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1 Monday, 29 October 2001
2 [Initial Appearance]
3 [Open session]
4 [The accused present in court]
5 --- Upon commencing at 3.04 p.m.
6 JUDGE MAY: Yes. The Croatian indictment will now be read.
7 THE REGISTRAR: [Interpretation] The Prosecutor of the Tribunal
8 against Slobodan Milosevic. Indictment.
9 The Prosecutor of the International Criminal Tribunal for the
10 former Yugoslavia, pursuant to her authority under Article 18 of the
11 Statute of the International Criminal Tribunal for the former Yugoslavia,
12 the Statute of the Tribunal, charges Slobodan Milosevic with crimes
13 against humanity, grave breaches of the Geneva Conventions, and violations
14 of the laws or customs of war as set forth below:
15 The accused:
16 Slobodan Milosevic, son of Svetozar Milosevic, was born on the
17 20th of August, 1941 in Pozarevac in present-day Serbia. In 1964, he
18 graduated from the Law Faculty of the University of Belgrade and began a
19 career in management and banking. Until 1978, he held the posts of deputy
20 director and later general director at Technogas, a major oil company in
21 the Socialist Federal Republic of Yugoslavia. Thereafter, he became
22 President of Beogradska Banka, Beobanka, one of the largest banks in the
23 FRY, a post he held until 1983.
24 Slobodan Milosevic joined the League of Communists of Yugoslavia
25 in 1959. In 1984, he became Chairman of the City Committee of the League
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1 of Communists of Belgrade. In 1986, he was elected Chairman of the
2 Presidium of the Central Committee of the League of Communists of Serbia
3 and was re-elected in 1988. On the 16th of July, 1990, the League of
4 Communists of Serbia and the Socialist Alliance of Working People of
5 Serbia united, forming a new party named the Socialist Party of Serbia or
6 the SPS. On the 17th of July, 1990, Slobodan Milosevic was elected
7 President of the SPS and has remained in that post until the present day,
8 except during the period from the 24th of May, 1991, to the 24th of
9 October, 1992.
10 Slobodan Milosevic was elected President of the Presidency of the
11 then Socialist Republic of Serbia on the 8th of May, 1989, and re-elected
12 on the 5th of December, 1989. After the adoption of the new Constitution
13 on the 28th of September, 1990, the Socialist Republic of Serbia became
14 the Republic of Serbia, and Slobodan Milosevic was elected to the newly
15 established office of President of the Republic of Serbia in multi-party
16 elections held in December 1990. He was re-elected to this office in
17 elections held on the 20th of December, 1992.
18 After serving two terms as President of the Republic of Serbia,
19 Slobodan Milosevic was elected President of the Federal Republic of
20 Yugoslavia, that is of FRY, on the 15th of July, 1997, beginning his
21 official duties on the 23rd of July, 1997. Following his defeat in the
22 Federal Republic of Yugoslavia's presentational election of September
23 2000, Slobodan Milosevic relinquished his position on the 6th of October,
24 2000.
25 Individual criminal responsibility.
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1 Article 7(1) of the Statute of the Tribunal.
2 Slobodan Milosevic is individually criminally responsible for the
3 crimes referred to in Articles 2, 3, and 5 of the Statute of the Tribunal
4 and described in this indictment, which he planned, instigated, ordered,
5 committed, or in whose planning, preparation, or execution he otherwise
6 aided and abetted. By using the word "committed" in this indictment, the
7 Prosecutor does not intent to suggest that the accused physically
8 committed any of the crimes charged personally. "Committing," in this
9 indictment, refers to participation in a joint criminal enterprise as
10 co-perpetrator.
11 Slobodan Milosevic participated in a joint criminal enterprise as
12 set out in paragraphs 24 to 26. The purpose of this joint criminal
13 enterprise was the forcible removal of the majority of the Croat and other
14 non-Serb population from approximately one-third of the territory of the
15 Republic of Croatia that he planned to become part of a new Serb-dominated
16 state through the commission of crimes in violation of Articles 2, 3, and
17 5 of the Statute of the Tribunal. These areas included those regions that
18 were referred to by Serb authorities and are hereinafter referred to as
19 the Serbian Autonomous District, the SAO Krajina, and the SAO Western
20 Slavonia, and the SAO Slavonia, Baranja, and Western Srem, collectively
21 referred to by Serb authorities after the 19th of December, 1991 as the
22 Republic of Serbian Krajina, that is the RSK, and the Dubrovnik Republic.
23 This joint criminal enterprise came into existence before the 1st
24 of August, 1991, and continued until at least June, 1992. Individuals
25 participating in this joint criminal enterprise included Slobodan
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1 Milosevic; Borisav Jovic; Branko Kostic; Veljko Kadijevic; Blagoje Adzic;
2 Milan Babic; Milan Martic; Goran Hadzic; Jovica Stanisic; Franko
3 Simatovic, also known as Frenki; Tomislav Simovic; Vojislav Seselj; Momir
4 Bulatovic; Aleksandar Vasiljevic; Radovan Stojicic, also known as Badza;
5 Zeljko Raznjatovic, also known as Arkan; and other known and unknown
6 participants.
7 The crimes enumerated in Counts 1 to 32 of this indictment were
8 within the object of the joint criminal enterprise. Alternatively, the
9 crimes enumerated in Counts 1 to 13 and 17 to 32 were the natural and
10 foreseeable consequences of the execution of the object of the joint
11 criminal enterprise and the accused was aware that such crimes were the
12 possible outcome of the execution of the joint criminal enterprise.
13 In order for the joint criminal enterprise to succeed in its
14 objective, Slobodan Milosevic worked in concert with or through several
15 individuals in the joint criminal enterprise. Each participant or
16 co-perpetrator within the joint criminal enterprise played his own role or
17 roles that significantly contributed to the overall objective of the
18 enterprise.
19 Paragraphs 10 to 23 relate to other persons. That is why the
20 indictment will be read as of paragraph 24 onwards.
21 From 1987 until late 2000, Slobodan Milosevic was the dominant
22 political figure in Serbia. He acquired control of all facets of the
23 Serbian government, including the police and other state security
24 services. In addition, he gained control over the political leaders of
25 Kosovo, Vojvodina, and Montenegro.
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1 In his capacity as the President of Serbia and through his leading
2 position in the SPS party, Slobodan Milosevic exercised effective control
3 or substantial influence over the above-listed participants in the joint
4 criminal enterprise and either alone or acting in concert with them and
5 additional known and unknown persons effectively controlled or
6 substantially influenced the actions of the Federal Presidency of the
7 SFRY, and later the FRY, the Serbian Ministry of Internal Affairs, the
8 MUP, the JNA, the Serb-run TO staff in the territories subject to this
9 indictment as well as Serb volunteer groups.
10 Slobodan Milosevic, acting alone and in concert with other members
11 of the joint criminal enterprise, participated in the joint criminal
12 enterprise in the following ways:
13 a) provided direction and assistance to the political leadership
14 of the SAO SBWS, and the SAO Western Salvonia, the SAO Krajina, and the
15 RSK on the takeover of these areas and the subsequent forcible removal of
16 the Croat and other non-Serb population.
17 b) provided financial, material, and logistical support for the
18 regular and irregular military forces necessary for the takeover of these
19 areas and the subsequent forcible removal of the Croat and other non-Serb
20 population.
21 c) directed organs of the government of the Republic of Serbia to
22 create armed forces separate from the federal armed forces to engage in
23 combat activities outside the republic of Serbia, in particular in the
24 said areas in Croatia and the subsequent forcible removal of the Croat and
25 other non-Serb population.
