Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Tuesday, 11 December 2001

2 [Open session]

3 [Initial Appearance]

4 [The accused entered court]

5 --- Upon commencing at 9.30 a.m.

6 JUDGE MAY: Yes, let the registrar call the case.

7 THE REGISTRAR: Yes, Mr. President. This is IT-99-37-PT,

8 IT-01-50-PT, IT-01-51-I, the Prosecutor of the Tribunal against Slobodan

9 Milosevic.

10 JUDGE MAY: The appearances, please.

11 MS. DEL PONTE: [No interpretation]

12 JUDGE MAY: Just a moment. We are not getting the French

13 translation. The English should be on channel 4 normally, and it's not

14 coming through.

15 THE INTERPRETER: Good morning, Mr. President.

16 JUDGE MAY: Yes, Madam Prosecutor.

17 MS. DEL PONTE: [Interpretation] Thank you, Mr. President, Your

18 Honours. The Office of the Prosecutor represented by Carla Del Ponte,

19 Prosecutor, with my colleagues Geoffrey Nice, Dirk Ryneveld, and Hildegard

20 Uertz-Retzlaff.

21 MR. KAY: For the amici curiae, Steven Kay, QC, Michail

22 Wladimiroff, and Branislav Tapuskovic.

23 JUDGE MAY: Thank you. The purpose of this hearing is to deal

24 with two matters. First of all, for the accused to make his initial

25 appearance on the Bosnia indictment and secondly, for argument on the

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1 Prosecution motion for joinder of the indictments. We will deal with the

2 matter in that order and begin with the Initial Appearance, and that will

3 start with the reading of the Bosnia indictment.

4 Yes, let that be read.

5 CLERK OF THE REGISTRY: [Interpretation] The Prosecutor of the

6 Tribunal against Slobodan Milosevic.

7 Indictment:

8 The Prosecutor of the International Criminal Tribunal for the

9 former Yugoslavia, pursuant to her authority under Article 18 of the

10 Statute of the Tribunal for the former Yugoslavia charges Slobodan

11 Milosevic with genocide, crimes against humanity, grave breaches of the

12 Geneva Conventions, and violations of the law or customs of war as set

13 forth below:

14 The accused:

15 Slobodan Milosevic, son of Svetozar Milosevic, was born on the

16 20th of August, 1941 in Pozarevac in the present-day Republic of Serbia,

17 one of the constituent republics of the Federal Republic of Yugoslavia,

18 FRY. In 1964, he graduated from the Law Faculty of the University of

19 Belgrade and began a career in management and banking. Until 1978, he

20 held the posts of deputy director and later general director at Tehnogas,

21 a major oil company in the then Socialist Federal Republic of Yugoslavia,

22 that is, the SFRY. Thereafter, he became president of Beogradksa banka,

23 Beobanka, one of the largest banks in the SFRY, a post he held until

24 1983.

25 Slobodan Milosevic joined the League of Communists of Yugoslavia

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1 in 1959. In 1984, he became chairman of the city committee of the League

2 of Communists of Belgrade. In 1986, he was elected chairman of the

3 Presidium of the Central Committee of the League of Communists of Serbia

4 and was re-elected in 1988. On 16 July 1990, the League of Communists of

5 Serbia and the Socialist Alliance of Working People of Serbia united,

6 forming a new party named the Socialist Party of Serbia, or SPS. On the

7 17th of July, 1990, Slobodan Milosevic was elected president of the SPS

8 and remained in that post except during the period from the 24th of May,

9 1991 to the 24th of 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 a new constitution on

13 the 28th of September, 1990, the Socialist Republic of Serbia became the

14 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 on the 15th of July, 1997, beginning his official duties on the

21 23rd of July, 1997. Following his defeat in the Federal Republic of

22 Yugoslavia's presidential election of September 2000, Slobodan Milosevic

23 relinquished his position on the 6th of October, 2000.

24 Individual criminal responsibility.

25 Article 7(1) of the Statute of the Tribunal.

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1 Slobodan Milosevic is individually criminally responsible for the

2 crimes referred to in Articles 2, 3, 4, and 5 of the Statute of the

3 Tribunal as described in this indictment, which he planned, instigated,

4 ordered, committed, or in whose planning, preparation, or execution, he

5 otherwise aided and abetted. By using the word "committed" in this

6 indictment the Prosecutor does not intend to suggest that the accused

7 physically committed any of the crimes charged personally. "Committed" in

8 this indictment refers to participation in a joint criminal enterprise as

9 a co-perpetrator.

10 Slobodan Milosevic participated in the joint criminal enterprise

11 as set out below. The purpose of this joint criminal enterprise was the

12 forcible and permanent removal of the majority of non-Serbs, principally

13 Bosnian Muslims and Bosnian Croats, from large areas of the Republic of

14 Bosnia and Herzegovina through the commission of crimes which are in

15 violation of Articles 2, 3, 4, and 5 of the Statute of the Tribunal.

16 The joint criminal enterprise was in existence from the 1st of

17 August, 1991 and continued until at least 31 December 1995. The

18 individuals participating in the joint criminal enterprise included

19 Slobodan Milosevic, Radovan Karadzic, Momcilo Krajisnik, Biljana Plavsic,

20 General Ratko Mladic, Borislav Jovic, Branko Kostic, Veljko Kadijevic,

21 Blagoje Adzic, Milan Martic, Jovica Stanisic, Franko Simatovic, also known

22 as "Frenki," Radovan Stojicic, also known as "Badza," Vojislav Seselj,

23 Zeljko Raznatovic, also known as "Arkan," and other known and unknown

24 participants.

25 The crimes enumerated in counts 1 to 29 of this indictment were

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1 within the object of the joint criminal enterprise. Alternatively, the

2 crimes enumerated in counts 1 to 15 and 19 to 29 were natural and

3 foreseeable consequences of the execution of the object of the joint

4 criminal enterprise, and the accused was aware that such crimes were the

5 possible outcome of the execution of the joint criminal enterprise.

