1 Monday, 18 January, 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.05 a.m.
5 THE REGISTRAR: Good morning, Your Honours. Good morning
6 everyone in and around the courtroom. This is case number IT-08-91-T.
7 The Prosecutor versus Mico Stanisic and Stojan Zupljanin.
8 JUDGE HALL
9 everyone, and this being the first session since we formally adjourned
10 before the break, I wish everyone a happy new year.
11 I heard the tail end of a news item this morning which I may have
12 gotten out of context but something to the effect that productivity is
13 higher in countries with colder climates, so to the extent that there's
14 any validity to that observation, the experience that you would have had
15 in these parts over the past three weeks has meant that you are all well
16 invigorated and ready for a productive next few months.
17 So the -- I believe where we were at the adjournment is that the
18 witness Donia was on the stand being cross-examined. And unless there
19 are any other matters which would -- which need engage our attention, we
20 would resume at that point.
21 MS. KORNER: Yes, well good morning, Your Honours, and happy new
22 year to you from the Prosecution. Joanna Korner, Belinda Pidwell,
23 assisted by Case Manager, Crispian Smith. I just have one gentle inquiry
24 for the new year, whether we are going to get any decisions in the very,
25 very, very immediate future?
1 JUDGE HALL
2 MS. KORNER: I mean, like, tomorrow.
3 JUDGE HALL
4 them shortly.
5 MS. KORNER: Can I just then mention for the purposes of the
6 record, that one of the decisions relates to the witness who is supposed
7 to be coming tomorrow. Or may have an effect, can I put it that way.
8 JUDGE HALL
9 MR. ZECEVIC: Good morning, Your Honours. Happy new year to you
10 too. Slobodan Zecevic, Slobodan Cvijetic, Eugene O'Sullivan and
11 Tatjana Savic appearing for the Stanisic Defence this morning. However,
12 Mr. Cvijetic who is conducting the cross-examination of witness Donia has
13 one preliminary matter he would like to raise with Your Honours. Thank
14 you very much.
15 MR. CVIJETIC: [Interpretation] Good morning, Your Honours --
16 JUDGE HALL
17 for the Zupljanin, please, and then we will hear you.
18 MR. PANTELIC: Good morning, Your Honours. For
19 Zupljanin Defence, Igor Pantelic and Dragan Krgovic. At the same time I
20 would like to express a deepest condolences for the loss of UN officials
21 in the Haiti
23 officers members of UN staff at Haiti
24 their recovery. Thank you.
25 JUDGE HALL
1 MR. CVIJETIC: [Interpretation] Good morning, Your Honours. I
2 waited for the interpretation to end. I also wish you a happy new year.
3 As my colleague Mr. Zecevic has said, I cross-examined Mr. Donia,
4 and we broke off when we discussed a topic with which I would like to
5 resume today. Mr. Pantelic and I redistributed the topics we will deal
6 with, and we made a time estimate in view of finishing with Mr. Donia
7 today. One of our conclusions which we are certain about is that we will
8 finish our cross-examination of Mr. Donia today. Only we are not sure
9 how much time will be used by either of us. But we would like to ask you
10 to allow Mr. Pantelic and me to work with Mr. Donia during three
12 So far we haven't been able to prepare a video-clip we would like
13 to show, and we will continue preparing it to be shown during the first
14 session, and we would like to show it during the second session during
15 which I would like to finish with Mr. Donia, and Mr. Pantelic will take
16 over, so, so much for me. Thank you.
17 [Trial Chamber confers]
18 JUDGE HALL
19 on which they are still working, in which -- in respect to which I gather
20 there are certain technical problems; however that is -- while that is
21 being worked through, the bottom line is that the witness Donia must be
22 concluded today including re-examination by the Prosecution.
23 So we would begin immediately with the cross-examination, and see
24 -- to maximise the time that we have. Maximise use of the time that we
25 have. And the -- such work as has to be done on this video that you wish
1 to use would continue.
2 Could the usher have the witness return to the stand, please.
3 [The witness takes the stand]
4 JUDGE HALL
5 still on your oath.
6 THE WITNESS: Good morning, Your Honours. Thank you, yes.
7 MR. CVIJETIC: [Interpretation] Your Honours, I have the English
8 versions of both publications of Mr. Donia. I can see that Mr. Donia
9 doesn't have any copies on him, so I would like to ask the usher to pass
10 this to him.
11 WITNESS: ROBERT DONIA [Resumed]
12 Cross-examination by Mr. Cvijetic: [Continued]
13 Q. [Interpretation] Mr. Donia, good morning.
14 A. Good morning.
15 Q. And a happy new year. Can we start?
16 Mr. Donia, I'm going to remind you briefly that last time we
17 started dealing with a topic we couldn't finish. I tried to introduce a
18 Defence document which was a letter written by the parents of Muslim
19 children from Neum in which they asked for instructions from the
20 headquarters of the SDA party in Sarajevo as to what they should do
21 because they were required to send their children to school where they
22 would be taught from school books from Croatia.
23 This letter is dated 16 September 1991. You said that this
24 letter might not be relevant for this trial because, according to you,
25 the Croatian community of Herceg Bosnia
1 November 1992
2 - and we are now on page 32 of the B/C/S version, and it's page 34 of the
3 English version - you state that the exact date is the 18th of November,
5 I would like to go into that a bit deeper because the
6 Trial Chamber was reluctant to accept my document until we clarify the
7 date issue and the things related to the existence of the HZ HB.
8 MR. CVIJETIC: [Interpretation] That's why I ask Exhibit 1D00-3678
9 to be displayed. I apologise, but we have a binder with exhibits for
10 Mr. Donia so he doesn't have to read off the screen. Could I ask the
11 usher to pass it on to the witness, please. To speed up things.
12 Q. Dr. Donia, the exhibit that can be seen on the screen is under
13 tab 8 in this binder. This is an accompanying letter drafted by
14 Mr. Mate Boban in which he addresses the president of the Republic of
16 informs him of the establishment of the Croatian community of
17 Herceg Bosnia. Number 8 it was. Did you find it?
18 A. Yes.
19 Q. On the following page, as an enclosure to this document --
20 MR. CVIJETIC: [Interpretation] Could we please see the following
21 page on the screen.
22 Q. Is the decision about the establishment of the Croatian community
23 of Herceg Bosnia
24 the following page. Have you found it, Doctor?
25 A. Yes.
1 Q. Please take a look at this decision. You know it. Well, my
2 question is very simple, when you said that the Croatian community of
3 Herceg Bosnia was established on the 18th of November, you were probably
4 referring to this decision; is that right?
5 A. Yes.
6 Q. All right. And you recognise it, we needn't read it and comment
7 it. I will simply ask to tender this into evidence as this is a document
8 recognised by you and which you were referring to.
9 MR. CVIJETIC: [Interpretation] Your Honours, I ask that this
10 document be tendered as a Defence exhibit.
11 JUDGE HALL
12 THE REGISTRAR: As Exhibit 1D141, Your Honours.
13 MR. CVIJETIC: [Interpretation] Very well. Could we now please
14 see Exhibit 1D00-3672.
15 Q. It's under tab 9, Dr. Donia, you have probably found it already.
16 A. Yes, I'm familiar with this, yes.
17 MR. CVIJETIC: [Interpretation] Only for the benefit of the Bench
18 we will say what it is; it's a statutory decision that accompanies the
19 decision on the establishment of the HZ HB.
20 Q. What I would like to ask you is whether this statutory decision
21 point toward a high degree of statehood attributes of the HZ HB due to
22 the content of this statutory decision?
23 A. I would say it attributes some degree of statehood to that, about
24 the same as, say, the decision on the formation of the community of
25 municipalities of Bosnia
1 statehood, but some attributes.
2 Q. Thank you, Doctor. The point of my question was exactly the
3 existence of some attributes of statehood, I didn't mean that there was
4 full statehood.
5 MR. CVIJETIC: [Interpretation] Your Honours, I seek to tender
6 this into evidence. Also since the witness obviously is familiar with
7 this document.
8 JUDGE HALL
9 to tender the last document, and I wonder -- I would now raise the
10 question that I thought of, whether these don't fall into that package of
11 documents to which we had referred about in November or thereabouts which
12 are being statutory or quasi-statutory, didn't have to be formally
13 exhibited but would form part of a list to be sorted out at some point
14 between the sides - what do you call it, the law library, yes, called the
15 law library - or whether this isn't a part of that -- wouldn't be a part
16 of that package.
17 MR. CVIJETIC: [Interpretation] No, Your Honours. No. I believe
18 that the Prosecutor will also agree. That package of ours includes
19 regulations and laws at the level of Bosnia and Herzegovina which were
20 published in the Official Gazette of Bosnia-Herzegovina. These are
21 regulations that apply only to a smaller area, and they will be used only
22 when mention is made of the Croatian committee of Herzegovina Bosna,
23 that's why I seek to tender it now without waiting to for the entire
25 MS. KORNER: The only query I have, Your Honour, is why this is
1 relevant, that's all. That's the only query, not -- it's certainly not
2 part of the package of laws. But I don't understand on what basis it's
3 said to be relevant to the community of Herceg Bosnia.
4 JUDGE HALL
5 question, the last question that was put to the witness, I see the
6 context for it, the last exchange question and answer to the witness, his
7 observations, his comments on the effect of this. So to that extent it
8 would be admissible, would be relevant and therefore admissible. So it
9 is admitted and marked. Thank you.
10 THE REGISTRAR: As Exhibit 1D142, Your Honours.
11 MR. CVIJETIC: [Interpretation]
12 Q. Mr. Donia, we will now return to the point the Defence wishes to
13 make in connection with the letter which I don't want to put back on the
14 screen right now. Instead I want to show Exhibit 1D00-3693.
15 It's under tab 11 in your binder, Doctor. Yes, that's it.
16 A. Yes, I see it.
17 Q. As you can see, I can merely assist you, you may or may not know
18 Smiljko Sagolj has signed as editor of the news programme of the Sarajevo
19 TV. The content of this letter isn't very interesting to me, but what I
20 am more interested in is the way Mr. Sagolj addresses Mr. Boban. It
21 says, To Mr. Mate Boban, president of the HZ HB. And what is most
22 interesting in all this is the date, in November 1990.
23 Mr. Donia, after the multi-party elections in the field, the
24 Croatian community Herceg Bosnia
25 A. Well, as I've said, it was established formally on November 18,
2 Q. Yes, but I've just shown a document from which we can see that it
3 is, in fact, functioning, and that it has had a president from 1990. Do
4 you accept that this community was in fact in existence before it was
5 officially established?
6 A. No. I -- the English copy that I'm looking at has a question
7 mark associated with 1990, I think suggesting that it may have been 1991.
8 That would be the correct date of this document.
9 Q. Would you just take a look at the B/C/S version, the printed
10 version. Do you have the B/C/S version? It's a fax with the date.
11 A. I see it on the screen, yes.
12 Q. And it says 1990, does it not?
13 A. Yes.
14 Q. Very well. But despite that, you quite obviously don't agree
15 with the point I'm making that the Croatian community of Herceg-Bosna
16 existed since 1990?
17 A. That's correct, I don't agree with you, yes.
18 Q. Very well. Now, let me go back to your report, the one you
19 prepared for the Karadzic trial, and let me just remind you, I think you
20 say there that the Croatian Defence Council as an armed formation of the
21 Croatian community of Herceg-Bosna was established, unless I'm very much
22 mistaken, in April 1992. Do you remember your paper on that? I think
23 you have it in front of you?
24 A. Yes, I do.
25 MS. KORNER: Can we have the page number, please.
1 MR. CVIJETIC: [Interpretation] Yes, yes, just a moment, please.
2 May I just take a moment to locate it.
3 Q. Mr. Donia, you remember saying that, do you not? Is that right?
4 A. Yes.
5 Q. That it was in April?
6 MR. CVIJETIC: [Interpretation] And I think I've found the
7 footnote, just to tell Ms. Korner. I apologise, I just have to take a
8 moment. The Croatian Defence Council was established on the 8th of
9 April, 1992, by the president of the Croatian community of Herceg-Bosna,
10 and that is in footnote 118 in that additional paper, and it's to be
11 found on page 41 of the B/C/S, but I'm sure you'll be able to find it if
12 you look at the footnote 118.
13 Q. Have you found that, Doctor -- well, you know it anyway because
14 you wrote it; right?
15 A. Yes, I've found it, and I know it.
16 MS. KORNER: Just please pause for a moment. Can you tell me
17 what you are describing as the Karadzic reports? The only two reports
18 which have been exhibited in this case are the origins of the
19 Republika Srpska and the Bosnian Krajina. Now, what is the Karadzic
20 report? Yes --
21 MR. CVIJETIC: [Interpretation] Your Honours, Ms. Korner seems to
22 have forgotten that part of that paper has been admitted into evidence in
23 our case, and that's the portion that I'm referring to, the one deemed
24 relevant by the Trial Chamber.
25 MS. KORNER: Your Honour, I'm -- Mr. Cvijetic is absolutely
1 right. I call it the Sarajevo
2 confused as to what the Karadzic report was.