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1 d) participated in the formation, financing, supply, support, and
2 direction of special forces of the Republic of Serbia Ministry of Internal
3 Affairs. These special forces were created and supported to assist in the
4 execution of the purpose of the joint criminal enterprise through the
5 commission of crimes which are in violation of Articles 2, 3, and 5 of the
6 Statute of the Tribunal.
7 e) participated in providing financial, logistical, and political
8 support and direction to Serbian irregular forces and paramilitaries.
9 Such support was given in furtherance of the joint criminal enterprise
10 through the commission of crimes which are in violation of Articles , 2,
11 3, and 5 of the Statute of the Tribunal.
12 f) participated in the planning and preparation of the takeover of
13 the SAO SBWS, the SAO Western Salvonia, the SAO Krajina, and the Dubrovnik
14 Republic, and the subsequent forcible removal of the Croat and other
15 non-Serb population.
16 g) exerted effective control or substantial influence over the
17 JNA, which participated in the planning, preparation, and execution of the
18 forcible removal of the Croat and other non-Serb population from the SAO
19 SBWS, the SAO Western Salvonia, the SAO Krajina, and the Dubrovnik
20 Republic.
21 h) provided financial, logistical and political support to TO
22 units and Serb volunteer units acting in the SAO SBWS, the SAO Western
23 Salvonia, the SAO Krajina, and the Dubrovnik Republic, which assisted in
24 the execution of the purpose of the joint criminal enterprise through the
25 commission of crimes which are in violation of Articles 2, 3, and 5 of the
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1 Statute of the Tribunal.
2 i) effectively ordered the passage of laws and regulations
3 relative to the involvement of the JNA, the TO, and Serb volunteer units
4 in Croatia.
5 j) directed, commanded, controlled, or otherwise provided
6 substantial assistance or support to the JNA, the Serb-run TO staff, and
7 volunteer forces deployed in the SAO SBWS, the SAO Western Slavonia, SAO
8 Krajina, and the Dubrovnik Republic engaged in the execution of the
9 purpose of the joint criminal enterprise through the commission of crimes
10 which are in violation of Articles 2, 3, and 5 of the Statute of the
11 Tribunal.
12 k) directed, commanded, controlled, or otherwise provided
13 substantial assistance or support to the police forces within the MUP of
14 the Republic of Serbia, including the DB, whose members assisted in the
15 execution of the purpose of the joint criminal enterprise in the SAO SBWS,
16 the SAO Western Salvonia, the SAO Krajina, and the Dubrovnik Republic.
17 l) financed Serb military, police, and irregular soldiers in
18 Croatia who perpetrated crimes as specified in this indictment.
19 m) controlled, contributed to, or otherwise utilised Serbian
20 state-run media outlets to manipulate Serbian public opinion by spreading
21 exaggerated and false messages of ethnically based attacks by Croats
22 against Serb people in order to create an atmosphere of fear and hatred
23 among Serbs living in Serbia and Croatia. The propaganda generated by the
24 Serbian media was an important tool in contributing to the perpetration of
25 crimes in Croatia.
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1 Slobodan Milosevic knowingly and wilfully participated in the
2 joint criminal enterprise, sharing the intent of other participants in the
3 joint criminal enterprise or aware of the foreseeable consequences of
4 their actions. On this basis, he bears individual criminal responsibility
5 for these crimes under Article 7(1) of the Statute of the Tribunal in
6 addition to his responsibility under the same Article for having planned,
7 instigated, ordered or otherwise aided and abetted in the planning,
8 preparation, and execution of these crimes.
9 The accused and other participants in the joint criminal
10 enterprise shared the intent and state of mind required for the commission
11 of each of the crimes charged in Counts 1 to 32.
12 Article 7(3) of the Statute of the Tribunal.
13 Slobodan Milosevic, while holding positions of superior authority,
14 is also individually criminally responsible for the acts or omissions of
15 his subordinates, pursuant to Article 7(3) of the Statute of the
16 Tribunal. A superior is responsible for the criminal acts of his
17 subordinates if he knew or had reason to know that his subordinates were
18 able -- were about to commit such acts or had done so, and the superior
19 failed to take the necessary and reasonable measures to prevent such acts
20 or to punish the perpetrators.
21 From at least March 1991 until the 15th of June 1992, Slobodan
22 Milosevic exercised control over the four members of the Serbian Bloc
23 within the Presidency of the SFRY, later the FRY. These four individuals
24 were Borisav Jovic, the representative of the Republic of Serbia; Branko
25 Kostic, the representative of the Republic of Montenegro; Jugoslav Kostic,
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1 the representative of the Autonomous Province of Vojvodina, and Sejdo
2 Bajramovic, the representative of the Autonomous Province of Kosovo and
3 Metohija. Slobodan Milosevic used Borislav Jovic and Branko Kostic as his
4 primary agents in the Presidency, and through them, he directed the
5 actions of the Serbian Bloc. From the 1st of October, 1991, in the
6 absence of the representatives of the Presidency from Croatia, Slovenia,
7 Macedonia, and Bosnia and Herzegovina, the four members of the Serbian
8 Bloc exercised the powers of the Presidency including that of the
9 collective Commander-In-Chief of the JNA. This Rump Presidency acted
10 without dissension to execute Slobodan Milosevic's policies. The Federal
11 Presidency had effective control over the JN as its Commander-In-Chief and
12 the TO units and volunteer units acting in coordination and under
13 supervision of the JNA. Generals Veljko Kadijevic and Blagoje Adzic, who
14 directed and supervised the JNA forces in Croatia, were in constant
15 communication and consultation with the accused.
16 Slobodan Milosevic exercised effective control over KOS, the
17 counter-intelligence component of the JNA. His control over the leaders
18 of KOS, particularly over General Aleksandar Vasiljevic, enabled the
19 engagement of KOS agents in Croatia. Agents of the KOS carried out the
20 policies of Slobodan Milosevic in Croatia by directing the actions of the
21 local Croatian Serb political leaders, directing and supporting the local
22 Serb police and security forces, and introducing Serb volunteer groups
23 into Croatia and supporting their activities.
24 Slobodan Milosevic is therefore individually criminally
25 responsible under Article 7(3) of the Statute of the Tribunal for the
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1 participation of the members of the JNA, the TO units, and the volunteer
2 units acting in coordination and under supervision of the JNA in the
3 crimes described in this indictment.
4 From the time Slobodan Milosevic came to power in Serbia, he
5 exercised control over key officials in the Serbian MUP, among them
6 Radmilo Bogdanovic and Zoran Sokolovic, who were both at different times
7 Minister of Internal Affairs of Serbia; Radovan Stojicic, the Deputy
8 Minister of Internal Affairs; and Jovica Stanisic and Franko Simatovic,
9 both high-ranking officials in the DB. Through these officials, Slobodan
10 Milosevic exercised effective control over agents of the MUP and the DB
11 who directed and supported the actions of local Croatian Serb political
12 leaders, and Serb police and security forces, and introduced Serb
13 volunteer groups into Croatia and supported their activities. The accused
14 Slobodan Milosevic is therefore individually criminally responsible under
15 Article 7(3) of the Statute of the Tribunal for participation of the
16 members of the Serbian MUP and the DB in the crimes described in this
17 indictment.
