1 Monday, 7th December, 1998
2 (Open session)
3 --- Upon commencing at 11.15 a.m.
4 JUDGE JORDA: (Interpretation) Please be
5 seated. Registrar, have the accused brought in,
7 What is the number of the case, please? The
8 case number on our docket.
9 THE REGISTRAR: (Interpretation) This is
10 IT-98-33-I, the Prosecutor of the Tribunal against
11 Radislav Krstic.
12 JUDGE JORDA: (Interpretation) For the time
13 being, please be seated, Mr. Krstic.
14 Thank you. First of all, I would like to
15 have the representatives for both of the parties.
16 First, the Prosecution.
17 MS. HOLLIS: Good morning, Your Honours. I
18 am Brenda Hollis, and along with my colleagues
19 Mr. Peter McCloskey and Ms. Ann Sutherland. We appear
20 on behalf of the Prosecutor.
21 JUDGE JORDA: (Interpretation) Thank you.
22 Let me turn to Defence counsel for Mr. Krstic.
23 MR. PETRUSIC: (Interpretation) Mr. President
24 and distinguished members of the Tribunal, my name is
25 Nenad Petrusic, a lawyer from Belgrade, a member of the
1 Lawyers' Chamber and I have been chosen to defend
2 General Krstic.
3 JUDGE JORDA: (Interpretation) Thank you.
4 Today's hearing is an initial appearance which is
5 carried pursuant to the Rules of Procedure and Evidence
6 in effect of International Tribunal for the former
7 Yugoslavia and this always follows the arrest of an
9 In this case, the accused, Mr. Krstic, is now
10 going to rise and tell us his name, his given name, his
11 place and date of birth, his profession, and his
12 domicile up to the point of his arrest. Please,
14 THE ACCUSED: (Interpretation) My name is
15 General Lieutenant-Colonel Radislav. I am the
16 commander of the 5th Corps of the army of the Republika
17 Srpska. I was born on the 15th of February, 1948 in
18 Vlasenica, Bosnia-Herzegovina. Before I was arrested,
19 I performed the -- my duties in Sokolac and my family
20 lives in Belgrade.
21 JUDGE JORDA: (Interpretation) Thank you.
22 You may be seated for the time being. The
23 interpretation said General Colonel. Could you explain
24 that to me, please? Are you a General or are you a
25 Colonel in the Republika Srpska army?
1 THE ACCUSED: (Interpretation) I am
2 Lieutenant General of the army of the Republika
4 JUDGE JORDA: (Interpretation) Thank you.
5 You may be seated for the time being. Let me remind
6 you that further to the text in effect at the
7 International Criminal Tribunal, I had read some
8 relevant passages from the Statute, and will ask the
9 registrar to read the relevant passages from the Rules
10 of Procedure and Evidence.
11 I would like to recall that further to the
12 Statute of the International Criminal Tribunal,
13 specifically Articles 21 and 22, all persons against
14 whom indictments have been confirmed, which is the case
15 in here, and further to an order for a warrant of
16 arrest which is issued by the International Criminal
17 Tribunal to arrest, and the accused must be informed of
18 the accusations against that person and then to be
19 transferred to the International Criminal Tribunal,
20 which is the case today.
21 Furthermore, the Trial Chamber must read the
22 indictment, and to be sure that the rights of the
23 accused have been respected, to confirm that the
24 accused understood the contents of the indictment, and
25 ask him to plead guilty or not guilty, and the Trial
1 Chamber will then set the date for the trial.
2 There are other relevant passages relating to
3 the rights of the accused. That is Article 21(1), (2),
4 (3), (4); the person shall be informed of the charges
5 against him, informed promptly and in detail, in a
6 language which he understands, of the nature and cause
7 of the charge against him, to have adequate time and
8 facilities for the preparation of his defence and
9 communicate with counsel of his own choosing, and to be
10 tried, of course, without undue delay, to be tried in
11 his presence, and if he does not have counsel, to be
12 informed of his right to have counsel, and if he does
13 not, the Tribunal will assign one to him.
14 It is under those conditions that
15 Mr. Petrusic -- Mr. Petrusic, excuse me for
16 mispronouncing your name -- was appointed -- did the
17 Registry appoint you, Mr. Petrusic, or was it the
18 accused who appointed you? Please rise and tell us
19 under which conditions you were appointed.
20 MR. PETRUSIC: (Interpretation)
21 Mr. President, I was elected by General Krstic to act
22 as his Defence counsel, and if we're talking about
23 language, the official language of the Tribunal, and as
24 you have mentioned that Rule, I would like to say a few
25 words in that regard, if I may. If you will allow me
1 to do so.
2 You do? Thank you very much. I know that
3 according to the Rules of the Tribunal, the official
4 language used is English or French. I speak neither of
5 these two languages, but I do hope that this Trial
6 Chamber will allow me to use Serbian, the language that
7 the accused uses, and all further correspondence and
8 anything in writing, any written documents necessary
9 and any briefs will be in one of the official languages
10 of this Tribunal. So in that regard, there will be no
11 difficulty in communicating, that is, between the
12 Defence and the Tribunal. Thank you.
13 JUDGE JORDA: (Interpretation) Thank you.
14 Turning to the Prosecutor, will that cause any
15 problems, that is the fact that Defence counsel does
16 not speak either of the two official languages of the
18 MS. HOLLIS: Your Honours, given the
19 qualification that Defence counsel just announced, and
20 that is that pleadings, and correspondence and other
21 written submissions would be in one of the official
22 languages of the Tribunal, it would seem that the only
23 thing that would be only in the Serbian language would
24 be presentations made in court or in other proceedings,
25 and the Prosecution would have no objection to that.
1 JUDGE JORDA: (Interpretation) Very well.
2 Thank you. I think that there's no objection from my
3 colleagues. Under those conditions we can continue
4 with the hearing, provided for also in Rule 62 of our
5 Rules of Procedure and Evidence.
6 Turning to the registrar, we'll ask him to
7 read that Rule. Please read it slowly so the accused
8 can understand what is being said in his own language.
