, p. 277.
438 - 1996 ILC Report, p. 98 (emphasis added).
439 - Kupreskic Judgement, paras. 600 and 615.
440 - Second amended indictment, para. 6.3.
441 - Nürnberg Judgement, p. 248.
442 - Ibid., p. 248.
443 - Ibid., p. 281.
444 - Ibid., p. 282.
445 - Ibid., p. 282.
446 - Ibid., p. 295.
447 - Ibid., p. 302.
448 - In the cases Flick (Trials of War Criminals (hereinafter "TWC"), vol VI, pp. 1215-1216) and Farben (TWC, vol VIII, part 2, pp. 1129-1130), the Judgements of the American military tribunals refused to have crimes against property characterised as crimes against humanity.
449 - Ibid., p. 676.
450 - Ibid., p. 678.
451 - According to the Jerusalem District Court: "With the rise of Hitler to power, the persecution of Jews became official policy and assumed the quasi-legal form of laws and regulations published by the government of the Reich in accordance with legislative powers delegated to it by the Reichstag on March 24, 1933 and of direct acts of violence organised by the regime against the persons and property of Jews. The purpose of these acts carried out in the first stage was to deprive the Jews of citizens rights, to degrade them and strike fear into their hearts, to separate them from the rest of the inhabitants, to oust them from the economic and cultural life of the State and to close to them the source of livelihood" (emphasis added) (District Court Judgment, Eichmann case, 36 ILR, 1968, para. 56.
452 - Ibid., para. 57.
453 - Ibid.. para. 57.
454 - 1996 ILC Report, p. 98.
455 - 1991 ILC Report, p. 268.
456 - Kupreskic Judgement, para. 615.
457 - Cf. inter alia paragraphs 2(d) of the Statute, 6(b) of the Statute of the Nuremberg Tribunal and 2(1)(b) of Law No. 10 and Articles 50 of Protocol I, 51 of Protocol II and 147 of the Ist Geneva Convention and the Celebici Judgement, paras. 584-592.
458 - Cf. inter alia Articles 50 of Protocol I, 51 of Protocol II and 147 of the IVth Geneva Convention.
459 - Ibid.
460 - Article 7(2)(d) of the Statute of the International Criminal Court (Cf. in particular the 1996 ILC Report, pp. 100-101).
461 - As affirmed by Trial Chamber II in the case Kupreskic et al, it is the discrimination which distinguishes persecution from the other crimes (Kupreskic Judgement, para. 607)
462 - Cf. (b) The Mens rea.
463 - Tadic Judgement, para. 714.
464 - Jean Pictet, Commentary on the Ist Geneva Convention of 12 August 1949, Geneva, 1952, p. 54.
465 - Second amended indictment, para. 9.
466 - Kayishema-Ruzindana Judgement, para 151.
467 - Emphasis added.
468 - Emphasis added.
469 - ILC 1996 Report, p. 103.
470 - According to the Tadic Appeal Judgement "Article 7(1) of the Statute of the International Criminal Court thus articulates a definition of crimes against humanity based solely upon the interplay between the mens rea of the defendant and the existence of a widespread or systematic attack directed against a civilian population" (note 354).
471 - Tadic Judgement, para. 656.
472 - Regina v. Finta, (1994) 1, Recueil de la Cour Suprême, 701, p. 819.
473 - Kayishema-Ruzindana Judgement, para. 133.
474 - Ibid. para. 134. (emphasis added)
475 - Tadic Appeal Judgement, para. 248. (emphasis added)
476 - Papon case, Cass. Crim., 23 January 1997.
477 - Tadic Judgement, para. 656.
478 - Kayishema-Ruzindana Judgement, para. 133.
479 - Tadic Appeal Judgement, para. 248.
480 - C. Hennau, J. Verhaegen, Droit pénal général, Brussels, 1991, p. 270. Translated from the French: "l’agent recherche la réalisation du fait incriminé dont il fait son objectif".
481 - Ibid., p. 271.
482 - J. Pradel, Droit pénal général, 11th edition, 1997, no. 471. Translated from the French: "le résultat n’est qu’une conséquence probable ou possible, envisagé par l’auteur".
483 - F. Desportes, F. Le Gunehec, Le nouveau droit pénal, Economica, Paris, 1996, p. 384. Translated from the French: "de la personne qui prend un risque de façon délibérée, tout en espérant que ce risque ne provoque aucun dommage".
484 - Papon case, Cass. Crim., 23 January 1997. Translated from the French: "SlCe dernier alinéa de l’article 6 du statut du tribunal militaire international [...] n’exige pas que le complice de crimes contre l’humanité ait adhéré à la politique d’hégémonie idéologique des auteurs principaux [...]".
485 - Article 61 Karadzic and Mladic, para. 94. According to the Trial Chamber, the specific intention of a crime of genocide may "be inferred from a certain number of facts such as the general political doctrine which gave rise to the acts possibly covered by the definition in Article 4, or the repetition of destructive or discriminatory acts. The intent may also be inferred from the perpetration of acts which violate, or which the perpetrators themselves consider to violate, the very foundation of the group – acts which are not in themselves covered by the list in Article 4(2) but which are committed as part of the same pattern of conduct".
486 - Akayesu Judgement, paras. 523-524.
487 - Tadic Judgement, para. 657. According to the Trial Chamber "SwChile knowledge is thus required, it is examined on an objective level and factually can be implied from the circumstances" (emphasis added) (cf. also case no. 38, Annual Digest and Reports of Public International Law Cases for the Year 1947, London, 1951, pp. 100-101).
488 - Tadic Appeal Judgement, paras. 273-305.
489 - Celebici Judgement, para. 319.
490 - Ibid., para. 321.
491 - Tadic Judgement, para. 669; Celebici Judgement, para. 321.
492 - Prosecutor’s Brief, Part XI, para. 1.1.
493 - Ibid., paras. 1.3-1.14.
494 - Ibid., paras. 1.15-1.19.
495 - Ibid., paras. 1.20-1.25.
496 - Ibid., paras. 1.26-1.28.
497 - And by reference, "complicity".
498 - Prosecutor’s Brief, Part XI, paras. 1.29-1.44.
499 - Ibid., paras. 1.45-1.49.
500 - Defence Brief, p. 37.
501 - Id.
502 - Ibid., p. 38.
503 - Tadic Judgement; Akayesu Judgement; Celebici Judgement; Furundzija Judgement.
504 - Akayesu Judgement, para. 480.
505 - Ibid, para. 482.
506 - The Concise Oxford Dictionary, 10th edition (1999), p. 734.
507 - Akayesu Judgement, para. 483.
508 - As to criminal responsibility of commanders for passing on criminal orders, the Trial Chamber notes the High Command case in which the military tribunal considered that "to find a field commander criminally responsible for the transmittal of such an order, he must have passed the order to the chain of command and the order must be one that is criminal upon its face, or one which he is shown to have known was criminal" (U.S.A. v. Wilhelm von Leeb et al., in Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No. 10, (hereinafter the "Trials of War Criminals") Vol. XI, p. 511)
509 - Furundzija Judgement, para. 249.
510 - The Trial Chamber notes that in the Akayesu Judgement, the Trial Chamber distinguished between, on the one hand, aiding and, on the other, abetting, as constituting two different heads of individual criminal responsibility. The Akayesu Trial Chamber held that whereas the prior means giving assistance, the latter entails the facilitation of an act by being sympathetic thereto. See Akayesu Judgement, para. 484. In this respect, the Trial Chamber further takes note of Article 25(3)(c) of the Statute of the International Criminal Court, where aiding and abetting appear to be considered two separate forms of assistance to the commission of a crime. Likewise, the 1996 ILC Report, p. 24.
511 - Tadic Judgement, para. 686; Celebici Judgement, para. 842; Akayesu Judgement, para. 705.
512 - Judgement, The Prosecutor v. Zlatko Aleksovski, Case no. IT-95-14/1-T, 25 June 1999, (hereinafter the "Aleksovski Judgement"), para. 65; Akayesu Judgement, para. 693.
513 - Furundzija Judgement, para. 233; Aleksovski Judgement, para. 61.
514 - Aleksovski Judgement, para. 62.
515 - The Trial Chamber takes note of Article 30 ("mental element"), paragraph 1, of the Rome Statute of the International Criminal Court, which applies to any form of criminal responsibility under that Statute: "Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge" (emphasis added).
516 - Defence Brief, p. 37. In fact, this also appears to be the Prosecution’s view: "If the aider and abettor is aware that one of a number of crimes will probably be committed, and one of those crimes is in fact committed, he or she has intended to facilitate the commission of that crime" (Prosecutor’s Brief, Part XI, para. 1.46 (emphasis added))
517 - In Tadic it was held that "intent […] involves awareness of the act of participation coupled with a conscious decision to participate by planning, instigating, ordering, committing, or otherwise aiding and abetting in the commission of a crime" (Tadic Judgement, para. 674). This was corroborated in the Celebici Judgement, para. 326, and the Aleksovski Judgement, para. 61.
518 - Furundzija Judgement, para. 246.
519 - Cf. Tadic Appeal Judgement, paras. 178-229.
520 - Celebici Judgement, para. 343. Corroborated in the Kayishema-Ruzindana Judgement, para. 209.
521 - Prosecutor’s Brief, Part XIII, p. 125.
522 - Defence Brief, p. 37-38.
523 - Ibid., p. 38 and p. 45.
524 - Celebici Judgement, para. 346; Aleksovski Judgement, para. 69.
525 - Prosecutor’s Brief, Part XIII, paras. 1.1-1.12.
526 - Defence Brief, p. 42-44.
527 - Celebici Judgement, para. 370.
528 - Ibid., para. 364-378.
529 - Ibid., para. 378.
530 - The Trial Chamber takes notice of Article 28(1) of the Rome Statute of the International Criminal Court, which limits a military commander’s criminal responsibility to crimes which are about to be or which are being committed by "forces under his or her effective command and control".
531 - Celebici Judgement, para. 395: "a superior may only be held criminally responsible for failing to take such measures that are within his powers" (emphasis added). Likewise, Article 86(2) of Additional Protocol I refers to superiors and "feasible measures within their power to prevent or repress" (emphasis added).
532 - Aleksovski Judgement, para. 78, concerning reporting to the appropriate authorities the commission of crimes.
533 - Ibid., para. 106.
534 - Prosecutor’s Brief, Part XIII, paras. 2.2-2.3; Defence Brief, p. 39.
535 - Prosecutor’s Brief, Part XIII, paras. 2.4-2.15.
536 - Defence Brief, p. 39-42.
537 - Celebici Judgement, para. 386. The Trial Chamber notes that in the submission of the Defence, the Prosecution at some stage during the trial argued that knowledge may be presumed in certain circumstances, a position which the Defence opposes. Defence Brief, p. 41-42.
538 - Final Report of the Commission of Experts, para. 58; Celebici Judgement, para. 386.
539 - Aleksovski Judgement, para. 80.
540 - Celebici Judgement, para. 388 (omitted). See also Celebici Judgement, para. 389.
541 - 1992.
542 - Celebici Judgement, para. 390.
543 - Ibid., para. 393.
544 - Id.
545 - Prosecutor’s Brief, Part XIII, paras. 2.9-2.14.
546 - Defence Brief, p. 39-41.
547 - Tokyo Trial Official Transcript, p. 48,444-48,445 (emphasis added).
548 - Ibid., p. 48,446 (emphasis added).
549 - U.S.A. v. Soemu Toyoda (emphasis added), Official Transcript of Record of Trial, p. 5006. The President of the Tribunal summarised the charges against Admiral Toyoda as follows: "He is charged with violation of the laws and customs of war whilst holding the appointments of Commander-in-Chief of the Yokosuka Naval District, the Combined Fleet, the Combined Naval Forces, the Naval Escort Command as well as when Chief of the Naval General Staff, all these appointments being held for varying periods of time between the 21st of May, 1943, until shortly after the conclusion of the Pacific War" (Toyoda case, Official Transcript of Record of Trial, p. 5008).
550 - U.S.A. v. Oswald Pohl et al., in Trials of War Criminals, Vol. V, p. 1055 (emphasis added).
551 - Ibid., p. 1053. Further on, the tribunal referred to "the wholesale suffering of which he could not but be aware". Ibid., p. 1054.
552 - General Tribunal of the Military Government of the French Zone of Occupation in Germany, Judgement Rendered on 30 June 1948 in the Case versus Hermann Roechling and Others Charged With Crimes Against Peace, War Crimes and Crimes Against Humanity, in Trials of War Criminals, Vol. XIV, Appendix B, p. 1088 (emphasis added).
553 - Superior Military Government Court of the French Occupation Zone in Germany, Judgement of 25 January 1949 in the Case Versus Hermann Roechling and Others Charged with Crimes Against Peace, War Crimes, and Crimes Against Humanity. Decision on Writ of Appeal Against the Judgement of 30 June 1948, in Trials of War Criminals, Vol. XIV, Appendix B, p. 1106 (emphasis added).
554 - U.S.A. v. Wilhelm List et al., in Trials of War Criminals, Vol. XI, p. 1271 (emphasis added).
555 - Ibid.; U.S.A. v. Wilhelm von Leeb et al., in Trials of War Criminals, Vol. XI, p. 603.
556 - U.S.A. v. Wilhelm von Leeb et al., in Trials of War Criminals, Vol. XI, p. 543-544.
557 - W. H. Parks, Command Responsibility for War Crimes, 62 Mil. L. Rev. 1 (1973) (hereinafter "Parks"), p. 90.
558 - U.S. Department of Army, Field Manual No. 27-10, Law of Land Warfare, para. 501 (1956), cited in Parks p. 95. The British Manual of Military Law employs exactly the same wording. Cf. Great Britain War Office, The Law of War on Land: Being Part 3 of the Manual of Military Law, para. 631 (1958), cited in: L.C. Green, Command Responsibility in International Humanitarian Law, 5 Transnt’l L & Contp Prbs 319, p. 343 (1995).
559 - Emphasis added.
560 - Pursuant to Article 102 of Additional Protocol I, the two texts are equally authentic.
561 - This Article was preceded by virtually identical provisions in Article 1 of the 1907 Regulations Respecting the Laws and Customs of War on Land, and in Article 4A(2) of the Third Geneva Convention of 1949.
562 - Y. Sandoz et al. (eds.), Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949 (1986) (hereinafter the "Protocol Commentary"), para. 3545, p. 1014.
563 - Id.
564 - Ibid., para. 3541, p. 1011.
565 - Ibid., para. 3560, p. 1022.
566 - Final Report of the Commission of Experts, para. 59.
567 - Final Report of the Commission of Experts, para. 58.
568 - Final Report of the Commission of Inquiry into the Events at the Refugee Camps in Beirut, February 7, 1983 (authorised translation) (hereinafter "Kahan Report"), reproduced in 22 International Legal Materials 473-520 (1983). Although the Commission was not a criminal court, its membership justifies attributing considerable weight to its findings. The Commission members were: Yitzhak Kahan, President of the Supreme Court, Commission Chairman; Aharon Barak, Justice of the Supreme Court; and Yona Efrat, Major General (Res.), Israel Defense Forces.
569 - Kahan Report, p. 35.
570 - Kahan Report, p. 35 and 37.
571 - Prosecutor’s Brief, Part XIII, paras. 3.1-3.16.
572 - Defence Brief, p. 44-45.
573 - Likewise, Celebici Judgement, para. 395; Kayishema-Ruzindana Judgement, para. 229-231; Aleksovski Judgement, para. 81.
574 - Prosecutor’s Brief, Part XIII, paras. 4.1-4.3.
575 - Cited in the Celebici Judgement, para. 341 (emphasis added).
576 - The Celebici Trial Chamber held that such a causal connection is "not only possible but likely" to exist. Celebici Judgement, para. 400.
577 - Ibid., para. 399.
578 - P584
579 - Witness Djidic, PT of 25 July 1997, p. 1036.
580 - Witness Mujezinovic, PT of 20 August 1997, pp. 1631-1633.
581 - Witness Djidic, PT of 25 July 1997, pp. 1037-1038.
582 - Witness Djidic, PT of 28 July 1997, pp. 1164-1165; Witness Mujezinovic, PT of 20 August 1997, pp. 1637-1639.
583 - Witness Mujezinovic, PT of 20 August 1997, pp. 1650-1652.
584 - Witness Mujezinovic, PT of 20 August 1997, pp. 1642-1646.
585 - Witness Mujezinovic, PT of 20 August 1997, pp. 1646-1647. According to the statement of Witness Djidic, "with the formation of the Croatian Community of Herceg-Bosna, the Croats placed flags on all institutions and factories and even private homes, flags which were those of a neighbouring state, that is the Republic of Croatia, that is the national flag, as if no-one else lived in Vitez except the Croats ", PT of 25 July 1997, p. 1039.
586 - Witness Mujezinovic, PT of 20 August 1997, pp. 1654-1660.
587 - That front fell to the Serbs on 28 October 1992 (Witness Blaškic, PT p. 21323).