3 MR. CVIJETIC: [Interpretation] Very well. We can continue then.
4 Q. Mr. Donia, linked to that particular date, may we have document
5 1D00-3853 next, please.
6 MS. KORNER: Your Honours, I'm sorry to interrupt Mr. Cvijetic,
7 but Ms. Pidwell reminds me, you only admitted chapters 4 to 6. What
8 Mr. Cvijetic has just referred to is outside that. Now, I don't mind, I
9 wanted the whole report in anyhow, but it's going to make it a bit
11 MR. CVIJETIC: [Interpretation] Four, five, and six.
12 [Trial Chamber and legal officer confer]
13 JUDGE HALL
14 Mr. Cvijetic is made is in fact within what we have ruled as admissible.
15 MS. KORNER: It shows one should always double-check information.
16 Your Honour is right.
17 I'm sorry, Mr. Cvijetic.
18 MR. CVIJETIC: [Interpretation] Very well.
19 Q. Mr. Donia, you have the exhibit in the binder under number 10, so
20 could you take a look at Exhibit number 10, please, Mr. Donia.
21 There you will be able to see a letter from the Croatian
22 community of Herceg-Bosna on a letterhead of the Croatian Defence Council
23 on their paper. The text isn't too relevant. What is relevant is the
24 date. It's the 1st of June, 1990. Now, Mr. Donia, whichever way you
25 look at it, both the Croatian community of Herceg-Bosna and this armed
1 section of its army were established in 1990, and that is confirmed by
2 this document; isn't that right?
3 A. I am sorry, I don't see a date on the English.
4 Q. If you look at the B/C/S version on the screen, you'll see a
5 date, I believe, there. Can you see it?
6 A. Yes.
7 Q. It says the 1st of June, 1990. So I asked you the question, and
8 it was as follows: From these two documents can we see that we have an
9 entity on the ground as early as 1990, a Croatian entity, that is, with
10 it's armed formation as well?
11 A. No, I think you are looking at the dates that are coming from the
12 fax heading, and both of them have the characteristic of a date that --
13 to which there is no relationship to the document. The document in both
14 of these cases would not make sense to have taken place well before the
15 elections of November 18, 1990. I believe it's most likely that this is
16 simply a fax machine header that someone forgot to set the correct date
18 Q. Very well. I'll just say briefly that it seems quite improbable
19 that on the documents that the HZ HB and the Croatian Defence Council
20 wasn't working properly and that this was somebody doing it
21 retroactively, but I'll leave that to the Trial Chamber to assess the
22 authenticity of the document. And I will now move on to the next
24 JUDGE HALL
25 I'm trying to phrase this carefully because since you can't give
1 evidence, do I understand the position to be that in the original B/C/S
2 version, the date nowhere appears? And yet your question was based only
3 on the date in the fax header? So the date, in fact, is not there, in
4 the B/C/S version; is that the position? Is it in the body, or isn't it?
5 MR. CVIJETIC: [Interpretation] No, Your Honour, just looking at
6 the upper date when the fax was sent, I'm making the conclusion that it
7 is 1990. That's the only piece of evidence that I'm able to conclude
8 this on.
9 JUDGE HALL
10 MR. CVIJETIC: [Interpretation] Very well.
11 Q. Mr. Donia, let's now move into 1992.
12 MR. CVIJETIC: [Interpretation] And for that let us look at
13 document 1D00-3511.
14 Q. It's number 13 in your binder.
15 A. Yes, I see it.
16 Q. Have you found it? Fine.
17 JUDGE DELVOIE: The precedent document, are you tendering it?
18 MR. CVIJETIC: [Interpretation] Yes, Your Honour, both the
19 previous documents, I omitted to state that. There are two that I'd like
20 it to tender, the letter by Smiljko Sagolj, the edited 1D3693 and
22 JUDGE HALL
23 THE REGISTRAR: As 1D143, and 1D144 [Microphone not activated].
24 MR. CVIJETIC: [Interpretation] Shall I repeat the numbers?
25 THE REGISTRAR: Your Honours, the documents will become
1 Exhibits 1D143 and 1D144.
2 MR. CVIJETIC: [Interpretation]
3 Q. Mr. Donia, this is the Official Gazette of the Croatian community
4 of Herceg-Bosna, as you can see there in the heading. Document number 13
5 is what you should be looking at. Have you found it?
6 A. Yes.
7 Q. And here you have the regulations of the HZ HB that were
8 published, and among others on the left-hand side you have the decree on
9 the establishment of a division of the Supreme Court of the HZ HB. Can
10 you see that decree?
11 A. Yes, I do.
12 Q. And in Article 5 it says how the members are elected and relieved
13 of duty, and that it is exclusively at the proposal of the Presidency or
14 recommendation of the Presidency of the HZ HB. And then there's another
15 decree that refers to the Prosecutor's Office. That's right, isn't it?
16 A. Yes.
17 Q. Very well. Now, going on to the next page, because I have one
18 question I need to ask you on the basis of all these four decrees, so
19 let's look at the other two decrees, I think it's on the following page.
20 We have already seen two, and now I'd like to look at two more.
21 Next page, please. It is the application of the law on public
22 law and order of Herceg-Bosna, and road safety, a decree on road safety.
23 So those are two decrees on the implementation of the law of public law
24 and order and road safety.
25 A. Yes.
1 Q. Now, I've asked you to look at those documents because I wanted
2 to talk about a decree which says that the provisions and regulations of
3 Bosnia-Herzegovina will be applied on the territory of Herceg-Bosna as
4 well, that they should be applicable there too, only if they are not in
5 contravention with these decreases and articles and some other
6 regulations passed on the basis of these principle articles. So does
7 that remind you of the attributes of statehood for HZ HB because it has
8 an Official Gazette, it is publishing its own decrees and articles and
9 selects the BH regulations that could be applicable and applied to the
10 HZ HB? Is that the state attributes that you had in mind when you said
11 that, yes, indeed, it did have certain attributes of statehood?
12 A. No. The attributes of statehood to which I referred in response
13 to your earlier question were those in the decree of November 18, 1991
14 in particular the last three sections or sentences of that decree.
15 These, to me, would go further in adding attributes of statehood
16 to what was essentially an expanded concept of Herceg-Bosna.
17 Q. Mr. Donia, that's precisely my point. I think that if you look
18 at the last decree there, that fines are paid in Croatian currency, the
19 Croatian dinar, that's what it says there, is it not? Can you find that
20 portion? It's in Article 2 of the decree on road safety. Can you see
21 that, the portion about fines?
22 A. Yes.
23 Q. So a currency is being produced that wasn't legal tender in
24 Bosnia-Herzegovina, but was in Croatia
25 A. I'm not sure it wasn't legal tender in Bosnia-Herzegovina. I
1 don't know for sure that it was not.
2 Q. But I assume you do know that it was a separate currency intended
3 for HZ HB?
4 A. Yes.
5 Q. Thank you for that answer, Mr. Donia. We have to move on.
6 MR. CVIJETIC: [Interpretation] Your Honours, I'd like to tender
7 this document into evidence. It is 1D00-3511. In view of the answers
8 given by Mr. Donia, I think that they confirm the Prosecution [as
9 interpreted] case on this point.
10 JUDGE HALL
11 THE INTERPRETER: Interpreter's correction: Defence case on this
13 THE REGISTRAR: Your Honours, admitted at Exhibit 1D145.
14 MR. CVIJETIC: [Interpretation]
15 Q. Mr. Donia, we have to move on. With the Dayton Peace Accords,
16 and its general knowledge that the HZ HB by those accords was not
17 recognized as a separate entity; that's right, isn't it?
18 A. Yes, it is.
19 Q. Similarly, the military formations were abolished and a joint
20 Army of Bosnia-Herzegovina was formed; right?
21 A. The military formations were not abolished, but there was a joint
22 army of Bosnia-Herzegovina formed.
23 Q. Yes, that's what I meant to say. Perhaps I didn't express myself
24 properly, or it wasn't interpreted properly.
25 MR. CVIJETIC: [Interpretation] But let's look at the next
1 document which is 1D00-4526.
2 Q. It's number 14 in your binder. Here we have it on our screens.
3 MR. CVIJETIC: [Interpretation] And may we zoom up so that we can
4 see the title of the document. That's right. To show the heading.
5 Q. Mr. Donia, unless I'm mistaken, we are dealing with December 1996
6 here and the Croatian republic of Herceg-Bosna
7 Official Gazette, and it's still called Herceg-Bosna, right, and here we
8 have a decree, and I just selected one by way of an example. It's a
9 decree having the force of law on amending the law governing the army of
10 the Croatian republic of Herceg-Bosna
11 officers of the Croatian Defence Council. Can you find that? It's on
12 the first page.
13 A. Yes.
14 Q. How, then, can you explain this fact, Mr. Donia, the fact that in
15 December 1996, that is to say one year after Dayton, the Croatian
16 republic of Herceg-Bosna, still exists, it has its Official Gazette, it
17 publishes its regulations and decrees and even deals with its own armed
19 A. The Croatian Republic
20 violation of the Dayton Accords for some time after the signing of
22 the armed forces. There is, I believe, one provision in the Dayton
23 constitution, or at least the military annex, that recognizes the HVO.
24 But the HZ-- or the Croatian Republic of Herceg-Bosna
25 part of the Dayton Agreement, and it was eventually terminated, I
1 believe, in 1998. But until that time it existed, it operated in
2 contravention of the Dayton Agreement provisions.
3 Q. Well, I have to smile, I don't know what is coming next. I think
4 you are agreeing with me, so I'll continue along those lines not to upset
5 the barrel. So that is the absence of it, the Croatian community of
6 Herceg-Bosna did in fact continue to exist. And my next question, and
7 that will round off this subject of Herceg-Bosna, we'll finish with that
8 topic, but you were a system professor at the University of Sarajevo
9 time, were you not, and you went to Bosnia-Herzegovina frequently; right?
10 A. May I just in your transition to this new line, you made the
11 statement that the Croatian Community of Herceg-Bosna continued to exist.
12 It did not. In 1993 the Croatian Community of Herceg-Bosna was converted
13 to the Croatian Republic of Herceg-Bosna
14 time until 1998.
15 I was and am an associate professor at the University of Sarajevo
16 without pay, without work, but who in fact was given that title several
17 years ago.
18 Q. I'm now going to give you my own impressions and try to see if
19 you agree and whether you share my impressions. I travelled around --
20 well, let's call it the one-time Croatian community of Herceg-Bosna or
21 the Republic of Herceg-Bosna
22 -- I have the feeling that it still exists looking at the radio and
23 television stations, the various headings that you see there, so have you
24 travelled around the Croatian community of Herceg-Bosna at all?
25 A. Yes, I have.
1 Q. Do you have that same feeling, that it still exists, in fact?
2 A. No.
3 Q. Obviously we don't share the same impressions. I have a
4 different impression. Of course we needn't agree on that point. Very
5 well. Now, Mr. Donia, let's move on to another area, and -- well,
6 Your Honour, I apologise but I forgot to tender the Official Gazette of
7 the Croatian Republic of Herceg-Bosna
8 robust commentary from Mr. Donia. It's 1D00-4526.
9 MS. KORNER: This one I do object to, Your Honours. Absolutely
10 nothing to do with this case at all. Miles out of the period, totally
11 irrelevant to any issue that Your Honours may have to decide upon as to
12 whether they tried continue in violation of the Dayton Agreements.
13 JUDGE HALL
15 So Mr. Cvijetic, the document will not be admitted.
16 MR. CVIJETIC: [Interpretation] Okay. I will be abide by your
17 decision, but the Registry has told me that we do have an English
18 translation. If that's the reason for it not being admitted. But let me
19 say by way of explanation, the document is --
20 JUDGE HALL
21 MR. CVIJETIC: [Interpretation] Yes, that wasn't the reason,
23 Yes, I accept your decision, and we can move on.
24 Q. Mr. Donia, we are now on page 31 of your paper entitled "The
25 Origins of Republika Srpska." Actually, in English it's pages 33 and 34,
1 to help you find your way. And I'll prepare by questions while you are
2 doing that.
3 On that page, you deal with the question of the Assembly of
4 Bosnia-Herzegovina, which was held, as we know, on the 15th of October,
5 1991; is that right?
6 A. On the 14th to 15th October, 1991, yes.
7 Q. Yes. Well, at that same Assembly, a decision was made about the
8 sovereignty of Bosnia-Herzegovina; isn't that right?
9 A. Not quite. I think the Assembly passed a resolution about
10 sovereignty, but it really didn't make a decision about it. It simply
11 drew attention to the sovereignty that had already been expressed in one
12 of the amendments to the constitution passed in July of 1990.
13 Q. Very well, thank you for that explanation. But at any rate, we
14 are not challenging the fact that the resolution was adopted without the
15 presence of the Serbian representatives in the Assembly of
16 Bosnia-Herzegovina so it was only the Croats and Muslim deputies who
17 voted for it, or the deputies representing the parties of the SDA and the
18 HDZ; am I right?
19 A. Yes.
20 Q. At that Assembly, the Serbian deputies tried to prevent that kind
21 of decision from going through, saying that it was unconstitutional, that
22 it was violating the constitution because it touched upon the vital
23 interests of one of the nations. Mr. Karadzic took the floor several
24 times and tried to draw the Assembly's attention to that.