18 The charges:
19 Count 1: Persecutions.
20 From on or about the 1st of August, 1991 until June 1992, Slobodan
21 Milosevic, acting alone or in concert with other known and unknown members
22 of a joint criminal enterprise, planned, instigated, ordered, committed,
23 or otherwise aided and abetted the planning, preparation, or execution of
24 the persecutions of the Croat and other non-Serb civilian population in
25 the territories of the SAO SBWS, the SAO Western Salvonia, the SAO
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1 Krajina, and the Dubrovnik Republic.
2 Throughout this period, Serb forces comprised of JNA units, local
3 TO units and TO units from Serbian and Montenegro, local and Serbian MUP
4 police units and paramilitary units, attacked and took control of towns,
5 villages and settlements in these territories listed above. After the
6 takeover, the Serb forces, in cooperation with the local Serb authorities,
7 established a regime of persecutions designed to drive the Croat and other
8 non-Serb civilian population from these territories.
9 These persecutions were based on political, racial, or religious
10 grounds and included the following:
11 a. The extermination or murder of hundreds of Croat and other
12 non-Serb civilians, including women and elderly persons, in Dalj, Erdut,
13 Klisa, Lovas, Vukovar, Vocin, Bacin, Saborsko, and neighbouring villages,
14 Skabrnja, Nadin, Bruska, and Dubrovnik and its environs, as described in
15 detail in paragraphs 38 to 59 and 73 to 75.
16 b. The prolonged and routine imprisonment and confinement of
17 thousands of Croat and other non-Serb civilians in detention facilities
18 within and outside of Croatia, including prison camps located in
19 Montenegro, Serbia, and Bosnia and Herzegovina, as described in detail in
20 paragraph 64.
21 c. The establishment and perpetuation of inhumane living
22 conditions for Croat and other non-Serb civilian detainees within the
23 mentioned detention facilities.
24 d. The repeated torture, beatings and killings of Croat and other
25 non-Serb civilian detainees in the mentioned detention facilities.
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1 e. The prolonged and frequent forced labour of Croat and other
2 non-Serb civilians detained in the mentioned detention facilities or under
3 house arrest in their respective homes in Vukovar, Dalj, Lovas, Erdut,
4 Saborsko, Vocin and Tovarnik. The forced labour included digging graves,
5 loading ammunition for the Serb forces, digging trenches and other forms
6 of manual labour at the front lines.
7 f. The repeated sexual assaults of Croat and other non-Serb
8 civilians by Serb soldiers during arrest and in the mentioned detention
9 facilities.
10 g. The unlawful attacks on Dubrovnik and undefended Croat
11 villages throughout the territories specified above.
12 h. The imposing of restrictive and discriminatory measures
13 against the Croat and other non-Serb civilian population, such as
14 restriction of movement; removal from positions of authority and local
15 government institutions and the police; dismissal from jobs; and arbitrary
16 searches of their homes.
17 i. The beating and robbing of Croat and other non-Serb
18 civilians.
19 j. The torture and beatings of Croat and other non-Serb civilians
20 during and after their arrest.
21 k. The deportation or forcible transfer of at least 170,000 Croat
22 and other non-Serb civilians from the territories specified above,
23 including the deportation to Serbia of at least 5,000 inhabitants from
24 Ilok, 20,000 inhabitants from Vukovar; and the forcible transfer to
25 locations within Croatia of at least 2,500 inhabitants from Erdut as
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1 described in detail in paragraphs 67 to 69.
2 l. The deliberate destruction of homes, other public and private
3 property, cultural institutions, historic monuments, and sacred sites of
4 the Croat and other non-Serb population in Dubrovnik and its environs,
5 Vukovar, Erdut, Lovas, Sarengrad, Bapska, Tovarnik, Vocin, Saborsko,
6 Skabrnja, Nadin, and Bruska, as described in paragraphs 71 and 77 to 82.
7 By these acts and omissions, Slobodan Milosevic committed:
8 Count 1: Persecutions on political, racial, and religious
9 grounds, a crime against humanity, punishable under Articles 5(h) and 7(1)
10 and 7(3) of the Statute of the Tribunal.
11 Counts 2 to 5. Extermination, Murder, Wilful Killing.
12 From the 1st of August, 1991, until June 1992, Slobodan Milosevic,
13 acting alone or in concert with other known and unknown members of a joint
14 criminal enterprise, planned, instigated, ordered, committed, or otherwise
15 aided and abetted the planning, preparation, or execution of the
16 extermination, murder, and wilful killings of Croat and other non-Serb
17 civilians in the territories of the SAO Western Slavonia, the SAO Krajina,
18 and the SAO SBWS, as specified in paragraphs 39 through 59 of this
19 indictment.
20 SAO Western Slavonia.
21 Beginning August 1991, the Serb forces including the volunteer
22 units Seselj's men and the White Eagles were in control of Vocin. On the
23 13th of December, 1991, while the Serb forces withdrew from Vocin and the
24 surrounding area, they went from house to house killing a substantial
25 portion of the remaining Croat civilian population. A total of 32
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1 civilians were killed by these two units before they withdrew on the 13th
2 of December, 1991. The only survivors were those in hiding, whom the Serb
3 forces did not find. The names of the victims are set out in Annex I
4 attached to this indictment.
5 SAO Krajina.
6 From about the 7th of October, 1991, the Serb forces, comprised of
7 the JNA, members of the TO and members of the Militia of the SAO Krajina,
8 also known as the SAO Krajina Police and Martic's Police, were in control
9 of the area of Hrvatska Kostajnica. Most of the Croat civilians had fled
10 their homes during the attack in September 1991. Approximately 120 Croat
11 civilians, mostly women, the elderly and the infirm, remained in the
12 villages of Dubica, Cerovljani, and Bacin. On the morning of the 20th of
13 October, 1991, members of the Serb forces rounded up 53 civilians in
14 Dubica and detained them in the village fire station. Over the course of
15 the day and night, ten were released because they were either Serbs or had
16 connections with Serbs. On the 21st of October, 1991, the Serb forces
17 took the remaining 43 detained Croats to a location near the village of
18 Bacin. In addition, the Serb forces brought at least 13 non-Serb
19 civilians from Bacin and Cerovljani to the same location. All 56 victims
20 were killed there. At approximately the same time, the Serb forces took
21 away an additional 30 civilians from Bacin and 24 from the villages of
22 Dubica and Cerovljani into an unknown location where they killed them.
23 The names of the victims are set out in Annex I attached to this
24 indictment.
25 From early August 1991 until the 12th of November, 1991, the Croat
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1 villages of Saborsko, Poljanak and Lipovanic were attacked by Serb forces
2 including JNA, TO, and Martic's Police. As soon as the Serb forces
3 entered the villages, they killed all remaining non-Serb inhabitants they
4 found.
5 On the 28th of October, 1991, TO units entered Lipovanic and
6 killed eight civilians. The names of the victims are set out in Annex I
7 attached to this indictment.
8 On the 7th of November, 1991, JNA and TO units, in particular a
9 special JNA unit from Nis, entered the hamlet of Vukovici near Poljanak
10 and executed nine civilians. The names of the victims are set out in
11 Annex I attached to this indictment.
12 On the 12th of November, 1991, members of the JNA, Martic's
13 Police, and the TO entered the village of Saborsko where they killed at
14 least 20 Croat civilians. Afterwards, the village was levelled to the
15 ground. The names of the victims are set out in Annex I attached to this
16 indictment.