588 - See especially the report sent by General Blaskic on 20 October 1992 at 20:07 hours and addressed to Mate Boban, Bruno Stojic and Milivoj Petkovic (P644; Witness Blaskic, PT pp. 21339-21340). Controlling Novi Travnik was of particular strategic interest because that town had a military factory (the Bratstvo factory) with the necessary equipment for arms production. In accordance with the philosophy of the ex-JNA, each military factory had to have available what was known as "war stocks", which enabled it to be productive for about six months during periods of war (Witness Blaskic, PT pp. 21318-21319). Clashes had already occurred at Novi Travnik between Muslim forces and Croatian forces in June 1992, with a view to gaining control of a petrol station (Witness Blaskic, PT pp. 21344-21345). The Serbian front was about ten kilometres from the town of Novi Travnik (Witness Blaskic, PT pp. 21321-21322).
589 - P647.
590 - Witness Mujezinovic (PT of 21 August 1997 pp. 1743-1744), alleged that the order to put up a roadblock at Ahmici was given orally to Sefkija Djidic by Dzemo Merdan.
591 - Witness HH, PT pp. 6889-6901. This witness, who was of Muslim origin, was a soldier in the HVO from the summer of 1992 to April 1993, after having served in the Croatian Defence Forces under Darko Kraljevic. He was in the Military Police from October 1992 (PT p. 6811).
592 - Witnesses Abdullah Ahmic, PT pp. 2793-2794; Mujezinovic, PT of 21 August 1997 pp. 1743-1744.
593 - Witness Abdullah Ahmic, PT pp. 3800-3801.
594 - Witness Abdullah Ahmic, PT p. 3722.
595 - Witness Blaskic, PT p. 18012.
596 - P647; witness Blaskic, PT pp. 21381-21382.
597 - Witness Abdullah Ahmic, PT p. 3722.
598 - Witness Abdullah Ahmic, PT p. 3722.
599 - Witness Abdullah Ahmic, PT p. 3723.
600 - Witness Abdullah Ahmic, PT p. 3722.
601 - By the name of Halid Pezer. Witness Abdullah Ahmic, PT pp. 3723-3724.
602 - PT pp. 6889-6901. The witness testified that he had heard Cerkez give the following order over the radio: "Go forward and do not take prisoners".
603 - Witness Blaskic, PT p. 18012. According to the Kupreskic judgement, the attack was led by HVO forces from outside Ahmici although a few local Croats also took part (para. 162).
604 - See General Blaskic's report dated 21 October 1992, P647 : "The Muslim forces also surrendered their weapons on their own initiative … since yesterday, the village is under full control of the HVO" (witness Blaskic, PT pp. 21381-21382).
605 - Witness Abdullah Ahmic, PT p. 3725.
606 - PT of 1 October 1997, pp. 3130-3131.
607 - Zume is an area of the town of Santici (Witness Djula Djidic, PT p. 4328).
608 - Witnesses O, PT p. 4500; Haris (Santici), PT p. 4004.
609 - Witness Blaskic, PT p. 21390.
610 - Witness Blaskic, PT p. 18012.
611 - Witness Blaskic, PT pp. 21390-21391.
612 - Witness Blaskic, PT pp. 18060-18061.
613 - Witness Mujezinovic, PT of 20 August 1997, pp. 1661-1662.
614 - P406/45.
615 - Witness Mujezinovic, PT of 20 August 1997, pp. 1662-1663.
616 - P456/95.
617 - Witness FF, PT pp. 6119-6120.
618 - P234. According to Witness FF, "that event was celebrated in the presence of a large number of HDZ members from the entire Lasva region, from virtually all the villages, Kresevo, Kiseljak, Busovaca, Vitez, Novi Travnik, Travnik, Vareš, and so on" (PT pp. 6120-6121) (See also PT pp. 6147-6155).
619 - P234/2.
620 - Witness FF spoke of a putsch or military coup d' état after the HVO had seized the barracks and the weapons (PT p. 6131).
621 - Witness T, PT p. 5763.
622 - P208, para. 1.
623 - P208.
624 - P208, para. 3.
625 - P208, para. 7.
626 - P208, para. 10.
627 - P208, para. 8.
628 - P208.
629 - P208, para. 15.
630 - P208, para. 13.
631 - P208, para. 11. According to witness FF, after this decree was signed, "a curfew [for three days], ban on movement for all citizens, whether Bosniak or Croat in the city of Busovaca" (PT p. 6133).
632 - P209 (emphasis added).
633 - P209 (emphasis added).
634 - Witness T, PT pp. 5764-5765; Witness FF, PT pp. 6134-6136.
635 - Witness FF, PT p. 6191.
636 - Witness FF, PT p. 6134, p. 6161.
637 - Witness FF, PT p. 6161.
638 - Witness FF, PT p. 6162.
639 - Witness FF, PT p. 6134, p. 6161.
640 - P237/1-237/3; witness FF, PT p. 6142; witness T, PT pp. 5764-5765.
641 - Witness FF, PT p. 6137, p. 6159.
642 - Witness FF, PT pp. 6142-6143. Telephone bills were expressed in Croatian Dinars.
643 - Witness FF, PT p. 6163. According to witness FF, HVO soldiers confiscated weapons during the checks they carried out at roadblocks.
644 - Witness FF, PT p. 6163.
645 - Witness T, PT pp. 5766-5767, 5787-5788.
646 - Witness T, PT pp. 5766-5767.
647 - Witness MM, PT p. 8087.
648 - Witness MM, PT p. 8087.
649 - P314, witness MM, PT pp. 8115-8116.
650 - Witness MM, PT p. 8090; witness KK, PT pp. 7917-7918.
651 - P315.
652 - P318, witness MM, PT pp. 8116-8117.
653 - P319, witness MM, PT pp. 8099-8100.
654 - Witness MM, PT pp. 8101-8102, pp. 8117-8118, pp. 8147-8148, pp. 8149-8150.
655 - P321.
656 - P322.
657 - P320.
658 - P323; witness LL, PT pp. 8010-8011; witness MM, PT pp. 8101-8102.
659 - P324; witness KK, PT p. 7912; witness MM, PT p. 8120.
660 - P325; witness MM, PT p. 8120.
661 - Witness KK, PT pp. 7917-7918; witness LL, PT pp. 8010-8011; witness MM, PT pp. 8106-8107.
662 - Witness KK, PT p. 7913; witness LL, PT pp. 8010-8011.
663 - Witness KK, PT pp. 7908-7909; witness MM, PT pp. 8147-8148.
664 - Witness KK, PT pp. 7917-7918.
665 - Witness MM, PT pp. 8147-8148.
666 - Witness MM, PT p. 8096.
667 - P317.
668 - Witness MM, PT pp. 8103-8104.
669 - Witness KK, PT p. 7912.
670 - Witness KK, PT pp. 7916-7918.
671 - P541.
672 - Witness LL, PT pp. 8010-8011 and witness Morsink, PT pp. 9830-9848. According to the testimony of witness Liebert, "[...] radio Kiseljak played a very active role in terms of propaganda for the HVO or HDZ, the Bosnian Croat forces" (PT p. 8757).
673 - Witness WW, PT pp. 9683-9684.
674 - P631.
675 - Witness MM, PT p. 8130.
676 - Witness FF, PT p. 6170.
677 - Witness MM, PT p. 8143.
678 - Witness MM, PT pp. 8136-8137, pp. 8137-8138, pp. 8207-8209.
679 - Witness Christie, PT p. 7853; witness LL, PT pp. 8013-8014.
680 - The Trial Chamber noted moreover that the HVO appropriated the commercial premises of Kiseljak on 25 February 1993 (P451).
681 - Witness KK, PT p. 7912. According to the witness: "[...] as far as the political situation in Kiseljak is concerned, in my opinion, the political leadership of the HDZ as well as the military leadership was one and the same. To me [...] they were the same [...]".
682 - P658. See also P657, P659.
683 - Witness Pezer, PT of 19 August 1997, p. 1576; witness Mujezinovic, PT of 20 August 1997, pp. 1678-1679.
684 - P663.
685 - P671. According to witness T, the purpose of the offensive was to take control of the positions of the army of Bosnia-Herzegovina (PT pp. 5789-5790).
686 - P456/6.
687 - P666.
688 - D250.
689 - Witness T, PT pp. 5766-5768.
690 - P238, P669 and witness FF, PT p. 6139.
691 - P671; witness FF, PT p. 6174.
692 - P671; witness FF, PT p. 6139.
693 - D250.
694 - D250.
695 - P669.
696 - P669.
697 - Witness T, PT pp. 5768-5769.
698 - Witness T, PT pp. 5769-5771.
699 - Witness T, PT pp. 5770-5771.
700 - Witness FF, PT p. 6176.
701 - Witness FF, PT p. 6144, p. 6175.
702 - Witness FF, PT p. 6176.
703 - Witness FF, PT p. 6203.
704 - P671.
705 - Witness Short, PT p. 24239.
706 - Witness Short, PT pp. 24239-24240.
707 - Witness Short, PT p. 24240.
708 - Witness Short, PT pp. 24240-24241.
709 - P591.
710 - Witness FF, PT p. 6137.
711 - Witness FF, PT p. 6143 (emphasis added).
712 - P456/8 and D348.
713 - D408. Franjo Nakic was also General Blaškic's representative at the Joint Committee in Busovaca.
714 - D408 (emphasis added).
715 - D408, emphasis in original text.
716 - P706. For the exact distances between the Hotel Vitez and these villages, see also P79.
717 - P46; P193; witness Kajmovic, PT pp. 5647-5648.
718 - 2173 inhabitants according to the 1991 census, of whom 32% were Muslims and 62% were Croats (same finding as in the Kupreskic judgement, para. 149).
719 - According to the 1991 census (P46), 782 inhabitants out of 1 008 were Croats.
720 - According to the 1991 census (P46), the hamlet of Pirici had 225 inhabitants of whom 110 were Muslim and 98 were Croats.
721 - According to the 1991 census (P46), out of 474 inhabitants recorded in the census as living in Nadioci, 386 were Croats and 42 were Muslims (P46).
722 - 466 inhabitants recorded in the 1991 census (P46).
723 - Report of the Commission on Human Rights, P184, p. 5, para. 13. According to witness Kajmovic, Ahmici had a population of 508 Bosnians in 1991 (PT pp. 5680-5681).
724 - P184, p. 7, para. 20.
725 - All the witnesses agree about the time the attack began.
726 - This village was not mentioned in the indictment.
727 - Witness Blaškic, PT pp. 22052 and 22939-22940.
728 - PT p. 21765. The municipality of Vitez was situated in Province no. 10. Other earlier speeches also implied that this might happen. See in particular P679, a summary of an interview given by Dario Kordic on 13 March 1993, in which he sent the following warning to the Muslim population: "If you attack other municipalities, not only [will there] be no Bosnia–Herzegovina, but there will be no Muslims left".
729 - Witness Mujezinovic, PT of 20 August 1997, p. 1654.
730 - Witnesses Fatima Ahmic, PT pp. 3941-3945 and 3977-3980; Nura Pezer, PT pp. 3883-3884; Sefik Pezer, PT of 20 August 1997 pp. 1557-1558; Haris Hrnjic, PT pp. 4006-4007; M, PT pp. 4416-4417; O, PT p. 4517.
731 - P687.
732 - Witnesses Elvir Ahmic (Ahmici), PT pp. 3245-3246, 3296; Zec, PT pp. 4274-4276, 4320. According to these two witnesses, Croatian children did not go to school on 15 April and the women and children had been taken out of the village by the Croatian men who then returned to the village.
733 - Witness Fatima Ahmic, PT pp. 3987-3988.
734 - Witness S, PT pp. 4878-4879.
735 - Witness Abdullah Ahmic, PT pp. 3806-3807.
736 - Witness M, PT pp. 4400-4401 and P147 no. 1.
737 - The bungalow was also known as the "Swiss chalet".
738 - Witness HH, PT p. 6858.
739 - Witness Stewart, PT p. 23756. That finding was corroborated by witnesses Landry (PT pp. 7508-7509) and Baggesen (PT of 22 August 1997 pp. 1918-1919).
740 - Witness Sefik Pezer, PT of 19 August 1997 pp. 1555-1556.
741 - This refers to two roads, one a mountain road and the other the road through the valley.
742 - Witnesses Landry, PT pp. 7508-7509 and Stewart, PT p. 23860.
743 - See especially the photographs of the rifles used by the hidden marksmen, P82/Z2/469 and p82/Z2/470.
744 - Witnesses Watters, PT pp. 3440-3441; Stewart PT p. 23589; Commission on Human Rights report, P184, para. 15, p. 4.
745 - P184, para. 15, p. 5.
746 - Witnesses Zec, PT p. 4296 (the witness stated that he had a hundred or so soldiers in Ahmici on 16 April); Akhavan, P184 para. 23 p. 6 ("At least 50 and possibly up to 150 soldiers are reported to have been involved in the operation, according to the testimonies gathered"); Stewart, PT p. 23773 (the witness estimated at between 40 and 70 the number of soldiers who took part in the Ahmici massacre). The Defence did not challenge that estimate (Defence Brief, book VI, p. 304).
747 - Witness Thomas, PT of 24 September 1997 p. 2688.
748 - Witness Stewart, PT p. 23861.
749 - Witness Blaškic, PT pp. 19155-19156.
750 - Witnesses Watters, PT p. 3633; Akhavan, PT pp. 5291 and 5367-5368; Thomas, PT pp. 2429-2430; Morsink, PT pp. 9877-9879; Macleod, P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993" Annex J; Baggesen, PT of 22 August 1997 pp. 1893-1894 and PT of 25 August 1997 pp. 1934-1935 and 2126-2131 (the witness considered that the attack was planned at a level higher than brigade level); Ellis, PT of 30 August 1997 pp. 3112-3113 (the witness based his opinion in particular on the fact that the restocking of ammunition required a logistical chain which had to have been prepared in advance); Parrott, PT pp. 5032-5033.
751 - Witness Blaškic, PT p. 19029; see also pp. 19155-19156 and 22020 (cross-examination).
752 - Kupreskic Judgement, para. 761.
753 - P769 (signed by General Milivoj Petkovic).
754 - Prosecutor's Brief, book VI, pp. 47-48.
755 - Witness Blaškic, PT pp. 18609-18610.
756 - Defence Brief, book VI, p. 303.
757 - Witnesses Nura Pezer, PT p. 3888; Haris Hrnjic, PT pp. 4011-4012; G, PT pp. 3854-3856; H, PT pp. 3912 and 3921-3922; I, PT p. 4040-4041; M, PT pp. 4405-4408; Djula Djidic, PT pp. 4332-4334.
758 - Witnesses Abdullah Ahmic, PT pp. 3747-3748; R, PT pp. 4923-4924, 5001-5002.
759 - Witnesses Marin, PT p. 12898; HH, PT p. 6833.
760 - P481; witness HH, PT p. 6854. Zvonko Vukovic was replaced by Paško Ljubicic on 18 January 1993 (P457/1A/46).
761 - Witness HH, PT pp. 6856-6857.
762 - Witnesses Parrott, PT p. 5021; Abdullah Ahmic, PT pp. 3734-3736; J, PT p. 4082; Elvir Ahmic, PT p. 3260-3261.
763 - D250; witness Marin, PT p. 12186.
764 - Witness Zec did however testify that the Vitezovis’ commander, Dario Kraljevic, wore a camouflage uniform with HVO insignia (PT of 26 September 1997 p. 2803).
765 - Witnesses Zec, PT pp. 4293-4294; F, PT pp. 3662-3663 and Abdullah Ahmic, PT pp. 3823-3825, although he was not entirely sure. The Kupreskic Trial Chamber did not hold that there had been Vitezovi present.
766 - Witness G (PT pp. 3855-3856) specified that the soldiers in black uniforms wore the emblems of the Dzokeri, the Vitezovi and the HVO on their shirts.
767 - Witness Ellis, PT of 30 September 1997 pp. 3115-3116. See also photographs P88/Z2/446 and 447.
768 - Witnesses I, PT pp. 4040-4041; J (Zume), PT pp. 4080-4082; M, PT pp. 4405-4406; Fatima Ahmic, PT pp. 3948-3949; O, PT p. 4505.
769 - Witnesses Zec, PT pp. 4293-4324; Elvir Ahmic, PT pp. 3254-3255; G, PT pp. 3855-3856; Abdullah Ahmic, PT p. 3750; M, PT pp. 4405-4406; S (Nadioci), PT pp. 4881-4882 (he described camouflage uniforms with the emblem of a red and black checkerboard characteristic of the HVO; he also noted the presence of "U" insignia); J (Zume), PT p. 4071; F, PT p. 3666; Hrnjic (Šantici), PT pp. 4010-4017; Djula Djidic (Šantici), PT pp. 4331-4333.
770 - Witnesses Abdullah Ahmic, PT p. 3750 and Zec, PT pp. 4290-4291.
771 - P691: certificate showing that Ivica Semren, member of the Viteška Brigade from 8 April 1993, was wounded at Ahmici on 16 April 1993 when "carrying out combat duties by order of the competent commander"; P692: certificate showing that Nikola Omazic, member of the Viteška Brigade from 16 April 1993, was wounded at Pirici on 16 April 1993 during combat operations.
