1 - See Annex VI, 1-7. The Indictment, evidence and exhibits do not contain identical definitions of Central Bosnia. For instance, the list of municipalities which were to constitute the Bosnian Croat Military Zone of Central Bosnia (“the Central Bosnia Operative Zone”) changed from one order to another (e.g. Ex. Z151, Z199.3, Z234, Z292.2). However, review of the available materials provides a coherent basis for a definition for the purposes of this Judgement.
2 - These figures are based on a table setting out the results of the 1991 Census which was exhibited in the case: Ex. Z571.2.
3 - Brig. Luka Sekerija, a retired officer from the HVO, T. 18151.
4 - Prosecutor v. Dusko Tadic, Case No. IT-94-I-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 Oct. 1995 (“Tadic Jurisdiction Decision”), Tadic (1995) I ICTY JR 293.
5 - Tadic Jurisdiction Decision, paras. 140-41.
6 - The Tadic Appeals Chamber held that “the armed conflict requirement is a jurisdictional element, not ‘a substantive element of the mens rea of crime against humanity’ (i.e., not a legal ingredient of the subjective element of the crime)”. Prosecutor v. Dusko Tadic, Case No. IT-94-1-A, Judgement, 15 July 1999 (“Tadic Appeal Judgement”), para. 249. The Kupreskic Trial Judgement held that the character of the conflict “is therefore immaterial”, Prosecutor v. Zoran Kupreskic et al., Case No. IT-95-16-T, Judgement, 14 January 2000 (“Kupreskic Trial Judgement”), para. 545.
7 - Tadic Jurisdiction Decision, para. 70.
8 - Kordic Final Brief, Annex E, p. E-1.
9 - Prosecution Final Brief, para. 162, citing Prosecutor v. Tihomir Blaskic, Case No. IT-95-14-T, Judgement, 3 March 2000 (“Blaskic Trial Judgement”), para. 69.
10 - Prosecutor v. Zejnil Delalic et al., Case No. IT-96-21-T, Judgement, 16 November 1998 (“Celebici Trial Judgement”), para. 185.
11 - Tadic Jurisdiction Decision, para. 70.
12 - Tadic Appeal Judgement, para. 251.
13 - Tadic Appeal Judgement, para. 251.
14 - Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 (“Geneva Convention I”); Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 (“Geneva Convention II”); Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (“Geneva Convention III”); Geneva Convention Relative to the Protection of Civilian Persons in Time of War (“Geneva Convention IV”) (“the Geneva Conventions”).
15 - Counts 12, 23 and 27 (Dario Kordic) and Counts 19, 31 and 35 (Mario Cerkez).
16 - Count 8 (Dario Kordic) and Count 15 (Mario Cerkez).
17 - Count 11 (Dario Kordic) and Count 18 (Mario Cerkez).
18 - Count 22 (Dario Kordic) and Count 30 (Mario Cerkez).
19 - Count 25 (Dario Kordic) and Count 33 (Mario Cerkez).
20 - Count 37 (Dario Kordic) and Count 40 (Mario Cerkez).
21 - Prosecution Final Brief, Annex 7, para. 1.
22 - Prosecution Final Brief, Annex 7, para. 5 (citing Tadic Appeal Judgement, para. 137).
23 - Prosecution Final Brief, Annex 7, para. 6 (citing Prosecutor v. Zlatko Aleksovski, Case No. IT-95-14/1-A, Judgement, 24 March 2000 (“Aleksovski Appeal Judgement”), para. 125), and para. 7 (citing Aleksovski Appeal Judgement, paras. 112 -113).
24 - Prosecution Final Brief, Annex 7, para. 8.
25 - Prosecution Final Brief, Annex 7, para. 11 (citing Tadic Jurisdiction Decision, para. 68 and Celebici Trial Judgement, paras. 208 and 209).
26 - Prosecution Final Brief, Annex 7, para. 12.
27 - Prosecution Final Brief, Annex 7, para. 13.
28 - Kordic Pre-trial Brief, Vol. II, para. 8.
29 - Kordic Pre-trial Brief, Vol. II, para. 9
30 - Kordic Pre-trial Brief, Vol. II, paras. 11-12.
31 - Tadic Jurisdiction Decision and Tadic Appeal Judgement.
32 - Kordic Final Brief, Annex E, p. E-4.
33 - Kordic Final Brief, Annex E, p. E-5.
34 - Kordic Final Brief, Annex E, p. E-6.
35 - Kordic Final Brief, Annex E, p. E-6.
36 - Kordic Final Brief, Annex E, p. E-6.
37 - Kordic Final Brief, Annex E, p. E-5.
38 - Kordic Final Brief, Annex E, p. E-6 –7.
39 - Kordic Final Brief, Annex E, p. E-7.
40 - Kordic Final Brief, Annex E, p. E-10.
41 - Cerkez Final Brief, p. 59.
42 - Cerkez Final Brief, p. 60.
43 - Cerkez Final Brief, p. 60.
44 - Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement, I.C.J. Reports (1986).
45 - Cerkez Final Brief, p. 66.
46 - Cerkez Final Brief, p. 68.
47 - Cerkez Final Brief, p. 80.
48 - Cerkez Final Brief, p. 80.
49 - Cerkez Final Brief, p. 74.
50 - Cerkez Final Brief, p. 69.
51 - Cerkez Final Brief, pp. 69-70.
52 - Cerkez Final Brief, p. 73.
53 - Cerkez Final Brief, p. 78.
54 - Cerkez Final Brief, p. 79.
55 - Celebici Trial Judgement, para. 201; Tadic Appeal Judgement, para. 80; Blaskic Trial Judgement, para. 74; Aleksovski Trial Judgement, para. 117, and Prosecutor v. Zejnil Delalic et al., Case No. IT-96-21-A, Judgement, 20 February 2001 (“Celebici Appeal Judgement”), paras. 8, 26 and 36.
56 - Tadic Appeal Judgement, para. 84.
57 - Kordic Final Brief, Annex E, p. E-4.
58 - Tadic Jurisdiction Decision, paras. 77 and 78.
59 - Cerkez Final Brief, p. 68.
60 - Prosecution Final Brief, Annex 7, para. 11.
61 - Tadic Jurisdiction Decision, para. 68.
62 - Celebici Trial Judgement, para. 209.
63 - Cerkez Final Brief, p.64.
64 - European Community Monitoring Mission.
65 - Ex. Z1012 (emphasis added).
66 - Ex. Z2452 (emphasis added).
67 - In Aleksovski, the Appeals Chamber held that its decisions are binding upon Trial Chambers. See Aleksovski Appeal Judgement, para. 113.
68 - Major Alistair Rule, T. 5428–9.
69 - Major Alistair Rule, T. 5429.
70 - T. 15341.
71 - William Stutt, T. 15232.
72 - See e.g., Michael Buffini, T. 9312 -3.
73 - Alistair Duncan, T. 9796.
74 - Michael Buffini, T. 9311.
75 - Andrew Williams, T. 6003.
76 - Michael Buffini, T. 9313–14.
77 - Alistair Rule, T. 5390.
78 - Alistair Rule, T. 5392.
79 - Andrew Williams, T. 6039.
80 - Ex. Z557.1.
81 - Witness AD, T. 13048.
82 - Witness AD, T. 13050.
83 - Witness AD, T. 13026.
84 - For example, UNPROFOR reports a considerable number of Croatian army troops (Exs. Z2441.8, Z2441.10, Z2449.1 and Z2456).
85 - See e.g., Ex. Z381.2, Z385 and Z2424.
86 - See e.g., Ex. Z2437.1 (a Milinfosum dated 21 August 1993, discussing the strategic significance of the presence of Croatian troops).
87 - Ex. Z375.2, para. 32.
88 - Ex. Z375.2, para. 32.
89 - Ex. Z2455.
90 - Ex. Z2460.
91 - Ex. Z2468.
92 - Ex. Z2469.
93 - Ex. Z2414.
94 - Ex. Z2390.