17 In November 1991, Serb forces comprised of JNA and TO units and
18 Martic's Police attacked the village of Skabrnja, near Zadar. On the 18th
19 of November, 1991, the Serb forces entered Skabrnja. Moving from house to
20 house, they killed at least 38 non-Serb civilians in their homes or in the
21 streets. The names of the victims are set out in Annex I attached to this
22 indictment.
23 In addition, when Serb forces attacked the neighbouring villages
24 of Nadin the next day, they killed seven non-Serb civilians. The names of
25 the victims are set out in Annex I attached to this indictment.
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1 Between the 18th of November and February 1992, all remaining
2 Croat civilians in Skabrnja died. Serb forces killed 26 of the remaining
3 elderly and infirm Croat civilians. The names of the victims are set out
4 in Annex I attached to this indictment.
5 On the 21st of December, 1991, Serb forces, in particular members
6 of Martic's Police, entered the village of Bruska and the hamlet of
7 Marinovic where they killed ten civilians, among them nine Croats. The
8 names of the victims are set out in Annex I attached to this indictment.
9 Vukovar Hospital.
10 On or about the 20th of November, 1991, as part of the overall
11 persecution campaign, Serb military forces under the command, control or
12 influence of the JNA, the TO SBWS and other participants of the joint
13 criminal enterprise, removed approximately 255 Croats and other non-Serbs
14 from Vukovar Hospital in the aftermath of the Serb takeover of the city.
15 The victims were transported to the JNA barracks and then to the Ovcara
16 farm located about 5 kilometres south of Vukovar. There, members of the
17 Serb forces beat and tortured the victims for hours. During the evening
18 of the 20th of November, 1991, the soldiers transported the victims in
19 groups of 10 to 20 to a remote execution site between the Ovcara farm and
20 Grabovo, where they shot and killed them. Their bodies were buried in a
21 mass grave. The names of the victims are set out in Annex I attached to
22 this indictment.
23 SAO SBWS.
24 In September and October 1991, the Serb TO forces and Militia of
25 the SAO SBWS arrested Croat civilians and kept them in a detention
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1 facility in the police building in Dalj. On the 21st of September, 1991,
2 Goran Hadzic and Zeljko Raznjatovic visited the detention facility and
3 ordered the release of two of the detainees. Members of the TO of the SAO
4 SBWS led by Zeljko Raznjatovic shot 11 detainees and buried their bodies
5 in a mass grave in the village of Celija. The names of the victims are
6 set out in Annex I attached to this indictment.
7 On the 4th of October, 1991, members of the TO of the SAO SBWS led
8 by Zeljko Raznjatovic entered the detention facility in the police
9 building in Dalj and shot 28 Croat civilian detainees. The bodies of the
10 victims were then taken from the building and dumped into the nearby
11 Danube River. The names of the victims are set out in Annex I attached to
12 this indictment.
13 On the 18th of October, 1991, members of the JNA, the TO of the
14 SAO SBWS, and Dusan Silni volunteer unit forced 50 Croat civilians who had
15 been detained for forced labour in the Zadruga building in Lovas to march
16 into a minefield on the outskirts of the village of Lovas, located
17 approximately 20 kilometres southwest of the town of Vukovar. On the way
18 to the minefield, one detainee was shot dead by these Serb forces. Upon
19 reaching the minefield, the detainees were forced to enter the minefield
20 and sweep their feet in front of them to clear the field of mines. At
21 least one mine exploded, and the Serb forces opened fire on the
22 detainees. Twenty-one detainees were killed either through mine
23 explosions or gunfire. The names of the victims are set out in Annex I
24 attached to this indictment.
25 On the 9th of November, 1991, members of the TO of the SAO SBWS
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1 led by Zeljko Raznjatovic and members of the Militia of the SAO SBWS
2 arrested ethnic Hungarian and Croat civilians in Erdut, Dalj Planina and
3 Erdut Planina and took them to the training centre of the TO in Erdut
4 where 12 of them were shot dead the following day. The names of the
5 victims are set out in Annex I attached to this indictment. Several days
6 after the 9th of November, 1991, members of the SNB of SAO SBWS, in
7 cooperation with several members of Arkan's Tigers, arrested and executed
8 three civilians, two of them family members of the original Hungarian
9 victims who had inquired about the fate of their relatives. The bodies of
10 eight of the initial 12 victims were buried in the village of Celija, and
11 one victim was buried in Daljski Atar. The bodies of the three additional
12 victims were thrown in a well in Borovo. The names of the victims are set
13 out in Annex I attached to this indictment. On the 3rd of June, 1992,
14 members of the SNB, in cooperation with members of Arkan's Tigers,
15 arrested Marija Senasi, born in 1937, a female family member of the
16 original Hungarian victims who had continued to make inquiries about the
17 fate of her relatives. This woman was subsequently murdered and her body
18 was thrown into an abandoned well in Dalj Planina.
19 On the 11th of November, 1991, members of the TO of SAO SBWS under
20 the command of Zeljko Raznjatovic arrested seven non-Serb civilians in the
21 village of Klisa. Two of the detainees who had Serb relatives were
22 released. The remaining five civilians were taken to the TO training
23 centre in Erdut. After their interrogation, the victims were killed and
24 buried in a mass grave in the village of Celija. The names of the victims
25 are set out in Annex I attached to this indictment.
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1 Between the 18th and the 20th of November, 1991, after the
2 termination of the military operations in and around Vukovar, the JNA
3 deported thousands of Croat and other non-Serb inhabitants into the
4 territory of the Republic of Serbia. Following a request of Goran Hadzic
5 to retain those non-Serbs who were suspected of participation in the
6 military operations, the JNA transported a large number of inhabitants of
7 Vukovar to the detention facilities in Dalj on or around the 20th of
8 November, 1991. There, Serb TO members selected those suspected of
9 participating in the defence of Vukovar. The selected detainees were
10 interrogated, beaten and tortured. At least 34 were executed. The names
11 of the victims are set out in Annex I attached to this indictment.
12 On the 10th of December, 1991, members of the TO of the SAO SBWS
13 led by Zeljko Raznjatovic and members of the Militia of the SAO SBWS
14 arrested five non-Serb villagers from Erdut. The victims were taken to
15 the TO training centre in Erdut and subsequently killed. The bodies of
16 three of the victims were later disposed of in a well in Daljski Atar.
17 The names of the victims are set out in Annex I attached to this
18 indictment.
19 From the 22nd of December, 1991 to the 25th of December, 1991,
20 members of the TO of the SAO SBWS led by Zeljko Raznjatovic and members of
21 the Militia of the SAO SBWS arrested seven ethnic Hungarian and Croat
22 civilians in Erdut and took them to the TO training centre in Erdut. On
23 the 26th of December, 1991, they were shot and killed. The bodies of six
24 of the victims were buried in Daljski Atar. The names of the victims are
25 set out in Annex I attached to this indictment.
Page 21
1 On the 21st of February, 1992, members of the TO of the SAO SBWS
2 led by Zeljko Raznjatovic and members of the Militia of the SAO SBWS
3 arrested four non-Serb civilians in Erdut. All of the victims were
4 interrogated in the Territorial Defence training centre in Erdut and then
5 killed. The bodies of the victims were buried in a mass grave in Daljski
6 Atar. The names of the victims are set out in Annex I attached to this
7 indictment.