772 - Witness Parrott, PT p. 5021.
773 - According to Witness Mujezinovic, the units wearing that emblem came from Herzegovina (PT of 21 August 1997 p. 1749).
774 - Witness Abdullah Ahmic, PT p. 3829. According to exhibit P772, Nenad Šantic was appointed temporary Commander of the Domobran unit in Vitez on 12 March 1993 by the Head of the Defence Bureau, Marijan Skopljak. According to exhibit P776, Nenad Šantic had been a member of the HVO from 26 April 1992.
775 - Witness Hrnjic, PT pp. 44016-4017.
776 - Witnesses Kavazovic, PT of 27 August 1997, pp. 2381-2382 and G, PT p. 3854.
777 - Witness Morsink, PT pp. 9908-9909. According to witness Baggesen (PT of 21 August 1997 pp. 1844-1845), the post and telecommunications were controlled by the ABiH in Zenica and by the HVO in Travnik, Vitez and Kiseljak.
778 - Same finding as in the Kupreskic Judgement, para. 334.
779 - Witness Abdullah Ahmic, PT pp. 3825-3826.
780 - Witness G, PT pp. 3856-3857.
781 - Witness H, PT p. 3922.
782 - Witness Zec, PT pp. 4293-4294, 4323-4324.
783 - Witnesses Abdullah Ahmic (Ahmici), PT pp. 3748-3749 (red and other colour armbands); Elvir Ahmic (Ahmici), PT p. 3251 (white and orange armbands); Djula Djidic (Šantici), PT pp. 4333-4334 (blue armbands). According to the witness Parrott, the use of those armbands showed that those troops were acting in concert (PT pp. 5074-5075).
784 - Witnesses Zec, PT pp. 4292-4293; Djula Djidic, PT pp. 4333-4334; G, PT pp. 385-3857; Elvir Ahmic, PT pp. 3254-3255.
785 - Witness Morsink, PT pp. 9908-9909.
786 - PT. p. 2410.
787 - Defence Brief, book VI, p. 268.
788 - Defence Brief, book VI, p. 270.
789 - See in particular witness O, PT p. 4507-4508.
790 - These reasons were put forward by General Blaškic during his interview with an ECMM monitor on 8 May 1993, P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", annex G, ECMM H/S 720 dated 15 May 1993.
791 - See in particular P29; PT pp. 23698-23699.
792 - Witness Blaškic, PT pp. 18484-18486 and 21930-21931.
793 - P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", annex G, ECMM H/S 720, dated 15 May 1993.
794 - The accused alleged that he had been told of this by Holman on 15 April at 11:00 hours (witness Blaškic, PT of 22 August 1997, pp. 18477-18478). That abduction followed the abduction on 14 April of four members of the HVO main staff in Travnik and Novi Travnik, which gave rise to a complaint from the accused to the ECMM. The accused suspected the Seventh Muslim Brigade of being responsible for this crime (witness Baggesen, PT pp. 1864-1873).
795 - D280. The report referred to the accused's order no. 01-04-243/93 (which was not available to the Trial Chamber).
796 - That order was issued at 01:30 hours whereas the Military Police's report was received at 11:42 hours. As regards the order (D269), described either as an combat preparation order or an attack order, depending on the party, see discussion below.
797 - Witness Blaškic, PT pp. 18621-18622.
798 - The Defence based its statement on, inter alia, a situation report issued by the Military intelligence services of the Vitez Brigade on 10 April 1993 (D192) and which claimed that units of the Fourth Battalion of the 325th Mountain Brigade of the ABiH were to be found in Ahmici, Šantici and Nadioci. Defence Submissions, book VI, p. 268.
799 - Witness Blaškic, PT pp. 21389-21390.
800 - D268.
801 - Witness Blaškic, PT p. 19224.
802 - Defence Brief, book VI, p. 281.
803 - Defence Brief, book VI, p. 281.
804 - Defence Brief, book VI, p. 282.
805 - Witness Baggesen, PT of 22 August 1997 p. 2001.
806 - Witness Blaškic, PT pp. 22941-22942. According to General Blaškic: "there is no commander whatever who would agree to planning an operation and forget the fact that it would be fighting in the centre of a village".
807 - Witness Landry, PT pp. 7515-7516. The Witness Thomas made the same comment, PT of 24 September 1997 p. 2633.
808 - Witness Landry, PT pp. 7508-7509.
809 - The two main roads were a mountain road and a road through the valley. Witness Landry, PT pp. 7508-7509.
810 - Witness Landry, PT pp. 7516-7517.
811 - Witness Landry, PT pp. 7515-7516.
812 - Witness Abdullah Ahmic, PT pp. 3720-3721 and 3788-3789.
813 - Witness Abdullah Ahmic, PT p. 3721.
814 - Witness Abdullah Ahmic, PT pp. 3831-3833.
815 - Witness Abdullah Ahmic, PT pp. 3788-3789.
816 - Witness Abdullah Ahmic, PT pp. 3720-3721 and 3787-3789. See also Witness Kavazovic (PT of 27 August 1997 pp. 2354-2355 and 2452-2453) who stated that he joined the TO voluntarily and nonetheless thought of himself as a civilian when he was not in uniform. In fact, he only wore his uniform during the day and in the evening went back home and did not exercise any official function. In other words, he thought of himself as a soldier when he was in uniform and as a civilian when he was not.
817 - Witness Abdullah Ahmic, PT pp. 3802-3803.
818 - Witness Hadzihasanovic, PT pp. 23221-23225.
819 - P647: report submitted by the then Colonel Blaškic to the authorities in Mostar on 21 October 1992.
820 - PT p. 23699; witness Baggesen, PT of 22 August 1997, pp. 1923-1924.
821 - Witness Stewart, PT, p. 23755.
822 - Witness Stewart, PT, p. 23756. Witness Landry, PT pp. 7508-7509, corroborated that evidence.
823 - Same evidence as that of witness Baggesen, PT of 22 August 1997, pp. 1931-1932.
824 - Evidence confirmed, inter alia, by witness Kujawinski, PT pp. 4112-4113.
825 - Witness Thomas, PT of 24 September 1997 pp. 2583-2588 and 2645-2650.
826 - Witness Kujawinski, PT pp. 4112-4113.
827 - PT pp. 3639-3640.
828 - PT pp. 9361 and 9405. The witness stated, inter alia, that he had not seen any actual trench systems or any military installations.
829 - PT p. 23864.
830 - Witness Landry, PT pp. 7508-7509.
831 - Witness Parrott, PT pp. 5046-5047.
832 - Witness Kujawinski, PT p. 4121.
833 - Witness Ellis, PT of 30 September 1997 p. 3115.
834 - E/CN.4/1994/4 (19 May 1993), P184, p. 4, para. 14 (emphasis added).
835 - Witness Blaškic, PT pp. 18609-18610.
836 - PT p. 23589; witness Watters, PT pp. 3634 and 3453-3454.
837 - Witness Watters, PT pp. 3453-3454.
838 - In that connection, the Trial Chamber would point out that the references given in the context of describing the facts were not at all exhaustive. The evidence cited here better reflected what the Trial Chamber heard during the trial.
839 - Witnesses Abdullah Ahmic (Ahmici), PT pp. 3728-3729; Fatima Ahmic, PT pp. 3980-3982; Djula Djidic (Šantici), PT p. 4329; G, PT p. 3854; Baggesen, PT of 22 August 1997 pp. 1911-1912 (machine guns and shells).
840 - Witnesses G, PT pp. 3855-3856; Cazim Ahmic, PT of 1 October 1997 pp. 3142-3143; Pjanic, PT pp. 4445-4446.
841 - Witnesses Cazim Ahmic, PT of 1 October 1997 pp. 3136-3137 and 3142-3143; Pjanic, PT pp. 4445-4446; M, PT pp. 4402-4404; Fatima Ahmic, PT pp. 3948-3949; G, PT pp. 3855-3856.
842 - Witnesses O (Šantici), PT p. 4505; F (Ahmici), PT pp. 3688-3689; Zec (Ahmici), PT pp. 4292-4293; I (Donji Ahmici), PT p. 4040; M, PT pp. 4404-4405; J (Zume), PT, p. 4072.
843 - Witnesses Fatima Ahmic, PT pp. 3946-3947; Elvir Ahmic, PT pp. 3248-3250; Nura Pezer (Zume), PT pp. 3885-3886; O, PT pp. 4502-4503; Akhavan, PT pp. 5284-5285.
844 - Witnesses Abdullah Ahmic (saw soldiers with cans of petrol) PT pp. 3729-3730; Akhavan, PT p. 5283; O, PT pp. 4503-4505; Fatima Ahmic, PT pp. 3946-3949, (saw petrol poured over curtains and sofas); the witness Nura Pezer (Zume) saw eight soldiers carrying cans of petrol to set light to houses (PT p. 3888); witness G, PT pp. 3858-3859; Djula Djidic (Šantici), PT pp. 4333-4334.
845 - Witness G, PT pp. 3867-3868; Elvir Ahmic, PT p. 3264.
846 - P184: report of the Commission on Human Rights, E/CN.4/1994/4, pp. 6-7, para. 21. That information was confirmed by the witness Abdullah Ahmic (PT pp. 3766-3768 and 3867) who said that a hundred or so Muslims were transferred to the school in Dubravica. See also P117.
847 - Witnesses O (whose husband was killed in front of her and her children) PT pp. 4503-4504; Hrinjic (Šantici), PT pp. 4013-4014; Pjanic (saw his son killed in cold blood after he had been forced to jump from a second floor window), PT pp. 4436-4437; Zec, PT pp. 4283-4284; Abdullah Ahmic, PT p. 3733; Fatima Ahmic, PT pp. 3987-3988; G, PT pp. 3860-3861. The witness Djula Dzidic, PT p. 4337 described the systematic murder of Muslim men in the village of Šantici.
848 - Witness Abdullah Ahmic, PT pp. 3733-3734.
849 - Witnesses Nura Pezer, PT pp. 3887 and 3897-3898; H, PT p. 3912. See also witness M, PT pp. 4401-4403.
850 - Witness Zec, PT pp. 4290-4293.
851 - See, inter alia, witness Watters, PT pp. 3386-3387 and 3442.
852 - Witness Parrott, PT p. 5022.
853 - P184, para. 15, p. 4 and witness Akhavan, PT pp. 5284-5285.
854 - PT p. 23589. See also the corroboration given by witness Akhavan, P184, para. 15 p. 4; witness Watters, PT pp. 3440-3441; Abdullah Ahmic, PT pp. 3825-3826.
855 - Report of the Commission on Human Rights, E/CN.4/1994/4, P184, p. 5, para. 18; witness Bower, PT pp. 9422-9423.
856 - Witness Watters, PT pp. 3386-3387 and 3442.
857 - P184, p. 5, para. 19.
858 - PT p. 23584.
859 - P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Appendix 2 to Annex N to ECMM H/S 720, 15 May 1993.
860 - P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Annex N to ECMM H/S 720, 15 May 1993. Meeting with the Centre for Human Rights in Zenica, p. N-2.
861 - P184, p. 5, para. 20.
862 - Witnesses Abdullah Ahmic, PT p. 3768; M, PT p. 4410; Elvir Ahmic, PT p. 3255-3256.
863 - This witness, a member of the Prince of Wales Regiment in Bosnia Herzegovina (2nd British Battalion which succeeded the Cheshire Regiment), who remained in the area from April to November 1993, stated that some houses, where Croats lived, remained intact. PT p. 9361.
864 - PT of 1 October 1997 p. 3136.
865 - Witness Nura Pezer, PT pp. 3883-3884.
866 - P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Annex N to ECMM H/S 720, 15 May 1993. Events reported by ECMM and UN, 13-30 April 1993, Annex R to ECMM H/S 720, 15 May 1993, p. R-3.
867 - Witness Morsink, PT pp. 9900-9901.
868 - Witness Morsink, PT pp. 9901-9902.
869 - Witness Watters, PT pp. 3602-3605.
870 - Witness Baggesen, PT of 22 August 1997 p. 1928.
871 - This information appears also in the report of the ECMM whose team accompanied the ICRC team. P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Annex N to ECMM H/S 720, 15 May 1993. Events reported by ECMM and UN, 13-30 April 1993, Annex R to ECMM H/S 720, 15 May 1993, p. R-7.
872 - P696: report of the Joint Busovaca Commission dated 21 April (witness Morsink), para. D.
873 - Mosque with no minaret. P47
874 - Defence Brief, book X, p. 490.
875 - Prosecutor's Brief, book V, p. 45.
876 - Witness Stewart, PT p. 23864.
877 - Witness Thomas, PT pp. 2645-2650; PT p. 23660.
878 - Witness Kaiser, PT p. 10663. See also witness Thomas, PT p. 2650.
879 - Witness Zec, PT p. 4286-4287.
880 - Witness Baggesen, PT of 22 August 1997 p. 1931; Abdullah Ahmic, PT pp. 3769-3770.
881 - See in particular P47/49, P47/77, P47/78, P47/80, and P47/81.
882 - P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Events reported by ECMM and UN, 13-30 April 1993, Annex R to ECMM H/S 720, p. R-7.
883 - Witness Zec, PT pp. 4288-4289; M, PT pp. 4405-4407; Pjanic, PT pp. 4435-4436; Elvir Ahmic, PT p. 3253.
884 - Witness Blaškic, PT pp. 19036-19037.
885 - Witness Elvir Ahmic, PT p. 3263.
886 - Witness Haris Hrnjic, PT p. 4010-4011.
887 - Witness Abdullah Ahmic, PT p. 3759.
888 - PT p. 3142.
889 - Witness Akhavan, PT pp. 5286-5287.
890 - PT p. 23584.
891 - Witness Thomas, PT pp. 2672 and 2674.
892 - Witness Blaškic, PT pp. 19036-19037.
893 - P 184; witness Marin, PT p. 13631.
894 - Witness Blaškic, PT pp. 19025-19026: "I toured a part of the village. I saw burned houses in the village, and there was still some embers. They may have been burned during the night or set fire to. I saw the minaret and mosque and other signs of destruction".
895 - Witness Baggesen, PT of 22 august 1997 p. 1935.
896 - P184, p. 7, para. 20.
897 - Witness Kajmovic, PT p. 5680. See also P199.
898 - Charles Macleod, P242, "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Annex N to ECMM H/S 720, 15 May 1993, Meeting with the Centre for Human Rights in Zenica, p. N-1. According to the 1991 census, Nadioci had 42 Muslim inhabitants.
899 - P46.
900 - P207.
901 - P199.
902 - Prosecutor’s Brief, book VII, pp. 26-27.
903 - Witness Blaškic, PT pp. 19029 and 22020.
904 - Witness Blaškic, PT pp. 19155-19156. The Defence suggests that the order could have been given by Ivica Rajic (Witness Blaškic, PT pp. 19156-19157).
905 - D267, D268, D269.
906 - Defence Brief, book I, pp. 13 and 272. P242 "Report on inter-ethnic violence in Vitez, Busovaca and Zenica in April 1993", Annex G to ECMM H/S 720, 15 May 1993.
907 - D267.
908 - Witness Marin, PT pp. 12275-12276.
909 - Witness Marin, PT p. 12266.
910 - Witness Marin, PT pp. 12273-12274.
911 - D268
912 - The witness Blaskic testified that he had dictated the order to the witness (witness Blaskic, PT pp. 18481-18482)
913 - Witness Marin, PT p. 12282.
914 - Witness Blaskic, PT pp. 18478-18479.
915 - Witness Blaskic, PT pp. 18481-18482.
916 - D269.
917 - D269, para. 3: "in front of you are the forces of the IV Police VP, [...] to the right of you are the forces of the Unit N. S. Zrinski, and to the left of you are the forces of the civilian police".
918 - D269, para. 2: "Time of readiness at 0530 hours on 16 April 1993 Combat formation Blockade forces (observation, ambush) Search forces Forces for offensive activity". There is no reference number for the order on this exhibit.
919 - D278: Report sent by Blaskic to the Croatian Defence Council (the HVO) in Mostar on 16 April at 15:30 hours covering this agreement. A joint declaration was moreover signed on 20 April by the representatives of the Croats and of the Muslims in the municipality of Vitez (P86).
920 - D279; Witness Marin PT pp. 12322-12323.
921 - D269.
922 - See in particular D241.
923 - The accused said again in order D269 that "Personally responsible to me for the execution of the given assignment is the commander of the HVO Brigade Vitez, Mario Cerkez".
924 - See in particular: P769: document issued by the Croatian Defence Council in Mostar (signed by General Milivoj Petkovic) dated 8 February 1993 setting up the national guard. Paragraph 1.7 of that document states: "after being formed, the units shall be under the command of the appropriate operations zone commander". According to that document, the Domobrani were formed in order to support the regular army forces. P770 (p. 3): this document, issued by the accused and dated March 1993, stated that the Domobrani were directly responsible to the operational zone commander. P773, order of Zvonko Vukovic dated 13 March 1993, para. 2: "Command and leadership of the home guard shall be exercised by the provisional commands of the home guard units of the municipalities. These units and commands shall be under the command of the commander of the Central Bosnia Operative Zone".