6 In order for the joint criminal enterprise to succeed in its

7 objective, Slobodan Milosevic worked in concert with or through other

8 individuals in the joint criminal enterprise. Each participant or

9 co-perpetrator within the joint criminal enterprise, sharing the intent to

10 contribute to the enterprise, played his or her own role or roles that

11 significantly contributed to achieving the objective of the enterprise.

12 Paragraphs 10 to 22 refer to other persons; therefore, the reading

13 of the indictment will be continued from paragraph 23.

14 From 1987 until late 2000, Slobodan Milosevic was the dominant

15 political figure in Serbia and the SFRY/FRY. He acquired control of all

16 facets of the Serbian government, including the police and the state

17 security services. In addition, he gained control over the political

18 leaderships of Kosovo, Vojvodina, and Montenegro.

19 In his capacity as the President of Serbia and through his leading

20 position in the SPS party, Slobodan Milosevic exercised effective control

21 or substantial influence over the above listed participants in the joint

22 criminal enterprise and either alone or acting in concert with them and

23 additional known and unknown persons effectively controlled or

24 substantially influenced the actions of the Federal Presidency of the

25 SFRY, and later the FRY, the Serbian Ministry of Internal Affairs, MUP,

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1 the JNA, the Yugoslav Army, VJ, and the VRS, as well as Serb paramilitary

2 groups.

3 Slobodan Milosevic, acting alone and in concert with other members

4 of the joint criminal enterprise, participated in the joint criminal

5 enterprise in the following ways:

6 a) He exerted effective control over elements of the JNA and VJ

7 which participated in the planning, preparation, facilitation, and

8 execution of the forcible removal of the majority of non-Serbs,

9 principally Bosnian Muslims and Bosnian Croats, from large areas of Bosnia

10 and Herzegovina.

11 b) He provided financial, logistical, and political support to

12 the VRS. These forces subsequently participated in the execution of the

13 joint criminal enterprise through the commission of crimes which are in

14 violation of Articles 2, 3, 4, and 5 of the Statute of the Tribunal.

15 c) He exercised substantial influence over and assisted the

16 political leadership of Republika Srpska in the planning, preparation,

17 facilitation, and execution of the takeover of municipalities in Bosnia

18 and Herzegovina and the subsequent forcible removal of the majority of

19 non-Serbs, principally Bosnian Muslims and Bosnian Croats from those

20 municipalities.

21 d) He participated in the planning and preparation of the

22 takeover of municipalities in Bosnia and Herzegovina and the subsequent

23 forcible removal of the majority of non-Serbs, principally Bosnian Muslims

24 and Bosnian Croats, from those municipalities. He provided the financial,

25 material, and logistical support necessary for such takeover.

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1 e) He participated in the formation, financing, supply, support,

2 and direction of special forces of the Republic of Serbia Ministry of

3 Internal Affairs. These special forces participated in the execution of

4 the joint criminal enterprise through the commission of crimes which are

5 in violation of Articles 2, 3, 4, and 5 of the Statute of the Tribunal.

6 f) He participated in providing financial, logistical, and

7 political support and direction to Serbian irregular forces or

8 paramilitaries. These forces participated in the execution of the joint

9 criminal enterprise through the commission of crimes which are in

10 violation of Articles 2, 3, 4, and 5 of the Statute of the Tribunal.

11 g) He controlled, manipulated, or otherwise utilised Serbian

12 state-run media to spread exaggerated and false messages of ethnically

13 based attacks by Bosnian Muslims and Croats against Serb people, intended

14 to create an atmosphere of fear and hatred among Serbs living in Serbia,

15 Croatia, and Bosnia and Herzegovina, which contributed to the forcible

16 removal of the majority of non-Serbs, principally Bosnian Muslims and

17 Bosnian Croats, from large areas of Bosnia and Herzegovina.

18 Slobodan Milosevic knowingly and willfully participated in the

19 joint criminal enterprise while being aware of the foreseeable

20 consequences of this enterprise. On this basis, he bears individual

21 criminal responsibility for these crimes under Article 7(1) of the Statute

22 of the Tribunal, in addition to his responsibility under the same Article

23 for having planned, instigated, ordered or otherwise aided and abetted in

24 the planning, preparation, and execution of these crimes.

25 Article 7(3) of the Statute of the Tribunal.

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1 Slobodan Milosevic, while holding positions of superior authority, is also

2 individually criminally responsible for the acts or omissions of his

3 subordinates pursuant to Article 7(3) of the Statute of the Tribunal. A

4 superior is responsible for the criminal acts of his subordinates if he

5 knew or had reason to know that his subordinates were about to commit such

6 acts or had done so and the superior failed to take the necessary and

7 reasonable measures to prevent such acts or to punish the perpetrators.

8 From at least March 1991 until the 15th of June, 1992, Slobodan

9 Milosevic exercised effective control over the four members of the Serbian

10 Bloc within the Presidency of the SFRY. These four individuals were

11 Borisav Jovic, the representative of the Republic of Serbia; Branko

12 Kostic, the representative of the Republic of Montenegro; Jugoslav Kostic,

13 the representatives of the Autonomous Province of Vojvodina; and Sejdo

14 Bajramovic, the representative of the Autonomous Province of Kosovo.

15 Slobodan Milosevic used Borisav Jovic and Branko Kostic as him primary

16 agents in the Presidency, and through them he directed the actions of the

17 Serbian Bloc. From the 1st of October, 1991 in the absence of the

18 representatives of the Presidency from Croatia, Slovenia, Macedonia, and

19 Bosnia and Herzegovina, the four members of the Serbian Bloc exercised the

20 powers of the Presidency including that of collective "Commander-in-Chief"

21 of the JNA. This "Rump Presidency" acted without dissention to execute

22 Slobodan Milosevic's policies. The Federal Presidency had effective

23 control of the JNA as its "Commander-in-Chief" and other units under the

24 supervision of the JNA. Generals Veljko Kadijevic and Blagoje Adzic, who

25 directed and supervised the JNA forces in Bosnia and Herzegovina, were in

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1 constant communication and consultation with the accused.