9 THE REGISTRAR: (Interpretation)
10 Rule 62, initial appearance of the accused. "Upon the
11 transfer of an accused to the seat of a Tribunal, the
12 President shall forthwith assign the case to a Trial
13 Chamber. The accused shall be brought before that
14 Trial Chamber without delay, and shall be formally
15 charged. The Trial Chamber shall:
16 (i) satisfy itself that the right of the
17 accused to counsel is respected;
18 (ii) read or have the indictment read to the
19 accused in a language the accused speaks and
20 understands, and satisfy itself that the accused
21 understands the indictment;
22 (iii) call upon the accused to enter a plea
23 of guilty or not guilty on each count; should the
24 accused fail to do so, enter a plea of not guilty on
25 the accused's behalf;
1 (iv) in case of a plea of not guilty,
2 instruct the registrar to set a date for trial;
3 (v) in case of a plea of guilty, act in
4 accordance with Rule 62 bis;
5 (vi) instruct the registrar to set such other
6 dates as appropriate."
7 JUDGE JORDA: (Interpretation) Thank you very
8 much. Of course, we will read Rule 62 bis only
9 depending upon the plea entered by General Petrusic. I
10 still don't understand if he's a General or Colonel,
11 because his Defence counsel gives him the rank of
12 General, he himself says Colonel.
13 All right. Let's move on. All right.
14 General Krstic. Thank you.
15 We are now going to move to reading the
16 indictment and this is how we will proceed. The
17 indictment will be read by the registrar, and when the
18 charges are read, I will ask the accused if he pleads
19 guilty or not guilty. First of all, I would like to be
20 sure, by asking Mr. Petrusic, whether as soon as the
21 accused arrived in the detention centre that the
22 indictment was given to the accused and that he
23 understood the contents of that indictment. Did he,
24 Mr. Petrusic?
25 MR. PETRUSIC: (Interpretation)
1 Mr. President, in the course of yesterday I spent 4
2 hours talking to my defendant. General Krstic has
3 received the indictment, he has understood the
4 indictment, so that at today's hearing he will be
5 pleading on all the counts contained in the
7 JUDGE JORDA: (Interpretation) Thank you,
8 Mr. Petrusic. The Prosecutor, to whom I will give the
9 floor, has informed the Trial Chamber that the
10 indictment that had been issued, among other things,
11 against General Krstic had been subject to an order for
12 non-disclosure from one of my colleagues who had
13 confirmed it.
14 This order for non-disclosure might also
15 involve other people indicted in this indictment and
16 that they be confirmed by the Judges as well. I give
17 the floor to the Prosecutor.
18 MS. HOLLIS: Yes, Your Honours, we would
19 remind you of the existing order that was issued by the
20 confirming Judge pursuant to Rule 53, and we would ask
21 that you confirm the ongoing nature of that order as to
22 any other co-accused that may exist.
23 JUDGE JORDA: (Interpretation) Are there any
24 comments from the Defence, Mr. Petrusic, while the
25 Judges deliberate quickly at the bench?
1 MR. PETRUSIC: (Interpretation) I have no
2 objections, Your Honour.
3 JUDGE JORDA: (Interpretation) All right.
4 Thank you. Let me consult with my colleagues.
5 Thank you to my colleagues. The Trial
6 Chamber, this morning, confirms that referring to
7 exceptional circumstances as covered by Rule 53(A)
8 says, "In exceptional circumstances, a Judge or a Trial
9 Chamber may, in the interests of justice, order the
10 non-disclosure to the public of any documents or
11 information until further order."
12 We can also, pursuant to Rule 53(C), "In
13 consultation with the Prosecutor, also order that
14 there be no disclosure of an indictment, or part
15 thereof, or have all or any part of any particular
16 document or information.
17 The Judges note that there is no objection
18 from the Defence, and that under those conditions the
19 registrar is now going to read the indictment against
20 Mr. Krstic, but only as regards the relevant parts for
21 the accused in this courtroom today.
22 Lastly, let me remind Mr. Krstic that when I
23 tell him to rise he will rise, and then the charge or
24 charges will be read. At that point I will ask you
25 whether you intend to plead guilty or not guilty.
1 After that, we will, in a public session, organise the
2 proceedings that will follow this hearing, which should
3 lead to the trial.
4 If there are no other comments, I will ask
5 the registrar to rise and to read the indictment
6 against -- excuse me, Mr. Petrusic. Yes, go ahead.
7 MR. PETRUSIC: (Interpretation) I apologise
8 to Your Honours and members of the Trial Chamber, but,
9 Mr. President, when the indictment has been read out
10 and when General Krstic pleads as to whether he is
11 guilty or not guilty, that he be allowed, because of
12 serious injuries, and I'll say a little more about that
13 later on, may he remain seated, because if he has to
14 get up, it will be difficult for him and I beg the
15 Court's indulgence in this matter.
16 JUDGE JORDA: (Interpretation) Any objection
17 from the Prosecution?
18 MS. HOLLIS: We have no objection, Your
20 JUDGE JORDA: (Interpretation) All right.
21 The accused may remain seated when he's asked to plead
22 guilty or not guilty. Now, turning to the registrar,
23 would you please read the indictment against the
24 accused this morning?
25 THE REGISTRAR: (Interpretation) This is
1 IT-98-33-I the Prosecutor against Radislav Krstic.
2 Indictment: The Prosecutor of the International
3 Criminal Tribunal for the former Yugoslavia, pursuant
4 to her authority under Article 18 of the Statute of the
5 Tribunal, charges Radislav Krstic with genocide, crimes
6 against humanity and violations of the laws or customs
7 of war as set together below.
8 Background: After armed conflict erupted in
9 the Republic of Bosnia and Herzegovina in the spring of
10 1992, Bosnian Serb military and paramilitary forces
11 occupied cities, towns and villages in the eastern part
12 of the country and participated in an ethnic cleansing
13 campaign which resulted in an exodus of Bosnian Muslim
14 civilians to enclaves in Srebrenica, Gorazde and Zepa.