925 - P777.
926 - Defence Brief, book VI, p. 538.
927 - Witness Blaškic, PT p. 18646.
928 - D241. Witness Blaškic, PT p. 22044.
929 - See in particular P647, dated 21 October 1992: "the activities of our forces are organised, fully co-ordinated and controlled by the command"; P456/32, dated 7 May 1993: "command and control function properly and all missions precede in a planned fashion according to orders, with detailed knowledge of the situation, full co-ordination and control".
930 - Witness Mujezinovic, PT of 20 August 1997 p. 1742.
931 - PT p. 23689.
932 - Witness Bower, PT p. 9782.
933 - Witness Duncan PT pp. 9062-9063.
934 - Witness Duncan PT p. 9062-9063.
935 - PT p. 23712.
936 - Witness Morsink, PT pp. 9908-9909. According to the witness Baggesen (PT of 21 August 1997, pp. 1878-1879), the postal services were under ABiH control in Zenica and HVO control in Travnik, Vitez and Kiseljak.
937 - Witness Morsink, PT p. 9908-9909.
938 - Witness Baggesen, PT of 22 August 1997, p. 1895.
939 - Witness Blaskic, PT pp. 18105-18106.
940 - Witness Hadzihasanovic, PT p. 23236.
941 - Witness Baggesen, PT of 22 August 1997, pp. 1901-1902.
942 - Witness Blaskic, PT p. 18070: "in the JNA, you had unity of command and unity of responsibility, which meant that in one single area there is a single commander and that he commands all forces. For instance, a commander of a brigade in the JNA had direct command over the military police company". See also PT p. 18074.
943 - P456/2 and witness Marin, PT pp. 12901-12903.
944 - P456/6 of 16 January 1993, 11:40 hours. General Blaskic explained that those units had been temporarily assigned to him for those combats on the basis of an order from General Petkovic dated 15 January 1993 (Witness Blaskic, PT pp. 18156-18157)
945 - D208; witnesses Blaskic, PT p. 18125 and Marin PT, p. 12090.
946 - D42, D211, P456/16; witnesses Blaskic, PT p. 18358; Marin PT p. 12110: order of 17 March 1993 sent to commanders of the HVO brigades, to independent units, to the Vitezovi, to the Military Police in Vitez and to the HVO civilian representatives (for information). D358: order of 18 March so as to ensure that ECMM had freedom of movement. That order was addressed to ECMM representatives in Zenica for information, to commanders of the HVO brigades, to commanders of independent units, to the commander of the Military Police Fourth Battalion and to the person in charge of the police department in Travnik (witness Blaskic, PT p. 18366)
947 - D42, D211, P456/16 (emphasis added).
948 - P422, point 4: request to HVO brigades and to independent units, including the Military Police, the Vitezovi and the Zutis, to report any developments in the situation on the ground and on the efforts taken to achieve a cease-fire agreement (witness Morsink, PT, p. 9883). P423 and P443: orders given by Blaskic to all the commanders of HVO brigades, to the Military Police Fourth Battalion and to the special unit of the Vitezovi (witness Morsink, PT, p. 9884).
949 - P457.
950 - P457, p. 17.
951 - P457, pp. 17-18.
952 - P457, p. 18.
953 - Date of a meeting in Vitez between General Petkovic, Colonel Blaskic and the representatives of the Mostar administration, in the presence of the commander of the Military Police Fourth Battalion, Pasko Ljubicic.
954 - D523.
955 - Article 9: "in carrying out daily operative military police tasks, Military Police units shall be subordinated to the commander of the Military District or the commander of the HVO in the highest position in the sphere of activity of a Military Police unit". Article 10: "Military Police shall carry out tasks and duties relating to: [...] participation in carrying out combat assignments along the front line on the orders of the Minster of Defence of the Croatian Republic of Herceg-Bosna". Witness Blaskic, PT, pp. 19231-19232. See also PT pp. 24016-24018. For the Defence arguments, see the Defence Brief p. 40.
956 - Witness Blaskic, PT pp. 19231-19232.
957 - Defence Brief, book V, p. 201.
958 - Witness Blaskic, PT p. 19138.
959 - Prosecutor’s Brief, book II, p. 54.
960 - The question of whether these troops were "attached", "assigned" or "subordinate" was debated at length before the Trial Chamber.
961 - Witness Blaskic, PT p. 19138.
962 - Witness Blaskic, PT p. 18110.
963 - Witness Blaskic, PT p. 18625 and 21930.
964 - Witness Blaskic, PT pp. 18624-18625.
965 - Witness Blaskic, PT p. 18626.
966 - Witness Blaskic, PT p. 18626.
967 - Witness Blaskic, PT pp. 21930-21932. The detachment order was issued at 15:00 hours and the meeting was held at 17:00 hours.
968 - Witness Blaskic, PT pp. 21948-21949.
969 - Witness Blaskic, PT p. 22052.
970 - Witness Blaskic, PT pp. 21937-21938.
971 - Witness HH, PT pp. 6917-6918.
972 - Witness Baggesen, PT of 22 August 1997, p. 1907.
973 - Witness Blaskic, PT pp. 19505-19506.
974 - See above, discussion of Article 7 (3) of the Statute.
975 - Witness Morsink, PT, p. 9878.
976 - Witness Blaskic, PT p. 19029, pp. 19155-19156 and p. 22020.
977 - See especially P414: special report of the ECMM dated 8 June 1993 regarding Travnik; P415: special report of the ECMM dated 19 June 1993, specifically regarding the events at Guca Gora; witness Morsink, PT, pp. 9840-9842.
978 - PT p. 23575 and P741 (ECMM report dated 1/5/93), p. 8.
979 - Witness Blaskic, PT p. 22031.
980 - Witness Landry, PT pp. 7508-7509.
981 - Their use was confirmed by order D284 delivered in the night of 16 to 17 April by the accused to the Viteska Brigade; witness Blaskic, PT pp. 18644-18646.
982 - Witness Landry, PT p. 7515.
983 - Witness Blaskic, PT pp. 18521-18522.
984 - Witness Fatima Ahmic PT pp. 3959-3960.
985 - Witness Fatima Ahmic PT p. 3955.
986 - Witness Abdullah Ahmic PT p. 3836.
987 - Witness Cazim Ahmic PT of 1 October 1997 p. 3144.
988 - Witness F.
989 - Witness A, PT p. 5444.
990 - Witness Parrott, PT pp. 5014-5015.
991 - See above, discussion on Article 7 of the Statute.
992 - Order of 4 November 1992, D347.
993 - See D204; witness Blaskic, PT pp. 18122-18123.
994 - Witness Blaskic, PT pp. 18126-18127.
995 - Witness Blaskic, PT pp. 18395-18396.
996 - Witness Marin, PT pp. 12080-12081.
997 - Witness Blaskic, PT pp. 18125-18126; witness Marin, PT pp. 12089-12090.
998 - D208.
999 - Witness Marin, PT p. 12091.
1000 - D42, D211 and P456/16: order of 17 March 1993; witness Marin, PT pp. 12103-12105.
1001 - Witness Blaskic, PT pp. 19144-19145.
1002 - Witness Blaskic, PT pp. 19144-19145.
1003 - See discussion above.
1004 - Witness Marin, PT pp. 13705-13706.
1005 - Witness Blaskic, PT pp. 19140-19144.
1006 - Defence Brief, book V, pp. 336-337.
1007 - See above, discussion of Article 7 of the Statute.
1008 - Witness Blaskic, PT pp. 23761-23762.
1009 - P456/57 and D340: letter from General Blaskic sent on 23 April to Colonel Stewart and in which the accused claimed to be ready to assemble a committee of enquiry, to look into the events at Ahmici especially, and asking that a meeting be held with the commander of the third corps of the ABiH in order to prevent the conflict from degenerating again. See witness Marin, PT p. 12452.
1010 - Witness Blaskic, PT p. 22049-22050.
1011 - According to the witness Marin the HVO did not have any armoured vehicle (witness Marin, PT pp. 12294-12295).
1012 - Witness Blaskic, PT pp. 22052-22053. What he said was corroborated by witness Marin, PT p. 12294-12295. As regards the accused’s arguments see also the Defence Brief, book VI, p. 15 and 95.
1013 - Witness Blaskic, PT pp. 18622-18623.
1014 - Witness Stewart, PT p. 23743.
1015 - Witness Baggesen, PT of 22 August 1997, p. 1920. According to those witnesses his absence was not surprising since " it is normal during a military operation that the commander is at the forward headquarters so he can be closer to the front and command his soldiers."
1016 - D278: report on the meeting with the Muslim forces. "Upon the initiative of the British Battalion at the UNPROFOR headquarters in Bila, a meeting was held today with enemy representatives". Marko Prskalo and Piskulic were the HVO representatives. Witness Marin, PT pp. 12318-12319.
1017 - Witness Blaskic, PT pp. 22050-22053.
1018 - Witness Landry, PT p. 7515.
1019 - Witness Baggesen, PT of 22 August 1997, p. 1926.
1020 - PT pp. 24100 and 24024-24027.
1021 - P316; witness Marin, PT p. 13620.
1022 - P318; witness Marin, PT p. 13621.
1023 - Witness Marin, PT. pp. 13617-13618.
1024 - Defence Brief, book V, p. 311.
1025 - Witness Blaskic, PT p. 22125.
1026 - Witness Marin, PT pp. 13617-13618.
1027 - Witness Marin, PT p. 13629.
1028 - Witness Blaskic, PT pp. 22126-22131. According to witness Zec, a lorry is alleged to have collected the bodies from Ahmici six days after the massacre, that is to say 22 April (witness Zec, PT pp. 4303-4304).
1029 - Witness Baggesen, PT of 22 August 1997, pp. 1929-1931.
1030 - P184, p. 2 para. 4.
1031 - Witness Stewart, PT p. 23776.
1032 - P456/57; witness Marin, PT. pp. 13653-13654.
1033 - Witness Stewart, PT p. 23762.
1034 - Witness Stewart, PT pp. 23765-23766 and 23866; P742.
1035 - P466/58; witnesses Stewart, PT pp. 23766-23767 and Marin PT pp. 13662-13663.
1036 - P380.
1037 - Witnesses Bell, PT p. 17638; Duncan, PT pp. 9057-9058.
1038 - P572; witness Bell, PT pp. 17620-17622.
1039 - PT p. 24090.
1040 - Witness Blaškic, PT pp. 19177-19178.
1041 - PT p. 24091.
1042 - P695; witness Stewart, PT pp. 23769-23770.
1043 - PT p. 24091.
1044 - Witness DY, PT p. 23457.
1045 - D284, D318, D334, D336, D338, D353, D361, D362, D364, D365, D370, D374, D376, P456/27.
1046 - P456, P55.
1047 - D269.
1048 - Prosecutor’s Brief, book VII, p. 158/2.
1049 - Witness Blaškic, PT pp. 18935-18937 and 18948. See also PT pp. 24100-24101.
1050 - Witness Marin, PT pp. 13679-13682.
1051 - Witness Blaškic, PT p. 19168; Defence Brief, p. 29.
1052 - Witness Stewart, PT p. 23760.
1053 - P456/58; witness Marin, PT pp. 13655-13656.
1054 - Witnesses Stewart, PT pp. 23747 and 23769; Blaškic, PT pp. 19177-19178.
1055 - Witnesses Stewart, PT p. 23750.
1056 - Witness Duncan, PT pp. 9038-9039.
1057 - Witness Duncan, PT pp. 9055-9056. The accused has always denied saying this. However, what he is alleged to have said here echoes what he said in Danas magazine on 5 October 1993 (P380).
1058 - Witness Duncan, PT pp. 9055-9056.
1059 - Witness Duncan, PT pp. 9056-9057.
1060 - Witness Morsink, PT pp. 9858-9859.
1061 - The accused explained in that connection that it was very rare for him to give a written order to his closest colleagues: "these exceptional situations [...] were telling proof in their own right that I was not fully satisfied with the action that I ordered previously" (witness Blaškic, PT pp. 22922-22923).
1062 - Witness Blaškic, PT p. 22924. Marin appeared as a defence witness and gave evidence to the Trial Chamber for several weeks.
1063 - P456/59 and D341 (same document); witness Blaškic, PT p. 19248.
1064 - Witness Blaškic, PT pp. 19248-19250.
1065 - D608 and D342. See also PT p. 24112.
1066 - That report found that there had been at least 103 victims.
1067 - Witness Blaškic, PT pp. 19296-19300 and 19617-19628; D342 and D343; witness Marin PT p. 13700-13701.
1068 - Witness Blaškic, PT pp. 19741.
1069 - Witness Blaškic, PT pp. 19640.
1070 - Witness Marin, PT p. 13640.
1071 - Witness Morsink, PT pp. 9851-9852.
1072 - P45C and P53.
1073 - Witness Thomas, PT of 24 September 1997, p. 2618 ; witness Watters, PT pp. 3381-3382; witness McLeod, PT p. 6361.
1074 - P184.
1075 - Witness Thomas PT of 24 September 1997, p. 2629.
1076 - Witness Djidic, PT of 29 July 1997, pp. 1199-1200; witness Pezer, PT of 19 August 1997, p. 1562; witness Mujezinovic, PT of 20 August 1997, pp. 1695-1697; witness Beso, PT of 26 August 1997, pp. 2280-2281; witness Thomas PT of 24 September 1997 p. 2650; witness D, PT of 24 September 1997, pp. 2687-2689; witness Zeco, PT of 26 September 1997, p. 2808; witness E, PT of 29 September 1997, p. 2908-2910.
1077 - Witness Djidic, PT of 29 July 1997, pp. 1207-1208; witness Pezer, PT of 19 August 1997, pp. 1563-1565; witness Thomas, PT of 24 September 1997 p. 2656; witness D, PT of 24 September 1997, pp. 2694-2730; witness E, PT of 29 September 1997, pp. 2908-2910; witness Ellis, PT of 30 September 1997 p. 2979 and pp. 3042-3045; witness Kujawinski PT pp. 4106-4107; witness Parrott, PT p. 5045-5046.
1078 - Witness Djidic, PT of 29 July 1997, pp. 1201-1202; witness Pezer, PT of 19 August 1997, p. 1568-1569; witness Beso, PT of 26 August 1997, pp. 2280-2288; witness Kavazovic, PT pp. 2255-2259; witness D, PT of 24 September 1997, pp. 2695-2702; witness Zeco, PT of 26 September 1997, p. 2810-2812; witness E, PT of 29 September 1997, pp. 2912-2913; witness N, PT pp. 4470-4471; witness Hunter PT pp. 5132-5133; witness Kajmovic, PT pp. 5668-5669.
1079 - Witness Djidic, PT of 29 July 1997, p. 1223.
1080 - Witness Pezer, PT of 19 August 1997, pp. 1562-1566.
1081 - Witness Pezer, PT of 19 August 1997, pp. 1567-1569.
1082 - Witness Djidic, PT of 29 July 1997, pp. 1211-1213. Witness Thomas PT of 24 September 1997 pp. 2649-2650; witness D, PT of 24 September 1997, pp. 2691-2693; witness Kujawinski PT pp. 4126-4127.
1083 - P242, witness Watters, PT pp. 3635-3636.
1084 - Witness Thomas PT of 24 September 1997 p. 2590; Witness Zeco, PT of 26 September 1997, p. 2815.
1085 - Witness Djidic, PT of 29 July 1997, pp. 1214-1216. Witness Mujezinovic, PT of 20 August 1997, pp. 1697-1698; witness Zeco, PT of 26 September 1997, pp. 2816-2817; witness Watters, PT pp. 3403-3404; witness Hughes, PT pp. 4534-4535.
1086 - Witness Djidic, PT of 29 July 1997, pp. 1233-1234.
1087 - Witness Bower, PT pp. 9389-9390.
1088 - P708 ; Witness Djidic, PT of 29 July 1997, pp. 1238-1239.
1089 - Witness Parrott, PT pp. 5032-5033.
1090 - Witness Djidic, PT of 29 July 1997, pp. 1206-1207 ; witness Pezer, PT of 19 August 1997, pp. 1563-1570; witness Ellis, PT of 30 September 1997, pp. 2988-2989.
1091 - P45C, P53 ; witness Watters, PT pp. 3538-3539.
1092 - Witness Kavazovic, PT of 26 august 1997, pp. 3538-3539.
1093 - D53, p. 4.
1094 - Witness Pezer, PT of 19 August 1997, p. 1556.
1095 - Witness Bower, PT pp. 9375-9377. The witness added that to the west, the road which leads to Stari Vitez was blocked by a roadblock, explosives and landmines.
1096 - Witness S, PT pp. 4876-4877.
1097 - Witness S,PT pp. 4898-4900 and 4905-4906.
1098 - Witness S, PT pp. 4898-4900 and pp. 4905-4907.
1099 - Witness Ellis, PT of 29 September 1997, pp. 2970-2974.
1100 - Witness Ellis, PT of 30 September 1997, pp. 2988-2989.