25 MR. CVIJETIC: [Interpretation] So may we now have Exhibit P13.
1 Exhibit P13, please.
2 Q. In your binder it's under tab 15, I forgot to point that out,
3 sorry. Have you found it?
4 A. Yes, I have.
5 Q. It was only one in a series of appearances. I mentioned the page
6 references in both versions, and it was a rather dramatic appearance and
7 you also commented Mr. Izetbegovic's reaction who understood that to be a
8 threat. And later only one sentence was singled out from that speech and
9 which was characterised as a threat.
10 But, Mr. Donia, I'll be brief about this because this document is
11 already in evidence, and we have discussed it earlier. Wouldn't it be
12 fair to read Mr. Karadzic's entire speech, and then draw the conclusion
13 that essentially he is actually asking those present not to adopt such a
14 decision which is unconstitutional. You also quoted one of -- one
15 sentence on page 3 of the B/C/S version, a few lines down, it says, as
16 his final argument, he says, "My gentlemen, until you -- this issue of
17 the structure of Bosnia-Herzegovina is taken off the agenda, I will
18 continuously take the floor." He is threatening that he will use
19 constitutional means to prevent some things that he -- to contact
20 The Hague
21 possible consequences as have been seen in Croatia.
22 Mr. Donia, do you agree with me when I say that this document
23 must be interpreted in the context of his entire speech and not only with
24 regard to a few singled out sentences?
25 A. Certainly, I do. And I think it also should be taken in the
1 context of other utterances that he made in the immediate several days
2 preceding this one on the floor of the Assembly to understand what his --
3 what his statement really meant in the context that he was uttering it.
4 Q. Then you will agree with me when I say that in that context we
5 should -- in that context we should also interpret his subsequent
6 behaviour because after that Assembly war did not break out, mediation
7 ensued by the international community, and Mr. Karadzic agreed to a plan
8 in which there was no Greater Serbia or truncated Yugoslavia, but rather
9 a sovereign Bosnia
10 speech of his?
11 A. No, I wouldn't think that is the context in which to view it in
12 the first instance in any case. The immediate context was that that very
13 day, the 15th of October, marked, that evening, the beginning of a
14 protracted planning process in which Dr. Karadzic and others undertook to
15 lay plans for a separate Serb state within Bosnia.
16 Q. Mr. Donia, the Republika Srpska was not planned to be a separate
17 Serbian state outside of Bosnia-Herzegovina, nor was it envisaged such by
18 the constitution of Republika Srpska. Therefore I must show you
19 Exhibit P181.
20 MR. CVIJETIC: [Interpretation] I would like to see it on our
21 screens, please. And in your binder, it's under page 17. That's the
22 constitution, and if we could see Article 143 of the constitution. It's
23 at the very end of the text.
24 JUDGE DELVOIE: Mr. Cvijetic, something I don't understand
25 really. You seem to talk about a separate Serbian state outside of
1 Bosnia-Herzegovina. The witness -- the witness was talking about a
2 separate Serb state within Bosnia
3 MR. CVIJETIC: [Interpretation] If I didn't understand the
4 interpretation, it may have been my mistake, but I think it was
5 interpreted that way. Well, we'll clarify based on this constitutional
6 article. I heard it the other way around, but we can check it with the
7 witness, Your Honour. Or let's hear the witness.
8 Q. When you were interpreting Karadzic's -- Karadzic's aspirations
9 with regard to the Republika Srpska, what exactly did you have in mind?
10 A. I referred to his aspirations to create a separate Serb state
11 within Bosnia-Herzegovina.
12 MR. CVIJETIC: [Interpretation] Well then, you are right,
13 Your Honour. I apologise.
14 Q. Let us now read Article 143. Have you reached the final
15 provisions of the constitution yet, sir? Let us try to corroborate my
17 A. Article 143 is what you -- I've' reached it. I read it. I don't
18 know what it means.
19 Q. As you see, the constitution leaves open the possibility of being
20 adapted to the constitutional acts of Bosnia-Herzegovina because
21 negotiations about that were still underway, so the constitutional order
22 of Bosnia-Herzegovina was still uncertain and open, which is reflected
23 here. Isn't that correct?
24 A. Yes, at this time there was no constitutive act that I know of on
25 the order of relations in Bosnia-Herzegovina. If there were, and, indeed
1 there were, discussions going on both among the parties and with the
2 international community about what those relations would be, and had they
3 been successful, they might have resulted in such a constitutive act.
4 But it didn't exist at this time.
5 Q. Very well, we will get to those negotiations yet. But before the
6 break, let me ask the following question about this Assembly. Actually
7 we have only two questions about it. Can you agree with me, sir, that
8 with this Assembly resolution, a serious constitutional and political
9 crisis began in Bosnia-Herzegovina?
10 A. Well, I would agree that it was a watershed event, in that it
11 sent the various parties heading in different directions. Arguably the
12 constitutional crisis could be dated earlier than this, but it certainly
13 intensified that crisis to the point of affecting the way in which the
14 primary political parties behaved thereafter.
15 Q. Very well, and my second question about this decision is the
16 following: I'm asking you to state your opinion, you don't need to be an
17 expert for constitutional law, I believe, and so, therefore, I believe I
18 may ask this question. Was this decision in the spirit of the
19 constitution of Bosnia-Herzegovina?
20 A. I really can't answer that question. It's clear that the various
21 parties had very different understandings of what the constitution
22 provided, and that in some cases, those understandings were not really
23 based on an examination of the constitution as much as wishful thinking.
24 But whether it was in accord with the constitution or even the spirit of
25 the constitution, I really can't -- I'm not an expert in that area and
1 really can't answer it.
2 Q. Yes, and I noticed that for constitutional and other legal
3 issues, you consulted certain works of literature, you indicated as much
4 in the footnotes. And several times you consulted Mr. Robert Hayden's
5 book, a draft for a divided house, or some such. Am I correct when I say
7 A. It's one of the things I examined, yes.
8 MR. CVIJETIC: [Interpretation] Well, this may be a good
9 opportunity for us to take a look at Defence Exhibit 1D01-1156.
10 Q. It's under tab 16, Doctor. It's an excerpt from a
11 Mr. Robert Hayden's book "Blueprints For a House Divided."
12 Could you please turn to page 94. Not page 94 of the document, but that
13 page of the book. It's in the second sheet in your binder, Doctor, I
15 So I would now like to ask you to skim through it to see what
16 Mr. Hayden says about this decision.
17 A. Yes.
18 Q. It would seem that his position is that such a decision was not
19 in line with the spirit of the constitution of Bosnia-Herzegovina. Do
20 you agree with Mr. Hayden's comment?
21 A. No, I don't. Because he fails here to note the -- I believe he
22 fails here, if I'm reading the context correctly, that he fails to note
23 that the -- there was an effort it to create a council of national
24 equality, not as a separate Chamber of legislature, but as a kind of
25 committee drawing members from both other chambers -- both chambers of
1 the legislature. And the legislature, or the Assembly failed to adopt --
2 failed to appoint the members to that, failed to adopt a working document
3 which would form it. And the absence of that body, to me, was a crucial
4 step in understanding what happened on the 15th of October, why the --
5 Dr. Karadzic and the SDS
6 propositions that were submitted, and also why the HDZ and SDA felt
7 comfortable in moving forward and voting for it.
8 Q. I believe that we agree with Mr. Hayden that there was no
9 constitutional mechanism for the protection of vital national interest
10 because in the Assembly there was no house of peoples, and of course that
11 council wasn't established or did it ever meet. Essentially, that is in
12 line with what you said, isn't it?
13 A. Yes, in the period before the elections, all three nationalist
14 parties agreed that there should be, A, either third chamber; or a body
15 such as the council of nationalities to ensure the protection of rights
16 of each nation.
17 Q. Yes, but nothing of the kind was in existence, was it?
18 A. The provision for it was in existence in the constitution, but it
19 was never actualised by an act of the Assembly.
20 Q. Thank you. That's what I meant.
21 MR. CVIJETIC: [Interpretation] Your Honours, my next topic is
22 unrelated, so should we have a break now, or should I start dealing with
23 this new topic?
24 JUDGE HALL
25 please continue.
1 MR. CVIJETIC: [Interpretation] Very well.
2 Q. Mr. Donia, I will now be dealing with a topic. Before we move on
3 to Cutileiro's plan with which I'll finish, but until that time I'd like
4 to dwell on a topic you are dealing with on pages 30 through 33 in the
5 English version of your work, your basic paper. And it's pages 28
6 through 31 in the B/C/S. I want to go into the transformation of the
7 Yugoslav People's Army.
8 MS. KORNER: Which one? Which report, please?
9 MR. CVIJETIC: [Interpretation] The first report, the creation of
10 Republika Srpska, the first basic report we are dealing with anyway. The
11 page reference for the English version is 30 through 33.
12 Q. Mr. Donia, you know what I'm referring to, the transformation of
13 the Yugoslav People's Army; right?
14 A. Yes.
15 Q. You are arguing that the Yugoslav People's Army started
16 transforming into a Serbian military ever since Croatia; is that correct?
17 A. Do you have a date?
18 Q. No, not a date. I mean, from the war in Croatia. I believe that
19 I found that position expressed subsequently in your report.
20 A. At the time that the war in Croatia
21 war sometime in September 1991, I would see the first indications of the
22 transformation of the JNA in Bosnia
23 that didn't gain momentum until 1992.
24 Q. Very well. I'm going to show you some documents from an earlier
25 period so that we may see whether such an attitude toward the JNA existed
1 in 1991.
2 MR. CVIJETIC: [Interpretation] So let us see now a document
3 number 1D00-3848. It's under tab 25 in your binder, Doctor.
4 Q. Have you found it?
5 A. Yes.
6 Q. As you can see, this document is unambiguously dated, it's 1991,
7 and the Citluk municipality is in the area of the Croatian community of
8 Herceg-Bosna. With this decision they introduced a moratorium on sending
9 recruits to the JNA, but this is mid-1991. You will certainly agree with
10 me, sir, that the transformation of the JNA began, among other things, in
11 such a way also.
12 A. Yes, I think that the transformation of the JNA had several
13 different components, and this was one of them.
14 Q. Very well.
15 MR. CVIJETIC: [Interpretation] Your Honours, I seek to tender
16 this document because the witness appears to be in agreement with the
17 allegations in this document and with the -- with the case of the Defence
18 -- with the point of the Defence.
19 JUDGE HALL
20 THE REGISTRAR: As Exhibit 1D146, Your Honours.
21 MR. CVIJETIC: [Interpretation] Very well, could we now see
22 document 1D00-054 [as interpreted]. It's under tab 27, Doctor.
23 Q. Have you found the document, sir?
24 A. Yes, I have.
25 Q. Let us not comment, I'll just ask you whether you agree with me
1 that here the HDZ BiH asks their members in 1991 to refrain from sending
2 their children to the JNA; is that correct?
3 A. Yes.
4 Q. Very well.
5 MR. CVIJETIC: Your Honours. I would like to tender this
6 document as a Defence exhibit also.
7 JUDGE HALL
8 THE REGISTRAR: As Exhibit 1D147, Your Honours.
9 MR. CVIJETIC: [Interpretation] And the following document is one
10 by the SDA, let's see, its attitude towards the JNA. It's document
11 1D00-3840. Can we see it, please. It's under tab 26, Doctor.
12 Q. Here the SDA, if you can see, is suggesting to prevent the taking
13 over of documentation from the JNA to hide registers of possible recruits
14 who could be drafted to the JNA; is that correct?
15 A. No, I don't see the word "hide" here unless we have a translation
16 issue. It merely asks that the police be the guardians of those military
17 records. That they be -- also be involved in guarding those records.
18 Q. But the purpose of this act is actually to prevent the JNA from
19 laying their hands on these documents and gaining control over these
20 documents; isn't that correct?
21 A. It states that this recommendation or order is in response to
22 those actions.
23 JUDGE HALL
24 this, could we take the break now and return to this in 20 minutes.
25 MR. CVIJETIC: [Interpretation] Okay.
1 [The witness stands down]
2 --- Recess taken at 10.26 a.m.
3 --- On resuming at 10.52 a.m.
4 JUDGE HALL
5 would alert counsel that we would need 10 minutes before the end of the
6 -- today's adjournment to deal with a number of matters in which the
7 Chamber will make some rulings. And I emphasise that the witness Donia,
8 must be completed today.
9 [The witness takes the stand]
10 MR. CVIJETIC: [Interpretation] Can I continue, Your Honours?
11 JUDGE HALL
12 MR. CVIJETIC: [Interpretation]
13 Q. Mr. Donia, we don't want to deal with this document very long so
14 I will be specific. Please direct your attention to paragraph 2 where
15 basically the republic is overruling the federal law on military service,
16 and there is also another fact, namely that a political party is dealing
17 with this matter rather than the political authorities in
18 Bosnia-Herzegovina because -- do you see the contradiction because these
19 are matters with which the authorities of the republic or the Presidency
20 can deal with, et cetera? Can we agree that this has a bearing on the
21 functioning of the JNA?
