1 ^day, 13 September 1996
2 [Rule 61 Hearing]
3 THE REGISTRAR: Case IT-95-12-R 61, the Prosecutor against Ivica
4 Rajic, review of indictment pursuant to Rule 61 of the Rules of Procedure
5 and Evidence.
6 JUDGE McDONALD: Thank you. The decision of the Trial Chamber in
7 matter of the Prosecutor versus Ivica Rajic, also known as Victor Andric,
8 has been handed down today in the absence of Judge Sidwa ^ who sadly has
9 resigned from the International Tribunal for reasons of ill health. Judge
10 Sidwa ^ fully participated in our deliberations on this matter and
11 concurred with the unanimous finding on the substance of the decision.
12 Judge Sidwa also prepared a separate opinion relating to certain
13 evidentiary and procedural matters. The full text of the decision and the
14 opinion are available from the press office.
15 On 2 and 3 April, 1996, the Trial Chamber conducted a hearing
16 pursuant to Rule 61 of the Rules of Procedure and Evidence of the
17 International Tribunal with respect to Ivica Rajic. The hearing was held
18 pursuant to an order by Judge Sidwa ^ who confirmed the indictment against
19 Rajic on 29 August 1995, and who was satisfied that the Prosecutor had
20 taken all reasonable steps to effect personal service of the indictment on
21 the accused and had otherwise tried to inform the accused of the existence
22 of the indictment but had been unable to do so.
23 During the hearing, the Prosecutor was invited to file an
24 additional brief addressing the relevance to these proceedings of the
25 decision of the International Court of Justice in the Nicaragua case.
1 This brief was filed with the Trial Chamber on 10 April 1996.
2 On 29 April 1996, the Prosecutor filed an application to adjourn
3 the decision of the Rule 61 hearing and to file additional evidence. The
4 application was granted and the additional evidence which amounted to more
5 than 500 pages was filed on 10 June 1996. Further filings relating to the
6 failure or refusal of states to cooperate with the International Tribunal
7 were filed on 12 and 13 August, 1996.
8 Under Rule 61, the Trial Chamber must determine whether there are
9 reasonable grounds for believing that an accused, who has not been
10 surrendered to the International Tribunal, committed the crimes charged in
11 the indictment against him. The indictment against Rajic alleges that he
12 ordered the attack of 23 October 1993 against the village of Stupni Do in
13 the Republic of Bosnia and Herzegovina. For this attack, Rajic is
14 indicted on six counts.
15 Counts 1 and 2 charge Rajic with willful killing and destruction
16 of property in violation of the grave breaches provisions of the Geneva
17 Conventions as recognised by Article 2(A) and 2(D) of the Statute of the
18 International Tribunal. Count 3 charges Rajic with a deliberate attack on
19 a civilian population, and wanton destruction of the village in violation
20 of the laws or customs of war contrary to Article 3 of the Statute.
21 Alternatively, Rajic is charged in Counts 4 and 5 with command
22 responsibility for the acts forming the basis of Counts 1 and 2
23 respectively, and Count 4 charges him with command responsibility for the
24 acts charged in Count 3.
25 With respect to its subject matter jurisdiction, the Trial Chamber
1 has concluded that there are reasonable grounds for believing that the
2 attack on the village of Stupni Do took place during the course of an
3 international armed conflict and that the victims and property which were
4 the subject of the alleged attack were protected persons or property under
5 the provisions of the relevant Geneva Convention. The Trial Chamber
6 therefore has jurisdiction over the charges contained in Counts 1, 2, 4
7 and 5.
8 Lastly, the Trial Chamber also held that based on its earlier
9 finding of reasonable grounds for believing that the attack took place in
10 the context of an international armed conflict, it has subject matter
11 jurisdiction over the counts relating to violation of the laws or customs
12 of war, that is Counts 3 and 6.
13 Having reviewed the evidence relating to Rajic's alleged
14 commission of the crimes charged in the indictment, the Trial Chamber
15 finds that there are reasonable grounds for believing that Rajic committed
16 the following crimes: Willful killing of civilians in the village of
17 Stupni Do, destruction of property in the village of Stupni Do, a
18 deliberate attack on the civilian population of Stupni Do, and the wanton
19 destruction and devastation of Stupni Do unjustified by military
20 necessity. Accordingly, the Trial Chamber has confirmed all counts of the
21 indictment and has today issued an international arrest warrant for Ivica
22 Rajic which will be transmitted to all states and to the multinational
23 military implementation force, IFOR, in Bosnia and Herzegovina.
24 Finally, the Trial Chamber has taken note of the material
25 submitted by the Prosecutor as to the current whereabouts of Ivica Rajic
1 and has certified for the purpose of notifying the Security Council of the
2 United Nations that the failure to effect personal service of the
3 indictment against Ivica Rajic is due, at least in part, to the failure of
4 the authorities of the Federation of Bosnia and Herzegovina and of the
5 Republic of Croatia to cooperate fully with the International Tribunal.
6 Are there other matters that need to be handled at this time,
7 Mr. Osberg ^?
8 MR. OSBERG: No.
9 JUDGE McDONALD: Very good. Then we will stand adjourned.
10 --- Whereupon the hearing is adjourned at ^