15 On 16 April, 1993, the Security Council of
16 the United Nations, acting pursuant to Chapter VII of
17 its Charter, adopted Resolution 819, in which it
18 demanded that all parties to the conflict in the
19 Republic of Bosnia and Herzegovina treat Srebrenica and
20 its surroundings as a safe area, which was to be free
21 from any armed attack or any other hostile act.
22 On or about 6 July, 1995, units of the Drina
23 Corps of the Bosnia Serb army, the VRS, shelled
24 Srebrenica and attacked Dutch-manned United Nations
25 observation posts which were located in the safe area.
1 The Drina Corps attack on the Srebrenica safe area
2 continued through 11 July, 1995, when forces from the
3 Drina Wolves, the Bratunac Brigade and other units of
4 the VRS entered Srebrenica.
5 The Bosnian Muslim men, women and children
6 who were in Srebrenica after the beginning of the VRS
7 attack took two courses of action. Several thousand
8 women, children, and some mostly elderly men fled to
9 the UN compound in Potocari, located within the safe
10 area of Srebrenica, where they sought the protection of
11 the Dutch battalion. The Bosnian Muslim civilians
12 remained in and around Potocari from 11 July until 13
13 July, 1995, when they were evacuated by buses and
14 trucks under the control of the VRS.
15 A second group of approximately 15,000
16 Bosnian Muslim men, with some women and children,
17 gathered at Susnjari village near Srebrenica during the
18 evening of 11 July, 1995, and fled, in a huge column,
19 through the woods towards Tuzla. Approximately
20 one-third of this group consisted of armed Bosnian
21 Muslim military personnel. The rest were unarmed
22 military personnel and civilians.
23 On or about 12 July, 1995, Ratko Mladic and
24 Radislav Krstic, as well as other VRS and Bosnian Serb
25 civilian representatives, met in the motel Fontana in
1 Bratunac with Dutch military officers and
2 representatives of the Bosnian Muslim refugees from
3 Potocari. At this meeting, Ratko Mladic explained to
4 the group that he would supervise the evacuation of
5 refugees from Potocari and wanted to see all the
6 Bosnian Muslim men between approximately the ages of 16
7 and 60 to screen for possible war criminals.
8 On or about 12 July, 1995, in the presence of
9 Ratko Mladic and Radislav Krstic, approximately 50 to
10 60 buses and trucks arrived at the military compound in
11 Potocari. Shortly after the arrival of these vehicles,
12 the deportation process of Bosnian Muslim refugees
13 started. As Bosnian Muslim women, children and men
14 started to board the buses and trucks, Bosnian Serb
15 military personnel separated the men from the women and
16 children, and detained the men in and around Potocari.
17 Between the evening of 11 July 1995 and the
18 morning of 12 July 1995, the Bosnian Muslims who had
19 gathered in Susnjari formed a huge column and began
20 their trek through the woods towards Tuzla.
21 Bosnian Serb forces supported by armoured
22 personnel carriers, tanks, anti-aircraft guns and
23 artillery, positioned themselves along the
24 Bratunac-Milici road in an attempt to intercept the
25 column. Some of the armed members of the retreating
1 column of Bosnian Muslims engaged in combat with the
2 Bosnian Serb forces. Thousands of Bosnian Muslims from
3 the retreating column were captured by or surrendered
4 to Bosnian Serb military forces under the command and
5 control of Ratko Mladic and Radislav Krstic.
6 Between 11 July 1995 and 18 July 1995, VRS
7 forces under the command and control of Ratko Mladic
8 and Radislav Krstic participated in numerous incidents
9 of opportunistic killings of Bosnian Muslim men shortly
10 after they had been captured, as well as systematic
11 summary executions of Bosnian Muslim men who were
12 initially detained and then transported to various
13 execution sites throughout the territory under the
14 control of the VRS Drina Corps. The VRS forces under
15 the command and control of Ratko Mladic and Radislav
16 Krstic executed thousands of Bosnian Muslim men.
17 Between 10 July 1995 and 18 July 1995, the
18 VRS forces under the command and control of Ratko
19 Mladic and Radislav Krstic either expelled or killed
20 most of the members of the Bosnian Muslim population of
21 the Srebrenica enclave. As a result of these actions,
22 the VRS forces virtually eliminated the presence of any
23 Bosnian Muslims in the Srebrenica enclave area, thus
24 continuing an ethnic cleansing campaign which had begun
25 in the spring of 1992.
1 The Accused.
2 Radislav Krstic was a Lieutenant Colonel in
3 the JNA before the armed conflict in Bosnia and
4 Herzegovina. Krstic served as commander of the 2nd
5 Romanija Motorised Brigade, which was first a component
6 of the Sarajevo Romanija Corps but was later
7 transferred to the Drina Corps in 1992. He continued
8 to serve as the commander of the brigade until late
9 1994. From January 1995 through 14 July 1995, he was
10 Chief of Staff, Deputy Commander of the VRS Drina
11 Corps. He was promoted to the rank of General-Major in
12 June of 1995. On or before 14 July 1995, he assumed
13 command of the Drina Corps. His assumption of command
14 was publicly announced on 20 July 1995. In April 1998
15 he was promoted to the rank of Lieutenant Colonel
16 General and is currently the commander of the VRS 5th
17 Corps in Sokolac.
18 Superior Authority.
19 When the Srebrenica operation began on or
20 about 6 July 1995, Radislav Krstic held the rank of
21 General Major with the position of Chief of Staff,
22 Deputy Commander of the Drina Corps. As Chief of Staff
23 Deputy Commander of the Drina Corps, Radislav Krstic
24 was responsible for directing the activities of the
25 Corps staff. He was responsible for monitoring the
1 activities of all units and activities within the Corps
2 zone of responsibility, and also act as adviser to his
3 Corps Commander. As Chief of Staff he was concurrently
4 the Corps Deputy Commander, empowered to give orders on
5 behalf of the Commander in his absence, and to give
6 supplementing orders to insure implementation of the
7 Commander's orders. When Radislav Krstic became the
8 Commander of the Drina Corps on or before 14 July 1995,
9 his responsibilities increased to include planning and
10 directing the activities of all subordinate units in
11 his zone of responsibility and monitoring their
12 activities to insure his orders were implemented.