22 A. Yes.
23 Q. Thank you.
24 MR. CVIJETIC: [Interpretation] Could we, please, see a document
25 from this group, 1D00 -- Your Honours, I have again forgotten, now the
1 witness has agreed with my point, and therefore I seek to tender this
2 document as a Defence exhibit.
3 JUDGE HALL
4 THE REGISTRAR: As Exhibit 1D148, Your Honours.
5 MR. CVIJETIC: [Interpretation] Very well. The final document is
6 1D00-3783. It's under tab 24, Doctor.
7 Q. I'm referring to the decision on the right side. It's the
8 decision to withdraw representatives of Bosnia-Herzegovina from all
9 federal organisations. Twenty-four on the right-hand side, the upper
10 decision. Well, maybe not in the English language version. Have you
11 seen the decision on the withdrawal of representatives?
12 A. Yes.
13 Q. It is short, and we won't comment much on it. It is dated the
14 25th of January, 1992. The vice-president of the Assembly of the
15 Socialist Republic of BiH, that is the Assembly function without the
16 Serb's representatives, he assigned the decision to withdraw all
17 representatives of the SR BiH from all federal bodies and organs. So my
18 question is about the context of the relationship with the JNA. You will
19 agree, won't you, that this obviously is the falling apart of the
21 A. No.
22 Q. Well, what is it, according to you you, then?
23 A. Well, at this point the --
24 Q. Be brief, if you can.
25 A. If you want ask me a question, I'll answer it as best I can. The
1 withdrawal of representatives was -- put Bosnia in the same position as
2 the other two western republics had earlier -- had taken earlier. It was
3 not necessarily a permanent withdrawal insofar as it was prior to the
4 referendum, certainly subject to being reversed, if the referendum result
5 had gone in another direction, and so I wouldn't say this is the end of
6 the Federation, no.
7 Q. But you will agree that this is one in a series of actions and
8 decisions that go in the direction of the deconstruction of the
10 A. Yes.
11 Q. Thank you. Mr. Donia, in your report on the pages on which you
12 deal with the JNA, you mentioned some incidents for which you blame JNA
13 members. I believe there were shooting incidents in town caused by
14 drunken soldiers, et cetera.
16 apologise, I forgot to seek to tender the previous document into
17 evidence. I believe it isn't too late yet.
18 JUDGE HALL
19 THE REGISTRAR: Exhibit 1D149, Your Honours.
20 MR. CVIJETIC: [Interpretation] It's already an exhibit, 1D101 and
21 102. I think those were the numbers, or 1D102. 1D102 is the document
22 number. It's an Exhibit, and Mr. Donia, it is under P19 in your set of
23 documents. That's the document.
24 Q. Have you found it, Mr. Donia?
25 A. Yes.
1 Q. We have an additional act from Jelko Doko, the minister of
2 national Defence, which is sending on the decision on the withdrawal of
3 JNA units from the Republic of Bosnia-Herzegovina
4 have a look at the decision itself, now, please, because we see that the
5 decision was attached to this document. It's on the next page. That's
6 right, here it is.
7 Mr. Donia, I assume that you know of this decision, you know that
8 the Presidency took the decision to withdraw the JNA from BH and
9 stipulated the conditions under which this should be done; right?
10 A. Yes.
11 Q. And it's a document which is common knowledge. I have a few
12 comments to make with respect to the documents that followed on from this
13 decision, but this is already an exhibit and you know about the decision,
14 so I think I can just move on to the next document. It's already an
16 MR. CVIJETIC: [Interpretation] 1D00-2795 is the next document I'd
17 like us to look at.
18 Q. Dr. Donia, it is document number 20 in your binder.
19 A. Yes.
20 Q. Fine. Let's just see if it's the right one. It was signed by
21 Alija Delimustafic. Yes, right, that seems to be it. Mr. Delimustafic
22 as minister of the interior is referring to the Presidency decision on
23 the withdrawal of JNA units, and that's what it says in the introduction,
24 before we come to the order itself. And under point 4, among other
25 things, he says that planning should be accelerated and combat throughout
1 Bosnia-Herzegovina and that all this should be co-ordinated with the
2 Territorial Defence, et cetera, et cetera.
4 the order from Mr. Delimustafic: Does this look to you like a
5 declaration of war?
6 A. No, it's not a declaration of war.
7 Q. Very well.
8 MR. CVIJETIC: [Interpretation] May we have the next document, and
9 then I'll tender both of them. It is an order from the commander of the
10 Territorial Defence, the contents are the same. 1D00-2798 is the
11 document I'd like us to look at next.
12 Q. Dr. Donia, it is document number 21 in your set.
13 A. Yes.
14 Q. Let's just wait for it to come up on our screens. The same
15 heading again, it refers to the Presidency decision, and this time the
16 order was signed by Colonel Hasan Efendic on behalf of the Territorial
17 Defence staff, and in paragraph 4, the same thing is stated, that combat
18 activities throughout the territory should be initiated, and it is
19 symptomatic that this follows on from the decision taken by the
20 Presidency about the withdrawal of the JNA, so once again I'm asking you,
21 is this tantamount to a declaration of war against the JNA? And I assume
22 that your answer will be the same as it was a moment ago, not to waste
23 too much time on that.
24 A. Well, you've asked the question a little bit differently this
25 time. You said this time, is it tantamount to a declaration of war? And
1 I would say it has some elements of a declaration of war, but as you
2 know, that formal declaration did not -- did not really come about. So
3 it's not a declaration of war, but has some elements of it. And in that
4 context that the JNA was basically assaulting these forces all across the
5 Republic of Bosnia-Herzegovina at this time.
6 Q. Very well, I can agree with you in part because you are coming
7 close to my point, the point I want to make, but of course we don't have
8 to agree 100 per cent. Anyway, I'd like to tender these two documents.
9 They are historically important documents, in my view. So I'd like to
10 tender them into evidence, and they are highly relevant for a
11 clarification of the topic at hand. Do you wish me to repeat the
12 numbers? 1D02795 and 2798.
13 JUDGE HALL
14 THE REGISTRAR: As Exhibit 1D150 and 1D151, Your Honours.
15 MR. CVIJETIC: [Interpretation] Thank you, now, let's have
16 Exhibit 1D00-3818 on our screens, please.
17 Q. Dr. Donia, it's document number 22 in your set.
18 MR. CVIJETIC: [Interpretation] And may we move on to the second
19 page straightaway, and I'll tell you what it's about. So page 2 of the
20 document, please. This is the transcript from a Presidency meetings,
21 Presidency session of Bosnia-Herzegovina. Thank you.
22 MS. KORNER: To be accurate, Your Honour, it's a newspaper
23 publication of something said to be a transcript.
24 MR. CVIJETIC: [Interpretation] Your Honours, that is the
25 transcript of the meeting that was published in the press because the
1 press had a series of articles publishing transcripts from Assembly
2 sessions, and I set aside this particular one which is relevant for my
3 questions, but, yes, Ms. Korner is right.
4 Page 2, please.
5 Q. And can you focus on the comment made by Mr. Delimustafic there.
6 It starts with the following words:
7 "Both we and his ministry made mistakes..." And then he goes on
8 to comment and say that instead of him, the order to attack the JNA was
9 signed by Mr. Avdo Hebib his assistant. And he goes on to stay when he
10 ordered the war to start, people would open fire and occupy the barracks.
11 And Mr. Izetbegovic asks, Who did that? And Delimustafic says, Avdo
12 Hebib. And Delimustafic says, He declared war on the army.
13 And after that a Croatian Presidency member asked that this
14 should not be recorded and become part of record, but it was recorded and
15 it did become part of the record. Now, my question to you is this: Do
16 you still stand by your statement that this wasn't de facto a declaration
17 of war against the JNA, I'm not talking about informal terms, but
18 de facto? And Delimustafic referred to it in that same way.
19 A. Yes, I hold my earlier answer. There's no date here assigned to
20 this alleged declaration, and the characterisation is given by
21 Delimustafic who obviously was unhappy with what Hebib did. So I don't
22 know that it's a very authoritative description.
23 Q. Very well. Well, it means what Delimustafic says, I don't want
24 to paraphrase what he says, he says himself that this is a declaration of
25 war on the Yugoslav army. But anyway, if you have no further comments,
1 then since this is a very important and historical document, I'd like to
2 tender it into evidence.
3 JUDGE HALL
4 MR. CVIJETIC: [Interpretation] And Mr. Donia -- yes, I apologise.
5 THE REGISTRAR: Exhibit 1D152, Your Honours.
6 MR. CVIJETIC: [Interpretation]
7 Q. And Mr. Donia, the last document linked to this transformation of
8 the Yugoslav People's Army is 1D19, it's already an exhibit so I don't
9 need to tender it, but I'd just like us to comment on it. 1D19 is the
10 number. It's document number 23, Mr. Donia, in your set.
11 As you can see there, and the Trial Chamber has already seen this
12 document, it's an exhibit, perhaps you haven't, but it is a chronology of
13 important events, and it lists the incidents and attacks against members
14 of the Yugoslav People's Army conclusive with the 30th of May. And it
15 lists all the key incidents where a lot of members of the Yugoslav
16 People's Army fell casualty, the attack in Sarajevo, Tuzla, the victims
17 were in their hundreds, and so on.
18 Mr. Donia, could this be the result of that declaration of war
19 from that decision we saw earlier on, at least the events that took place
20 after the decision?
21 A. Well, I haven't had a chance to review all of these. Clearly
22 many of them are prior to the decision, and I couldn't -- I also don't
23 know what the source of this document is. I just comment that many of
24 them are prior to the decision and many are after.
25 MS. KORNER: Can we know what the source was, please? Is?
1 MR. CVIJETIC: [Interpretation] When we admitted this document, I
2 think that a military person told us that it was -- that the source was
3 military intelligence. No, I apologise, it was just marked for
4 identification. Not admitted into evidence. So you are quite right, and
5 we'll wait for a more opportune moment, I won't be tendering it now, but
6 we'll wait for an expert to come in, so I withdraw that proposal to
7 tender the document, you're quite right.
8 MS. KORNER: No, but I'm sorry, Dr. Donia has asked what the
9 source is, and I'm repeating that request on behalf of the Prosecution.
10 What is the source of the document, whether or not it's tendered? It's
11 been shown to the witness.
12 MR. CVIJETIC: [Interpretation] Yes, I've already answered that.
13 I said that I think we had a military expert here, I can't remember his
14 name, or a military person, and he confirmed that it was most probably
15 from the military intelligence service, and that is why it was not
16 tendered into evidence and admitted before we have an authentic
17 explanation for the document's source. That is my answer.
18 MS. KORNER: Sorry, that is a misunderstanding. I want to know
19 from where it was obtained? Who provided it?
20 MR. CVIJETIC: [Interpretation] I think we obtained this document
21 from the government commission or Secretariat dealing with war crimes in
22 BH. A member of that commission. He was a Defence witness. He is a
23 Defence witness, and we are going to try and ascertain where he came by
24 this document, but we originally used the document with Professor Basara.
25 Thank you.
1 Q. Mr. Donia, there's another area we haven't discussed yet, and we
2 don't have much time --
3 JUDGE DELVOIE: If I may, for the sake of planning the day, how
4 long do you think you will continue your cross-examination; how long does
5 Mr. Pantelic think he will need; and how long will the redirect take?
6 MR. CVIJETIC: [Interpretation] Your Honour, I need 20 more
7 minutes. I'll try and complete my examination within 20 minutes. Not
8 more than half an hour. I needed two sessions, but I'll do my best and
9 reduce the time.
10 Can Mr. Pantelic say how much time he needs.
11 MR. PANTELIC: [Overlapping speakers]... I said - sorry - I cannot
12 but I must --
13 MR. CVIJETIC: [Interpretation] [Overlapping speakers] ... whether
14 he will be able to stay within -- fit within that time.
15 MR. PANTELIC: [Overlapping speakers]... to fit myself into this
16 time-frame. We shall finish by the end of this day with Dr. Donia.
17 JUDGE DELVOIE: Redirect included?
18 MS. KORNER: Your Honour, I'm only raising this because I've had
19 such difficulty with the times, but Mr. Cvijetic was given 1 hour
20 30 minutes by Your Honours on the 17th of September, and Mr. Pantelic
21 1 hour. Mr. Cvijetic is way over the time he was allowed, but that's the
23 Your Honours, as far as re-examination is concerned at the moment
24 I've only got one question, if anything else comes out, there may be more
25 than one, but it's just one.
1 [Trial Chamber and registrar confer]
2 JUDGE HALL
3 should wrap up within the next 20 minutes.
4 MR. CVIJETIC: [Interpretation] Thank you, Your Honours. I'll do
5 my best.
6 Q. Mr. Donia, we still have an area to cover, and we have to cover
7 it in 20 minutes, as you can see. And it is the attempt on the part of
8 the international community to overcome the crisis in Bosnia-Herzegovina
9 with a plan which was popularly known as the Cutileiro plan, and so on
10 and to forth. Now, in your report you mention the principles set out in
11 February. However, I have to show you a Defence exhibit, 1D134 is the
12 number, because [indiscernible] negotiations ended by declaring
13 principles adopted on the 18th of March, 1992, at least that is what it
14 says on the document. So would you look at those principles now.