2 On the 27th of April, 1992, the Supreme Defence Council was

3 formed. Throughout the time relevant to this indictment, Slobodan

4 Milosevic was a member of the Supreme Defence Council and exercised

5 substantial influence and control over other members of the council. The

6 Supreme Defence Council and the President of the FRY had de jure control

7 over the JNA and later the VJ. In addition to his de jure powers, at all

8 times relevant to this indictment, Slobodan Milosevic exercised de facto

9 control over the JNA and the VJ through his control over the high ranking

10 officers of these armies.

11 Slobodan Milosevic is therefore individually criminally

12 responsible, under Article 7(3) of the Statute of the Tribunal, for the

13 participation of the members of the JNA and the VJ and other units under

14 the supervision of the JNA and the VJ in the crimes described in this

15 indictment.

16 From the time Slobodan Milosevic came to power in Serbia, he

17 exercised control over key officials in the Serbian MUP, among them

18 Radmilo Bogdanovic and Zoran Sokolovic who were both, at different times,

19 the Minister of Internal Affairs of Serbia. He also exercised control

20 over Jovica Stanisic and Franko Simatovic, both high-ranking officials in

21 the DB. Through these officials, Slobodan Milosevic exercised effective

22 control over agents of the MUP, including the DB, who directed and

23 supported the actions of the special forces and Serb paramilitary groups

24 operating in Bosnia and Herzegovina. The accused Slobodan Milosevic is

25 therefore individually criminally responsible under Article 7(3) of the

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1 Statute of the Tribunal, for the participation of the members of the

2 Serbian MUP, including the DB, in the crimes described in this

3 indictment.

4 The charges:

5 Counts 1 and 2: Genocide or complicity in genocide.

6 From on or about the 1st of March, 1992 until the 31st of

7 December, 1995, Slobodan Milosevic acting alone or in concert with other

8 members of the joint criminal enterprise planned, instigated, ordered,

9 committed, or otherwise aided and abetted the planning, preparation, and

10 execution of the destruction in whole or in part, of the Bosnian Muslim

11 and Bosnian Croat national, ethnical, racial, or religious groups as such

12 in territories within Bosnia and Herzegovina including: Bijeljina,

13 Bosanski Novi, Bosanski Samac, Bratunac, Brcko, Doboj, Foca, Sarajevo

14 (Ilijas), Kljuc, Kotor Varos, Sarajevo (Novi Grad), Prijedor, Rogatica,

15 Sanski Most, Srebrenica, Visegrad, Vlasnica, and Zvornik.

16 The destruction of these groups was effected by:

17 a) The widespread killing of thousands of Bosnian Muslims and

18 Bosnian Croats, during and after the takeover of territories within Bosnia

19 and Herzegovina, including those listed above, as specified in Schedule A

20 to this indictment. In many of the territories, educated and leading

21 members of these groups were specifically targeted for execution, often in

22 accordance with pre-prepared lists. After the fall of Srebrenica in July

23 1995, almost all captured Bosnian Muslim men and boys, altogether several

24 thousands, were executed at the places where they had been captured or at

25 sites to which they had been transported for execution.

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1 b) The killing of thousands of Bosnian Muslims and Bosnian Croats

2 in detention facilities within Bosnia and Herzegovina including those

3 situated within the territories listed above, as specified in Schedule B

4 to this indictment.

5 c) The causing of serious bodily and mental harm to thousands of

6 Bosnian Muslims and Bosnian Croats during their confinement in detention

7 facilities within Bosnia and Herzegovina, including those situated within

8 the territories listed above, as specified in Schedule C to this

9 indictment. Members of these groups, during their confinement in

10 detention facilities and during their interrogation at these locations,

11 police stations and military barracks, were continuously subjected to or

12 forced to witness inhumane acts, including murder, sexual violence,

13 torture, and beatings.

14 d) The detention of thousands of Bosnian Muslims and Bosnian

15 Croats in detention facilities within Bosnia and Herzegovina, including

16 those situated within the territories listed above, under conditions of

17 life calculated to bring about the partial physical destruction of those

18 groups, namely through starvation, contaminated water, forced labour,

19 inadequate medical care, and constant physical and psychological assault.

20 By these acts and omissions, Slobodan Milosevic committed:

21 Count 1: Genocide, punishable under Articles 4(3)(a) and 7(1),

22 and 7(3) of the Statute of the Tribunal; or

23 Count 2: Complicity in genocide, punishable under Articles

24 4(3)(e) and 7(1) and 7(3) of the Statute of the Tribunal.

25 Count 3: Persecutions

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1 From on or about the 1st of March, 1992 until the 31st of

2 December, 1995, Slobodan Milosevic, acting alone or in concert with

3 members of the joint criminal enterprise, planned, instigated, ordered,

4 committed, or otherwise aided and abetted the planning, preparation, or

5 execution of persecutions of non-Serbs, principally Bosnian Muslims and

6 Bosnian Croats, within the territories of Banja Luka, Bihac, Bijeljina,

7 Bileca, Bosanska Dubica, Bosanska Gradiska, Bosanska Krupa, Bosanski Novi,

8 Bosanski Petrovac, Bosanski Samac, Bratunac, Brcko, Cajnice, Celinac,

9 Doboj, Donji Vakuf, Foca, Gacko, Gorazde, Sarajevo (Hadzici), Sarajevo

10 (Ilidza), Sarajevo (Ilijas), Kljuc, Kalinovic, Kotor Varos, Nevesinje,

11 Sarajevo (Novi Grad), Sarajevo (Novo Sarajevo), Sarajevo (Pale), Prijedor,

12 Prnjavor, Rogatica, Rudo, Sanski Most, Sekovici, Sipovo, Sokolac,

13 Srebrenica, Teslic, Trebinje, Sarajevo (Trnovo), Visegrad, Vlasnica,

14 Sarajevo (Vogosca), and Zvornik.

15 Throughout that period, Serb forces comprised of JNA, VJ, VRS

16 units, local TO units, local and Serbian MUP police units, and

17 paramilitary units from Serbia and Montenegro attacked and took control of

18 towns and villages in these territories. After the takeover, the Serb

19 forces in cooperation with the local Serb authorities established a regime

20 of persecutions designed to drive the non-Serb civilian population from

21 these territories.