95 - Ex. Z2392.1.
96 - Ex. Z2411.
97 - Ex. Z2404.1.
98 - Ex. Z2463.1.
99 - Gen. Dzemal Merdan, T. 12745.
100 - Ex. Z1348.3 and Z1365.3.
101 - Ex. Z1350.2.
102 - Major-Gen. Filip Filipovic, T. 16999.
103 - T. 16999.
104 - T. 17001–2.
105 - Major-Gen. Filip Filipovic, T. 17077.
106 - Major-Gen. Filip Filipovic, T. 17078.
107 - Brig. Luka Sekerija, T. 18145–7. (Uskoplje is the Croatian name for Gornji Vakuf.)
108 - Brig. Luka Sekerija, T. 18239.
109 - Brig. Luka Sekerija, T. 18268–9.
110 - Brig. Franjo Nakic, T. 17278.
111 - Brig. Franjo Nakic, T. 17328–9.
112 - Brig. Franjo Nakic, T. 17328.
113 - Rudy Gerritsen, T. 21761 and 21764.
114 - Rudy Gerritsen, T. 21798–9.
115 - Although Witness A did report having seen troops wearing HV patches in Busovaca in 1992 and in the early part of 1993 (T. 398).
116 - Tadic Appeal Judgement, para. 145.
117 - Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement, I.C.J. Reports (1986), p.14.
118 - Aleksovski Appeal Judgement, para. 145. See also Celebici Appeal Judgement, para. 42.
119 - Cerkez Final Brief, pp. 64–66.
120 - Tadic Appeal Judgement, para. 137.
121 - Col. Landry, T. 15313.
122 - Col. Landry, T. 15314.
123 - Ismet Sahinovic, T. 1037.
124 - Witness AS, T. 16349.
125 - Ex. Z2497.2.
126 - Ex. Z2487.
127 - Ex. Z2490.
128 - Ex. Z2374.1.
129 - Ex. Z2376.1.
130 - Ex. Z2377.
131 - Ex. Z2383.1, Z2388.1, Z2389, Z2391 and Z2395.
132 - See also Ex. Z2386: a notice from the CBOZ to municipal HVO headquarters, dated 11 November 1992, of a training course for staff of the intelligence organs of the battalions and brigades, to be instructed by personnel from the Zagreb Intelligence Administration.
133 - Ex. Z2374.
134 - Ex. Z2429.
135 - See e.g., Ex. Z2441.7 (Report of the Section for the Wounded, Split, dated 19 November 1993, stating that certain wounded from Central Bosnia received treatment and supplies in Zagreb); Ex. Z2481.1 (memorandum from HVO command to the commander of the Viteska Brigade, dated 24 May 1994, referring to the coordination between the Vitez Brigade and Split in terms of assisting the wounded).
136 - Kordic Final Brief, Annex E, p. E-7.
137 - Witness CW1, T. 26896.
138 - The Prosecution submitted two binders of exhibits relating to the international armed conflict, of which this material forms a part.
139 - Ex. Z2358.1.
140 - Ex. Z2360.6.
141 - Ex. Z2360.3.
142 - Ex. Z2360.18.
143 - Ex. Z2360.18.
144 - Blaskic Trial Judgement, para. 112.
145 - T. 26681–83.
146 - Kordic Final Brief, Annex E, p. E-6.
147 - Cerkez Final Brief, p.68.
148 - See previous discussion in this Judgement.
149 - Witness CW1, T. 26689.
150 - Ex. Z2360.6.
151 - Witness CW1, T. 26690–91.
152 - Ex. Z1668, p. 67-68.
153 - Kordic Final Brief, Annex E, p. E-7.
154 - Franjo Tuðman, Nationalism in Contemporary Europe. Ex. Z2352.1.
155 - Ex. Z1668, p.67 (referencing Franjo Tu|man, Nationalism in Contemporary Europe, p. 113).
156 - Ex. Z1668, p.67.
157 - Ex. Z1668, p. 67 (citing the Program of the HDZ, p.3).
158 - According to Tu|man, these included the districts of Bugojno, Fojnica, Travnik, Derventa, Gradacac and Brcko.
159 - Ex. Z2486.
160 - Ex. Z1668, pp. 50-51.
161 - Ex. Z2352.1, p. 113 (emphasis added).
162 - Stjepan Kljuic, T. 5333, 5338.
163 - Stjepan Kljuic, T. 5314–5.
164 - Witness E, T. 2476–7; Edib Zlotrg, T. 1599.
165 - Edib Zlotrg, T. 1643; Witness D, T. 1982; Muhamed Mujezinovic, T. 2172; Ex. Z2366.
166 - Ex. Z2419.
167 - Gen. Sir Martin Garrod, T. 13490–1 and T. 13548.
168 - Gen. Sir Martin Garrod, T. 13492.
169 - Gen. Sir Martin Garrod, T. 13492.
170 - Tadic Appeal Judgement, para. 140.
171 - Blaskic Trial Judgement, paras, 94 and 123.
172 - Tadic Appeal Judgement, paras. 163-169; Aleksovski Appeal Judgement, paras. 150–152; Celebici Appeal Judgement, paras. 56-84.
173 - Tadic Appeal Judgement, para. 166.
174 - Aleksovski Appeal Judgement, para. 152.
175 - Celebici Appeal Judgement, para. 81. The Appeals Chamber also referred to a concession made at the hearing by the Appellants that “in the former Yugoslavia ‘nationality’, in everyday conversation, refers to ethnicity. Celebici Appeal Judgement, para. 80.
176 - Celebici Appeal Judgement, para. 84.
177 - Kordic Pre-trial Brief, Vol. II, para. 64.
178 - The 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land (“Hague Convention IV”).
179 - Kordic Pre-trial Brief, Vol. II, para. 79.
180 - See Tadic Jurisdiction Decision, para. 137. See also, Prosecutor v. Anto Furundzija, Case No. IT-95-17/1-T, Judgement, 10 December 1998 (“Furundzija Trial Judgement”), para. 132, and Blaskic Trial Judgement, para. 161.
181 - Aleksovski Appeal Judgement, para. 113.
182 - Decision on the Joint Defence Motion to Dismiss the Amended Indictment for Lack of Jurisdiction Based on the Limited Jurisdictional Reach of Articles 2 and 3, 2 March 1999 (“Decision on Jurisdiction”), para. 31.
183 - Kordic Pre-trial Brief, Vol. II, para. 68.
184 - Kordic Pre-trial Brief, Vol. II, paras. 70-71.
185 - Tadic Jurisdiction Decision, para. 91 (emphasis in the original).
186 - Tadic Jurisdiction Decision, para. 143.
187 - See the Notifications of the Swiss Federal Council, which is the depositary of the Conventions and Protocols, regarding the Declarations of Succession, issued on 7 July 1992 (Croatia) and 17 February 1993 (RBiH), respectively.
188 - The Defence submits that Additional Protocol I did not reflect customary law at the relevant time because some provisions were not adopted by the International Law Commission in its Draft Statute for the International Criminal Court of 1994. However, the Trial Chamber is not persuaded by this argument and reiterates its conclusion contained in the earlier Decision on Jurisdiction.
189 - Tadic Jurisdiction Decision, para. 128. The quotation is from the Judgement of the IMT, The Trial of Major War Criminals: Proceedings of the International Military Tribunal sitting at Nuremberg, Germany, Part 22, 1950, p. 447.
190 - Tadic Jurisdiction Decision, para. 134.
191 - Celebici Appeal Judgement, paras. 153-173.