15 A. Where are they?
16 Q. There you have them. Yes, document 35, general principles. Have
17 you found that?
18 A. Yes, I have.
19 Q. Are you aware of these principles? Have you seen the document
20 before? Do you know about them?
21 A. Yes, I am aware of the document. I've seen it, although not in a
22 long while.
23 Q. Very well. We won't go into it in greater detail, we'll leave
24 that to experts in constitutional law. But I'm sure you'll agree with me
25 that that is the document that was signed, or initialled by the parties;
1 right? And that it envisaged a sovereign independent Bosnia
3 A. It was certainly not signed. The Radovan Karadzic made a
4 statement to the Bosnian Serb Assembly shortly after this saying that we
5 would never sign anything that hadn't been agreed to. And the headline
6 in the Sarajevo
7 So this is, I think, as it states on the very last page, the basis for
8 further negotiations which is the way that the European community
9 spokesman summarised the agreement in a press statement on the 18th, or
10 early on the 19th, after these negotiations were over.
11 Q. Yes, but you, Mr. Donia, claim that the agreement, the Lisbon
12 package was signed but that Mr. Izetbegovic withdrew his initials from
13 the document?
14 A. Could you show me what you are citing?
15 Q. Yes, I will. Let me just take a moment to find it. Yes, here it
16 is. In the B/C/S it is -- well, in English it is pages 29 and 30 of your
18 A. Which report?
19 Q. The origins of Republika Srpska. And you state there the
20 president of the Presidency, Alija Izetbegovic was an unwilling partner
21 in the agreement and withdrew shortly after, et cetera. I apologise for
22 reading that out very quickly.
23 MS. KORNER: I think you need to read the full sentence because
24 what was put to him was that he withdrew his initials from the -- what
25 was put to Dr. Donia by Mr. Cvijetic was that he withdrew his initials
1 from the document. That's not what Dr. Donia says.
2 MR. CVIJETIC: [Interpretation]
3 Q. Have you read that paragraph? So what is your answer, did he
4 withdraw his initials or not?
5 A. No. I don't believe, as I said, it's, I think, beyond dispute
6 from the evidence coming from various sources that the document was never
7 signed. Obviously it may have been initialled. I don't know if it was
8 initialled. But initialing a document does not constitute signing it.
9 And certainly, initialing a document that says this will be the basis for
10 further negotiations is, in a sense, not even worth withdrawing from. It
11 was clearly subject to further discussion and agreement, as I state here,
12 particularly on the question of a map. And as you know, those agreements
13 did not take place in the course of subsequent talks.
14 Now, I will say that when Izetbegovic returned in late February,
15 that by a decision of the SDA party counsel, they declined to concur in
16 this agreement, and subsequently Izetbegovic added additional conditions
17 or made specific statements that indicated these talks could not go on in
18 this same spirit this way.
19 Q. Very well, Dr. Donia.
20 MR. CVIJETIC: [Interpretation] May we just show the video-clip.
21 It's just two minutes long and linked to this particular topic. I'd like
22 to ask our assistant, Ms. Tania, to activate the video.
23 [Video-clip played]
24 MR. CVIJETIC: [Interpretation] Let's take it back to the
25 beginning, please.
1 [Video-clip played]
2 MR. CVIJETIC: [Interpretation]
3 Q. Mr. Donia, I think that this footage denies what you've said, and
4 the authors, Lord Carrington and the rest, claims that it was both signed
5 and that the withdrawal of a signature practically meant war. Do you
6 accept that --
7 A. No, I do not.
8 Q. -- thesis of mine? Not even after you've seen and heard what we
9 have all seen and heard here?
10 MS. KORNER: In respect of this video-clip, first of all, I think
11 we better identify for the purposes of the record, where it comes from.
12 Second, who it was who was speaking, the man with the moustache at the
13 end, and thirdly, whether the whole video is available.
14 MR. CVIJETIC: [Interpretation] Yes, Your Honours, it's my duty to
15 give this information, and that's what Mr. Zecevic has pointed out to me.
16 It is an American-made documentary, it can be found on the internet. So
17 it's a publicly accessible document. It's called the war that could have
18 been avoided. And in this documentary all political and military factors
19 who were active at the time comment the conflict in Bosnia-Herzegovina.
20 I showed just an excerpt, but the overall duration is 180 minutes. It's
21 very long. We will probably use other parts of it in the future. So
22 it's a publicly-available document, it can be found on the internet, and
23 I will forward the entire documentary to the OTP because we have it and
24 so they can make use of it as a whole.
25 MS. KORNER: Are we able to identify, please, who the speaker was
1 with the moustache? The young man.
2 MR. CVIJETIC: [Interpretation] Your Honours, whoever we cannot
3 identify, we are trying to establish their identity. Lord Carrington,
4 David Owen, Philippe Morillon feature in that documentary, but we have
5 ourselves been unable to identify all of them. We are working on it,
6 once we bring some of our own expert witnesses, I hope it will be done.
7 But we will let you know as soon as we are done identifying all the
8 persons featuring in that documentary.
9 Your Honours, I don't know whether this video can be admitted;
10 but if not, I move that it be at least marked for identification.
11 JUDGE HALL
12 we are heading down a side path. This, as I understand the exchange, is
13 a document, albeit in video form, which is in the public domain. The --
14 you played it and you asked the witness who is on the stand his views on
15 the observation, and he has disagreed, and in the context of this trial,
16 it seems, to me, that is as far as we can take it. To the extent that
17 either side would wish to come back to this for some other purposes, if
18 it is publicly available, then we'd see where we go there. But at this
19 point I don't know that there's anything that could or should be done
20 with this. Certainly not exhibiting it, and I don't even know about
21 marking it for identification.
22 MS. KORNER: Your Honour, the difficulty is the Defence are
23 trying to rely on it as evidence of something which is or may be
24 important. In other words, that the Cutileiro plan was actually signed,
25 and then there was a withdrawal by Alija Izetbegovic. Now, there's no
1 dispute of course that Alija Izetbegovic with withdraw, but it's relying
2 on edited -- it's an edit of an edit already made for a film, and I am
3 afraid that real evidence has to be called if this is a point which the
4 defendant has to pursue. They cannot rely on it for the truth of what is
6 JUDGE HARHOFF: And, Mr. Cvijetic, I, for one, have doubts about
7 understanding your point because I don't see the significance of whether
8 or not the Cutileiro plan was signed or just initialled by
9 Mr. Izetbegovic. You referred us just awhile ago to pages 29 and 30 of
10 the witness's report on the origins of the Republika Srpska, and the only
11 thing I can find in the report is on page 30 in the English version where
12 it says that:
13 "The president of the BH Presidency and of the SDA,
14 Mr. Alija Izetbegovic, was a reluctant partner in this agreement, and he
15 backed away from the agreement shortly after returning to Sarajevo
17 principles, but a map."
18 So, Mr. Cvijetic, all I can find on the pages to which you have
19 referred us in the report is the notion that Mr. Izetbegovic backed away
20 from the agreement. And I guess this is undisputed. So where is the
21 importance, or rather, what is the importance of whether or not
22 Mr. Izetbegovic signed it or just initialled it?
23 JUDGE DELVOIE: Furthermore, Mr. Cvijetic, if I may, I don't
24 think I heard one of the officials in this documentary or in this clip,
25 and certainly not Lord Carrington, say or mention that the agreement was
1 signed. The signature of the agreement was only mentioned by the makers
2 of the documentary, not by any one of the officials, if I'm not mistaken.
3 MR. CVIJETIC: [Interpretation] Your Honours, if I remember the
4 content well, then it is mentioned that the agreement was signed in
6 partner in the negotiations, et cetera, but the essence of our point is
7 that there would have been no war if Mr. Izetbegovic had not withdrawn
8 from the negotiations process. That's our point.
9 JUDGE HALL
11 MR. CVIJETIC: [Interpretation] Very well.
12 Q. Mr. Donia, I will not deal with the last topic because I have no
13 time for it. You are going into some other historical aspects, notably
14 the Second World War, and our most serious objections are to that. You
15 are calling it the creation of history, it starts on the page 36 in the
16 English version. I believe that this section is full of mistakes and
17 false statements, but I'm moving on to my final part because it is my
18 duty toward the Chamber to give -- to state my opinion of your work.
19 MS. KORNER: No, it's not your duty, Mr. -- I am sorry,
20 Your Honours, object to that. It's not Mr. Cvijetic's duty to give his
21 own personal opinion. It is not proper to say, I believe this section is
22 full of mistakes and false statements. He can put and challenge what he
23 has to. He cannot put his own opinion forward.
24 MR. CVIJETIC: [Interpretation] I agree with Ms. Korner, but I
25 have no time to go through this section in which the witness deals with
1 the history. So I withdraw my qualification to that effect.
2 Q. Mr. Donia, with a view to finishing as my time has already
3 elapsed, I believe, the International Court of Justice in The Hague
4 passed a decision in the suit between Bosnia-Herzegovina and Serbia
5 acquitting Serbia
7 MR. CVIJETIC: Well, Your Honours, you must allow me to finish,
8 and just three more sentences.
9 Q. Sir, you know of that decision, don't you?
10 A. I'm familiar with the decision insofar as to say that they
11 awarded to Bosnia-Herzegovina the fact that Serbia
12 and abetted in genocide or failed to respond to genocide while
13 specifically not granting the point, and I'm sorry, the legal terminology
14 escapes me here, that Serbia
15 MS. KORNER: Your Honour, that's the problem. That's why I got
16 to my feet originally, then I thought I would wait for the question.
17 This is not something that Dr. Donia is an expert in. The decision can
18 be read by all, and it's not possible to summarise it in the way that
19 Mr. Cvijetic summarised it. And I should add that because I was actually
20 in that case.
21 MR. CVIJETIC: [Interpretation] Your Honours, you cannot get my
22 point unless you listen to me. I only have three sentences.
23 Q. Mr. Donia, do you agree with the statement that the decision is
24 bad and a betrayal of the principle that international criminal law
25 should punish the crime of genocide?
1 JUDGE HALL
2 attempts to answer it. [Microphone not activated] It seems to me that is
3 a question that --
4 THE INTERPRETER: Microphone for the Judge, please.
5 JUDGE HALL
6 this trial. Whatever -- when you say the decision, I assume you mean the
7 decision before the ICJ? Mr. Cvijetic? Which, of course, is a Tribunal
8 which deals with issues between states. So how that is wholly irrelevant
9 to the -- what is being -- the purpose of which this witness is being
10 tendered -- has been attended in this trial. I think the question is
12 MR. CVIJETIC: [Interpretation] Your Honours, I'm dealing with the
13 credibility of this witness, and I insist that he reply to this question
14 whether that decision is bad and betrayal of the principles.
15 JUDGE HALL
16 Move on.
17 MR. CVIJETIC: [Interpretation] Very well.
18 Q. Mr. Donia, did you sign an open letter to the presidents of the
19 International Courts of Justice in The Hague including this Tribunal in
20 which you qualified that decision as a bad decision and a betrayal of the
21 principles of international law, and also stating that as evidence that
22 politics has interfered with the work of that court and this Tribunal as
23 well? Mr. Donia?
24 A. I don't recall if I did.
25 MS. KORNER: Can we have the -- a copy of this open letter,
2 MR. CVIJETIC: [Interpretation] Yes. It's Defence exhibit, 1D01 -
3 can we please see it - 1162. You can find it at tab 36, Doctor.
4 Q. This is the open letter that contains the qualifications I have
5 just quoted. The first qualification in the first paragraph and then
6 further down, and there are many others. Among the signatories under 4
7 is Dr. Robert Donia, scientist, and then a list of your positions
9 MR. CVIJETIC: [Interpretation] Could you please show us the
10 second page of the B/C/S version which shows the signatories. Page 2 of
11 the B/C/S version. Under 4, we can see Dr. Robert Donia.
12 Q. Dr. Donia, do you remember now whether or not you signed this
14 A. I remember the document circulating, and I really do not recall
15 if I acceded to it or not. It was an e-mail, and I certainly never
16 signed my signature to this document. I just don't recall. I will take
17 your word for it that my name there represents some sort of acceding to
18 the document.
19 Q. Very well. Can you please answer whether you signed or
20 initialled it?
21 A. Well, as I said, I did not sign anything. I gave -- if I gave my
22 accession to it, it was via an e-mail message.
23 Q. All right. Then my question is, somebody who accedes to such a
24 document, can that person appear before an international Tribunal of this
1 JUDGE HALL
2 answer to the question. In any event your 20 minutes has expired.
3 MR. CVIJETIC: [Interpretation] All right, Your Honours, I'll just
4 provide a comment. I just seek this document to be tendered into
5 evidence, 1D01-1162.
6 JUDGE HALL
7 THE REGISTRAR: As Exhibit 1D153, Your Honours.
8 MR. CVIJETIC: [Interpretation] I would like to state the reasons
9 why I tender this document because it essentially -- it has an essential
10 bearing on whether or not this witness is really unbiased. And that's
11 why we wish to -- we have tendered it as evidence in this case.