13 General Allegations.
14 At all times relevant to this indictment a
15 state of armed conflict existed in the Republic of
16 Bosnia and Herzegovina.
17 At all relevant times Radislav Krstic was
18 required to abide by the laws or customs governing the
19 conduct of war.
20 All acts and omissions charged as crimes
21 against humanity were part of a widespread or
22 systematic attack directed against the Bosnian Muslim
23 civilian population of Srebrenica and its
25 Radislav Krstic is individually responsible
1 for the crimes alleged against him in this indictment
2 pursuant to Article 7(1) of the Tribunal statute.
3 Individual criminal responsibility includes committing,
4 planning, instigating, ordering or otherwise aiding and
5 abetting in the planning, preparation or execution of
6 any crimes referred to in Articles 2 to 5 of the
7 Tribunal Statute.
8 Radislav Krstic is also, or alternatively,
9 criminally responsible as a commander for the acts of
10 his subordinates pursuant to Article 7(3) of the
11 Tribunal Statute. Such criminal responsibility is the
12 responsibility of a superior for the acts of his
13 subordinates if he knew or had reason to know that his
14 subordinate was about to commit such acts or had done
15 so and the superior failed to take the necessary and
16 reasonable measures to prevent such acts or to punish
17 the perpetrators thereof.
18 The general allegations contained in
19 paragraphs 14 through 18 are realleged and incorporated
20 into each of the charges set forth below.
22 Counts 1 and 2: Genocide. Complicity to
23 commit genocide.
24 Between about July 1995 and 1 November 1995,
25 Radislav Krstic, intending to destroy a part of the
1 Bosnian Muslim people as a national, ethnical or
2 religious group.
3 (a) killed members of the group, and
4 (b) caused serious bodily or mental harm to
5 members of the group.
6 Between about 11 July 1995 and 1 November
7 1995, Radislav Krstic planned, instigated, ordered or
8 otherwise aided and abetted in the planning,
9 preparation or execution of the opportunistic killings
10 of captured Bosnian Muslim men from the Srebrenica safe
11 area by VRS military personnel.
12 Between about 11 July 1995 and 1 November
13 1995, Radislav Krstic planned, instigated, ordered or
14 otherwise aided and abetted in the planning,
15 preparation or execution of a planned and organised
16 mass execution of thousands of captured Bosnian Muslim
17 men from the Srebrenica safe area.
18 The wide scale and organised killing of
19 Bosnian Muslim men which occurred in several different
20 locations in and around the Srebrenica enclave from 11
21 July 1995 until 18 July 1995 included:
22 Potocari: Between 12 July 1995 and 13 July
23 1995, VRS military personnel, under the command of
24 Radislav Krstic, summarily executed Bosnian Muslim men
25 at diverse locations around the UN compound at
1 Potocari where the Bosnian Muslim men had taken
3 Kravica: On or about 13 July 1995, VRS
4 soldiers, under the command of Radislav Krstic,
5 summarily executed hundreds of Bosnian Muslim men who
6 had been imprisoned in a large warehouse in the village
7 of Kravica. The VRS soldiers used automatic weapons,
8 hand grenades and other weaponry to kill the Bosnian
9 Muslims inside the warehouse.
10 Bratunac: Between 12 July 1995 and 14 July
11 1995, VRS military personnel, under the command of
12 Radislav Krstic, transported many of the Bosnian
13 Muslims who had been detained in Potocari or captured
14 along the Bratunac-Milici road to locations in and
15 around Bratunac where they were held in schools,
16 buildings and vehicles parked along the road. Between
17 12 July 1995 and 15 July 1995, VRS military personnel,
18 under the command of Radislav Krstic, participated in
19 numerous opportunistic killings of the detained Bosnian
20 Muslim men at various locations throughout Bratunac.
21 Tisca: On or about 12 July 1995 and 13 July
22 1995, VRS military personnel, under the command of
23 Radislav Krstic, transported the Bosnian Muslim women
24 and children who had been separated from male members
25 of their families in Potocari to an area near Tisca
1 village. Most of the Bosnian Muslim women and children
2 driven to Tisca were permitted to cross into Bosnian
3 Muslim territory. However, VRS military personnel,
4 under the command of Radislav Krstic, identified and
5 separated Bosnian Muslim men and some Bosnian Muslim
6 women. On or about 12 July 1995 and 13 July 1995, the
7 VRS military personnel forced the Bosnian Muslim men
8 and women to walk to a nearby school where they were
9 taunted and assaulted by VRS soldiers. On or about 13
10 July 1995 and 14 July 1995, VRS military personnel,
11 under the command of Radislav Krstic, loaded 25 Bosnian
12 Muslim men onto a truck, drove them to an isolated
13 pasture and summarily executed them.
14 Orahovac, near Lazete, on or about 14 July
15 1995, VRS military personnel, under the command of
16 Radislav Krstic, transported hundreds of Bosnian Muslim
17 men from in and around Bratunac to the Grbavci School
18 complex near Orahovac. On 14 July 1995, VRS military
19 personnel, under the command of Radislav Krstic,
20 summarily executed Bosnian Muslim men in and around the
21 school. That same day the VRS military personnel
22 transported the Bosnian Muslim men, many of whom were
23 blindfolded, from the Grbavci school to the nearby
24 village of Orahovac. Once there, VRS military
25 personnel, under the command of Radislav Krstic,
1 ordered the Bosnian Muslim men off the trucks and
2 executed them. Hundreds of Bosnian Muslim men were
3 killed. On or about 14 and 15 July 1995, VRS military
4 personnel, under the command of Radislav Krstic, used
5 heavy equipment to bury the victims in mass graves at
6 the execution site while the executions continued.