192 - Counts 7 and 14 charge Dario Kordic and Mario Cerkez, respectively, with murder as a crime against humanity. The accused are also charged with wilful killing as a grave breach under Article 2 of the Statute, and murder as a violation of the laws or customs of war under Article 3, for the same acts by Counts 8 and 9, and 15 and 16, respectively. Counts 21 and 29 charge Dario Kordic and Mario Cerkez, respectively, with imprisonment as a crime against humanity. The accused are also charged with unlawful confinement of civilians as a grave breach under Article 2 for the same acts in Counts 22 and 30. Counts 10 and 17 charge Dario Kordic and Mario Cerkez, respectively, with inhumane acts as a crime against humanity. The same acts are also charged as wilfully causing great suffering or serious injury to body and health as a grave breach (Counts 11 and 18), inhuman treatment as a grave breach (Counts 12 and 19), and violence to life and persons as a violation of the laws or customs of war (Counts 13 and 20).
193 - Prosecution Pre-trial Brief, para. 169 and Prosecution Final Brief, Annex 5, para. 166, citing Tadic Trial Judgement at paras. 639 and 643, and Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement, 2 September 1998 (“Akayesu Trial Judgement”) at para. 582.
194 - Kordic Pre-trial Brief, Vol. II, para. 93, and Kordic Final Brief, p. 491. Cerkez Final Brief, p. 95.
195 - Kordic Pre-trial Brief, Vol. II, para. 97, and Kordic Final Brief, pp. 491-492.
196 - Kordic Pre-trial Brief, Vol. II, para. 95, and Kordic Final Brief, pp. 491-492, citing Final Report of the Commission of Experts Established Pursuant to Security Council Resolution 780.
197 - Prosecution Pre-trial Brief, para. 169, and Prosecution Final Brief, Annex 5, para. 173, citing Tadic Trial Judgement, para. 648 and Akayesu Trial Judgement, para. 580.
198 - Kordic Pre-trial Brief, Vol. II, para. 99, and Kordic Final Brief, pp. 490-91, citing Tadic Trial Judgement, para. 646.
199 - Kordic Pre-trial Brief, Vol. II, paras. 100-103, and Kordic Final Brief, p. 494. The Defence cites the Justice Trial (“Trial of Joseph Altstötter and Others, Vol. VI, Law Reports of Trials of War Criminals, U.N. War Crimes Commission, London, 1949) in support of its argument.
200 - Blaskic Trial Judgement, para. 203.
201 - Prosecution Final Brief, para. 187, citing Kupreskic Trial Judgement, para. 551 (emphasis in original).
202 - Kordic Pre-trial Brief, Vol. II, paras. 105-108, and Kordic Final Brief, pp. 494-495. The Defence cites a number of cases and international legal scholars in support of this proposition.
203 - Tadic Appeal Judgement, para. 271: “The Trial Chamber correctly recognised that crimes which are unrelated to widespread or systematic attacks on a civilian population should not be prosecuted as crimes against humanity.” The Tadic Trial Chamber also found that, although not formally required by Article 5, “the acts must occur on a widespread or systematic basis” (Tadic Trial Judgement, para. 644).
204 - Kupreskic Trial Judgement, para. 544; Blaskic Trial Judgement, para. 207.
205 - Tadic Trial Judgement, para. 644.
206 - Tadic Trial Judgement, para. 649. Kupreskic Trial Judgement, para. 550.
207 - Blaskic Trial Judgement, para. 203.
208 - Blaskic Trial Judgement, para. 206.
209 - Tadic Trial Judgement, para. 638.
210 - Tadic Trial Judgement, para. 643, referring to Prosecutor v. Mile Mrksic, Miroslav Radic and Veselin Sljivancanin, Review of the Indictment Pursuant to Rule 61 of the Rules of Procedure and Evidence, Case No. IT-95-13-R61, 3 April 1996, paras. 29 and 32. In that case, patients in a hospital who had been part of the resistance movement and had laid down their arms were considered victims of crimes against humanity. Kupreskic Trial Judgement, paras. 547-549. Blaskic Trial Judgement, paras. 208-213.
211 - Blaskic Trial Judgement, para. 214.
212 - Tadic Trial Judgement, para. 654.
213 - Tadic Trial Judgement, para. 655.
214 - Blaskic Trial Judgement, para. 204.
215 - Kupreskic Trial Judgement, para. 551 (emphasis in the original).
216 - Prosecution Final Brief, para. 191, citing Blaskic Trial Judgement, para. 251.
217 - Prosecution Final Brief, para. 191, citing Tadic Trial Judgement, para. 659; Kupreskic Trial Judgement, para. 557; and Prosecutor v. Kayishema and Ruzindana, Case No. ICTR-95-1-T, Judgement, 21 May 1999 (“Kayishema Trial Judgement”), para. 134.
218 - Prosecution Final Brief, para. 191, citing Blaskic Trial Judgement, para. 259.
219 - Kordic Final Brief, para. 495.
220 - Tadic Trial Judgement, paras. 656-657; Kupreskic Trial Judgement, para. 556; Blaskic Trial Judgement, paras. 247-250.
221 - Tadic Appeal Judgement, paras. 248 and 271.
222 - Kayishema Trial Judgement, paras. 133-134, referred to in Kupreskic Trial Judgement, para. 557, and Blaskic Trial Judgement, para. 249. The Tadic Trial Chamber also found that such knowledge could be inferred from the circumstances (actual or constructive knowledge), Tadic Trial Judgement, para. 657.
223 - This view was held in the Tadic Trial Judgement, paras. 650-652.
224 - Tadic Appeal Judgement, para. 305.
225 - Tadic Appeal Judgement, para. 272.
226 - Tadic Appeal Judgement, paras. 252 and 269.
227 - Tadic Appeal Judgement, para. 255.
228 - Kordic Final Brief, p. 497 (emphasis added).
229 - Prosecution Final Brief, Annex 5, para. 198.
230 - Tadic Trial Judgement, para. 715.
231 - Tadic Appeal Judgement, para. 283.
232 - Prosecution Pre-trial Brief, para. 159.
233 - Kordic Pre-trial Brief, Vol. II, paras. 125, 127-128; Kordic Final Brief, pp. 498-500.
234 - Kordic Final Brief, pp. 499-500.
235 - Kordic Final Brief, p. 499.
236 - Kordic Final Brief, p. 500.
237 - Tadic Trial Judgement, para. 694; Kupreskic Trial Judgement, para. 567; Blaskic Trial Judgement, para. 219.
238 - Tadic Trial Judgement, para. 694.
239 - The Kordic Defence submits that the term “persecution” is potentially an enormously elastic concept that touches on a number of civil liberties (such as freedom of speech and political association). Furthermore, criminal law is a blunt instrument. Criminalising acts that are generally the subject of civil remedy, if any, in most jurisdictions (such as employment discrimination) would result in the ex post facto creation of new criminal offences and thus violate the principle of nullum crimen sine lege. Kordic Defence Closing Arguments, T. 28385-86.
240 - Aleksovski Appeal Judgement, para. 126. The Appeals Chamber further held that the principle of legality “does not prevent a court, either at the national or international level, from determining an issue through a process of interpretation and clarification as to the elements of a particular crime”, para. 127.
241 - See Tadic Trial Judgement, para. 703; Kupreskic Trial Judgement, para. 614; Blaskic Trial Judgement, para. 233. The Appeals Chamber has not addressed this specific issue yet.
242 - Kupreskic Trial Judgement, para. 581.
243 - Kupreskic Trial Judgement, para. 618 (emphasis in the original).
244 - Kupreskic Trial Judgement, para. 619.
245 - Kupreskic Trial Judgement, para. 621.
246 - Prosecution Final Brief, Annex 5, para. 205.
247 - Kupreskic Trial Judgement, para. 618 (emphasis added). See also Tadic Trial Judgement, para. 707 (“There is a limit … to the acts which can constitute persecution within the meaning of crimes against humanity”).
248 - Article 7(1)(h) of the ICC Statute reads: “Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender … or other grounds that are universally recognised as permissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court.” Rome Statute of the International Criminal Court, U.N. Doc. A/Conf.183/9 (1998).
249 - ICC Statute, Art. 7(2)(g). See also the Report of the Preparatory Commission for the International Criminal Court, Finalised Draft Text of the Elements of Crimes, 6 July 2000, PCNICC/2000/INF/3/Add.2.