12 JUDGE HALL
13 Mr. Pantelic.
14 MS. KORNER: Just one, I am so sorry, just one matter on that
15 last document, Mr. Pantelic. The document which was given to us in
16 advance was given to us in English without any signatories other than --
17 or any names that were attested other than Dr. Marko Hoare and
18 Edina Becirevic, so could I ask for the English version with all the
20 MR. CVIJETIC: [Interpretation] Your Honours, in the B/C/S
21 version, the original version, which we have, has a list of
22 54 signatories, but the translator who translated it into English, only
23 translated the first two or three names. But there are 54 signatories of
24 the original, among whom is Mr. Donia.
25 JUDGE HALL
1 MS. KORNER: Yes. I'm simply asking for the full version in
2 English, yes.
3 MR. CVIJETIC: [Interpretation] There's no problem. We'll have
4 the translation service translate the entire list of signatories, and
5 we'll submit it.
6 JUDGE HALL
7 Cross-examination by Mr. Pantelic:
8 Q. Good day, Dr. Donia. Long time no see.
9 A. Good to see you again.
10 Q. Pleasure is mine, Dr. Donia.
11 It was in 2001 when we confronted our positions in the Simic
12 case, I believe. It was September 2001, I believe, yeah.
13 A. I believe that's right.
14 Q. And don't understand me wrong, but I'm very proud that only six
15 of your findings were put in the Simic judgement. This is sort of my
16 success that I successfully challenged your findings.
17 But anyhow, Dr. Donia, let's go to business. First of all,
18 between 2001 and to the present day, I believe that you visited region of
19 Bosnia-Herzegovina very often or a couple of times per year, or I don't
21 A. Anywhere from one to four times a year approximately.
22 Q. Were you able during your visit to the region to pay more often
23 visit to territory of Republika Srpska or Republika Srpska institutions?
24 A. Yes, I've visited the Republika Srpska, I think, almost every
25 time I've been there.
1 Q. Could you be more specific last time you were visiting
2 Republika Srpska on a private basis being present at wedding ceremony,
3 but now I believe you were visiting archives or institutions of
4 Republika Srpska. Just a few words about the purpose of your stay in
5 Republika Srpska.
6 A. I have not visited archives in the Republika Srpska. I visited a
7 number of towns and cities, both in eastern and, you know, area, the
9 are one-day tourist visits, perhaps doing some interviewing with local
10 people as I've had the occasion.
11 Q. And these interviews were related to your work, your preparing
12 kind of survey or a book regarding the events?
13 A. I have no specific book project, but they were done with the
14 intent of compiling a sort of a sense over time of changes in
15 Bosnia-Herzegovina as a whole, of which of course Republika Srpska is an
16 important part. If they had a specific focus, it would be to try to
17 understand local relations within individual municipalities.
18 Q. You are founder or co-founder of Donji Vakuf Foundation. Is it
19 still active?
20 A. No, it's not.
21 Q. Why?
22 A. I, that is, we, dissolved the association, donated the last sum
23 of funds that were there to the University of Michigan
25 Q. It was only recently, I believe, a couple of years ago, or?
1 A. I think about 2005.
2 Q. Did your foundation during it's existence donated certain funds
3 to institutions -- some of the institution of Bosnia-Herzegovina?
4 A. Very little. I don't think there was any direct donation to a
5 Bosnian institution. Most of the donations were made to the University
6 of Michigan
7 business development initiative, which was based in San Francisco, and
8 one or two other 501C3 organisations, that is tax-exempt foundations
9 based in the United States.
10 Q. I understand. And in relation to these donations to
11 Bosnia-Herzegovina institutions, could you be more specific to whom you
12 donated certain funds?
13 A. I don't recall that we gave any direct donation to any
14 institution of Bosnia-Herzegovina from the foundation. As I say, they
15 went to the bodies that I just named.
16 Q. I see. You consider yourself as, I would say, a friend of
17 Bosnian Muslim people and individuals? I mean, your work is closely
18 related to the issues there in Bosnia
19 A. Two questions. I think the answer to the second is certainly,
20 yes. I devote much of my scholarly attention to Bosnia. Yes, I consider
21 myself a friend of Bosnians, of all three peoples, four peoples, and
22 others, and of Bosnia-Herzegovina.
23 Q. I appreciate that. And being an expert, I believe you were hired
24 by the government of Bosnia and Herzegovina in this process before the
25 ICJ between Bosnia
1 A. I was asked for a written submission which I wrote, but did not
2 deliver, nor did I testify in that case.
3 Q. And you were approached by whom, specifically, to do that job?
4 A. I forget the name of the Dutch attorney representing Bosnia
5 approached me about preparing a report. Van den Biesen I believe was his
7 Q. And you were working closely in that case in Bosnia with your
8 learned friend Ms. Korner at that time? She was also involved I think on
9 behalf of Bosnia
10 A. We had, I guess, one or two conversations in the course of that,
11 but I wouldn't say I was working closely with her.
12 Q. But she was working on behalf of Bosnia, I believe?
13 A. Well, she was working as a part of that team at that time.
14 Q. And did you get some fee or remuneration for your work that you
15 just mentioned?
16 A. As I recall I did. I received a compensation for the report.
17 Q. And probably you are aware that the whole process before the ICJ
18 is initiated by the Rump Presidency of Bosnia-Herzegovina, meaning that
19 Serbian representatives even today and during this process never --
20 Serbian representatives in institution of Bosnia-Herzegovina, never gave
21 their consent to these proceedings? Are you aware of that fact?
22 A. Well, at the time the case was commenced, the Presidency of
23 Bosnia-Herzegovina did have two Serb members. So I would disagree with
24 your proposition.
25 Q. And when was that?
1 A. As I recall, the action was begun in early 1993.
2 Q. And who was the member on behalf of Serbia nation in this
4 A. It was Mirko Pejanovic was one. And the other was a woman whose
5 name I can't recall right now, Mijata, or Miljana, it's a double last
6 name, I'm sorry, I don't recall the name.
7 Q. And that gentleman, Pejanovic, he was duly elected on elections
8 in Bosnia
9 official representative of Serbian nation in Bosnian Presidency were
10 Madam Plavsic and Mr. Koljevic. So how Mr. Pejanovic suddenly became a
11 member of Presidency?
12 A. Drs. Plavsic and Koljevic resigned on April 7, 1992, and the
13 Presidency then faced the question of how to replace them. They examined
14 the electoral lists for the Presidency in the voting of 1990 and went
15 down the list to the next candidates in the Serbian nation group. Those
16 were Mirko Pejanovic and Nenad Kecmanovic.
17 Q. And tell me, Dr. Donia, you are not constitutional expert, I
19 A. You are certainly right about that, yes.
20 Q. You are not expert in public international law?
21 A. That's correct.
22 Q. You are historian basically?
23 A. Yes.
24 Q. And in your work inevitably, you became familiar with a certain,
25 I would say, aspect of constitutional law when the public international
1 law I think, with all due respect, more than other experts in this field
2 because all these years testifying before the ICTY being an expert on
3 behalf of Bosnia
4 are very, very familiar with the issues of Bosnia constitution of
5 international agreements related to Bosnia; am I right?
6 A. I wouldn't say very familiar, but I've gained some knowledge of
7 those, both of those fields. And again, I did not testify before the
9 Q. Fair enough. But in light of these facts, could you tell me in
10 1992 after the process of over-voting of Serbian delegates in October
11 1991, how would you -- how would you describe Bosnia? Was Bosnia
12 with all prerogatives like central government, like control of territory,
13 like nation, all other elements which are necessary for Bosnia
14 So was the Bosnia
15 A. Well, the constitution of Bosnia-Herzegovina that was in effect
16 in -- from 1974 with amendments in 1990 continued to be the constitution
17 of Bosnia-Herzegovina until additional amendments, I believe the first
18 amendments were 1994, and continued to prevail as the constitutional
19 document. Obviously the central government, the Presidency of
20 Bosnia-Herzegovina did not control the entire territory of
21 Bosnia-Herzegovina during the war.
22 Q. To be precise --
23 JUDGE HALL
24 questions, no doubt, will continue after the break in 20 minutes.
25 MR. PANTELIC: Thank you.
1 --- Recess taken at 12.06 p.m.
2 --- On resuming at 12.35 p.m.
3 JUDGE HALL
4 stand, I would remind Mr. Pantelic, if you would keep your eye on the
5 clock in LiveNote, and you should wind up at 1.20 to allow time for
6 redirect. And then there are two rulings which the Tribunal has it to
7 make so we can adjourn on time at 1.45.
8 [The witness takes the stand]
9 MR. PANTELIC:
10 Q. Welcome back, Mr. Donia.
11 A. Thank you.
12 Q. Before the break we were discussing the issue of the control of
13 the territory and conditions for the state to be a state. So I'm put to
14 you, Dr. Donia, that from the first period of severe fighting in Bosnia
15 which we could say, let's say, April 1992, until the end of 1995, I put
16 to you that Bosnia and Herzegovina was not a state in terms of
17 international public law with regard to the control of territory, nation,
18 and central government? Do you agree with me or not? Just yes or no,
20 A. I can't -- I don't know enough about international public law to
21 make that judgement.
22 Q. But you could agree with me that during all this period between
23 April 1992 and the end of 1995, at least two or three governments
24 operated within Bosnia and Herzegovina such as Bosnia
25 controlled government in Sarajevo
1 Herceg-Bosna government, will you agree with me or not?
2 A. Yes.
3 Q. And all these three sort of, I would not say entities, but let's
4 say all these three subjects, they also got their own police forces,
5 would you agree with me or not?
6 A. Yes.
7 Q. And at a certain stage in accordance with the international
8 efforts, namely US State Department efforts, I think it was in 1994 where
9 Muslim Croat federation was formed, I believe?
10 A. The Federation of Bosnia-Herzegovina was formed in, I believe,
11 March of 1994.
12 Q. Between Bosnian Muslim and Croatian representatives, I believe?
13 A. Yes.
14 Q. And in general terms, would you agree with me that during the war
15 period in Bosnia
16 they renamed them I think in 1993, something like that, and Bosnian
17 Croats, were fighting against Bosnian Serbs?
18 A. Yes.
19 Q. And would you agree with me because you are an expert in, let's
20 say, Bosnian history and all these developments in the Balkans, that
21 during the Second World War a puppet state of NDH actually, puppet state
22 of Croats under the Hitler's regime, they were very close to
23 Bosnian Muslim military formations? I mean, Ustasha and Muslim -- and
24 Bosnian Muslim, they were very close in this warring operations in
1 A. That's kind of a complex question, and I think the answer overall
2 is no. The Bosnian Muslims in the Second World War were on both sides,
3 if you will, of the struggle or all sides. Some of them were on -- I
4 would say the most were probably either a part of the Ustasha government
5 or willing to serve in Ustasha military formations very early in the war,
6 and then began to defect particularly to join the partisans. So that by
7 the end of the war, in fact I would even say by 1993, there were few,
8 very few Muslims that were part of the Ustasha or independent state of
10 Q. But you are aware of the existence of SS units called
11 Handzar Division which was actually practically a unit with the -- at
12 that time Bosnian Muslim members?
13 A. Yes, I believe I referred to that in my ARK paper. The
14 Handzar Division was basically commanded by German officers and had
15 Muslim non-commissioned officers and enlisted men formed, I believe, in
16 1943 directly under German auspices.
17 Q. Correct me if I'm wrong, but I think that the --
18 JUDGE DELVOIE: Mr. Donia, just for the record, in your previous
19 answer about the Muslim Bosnians joining the partisans, you referred to
21 THE WITNESS: I'm sorry, if I said 1993, I meant 1943. I'm
22 usually wrong by less than 50 years.
23 MR. PANTELIC: Well, to some extent, Mr. Donia, something similar
24 in history, but we'll come to that.
25 A. I was afraid you would be tempted to say that.
1 Q. Dr. Donia, would you agree with me that Ustasha regime actually
2 used the word for Bosnian Muslims in Second World War Croatian flowers;
3 am I right?
4 A. Yes.
5 Q. So which means that even from Second World War, these sort of
6 alliance which we have seen during the past war of 1992 and 1995,
7 actually, it was in existence? I mean sympathy at least or co-operation?
8 A. No, I wouldn't agree. I think the Muslim participation was never
9 in the -- NDH was never strong enough to call it an alliance. And on the
10 other hand, I think the relations between the HDZ and SDA deteriorated
11 seriously for much of the war in Bosnia
13 Q. You recall, Dr. Donia, it is very -- I agree with you, it's very
14 hard to generalise issues, but we could say that we have numerous
15 examples during the period of 1992 and 1995 where -- actually, from even
16 1991, immediately after the multi-party elections in Bosnia where the
17 several levels like politics or military co-operation or police
18 co-operation, in fact Bosnian Muslims and Bosnian Croats were acting
19 against Bosnian Serbs; am I right?
20 A. There are numerous instances of that, yes.
21 Q. Maybe you are aware or not, but, Mr. Cvijetic was kind enough to
22 bring to my attention the document. It was in 1992, it's a logistic base
23 of Handzar Division, Albanian Sandzak Brigade at Lukavica in Sarajevo
24 but we shall deal with it in Defence case, I believe, but, Dr. Donia, are
25 you aware in your work that SDA officials sent Bosnian Muslim of young
1 people or police officers for training in Croatia during 1991 and 1992?