7 The dam near Petkovci: On or about 14 July
8 1995, VRS military personnel, under the command of
9 Radislav Krstic, transported hundreds of Bosnian Muslim
10 men from detention sites in Bratunac to the school at
11 Petkovci. On 14 July 1995, VRS military personnel,
12 under the command of Radislav Krstic, summarily
13 executed Bosnian Muslims in and around this school. On
14 or about the evening of 14 July 1995 and the early
15 morning hours of 15 July 1995, VRS military personnel,
16 under the command of Radislav Krstic, transported
17 several hundred Bosnian Muslim men from the school at
18 Petkovci to an area below the dam at Petkovci. These
19 people were unloaded from vehicles, led in small groups
20 to an open area and summarily executed by VRS military
21 personnel under the command of Radislav Krstic.
22 Cerska Valley: From on or about 14 July 1995
23 until about 21 July 1995, VRS military personnel, under
24 the command of Radislav Krstic, transported over 100
25 Bosnian Muslim men to an area along a dirt road in the
1 Cerska Valley, summarily executed them and covered them
2 with dirt.
3 Pilica: Between 14 and 16 July 1995, VRS
4 military personnel, under the command of Radislav
5 Krstic, transported hundreds of Bosnian Muslim men from
6 detention sites in Bratunac to the school at Pilica.
7 VRS military personnel, under the command of Radislav
8 Krstic, summarily executed many of the Bosnian Muslim
9 men who were being detained at the Pilica school.
10 Branjevo Farm: On or about 16 July 1995, VRS
11 military personnel, under the command of Radislav
12 Krstic, transported hundreds of Bosnian Muslim men from
13 the Pilica School to the Branjevo Farm. The Bosnian
14 Muslim men were unloaded from buses, led in small
15 groups to an open area and summarily executed with
16 automatic weapons by VRS soldiers from the 10th
17 Sabotage Detachment and other units. On or about 16
18 and 17 July 1995, the VRS military personnel, under the
19 command of Radislav Krstic, using heavy equipment,
20 buried hundreds of victims in a nearby mass grave.
21 Pilica Cultural Centre: On or about 16 July
22 1995, VRS military personnel, under the command of
23 Radislav Krstic, after participating in the Branjevo
24 Farm executions, travelled a short distance to the
25 village of Pilica. There, using automatic weapons and
1 hand grenades, VRS military personnel executed
2 approximately 500 Bosnian Muslim men inside the Pilica
3 Cultural Centre.
4 Kozluk: On or about 16 and 17 July 1995, VRS
5 military personnel, under the command of Radislav
6 Krstic, transported hundreds of Bosnian Muslim men to
7 an isolated place near Kozluk and summarily executed
8 them. On or about 18 July 1995, VRS military
9 personnel, under the command of Radislav Krstic, using
10 heavy equipment, buried the victims in a mass grave
12 During and after the opportunistic killings
13 and mass executions which occurred from 11 July until
14 18 July 1995, Radislav Krstic failed to investigate or
15 punish any of his VRS subordinates who were responsible
16 for the killings and executions. To the contrary,
17 Radislav Krstic and units under his command
18 participated in an organised and comprehensive effort
19 to conceal and cover up the killings and executions by
20 burying the bodies of the victims in isolated sites
21 scattered throughout a wide area.
22 When it became apparent that the
23 International Community had learned of the killings and
24 executions arising from the attack on the Srebrenica
25 safe area, Radislav Krstic and units under his command
1 participated in a second attempt to conceal the
2 killings and executions by digging up the bodies from
3 the initial mass graves and transferring them to
4 secondary graves. VRS military personnel or their
5 agents under the command of Radislav Krstic dug up the
6 following graves and transferred the bodies to
7 secondary sites. The Dam at Petkovci, Orahovac,
8 Branjevo farm, Kozluk, Glogova.
9 JUDGE JORDA: (Interpretation) Thank you,
10 registrar. I want to ask you to stop for a moment.
11 Let me turn to the accused.
12 Mr. Krstic, please remain seated. The counts
13 will now be read out, and at this point I'm going to
14 ask you, as my colleagues do, to tell us whether you
15 plead guilty or not guilty.
16 First, let me ask you whether you feel well
17 enough. Have you understood the indictment and did you
18 learn of it when you reached the detention centre? Did
19 you feel all right when you got there? Then I'm going
20 to ask you to plead guilty or not guilty to each of the
21 counts. You may remain seated when you answer my
22 question, please.
23 THE ACCUSED: (Interpretation) Do I have the
24 right to speak? I have no interpretation.
25 THE INTERPRETER: I'm sorry, the interpreter
1 apologises. She heard it wrongly.
2 JUDGE JORDA: (Interpretation) Do you hear
3 me? Do you hear me? Do you hear me, Mr. Petrusic?
4 MR. PETRUSIC: (Interpretation) Yes, I can
5 hear you very well, Your Honour.
6 JUDGE JORDA: (Interpretation) Just one
7 moment to clarify the matter. Do you hear me now,
8 Mr. Krstic?
9 THE ACCUSED: Yes, yes.
10 JUDGE JORDA: (Interpretation) Did you hear
11 the indictment? Were you connected properly?
12 THE ACCUSED: I have heard the indictment,
13 except for the last two paragraphs.
14 JUDGE JORDA: (Interpretation) I ask the
15 registrar to repeat the reading of those, please,
16 that's paragraphs 24 and 25, and then tell us whether
17 you hear. Do you hear? Very well. Go ahead.
18 THE REGISTRAR: (Interpretation) During and
19 after the opportunistic killings and mass executions
20 which occurred from 11 July until 18 July, 1995,
21 Radislav Krstic failed to investigate or punish any of
22 his VRS subordinates who were responsible for the
23 killings and executions. To the contrary, Radislav
24 Krstic, and units under his command, participated in an
25 organised and comprehensive effort to conceal and cover
1 up the killings and executions by burying the bodies of
2 the victims in isolated sites scattered throughout a
3 wide area.