250 - Kupreskic Trial Judgement, paras. 578-581. The Kupreskic Trial Chamber relied on the following sources in reaching this conclusion: Control Council Law No. 10 (C.C. Law 10), which omitted the link between crimes against humanity and war crimes; national legislation, particularly in France and Canada; the case law of the National Military Tribunal, particularly the Einsatzgruppen Case (NMT Vol. IV, p. 49) and the Justice case (NMT Vol. III, p. 974); various international treaties (the Genocide Convention of 1948, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity of 1968, and the Apartheid Convention of 1973); and the Tadic Jurisdiction Decision, paras. 140-141.
251 - See ICC Statute, Articles 6-8. Paragraph 1 of Article 7, entitled “Crimes against humanity”, sets out the following acts: (a) murder; (b) extermination; (c) enslavement; (d) deportation or forcible transfer of population; (e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) torture; (g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterelization, or any other form of sexual violence of comparable gravity; (h) persecution; (i) enforced disappearance of persons; (j) apartheid; (k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or mental or physical health. A number of these crimes are not listed in the Statute of the International Tribunal.
252 - Tadic Trial Judgement, para. 717. The Tadic Trial Chamber generally held that "the crime of persecution encompasses a variety of acts, including, inter alia, those of physical, economic or judicial nature, that violate an individual's right to equal enjoyment of his basic rights”, Tadic Trial Judgement, para. 710.
253 - Kupreskic Trial Judgement, paras. 628-633. The Trial Chamber found that the “‘deliberate and systematic killing of Bosnian Muslim civilians’ as well as their ‘organised detention and expulsion from Ahmici’ can constitute persecution”. Kupreskic Trial Judgement, para. 629.
254 - Blaskic Trial Judgement, para. 234.
255 - Blaskic Trial Judgement, para. 233.
256 - Kupreskic Trial Judgement, para. 622, reiterating para. 615; the Trial Chamber referred to the Justice Trial and the Einsatzgruppen Case in support of its finding, See Kupreskic Trial Judgement, footnotes 895 and 898. See Prosecution Final Brief, Annex 5, para. 211. The Kordic Defence appears to agree with this finding, See Kordic Final Brief, p. 498.
257 - The Defence bases this argument on the use of the conjunctive “and” in the list of acts allegedly comprising the campaign of persecution in paragraph 37(j) of the Indictment. The Defence does not cite any sources in support of this argument. Kordic Final Brief, p. 486.
258 - Kupreskic Trial Judgement, para. 624.
259 - Indictment, Counts 1 and 2 (Persecutions), paragraph 37(a) and 39(a). The Trial Chamber notes that this act, unlike several of the acts discussed below, has previously been charged by the Prosecutor as persecution under Article 5(h) of the Statute. See Prosecutor v. Tihomir Blaskic, Second Amended Indictment, 26 April 1999, Count 1 (Persecution), paragraph 6.1 (“the widespread and systematic attack of cities, towns and villages, inhabited by Bosnian Muslims…”).
260 - Indictment, Counts 1 and 2 (Persecutions), paragraphs 37(h), 37(i), 38(g), 38(h). The Prosecutor also charged these acts as persecution in Blaskic. See Prosecutor v. Tihomir Blaskic, Second Amended Indictment, 26 April 1999, Count 1 (Persecution), paragraph 6.5.
261 - Statute, Articles 2(e) (“compelling a prisoner of war or a civilian to serve in the forces of a hostile power”) and 2(h) (“taking civilians as hostages”).
262 - Indictment, Counts 1 and 2 (Persecutions), paragraphs 37(j) and 39(i).
263 - See, e.g., Tadic Trial Judgement, paras. 707, 710; Kupreskic Trial Judgement, para. 631; Blaskic Trial Judgement, paragraph 227.
264 - Kupreskic Trial Judgement, para. 634, cited with approval in Prosecution Final Brief, Annex 5, para. 200, and Kordic Final Brief, p. 501.
265 - Kupreskic Trial Judgement, paras. 615, 622. (“Persecution is commonly used to describe a series of acts rather than a single act. Acts of persecution will usually form part of a policy or at least a patterned practice, and must be regarded in their context.”)
266 - Indictment, Counts 1 and 2 (Persecutions), paragraphs 37(k) and 39(j).
267 - Nuremberg Judgement, pp. 248 and 302. See also Eichmann District Court Judgement, para. 57.
268 - Blaskic Trial Judgement, 3 March 2000, para. 227.
269 - 1991 ILC Report, p. 268 (persecution may take the form of the “systematic destruction of monuments or buildings representative of a particular social, religious, cultural or other group”).
270 - Indictment, Count 1 (Persecutions), paragraph 37(c).
271 - The Trial Chamber recognises that “direct and public incitement to genocide” is a crime under Article 4(3)(c) of the Statute, but the act alleged in the present case falls far below that crime.
272 - The criminal prosecution of speech acts falling short of incitement finds scant support in international case law. In the Streicher case, the International Military Tribunal convicted the accused of persecution because he “incited the German people to active persecution.” The IMT found that his acts (publishing a virulently anti-Semitic journal) amounted to “incitement to murder and extermination”. (Streicher Case, Nuremberg Judgement, pp. 302-304). Similarly in the Akayesu Trial Judgement (paras. 672-675), the ICTR found the accused guilty of direct and public incitement to commit genocide under Article 2(3)(c) of the Statute of the ICTR. Furthermore, the only speech act explicitly criminalised under the statutes of the International Military Tribunal, Control Council Law No. 10, the ICTY, ICTR and ICC Statute, is the direct and public incitement to commit genocide. The sharp split over treaty law in this area is indicative that such speech may not be regarded as a crime under customary international law. The International Convention on the Elimination of All Forms of Racial Discrimination, for example, states that parties to the Convention “shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination.” Article 20 of the ICCPR (Prohibitions of Propaganda for War) provides that “(1) any propaganda for war shall be prohibited by law. (2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Although initial drafts of Article 20 made incitement to racial hatred a crime, only the obligation to provide for a prohibition by law prevailed. This formulation does not require a prohibition by criminal law. See Manfred Nowak, United Nations Covenant on Civil and Political Rights (1993), at 361. A significant number of States have attached reservations or declarations of interpretations to these provisions. The broad spectrum of legal approaches to the protection and prohibition of “encouraging, instigating and promoting hatred, distrust and strife on political, racial, ethnic or religious grounds, by propaganda, speeches or otherwise” also indicates that there is no international consensus on the criminalisation of this act that rises to the level of customary international law. Germany and the United States mark the opposite ends of this spectrum, although various other countries, including the former Yugoslavia, have provided for some form of regulation of hate speech. See, e.g, South Africa Constitution (1996), Art. 16(c) (excluding “advocacy of hatred that is based on race, ethnicity, gender and religion, and that constitutes incitement to cause harm”), Canadian Criminal Code, section 319(2) (prohibiting the communication of statements that wilfully promote hatred against any identifiable group distinguished by colour, race, religion or ethnic origin), and French Criminal Code, article 32 (“Those, who by publication by any of various means, provoke discrimination, hatred, or violence with regard to a person or a group of persons by reason of their origin or their membership or nonmembership in an ethnic group, nation, race, or particular religion, shall be punished by a term of imprisonment of one year and by a fine”). Article 133 of the Yugoslav Federal Criminal Code prohibited the publication of information that could “disrupt the brotherhood, unity and equality of nationalities.” The German Criminal Code provides for the punishment of those who incite hatred, or invite violence or arbitrary acts against parts of the population, or insult, maliciously degrade, or defame part of the population, in a manner likely to disturb the public peace (StGB, § 130). The United States, in contrast, is exceptional in the extent of its free speech guarantees. Hate speech finds protection in the United States constitutional regime provided it does not rise to the level of “incitement”, a very high threshold in American jurisprudence. See United States Constitution, 1st amendment.