8 On the 4th of May, 1992, members of the special operations
9 component of the DB, arrested five non-Serb civilians in the village of
10 Grabovac. The civilians were taken away and killed. Their bodies were
11 later buried in Tikves Park. The names of the victims are set out in
12 Annex I attached to this indictment.
13 By the acts and omissions in relation to the incidents referred to
14 in the paragraphs 39 to 49, Slobodan Milosevic committed:
15 Count 2: Extermination, a crime against humanity, punishable
16 under Articles 5(b) and 7(1) and 7(3) of the Statute of the Tribunal.
17 By the acts and omissions in relation to all incidents referred to
18 in paragraphs 39 to 59, Slobodan Milosevic committed:
19 Count 3: Murder, a crime against humanity, punishable under
20 Articles 5(a) and 7(1) and 7(3) of the Statute of the Tribunal.
21 Count 4: Murder, a violation of the laws or customs of war, as
22 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
23 punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
24 Tribunal.
25 By the acts and omissions in relation to all incidents referred to
Page 22
1 in the paragraphs 39 to 49, and 52 to 59, Slobodan Milosevic committed:
2 Count 5: Wilful killing, a grave breach of the Geneva Conventions
3 of 1949, punishable under Articles 2(a) and 7(1) and 7(3) of the Statute
4 of the Tribunal.
5 Counts 6 to 13. Unlawful Confinement, Imprisonment, Torture, and
6 Inhumane Acts.
7 From August 1991 until March 1992, Slobodan Milosevic, acting
8 alone or in concert with other known and unknown members of a joint
9 criminal enterprise, planned, instigated, ordered, committed, or otherwise
10 aided and abetted the planning, preparation, or execution of the unlawful
11 confinement or imprisonment under inhumane conditions of the Croat and
12 other non-Serb civilian population in the territories of the SAO SBWS, the
13 SAO Western Slavonia, the SAO Krajina, and the Dubrovnik Republic.
14 Serb military forces, comprised of JNA, TO, and volunteer units
15 acting in cooperation with local and Serbia police staff and local Serb
16 authorities, arrested and detained thousands of Croat and other non-Serb
17 civilians from the territories specified in the following short- and
18 long-term detention facilities:
19 Military warehouse in Morinje, Montenegro, approximately 320
20 detainees; military barracks in Kumbor in Montenegro, a transit detention
21 facility run by the JNA that also included scores of long-term detainees;
22 military barracks in Bjelica in Bosnia and Herzegovina, approximately 100
23 detainees; the JNA Stajicevo agricultural farm in Serbia, approximately
24 1.700 detainees; the military barracks in Begejci in Serbia, approximately
25 260 detainees; military barracks in Zrenjanin in Serbia, scores of
Page 23
1 detainees; in military prison in Sremska Mitrovica in Serbia, hundreds of
2 detainees; JNA prison in Knin, SAO Krajina, approximately 150 detainees;
3 old hospital in Knin, SAO Krajina, run by Martic's militia, approximately
4 120 detainees; police buildings and the hangar of the JNA near the railway
5 station in Dalj, SAO SBWS, hundreds of detainees; the Zadruga building in
6 Lovas, SAO SBWS, run by members of the TO and the Dusan Slini volunteer
7 unit, approximately 70 detainees; the TO training centre in Erdut, also
8 referred to as "Arkan's" military base, SAO SBWS, run by members of the TO
9 and Arkan's Tigers, approximately 52 detainees; Ovcara farm near Vukovar,
10 SAO SBWS, run by the JNA, approximately 300 detainees; Velepromet
11 warehouse near Vukovar, SAO SBWS, run by JNA, approximately 100 detainees;
12 military prison in Sid, SAO SBWS, approximately 100 detainees; police
13 station in Opatovac, SAO SBWS, run by the JNA, scores of detainees; stable
14 or workshop in Borovo Selo, SAO SBWS, run by the members of the militia
15 and the TO, approximately 80 detainees.
16 The living conditions in these detention facilities were brutal
17 and characterised by inhumane treatment, overcrowding, starvation, forced
18 labour, inadequate medical care, and constant physical and psychological
19 assault, including mock executions, torture, beatings, and sexual
20 assaults.
21 By these acts and omissions, Slobodan Milosevic committed:
22 Count 6: Imprisonment, a crime against humanity punishable under
23 Article 5(e) and Article 7(1) and 7(3) of the Statute of the Tribunal.
24 Count 7: Torture, a crime against humanity punishable under
25 Article 5(f) and Article 7(1) and 7(3) of the Statute of the Tribunal.
Page 24
1 Count 8: Inhumane acts, a crime against humanity punishable under
2 Article 5(i) and Article 7(1) and Article 7(3) of the Statute of the
3 Tribunal.
4 Count 9: Unlawful confinement, a grave breach of the Geneva
5 Conventions of 1949, punishable under Article 2(g) and Article 7(1) and
6 7(3) of the Statute of the Tribunal.
7 Count 10: Torture, a grave breach of the Geneva Conventions of
8 1949 punishable under Article 2(b) and Article 7(1) and Article 7(3) of
9 the Statute of the Tribunal.
10 Count 11: Wilfully causing great suffering, a grave breach of the
11 Geneva Conventions of 1949 punishable under Article 2(c) and Article 7(1)
12 and Article 7(3) of the Statute of the Tribunal.
13 Count 12: Torture, a violation of the laws or customs of war as
14 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
15 punishable under Article 3 and Article 7(1) and Article 7(3) of the
16 Statute of the Tribunal.
17 Count 13: Cruel treatment, a violation of the laws or customs of
18 war as recognised by Common Article 3(1)(a) of the Geneva Conventions of
19 1949, punishable under Article 3 and Article 7(1) and 7(3) of the Statute
20 of the Tribunal.
21 Counts 14 to 16: Deportation, forcible transfer.
22 From the 1st of August, 1991 until May 1992, Slobodan Milosevic,
23 acting alone or in concert with other known and unknown members of the
24 joint criminal enterprise, planned, instigated, ordered, committed, or
25 otherwise aided and abetted the planning, preparation, or execution of the
Page 25
1 deportations or forcible transfers of the Croat and other non-Serb
2 civilian population in the territories of the SAO SBWS, the SAO Western
3 Slavonia, the SAO Krajina, and the Dubrovnik Republic.
4 In order to achieve these objectives, Serb forces comprised of
5 JNA, TO and volunteer units including the White Eagles, Seselj's men,
6 Dusan Slini and Arkan's Tigers, in cooperation with police units including
7 Martic's police, SNB and Serbian MUP, and others under the effective
8 control of Slobodan Milosevic or other participants in the joint criminal
9 enterprise, surrounded Croat towns and villages and demanded their
10 inhabitants to surrender their weapons, including legally owned hunting
11 rifles. Then the town and villages were attacked, even those inhabitants
12 who had complied with the demands. These attacks were intended to compel
13 the population to flee. After taking control of the towns and villages,
14 the Serb forces sometimes rounded up the remaining Croat and non-Serb
15 civilian population and forcibly transported them to locations in Croatia
16 controlled by the Croatian government or deported them to locations
17 outside Croatia, in particular, Serbia and Montenegro. On other
18 occasions, the Serb forces in cooperation with the local Serb authorities,
19 imposed restrictive and discriminatory measures on the non-Serb population
20 and engaged in a campaign of terror designed to drive them out of the
21 territory. The majority of the non-Serbs that remained were then deported
22 or forcibly transferred.
23 According to the 1991 census, the Croat and other non-Serb
24 population of these areas was approximately as follows:
25 The SAO Krajina: 28 per cent Croats or, rather, 70.708, 5 per
Page 26
1 cent others or 13.101.
2 SAO Western Slavonia: 29 per cent Croats or 6.864, 11 per cent or
3 2.577.