4 JUDGE JORDA: (Interpretation) You don't have
5 to mention the paragraphs. Move on to the next one,
7 THE REGISTRAR: (Interpretation) When it
8 became apparent the international community had learn
9 of the killings and executions arising from the attack
10 on the Srebrenica safe area, Radislav Krstic, and units
11 under his command, participated in a second attempt to
12 conceal the killings and executions by digging up the
13 bodies from the initial mass graves and transferring
14 them to secondary graves. VRS military personnel or
15 their agents, under the command of Radislav Krstic, dug
16 up the following graves and transferred the bodies to
17 secondary sites: The Dam at Petkovci, Orahovac,
18 Branjevo Farm, Kozluk, Glogova.
19 JUDGE JORDA: (Interpretation) Thank you.
20 Let me once again turn to the accused. You've now
21 heard the indictment and you will tell us, please,
22 whether you plead guilty or not guilty to each of the
23 counts that the registrar will read from the
24 indictment. I would, first of all, ask you to do the
25 following: First, I would like to ask how you feel
1 physically. Do you feel all right, other than the
2 fatigue you feel in your leg? How do you feel?
3 THE ACCUSED: (Interpretation) As well as
4 can be expected on the whole, but I am tired after the
5 arrest, exhausted. At the detention centre, the people
6 are very correct in their treatment of us all, and
7 particularly to me myself.
8 There has been no heating in the detention
9 unit, however, for the past three days, and that is
10 something which makes the circumstances impossible, and
11 with regard to hygiene as well.
12 In view of my injuries, I have no conditions
13 for therapy for my leg, and for the care and attention
14 of my health. So much for me. Thank you.
15 JUDGE JORDA: (Interpretation) Thank you. I
16 appreciate your having pointed this out. This will be
17 indicated in our records to the registrar and to the
18 head of the detention unit. I think it's absolutely
19 important to have heating at this time of the year,
20 and, of course, this applies to all of the accused, and
21 more particularly to the accused and other treatment he
22 should get.
23 Let us move back to the indictment.
24 Mr. Krstic. First of all, we'll ask the registrar to
25 continue reading the indictment, and I'll ask you to
1 plead guilty or not guilty.
2 THE REGISTRAR: (Interpretation) Counts. By
3 his respective acts and omissions described in
4 paragraphs below, Radislav Krstic committed;
5 Count 1: Genocide, punishable under Articles
6 (4)(3)(a), and (7)(1) and (7)(3) of the Statute of the
7 Tribunal; and alternatively:
8 Count 2: Complicity to commit genocide,
9 punishable under Articles (4)(3)(e), and (7)(1) and
10 (7)(3) of the Statute of the Tribunal.
11 JUDGE JORDA: (Interpretation) Very well.
12 I'm turning to you, Mr. Krstic. I'm going to ask you,
13 for these two counts which are listed alternatively,
14 you are either accused of genocide or complicity to
15 commit genocide by the Prosecutor. We will see the
16 results of that during the trial. For the time being,
17 we simply ask you to plead guilty or not guilty.
18 THE ACCUSED: (Interpretation) I plead not
20 JUDGE JORDA: (Interpretation) Thank you.
21 This will be placed into the registrar's records.
22 Continue, please.
23 THE REGISTRAR: (Interpretation) Count 3,
25 The Prosecutor re-alleges and reincorporates
1 by reference the paragraphs below: By his respective
2 acts and omissions described in the paragraphs below,
3 Radislav Krstic committed:
4 Count 3: Extermination, a crime against
5 humanity, punishable under Articles (5)(b), and (7)(1)
6 and (7)(3) of the Statute of the Tribunal.
7 JUDGE JORDA: (Interpretation) Mr. Krstic, do
8 you plead guilty or not guilty?
9 THE ACCUSED: (Interpretation) I plead not
11 JUDGE JORDA: (Interpretation) Please,
13 THE REGISTRAR: (Interpretation) Counts 4 and
14 5, murder.
15 The Prosecutor re-alleges and refers to the
16 allegations in the following paragraphs: By his
17 respective acts and omissions described in the
18 paragraphs below, Radislav Krstic committed:
19 Count 4: Murder, a crime against humanity,
20 punishable under Articles (5)(a), and (7)(1) and (7)(3)
21 of the Statute of the Tribunal.
22 JUDGE JORDA: (Interpretation) Mr. Krstic, do
23 you plead guilty or not guilty?
24 THE ACCUSED: (Interpretation) I plead not
1 THE REGISTRAR: (Interpretation) Count 5:
2 Murder, a violation of the laws or customs of war,
3 punishable under Articles 3, and (7)(1) and (7)(3) of
4 the Statute of the Tribunal, as recognised by Article
5 (3)(1)(a) of the Geneva Convention.
6 JUDGE JORDA: (Interpretation) Do you plead
7 guilty or not guilty?
8 THE ACCUSED: (Interpretation) I plead not
10 THE REGISTRAR: (Interpretation) Count 6,
12 The Prosecutor re-alleges and refers to the
13 allegations contained in the following paragraphs:
14 Beginning on 11 July, 1995 and continuing
15 through 1 November, 1995, Radislav Krstic, committed,
16 planned, instigated, ordered or otherwise aided and
17 abetted the planning, preparation or execution of a
18 crime against humanity, that is the persecutions of
19 Bosnian Muslim civilians on political, racial or
20 religious grounds in Srebrenica and its surroundings.
21 The crime of persecutions was perpetrated,
22 executed and carried out by or through the following
24 (a) the murder of thousands of Bosnian Muslim
25 civilians, including men, women, children and elderly
2 (b) the cruel and inhumane treatment of
3 Bosnian Muslim civilians, including severe beatings;
4 (c) the terrorising of Bosnian Muslim
5 civilians; and
6 (d) the destruction of personal property of
7 Bosnian Muslims.
8 By these acts or omissions, and the acts and
9 omissions described in the above paragraphs, Radislav
10 Krstic committed:
11 Count 6: Persecutions on political, racial
12 and religious grounds, a crime against humanity,
13 punishable under Article (5)(h), and (7)(1) and (7)(3)
14 of the Statute of the Tribunal.