273 - Indictment, Count 1 (persecutions), paragraph 37(e) (this act is charged against Dario Kordic only).
274 - Einsatzgruppen case, NMT Vol. IV, p. 49.
275 - Tadic Appeal Judgement, para. 305.
276 - Blaskic Trial Judgement, para. 235 (emphasis added; footnote omitted).
277 - Blaskic Trial Judgement, para. 244. See also para. 260, explicitly excluding the specific mens rea for the crime of persecution from the other crimes against humanity, which “need not have been perpetrated with the deliberate intent to cause injury to a civilian population on the basis of specific characteristics”.
278 - Kupreskic Trial Judgement, para. 636.
279 - Kupreskic Trial Judgement, para. 625, citing Streicher, IMT Judgement, p. 302 (as the publisher of an anti-Semitic Journal, Streicher “infected the German mind with the virus of anti-Semitism, and incited the German people to active persecution,” although Streicher did so in no official capacity).
280 - Kupreskic Trial Judgement, para. 636 (emphasis added).
281 - Kupreskic Trial Judgement, para. 634 (emphasis added). Prosecution Final Brief, para. 200, and Kordic Final Brief, p. 502.
282 - Kordic Pre-trial Brief, Vol. II, para. 131; Kordic Final Brief, pp. 503-505.
283 - Report of the Secretary-General, para. 51.
284 - Kordic Final Brief, p. 504.
285 - Kordic Final Brief, p. 501.
286 - Prosecution Final Brief, Annex 5, para. 198.
287 - Prosecution Final Brief, Annex 5, para. 198.
288 - Statute, Art. 6.
289 - Kupreskic Trial Judgement, para. 634.
290 - Prosecution Final Brief, Annex 5, para. 22.
291 - Prosecution Final Brief, Annex 5, para. 23.
292 - Prosecution Final Brief, Annex 5, para. 26.
293 - Kordic Pre-trial Brief, Vol. II, para. 33.
294 - Kordic Pre-trial Brief, Vol. II, para. 36.
295 - Kordic Pre-trial Brief, Vol. II, para. 37.
296 - Kordic Pre-trial Brief, Vol. II, para. 37.
297 - Kordic Pre-trial Brief, Vol. II, para. 38.
298 - Cerkez Final Brief, p.4.
299 - Celebici Trial Judgement, paras. 420 – 439.
300 - Blaskic Trial Judgement, para. 153.
301 - Celebici Trial Judgement, para. 424, Blaskic Trial Judgement, para. 153.
302 - Celebici Trial Judgement, para. 424. In relation to the requirement that the victim was a protected person, See discussion earlier in this Judgement.
303 - Celebici Trial Judgement, para. 439.
304 - Prosecution Pre-trial Brief, pp. 46-47.
305 - Kordic Pre-trial Brief, para. 74.
306 - Prosecution Final Brief, para. 94.
307 - Prosecution Final Brief, para. 120.
308 - Prosecution Final Brief, para. 120. See also Celebici Trial Judgement, para. 422.
309 - Celebici Trial Judgement, paras. 422 and 437-439, Blaskic Trial Judgement, para. 181.
310 - See Common Article 3 of the Geneva Conventions, and discussion of Article 3 of the Statute in this Judgement.
311 - Prosecution Final Brief, para. 195, citing Celebici Trial Judgement, para. 424.
312 - Prosecution Final Brief, para. 195.
313 - Kordic Pre-trial Brief, p. 10.
314 - See in the ICTR jurisprudence, Akayesu Trial Judgement, paras. 587-589; Kayishema/Ruzindana Trial Judgement, paras. 137-138; Prosecutor v. Georges Anderson Nderubumwe Rutaganda, Case No. ICTR-96-3, Judgement, 6 Dec. 1999, para. 79; Prosecutor v. Alfred Musema, Case No. ICTR-96-13, Judgement, 27 Jan. 2000, para. 244. In the ICTY jurisprudence, Prosecutor v. Goran Jelisic, Case No. IT-95-10-T, Judgement, 14 Dec. 1999 (“Jelisic Trial Judgement”), para. 51; Blaskic Trial Judgement, para. 216. Although the Kupreskic Trial Judgement defined murder as an “intentional and premeditated killing”, it did not refer to the latter element in its factual findings, para. 818.
315 - Blaskic Trial Judgement, para. 216.
316 - The Kupreskic and Blaskic Trial Judgements both refer to the International Law Commission’s view that “Murder is a crime that is clearly understood and well defined in the national law of every State. This prohibited act does not require any further explanation." Kupreskic Trial Judgement, para. 560, and Blaskic Trial Judgement, para. 217.
317 - Kupreskic Trial Judgement, paras. 560-561; Blaskic Trial Judgement, para. 217; Akayesu Trial Judgement, para. 589.
318 - Celebici Trial Judgement, para. 439. As regards the common requirements for the application of Article 5 of the Statute, See discussion above.
319 - Indictment, paras. 42-43.
320 - Indictment, paras. 44-45 and 50-51.
321 - Indictment, paras. 49 and 54.
322 - Prosecution Final Brief, Annex 5, para. 37.
323 - Prosecution Final Brief, Annex 5, para. 39.
324 - Prosecution Final Brief, Annex 5, para. 40.
325 - Prosecution Final Brief, Annex 5, para. 41.
326 - Kordic Pre-trial Brief, Vol. II, para. 49.
327 - Kordic Pre-trial Brief, Vol. II, para. 50.
328 - Kordic Pre-trial Brief, Vol. II, paras. 51 and 52.
329 - Kordic Pre-trial Brief, Vol. II, para. 53.
330 - Cerkez Final Brief, p. 49.
331 - ICRC Commentary (GC IV), p. 599.
332 - Celebici Trial Judgement, para. 510.
333 - Prosecution Final Brief, Annex 5, para. 28.
334 - Prosecution Final Brief, Annex 5, para. 29.
335 - Prosecution Final Brief, Annex 5, para. 33.
336 - Prosecution Final Brief, Annex 5, para. 35.
337 - Prosecution Final Brief, Annex 5, para. 36.
338 - Kordic Pre-trial Brief, Vol. II, para. 39.
339 - Kordic Pre-trial Brief, Vol. II, paras. 39-40.
340 - Kordic Pre-trial Brief, Vol. II, para. 41.
341 - Kordic Pre-trial Brief, Vol. II, para. 45.
342 - Kordic Pre-trial Brief, Vol. II, para. 43.
343 - Kordic Pre-trial Brief, Vol. II, para. 46.
344 - Kordic Pre-trial Brief, Vol. II, para. 47.
345 - Kordic Pre-trial Brief, Vol. II, para. 48.
346 - Cerkez Final Brief, p. 109.
347 - Cerkez Final Brief, p. 109.
348 - Celebici Trial Judgement, para. 543.
349 - Prosecution Pre-trial Brief, pp. 47-48.
350 - Kordic Pre-trial Brief, Vol. II, para. 74.
351 - Prosecution Final Brief, Annex 5, para. 95. Also, para. 123.
352 - Tadic Jurisdiction Decision, para. 129, Celebici Appeal Judgement, paras. 140-50.
353 - Blaskic Trial Judgement, para. 182. The Trial Chamber notes that the parties in the instant case have reached the same conclusion regarding the mental element.
354 - Prosecution Pre-trial Brief, pp. 47-48.
355 - Kordic Pre-trial Brief, para. 74. In the context of the submissions, Articles 2 and 3 are those of the Statute.
356 - Prosecution Final Brief, para. 124.
357 - Prosecution Final Brief, para. 125.
358 - Prosecution Final Brief, para. 128. See also para. 127.
359 - Celebici Trial Judgement, para. 552.
360 - Celebici Trial Judgement, paras. 551 and 552. The Celebici Trial Chamber noted the observation of the Tadic Trial Chamber that “cruel treatment is treatment that is inhuman”; Celebici Trial Judgement, para. 550.
361 - Prosecution Final Brief, Annex 5, para. 212.