4 SAO SBWS: 47 per cent Croats or 90.454, 21 per cent others or
5 40.217.
6 Virtually the whole Croat and non-Serb population of these areas
7 was forcibly removed, deported or killed. According to the 1991 census,
8 the Croat and other non-Serb population of the Dubrovnik Republic was
9 approximately 82 per cent Croats or 52.836, 11 per cent others or 7.818.
10 The joint criminal enterprise did not achieve its goal of forcibly
11 removing, deporting, or killing the entire Croat and non-Serb population
12 of the Dubrovnik Republic.
13 By these acts and omissions, Slobodan Milosevic committed:
14 Count 14: Deportation, a crime against humanity, punishable under
15 Articles 5(d) and 7(1) and 7(3) of the Statute of the Tribunal.
16 Count 15: Inhumane acts, forcible transfers, a crime against
17 humanity, punishable under Articles 5(i) and 7(1) and 7(3) of the Statute
18 of the Tribunal.
19 Count 16: Unlawful deportation or transfer, a grave breach of the
20 Geneva Conventions of 1949, punishable under Articles 2(g) and 7(1) and
21 7(3) of the Statute of the Tribunal.
22 JUDGE MAY: That would be a convenient moment to take a break. We
23 will adjourn now for 20 minutes. I would add this: that we will not sit
24 beyond this initial appearance tonight. We will deal with the Status
25 Conference tomorrow morning.
Page 27
1 We will adjourn now. Twenty minutes.
2 --- Recess taken at 4.05 p.m.
3 --- On resuming at 4.25 p.m.
4 JUDGE MAY: Yes. We'll go on.
5 THE REGISTRAR: [Interpretation] Counts 17 to 20. Wanton
6 destruction, plunder of public or private property.
7 From the 1st of August, 1991 until May 1992, Slobodan Milosevic,
8 acting alone or in concert with other known and unknown members of the
9 joint criminal enterprise, planned, instigated, ordered, committed, or
10 otherwise aided and abetted the planning, preparation, or execution of the
11 wanton destruction and plunder of the public and private property of the
12 Croat and other non-Serb population within the territories of the SAO
13 SBWS, the SAO Western Slavonia, and the SAO Krajina, although these
14 actions were not justified by military necessity. This intentional and
15 wanton destruction and plunder included the plunder and destruction of
16 homes and religious and cultural buildings, and took place in the
17 following towns and villages:
18 The SAO SBWS, from August until October 1991: The towns of
19 villages and Dalj, Celija, Vukovar, Erdut, Lovas, Sarengrad, Bapska, and
20 Tovarnik.
21 The SAO Western Slavonia, from August to December 1991: The town
22 of Vocin.
23 The SAO Krajina, from August to December 1991: The towns and
24 villages of Saborsko, Skabrnja, Nadin, and Bruska.
25 By these acts and omissions, Slobodan Milosevic committed:
Page 28
1 Count 17: Extensive destruction and appropriation of property not
2 justify military necessity and carried out unlawfully and wantonly, a
3 grave breach of the Geneva Conventions of 1949, punishable under
4 Articles 2(d) and 7(1) and 7(3) of the Statute of the Tribunal.
5 Count 18: Wanton destruction of villages or devastation not
6 justified by military necessity, a violation of the laws or customs of
7 war, punishable under Articles 3(b) and 7(1) and 7(3) of the Statute of
8 the Tribunal.
9 Count 19: Destruction or wilful damages done to institutions
10 dedicated to education or religion, a violation of the laws or customs of
11 war, punishable under Articles 3(d) and 7(1) and 7(3) of the Statute of
12 the Tribunal.
13 Count 20: Plunder of public or private property, a violation of
14 the laws or customs of war, punishable under Articles 3(e) and 7(1) and
15 7(3) of the statute of the Tribunal.
16 Dubrovnik. Counts 21 to 27. Murder, wilful killing, wilfully
17 causing great suffering, cruel treatment, attacks on civilians.
18 From the 1st of October, 1991 until the 7th of December, 1991,
19 Slobodan Milosevic, acting alone or in concert with other known and
20 unknown members of the joint criminal enterprise planned, instigated,
21 ordered, committed, or otherwise aided and abetted the planning,
22 preparation, or execution of a military campaign directed at the city of
23 Dubrovnik and its surroundings in order to achieve the forcible removal of
24 its non-Serb population.
25 In this time period, Serb forces comprised of JNA land, air, and
Page 29
1 naval units, as well as TO and volunteer units and special police units
2 from Serbia and Montenegro subordinated to the JNA and under the effective
3 control of Slobodan Milosevic and other members of the joint criminal
4 enterprise, in particular Momir Bulatovic, launched an extensive military
5 attack on the coastal regions of Croatia between the town of Neum, Bosnia
6 and Herzegovina, in the north-west and the Montenegrin border in the
7 south-east. It was the objective of the Serb forces to detach this area
8 from Croatia and to annex it to Montenegro. While the Serb forces seized
9 the territory to the south-east and north-west of the city of Dubrovnik
10 within two weeks, the city itself was under attack throughout the time
11 alleged in this indictment.
12 During an unlawful extensive shelling campaign conducted from high
13 ground east and north of Dubrovnik, with an obstructed view of the city
14 and its environs and from JNA naval vessels offshore, 43 Croat civilians
15 were killed and numerous others were wounded. The shelling incidents and
16 the names of the killed civilians are set out in Annex II attached to this
17 indictment.
18 By these acts and omissions, Slobodan Milosevic committed:
19 Count 21: Murder, a crime against humanity, punishable under
20 Articles 5(a) and 7(1) and 7(3) of the Statute of the Tribunal.
21 Count 22: Wilful killing, a grave breach of the Geneva
22 Conventions of 1949, punishable under Articles 2(a) and 7(1) and 7(3) of
23 the Statute of the Tribunal.
24 Count 23: Murder, a violation of the laws or customs of war, as
25 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,
Page 30
1 punishable under Articles 3, 7(1) and 7(3) of the Statute of the
2 Tribunal.
3 Count 24: Inhumane acts, a crime against humanity, punishable
4 under Articles 5(i) and 7(1) and 7(3) of the Statute of the Tribunal.
5 Count 25: Wilfully causing great suffering, a grave breach of the
6 Geneva Conventions of 1949, punishable under Articles 2(c) and 7(1) and
7 7(3) of the Statute of the Tribunal.
8 Count 26: Cruel treatment, a violation of the laws or customs of
9 war, as recognised by Common Article 3(1)(a) of the Geneva Conventions of
10 1949, punishable under Articles 3, and 7(1) and 7(3) of the Statute of the
11 Tribunal.
12 Count 27: Attacks on civilians, a violation of the laws or
13 customs of war, as recognised by Article 51(2) of Additional Protocol I
14 and Article 13(2) of Additional Protocol II to the Geneva Conventions of
15 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the
16 Tribunal.
17 Counts 28 to 32. Wanton Destruction, Plunder of Public or Private
18 Property.
19 From the 1st of October, 1991, until the 7th of December, 1991,
20 during this same shelling attack, Slobodan Milosevic, acting alone or in
21 concert with other known and unknown members of the joint criminal
22 enterprise, planned, instigated, ordered, committed, or otherwise aided
23 and abetted the planning, preparation, and execution of the wanton
24 destruction or wilful damage and plunder of the public and private
25 property of the Croat and other non-Serb population within the area of the
Page 31
1 Dubrovnik Republic. This campaign included the destruction, damage or
2 plunder of homes, religious, historical and cultural buildings and other
3 civilian public or private buildings, not justified by military
4 necessity.