2 Are you aware of this process?
3 A. I am aware that some of that took place, yes.
4 Q. And, Dr. Donia, being -- I consider you as really expert on Islam
5 and Muslim cause, I would say, from what I got here. Now, I would like
6 to have certain comments that you made during the examination-in-chief
7 with regard to the Islamic declaration work of late President
8 Alija Izetbegovic.
9 It is the OTP document 65 ter 03388. In the meantime, while we
10 are waiting this document to be visible at the screen, you are aware that
11 this Prosecution office actually conducted investigation, criminal
12 investigation against Alija Izetbegovic, but he died and it was closed.
13 Are you aware of this fact?
14 A. I'm not specifically aware of it. I've always assumed that it
15 was underway.
16 Q. Well --
17 A. At some point, yes.
18 Q. Just for the record then, your information it was a press
19 briefing on 22nd of October, 2003, where this fact actually was
21 So, now, we have a Muslim declaration, Islamic declaration here.
22 First of all, can we take a look on the first page of this document,
24 MS. KORNER: Sorry, Mr. Pantelic, what happened was we tendered
25 it as an exhibit, but -- and it was made an exhibit but only the pages we
1 actually referred to. If Your Honours recall, you said you didn't want
2 the whole book, just the relevant parts. So all that's in e-court are
3 three pages, which does not include page 1.
4 MR. PANTELIC: I was of the impression that initially on 65 ter,
5 it was -- but, no.
6 MS. KORNER: Unfortunately once it was admitted as exhibit, all
7 that was admitted -- so it's been truncated down to just those three
8 pages. Sorry.
9 MR. PANTELIC: Okay. We could -- I think that maybe our
10 Trial Chamber can help us. I have a number of -- yes, it is under
11 1D00-3855. So it's in e-court, probably we could use this reference to
12 go through this document, and then following the same practice like our
13 friends from Prosecution, we could tender just particular parts, not
14 documents in it's entirety.
15 JUDGE HALL
16 MR. PANTELIC: Because we are not a library here, and we have to
17 work with the criminal issues.
18 Q. So okay, let's wind up, Dr. Donia, I will give you a few quotes
19 from Islamic declaration, and then we could have a look on it. So it is
20 on the page 24 English version where Mr. Izetbegovic says in his work the
22 "The Muslim peoples will never accept anything which is expressly
23 opposed to Islam, because Islam is not just a collection of ideas and
24 laws, but has transcended into love and feeling. He who rises up against
25 Islam will reap nothing but hatred and resistance."
1 I'm putting to you Dr. Donia, that this particular part of
2 Islamic declaration actually calls to -- not to friendship and
3 co-operation, but rather to action and conflict. Would you agree with me
4 or not?
5 A. No, I don't believe so.
6 Q. Okay. Thank you. Fair enough. Now we have Islamic declaration
7 on our screens, and you see at the top -- right top part of English
9 "Our goal: Islamisation of Muslims." Really no one can say that
10 is against this idea. And then: "Our motto: Believe and fight." Well,
11 with this, someone might be afraid. What is your comment on this motto,
12 believe and fight?
13 A. I think it's fairly standard rhetoric in proclamations in any
14 faith that are designed to encourage a religious awakening among people.
15 Q. Yes, but can you give me, speaking of religious issues, can you
16 give me an example in contemporary world and time, where the other
17 religions like Buddhism, like Christian religion, like, I don't know,
18 Scientific church, or conducted terrorist actions against civilians,
19 against values of civilised world, where any of other religions, fight
20 against the values of contemporary world, bombed buildings, make suicide
21 actions, give me an example of the other religions, if you have to that
23 A. Let me remind you that this was written in the 1960s, and it's
24 relationship to anything that is happening in terms of Islamic terrorism,
25 to me, is a cheap shot. And I think every religion, except perhaps
1 Buddhism, has had its time in fighting for its faith. Certainly history
2 of Christianity in that respect --
3 Q. Dr. Donia, leave it aside. I don't dispute it. I'm speaking
4 about the contemporary world, I'm speaking of the period where
5 Mr. Izetbegovic wrote this book that was in 1970, I believe, up to today,
6 to present day. I'm speaking about the period of 39, almost 40 years,
7 and let me remind you, and you will agree with me, that at that time I
8 think that you mentioned that somewhere, that it was an attempt to work
9 on this Islamic issue after the the Israeli Arab wars, so that was the
10 time it was made, yes?
11 A. Yes.
12 Q. And then, Dr. Donia, I'm putting to you that this was a,
13 actually, milestone, this was a work which made a road of conflict in
14 Bosnia-Herzegovina based on the followings facts: That the initial idea
15 of Bosnian Muslims were to, through the process of majorisation, control
16 all Bosnia-Herzegovina, would you agree with me or not?
17 A. No.
18 Q. Then, Dr. Donia, let's see this page --
19 MR. PANTELIC: First of all, can I tender this first page of
20 Islamic declaration as exhibit, Defence exhibit, so that we can move on,
21 on the other parts of Islamic declaration.
22 JUDGE HALL
23 I suppose it's admitted and marked.
24 THE REGISTRAR: As Exhibit 2D31, Your Honours.
25 MR. PANTELIC: Then can we take a look on page 24 of English
1 version of Islamic declaration, which is the page 17 in B/C/S.
2 Q. This is page 24, it starts with, "the Muslim peoples will never
3 accept anything..."
4 MR. PANTELIC: Can we have page 17 of B/C/S. This is a chapter,
5 so we need a page. Page 17 of B/C/S and page 24 of English version.
6 Yes. Page 17, please. This is second paragraph of B/C/S. And we are
7 looking for English.
8 Q. That was a part that we discussed prior to previous issue where
9 it's actually call for resistance. This is a message of Mr. Izetbegovic
10 where he said, "he who rises up against Islam will reap nothing but
11 hatred and resistance." So I'm putting to you that this particular part
12 is also calling for conflict and for interreligious troubles in Bosnia
13 Would you agree with me or not?
14 A. Where does it say anything about Bosnia here?
15 Q. This is the basis for all actions on behalf of all Bosnian
16 Muslims in Bosnia
18 A. And I with respectfully disagree.
19 Q. Thank you.
20 MR. PANTELIC: Could we have this page as exhibit, please.
21 Page 24 in English version. And page 17 in B/C/S.
22 JUDGE HALL
23 THE REGISTRAR: Exhibit 2D32, Your Honours.
24 MR. PANTELIC: Now, could we have on our screen page 26 in
25 English version, which is page 19 of B/C/S. Page 26? No, no, this is
1 35. Page 19 in B/C/S.
2 Q. While we are waiting for this particular page, I will bring to
3 your attention the following part: Mr. Izetbegovic says in his work:
4 "An Islamic society without an Islamic authority is incomplete
5 and without power. Islamic governance without an Islamic society is
6 either utopia or violence."
7 And then he goes to say the other thing:
8 "Generally speaking, a Muslim does not exist as a sole
9 individual. If he wishes to live and survive as a Muslim, he must create
10 an environment, a community, a system. He must not change the world or
11 himself submit to change. History has no instance of any truly Islamic
12 movement which was not at the same time a political movement."
13 I'm putting to you, Dr. Donia, that this is a basis of work of
14 Mr. Izetbegovic and his party SDA in Bosnia to create environment to
15 occupy all non-Muslim areas of Bosnia
16 government, to achieve this goal? I'm putting to you, would you agree or
17 disagree with me?
18 A. No, I wouldn't agree that a document written in 1970 serves as
19 the platform of a party formed in 1990.
20 Q. But the fact of common knowledge, Dr. Donia, is that through the
21 process of majorisation and the violation of the rights of constitutional
22 nation in Bosnia
23 you agree with me or not?
24 A. That's real stretch. I would not agree that you can take a
25 linear causation from the contents of the Islamic declaration to
1 majorisation or out-voting, that's just not to me -- in Bosnia that's
2 just not so me a stretch that you could make.
3 Q. But the fact is that it was over-voting and majorisation in
4 parliament in October 1991, am I right?
5 A. That's your characterisation of it. I would share the fact that
6 the SDS
7 time did not.
8 Q. So you want to say to us that even learned scholars like
9 Bob Hayden and other authors were saying that it was a trigger point for
10 conflict in Bosnia
11 are people with the wrong conclusions?
12 A. Bob Hayden is usually wrong, but I don't have a specific
13 conclusion of his that I know of that I could point to. If you have a
14 statement to put to me, I'd be glad to comment on it.
15 MR. PANTELIC: First of all, Your Honour, can we have this
16 particular part of Islam declaration exhibited.
17 JUDGE HALL
18 MR. PANTELIC: And then could we have -- we shall be back
19 Mr. Donia, with this particular parts for Bob Hayden.
20 THE REGISTRAR: Exhibit 2D33, Your Honours.
21 MR. PANTELIC: And could we now have on our screen, page 30,
22 English version of Islamic declaration. And this is page 22 of B/C/S.
23 Page 30 and 22. Yes.
24 Q. Maybe you can help me, Dr. Donia, these particular parties which
25 I'm interested in, "there can be neither peace nor co-existence between
1 the Islamic religion and known Islamic social and political
2 institutions." But maybe is this on this page? Ah, yes.
3 MR. PANTELIC: Maybe -- I cannot find it on this particular -- I
4 will ask the assistance of my associates.
5 THE WITNESS: Mr. Pantelic, could I just like to retract and
6 apologise for my earlier comment about Bob Hayden. He is sometimes
7 wrong. We get together every year, identify those few things that we do
8 agree on, and usually have a lunch and a drink, but I didn't mean to
9 impugn his -- impugn him at that level in any case. So my apologies to
10 you and to him for having said that.
11 MR. PANTELIC: Thank you, Dr. Donia, I will pass this message to
12 him as soon as I meet him. Whoever meet him first.
13 THE WITNESS: So will I.
14 MR. PANTELIC: Thank you, Mr. Cvijetic.
15 It's very hard to -- could we enlarge this page 22 in B/C/S. I
16 cannot find the English.
17 THE WITNESS: Perhaps on the previous page.
18 MR. PANTELIC: I have a problem with the -- it's 22 page in
19 B/C/S, first and most important conclusion is conclusion of
20 non-co-existence between the Islamic religion, but I cannot see that on
21 English version.
22 Q. Anyhow, I will read it in Serbian and then later on we could find
23 the exact passage in English. So in Serbian it says:
24 [Interpretation] "The first and most important conclusion of this
25 kind certainly is the conclusion about the incompatibility of Islam and
1 non-Islamic systems. There is no peace or co-existence between the
2 Islamic faith and non-Islamic social and political institutions."
3 [In English] So, Dr. Donia, I'm putting to you that the leader of
4 SDA, Mr. Izetbegovic, in his early work actually anticipated and created
5 a policy of his party in Bosnia
6 process of Islamisation of Bosnia-Herzegovina against the other
7 constituent nations in Bosnia-Herzegovina, would you agree with me or
9 A. As I understood your proposition, your proposition was that this
10 anticipated and created a policy of his party, no, I wouldn't agree with
11 that. You have, I think, come across the clearest statement of
12 Izetbegovic in the Islamic declaration that Islamic and non-Islamic
13 societies are incompatible, and I will certainly agree that that is very
14 clearly stated here. But it was at a time when he was addressing no one
15 in Bosnia-Herzegovina, no one in Yugoslavia
16 various types of Islamic societies, and the need for an Islamic revival,
17 and very far from a world in which multi-party elections might be held.
18 Just having been in Yugoslavia
19 were, having him think that he was looking forward to such a time is, to
20 me, inconceivable.
21 Q. But this is a fact of common knowledge, Dr. Donia, that many of
22 Mujahedin forces, and later on Al Qaeda members, were in Bosnia on the
23 basis of he official call of Bosnian Muslims to fight for Islam cause, am
24 I right or not?
25 A. I don't know that there was an official call to Al Qaeda to fight
1 with the Bosnian Muslims. There was at least consent on the part of
2 senior SDA figures to the addition of Mujahedin to the armed forces of
3 Bosnia-Herzegovina, yes.
4 Q. And these Mujahedins, they committed horrible crimes against
5 Serbs, for example, in mount of Ozren, probably you are aware, they
6 decapitated Serbian soldiers, are you aware of this fact?
7 A. I am aware of the allegations. I'm going to refrain
8 characterising them as crimes just on principle because it's a conclusion
9 perhaps yet to be reached, but I would agree with you that terrible
10 things were committed against Serbs and Croats by Mujahedin.
11 Q. And you want to tell us that this particular part of Islamic
12 declaration is speaking about the peaceful co-existence between the
13 people and nation and religions. I'm putting to you, Dr. Donia, that
14 this is a basic step towards the tragic events in Bosnia, would you agree
15 with me or not?