1101 - P106 ; witness Pezer, PT of 19 August 1997, pp. 1555-1556; witness Ellis, PT of 30 September 1997, pp. 2987-2988.
1102 - Witness Ellis, PT of 30 September 1997, pp. 3113-3114. The witness Hughes noticed that there existed an efficient system of reconnaissance between the soldiers, with the probable aim of better recognizing one another. The HVO soldiers wore ribbons attached to the epaulettes of their uniforms, PT p. 4537.
1103 - Witness Thomas, PT of 24 September 1997, pp. 2646-2647.
1104 - Witness Djidic, PT of 29 July 1997, p. 1238.
1105 - P708.
1106 - Witness Thomas, PT of 24 September 1997, pp. 2656-2690 ; witness Bower, PT pp. 9490-9491 ; witness Whitworth, PT pp. 10376-10377.
1107 - Witness Pezer, PT of 19 August 1997, pp. 1565-1569 ; witness Beso, PT of 26 August 1997, p. 2281; witness Thomas, PT of 24 September 1997, p. 2675 ; witness D, PT of 24 September 1997, pp. 2693-2694.
1108 - P184.
1109 - P83, P100/4, P100/5 ; witness Watters, PT p. 3597 ; witness Kujawinski, PT pp. 4107-4108 ; witness Hughes, PT pp. 4532-4569 ; witness Bower, PT p. 9385.
1110 - Defence Brief, book II, p. 302.
1111 - According to the statement of the witness Djidic : "At the time of the attack, there were approximately 50 to 100 soldiers in Vitez. They were deployed. They were accommodated in one room, in one building called the fire-fighting house. And some soldiers and officers were in the headquarters, in the building which I pointed out. A certain number of soldiers were in their own houses, resting; and another set of soldiers was on the front line in Visoko and in Vlasic [so that there] were only two military buildings in Stari Vitez", PT of 29 July 1997, pp. 1205-1206.
1112 - Witness Ellis, PT p. 3115 and p. 2989 ; witness Parrott, PT pp. 5034-5035. The witness Thomas stated that there were no military installations, that it was not a military sector or objective: "It was merely a strip of residential houses that were lived in by Muslims. That goes down to the point that none of the buildings were fortified for defence because they did not have to be because they were simply people’s homes", PT of 24 September 1997, p. 2681.
1113 - Witness Djidic, PT of 31 July 1997, pp. 1477-1478; witness Thomas, PT of 24 September 1997, pp. 2633-2634.
1114 - Witness Thomas, PT of 24 September 1997, pp. 2633-2634.
1115 - Witness Thomas, PT of 24 September 1997, pp. 2635-2636.
1116 - Witness Thomas, PT of 24 September 1997, pp. 2641-2642.
1117 - Witness Thomas, PT of 24 September 1997, p. 2681.
1118 - Witness Djidic, PT of 29 July 1997, pp. 1207-1208. 
1119 - Witness Bower, PT pp. 9386-9387.
1120 - Witness Pezer, PT of 19 August 1997, pp. 1563-1566 ; witness N, PT p. 4477.
1121 - Witness Bower, PT pp. 9386.
1122 - Witness Watters, PT p. 3598.
1123 - P81 ; witness Djidic, PT of 29 July 1997, pp. 1218-1220.
1124 - Witness Djidic, PT of 29 July 1997, pp. 1220-1221.
1125 - Witness Thomas, PT of 24 September 1997, pp. 2646-2647.
1126 - Witness Ellis, PT of 30 September 1997, pp. 2983-2984.
1127 - Witness Watters, PT pp. 3404-3405.
1128 - Defence Brief, p. 301.
1129 - Witness Djidic, PT of 29 July 1997, pp. 1242-1243.
1130 - P758 to 763.
1131 - Witness Djidic, PT of 29 July 1997, pp. 1238-1239.
1132 - Prosecutor’s Brief, book VII, p. 62.
1133 - Defence Brief, pp. 294-302.
1134 - Defence Brief, pp. 158-160.
1135 - Defence Brief, p. 159.
1136 - Witness Blaškic, PT pp. 18111-18112.
1137 - P456/6; P456/16; D42; D267; P456/26; D77; D359; P456/27; D78; D39; P456/30; P456/31; P456/32; P456/33; P456/34; P456/37; P456/40; D384; P456/41; D389; D391. According to General Blaškic, the Vitezovi unit was broken up on 15 January 1994.
1138 - P456/16; P456/30; P456/31; P456/32; P456/33.
1139 - D42; P456/26; D77; D359; P456/27; D78; D39; P456/34; P456/37; P456/40; D384; P456/41; D389; D391.
1140 - P456/15.
1141 - P456/31.
1142 - P456/33.
1143 - P456/26, D77.
1144 - P456/37.
1145 - P456/6.
1146 - D267. The front line from Stari Vitez was 300 metres from the accused’s HQ (P79).
1147 - Witness Baggesen, PT of 22 August 1997, pp. 1901-1902 ; witness Buffini, PT pp. 5636-5637.
1148 - Witness Whitworth, PT p. 10237.
1149 - P666 "Protest" addressed to the Vitez TO and the 325th ABiH Brigade.
1150 - PT p. 24171.
1151 - PT p. 24171.
1152 - PT pp. 24186-24204.
1153 - PT pp. 24198-24199.
1154 - P456/20.
1155 - P276.
1156 - Witness Kavazovic, PT of 26 August 1997, pp. 2305-2306.
1157 - Witness HH, PT pp. 6809-6810.
1158 - PT pp. 24187-24203.
1159 - PT pp. 24210-24211.
1160 - Defence Brief, book 2, p. 21; see also PT p. 24045.
1161 - Witness Blaskic, PT p. 18518.
1162 - Witness Ellis, PT of 30 September 1997, p. 2992.
1163 - Witness Thomas, PT of 24 September 1997, pp. 2679-2680.
1164 - Donja Veceriska had about 240 houses, divided 60/40% between Muslims and Croats (D71). Gacice had a hundred or so houses, divided 50/50% between Muslims and Croats (witness Matic, PT, (PV) p. 16968. Donja Veceriska is 3.9 km from the Hotel Vitez, Gacice is 1.9 km from the Hotel Vitez (P79).
1165 - Witness R, PT p. 4957.
1166 - Defence Brief, book IV, p. 392.
1167 - Witness Hunter, PT pp. 5126-5127.
1168 - According to one witness, HVO soldiers in Herzegovina had already come in October 1992 (Witness R, PT pp. 4922-4923, pp. 4964-4965); according to another, the HVO was installed since November 1992 (Witness Hrustic, PT pp. 4829-4831).
1169 - Prosecutor’s Brief, book 5, pp. 84-85, paras. 2.330 to 2.333.
1170 - Prosecutor’s Brief, book 5, p. 85, para. 2.335
1171 - Defence Brief , book VI, p. 352.
1172 - Defence Brief , book VI, p. 352.
1173 - Defence Brief , book VI, p. 353.
1174 - During R’s testimony, PT pp. 4974-4975.
1175 - Defence Brief , book VI, p. 374.
1176 - D267.
1177 - D269.
1178 - Given to the command of the Vitez HVO Brigade (Mario Cerkez) and to the Tvrtko independent units.
1179 - D71, p. 5.
1180 - Witness R, PT pp. 4913-4914.
1181 - Witness Blaskic PT pp. 18530-18531.
1182 - Witness R, PT pp. 4913-4915.
1183 - Between forty and fifty bombs in the space of an hour, according to witness R (PT pp. 4916-4917).
1184 - Witness R, PT pp. 4929-4930.
1185 - Witness R, PT pp. 4930-4931.
1186 - Soldiers wearing the HVO emblem on their sleeve with the checkerboard, an armband (maybe blue) around the sleeve (witness R, PT pp. 4923-4924).
1187 - Witness Lovric, PT p. 17785.
1188 - Witness R, PT pp. 4914-4915, pp. 4923-4924.
1189 - Witness R, PT pp. 5002-5004. Sometimes soldiers wore two of the insignia.
1190 - Witness R, PT pp. 4931-4932.
1191 - Witness R, PT p. 4969.
1192 - Thirty burnt houses were identified by the witness R from an aerial photograph. "All the houses and stables were on fire" (Witness R, PT p. 4916). On 17 April, "there was at least one house but possibly more that were burning"(witness Parrott, PT p. 5026). One witness said of Donja Veceriska that from Gacice he could see the houses "one by one going up in flames", (witness Hrustic, PT p. 4803). It was possible to see the flames rising above the village from Vitez (witness Parrott, PT p. 5050; witness Hunter PT p. 5107-5108). Defence exhibits acknowledged the HVO torching of 22 homes and stables (D70, D71). One witness maintained that there were fourteen burnt houses on each side (witness Lovric, PT p. 17764).
1193 - Witness R, PT p. 5001.
1194 - On the morning of 17 April, Sergeant Parrott of UNPROFOR met some Muslims on the road, including maybe two members of the armed forces who had been driven from their homes by the HVO (PT p. 5026).
1195 - D71; witness R, PT pp. 4921-4922. The witness Lovric maintained that it was seven civilians and one soldier (PT p. 17765).
1196 - That woman was in a house separated from other Muslim houses by a field, and she tried to escape. According to witness R, "Hadjira and her small child tried to escape across the field and Zoran shot her in her thigh [...] Hadjira was lying in the field for a long time, she was wounded around 8 a.m. and we could not get to her [...] during the night we made up stretchers and we were able to pick up Hadjira"(D71, p. 6)
1197 - Witness Parrott, PT p. 5026.
1198 - Witness R, PT pp. 5001-5002.
1199 - Witness R, PT p. 5001.
1200 - Witness R, PT pp. 4933-4934. The UNPROFOR base was the headquarters of the British Battalion.
1201 - Habiba Haskic, her younger sister and her daughter (witness R, PT p. 4920).
1202 - Witness R, PT p. 4981.
1203 - Witness R, PT pp. 4958, 4931, 4982-4983. That witness maintained that the villagers merely defended their families (PT pp. 4993-4994). The UNPROFOR Sergeant also noted two men of fighting age, with rifles, seeming more civilian than military (witness Parrott PT p. 5077).
1204 - Witness R, PT p. 5005.
1205 - P169, p. 3.
1206 - D71, p. 5. That statement seemed to be confirmed by the witness Lovric who mentioned ABiH units which were following those fleeing on the morning of 18 April(PT pp. 17765-17767); see also witness Blaskic, PT, p. 18800. Other signs of ABiH presence "A front line was made between the HVO and Territorial Defence near the kitchen"(D71, p. 5) and "at one point I had helped the Territorial Defence after a member was wounded"(D71, p. 6). See also witness R, PT p. 5004; "they were not classic soldiers, they did not have uniforms, they were just defending from the Serbs, Montenegrin aggression, so some of them when they would come to be relieved back to the village, they would some of them bring their weapons with them". The witness Marin also confirmed that there was an ABiH presence, PT p. 12455.
1207 - Witness R, PT p. 4958. Moreover, the Defence maintained that there was a command structure in place (witness Lovric, PT pp. 17754-17756).
1208 - Captain Ellis of Britbat confirmed that "several" houses were on fire after the Muslims had fled the village on the morning of 18 April (Provisional Transcript, Public Version (hereinafter "PTPV") of 30 September 1997 p. 3074).Some houses were still burning on 20 May (witness Hunter, PT pp. 5104-5105).
1209 - Witness R, PT pp. 4935-4936.
1210 - Witness Kaiser, PT p. 10623; P455/17.
1211 - The Trial Chamber agrees with the Prosecution on this point (Prosecutor’s Brief, book 5, p. 94, para 2.369 to 2.371 and p. 96, para. 2.377). The Defence did not deny that there was no military necessity for the burnt houses after the retreat of the Muslims (Defence Brief, book VI, p. 372).
1212 - Witness Matic, PTPV p. 17086.
1213 - Prosecutor’s Brief, book 5, p. 89, para. 2.351. Witness Hrustic, PT pp. 4807-4808. The witness explained the reasons for the refusal: "because we knew approximately what was going on in other villages and we knew if we surrendered the weapons that they would slaughter us, that they would kill us"(PT p. 4837).
1214 - Witness Hrustic, PT pp. 4808-4809.
1215 - Witness Hrustic, PT pp. 4805-4806, 4809-4810. Another witness said how he had heard two or three rather violent explosions towards 07:00 hours that day, witness Matic, PTPV p. 17087.
1216 - Witness Hrustic, PT pp. 4812-4813.
1217 - Witness Hrustic, PT pp. 4807-4808.
1218 - Witness Hrustic, PT p. 4810-4811, 4854-4855. The witness maintained that the HVO received the help of a Brigade from Split and of the 125th Varazdin Brigade (PT p. 4820).
1219 - Witness Hrustic, PT pp. 4809-4811, 4857.
1220 - Witness Morsink, PTPV pp. 10266-10271.
1221 - The Muslim civilians returning from Vitez later that day saw the houses and the stables still on fire (witness Hrustic, PT p. 4816). An ECMM observer confirmed that the Muslim houses had been burned after the conflict (witness Morsink, PTPV p. 10264). The Trial Chamber considers that between fifteen (witness Matic, PTPV p. 17093) and thirty five (witness Hrustic, PT p. 4849) Muslim houses were torched and notes that a few Croatian houses were also burning (witness Matic, PTPV p. 17090).
1222 - Witness Hrustic, PT p. 4842. Another witness maintained that the dead were all soldiers and that one of the Muslim victims was killed by another Muslim (witness Matic, PTPV p. 17094).
1223 - Witness Matic, PTPV p. 17094. It seemed that the man had burned alive.
1224 - Witness Hrustic, PT p. 4860.
1225 - Witness Duncan, PT pp. 9169-9170. Another witness confirmed that he had heard it said that the soldiers were Vitezovi (witness Matic, PTPV p. 17112).
1226 - Witness Matic, PTPV p. 17092.
1227 - See discussion below.
1228 - Witness Hrustic, PT p. 4825-4826.
1229 - Witness Djidic, PT of 29 July 1997, p. 1262.
1230 - Witness Duncan, PT p. 9212-9213.
1231 - Prosecutor’s Brief, p. 25, para. 5.15.
1232 - Defence Brief, book VI, pp. 162-163.
1233 - Defence Brief, book VI, pp. 162.
1234 - The Prosecution maintained that the attack started at 13:55 hours (Prosecutor’s Brief, book V , p. 162, para. 2.688) whereas the Defence maintained that it started at 14:20 hours (Defence Brief, book VI, p. 162).
1235 - The Prosecution agreed that the ABiH command post was one of the main targets on the first day of the attack (Prosecutor’s Brief, book V , pp. 162-163, para. 2.688). See also P713 (Milinfosum of 9 September 1993): "The C/S [...] in the burnt out village of Grbavica discovered the body of a dead ABiH soldier which had been decapitated and disembowelled"
1236 - Witness Blaskic, PT p. 20808. Blaskic told Brigadier General Duncan in advance that he would be obliged to attack and to eliminate some of the Muslims in that zone (witness Duncan PT pp. 9213-9214). See also witness Whitworth, PT, pp. 10268-10269.
1237 - Defence Brief, book VI, p. 399. See also witness Blaskic, PT pp. 2810-2811. That view was confirmed by the witness Bower: "It appeared to be a professional, well-coordinated military offensive to seize and hold an area of ground" (PT pp. 9401-9402).
1238 - Witness Blaskic, PT pp. 2809-2810.
1239 - Witness Palavra PT p. 16793. The witness Bower learned from the British liaison officers that the Dzokeri were involved in the attack on Grbavica (PT p. 9423). See also witness Whitworth, PT pp. 10274-10275; P712, P713.
1240 - P173.
1241 - Witness Whitworth, PT pp. 10274-10275.
1242 - Witness Blaskic, PT p. 22632. See also the witness Marin who agreed that part of the forces of the Military Police were engaged in the Grbavica operation. He maintained: "we did not have other forces that could have carried out the task of this attack operation, except for the units for special purposes together with the military police"(PT p. 13701).
1243 - The witness Djidic saw the "babies" in flight when he was in Stari Vitez (PT of 29 July 1997, p. 1262). See also the witness Whitworth, PT pp. 10278-10279; P433/28. The accused formally denied having used that type of device (Witness Blaskic, PT p. 22649).
1244 - Witness Blaskic, PT pp. 19692-19693.
1245 - Witness Whitworth PT pp. 10270-10272.
1246 - Witness Blaskic, PT pp. 19692-19694.
1247 - Defence Brief, book VI, p. 395.
1248 - Witness Blaskic, PT pp. 19693-19694. The Defence maintained that most of the houses in Grbavica were damaged between October 1993 and March 1994, and accordingly were not torched during the attack (Defence Brief, book VI, p. 396).
1249 - Witness Marin, PT p. 13701; witness Palavra, PT p. 16797. The Croats who moved into the Muslim houses in Grbavica were refugees from other villages or towns (witness Palavra, PT p. 16790).
1250 - Witness Whitworth PT p. 10412.
1251 - The witness Marin maintains that some houses were 80% burnt (PT pp. 13701-13702). P712 (Milinfosum of 8 September 1993); "the majority of the houses (approx. 50) in the village are at present ablaze". See also witness Hunter, PT pp. 5087-5088; P433/21-23; P433/25-27, P433/29-31.