5 During this shelling campaign, approximately 1,000 shells fired by
6 Serb forces impacted on the Old Town area of the city. The Old Town
7 district of Dubrovnik was an UNESCO World Cultural Heritage Site in its
8 entirety. A number of the buildings in the Old Town and the towers on the
9 city walls were marked with the symbols mandated by the Hague Convention
10 on the protection of cultural property in the event of armed conflict
11 dating back to 1954. No military targets were located on or within the
12 walls of the Old Town.
13 During the shelling on the 8th to 13th of November, 1991, of the
14 city of Dubrovnik, buildings in the Old Town were damaged, as well as
15 hotels, housing refugees and other civilian structures in other parts of
16 the city.
17 During the shelling on the 6th of December, 1991, of the city of
18 Dubrovnik, at least six buildings in the Old Town were destroyed in their
19 entirety and hundreds more suffered damage. Hotels housing refugees and
20 other civilian structures were severely damaged or destroyed in other
21 parts of Dubrovnik, specifically in the Lapad and Babin Kuk areas.
22 In October 1991, the Serb forces took control of the Croatian
23 towns and villages Konavle, Zupa Dubravacka, and Primorje in the proximity
24 of the city of Dubrovnik. In the aftermath of this takeover, from the 2nd
25 to the 24th of October, 1991, JNA troops systematically plundered public,
Page 32
1 commercial and private property in the towns and villages Brgat, Cilipi,
2 Dubravka, Gruda, Mocici, Osojnik, Slano, Donja Ljuta, Popovici, Mihanici,
3 Drivenik, Konavle, Plat, Cepikuce, Uskoplje, Gabrili, Pridvoje, Molunat,
4 Donja Cibaca, Karasovici and Zvekovica. Much of this property was
5 transported to Montenegro in JNA military vehicles. The JNA thereafter
6 instituted measures to track and maintain the looted property.
7 JNA troops also systematically destroyed public, commercial, and
8 religious buildings as well as private dwellings in the above-listed towns
9 and villages. This destruction took place after the cessation of fighting
10 when the areas were securely under the control of the JNA.
11 By these acts and omissions, Slobodan Milosevic committed:
12 Count 28: Extensive destruction and appropriation of property not
13 justified by military necessity and carried out unlawfully and wantonly, a
14 grave breach of the Geneva Conventions of 1949, punishable under Articles
15 2(d) and 7(1) and 7(3) of the Statute of the Tribunal.
16 Count 29: Wanton destruction of villages, or devastation not
17 justified by military necessity, a violation of the laws or customs of
18 war, punishable under Articles 3(b) and 7(1) and 7(3) of the Statute of
19 the Tribunal.
20 Count 30: Destruction or wilful damage done to historic monuments
21 and institutions dedicated to education or religion, a violation of the
22 laws or customs of war, punishable under Articles 3(d) and 7(1) and 7(3)
23 of the Statute of the Tribunal.
24 Count 31: Plunder of public or private property, a violation of
25 the laws or customs of war, punishable under Articles 3(e) and 7(1) and
Page 33
1 7(3) of the Statute of the Tribunal.
2 Count 32: Unlawful attacks on civilian objects, a violation of
3 the laws or customs of war, as recognised by Article 52(1) of Additional
4 Protocol I to the Geneva Conventions of 1949 and customary law, punishable
5 under Articles 3 and 7(1) and 7(3) of the Statute of the Tribunal.
6 General Allegations.
7 All acts and omissions alleged in this indictment between the 1st
8 of August, 1991 and June 1992 occurred on the territory of the former
9 Yugoslavia.
10 Between at least the 1st of August, 1991, and at least June 1992,
11 a state of armed conflict existed in Croatia. Until the 7th of October,
12 1991, this armed conflict was internal in nature. From the 8th of
13 October, 1991, an international armed conflict and partial occupation
14 existed in the Republic of Croatia.
15 All acts and omissions charged as Grave Breaches of the Geneva
16 Conventions of 1949 occurred during the international armed conflict and
17 partial occupation of Croatia.
18 At all times relevant to this indictment, the victims of Grave
19 Breaches of the Geneva Conventions of 1949 were persons protected under
20 the provisions of the relevant Geneva Conventions.
21 All acts and omissions charged relative to the destruction of
22 property as Grave Breaches of the Geneva Conventions of 1949 involved
23 protected property under the relevant provisions of the Geneva
24 Conventions.
25 At all times relevant to this indictment, Slobodan Milosevic was
Page 34
1 required to abide by the laws and customs governing the conduct of armed
2 conflicts, including the Geneva Conventions of 1949 and the additional
3 protocols thereto.
4 All acts and omissions charged as Crimes against Humanity were
5 part of a widespread and systematic attack directed against the Croat and
6 other non-Serb civilian population of large areas of Croatia.
7 Additional Facts.
8 The Republic of Croatia, formerly one of the six republics of the
9 SFRY, is located in south-eastern Europe and borders Slovenia and Hungary
10 to the north and north-east and the Federal Republic of Yugoslavia and
11 Bosnia and Herzegovina to the east and south.
12 The territories of the SAO SBWS, the SAO Western Slavonia, the SAO
13 Krajina and the Dubrovnik Republic are indicated in the attached Annex
14 III.
15 In the 1991 census, the population of the Republic of Croatia was
16 4,784,265 of which 3,736,356, or 78.1 per cent, were Croats; 581,663, or
17 12.2 per cent, were Serbs; 43,469, or 0.9 per cent, were Muslims; 22,355,
18 or 0.5 per cent, were Hungarians; 106,041, or 2.2 per cent, were
19 Yugoslavs; and 294,381, or 6.1 per cent, were others or undeclared.
20 In April and May 1990, the Republic of Croatia held elections in
21 which the Croatian Democratic Union, the HDZ, won a plurality of votes and
22 secured a majority of seats in the Croatian Sabor or parliament. The new
23 Sabor then elected the HDZ candidate Franjo Tudjman President of Croatia.
24 In advance of the 1990 elections, the nationalistic Serbian
25 Democratic Party was founded in Knin, advocating the autonomy and later
Page 35
1 secession of predominantly Serb areas from Croatia.
2 Between the 19th of August and the 2nd of September, 1990,
3 Croatian Serbs held a referendum on the issue of Serb sovereignty and
4 autonomy in Croatia. The vote took place in predominantly Serb areas of
5 Croatia and was limited only to Serb voters. Croats who lived in the
6 affected region were barred from participating in the referendum. The
7 result of the vote was overwhelmingly in support of Serb autonomy. On the
8 30th of September, 1990, the Serbian National Council, presided over by
9 Milan Babic, declared the autonomy of the Serbian people on ethnic and
10 historic territories on which he lives and which are within the current
11 boundaries of the Republic of Croatia as a federal unit of the Socialist
12 Federal Republic of Yugoslavia.
13 On the 21st of December, 1990, the Croatian Serbs in Knin
14 announced the creation of a Serbian Autonomous District and declared their
15 independence from Croatia. Conflicts between Serbs and Croatian police
16 forces erupted throughout the spring of 1991.
17 In March 1991, the conflict intensified when Serb police forces
18 attempted to consolidate power over areas with significant Serb
19 populations. The Serb police, headed by Milan Martic, took control of a
20 police station in Pakrac and battles erupted when the Croatian government
21 attempted to reestablish its authority in the area. At Plitvice, a bus
22 carrying Croatian policemen was attacked by Serbs and another battle
23 erupted. The JNA deployed troops in the area and issued an ultimatum to
24 the Croatian police to withdraw from Plitvice.