22 These persecutions were committed on the discriminatory grounds of

23 political affiliation, race or religion and included:

24 a) The extermination or murder of thousands of Bosnian Muslim,

25 Bosnian Croat, and other non-Serb civilians, including women and the

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1 elderly, in those territories listed above, the details of which are set

2 out in Schedules A and B to this indictment.

3 b) The prolonged and routine imprisonment and confinement of

4 thousands of Bosnian Muslim, Bosnian Croat, and other non-Serb civilians

5 in detention facilities within and outside of Bosnia and Herzegovina, the

6 details of which are set out in Schedule C to this indictment.

7 c) The establishment and perpetuation of inhumane living

8 conditions against Bosnian Muslim, Bosnian Croat, and other non-Serb

9 civilians within the above-mentioned detention facilities. These living

10 conditions were brutal and characterised by inhumane treatment,

11 overcrowding, starvation, forced labour, and systematic physical and

12 psychological abuse, including torture, beatings, and sexual assault.

13 d) The prolonged and frequent forced labour of Bosnian Muslim,

14 Bosnian Croat, and other non-Serb civilians from these detention

15 facilities. The forced labour included digging graves and trenches and

16 other forms of manual labour at the front lines.

17 e) The cruel and inhumane treatment of Bosnian Muslim, Bosnian

18 Croat, and other non-Serb civilians during and after the takeover of the

19 municipalities specified above. Such inhumane treatment included, but was

20 not limited to, sexual violence, torture, physical and psychological abuse

21 and forced existence under inhumane living conditions.

22 f) The imposition of restrictive and discriminatory measures

23 against Bosnian Muslims, Bosnian Croats, and other non-Serbs, such as the

24 restriction of freedom of movement, removal from positions of authority in

25 local government institutions and the police, dismissal from jobs,

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1 arbitrary searches of their homes, denial of the right to judicial

2 process, and the denial of the right to equal access to public services,

3 including proper medical care.

4 g) The beating and robbing of Bosnian Muslim, Bosnian Croat, and

5 other non-Serb civilians.

6 h) The forcible transfer and deportation of thousands of Bosnian

7 Muslim, Bosnian Croat, and other non-Serb civilians from the territories

8 listed above to locations outside of Serb held territories, as described

9 in paragraphs 40 and 41 and Schedule D to this indictment.

10 i) The appropriation and plunder of the property belonging to

11 Bosnian Muslim, Bosnian Croat, and other non-Serb civilians.

12 j) The intentional and wanton destruction of homes, other public

13 and private property belonging to Bosnian Muslims and Bosnian Croats,

14 their cultural and religious institutions, historical monuments, and other

15 sacred sites as described in paragraph 42.

16 k) The obstruction of humanitarian aid, in particular medical and

17 food supplies into the besieged enclaves, Bihac, Gorazde, Srebrenica, and

18 Zepa, and the deprivation of water from the civilians trapped in the

19 enclaves designed to create unbearable living conditions.

20 By these acts and omissions, Slobodan Milosevic committed:

21 Count 3: Persecutions on political, racial or religious grounds,

22 a crime against humanity, punishable under Articles 5(h) and 7(1) and 7(3)

23 of the Statute of the Tribunal.

24 Counts 4 to 7: Extermination, murder, and wilful killing.

25 From on or about 1 March 1992 until 31 December 1955, Slobodan

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1 Milosevic, acting alone or in concert with other members of the joint

2 criminal enterprise, planned, instigated, ordered, committed or otherwise

3 aided and abetted the planning, preparation, or execution of the

4 extermination, murder and wilful killings of non-Serbs, principally

5 Bosnian Muslims and Bosnian Croats living in the territories of Banja

6 Luka; Bihac; Bijeljina; Bileca; Bosanska Gradiska; Bosanska Krupa;

7 Bosanski Novi; Bosanski Petrovac; Bosanski Samac; Bratunac; Brcko;

8 Cajnice; Celinac; Doboj; Foca; Gacko, Sarajevo (Ilijas); Kljuc; Kalinovik;

9 Kotor Varos; Nevesinje; Sarajevo (Novi Grad); Prijedor; Prnjavor;

10 Rogatica; Rudo; Sanski Most; Sokolac; Srebrenica; Teslic; Visegrad;

11 Vlasenica; and Zvornik. The extermination, murder and wilful killings of

12 these groups were effected by:

13 a) The killing of Bosnian Muslims, Bosnian Croats, and other

14 non-Serbs in their towns and villages, during and after the takeover of

15 the territories listed above including those specified in Schedule A to

16 this indictment.

17 b) The killing of Bosnian Muslims, Bosnian Croats, and other

18 non-Serbs in detention facilities and during their deportation or forcible

19 transfers, including those specified in Schedule B to this indictment.

20 By these acts and omissions, Slobodan Milosevic committed:

21 Count 4: Extermination, a crime against humanity, punishable

22 under Articles 5(b) and 7(1) and 7(3) of the Statute of the Tribunal.

23 Count 5: Murder, a crime against humanity, punishable under

24 Articles 5(a) and 7(1) and 7(3) of the Statute of the Tribunal.

25 Count 6: Wilful killing, a Grave Breach of the Geneva Conventions

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1 of 1949, punishable under Articles 2(a) and 7(1) and 7(3) of the Statute

2 of the Tribunal.

3 Count 7: Murder, a violation of the laws or customs of war, as

4 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

5 punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

6 Tribunal.

7 Counts 8 to 15: Unlawful confinement, imprisonment, torture,

8 wilfully causing great suffering, other inhumane acts.