362 - Prosecution Final Brief, Annex 5, para. 212, citing Celebici Trial Judgement, para. 543, and Blaskic Trial Judgement, paras. 154-155.
363 - Kordic Pre-trial Brief, Vol. III, p. 11.
364 - Kordic Pre-trial Brief, Vol. III, p. 11.
365 - Cerkez Final Brief, p. 109.
366 - Kupreskic Trial Judgement, para. 563; Blaskic Trial Judgement, para. 237.
367 - Tadic Trial Judgement, para. 729.
368 - Kupreskic Trial Judgement, para. 566.
369 - Tadic Trial Judgement, para. 729.
370 - Tadic Trial Judgement, para. 730.
371 - Blaskic Trial Judgement, para. 239.
372 - Kupreskic Trial Judgement, para. 566. Contrary to the Tadic Appeals Chamber’s finding, the Trial Chamber appears to have included a requirement that some of the acts that may be characterised as “inhumane acts” be performed with a discriminatory intent.
373 - Blaskic Trial Judgement, para. 243.
374 - Indictment, paras. 44-46 and 50-51.
375 - Prosecution Final Brief, Annex 5, para. 51.
376 - Prosecution Final Brief, Annex 5, paras. 56-58.
377 - Prosecution Final Brief, Annex 5, para. 59.
378 - Prosecution Final Brief, Annex 5, para. 59.
379 - Prosecution Final Brief, Annex 5, para. 60.
380 - Prosecution Final Brief, Annex 5, para. 61.
381 - Prosecution Final Brief, Annex 5, para. 62 citing Geneva Convention IV, Art. 43.
382 - Prosecution Final Brief, Annex 5, paras. 62-63.
383 - Kordic Pre-trial Brief, Attachment A, p. 3.
384 - Cerkez Final Brief, pp. 105-108.
385 - Korematsu v. United States, 323 U.S. 214 (1944): order of U.S. military commander to remove from the West Coast military zone U.S. citizens of Japanese origin and accommodate/intern them in “assembly centres” located outside the military zone, for the purpose of successful conduct of war and protection against espionage and sabotage of national defence material, premises and defence utilities.
386 - Hirabayashi v. United States, 320 U.S. 81 (1943): order of the U.S. military commander of the West Coast imposing a curfew as a safety measure against the threat of possible sabotage or espionage that would significantly affect the military efforts, which threat might be reasonably expected as an assistance to the possible enemy invasion.
387 - Cerkez Final Brief, pp. 107-108.
388 - ICRC Commentary (GC IV), p. 202.
389 - ICRC Commentary (GC IV), p. 56.
390 - Celebici Trial Judgement, para. 568 (footnotes omitted).
391 - ICRC Commentary (GC IV), pp. 201-202.
392 - ICRC Commentary (GC IV), p. 207.
393 - ICRC Commentary (GC IV), p. 207; Celebici Trial Judgement, para. 570.
394 - Article 78 of Geneva Convention IV sets up a rule similar to Article 41 in situations of occupation:

If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.

Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.

Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention.

In occupied territories the internment of protected persons should be even more exceptional than it is inside the territory of the Parties to the conflict; for in the former case the question of nationality does not arise. There can be no question of taking collective measures: each case must be decided separately. Unlike Articles 41 and 42, Article 78(1) relates to people who have not been guilty of any infringement of the penal provisions enacted by the Occupying Power, but that Power may consider them dangerous to its security and is consequently entitled to restrict their freedom of action only within the frontiers of the occupied country itself. See ICRC Commentary (GC IV), pp. 367-368.
395 - ICRC Commentary (GC IV), p. 256. In that respect it differs from "being placed under surveillance" which was the idea referred to in the ICRC draft and is a form of supervision which allows the person concerned to remain in his usual place of residence.
396 - ICRC Commentary (GC IV), p. 256.
397 - ICRC Commentary (GC IV), p. 258.
398 - See also Celebici Trial Judgement, para. 577.
399 - Celebici Trial Judgement, para. 578.
400 - See also para. 7(1) of the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2067 (LXII) of 13 May 1977.
401 - ICRC Commentary (GC IV), p. 261.
402 - Celebici Trial Judgement, para. 583.
403 - Celebici Trial Judgement, para. 583.
404 - Korematsu v. United States of America, 584 F. Supp. 1406-1424 (N.D.Ca. 1984), hereinafter “1984 Korematsu case”.
405 - A writ of coram nobis is a remedy by which the court can correct errors in criminal convictions where other remedies are not available. As formulated by the District Court though, its decision “does not reach any errors of law suggested by petitioner. At common law, the writ of coram nobis was used to correct errors of fact it was not used to correct legal errors and this court has no power, nor does it attempt, to correct any such errors”. See 1984 Korematsu case, p. 1420.
406 - 1984 Korematsu case, p. 1420.
407 - 1984 Korematsu case, p. 1420.
408 - Established in 1980 by an act of the United States Congress, this Commission was directed to review, inter alia, directives of the United States military forces requiring the relocation and, in some cases, detention in internment camps of American citizens, including those of Japanese ancestry; and to recommend appropriate remedies. This resulted in an Act of Congress on the Restitution for World War II Internment of Japanese Americans and Aleuts (50 USCS Appx §§ 1989) recognising that “a grave injustice was done to both citizens and permanent resident aliens of Japanese ancestry by the evacuation, relocation and internment of civilians during World War II [which] were carried out without adequate security reasons and without any acts of espionage or sabotage [and] were motivated largely by racial prejudice, war time hysteria, and a failure of political leadership. … [F]or these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation”.
409 - 1984 Korematsu case, pp. 1416-1417.
410 - 1984 Korematsu case, p. 1420.
411 - 1984 Korematsu case, p. 1420.
412 - Celebici Appeal Judgement, para. 322.
413 - Prosecution Final Brief, Annex 5, para. 196.
414 - Kordic Pre-trial Brief, Attachment A, p. 12; Kordic Final Brief, p. 494.
415 - Cerkez Final Brief, pp. 105-108.
416 - The same approach was adopted by Control Council Law No. 10 (Article II, paragraph (c)) whereby “imprisonment” was included – but not defined - as a crime against humanity. See Official Gazette of the Control Council for Germany, No. 3, Berlin, 31 January 1946. Reprinted in Ferencz 488, 1 Friedman 908.
417 - 1996 ILC Report, p. 101.
418 - Ibid. Article 9, para. 1, of the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on 16 December 1996 (“ICCPR”) provides that: “No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law”.
419 - 1996 ILC Report, p. 101.
420 - According to Cherif Bassiouni, by adding the language “other severe deprivation of physical liberty”, Article 7(1)(e) of the ICC Statute has broadened the scope of meaning of “imprisonment” to include other conduct which under the previous formulations may have been outside the scope of “imprisonment”. See Cherif Bassiouni, Crimes Against Humanity in International Criminal Law, Second Revised Edition, Kluwer Law International, pp. 362-363.
421 - Celebici Appeal Judgement, para. 322. The Appeals Chamber set forth this definition in the context of a discussion of the offence of unlawful confinement under Article 2 of the Statute. See also discussion above.
422 - Prosecution Final Brief, Annex 5, para. 64.
423 - Prosecution Final Brief, Annex 5, para. 66.
424 - Prosecution Final Brief, Annex 5, para. 68.
425 - Prosecution Final Brief, Annex 5, para. 70.
426 - Prosecution Final Brief, Annex 5, para. 70.
427 - Kordic Pre-trial Brief, Vol. II, para. 57.
428 - Kordic Pre-trial Brief, Vol. II, para. 60.
429 - Kordic Pre-trial Brief, Vol. II, para. 61.
430 - Cerkez Final Brief, p.4.
431 - ICRC Commentary (GC IV), pp. 600–601.
432 - Blaskic Trial Judgement, para. 158 (emphasis added).
433 - Prosecution Pre-trial Brief, p. 48.
434 - Kordic Pre-trial Brief, para. 74.