1252 - Witness Duncan, PT pp. 9187-9188. Furthermore, the witness maintained that it would have been in the interest of the HVO to leave these buildings as they were (PT pp. 9213-9214). He added that, having spent seven months in the Lasva Valley, [he understood that] the procedure of attacking and then torching was consistent with the attacks the HVO had launched in the whole of the Lasva Valley (PT pp. 9212-9213).
1253 - Witness Bower, PT pp. 9402-9403.
1254 - The witness Bower said of the pillage: "initially it was by HVO soldiers. They were taking electrical items, furniture" (PT pp. 9402-9403). He noted that "there were some Croat families living in the village and their houses remained untouched, but the Muslim population were cleared out of their houses" (PT pp. 9402-9403).
1255 - Witness Whitworth, PT p. 10273. See also witness Djidic: "And on the second day I saw houses burning. At first I thought they were set on fire by ammunition, flammable ammunition, but it was a mistake. I looked more closely and saw soldiers, and not only soldiers but also civilians who were looting houses in Grbavica, probably even them, as early as then the army had retreated from Grbavica. When they took whatever they wanted to take from the houses they set them on fire. At one point, one could see over 100 houses on fire. All of those houses belonged to Muslims. Only a few houses belonging to Muslims escaped this fate in a village which had over 200 houses". The witness also noted that the Grbavica mosque had burned (PT of 29 July 1997 pp. 1262-1263).
1256 - Witness Duncan, PT pp. 9213-9214. See also the witness Whitworth, PT pp. 10275-10276.
1257 - Defence Brief, book 6, F, p. 352 and book 6, J, p. 368.
1258 - P46 and witness Q, PT p. 5150.
1259 - Witness Q, PT pp. 5151-5152.
1260 - Witness Q, PT pp. 5167-5170.
1261 - Witness Q, PT pp. 5168-5169.
1262 - Witness Q. PT pp. 5154-5155. According to this witness, the soldiers who entered Loncari on 16 April 1993 wore the HVO insignia on their uniform (PT, pp. 5154-5155)
1263 - Witness Blaškic, PT p. 21726.
1264 - Witness Nuhagic, PT pp. 5255-5257.
1265 - Witness Q, PT pp. 5152-5153.
1266 - Witness Q, PT p. 5158-5159.
1267 - Witness Q, PT pp. 5168-5169.
1268 - Witness Q, PT pp. 5159-5160.
1269 - Witness Q, PT pp. 5159-5160.
1270 - Witness Q, PT pp. 5159-5160.
1271 - Witness Q, PT pp. 5163-5164.
1272 - Witness Q, PT pp. 5158-5160.
1273 - Witness Q, PT pp. 5164-5165.
1274 - Witness Q, PT pp. 5164-5165.
1275 - Witness Q, PT pp. 5160-5161, pp. 5170-5171.
1276 - Witness Q, PT pp. 5169-5170.
1277 - Witness Q, PT pp. 5170-5171.
1278 - Witness Q, PT pp. 5179-5180.
1279 - P46.
1280 - Witness Nuhagic, PT pp. 5213-5214.
1281 - Witness Nuhagic, PT pp. 5214-5215.
1282 - Witness Nuhagic, PT pp. 5216-5217.
1283 - Witness Nuhagic, PT pp. 5213-5214.
1284 - Witness Nuhagic, PT pp. 5235-5236.
1285 - Witness Nuhagic, PT pp. 5234-5235. According to witness Nuhagic’s account, the soldiers who entered the village wore masks so as not to be recognised.
1286 - Witness Nuhagic, PT pp. 5217-5218.
1287 - Witness Nuhagic, PT p. 5219, pp. 5247-5248.
1288 - Witness Nuhagic, PT pp. 5248-5249.
1289 - Witness Nuhagic, PT pp. 5217-5218.
1290 - Witness Nuhagic, PT pp. 5217-5218.
1291 - P242.
1292 - Witness Nuhagic, PT pp. 5234-5235.
1293 - Witness FF, PT p. 6187.
1294 - According to the witness Nuhagic, the attack on the town of Ocehnici was in reprisal for the torching of the Draga barracks by the ABiH (PT p. 5231-5232).
1295 - Witness Q, PT p. 5150. The witness Q told investigators from the Office of the Prosecutor that Muslim men aged between 15 and 50 had been mobilised (PT pp. 5176-5177).
1296 - Witness Q, PT pp. 5177-5178.
1297 - Witness Q, PT pp. 5181-5183.
1298 - Witness Nuhagic, PT pp. 5213-5214.
1299 - Witness Q, PT pp. 5176-5177.
1300 - Prosecutor’s Brief, book VII, para. 2.164
1301 - Prosecutor’s Brief, para. 2.165.
1302 - Prosecutor’s Brief, para. 2.157 to 2.159.
1303 - Prosecutor’s Brief, para. 2.162 to 2.163
1304 - Defence Brief, book VI, J, p. 366.
1305 - Defence Brief, book VI, J, p. 366.
1306 - Defence Brief, book VI, J, p. 367.
1307 - Defence Brief, book VI, J, p. 368.
1308 - Defence Brief, book IV, F, p. 351.
1309 - Defence Brief, book IV, F, p. 351.
1310 - Defence Brief, book IV, F, p. 351.
1311 - Witness Q, PT pp. 5153-5154, pp. 5168-5169.
1312 - Witness Nuhagic, PT pp. 5235-5236, pp. 5255-5257.
1313 - Witness Blaskic, PT p. 20579.
1314 - Witness Blaskic, PT p. 18627, p. 20592.
1315 - Witness HH, PT p. 6917; see also witness Baggesen, PT p. 1907.
1316 - See P422, P456/5, P456/7, P456/26, P456/30, P456/33, P456/34, P456/38, P498/9 and D87, D208, D263, D380, D382, D400, D405, D511.
1317 - See P456/21, P456/31.
1318 - See P423, P424, P456/40, P456/27, P456/41, P456/77, P498/7, P498/8 and D354, D357, D368, D384, D386, D388, D389, D391, D456/44.
1319 - See P456/6, P456/35, P456/85, D267, D298.
1320 - See D268, D296.
1321 - See D268, D296.
1322 - D277, D288, D289, D299, D300, D301.
1323 - P456/45 and D284, D296, D297, D298, D299, D300, D301.
1324 - The first order given on 17 April at 04:00 hours is numbered 291/93 whereas the last is numbered 331/93.
1325 - Witness Morsink, PT pp. 9877-9879 (see above, discussion of Ahmici).
1326 - Witness Blaskic, PT pp. 18395-18396.
1327 - P456/16.
1328 - The Defence acknowledged on several occasions in its Brief that HVO soldiers carried out crimes in the Kiseljak region (see book VI, N, p. 400, p. 410, p. 418, p. 419, p. 420 and p. 421).
1329 - P46.
1330 - Witness SS, PT pp. 9267-9269.
1331 - Witness SS, PT pp. 9268-9269.
1332 - Witness SS, PT pp. 9269-9271.
1333 - Witness SS, PT pp. 9269-9274.
1334 - Witness SS, PT pp. 9279-9280.
1335 - Witness SS, PT pp. 9275-9278.
1336 - Witness SS, PT pp. 9277-9280.
1337 - Witness SS, PT pp. 9278-9280.
1338 - P46.
1339 - D305; witness LL, PT pp. 8014-8015.
1340 - Witness LL, PT pp. 8016-8017.
1341 - Witness LL, PT pp. 8016-8018.
1342 - Witness LL, PT pp. 8017-8018.
1343 - Witness LL, PT pp. 8062-8064.
1344 - Witness LL, PT p. 8031.
1345 - P46.
1346 - Witness JJ, PT p. 7398.
1347 - Witness JJ, PT p. 7398.
1348 - Witness JJ, PT p. 7399.
1349 - Witness DD, PT pp. 7035-7036. According to the witness, since the inhabitants of the village accepted to surrender their weapons, the village was not torched like the other villages in the area.
1350 - Witness DD, PT pp. 7036-7037; witness JJ, PT p. 7399.
1351 - Witness DD, PT pp. 7036-7037; witness JJ, PT pp. 7400-7401.
1352 - Witness DD, PT pp. 7037-7038; witness JJ, PT pp. 7404-7406.
1353 - Witness JJ, PT pp. 7410-7414.
1354 - Witness JJ, PT pp. 7400-7402.
1355 - Witness DD, PT pp. 7041-7042.
1356 - P46.
1357 - P46.
1358 - Witness AA, PT p. 6618.
1359 - Witness Christie, PT p. 7857.
1360 - Witness Christie, p. 5842 of the French transcript of the video entitled "We are all neighbours".
1361 - Witness AA, PT pp. 6621-6622; Witness Christie, PT, p. 5842 of the French transcript of the video entitled "We are all neighbours".
1362 - According to witness AA, the village of Visnjica included a military unit of 10 to 20 very poorly armed men (PT pp. 6621-6622)
1363 - Witness AA, PT p. 6624.
1364 - Witness AA, PT pp. 6626-6627.
1365 - Witness AA, PT pp. 6626-6627.
1366 - P95; witness Baggesen, PT pp. 1965-1966, 22 August 1997.
1367 - Witness AA, PT pp. 6638-6640.
1368 - P95.
1369 - P46.
1370 - Witness KK, PT pp. 7928-7929.
1371 - Witness KK, PT p. 7931.
1372 - Witness KK, PT p. 7931.
1373 - Witness KK, PT p. 7932.
1374 - Witness KK, PT p. 7932.
1375 - Witness KK stated that he saw HVO soldiers in the village of Rotilj wearing black scarves on their faces (PT p. 7934).
1376 - Witness KK, PT p. 7934.
1377 - Witness KK, PT p. 7935; witness Lanthier, PT pp. 8255-8256.
1378 - P298; witness Liebert, PT. p. 8792.
1379 - Witness Lanthier, PT pp. 8296-8297.
1380 - Witness JJ, PT p. 7404; witness Liebert, PT p. 8792.
1381 - Witness AA, PT p. 6658; witness JJ, PT pp. 7409-7410.
1382 - Witness JJ, PT p. 7404; witness Liebert, PT p. 8792.
1383 - P298; witness Baggesen, PT of 22 August 1997 p. 1954.
1384 - Witness Baggesen, PT pp. 1952-1953.
1385 - P298; witness Landry, PT p. 7543; witness Liebert, PT p. 8792.
1386 - Witness JJ, PT pp. 7406-7407; witness KK, PT p. 7936; witness Lanthier PT pp. 8297-8298.
1387 - Witness KK, PT pp. 7943-7944; witness Liebert PT p. 8767.
1388 - Witness Baggesen, PT of 22 August 1997, pp. 1952-1953.
1389 - Witness Lanthier PT pp. 8255-8256.
1390 - Witness KK, PT pp. 7944-7945.
1391 - The witness Lanthier attempted to go to the village of Rotilj on 19 April, but was prevented from doing so by HVO soldiers forming a roadblock at the entry to the village (PT pp. 8279-8280).
1392 - P46.
1393 - Witness WW, PT pp. 9688-9689.
1394 - Witness WW, PT pp. 9732-9733.
1395 - Witness WW, PT p. 9691.
1396 - Witness WW, PT pp. 9689-9696.
1397 - Witness WW, PT pp. 9738-9739.
1398 - Witness WW, PT pp. 9698-9699.
1399 - Witness WW, PT pp. 9698-9699.
1400 - Witness WW, PT p. 9705.
1401 - Witness WW, PT pp. 9709-9710.
1402 - P46.
1403 - P46.
1404 - Witness QQ, PT p. 8936; witness RR, PT pp. 8973-8974.
1405 - Witness TT, PT p. 9343; witness UU, PT p. 9530.
1406 - Witness QQ, PT p. 8935. The villages of Grahovci and Han Ploca were 700m and 1 km respectively from the Serbian front.
1407 - Witness QQ, PT p. 8936.
1408 - Witness RR, PT pp. 8974-8975; witness UU, PT pp. 9530-9531.
1409 - . Witness TT, PT pp. 9328-9329; witness UU, PT pp. 9530-9531. The witness QQ stated that he saw a tank of the Serbian artillery firing six shells in the direction of Grahovci (PT p. 8938).
1410 - Witness RR, PT pp. 8975-8976; witness TT, PT pp. 9328-9329.
1411 - Witness QQ, PT p. 8937.
1412 - Witness QQ, PT p. 8939; witness UU, PT pp. 9531-9532.
1413 - Witness QQ, PT pp. 8937-8940; witness TT, PT pp. 9328-9329; witness UU, PT pp. 9531-9532.
1414 - Witness UU, PT pp. 9531-9532.
1415 - Witness RR, PT pp. 8989-8995.
1416 - Witness QQ, PT p. 8937; witness TT, PT pp. 9328-9329; witness UU, PT pp. 9532-9533.
1417 - Witness QQ, PT p. 8950; witness RR, PT pp. 8979-8980.
1418 - Witness TT, PT pp. 9329-9330.
1419 - Witness RR, PT pp. 8995-8996.
1420 - Witness TT, PT pp. 9329-9331.
1421 - Witness QQ, PT p. 8950. The witness UU put forward the figure of 95 to 100 for missing persons (PT pp. 9533-9534).
1422 - Witness RR, PT pp. 8983-8984.
1423 - P46.
1424 - Witness NN, PT pp. 8464-8471.
1425 - Witness OO, PT pp. 8662-8663; witness PP, PT p. 8724.
1426 - Witness OO, PT pp. 8634-8636.
1427 - Witness NN, PT pp. 8475-8476.
1428 - Witness NN, PT pp. 8477-8478; witness OO, PT pp. 8654-8655.
1429 - Witness NN, PT p. 8480; witness OO, PT pp. 8655-8656.
1430 - Witness OO, PT pp. 8655-8656.
1431 - Witness NN, PT pp. 8465-8469.
1432 - Witness NN, PT pp. 8470-8477; witness PP, PT pp. 8726-8727.
1433 - Witness OO, PT pp. 8671-8672.
1434 - Witness Lanthier, PT p. 8295. As Captain Lanthier, a Canadian army officer who served with UNPROFOR from October 1992 to May 1993, pointed out, the attacks had to be "synchronised" and not "the result of chance". According to witness KK, the 18 April attack: "was carried out in an organised manner. When I say "organised manner" I do that because I had – I know certain facts; namely, at the same time, the HVO attacked the villages of Rotilj, Visnjica, Hercezi, Doci, Gromiljak, Gomionica, Jehovac, Svinjarevo. Therefore, these villages were all attacked on the same day, on 18 April 1993, so I believe this [...] was carried out with a previous plan" (PT p. 7925).
1435 - D300.
1436 - According to the witness Liebert: "We had ample evidence of very close co-ordination and co-operation between the HVO forces, the Bosnian-Croat forces and the Bosnian-Serb forces in our area"(PT p. 8793). That collaboration between the army of the Bosnian Serbs and the HVO was particularly evident in two other ways. The former helped the latter to operate displacements of civilian Croatian populations by providing methods of transport and by allowing them to pass onto their territory, towards HVO controlled zones, especially towards Vares and Kiseljak (Witness Liebert, PT, pp. 8773-8775 and witness Morsink, PT p. 9968). The Croatian authorities supplied fuel to the Serbian army which was subject to an embargo (witness Lanthier, PT pp. 8305-8306 and see also witness Morsink, PT p. 9968). According to the witness KK, as from the end of May 1992, "[...] there was an agreement between the Kiseljak HVO and the Serb Army" (PT pp. 7914-7915). The witness TT also testified that "co-operation between the Serbs and Croats in these parts was extremely good" (PT pp. 9332-9333).
1437 - Witness LL, PT pp. 8045-8046. The witness Baggesen tried to get to Gomionica and Polje Višnjica after the April 1993 events and was prevented from doing so by lots of HVO road blocks (PT pp. 2003-2007; P93).
1438 - That was probably because the village of Gromiljak was inhabited mainly by Croats that it was spared the HVO artillery.
1439 - P298. As regards the village of Rotilj, the ECMM report signed by Lieutenant-Colonel Landry stated that "the village wasn’t defended by any ABiH force, since all of the soldiers were deployed in the Visoko area".
1440 - Witness KK, PT p. 8001; witness LL, PT pp. 8044-8045; witness Lanthier, pp. 8331-8332.
1441 - Witness SS, PT pp. 9297-9300 and witness UU, PT p. 9545. The witness KK testified that there were no trenches nor any barracks at Rotilj (PT pp. 7995-7996).
1442 - Witness Liebert, PT pp. 8795-8798; witness RR, PT p. 8008; witness SS, PT pp. 9245-9246; witness UU, PT pp. 9530-9541. The witness KK stated that the Muslims from the village of Rotilj did not counterattack when attacked on 18 April 1993 because they were surrounded by HVO troops (PT pp. 7957-7958).
1443 - Witness Baggesen, PT pp. 1956-1957 of 22 August 1997
1444 - Witness Baggesen, PT pp. 1966-1967 of 22 August 1997
1445 - The witness KK stated that the headquarters of the Jasikovika military unit were in Visnjica (PT pp. 7975-7976, 7978-7980)
1446 - Witness SS, PT pp. 9244-9245.
