Tribunal Criminal Tribunal for the Former Yugoslavia

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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

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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

Page 41

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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