435 - Prosecution Final Brief, Annex V, paras. 130 and 134.
436 - Prosecution Final Brief, Annex V, para. 97.
437 - Cerkez Final Brief, pp. 115-116.
438 - Blaskic Trial Judgement, para. 187.
439 - Blaskic Trial Judgement, para. 187.
440 - Blaskic Trial Judgement, para. 187.
441 - Indictment, paragraphs 40-41.
442 - Prosecution Pre-trial Brief, pp. 48-49.
443 - Prosecution Pre-trial Brief, p. 49.
444 - Kordic Pre-trial Brief, Vol. II, para. 77.
445 - Kordic Pre-trial Brief, Vol. II, para. 69.
446 - Art. 18, Geneva Convention IV.
447 - Additional Protocol I, Art. 51 (3).
448 - Blaskic Trial Judgement, para. 180.
449 - Indictment, paras. 55-56.
450 - Prosecution Final Brief, Annex 5, para. 44.
451 - Prosecution Final Brief, Annex 5, para. 45.
452 - Prosecution Final Brief, Annex 5, para. 46.
453 - Prosecution Final Brief, Annex 5, paras. 48-49.
454 - Prosecution Final Brief, Annex 5, para. 50.
455 - Kordic Pre-trial Brief, Vol. II, para. 54.
456 - Kordic Pre-trial Brief, Vol. II, para. 55.
457 - Kordic Pre-trial Brief, Vol. II, para. 55.
458 - Kordic Pre-trial Brief, Vol. II, para. 56.
459 - ICRC Commentary (GC IV), p. 601.
460 - See also Chapters III, V and VI of Geneva Convention I (protecting medical units, vehicles, aircraft, equipment and material) and Article 22 et seq. (protecting hospital ships) and Article 38 et seq. (protecting medical transports) of Geneva Convention II.
461 - See in relation to medical units and establishments, Articles 21 and 22 of Geneva Convention I; in relation to the material of mobile medical units, Article 33 of Geneva Convention I; in relation to medical transports, Article 36 of Geneva Convention I, and; in relation to military hospital ships, Articles 34 and 35 of Geneva Convention II.
462 - Article 53, Geneva Convention IV.
463 - ICRC Commentary (GC IV), p. 272.
464 - See Report of the Secretary-General, para. 41.
465 - See Hague Regulations Respecting the Laws and Customs of War on Land 1907, annexed to the 1907 Hague Convention IV Respecting the Laws and Customs of War (“Hague Regulations”).
466 - Blaskic Trial Judgement, para. 157.
467 - Prosecution Pre-trial Brief, p. 49.
468 - Kordic Pre-trial Brief, Vol. II, para. 80.
469 - Prosecution Final Brief, Annex 5, para. 79.
470 - Prosecution Final Brief, Annex 5, para. 80.
471 - Prosecution Final Brief, Annex 5, para. 81.
472 - Prosecution Final Brief, Annex 5, para. 82.
473 - Cerkez Final Brief, pp. 55-56.
474 - ICRC Commentary (GC IV), p. 615.
475 - Prosecution Pre-trial Brief, p. 50.
476 - Kordic Pre-trial Brief, Vol. II, paras. 84-85, citing the Celebici Trial Judgement, para. 1154.
477 - Kordic Pre-trial Brief, Vol. II, para. 84.
478 - See Hague Regulations, Article 46; the Charter of the International Military Tribunal 1945, Art. 6(b); The Trial of German Major War Criminals (Proceedings of the International Military Tribunal sitting at Nuremberg, Germany), Part 22, the IMT Judgement, p.457; U.S. v. Carl Krauch, Law Reports of Trials of War Criminals, vol. x, pp. 42-47, which considers the term “spoliation” to be synonymous with that of “plunder”.
479 - Celebici Trial Judgement, para. 591.
480 - Celebici Trial Judgement, para. 590.
481 - Celebici Trial Judgement, para. 1154.
482 - Celebici Trial Judgement.
483 - Blaskic Trial Judgement, para. 184.
484 - Jelisic Trial Judgement, para. 48.
485 - Prosecution Pre-trial Brief, Vol. II, p. 50.
486 - Kordic Pre-trial Brief, Vol. II, para. 86
487 - Kordic Pre-trial Brief, Vol. II, paras. 87-88, citing Hague Convention IV 1907, Article 27; Convention for the Protection of Cultural Property in the Event of Armed Conflict of 1954, Article 8 (hereinafter “Cultural Property Convention”).
488 - Kordic Pre-trial Brief, Vol. II, para. 90, citing the Cultural Property Convention, Article 4 and Additional Protocol I, Article 85(4)(d).
489 - In accordance with the law of treaties, a State which makes a declaration of succession is considered to have been a party to the relevant treaty as from its date of independence. See Celebici Appeal Judgement, para. 110.
490 - Protection of Artistic and Scientific Institutions and Historic Monuments, known as “Roerich Pact”, 15 April 1935, Art.1. Currently 11 American States are parties thereto.
491 - Blaskic Trial Judgement, para. 185.
492 - The terms “command responsibility” and “superior responsibility” are used interchangeably in this Judgement.
493 - Aleksovski Appeal Judgement, para 113.
494 - Celebici Trial Judgement, para. 334.
495 - Report of the Secretary-General, para 56.
496 - Celebici Appeal Judgement, para. 225.
497 - Celebici Appeal Judgement, para. 197, citing Celebici Trial Judgement, para. 377.
498 - See Celebici Trial Judgement para. 334: “As is most clearly evidenced in the case of military commanders by article 87 of Additional Protocol I, international law imposes an affirmative duty on superiors to prevent persons under their control from committing violations of international humanitarian law, and it is ultimately this duty that provides the basis for, and defines the contours of, the imputed criminal responsibility under Article 7 (3) of the Statute.”
499 - The Celebici Appeals Chamber held: “as the element of knowledge has to be proved in this type of cases, command responsibility is not a form of strict liability. A superior may only be held liable for the acts of his subordinates if it is shown that he “knew or had reasons to know” about them. The Appeals Chamber would not describe superior responsibility as a vicarious liability doctrine, insofar as vicarious liability may suggest a form of strict imputed liability.” Celebici Appeal Judgement, para. 239.
500 - Prosecution Final Brief, p. 149, and Prosecution Final Brief, Annex 4, pp. 22-24, referring to Blaskic Trial Judgement, paras. 337-339, and Celebici Trial Judgement, paras. 1222-1223. Reference is also made to ICTR jurisprudence.
501 - Prosecutor v. Karadzic and Mladic, Review of the Indictments Pursuant to Rule 61 of the Rules of Procedure and Evidence, Trial Chamber I, Case No. IT-95-5-R61/IT-95-18-R61, 11 July 1996, para. 83.
502 - Indictment, paras. 19 and 21. In relation to the heading of “initiating”, the Trial Chamber observes that it is not provided for in Article 7(1) and that in any event it would be covered by other forms of participation explicitly listed.
503 - Prosecution Final Brief, p. 149. It is further submitted that any additional responsibility under Article 7(3) increases the responsibility of the accused attracting “enhanced” punishment. The bulk of the Prosecution’s legal submissions in relation to Article 7 is presented in Annex 4 to its Final Brief.
504 - See discussion of the customary basis of the criminal heads set out in Article 7(1) by the Trial Chamber in Tadic Trial Judgement, paras. 663-669.
505 - See Report of the Secretary-General, para. 54. Tadic Appeal Judgement, para. 190.
506 - Tadic Appeal Judgement, para. 186.
507 - Prosecution Final Brief, Annex 4, p. 15. Individual perpetration is one of the forms of “commission”, co-perpetration within the context of a common design being the other one argued by the Prosecution.
508 - Kordic Final Brief, pp. 362-363. The Cerkez Defence incorporated by reference the relevant legal submissions of the Kordic Final Brief, see Cerkez Final Brief, p. 4. Unless otherwise noted, the arguments set out by the Kordic Defence also refer to the arguments of the Cerkez Defence.