1447 - Witness JJ, PT p. 7398. According to the witness: "we organised ourselves in the village. There were about 15 able-bodied men there. We split between two ends of the village; we knew what we needed to protect."
1448 - A unit of about 70 people was stationed in the village of Svinjarevo (Witness WW, PT p. 9718)
1449 - Witness AA, PT pp. 6621-6622. In relation to the defence of the village of Visnjica, the witness Christie stated that : "Muslim men decided to conduct their own patrol within the village. This amounted to six men who would gather in a house and two at a time they would walk around the village at night, between about 10.00 and 1.00 in the morning to protect their own houses"(PT pp. 9852-9853).
1450 - Witness WW, PT pp. 9719-9721.
1451 - P345.
1452 - Witness QQ, PT p. 8936.
1453 - The witness Baggesen went to the municipality of Visoko a few days after the events and personally noted that there were 18,908 refugees there, including 1,038 from the municipality of Kiseljak from the villages of Svinjarevo, Jehovac, Gromiljak, Behrici, Gomionica and Bilalovac (PT p. 2010; P94).
1454 - As witness LL said: "Only Muslim houses, exclusively Muslim houses, not a single Croat house was ever on fire. In the village of Gomionica, which was a Muslim village, there were several Croat houses, maybe two or three, and they remained standing, not a single bullet was shot at them. The targets were only Muslim houses"(PT p. 8069).
1455 - Witness LL, PT p. 8026, p. 8050; witness WW, PT p. 9705.
1456 - Witness Meijboom, PT. p. 10131.
1457 - P95.
1458 - P95.
1459 - Witness Lanthier, PT p. 8289.
1460 - Witness Lanthier, PT p. 8289.
1461 - Witness Liebert, PT, pp. 8753-8754.
1462 - Witness Liebert, PT, p. 8866 (emphasis added).
1463 - Witness Landry, PT pp. 7542-7543. See also P298.
1464 - Witness Christie, PT p. 7857 (emphasis added).
1465 - Witness Christie, PT p. 7857 (emphasis added).
1466 - Witness Lanthier, PT p. 8293 (emphasis added).
1467 - Witness Lanthier, PT pp. 8337-8338 (emphasis added).
1468 - Witness Lanthier, PT p. 8293 (emphasis added).
1469 - Witness Baggesen. PT of 22 August 1997, p. 1967. Witness LL also maintained that the attacks were "followed by ethnic cleansing and evictions" (PT p. 8046).
1470 - Prosecutor’s Brief, book VII, para. 2.204.
1471 - Prosecutor’s Brief, para. 2.210.
1472 - Prosecutor’s Brief, paras. 2.204 and 2.207.
1473 - Prosecutor’s Brief, para. 2.252.
1474 - Prosecutor’s Brief, para. 2.204.
1475 - Prosecutor’s Brief, para. 2.208.
1476 - Prosecutor’s Brief, para. 2.209.
1477 - Defence Brief, book VI, N, p. 403.
1478 - Defence Brief, book VI, N, pp. 403-406.
1479 - Defence Brief, book VI, N, p. 403, p. 405.
1480 - Defence Brief, book VI, N, p. 406.
1481 - Defence Brief, book VI, N, p. 407.
1482 - Defence Brief, book VI, N, pp. 408-409.
1483 - Defence Brief, book VI, N, pp. 409-410.
1484 - Defence Brief, book VI, N, p. 409.
1485 - Defence Brief, book VI, N, p. 410.
1486 - Defence Brief, book VI, N, p. 412.
1487 - Defence Brief, book VI, N, p. 412.
1488 - Defence Brief, book VI, N, p. 413.
1489 - Defence Brief, book VI, N, pp. 412-419.
1490 - Defence Brief, book VI, N, p. 415.
1491 - Defence Brief, book VI, N, p. 415.
1492 - D299.
1493 - D300.
1494 - D299.
1495 - D299.
1496 - D299.
1497 - D300.
1498 - D300 (emphasis added).
1499 - D300 (emphasis added).
1500 - D300 (emphasis added).
1501 - D299 (emphasis added).
1502 - D299 (emphasis added). These same affirmations are also to be found in the combat orders issued at 18:45 hours and 21:40 hours on 19 April. The first states that "StChe future of all Croats of Busovaca, Travnik, Vitez and Novi Travnik depends upon your success, whereas in Zenica /words illegible/ in any concentration camp, particularly in Gornja Zenica, where our people who fled from the centre of Zenica are being slaughtered even today. There is a massacre" (P456/49) (emphasis added). The second asserts that "SaCt the moment, the Croatian people of Zenica are going through a most critical period. They are literally being slaughtered" (P456/50).
1503 - D299.
1504 - D299.
1505 - D300.
1506 - D300 (emphasis added).
1507 - Witness Blaskic, PT pp. 21699-21700.
1508 - D306.
1509 - General Blaskic was in Kiseljak on the day the order was issued (witness Blaskic, PT pp. 21700-21701).
1510 - P510 (emphasis added).
1511 - P510 (emphasis added).
1512 - D300.
1513 - D300.
1514 - D300. Paragraph 10 of the order states: "Begin the operation on 18 April 1993 at 0530 hours".
1515 - P456/49.
1516 - P456/50.
1517 - P456/49.
1518 - P456/50.
1519 - Witness Lanthier affirmed that "[...] the HVO had excellent communications among the various locations of its headquarters, particularly the presence of telephones and civilian lines, because the PPT building was under HVO control in Kiseljak and those telephone lines were working so they could use telephones to communicate. They could use faxes. [...] Also, that there were high frequency antennae, and there were also telephones that showed that there were satellite dishes on the roofs of the headquarters. I saw all of that and so they could see that there was a great deal of possibility to maintain communications among the various headquarters, which allowed the commander to exercise commander control over his troops" (PT p. 8333). According to witness Liebert: "[...] what I did see was the – what I would say was symptomatic of an effective chain of command and communication system" (PT p. 8797). Witness Morsink also pointed out that the HVO soldiers "[...] had good telephone communications, they had good fax communications, and I saw several HVO officers carrying small portable radios, so I think also the communication part was well-organised. They controlled all the switching stations of the telephone lines, so they could, in fact, decide who was having connections, who not" (PT p. 9909).
1520 - D305, D306, D323.
1521 - Cf. P456/68.
1522 - Cf. P456/53, P456/64, P456/68.
1523 - P380 (emphasis added). The Trial Chamber interprets the statement as a reflection of the actual situation and, not as the Defence preferred, as a propaganda operation to maintain the HVO troops’ morale.
1524 - P224; witness Veseljak, PT of 22 January 1998, p. 5946.
1525 - P221/10. P221/11, P221/13, P221/14, P221/15; witness Veseljak, PT of 22 January 1998, p. 5946.
1526 - P220, P221; witness Beganovic, PT of 21 January 1998, pp. 5899-5901; witness Veseljak, PT of 22 January 1998, pp. 5944-5945.
1527 - P221 and P224.
1528 - Witness Baggesen, PT of 22 August 1997, pp. 1941-1942; witness W, PT p. 6103.
1529 - Prosecutor’s Brief, book 5, pp. 135-136.
1530 - Defence opening statement, PT p. 11236-11237.
1531 - Prosecutor’s Brief, book 7, p. 70.
1532 - Witness Baggesen, PT of 22 August 1997, PT pp. 1940-1941; witness W, PT pp. 6019-6020.
1533 - Witness Baggesen, PT of 22 August 1997, PT pp. 1940-1941; witness Veseljak, PT pp. 5592-5593; witness W, PT p. 6027.
1534 - Prosecutor’s Brief, book 5, p. 142 and book 7, p. 70.
1535 - Prosecutor’s Brief, book 7, pp. 72-73.
1536 - Defence opening statement, PT pp. 11237-11238.
1537 - Defence opening statement, PT p. 11237-11238; Defence Brief, p. 92.
1538 - Witness Blaskic, PT pp. 18985-18986.
1539 - Witness Blaskic, PT pp. 18988-18989.
1540 - Defence Brief, pp. 92 and 93.
1541 - Witness Jankovic, PT pp. 17254-17259.
1542 - Witness Jankovic, PT pp. 17276-17283.
1543 - The inverse would equally be true: if one were to suppose that the ABiH were responsible for the break out of the conflict on 16 April 1993, the Croatian forces would evidently have wanted to conduct a terrorisation operation to halt the Muslim attacks.
1544 - See for example P230.
1545 - D526 and C1.
1546 - PT p. 17337.
1547 - Second amended indictment, para. 12.
1548 - Second amended indictment, paras. 13-14.
1549 - The unlawful detention of these persons is not specified in the indictment. See also the Prosecutor’s Brief, book 6, VIII, 2.2.
1550 - Prosecutor’s Brief, book 6, IX, 6-7.
1551 - Defence Brief, IX, B.
1552 - Defence Brief, IX, D.
1553 - Defence Brief, IX, F.
1554 - The prisoners in Kaonik did not originate solely from the Municipality of Busovaca. Witness Y, for example, was arrested in Vitez and detained at the cultural centre in the town. Then, along with 13 other detainees, he was transferred to Kaonik prison where he remained from 5 to 14 May 1993. PT pp. 6509-6511.
1555 - Witness Nuhagic, PT pp. 5214-5215, pp. 5228-5229, pp. 5247-5248; witness T, PT pp. 5769-5770, pp. 5771-5805.
1556 - Witness Leach, PT of 27 June 1997, PT p. 259; witness Nuhagic, PT pp. 5228-5229.
1557 - Witness T, PT pp. 5771-5772; witness Nuhagic, PT pp. 5228-5229.
1558 - Witness Mcleod, PT p. 6388.
1559 - Witness Nuhagic, PT pp. 5215-5217, pp. 5228-5229; witness T, PT pp. 5804-5806.
1560 - Witness BB, PT pp. 6677-6678, pp. 6681-6682.
1561 - Witness Y, PT pp. 6522-6523.
1562 - Witness U, PT pp. 5880-5882. The Trial Chamber notes that the Trial Chamber seised of the Aleksovski case reached the same conclusion. Aleksovski Judgement, para. 228.
1563 - Witness U, PT pp. 5877-5880; witness Z, PT pp. 6594-6596.
1564 - Witness BB, PT pp. 6684-6685.
1565 - Witness BB, PT pp. 6686-6688.
1566 - Witness BB, PT pp. 6684-6685.
1567 - Witness Z, PT pp. 6594-6596.
1568 - Witness MM, PT p. 8229; witness Friis-Pedersen, PT pp. 5485-5486.
1569 - Witness Friis-Pedersen, PT pp. 5485-5486.
1570 - Witness AA, PT p. 6619, pp. 6652-6653; witness DD, PT pp. 7035-7038, pp. 7058-7059; witness JJ, PT pp. 7393-7394, pp. 7410-7411.
1571 - Witness Lanthier, PT p. 8303.
1572 - Witness TT, PT pp. 9332-9334.
1573 - Witness TT, PT pp. 9332-9334, p. 9348.
1574 - In fact, up until March, witness TT, PT pp. 9334-9335.
1575 - Witness DD, PT pp. 7050-7051; witness AA, PT pp. 6656-6658.
1576 - Witness AA, PT p. 6655; witness TT, PT p. 9342.
1577 - Witness TT, PT p. 9342.
1578 - Witness TT, PT p. 9342.
1579 - Witness OO, PT p. 8657.
1580 - Witness OO, PT p. 8657.
1581 - Witness Zeco, PT of 26 September 1997, pp. 2808-2810; witness D, PT of 24 September 1997, pp. 2700-2701; witness Beso, PT of 26 August 1997, PT p. 2217, p. 2219.
1582 - Witness Leach, PT of 27 June 1997, pp. 272-273.
1583 - Witness Zeco, PT of 26 September 1997, pp. 2809-2811.
1584 - Witness D, PT of 24 September 1997, pp. 2700-2701.
1585 - Witness Zeco, PT of 26 September 1997, pp. 2818-2819.
1586 - Witness Zeco, PT of 26 September 1997, pp. 2818-2819.
1587 - P32, witness Zeco, PT of 26 September 1997, pp. 2818-2819; witness Leach, PT of 27 June 1997, pp. 272-274.
1588 - Witness Sefkija Djidic, PT of 29 July 1997, pp. 1226-1227; witness HH, PT p. 6836.
1589 - Witness Zeco, PT of 26 September 1997, pp. 2819-2820; witness XX, PT p. 10466 and pp. 10468-10469.
1590 - Witness Fatima Ahmic, PT pp. 3967-3968; witness G, PT pp. 3867-3868.
1591 - Witness Fatima Ahmic, PT pp. 3967-3968.
1592 - Witness Elvir Ahmic, PT pp. 3265-3268; witness Fatima Ahmic, PT pp. 3967-3970.
1593 - Witness Leach, PT of 27 June 1997, pp. 272-273.
1594 - Witness Blaskic, PT pp. 22469-22470.
1595 - Witness Y, PT p. 6509, pp. 6512-6514; witness Beso, PT of 26 August 1997, p. 2232; witness Pezer, PT of 19 August 1997, pp. 1570-1571.
1596 - Witness Mujezinovic, PT of 20 August 1997, p. 1711.
1597 - Witness Y, PT p. 6509; witness Beso, PT of 26 August 1997, p. 2232.
1598 - Witness Y, PT p. 6510.
1599 - Witness Pezer, PT of 19 August 1997, pp. 1577-1578.
1600 - Witness Y, PT p. 6510.
1601 - Witness Hrustic, PT p. 4791.
1602 - Witness Hrustic, PT pp. 4815-4817.
1603 - Witness Hrustic, PT pp. 4818-4819; witness ZZ, PT pp. 10845-10846.
1604 - Witness ZZ, PT pp. 10845-10846.
1605 - Witness ZZ, PT pp. 10846-10847; witness Hrustic, PT pp. 4825-4826.
1606 - Witness Kavazovic, PT of 26 August 1997, pp. 2319-2321.
1607 - Witness Pezer, PT of 19 August 1997, pp. 1570-1571; witness Zeco, PT of 26 September 1997, p. 2816; witness G, PT pp. 3868-3869; witness Kavazovic, PT of 26 August 1997 pp. 2320-2321.
1608 - Witness Zeco, PT of 26 September 1997, pp. 2817-2818; witness XX, PT pp. 10470-10471; witness Y, PT p. 6515.
1609 - Witness D, PT of 24 September 1997, pp. 2704-2705.
1610 - Witness D, PT of 24 September 1997, pp. 2707-2708.
1611 - In general the maximum stay in detention within a single facility does not seem to have been extremely long: Kaonik – 2 months; Kiseljak barracks – 2 months; Rotilj – 2 months; veterinary station – 4 days; Dubravica school – 20 days; cultural centre - 2 weeks; Gacice – 16 days; and, finally, the SDK building – a few days.
1612 - For example, after the HVO attack in April, witness DD was forced to remain in his village. He was interned in Rotilj village from 6 September to 20 September and then in the Kiseljak barracks until 30 September. He then dug trenches for a month at Kresevo before again being interned at the Kiseljak barracks until 15 November. In the end, he was interned in Rotilj village until he was exchanged on 14 January 1994, witness DD, PT pp. 7035-7060. Likewise, between April and 6 November 1993, witness JJ was interned in his village, in Rotilj and at the Kiseljak barracks. Witness JJ, PT p. 7399, p. 7405, pp. 7410-7411, p. 7421. Lastly, witness TT was detained from June 1993 until March 1994 in various locations, including the Kiseljak barracks. Witness TT, PT pp. 9328-9335.
1613 - Second amended indictment, para. 15.
1614 - Prosecutor’s Brief, book 6, IX, 8.
1615 - Defence Brief, IX, C.
1616 - Witness Muhamed Mujezinovic, PT of 20 August 1997, pp. 1673-1674, pp. 1705-1722.
1617 - Witness Muhamed Mujezinovic, PT of 20 August 1997, p. 1707.
1618 - This part of the testimony is corroborated by witness Y, PT p. 6656.
1619 - P86.
1620 - Second amended indictment, para. 16.
1621 - Prosecutor’s Brief, book 6, IX, 9.
1622 - P187; D273; witness Marin, PT pp. 12307-12309 ; PT pp. 24084-24085.
1623 - Witness Hrustic, PT pp. 4809-4816; witness ZZ, PT pp. 10844-10845.
1624 - Witness Hrustic, PT pp. 4814-4815.
1625 - Witness Hrustic, PT pp. 4814-4816.
1626 - Witness Hrustic, PT pp. 4815-4816.
1627 - Prosecutor’s Brief, book 7, XII, 3.
1628 - Prosecutor’s Brief, book 7, XIV, 3.
1629 - Defence Brief, IX.
1630 - Witness T, PT pp. 5770-5771; witness Zeco, PT of 26 September 1997, pp. 2809-2810.
1631 - Witness TT, PT pp. 9330-9331.
1632 - Witness Djula Djidic, PT pp. 4344-4345; witness Z, PT pp. 6595-6596.