15 Done this 30th day of October, 1998, at The
16 Hague, The Netherlands, signed by the Deputy Prosecutor
17 Graham Blewitt.
18 JUDGE JORDA: (Interpretation) There is a
19 final count. I would like to know as regards Count 6,
20 the accused pleads guilty or not guilty? Persecutions
21 on political --
22 THE ACCUSED: (Interpretation) I plead not
24 JUDGE JORDA: (Interpretation) Very well.
25 The Tribunal has noted that the accused has pleaded not
1 guilty to all of the counts in the indictment, and at
2 this point we will now, working with the -- consult
3 with the Prosecutor and the Defence, to try to set the
4 date for the trial.
5 We are covered by Rule 62, and we must now
6 organise the proceedings that will follow now in order
7 to set, as quickly as possible, a date for the trial to
9 Madam Prosecutor, do you have several
10 obligations which are covered by Rule 62 and following
11 in the Rules of Procedure and Evidence. Have you
12 satisfied all of your obligations which would allow us
13 to set the date for the trial as quickly as possible?
14 MS. HOLLIS: Your Honour, in regard to our
15 obligation under Rule 66(A), on Friday we provided the
16 supporting material relevant to this accused to the
17 translation section of the registry for translation
18 into the language of the accused. Today we are
19 prepared to provide to the Defence counsel the English
20 version of the supporting material that was provided
21 for confirmation.
22 We believe that there may be a videotape that
23 would possibly qualify as a statement of the accused
24 under Rule 66(a)(i). We have yet to view that
25 videotape. As soon as we view it and determine that it
1 does qualify under that section of the Rules, we will
2 promptly provide a copy of that to the Defence
4 JUDGE JORDA: (Interpretation) Mr. Petrusic,
5 have you received all of the supporting material which
6 is covered under Rule 66(a)(i)?
7 MR. PETRUSIC: (Interpretation)
8 Mr. President, during the course of the morning, about
9 two hours ago, the only thing I did receive from the
10 registrar are the Rules of the International Tribunal,
11 and I also received the Statute. That is to say, the
12 Rules and the Statute of this Tribunal. I did not
13 receive any additional supporting material. Then, of
14 course, the indictment was there too, the indictment
15 that I was given by the accused yesterday when I saw
17 So we did not receive any supporting
18 materials. We cannot make any statements in this
19 regard, and I hope that the Prosecutor shall provide
20 these materials so that the Defence could also start
21 collecting their materials.
22 As far as the tape that the Prosecutor speaks
23 of, I think it is too early for us to state our views
24 on this, because I have my doubts as to whether this
25 can be evidence or not, but we are going to state your
1 views on this when the Prosecutor submits this. Thank
3 JUDGE JORDA: (Interpretation) I'm not sure I
4 quite understood that. All right. Madam Prosecutor,
5 you have 30 days to disclose all of the supporting
6 material with the indictment. You say you've already
7 done that?
8 MS. HOLLIS: We have a copy for the accused
9 in English. We do not have a copy in the accused's
10 language, but we have that here and are prepared to
11 provide that to the Defence Attorney at the
12 conclusion of these proceedings.
13 JUDGE JORDA: (Interpretation) Very well.
14 Mr. Petrusic, you will receive them today. Does that
15 mean, in your mind, Mrs. Hollis, that you do not need
16 the 30-day time period? Do you feel that you've
17 already satisfied your obligations under Rule
18 62(a)(i)? I'm saying that -- I'm talking about the
19 supporting material. I would like to expedite the
20 beginning of the trial.
21 Aside from the video cassette, have you
22 already or are you going to submit everything?
23 MS. HOLLIS: We're going to submit the
24 supporting material relevant to this accused today at
25 the conclusion of the proceedings, but they will be in
2 As we read the current Rule, Your Honour,
3 they have been provided in a language the accused
4 understands. We have submitted them for translation,
5 but we do not have the translated copies back as of
6 today, in Serbian, and I'm not sure when the
7 translation section will have that available for us,
8 but we do have the English version here and we will
9 serve that on the accused's counsel today.
10 JUDGE JORDA: (Interpretation) All right.
11 Let me turn to my colleagues. We could consider that
12 the 30-day time limit today will suffice for the
13 translations. You say that you have given the
14 supporting material with the indictment not in a
15 language that the accused understands, but that we can
16 use the 30-day time period starting today, 7 December,
17 that takes us to the 7th of January, so that all of the
18 documents would have been translated. Mr. Petrusic, do
19 you agree with that or can we speed up the translation
21 MR. PETRUSIC: (Interpretation) I agree with
22 that proposal.
23 JUDGE JORDA: (Interpretation) Very well. We
24 can use that 30-day period.
25 There's a second time period, Madam
1 Prosecutor. About how many witnesses do you plan to
2 call to this trial?
3 MS. HOLLIS: Your Honour, if I may take a
4 moment to confer?
5 JUDGE JORDA: (Interpretation) Do you have an
6 approximate idea?
7 MS. HOLLIS: If I could give you a very rough
8 estimate, and this would, of course, depend in part on
9 what happens with our pre-trial --
10 JUDGE JORDA: (Interpretation) Yes, of
12 MS. HOLLIS: We would estimate somewhere in
13 the vicinity of 50 to 70 witnesses, Your Honour.
14 JUDGE JORDA: (Interpretation) Thank you.
15 Let me turn to the Defence. Let me also tell the
16 Defence that it will have a time period for filing any
17 preliminary motions that it may care to do, once you
18 have received all of the documents filed according to
19 the appropriate Rules. If by the 7th of January you
20 have received all of the statements, you will have to
21 file your preliminary motions before the 7th of
22 February, with that.
23 Very well. From that point on, of course, we
24 cannot say how long -- well, whether you're going to
25 file any preliminary motions, that depends on you, not
1 on the Judges. I don't know whether the Judges will be
2 able to respond in the next few days. It will all
3 depend on the legal substance of the preliminary
4 motions, but can we today say that a trial around the
5 end of March, the beginning of April will be possible,
7 MS. HOLLIS: On behalf of the Prosecutor,
8 Your Honour, yes, that would be possible.
9 JUDGE JORDA: (Interpretation) Mr. Petrusic?
10 MR. PETRUSIC: (Interpretation) On behalf of
11 the Defence, it is very difficult, indeed, at this
12 point in time to estimate when the trial could begin,
13 and the Defence shall certainly resolve to all the
14 rights vested in it in Rule 72 of the Rules of
15 Procedure and Evidence, and as the proceedings further
16 evolve we shall also draw on Rule 65. So today, I did
17 expect to see piles of documents provided by the
18 Prosecutor, and we do not have a single shred of
19 material from them.