9 From on or about 1 March 1992 until 31 December 1995, Slobodan

10 Milosevic, acting alone or in concert with members of the joint criminal

11 enterprise, planned, instigated, ordered, committed, or otherwise aided

12 and abetted the planning, preparation, or execution of the unlawful

13 confinement or imprisonment under inhumane conditions of Bosnian Muslims,

14 Bosnian Croats, and other non-Serbs within the territories of Banja Luka,

15 Bihac, Bijeljina, Bileca, Bosanska Dubica, Bosanska Krupa, Bosanski Novi,

16 Bosanski Petrovac, Bosanski Samac, Bratunac, Brcko, Cajnice; Celinac;

17 Doboj; Donji Vakuf; Foca; Gacko; Kljuc; Kalinovik; Kotor Varos; Nevesinje;

18 Prijedor; Prnjavor; Rogatica; Rudo; Sanski Most; Sokolac; Teslic;

19 Visegrad; Vlasenica; and Zvornik.

20 Serb military forces, comprised of JNA, VJ, VRS, TO, and

21 paramilitary units, acting in cooperation with local police staff and

22 local Serb authorities, arrested and detained thousands of Bosnian Muslim,

23 Bosnian Croat, and other non-Serb civilians from the territories listed

24 above. These civilians were held in short and long-term detention, of

25 which the major facilities are specified in Schedule C to this

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1 indictment.

2 The living conditions in these detention facilities were brutal

3 and characterised by inhumane treatment, overcrowding, starvation, forced

4 labour, inadequate medical care, and systematic physical and psychological

5 assault, including torture, beatings, and sexual assault.

6 By these acts and omissions, Slobodan Milosevic committed:

7 Count 8: Imprisonment, a crime against humanity, punishable under

8 Articles 5(e) and 7(1) and 7(3) of the Statute of the Tribunal.

9 Counts 9: Torture, a crime against humanity, punishable under

10 Articles 5(f) and 7(1) and 7(3) of the Statute of the Tribunal.

11 Count 10: Inhumane acts, a crime against humanity, punishable

12 under Articles 5(i) and 7(1) and 7(3) of the Statute of the Tribunal.

13 Count 11: Unlawful confinement, a Grave Breach of the Geneva

14 Conventions of 1949, punishable under Articles 2(g) and 7(1) and 7(3) of

15 the Statute of the Tribunal.

16 Count 12: Torture, a Grave Breach of the Geneva Conventions of

17 1949, punishable under Articles 2(g) and 7(1) and 7(3) of the Statute of

18 the Tribunal.

19 Count 13: Wilfully causing great suffering, a Grave Breach of the

20 Geneva Conventions of 1949, punishable under Articles 2(c) and 7(1) and

21 7(3) of the Statute of the Tribunal.

22 Count 14: Torture, a violation of the laws or customs of war as

23 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

24 punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

25 Tribunal.

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1 Count 15: Cruel treatment, a violation of the laws or customs of

2 war as recognised by Common Article 3(1)(a) of the Geneva Conventions of

3 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

4 Tribunal.

5 Counts 16 to 18: Deportation and inhumane acts (forcible

6 transfers).

7 From on or about 1 March 1992 until 31 December 1995, Slobodan

8 Milosevic, acting alone or in concert with members of the joint criminal

9 enterprise, planned, instigated, ordered, committed, or otherwise aided

10 and abetted the planning, preparation or execution of the unlawful

11 forcible transfer, also qualifying as deportation where indicated

12 hereinafter, of tens of thousands of Bosnian Muslim, Bosnian Croat, and

13 other non-Serb civilians from their legal domiciles in the territories of

14 Banja Luka (deportation); Bihac; Bijeljina; Bileca (deportation); Bosanska

15 Dubica; Bosanska Gradiska; Bosanska Krupa; Bosanski Novi; Bosanski

16 Petrovac; Bosanski Samac (deportation); Bratunac; Brcko; Cajnice; Celinac;

17 Doboj; Donji Vakuf; Foca; Gacko (deportation); Sarajevo (Hadzici);

18 Sarajevo (Ilidza); Sarajevo (Ilijas); Kljuc; Kalinovik; Kotor Varos;

19 Nevesinje; Sarajevo (Novi Grad); Sarajevo (Novo Sarajevo); Sarajevo

20 (Pale); Prijedor; Prnjavor; Rogatica; Rudo (deportation); Sanski Most;

21 Sekovici; Sipovo; Sokolac; Srebrenica; Teslic; Trebinje; Sarajevo

22 (Trnovo); Visegrad; Vlasenica; Sarajevo (Vogosca); and Zvornik

23 (deportation), to other areas both inside and outside Bosnia and

24 Herzegovina. The details of such acts and omissions are described in

25 Schedule D.

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1 In order to achieve this objective, Serb forces comprised of JNA,

2 VJ, VRS and TO, paramilitary units acting in cooperation with local police

3 staff, local Serb authorities, and special forces of the Serbian Ministry

4 of Internal Affairs under the effective control of Slobodan Milosevic or

5 other members of the joint criminal enterprise, subjugated villages and

6 towns in Bosnia and Herzegovina and participated with members of the SDS

7 in the disarming of the non-Serb population. The towns and villages,

8 including areas in which the inhabitants complied and offered no

9 resistance, were then attacked. These attacks were intended to compel the

10 non-Serb population to flee. After taking control of the towns and

11 villages, the Serb forces often rounded up the remaining non-Serb civilian

12 population and forcibly removed them from the area. On other occasions,

13 the Serb forces in cooperation with the local Serb authorities imposed

14 restrictive and discriminatory measures on the non-Serb population and

15 engaged in a campaign of terror designed to drive them out of the

16 territory. The majority of non-Serbs that remained were eventually

17 deported or forcibly transferred from their homes.

18 By these acts and omissions Slobodan Milosevic committed:

19 Count 16: Deportation, a crime against humanity, punishable under

20 Articles 5(i) and 7(1) and 7(3) of the Statute of the Tribunal.

21 Count 18: Unlawful deportation or transfer, a Grave Breach of the

22 Geneva Conventions of 1949, punishable under Articles 2(g) and 7(1) and

23 7(3) of the Statute of the Tribunal.