1633 - Witness Blaskic, PT p. 21299.
1634 - D523.
1635 - PT pp. 24020-24021.
1636 - Defence Brief, IX, A.1 and G.
1637 - Witness Blaskic, PT pp. 21659-21660.
1638 - The delay between Blaskic’s order and the actual release of the prisoners has nothing to do with Blaskic’s authority over his subordinates but was down to the involvement of the Red Cross. Witness Blaskic, PT pp. 21660-21661.
1639 - Witness Nuhagic, PT pp. 5216-5217.
1640 - General Blaskic issued orders to the prison wardens directly and in particular to the warden of the Busovaca district military prison, D373 and D391, witness Mcleod, PT p. 6387.
1641 - General Blaskic even had his headquarters there, witness Friis-Pedersen, PT pp. 5485-5486.
1642 - Witness Leach, PT of 27 June 1997, p. 262.
1643 - Witness Lanthier, PT p. 8260, pp. 8299-8300.
1644 - Witness Blaskic, PT pp. 22225-22226.
1645 - Witness Blaskic, PT pp. 22226-22227.
1646 - Witness Duncan, PT pp. 9061-9063; witness Lanthier, PT pp. 8260-8265; D333 and D334, General Blaskic ordered captured civilians be treated humanely; D366, General Blaskic ordered that the civilians be released and provided with security.
1647 - Defence Brief, IX, A.3.
1648 - Witness Marin, PT pp. 13822-13823 , pp. 8898-8901; witness Blaskic, PT pp. 21808-21811.
1649 - Defence Brief, IX, F.
1650 - Defence Brief, IX, F.
1651 - Witness Mcleod, PT pp. 6384-6387.
1652 - Witness Zeco, PT of 26 September 1997, pp. 2826-2827; witness Morsink, PT pp. 9895-9897.
1653 - Witness Buffini, PT pp. 5576-5577.
1654 - Witness Blaskic, PT p. 22773.
1655 - P715; P716; P717 .
1656 - Witness Blaskic, PT pp. 22469-22470, pp. 22475-22476.
1657 - Witness Blaskic, PT pp. 22475-22477.
1658 - D242.
1659 - The Trial Chamber notes that on 19 and 20 April 1993, the ABiH was successfully attacking the HVO which was in a difficult military situation; P242; witness Walters, PT p. 3406.
1660 - Witness Blaskic, PT pp. 22463-22464.
1661 - Witness Hrustic, pp. 4815-4816.
1662 - Witness Hrustic, pp. 4814-4815.
1663 - Witness Marin, pp. 13567-13568.
1664 - Article 23 of the Statute and Rule 101 of the Rules.
1665 - Sentencing Judgement, The Prosecutor v. Drazen Erdemovic, Case no. IT-96-22-T, 29 November 1996 (hereinafter the "Erdemovic Sentencing Judgement of 29 November 1996"), para. 40; Judgement and Sentence, The Prosecutor v. Jean Kambanda, Case no. ICTR-97-23-S, 4 September 1998 (hereinafter the "Kambanda Judgement and Sentence"), para. 23; Furundzija Judgement, para. 285; Aleksovski Judgement, para. 242; Sentence, The Prosecutor v. Jean Paul Akayesu, Case no. ICTR-96-4-T, 2 October 1998 (hereinafter the "Akayesu Sentence"), paras. 12-14; Sentence, The Prosecutor v. Clément Kayishema and Obed Ruzindana, Case no. ICTR-95-1-T, 21 May 1999 (hereinafter the "Kayishema-Ruzindana Sentence"), paras. 5-7.
1666 - Chapter XVI of the Criminal Code of the former Yugoslavia "Crimes against peace and international law", Articles 141-156 and Articles 38 "Imprisonment", 41 "Sentences" and 48 "Concurrence of offences". Crimes against peace and international law were subject to 5 to 15 years in prison or the death penalty, or twenty years in prison where the death sentence is replaced by a prison sentence or for aggravated murder.
1667 - Article 41(1) of the Criminal Code of the SFRY: "For a given offence, the court shall set the limits prescribed by law for the offence and shall consider all the circumstances which might influence the severity of the penalty (mitigating and attenuating circumstances) and, in particular: the level of criminal responsibility, the motives for the offence, the intensity of the threat or assault on the protected object, the circumstances under which the offence was committed, the previous history of the perpetrator of the offence, his personal circumstances and conduct subsequent to the perpetration of the offence and any other circumstances relating to the character of the perpetrator."
1668 - Celebici Judgement, para. 1234.
1669 - Sentencing Judgement, The Prosecutor v. Dusko Tadic, Case no. IT-94-1-Tbis-R117, 11 November 1999 (hereinafter the "Tadic Appeals Sentencing Judgment"), para. 7.
1670 - Tadic Appeals Sentencing Judgment, para. 9; Celebici Judgement, paras. 1231 and 1234; Furundzija Judgement, para. 288; Kayishema-Ruzindana Sentence, para. 2; Sentence, The Prosecutor v. Omar Serushago, Case no. ICTR-98-39-S, 5 February 1999 (hereinafter the "Serushago Sentence"), para. 20; Akayesu Sentence, para. 19; Kambanda Judgement and Sentence, para. 28.
1671 - Erdemovic Sentencing Judgement of 29 November 1996, para. 65.
1672 - Furundzija Judgment, para. 289.
1673 - PT pp. 20186-20187.
1674 - Article 7(4) of the Statute and Rule 101(B)(ii) of the Rules.
1675 - Sentencing Judgement, The Prosecutor v. Dusko Tadic, Case no. IT-94-1-T, 14 July 1997, (hereinafter the "Tadic Sentencing Judgment"), para. 70: "the Trial Chamber cannot ignore these events, how they may bear on the offences of Dusko Tadic, and how they illuminate his role and thus his personal circumstances", and para. 72: "the virulent propaganda that stoked the passions of the citizenry [...] was endemic and contributed to the crimes committed in the conflict".
1676 - Celebici Judgement, para. 1248: "It is relevant, and crucial, to take into account the circumstances in which the events occurred as well as the social pressures and hostile environment within which the accused was operating". For application in each instance: para. 1245 (Mucic) and 1283-1284 (Landzo).
1677 - Aleksovski Judgement, para. 6.
1678 - Lafave and Israel, Criminal Procedure (1991), p. 1102, quoted from the Tadic Sentencing Judgement, para. 61.
1679 - Sub-rule 67(A)(ii) of the Rules.
1680 - Kambanda Judgement and Sentence, para. 54: "The Trial Chamber has furthermore been requested to take into account in favour of Jean Kambanda that his guilty plea has also occasioned judicial economy, saved victims the trauma and emotions of trial and enhanced the administration of justice".
1681 - Sub-rule 101(B)(ii) of the Rules.
1682 - Erdemovic Sentencing Judgement of 29 November 1996, para. 99-101 and the Sentencing Judgement, The Prosecutor v. Drazen Erdemovic, Case no. IT-96-22-Tbis, 5 March 1998 (hereinafter the "Erdemovic Sentencing Judgement of 5 March 1998"), para. 16 (iv); Kambanda Judgement and Sentence, para. 47.
1683 - Celebici Judgement, para. 1279: "the Trial Chamber does not consider any attempt at plea bargaining to be a mitigating factor in the matter of sentencing".
1684 - And especially when it has contributed not only to the disclosure of information which is new or corroborates known information but also to the identification of other perpetrators of crimes (against whom the accused agrees to testify during their trial).
1685 - Kambanda Judgement and Sentence, para. 47; the Erdemovic Sentencing Judgement of 5 March 1998, para. 16 (iv).
1686 - Erdemovic Sentencing Judgement, paras. 96-98; Erdemovic Sentencing Judgement of 5 March 1998, para. 16.
1687 - Akayesu Sentence, para. 35(i).
1688 - Serushago Sentence, paras. 40-41.
1689 - Kambanda Judgement, para. 51.
1690 - Judgement, The Prosecutor v. Goran Jelisic, Case no. IT-95-10-T, 14 December 1999 (hereinafter the "Jelisic Judgement"), para. 127.
1691 - PT pp. 17286-17287.
1692 - Serushago Sentence, para. 34.
1693 - Kupreskic Judgement, para. 853: "The fact that Zoran Kupreskic and Mirjan Kupreskic voluntarily surrendered [...] is a factor in mitigation of their sentence"; cf. also paras. 860 and 863.
1694 - P380; witness Duncan, PT pp. 1198-1199.
1695 - Witness Blaskic, PT pp. 18935-18937 and p. 18948.
1696 - Furundzija Judgement, para. 284: 23 years; Celebici Judgement, para. 1283: Landzo 19 years; Erdemovic Sentencing Judgement of 29 November 1996, para. 109 and Erdemovic Sentencing Judgement of 5 March 1998, para. 16 (iv): 23 years.
1697 - Serushago Sentence, para. 39; Kayishema-Ruzindana Sentence, para. 12 (Ruzindana).
1698 - Erdemovic Sentencing Judgement of 29 November 1996, para. 110 and Erdemovic Sentencing Judgement of 5 March 1998, para. 16 (i).
1699 - Erdemovic Sentencing Judgement of 5 March 1998, para. 16 (i); Akayesu Sentence, para. 35 (iii). A contrario, see the Celebici Judgement, para. 1256.
1700 - Celebici Judgement, para. 1270; Erdemovic Sentencing Judgement of 5 March 1998, para. 16 (i); Serushago Sentence, para. 37 (v): assistance to victims; Akayesu Sentence, para. 35 (ii).
1701 - On 5 November 1993 (PT pp. 19851-19852).
1702 - Furundzija Judgement, para. 284. Having recalled the personal mitigating circumstances, the Trial Chamber notes: "this may be said of many accused persons and cannot be given any significant weight in a case of this gravity".
1703 - Tadic Sentencing Judgement, para. 11 and the detailed description of the bodily harm given in the third part of the Tadic Judgement; Kayishema-Ruzindana Sentence, para. 18; Celebici Judgement, paras. 1260-1267 and paras. 1272-1276.
1704 - Tadic Sentencing Judgement, paras. 11-55. The Trial Chamber reviewed in detail the circumstance surrounding each offence and the role of the accused in each of them by performing a victim by victim analysis which ultimately resulted in particular in highlighting the number of victims. Erdemovic Sentencing Judgement of 5 March 1998, para. 15. Kambanda Judgement and Sentence, para. 42: "The magnitude of the crimes involving the killing of an estimated 500,000 civilians in Rwanda, in a short span of 100 days constitutes an aggravating fact" (removed); Kayishema-Ruzindana Sentence, para. 26: passing down a more severe sentence on Kayishema was justified, inter alia, by the fact that he was found guilty on 4 counts of genocide (compared to 1 for Ruzindana).
1705 - Aleksovski Judgement, para. 235; in the instance, the Trial Chamber did not retain "repeated malice". A contrario, had it been established, there is no doubt that it would have been regarded as an aggravating factor.
1706 - Erdemovic Sentencing Judgement of 29 November 1996, para. 85 and Erdemovic Sentencing Judgement of 5 March 1998, para. 15; Kambanda Sentence, para. 42; Akayesu Sentence, para. 26 (iv).
1707 - Tadic Sentencing Judgement, para. 45.
1708 - Celebici Judgement, para. 1235.
1709 - Ibid. para. 1269 and para. 1281.
1710 - Ibid. para. 1235.
1711 - Furundzija Judgement, para. 283.
1712 - Ibid. and Tadic Sentencing Judgement, para. 56; Celebici Judgement, para. 1268.
1713 - Celebici Judgement, paras. 1226, 1260 and 1273.
1714 - Tadic Sentencing Judgement, para. 56.
1715 - Ibid., para. 29: "While Dusko Tadic was not found guilty of having killed any of the prisoners, his participation in the beating of prisoners encouraged the beating of other prisoners by camp guards and visitors in such circumstances that death could and in fact did result, which aggravates the nature of his crime".
1716 - Eichmann case, 29 May 1962, 36, ILR, 1968, p. 237: "The degree of responsibility generally increases as we draw further away from the man who uses the fatal instrument with his own hands and reach the higher level of commands".
1717 - Serushago Sentence, para. 29: "He was a de facto leader of the Interahamwe in Gisenyi. Within the scope of the activities of these militiamen, he gave orders which were followed"; Akayesu Sentence, para. 36(ii).
1718 - Kambanda Judgement, paras. 44, 61, 62; Akayesu Sentence para. 26.
1719 - Kupreskic Judgement, para. 862; Furundzija Judgement, para. 283 and Celebici Judgement, paras. 1240-1243 and para. 1268.
1720 - Celebici Judgement, paras. 1219-1220.
1721 - Ibid. para. 1250.
1722 - Discussion, The Prosecutor v. Dusko Tadic, Case no. IT-94-1-A and IT-94-1-Abis (hereinafter the "Judgement in Sentencing Appeals"), paras. 55-57.
1723 - Taking into account abuse of command authority as an aggravating circumstance results in raising the sentence of a superior to at least the same level if not higher.
1724 - Furundzija Judgement, paras. 281-282.
1725 - Celebici Judgement, para. 1252.
1726 - Tadic Sentencing Judgement, para. 57 and Tadic Appeals Sentencing Judgment, para. 20: in determining the sentence the Chamber took into account the fact that Tadic knew of the attack upon the non-Serb civilian population and his enthusiastic support for the attack.
1727 - Kambanda Sentence, para. 61(B)(vi); Akayesu Sentence, para. 36(i); Serushago Sentence, para. 30; Kayishema-Ruzindana Sentence, para. 13.
1728 - Judgement, The Prosecutor v. Drazen Erdemovic, Case no. IT-96-22-A, 7 October 1997 (hereinafter the "Erdemovic Judgement"), Joint Separate Opinion of Judge McDonald and Judge Vohrah, paras. 20-27 and Separate and Dissenting Opinion of Judge Li; Erdemovic Sentencing Judgement of 5 March 1998, Separate Opinion of Judge Shahabuddeen; Tadic Appeals Sentencing Judgment, Separate Opinion of Judge Robinson.
1729 - Erdemovic Judgement, para. 21: "It is in their very nature that crimes against humanity differ in principle from war crimes. Whilst rules proscribing war crimes address the criminal conduct of a perpetrator towards an immediate protected object, rules proscribing crimes against humanity address the perpetrator’s conduct not only towards the immediate victim but also towards the whole of humankind" (emphasis added) and the Erdemovic Sentencing Judgement of 29 November 1996: "But crimes against humanity also transcend the individual because when the individual is assaulted, humanity comes under attack and is negated. It is therefore the concept of humanity as victim which essentially characterises crimes against humanity".
1730 - Erdemovic Judgement, Separate and Dissenting Opinion of Judge Li, para. 26 and reference to definition given by Egon Schwelb in "Crimes against Humanity", 23 British yearbook of International Law (1946), p. 195; Tadic Appeals Sentencing Judgment, Separate Opinion of Judge Robinson, page 9.
1731 - Erdemovic Judgement, Joint Separate Opinion of Judge MacDonald and Judge Vohrah, para. 21 and reference to the analysis of the legal ingredients of a crime against humanity made in the Tadic Sentencing Judgement.
1732 - Ibid., Separate and Dissenting Opinion of Judge Li, para. 19-20.
1733 - An assessment of the seriousness of crimes is made "all things being equal".
1734 - Tadic Appeals Sentencing Judgment, Separate Opinion of Judge Robinson, p. 2: "That decision of the Appeals Chamber in Erdemovic, which is discussed in this Sentencing Judgment ("Judgment"), is, of course, binding on Trial Chambers as to the relative gravity of crimes against humanity and war crimes; and it is only because I am bound by it that I have concurred in those sections of this Judgment" (emphasis added).
1735 - Kambanda Sentence, para. 10-16.
1736 - Akayesu Sentence, paras. 3-11; Serushago Sentence, paras. 12-16; Kayishema-Ruzindana Sentence, para. 9.
1737 - Kambanda Judgement, para. 16: "The crime of genocide is unique because of its element of dolus specialis (special intent) which requires that the crime be committed with the intent ‘to destroy in whole or in part, a national, ethnic, racial or religious group as such’".
1738 - Ibid., para. 9.
1739 - Except for the sentences passed down on Serushago and Ruzindana.
1740 - Erdemovic Sentencing Judgement of 5 March 1998: if the sentence was reduced to 5 years for violations of the laws or customs of war from 10 years for a crime against humanity, the recharacterisation of the crime was not the sole decisive factor in determining the sentence, since in the Sentencing Judgement duress was selected as a decisive mitigating circumstance; cf. Separate Opinion of Judge Shahabuddeen, p. 10.
1741 - Tadic Judgement in Sentencing Appeals, para. 69. Also note the Separate Opinion of Judge Cassese.
1742 - Ibid., para. 69.
1743 - Celebici Judgement, para. 1226.
1744 - Erdemovic Judgement, para. 10; Kambanda Sentence, para. 29.
1745 - Tadic Sentencing Judgement, para. 76: "Minimum term recommendation"; Article 132-133 of the French Criminal Code.
1746 - Kambanda Sentence.
1747 - Serushago Sentence.