20 I repeat that it is unrealistic to set a
21 time, whether it is going to be March or April, as you
22 said, but the Defence cannot really say what period of
23 time they would need to prepare their Defence, because
24 we do not have a single shred of evidence from the
25 Prosecutor so that we could speak about the date of the
1 beginning of the trial. I hope you understand this,
2 Mr. President.
3 JUDGE JORDA: (Interpretation) Yes, we
4 understand what you've just said, but I would like to
5 say, on behalf of my colleagues, that the Prosecutor
6 will be ready. That's the first observation, that the
7 trial will begin as soon as possible.
8 You have time periods which allow you to file
9 a certain number of preliminary motions, and this is
10 the right of the accused to file them and to raise
11 them, but it will take time. It's your right, but
12 that, of course, will postpone the date of the trial.
13 The Judges must be prepared to move forward
14 as quickly as possible as well. The Tribunal is very
15 occupied at this time, but thanks to the fact that we
16 have received some additional Judges, our schedule is
17 reasonable and is possible to work with despite the
18 workload of other cases. I don't think we can say
19 anything further than that today.
20 The Status Conferences will determine the
21 legal follow-up to what has been said today, and the
22 Trial Chamber has designated Judge Almiro Rodrigues as
23 the pre-trial Judge.
24 Let me remind that you the Status Conferences
25 in cases, as a new procedure whose purpose is to
1 accelerate the beginning of the trial itself, let me
2 refer you, both the Prosecution and Defence, to 65 bis
3 and 73 bis and ter of the Rules of Procedure and
5 Do you have any other comments you would like
6 to make, Madam Prosecutor?
7 MS. HOLLIS: No, Your Honour, we do not.
8 JUDGE JORDA: (Interpretation) Mr. Petrusic,
9 do you have any comments you would like to make?
10 MR. PETRUSIC: (Interpretation) Mr.
11 President, since you have already asked about these
12 comments, both the Prosecutor and for myself, allow me
13 to make a comment.
14 In all the trials before this Tribunal where
15 military persons were indicted, the name of the accused
16 was always preceded by his rank. I'm talking about
17 Colonel Krsmanovic, General Djukic and now General
18 Blaskic, too. However, in the indictment of General
19 Krstic, his rank has not been mentioned, and I choose
20 to interpret this as an accidental omission.
21 I also wish to point out, with your
22 permission, something that is really within the
23 province of work of the Registry of this Tribunal.
24 That is to say the truly seriously, imperilled health
25 of General Krstic. A leg of his was amputated and
1 there is atrophy of the muscle in the remaining part of
2 the leg, and there is bleeding, too, and Mr. Krstic is
3 rightly pointing to the threat of gangrene.
4 The Registry of this Tribunal is going to
5 deal with this problem; however, this is very serious
6 and the consequences that may follow are very serious,
7 and I wish this to be noted officially. Thank you.
8 JUDGE JORDA: (Interpretation) I believe that
9 the registrar can tell us that the accused was already
10 examined. This is ordinarily done.
11 THE REGISTRAR: (Interpretation) Yes, he was
12 examined when he arrived on the 3rd of December. At
13 his arrival in The Hague, he was taken to the hospital
14 where he was examined by a cardiologist.
15 JUDGE JORDA: (Interpretation) Very well.
16 Your comments have been noted, and if the accused needs
17 any specific type of treatment, this is a possibility
18 which we have run into before in this Tribunal, the
19 proper treatment will be given to the accused.
20 Before we finish our work, I would like to
21 turn to my colleagues to ask if they have any comments
22 and perhaps give the final word to the accused.
23 Have you any statement you would like to
24 make, General Krstic? Before you answer, Madam
25 Prosecutor, you called the defendant what, General?
1 Apparently he is a General. Do you call him Colonel
2 General? What is your reaction to the Defence's
4 MS. HOLLIS: Your Honour, our understanding
5 is that the accused is a Lieutenant General in the
6 Republika Srpska army. Indeed, he does hold a General
7 rank, and it is the rank of Lieutenant General.
8 JUDGE JORDA: (Interpretation) Yes, but what
9 I want to know, in the indictment, the indictment that
10 was read, he is referred to as Mr. Krstic. For my
11 part, I have no problem to the military ranks being
12 included, once they have been legitimately accepted and
13 agreed to by the proper authorities. You call him
14 Mr. Krstic, or shall we call him General Krstic? What
15 is your opinion?
16 MS. HOLLIS: We would refer to him as General
17 Krstic, if we refer to him other than by his last name,
18 and in the description of the accused we do include his
19 military rank.
20 JUDGE JORDA: (Interpretation) Very well.
21 Mr. Petrusic, I suppose that satisfies you. Before we
22 give the final word to the accused, it will be noted
23 here as being General Krstic.
24 MR. PETRUSIC: (Interpretation) Thank you,
25 Mr. President. I am satisfied.
1 JUDGE JORDA: (Interpretation) And I note
2 that the accused is also claiming his rank in the army
3 of Republika Srpska, if we understood the comment.
4 General Krstic, would you like to make any final
5 statement, either seated or standing, before we finish
6 our hearing this morning? Perhaps you have nothing to
7 add; have you?
8 THE ACCUSED: Not for the time being.
9 JUDGE JORDA: (Interpretation) Very well.
10 The Court stands adjourned.
11 --- Whereupon the hearing adjourned at
12 12.30 p.m., sine die.