16 A. No, I don't agree it was a basic step toward violence in Bosnia
17 Q. But it was a step. It was a step. I mean, the influence of this
18 work and the idea was of certain significance for the tragic events in
20 A. I don't know what significance you would mean by that. In the
21 sense that it's a part of the big canvass of history that's a backdrop to
22 events, I suppose I would certainly grant that. But as I say, I reject a
23 notion of linear causality, particularly to the way that you've
24 characterised events in 1991.
25 Q. This book, it speaks for itself, Dr. Donia.
1 MR. PANTELIC: Could we have Exhibit number for this page,
2 Your Honours.
3 JUDGE HALL
4 THE REGISTRAR: As Exhibit 2D34, Your Honours.
5 JUDGE DELVOIE: Is this still page 30, Mr. Pantelic?
6 MR. PANTELIC: This is page 22 in B/C/S and 30 -- this is 30,
8 JUDGE DELVOIE: Thank you.
9 MR. PANTELIC: Thank you so much.
10 And then can we see page 49 and 50 of the English version, and
11 this is the page of 37 of B/C/S.
12 Q. In the meantime, I will read this particular part, and then we
13 could take a look on it in order to speed up things.
14 Dr. Donia, Mr. Izetbegovic in his work says the following:
15 "The Islamic order can only be established in countries where
16 Muslims represent the majority of the population. If this is not the
17 case, the Islamic order is reduced to mere power (as the other element in
18 Islamic society is missing)." And then he said, "and may turn to
20 How do you see this particular part of his work? How do you
22 A. Well, I see it as part of his very broad effort to bring about or
23 contribute to bringing about an Islamic revival, and specifically to
24 address the fact that an Islamic society must thrive, it must flourish as
25 a part of an Islamic revival. It's not specific to Bosnia, his comments
1 are not specific to federal Yugoslavia
2 principle that he made in the context of discussing a couple of dozen
3 different Islamic countries at the time.
4 Q. And the second part of page 50 English version and 37 of B/C/S
5 is, with regard to the minorities, he says:
6 "The non-Muslim [realtime transcript read in error "known
7 Muslim"] minorities within an Islamic state, on condition their loyal," I
10 So tell me, Dr. Donia, how do you understand this particular part
11 "on condition they are loyal"? If they are not loyal to majority, what
12 would happen with this minority? Could you explain me that? How do you
13 understand this passage?
14 A. Again go back to its context at the time, I think it's a kind of
15 an accepted principle of just about any state that groups within it
16 should be loyal to the state per se or to the government.
17 Q. Excellent point. So you would agree with me that within
18 Republika Srpska an individual, no matter of ethnicity, who is against
19 the system, against the constitutional order might be punished and be
20 processed in terms of criminal law, or against him can be instigated
21 certain proceedings. Would you agree with me or not, on the same
22 principles that is you just mentioned?
23 A. What period are you talking about?
24 Q. Between 1992 and 1995.
25 A. Well, whatever criminal law existed at the time as a part of the
1 legal system of Bosnia-Herzegovina and the constitution of
2 Bosnia-Herzegovina would have applied. I don't know enough about that to
3 say what it would be.
4 Q. But as a matter of principle, if you said that minorities within
5 an Islamic state on condition that they are loyal, they enjoy rights,
6 which you explained that if it's not the case, then they will face
7 certain legal consequences, I'm putting to you if, for example, a
8 minority, member of minority ethnic community in Republika Srpska is not
9 loyal to that system, he is also can be faced with the charges; am I
10 right or not?
11 A. This is your fundamental fallacy, Bosnia-Herzegovina was not an
12 Islamic state. It was a civic state recognised by the international
13 community or many dozens of countries with its own constitutional system
14 of which the Muslims were one group, and so the linearity here again
15 doesn't apply. The state that existed in that period from 1992 to 1995
16 just could not be described even remotely as an Islamic republic or
17 Islamic state.
18 JUDGE HALL
19 Mr. Pantelic's quotation, the original reads, n-o-n Muslims, but
20 transcript reads as, k-n-o-w-n Muslims, at page 71, line 1, which
21 obviously changes the context of what the --
22 MR. PANTELIC: Yes, thank you, Your Honour. Could we have
23 exhibit number for this page 49 and 50 in B/C/S, and page 37 -- sorry,
24 sorry, page 49 and 50 in English and 37 in B/C/S, please.
25 JUDGE HALL
1 THE REGISTRAR: As Exhibit 2D35, Your Honours.
2 JUDGE HALL
3 MR. PANTELIC: Just one particular part, Your Honour, and I'm
4 very sorry to say, but I must finish, but I would need much more time.
5 This is page 69 and 70 in English version and 53 and 54 in B/C/S. The
6 particular passage here is that Mr. Izetbegovic is speaking about the
7 relations between Jews and, as I understand, Arab regimes, Palestinian
8 issue, et cetera. And then in this particular part he said:
9 "There is only one solution for the Islamic movement and all
10 Muslims in the world, to continue the struggle, to widen and lengthen the
11 day by day, year by year, whatever the sacrifice or however long it may
13 I put to you, Dr. Donia, that this is a clear message of
14 Mr. Izetbegovic and the basis of his policy, although I can admit, maybe
15 it's not a public policy, but the acts of Muslim -- Bosnian Muslim regime
16 in Bosnia
17 that this was the basis for a process of majorisation of Muslim --
18 Bosnian Muslim in Bosnia
19 A. No, I do not agree that it was the basis for whatever you may
20 choose to characterise happened in October of 1991.
21 MR. PANTELIC: Thank you, Dr. Donia. Can we have a number,
22 please, Your Honours, for these particular pages.
23 JUDGE HALL
25 THE REGISTRAR: Exhibit 2D36, Your Honours.
1 MR. PANTELIC: Thank you.
2 Q. And, Dr. Donia, tell me and tell the Chamber, please, what was
3 your financial remuneration for being expert in Prosecution office? I
4 mean, were you acted on a pro-bono basis or professional basis? I'm not
5 asking for figures, but just general terms you were paid for your work.
6 A. Is not enough a good answer or? I received the witness fee of
7 200 dollars a day --
8 Q. No, no, don't go into figures?
9 A. Plus a per diem.
10 Q. I understand. You were paid by Bosnia-Herzegovina government for
11 your engagement before ICJ, I believe?
12 A. I was paid by the, yes, by the attornies for the
13 Bosnia-Herzegovina government for the report.
14 Q. Yes. And in fact, you are -- you were in Sarajevo before -- I
15 mean, during Tito regime, during socialist regime, you were many times,
17 A. Yes, I was there -- not many times. I was there in 1965, I was
18 there in 1974, 1975 for a year, and then again in 1978, then again 1985.
19 Q. And comparing this period to today's time, in terms of number of
20 mosques in Sarajevo
21 A. There are many more mosques in Sarajevo today than there were in
23 Q. And do you remember - because Sarajevo was, and to some extent is
24 still one of my very favourite cities in former Yugoslavia, good food,
25 good people and good atmosphere - do you remember, Dr. Donia, what was
1 the colour of the street plates at that time during Tito regime? I can
2 tell you it was blue.
3 A. Yes.
4 Q. You agree with me?
5 A. Yes, with white -- usually with white letters.
6 Q. With white letters. And now in these days, these street plates
8 A. Green.
9 Q. Green. And green is favourite colour for Muslims, I believe?
10 A. It is.
11 Q. And the names of the streets changed, for example, now we have a
12 lot of names in Sarajevo
13 Muslim fighters for the cause, Islamic heros, not so many Serbian and
14 Croatian names now, I believe?
15 A. There are a few.
16 Q. A few.
17 A. And I think you could basically say that the former pantheon of
18 heroes, partisan figures, and major political leaders of the partisans
19 and communists have been superseded by other figures, many of whom come
20 from the Bosnian Muslim group or from the history of Bosnia-Herzegovina
21 from all groups.
22 Q. Dr. Donia, I putting to you --
23 JUDGE HALL
24 MR. PANTELIC: This is the end, Your Honour. It's the end. My
25 great finale.
1 Q. Dr. Donia, I'm putting to you that you are a fighter for a Muslim
2 and Islam cause, that you are very close to Bosnian Muslim regime in
3 Bosnia-Herzegovina, and that you are biased, and that your findings are
4 really far from a fair assessment of the events in Bosnia-Herzegovina.
5 Would you agree with me or not? Yes or no?
6 A. That is easy, no.
7 MR. PANTELIC: Thank you, Dr. Donia, have a nice day, bye-bye.
8 MS. KORNER: I hope that's no to all four questions, Dr. Donia,
9 because there were four in that long one.
10 JUDGE HALL
11 MR. CVIJETIC: [Interpretation] Your Honours, just a practical
12 proposal. I think you've noticed that both the Prosecution and the
13 Defence when it came to this document, the Islamic declaration, they
14 extracted only fragments from the document. I did not have time to deal
15 with the document. I did intend to deal with the document in the same
16 way, but I wouldn't have been consistent because during the proofing
17 session I did draw Dr. Donia's attention to the danger of taking just
18 extracts out. The Islamic declaration is a political pamphlet, not a
19 religious pamphlet. It is very short. We have admitted into evidence
20 reports that were far longer. Perhaps it would be fair and correct
21 because we have it on e-court in the B/C/S and English in its entirety,
22 that it be tendered as an entire document and then leave it up to you to
23 assess it, to evaluate the document as a whole. What value it has with
24 respect to the events in Bosnia-Herzegovina.
25 [Trial Chamber confers]
1 JUDGE HALL
3 MR. CVIJETIC: [Interpretation] Yes, that's right.
4 JUDGE HALL
5 MR. CVIJETIC: [Interpretation] It's a small booklet, small
6 format, just 40 pages, and we had reports that were over 100 pages long,
7 but historically speaking, it's a very important document.
8 JUDGE HALL
9 So the Registry would then have the unenviable task of revising the
10 numbering system to accommodate the one document.
11 MS. KORNER: Your Honour, I wonder if you want to go back to --
12 originally, we tendered it as an early exhibit, and if we -- as the --
13 the whole book, then it becomes P whatever -- P6.
14 JUDGE HALL
15 [Trial Chamber and registrar confer]
16 JUDGE HALL
17 THE REGISTRAR: Your Honours, in this case, entire book will
18 become Exhibit P6 and Exhibits 2D31 to 2D36 will be removed from the
20 JUDGE HALL
21 Ms. Korner --
22 MS. KORNER: I just do have the one question.
23 Re-examination by Ms. Korner.
24 Q. Dr. Donia, it arises out of what you were asked this morning
25 about Mr. Karadzic's speech to the Assembly in October 1991. And you
1 were asked at the LiveNote page 21, lines 23 to 25 -- or 20, rather, to
2 22 is the question -- you were asked if you agreed that it had to be
3 interpreted in the context of the entire speech, and you said you did.
4 And I also think it should be taken in the context of other utterances
5 that he made in the immediate several days preceding this one on the
6 floor of the Assembly.
7 Are you able to simply tell the Court what other utterances you
8 had in mind?
9 A. Yes. There are a number of telephone intercepts between
10 Dr. Karadzic and other SDS
11 think at the time was in Montenegro
12 similar to the final sentences of that speech about the Muslims
13 disappearing, and in fact elaborated, gave some numbers about the Muslims
14 who would disappear without assigning a subject to who was going to
15 disappear them, he referred in these conversations repeatedly to the
16 Muslims disappearing as a people.
17 Q. Yes, thank you very much, Dr. Donia, that's all I ask in
19 JUDGE HALL
20 MR. CVIJETIC: [Interpretation] Your Honours, I just have a
21 suggestion to make. Under P6 on e-court, we only have the three pages
22 that the Prosecution referred to at the time, but as we have had the
23 whole document translated into English, I will give it's number.
24 THE INTERPRETER: Could counsel repeat the number of the
25 document, please.
1 [Trial Chamber and registrar confer]
2 JUDGE HALL
3 ter list, it then having been converted to an exhibit, P6, the whole book
4 is now in. Is that the point -- is that what you were raising? Thank
6 MR. CVIJETIC: [Interpretation] Yes, if the whole book is in, then
7 there's no problem. I've been given the information that it has.
8 THE INTERPRETER: Could counsel repeat the number slowly please
10 [Trial Chamber and registrar confer]
11 JUDGE HALL
12 process of being put in.
13 Dr. Donia, we thank you for your attendance before the Tribunal.
14 We wish you a safe journey back to your home. I neglected when I greeted
15 you this morning to wish you all the best for the new year, I do that
16 now. So thank you, you are now released as a witness.
17 THE WITNESS: Thank you.
18 [The witness withdrew]
19 MS. KORNER: I know Your Honours are -- I am going -- to deliver
20 various rulings, but could I first thing tomorrow morning deal with what
21 is left over with --
22 JUDGE HALL
23 MS. KORNER: Yes, I've forgotten, tomorrow afternoon. Tomorrow
24 afternoon, with what is left over about exhibiting documents from
25 Dr. Donia's testimony. We didn't sort out about what has happened with
1 some of the earlier ones.
2 JUDGE HALL
3 Ms. Korner. We now move into private session.
4 [Private session]
11 Pages 5085-5086 redacted. Private session.
6 --- Whereupon the hearing adjourned at 1.46 p.m.
7 to be reconvened on Tuesday, the 19th day of
8 January, 2010, at 2.15 p.m.