24 Counts 19 to 22: Wanton destruction, plunder of public or private

25 property.

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1 From on or about 1 March 1992 until 31 December 1995, Slobodan

2 Milosevic, acting alone or in concert with members of the joint criminal

3 enterprise, planned, instigated, ordered, committed, or otherwise aided

4 and abetted the planning, preparation or execution of the wanton

5 destruction and plunder of the public and private property of the Bosnian

6 Muslim, Bosnian Croat, and other non-Serb populations within the

7 territories of Banja Luka; Bihac; Bijeljina; Bileca; Bosanska Dubica;

8 Bosanska Gradiska; Bosanska Krupa; Bosanski Novi; Bosanski Petrovac;

9 Bosanski Samac; Bratunac; Brcko; Cajnice; Celinac; Doboj; Donji Vakuf;

10 Foca; Gacko; Sarajevo (Hadzici); Sarajevo (Ilidza); Sarajevo (Ilijas);

11 Kljuc; Kalinovik; Kotor Varos; Nevesinje; Sarajevo (Novi Grad); Sarajevo

12 (Novo Sarajevo); Sarajevo (Pale); Prijedor; Prnjavor; Rogatica; Rudo;

13 Sanski Most; Sekovici; Sipovo; Sokolac; Srebrenica; Teslic; Sarajevo

14 (Trnovo); Trebinje; Visegrad; Vlasenica; Sarajevo (Vogosca); and Zvornik.

15 This intentional and wanton destruction and plunder was not justified by

16 military necessity and included:

17 a) The appropriation and plunder of property belonging to Bosnian

18 Muslim, Bosnian Croat, and other non-Serb civilians, including the coerced

19 signing of documents relinquishing property rights.

20 b) The intentional and wanton destruction of homes and other

21 property owned by Bosnian Muslim, Bosnian Croat, and other non-Serb

22 civilians. Such destruction was employed as a means to compel non-Serbs

23 to flee their legal domiciles and to prevent their subsequent return.

24 c) The intentional and wanton destruction of religious and

25 cultural buildings of the Bosnian Muslim and Bosnian Croat communities

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1 including, but not limited to, mosques, churches, libraries, educational

2 buildings, and cultural centres.

3 By these acts and omissions, Slobodan Milosevic committed:

4 Count 19: Extensive destruction and appropriation of property,

5 not justified by military necessity and carried out unlawfully and

6 wantonly, a Grave Breach of the Geneva Conventions of 1949 punishable

7 under Articles 2(d) and 7(1) and 7(3) of the Statute of the Tribunal.

8 Count 20: Wanton destruction of villages, or devastation not

9 justified by military necessity, a violation of the laws or customs of

10 war, punishable under Articles 3 (b) and 7(1), and 7(3) of the Statute of

11 the Tribunal.

12 Count 21: Willful destruction or willful damage done to historic

13 monuments and institutions dedicated to education or religion, a violation

14 of the laws or customs of war, punishable under Articles 3(d) and 7(1) and

15 7(3) of the Statute of the Tribunal.

16 Count 22: Plunder of public or private property, a violation of

17 the laws or customs of war, punishable under Articles 3(e) and 7(1) and

18 7(3) of the Statute of the Tribunal.

19 Counts 22 to 29: Murder, willful killing, willfully causing a

20 great suffering, cruel treatment, attacks on civilians.

21 Between April 1992 and November 1995, Slobodan Milosevic, acting

22 alone or in concert with members of the joint criminal enterprise,

23 planned, instigated, ordered, committed, or otherwise aided and abetted

24 the planning, preparation, or execution of a military campaign of

25 artillery and mortar shelling and sniping onto civilian areas of Sarajevo

Page 24

1 and upon its civilian population, killing and wounding thousands of

2 civilians of all ages and both sexes.

3 In this time period, the Sarajevo Romanija Corps of the VRS, under

4 the effective control of Radovan Karadzic and General Ratko Mladic,

5 launched and extensive forty-four month shelling and sniping attack on

6 Sarajevo, mostly from positions in the hills surrounding the city with an

7 you been obstructed view of Sarajevo.

8 The Sarajevo Romanija Corps conducted a protracted campaign of

9 shelling and sniping upon Sarajevo, during which civilians were either

10 specifically targeted or the subject of reckless fire into areas where

11 civilians were known to have been. Among the victims of this campaign

12 were civilians who were, amongst other things, tending vegetable plots,

13 queuing for bread or water, attending funerals, shopping in markets,

14 riding on trams, gathering wood. Specific instances of sniping are

15 described in Schedule E attached to this indictment. Specific instances

16 of shelling are set forth in Schedule F.

17 By these acts and omissions, Slobodan Milosevic committed:

18 Count 23: Murder, a crime against humanity, punishable under

19 Articles 5(a) and 7(1) and 7(3) of the Statute of the Tribunal.

20 Count 24: Inhumane acts, a crime against humanity, punishable

21 under Articles 5 9(i) and 7(1) and 7(3) of the Statute of the Tribunal.

22 Count 25: Willful killing, a Grave Breach of the Geneva

23 Conventions of 1949, punishable under Articles 2(a) and 7(1) and 7(3) of

24 the Statute of the Tribunal.

25 Count 26: Willfully causing great suffering, a Grave Breach of

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1 the Geneva Conventions of 1949, punishable under Articles 2(c) and 7(1)

2 and 7(3) of the Statute of the Tribunal.

3 Count 27: Murder, a violation of the laws or customs of war, as

4 recognised by Common Article 3(1)(a) of the Geneva Conventions of 1949,

5 punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

6 Tribunal.

7 Count 28: Cruel treatment, a violation of the laws or customs of

8 war, as recognised by Common Article 3(1)(a) of the Geneva Conventions of

9 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

10 Tribunal.

11 Count 29: Attacks on civilians, a violation of the laws or

12 customs of war, as recognised by Articles 51 (2) of Additional Protocol I

13 and Article 13(2) of Additional Protocol II to the Geneva Conventions of

14 1949, punishable under Articles 3 and 7(1) and 7(3) of the Statute of the

15 Tribunal.

16 General legal allegations:

17 All acts and omissions alleged in this indictment occurred on the

18 territory of the former Yugoslavia.