25 In March 1991, the collective Federal Presidency of the FRY
Page 36
1 reached deadlock on several issues including the issue of instituting a
2 state of emergency in Yugoslavia. The representatives on the Presidency
3 from the Republic of Serbia, the Republic of Montenegro, the Autonomous
4 Province of Vojvodina, and the Autonomous Province of Kosovo and Metohija
5 all resigned from their posts. In a televised address on the 16th of
6 March, 1991, Slobodan Milosevic, in his capacity as President of the
7 Republic of Serbia, declared that Yugoslavia was finished and that Serbia
8 would no longer be bound by decisions of the Federal Presidency.
9 On the 19th of May, 1991, Croatia held a referendum in which the
10 electorate voted overwhelmingly for independence from the SFRY. On the
11 25th of June, 1991, Croatia and the Republic of Slovenia declared their
12 independence from Yugoslavia. On the 25th of June, 1991, the JNA moved to
13 suppress Slovenia's secession.
14 The European Community sought to mediate in the conflict. On the
15 8th of July, 1991, an agreement was reached that Croatia and Slovenia
16 would suspend implementation of their independence for 90 days until the
17 8th of October, 1991. The European Community ultimately recognised
18 Croatia as an independent state on the 15th of January, 1992, and Croatia
19 became a member of the United Nations on the 22nd of May, 1992.
20 On the 18th of July, 1991, the Federal Presidency, with the
21 support of the Serbian and Montenegrin governments and General Veljko
22 Kadijevic, voted to withdraw the JNA from Slovenia, thereby acceding to
23 its secession and the dissolution of the SFRY.
24 Slobodan Milosevic's calls for the union of all Serbs in one state
25 coincided with those agitating for the creation of a Greater Serbia. The
Page 37
1 Serbs in the Knin Krajina region, in Eastern Slavonia and in Western
2 Slavonia, began receiving increasing support from the government of the
3 Republic of Serbia. By August 1991, Serb volunteer and police forces in
4 these regions were being supplied and led by officials of the Republic of
5 Serbia Ministry of Internal Affairs.
6 In the Knin area, the JNA forces began openly assisting the Serb
7 police forces led by Milan Martic. They participated jointly in an attack
8 on the Croatian village of Kijevo in August 1991. Throughout August and
9 September 1991, substantial areas of Croatia came under Serb control as a
10 result of actions by Serb military, volunteer and police forces, conducted
11 with the support of the JNA.
12 In the Serb-occupied regions of Northern Dalmatia, Lika, Kordun,
13 Banija, Western Slavonia, and Baranja, the Croatian and other non-Serb
14 population was systematically driven out and the areas were incorporated
15 into various Serbian Autonomous Districts. The JNA remained deployed in
16 the areas where the Serb insurgents had taken control, thereby securing
17 their gains.
18 In August 1991, the JNA undertook operations against towns in
19 Eastern Slavonia, resulting in their occupation by JNA and other Serb
20 forces. The Croat and other non-Serb population of these areas was
21 forcibly expelled. In late August, the JNA laid siege to the city of
22 Vukovar. By mid-October 1991, all other predominantly Croat towns in
23 Eastern Slavonia had been taken by Serb forces except Vukovar. Non-Serbs
24 were subjected to a brutal occupation regime consisting of persecution,
25 murder, torture, and other acts of violence. Almost all of the non-Serb
Page 38
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Page 39
1 population was eventually killed or forced from the occupied areas.
2 The siege of Vukovar continued until the 18th of November, 1991,
3 when city fell to the Serb forces. During the course of the three-month
4 siege, the city was largely destroyed by the JNA shelling and hundreds of
5 persons were killed. When the JNA, that is Serb forces, occupied the
6 city, hundreds more Croats were killed by Serb troops. The non-Serb
7 population of the city was expelled within days of its fall under Serb
8 control.
9 In Geneva on the 23rd of November, 1991, Slobodan Milosevic,
10 Federal Secretary of National Defence Veljko Kadijevic, and Franjo Tudjman
11 entered into an agreement signed under the auspices of the United Nations
12 Special Envoy Cyrus Vance. This agreement called for the lifting of
13 blockades by Croatian forces on JNA barracks and for the withdrawal of JNA
14 forces from Croatia. Both sides committed themselves to an immediate
15 ceasefire throughout Croatia by units under their command, control, or
16 political influence, and further bound themselves to ensure that any
17 paramilitary or irregular units associated with their forces would also
18 observe the ceasefire.
19 On the 3rd of January, 1992, another ceasefire agreement was
20 signed by Franjo Tudjman and Slobodan Milosevic, paving the way for the
21 implementation of the United Nations peace plan put forward by Cyrus
22 Vance. Under the Vance Plan, four United Nations Protected Areas were
23 established in the areas occupied by Serb forces. The Vance Plan called
24 for the withdrawal of the JNA from Croatia and for the return of displaced
25 persons to their homes in the United Nations Protected Areas. Although
Page 40
1 the JNA officially withdrew from Croatia in May 1992, large portions of
2 its weaponry and personnel remained in the Serb-held areas and were turned
3 over to the police of the Republic of Serbia Krajina. Displaced persons
4 were not allowed to return to their homes, and those few Croats and other
5 non-Serbs who had remained in the Serb-occupied areas were expelled in the
6 following months. The territory of the RSK remained under Serb occupation
7 until large portions of it were retaken by Croatian forces in two
8 operations in 1995. The remaining area of Serb control in Eastern
9 Slavonia was peacefully reintegrated into Croatia in 1998.
10 The SFRY existed as a sovereign state until the 27th of April,
11 1992, when the Constitution of the Federal Republic of Yugoslavia was
12 adopted, replacing the Constitution of the Socialist Federal Republic of
13 Yugoslavia of 1974.
14 JUDGE MAY: Thank you.
15 Slobodan Milosevic, the time has now come for you to enter pleas
16 to this indictment. I will put the counts to you. Kindly confine your
17 answers to "guilty" or "not guilty" to each count. If you don't, we shall
18 simply enter a plea on your behalf.
19 THE ACCUSED: [No interpretation]
20 JUDGE MAY: Count 1 -- Count 1: Persecution on political, racial,
21 and religious grounds, a crime against humanity, punishable under
22 Articles 5(h) and 7 of the Statute of the Tribunal. How do you plead to
23 that, guilty or not guilty?
24 THE ACCUSED: [Interpretation] This indictment is the second act of
25 the crime committed against my people because the victim is proclaimed as
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1 the culprit to protect the real culprits for the crimes against
2 Yugoslavia. It is absurd to accuse Serbia and the Serbs for the armed
3 secession of Croatia which provoked a civil war, conflicts and suffering
4 of the civilian population. The indictment, in fact, denied the late
5 Croatian leader, Franjo Tudjman, who in his message to the Croatian people
6 said --
7 JUDGE MAY: Mr. Milosevic, we made the position clear. This is
8 not the time for speeches. It is the time for you to enter a plea. You
9 haven't done so, and your failure means that the Tribunal will enter pleas
10 on your behalf. There will be pleas of not guilty entered on every count
11 of this indictment.
12 We now adjourn until half past nine tomorrow morning.
13 --- Whereupon the Initial Appearance adjourned
14 at 5.00 p.m.
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