19 At all times relevant to this indictment, a state of international

20 armed conflict and partial occupation existed in Bosnia and Herzegovina.

21 All acts and omissions charged as Grave Breaches of the Geneva

22 Conventions of 1949 occurred during the international armed conflict and

23 partial occupation of Bosnia and Herzegovina. All such acts and omissions

24 were committed against persons protected under the Geneva Conventions.

25 All acts and omissions charged relative to the destruction of

Page 26

1 property as Grave Breaches of the Geneva Conventions of 1949 involved

2 "protected property" under the relevant provisions of the Geneva

3 Conventions.

4 At all times relevant to this indictment, Slobodan Milosevic was

5 required to abide by the laws and customs governing the conduct of armed

6 conflicts, including the Geneva Conventions of 1949 and the Additional

7 Protocols thereto.

8 All conduct charged as crimes against humanity was part of a

9 widespread and systematic attack against the Bosnian Muslim, Bosnian

10 Croat, and other non-Serb civilian populations within large areas of

11 Bosnia and Herzegovina.

12 Additional facts:

13 In November 1990, multi-party elections were held in Bosnia and

14 Herzegovina. At the Republic level, the SDA, or Stranka Demokratske

15 Akcije -- rather, the Party of Bosnian Muslims won 86 seats; the SDS, the

16 party of the Bosnian Serbs, won 72 seats; and the HDZ, Hrvatska

17 Demokratska Zajednica, the Croatian Democratic Community, won 44 seats in

18 the Assembly.

19 The central idea within the SDS political platform as articulated

20 by its leaders, including Radovan Karadzic, Momcilo Krajisnik, and Biljana

21 Plavsic, was the unification of all Serbs within one state. The SDS

22 regarded the separation of Bosnia and Herzegovina from the SFRY as a

23 threat to the interests of the Serbs.

24 On the 5th of February, 1991, the Assembly of the Republic of

25 Serbia passed a "Law on Ministries" submitted by Slobodan Milosevic. This

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1 law established twenty ministries of the Serbian government, including the

2 Ministry for Links with Serbs outside Serbia. This Ministry assisted the

3 SDS to establish the Serb Republic of Bosnia and Herzegovina.

4 The results of the November 1990 elections meant that, as time

5 went on, the SDS would be unable, through peaceful means, to keep the

6 Republic of Bosnia and Herzegovina in what was becoming a Serb-dominated

7 Yugoslavia. As a result, Serb people within certain areas of Bosnia and

8 Herzegovina, with Serb majorities, began to organise themselves into

9 formal regional structures that they referred to as "Associations of

10 Municipalities." In April 1991, the Association of Municipalities of

11 Bosnian Krajina, centred in Banja Luka, was formed.

12 In March 1991, the collective Presidency of the SFRY reached a

13 deadlock on several issues including the issue of instituting a state of

14 emergency in Yugoslavia. The representatives on the Presidency from the

15 Republic of Serbia, the Republic of Montenegro, the Autonomous Province of

16 Vojvodina, and the Autonomous Province of Kosovo and Motohija all resigned

17 from their posts. In a televised address on the 16th of March, 1991,

18 broadcast over television, Slobodan Milosevic, in his capacity as

19 President of the Republic, declared that Yugoslavia was finished and that

20 Serbia would no longer be bound by decisions of the Federal Presidency.

21 On the 25th of March, 1991, Slobodan Milosevic and Franjo Tudjman

22 met in Karadjordjevo and discussed the partition of Bosnia and Herzegovina

23 between Serbia and Croatia.

24 On the 25th of June, 1991, Slovenia and Croatia declared their

25 independence. On the 26th of June, 1991, the JNA intervened in Slovenia.

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1 In the summer of 1991, fighting broke out in Croatia.

2 In August 1991, Radovan Karadzic instituted a system of secret

3 communication between the local boards of the SDS and the Main Staff and

4 with the Republic of Serbia. This secret communication protocol was

5 declared mandatory for the transmission of reports and orders.

6 From April 1991, the JNA began to withdraw its forces out of

7 Croatia. Forces under the control of the JNA began to redeploy in Bosnia

8 and Herzegovina. Many of these troops were deployed to areas in which

9 there was no garrison or other JNA facilities.

10 As the war continued in Croatia, it appeared increasingly likely

11 that Bosnia and Herzegovina would also declare its independence from the

12 SFRY. The SDS, realising it could not prevent the cessation of Bosnia and

13 Herzegovina from the SFRY, began the creation of a separate Serbian entity

14 within Bosnia and Herzegovina. During the period from September to

15 November 1991, several Serbian Autonomous Regions, SAO, were formed, some

16 of them on the basis of the associations and municipalities referred to

17 above.

18 On the 12th of September, 1991, the Serbian Autonomous Region of

19 Herzegovina was proclaimed. On the 16th of September, 1991, the

20 Autonomous Region of Krajina was proclaimed by the Assembly of the

21 Association of Municipalities of Bosnian Krajina. By the 21st of

22 November, 1991, the Serbian Autonomous Regions and Autonomous Regions

23 consisted of the Autonomous Region of Krajina, the SAO Herzegovina, the

24 SAO Romanija Birac, the SAO Semberija, and SAO Northern Bosnia.

25 On the 3rd of October, 1991, the four members of the SFRY

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1 Presidency from Serbia and Montenegro, Borisav Jovic, Jugoslav Kostic,

2 Sejdo Bajramovic, and Branko Kostic assumed the function of the SFRY

3 Presidency, circumventing the roles and responsibilities of the Presidency

4 members from Slovenia, Croatia, and Bosnia, and Herzegovina and

5 Macedonia.

6 On 15 October 1991, at the meeting of the SDS Party Council, the

7 decision was reached to form a separate assembly, entitled the "Assembly

8 of the Serbian People of Bosnia and Herzegovina" to secure Serb

9 interests.

10 On or around 22 October 1991, Slobodan Milosevic, together with

11 other members of the joint criminal enterprise, continued to advocate for

12 an unitary Serb state governed from Belgrade, Serbia. On the same date

13 the "Rump Presidency" called for the mobilisation of reservists in Serbia

14 and "other regions that want to stay in Yugoslavia."

15 On or about 26 October 1991, Radovan Karadzic declared a full

16 mobilisation of the TO and the formation of field units in the Serb

17 Republic of Bosnia and Herzegovina.

18 On 24 October 1991, the Assembly of the Serbian People in Bosnia

19 and Herzegovina, dominated by the SDS, decided to conduct a "Plebiscite of

20 the Serbian People in Bosnia and Herzegovina" in order to decide whether

21 to stay in the common state of Yugoslavia with Serbia, Montenegro, the

22 Serbian Autonomous Region of Krajina, SAO Western Slavonia and SAO Eastern

23 Slavonia, Baranja, and Western Srem.

24 On 9 and 10 November 1991, the Bosnian Serbs held the plebiscite

25 on the issue of whether Bosnia and Herzegovina should stay in Yugoslavia

Page 30

1 or become an independent state. The results overwhelmingly showed that

2 the Bosnian Serbs wanted to stay in Yugoslavia.

3 On 21 November 1991, the Assembly of the Serbian People of Bosnia

4 and Herzegovina, proclaimed as part of the territory of the federal

5 Yugoslav state all those municipalities, local communities, and populated

6 places, in which over 50 per cent of the people of Serbian nationality had

7 voted, during the plebiscite, to remain in that state, as well as those

8 places where citizens of other nationalities had expressed themselves in

9 favour of remaining in Yugoslavia.

10 On 11 December 1991, the Assembly of the Serbian People delivered

11 a detailed request to the JNA to protect with all available means as

12 "integral parts of the State of Yugoslavia" the territories of Bosnia and

13 Herzegovina in which the plebiscite of the Serbian people and other

14 citizens on remaining in joint Yugoslav state had been conducted.

15 On 19 December 1991, the SDS issued instructions for the

16 "Organisation and Activity of the Organs of the Serb People in Bosnia and

17 Herzegovina in Extraordinary Circumstances" which provided a plan for the

18 SDS takeover of municipalities in Bosnia and Herzegovina.

19 On 9 January 1992, the Assembly of the Serbian People in Bosnia

20 and Herzegovina adopted a declaration on the Proclamation of the Serbian

21 People of Bosnia and Herzegovina. The territory of that republic was

22 declared to include "the territories of the Serbian Autonomous Regions and

23 Districts and of other Serbian ethnic entities in Bosnia and Herzegovina,

24 including the regions in which the Serbian people remained in the minority

25 due to the genocide conducted against it in World War Two," and it was

Page 31

1 declared to be a part of the federal Yugoslav state. On 12 August 1992,

2 the name of the Bosnian Serb Republic was changed to Republika Srpska.

3 From 29 February to 2 March 1992, Bosnia and Herzegovina held a

4 referendum on independence. At the urging of the SDS, the majority of

5 Bosnian Serbs boycotted the vote. The referendum resulted in a

6 pro-independence majority.

7 On 18 March 1992, during the 11th session of the Assembly of the

8 Serbian People, a conclusion was reached to "prepare for the next session

9 proposals for the takeover of power in the Republic of Serbian People of

10 Bosnia and Herzegovina."

11 From March 1992 onwards, Serb regular and irregular forces seized

12 control of territories within Bosnia and Herzegovina, including those

13 specified in this indictment.

14 On 6 April 1992, the United States and the European Community

15 formally recognised the independence of Bosnia and Herzegovina.

16 On 27 April 1992, Serbia and Montenegro proclaimed a new Federal

17 Republic of Yugoslavia and declared it the successor state of the

18 Socialist Federal Republic of Yugoslavia.

19 On 12 May 1992, at the 16th Assembly of the Serbian People in

20 Bosnia and Herzegovina, Radovan Karadzic announced the six strategic

21 objectives of the Serbian People in Bosnia and Herzegovina. These

22 objectives included the eradication of the Drina River as a border between

23 the Serbian states. During the same session, General Ratko Mladic told

24 the Assembly that it would not be possible to separate Serbs from

25 non-Serbs and have the non-Serbs simply leave the territory. He warned

Page 32

1 that attempting this process would amount to genocide.

2 On 15 May 1992, the United Nations Security Council in its

3 Resolution number 752 demanded that all interference from outside Bosnia

4 and Herzegovina by units of the JNA cease immediately and that those units

5 either be withdrawn, be subjected to the authority of the Government of

6 the Republic, or be disbanded and disarmed.

7 JUDGE MAY: Thank you.

8 Slobodan Milosevic, the time has now come for you to enter a plea

9 to that indictment. I will put the indictment to you. You should confine

10 your answer, as you know, to "guilty" or "not guilty."

11 On count 1 of this indictment, you are charged with genocide,

12 punishable under Article 4(3) of the Statute of the Tribunal. How do you

13 plead to that count, guilty or not guilty?

14 THE ACCUSED: [Microphone not activated]

15 THE INTERPRETER: Microphone, please.

16 JUDGE MAY: If you want to plead, put your microphone on.

17 THE ACCUSED: [Interpretation] I would like to say to you that what

18 we have just heard, this tragic text, is a supreme absurdity. I should be

19 given credit for peace in Bosnia, not for war. The responsibility for the

20 war in Bosnia is with the forces who broke up Yugoslavia and their agents

21 in Yugoslavia and not the Serbs or Serbian policies.

22 JUDGE MAY: Mr. Milosevic, as you know, at this time you are

23 simply required to enter a plea of guilty or not guilty. You have failed

24 to do so. Accordingly, the Trial Chamber will enter pleas of not guilty

25 on all counts of this indictment.

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1 We will now adjourn and continue the hearing in half an hour.

2 --- Whereupon the Initial Appearance adjourned at

3 10.41 a.m. to be followed by a Motion Hearing

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