509 - In relation to the requisite actus reus of “planning, instigating, ordering, committing or otherwise aiding and abetting in the execution of a crime”, the Prosecution avers that not only positive acts but also culpable omissions may give rise to individual responsibility. However, an individual will incur criminal liability for an omission only when the individual is under a duty to act. Prosecution Final Brief, Annex 4, pp. 3-4.
510 - Kordic Final Brief, p. 363.
511 - Tadic Appeal Judgement, para. 188.
512 - Prosecution Final Brief, Annex 4, pp. 6-7. In the Prosecution’s submissions, an accused may be held criminally responsible for planning a crime even if the person actually performing the actus reus of the crime in pursuance of the plan lack the corresponding mens rea (for instance where soldiers are ordered to destroy a religious building thinking that the object of the attack is a military arsenal). Moreover the responsibility for planning may cover results which, while not contained in the initial plan, can be seen as a natural and foreSeeable or predictable consequence of the execution of the crime (for instance the planning of forcibly removing inhabitants of a village and deporting them to a detention facility which results in the killing of several of them). Prosecution Final Brief, Annex 4, pp. 7-8.
513 - Prosecution Final Brief, Annex 4, p. 8.
514 - The Defence submits that three elements are required to establish “indirect liability” for planning, instigating and aiding and abetting under Article 7(1): (1) the accused intended to participate in an act that constitutes a crime under the Statute; (2) the accused actually participated with such intent, and (3) by that participation, the accused contributed directly and substantially to the commission of the crime. Kordic Final Brief, pp. 364-365.
515 - Kordic Final Brief, pp. 396-397.
516 - Prosecution Final Brief, Annex 4, p. 8, footnote 23. The Prosecution further asserts that even if an accused were held responsible only for “committing” a crime, his or her intervention in the planning stage would at least constitute a higher degree of culpability and therefore call for enhanced punishment.
517 - There is no requirement (as held in Akayesu) that the instigation be direct and public. An instigation to commit a crime can be express or implied. Prosecution Final Brief, Annex 4, p. 9, footnote 28.
518 - Where the crime is committed by more than one person, it is not necessary to prove that the accused instigated the conduct of all of them. It is also submitted that an accused may instigate a crime indirectly, i.e., through another person. Prosecution Final Brief, Annex 4, p. 9.
519 - Prosecution Final Brief, Annex 4, p. 10.
520 - Kordic Final Brief, pp. 373-375. The instigator should not be liable for the excesses of the principal. Conversely, if the perpetrator has committed less than the instigator believed he would, the instigator can be held responsible only for what was actually done.
521 - Prosecution Final Brief, Annex 4, p. 10. The Prosecution submits that the presence of a commander at the time of the commission of a crime by units under its command or immediately before may be received as evidence of responsibility under Article 7(1). His approving presence immediately after the commission is also a relevant indicator of his criminal responsibility in the commission of the crime. Prosecution Final Brief, Annex 4, p. 14.
522 - Even if the crime committed was not the actual purpose of the order, an accused may be held liable for issuing it if he is aware of the substantial likelihood that a crime will be committed as a result of the execution of the order, Prosecution Final Brief, Annex 4, pp. 12-13.
523 - The Prosecution refers to elements listed by the United Nations Commission of Experts which may be used to ascertain the existence of an order. Prosecution Final Brief, Annex 4, pp. 10-15.
524 - In the Kordic Defence submission, this element renders “ordering” different from “instigating”. Kordic Final Brief, pp. 365-366.
525 - Kordic Final Brief, p. 365, footnote 2135.
526 - Kordic Final Brief, pp. 365-366.
527 - Tadic Trial Judgement, para. 692. The Trial Chamber held that the requisite intent may be inferred from circumstantial evidence, para. 676. The Tadic findings were endorsed by the Celebici Trial Judgement, para. 326.
528 - Blaskic Trial Judgement, para. 279.
529 - Blaskic Trial Judgement, para. 279.
530 - Blaskic Trial Judgement, para. 278.
531 - Blaskic Trial Judgement, para. 280, endorsing Akayesu Trial Judgement, para. 482.
532 - Blaskic Trial Judgement, para. 280.
533 - The Trial Chamber disagrees with the Blaskic and Akayesu Trial Chambers in this respect. See Blaskic Trial Judgement, para. 281, citing Akayesu Trial Judgement, para. 483.
534 - Blaskic Trial Judgement, para. 281.
535 - Blaskic Trial Judgement, para. 282.
536 - Aiding and abetting and participation in a common purpose are addressed in the same section in light of the Tadic Appeal Judgement which, in setting out the elements of the latter, compared it to aiding and abetting.
537 - Prosecution Final Brief, Annex 4, p. 18.
538 - Prosecution Final Brief, Annex 4, pp.17-21.
539 - However, the contribution need not constitute a conditio sine qua non for the commission of the offence by the principal. The fact that the same assistance could have been obtained from another person does not affect the culpability of the aider and abettor (Furundzija Trial Judgement, paras. 232-235). Prosecution Final Brief, Annex 4, p. 18.
540 - Assistance may be agreed upon after the crime is committed. Any form of assistance that aims at ensuring impunity or profit to the perpetrator(s) amounts to aiding and abetting. Prosecution Final Brief, Annex 4, pp. 18-19.
541 - Prosecution Final Brief, Annex 4, p. 19.
542 - After the commission of the crime, the approving presence of the accused coupled with failure to punish may be understood as providing moral support to the perpetrators and ensuring their impunity, which amounts to aiding and abetting. Prosecution Final Brief, Annex 4, p. 20.
543 - Kordic Final Brief, pp. 390-396. The Cerkez Defence submits that aiding and abetting include all acts of assistance by words or acts of encouragement or support which have a direct and substantial effect on the commission of the crime (before, during or after), with the requisite intent. Mere presence at the scene of the crime is not sufficient if it is an ignorant or unwilling presence (based on Tadic Trial Judgement, paras. 689 and 692). An accused cannot be held responsible for encouraging an individual who has already decided to commit a crime. Cerkez Final Brief, p. 86.
544 - The Defence further relies on the Furundzija Trial Judgement which held that “the actus reus of aiding and abetting in international criminal law requires practical assistance, encouragement, or moral support which has a substantial effect on the perpetration of the crime” (Furundzija Trial Judgement, para. 235). Kordic Final Brief, pp. 391-392.
545 - The accused must have intentionally assisted another in the commission of the specific offence; he was aware that a principal intended to commit a specific crime; he must have known that his assistance would contribute to the commission of the specific crime in some significant way; and he deliberately decided to assist the principal in commission of the specific crime in order to promote or facilitate such commission. Kordic Final Brief, pp. 394.
546 - Reference was made to the Aleksovski Appeal Judgement in support of its argument. It is finally submitted that accomplices are only liable to the limits of their own intent, regardless of the guilt of the principal. On the other hand, if the perpetrator has committed less than the accomplice believed, he would be held responsible only for what was actually done. Kordic Final Brief, pp. 395-396.
547 - Prosecution Final Brief, Annex 4, pp. 15-17.
548 - Kordic Final Brief, pp. 397-398. The Defence goes on to refer to the elements of common purpose as set out in the Tadic Appeal Judgement.
549 - Tadic Appeal Judgement, para. 185.
550 - Tadic Appeal Judgement, paras. 187-193. See also, para. 220: “In sum, the Appeals Chamber holds the view that the notion of common design as a form of accomplice liability is firmly established in customary international law and in addition is upheld, albeit implicitly, in the Statute of the International Tribunal.”
551 - Tadic Appeal Judgement, para. 204. Another example mentioned by the Appeals Chamber in this regard is that of “a common plan to forcibly evict civilians belonging to a particular ethnic group by burning their houses”, para. 204. See paras. 205-219 for a discussion of this category of cases.
552 - Tadic Appeal Judgement, para. 206.
553 - Tadic Appeal Judgement, para. 227. The Appeals Chamber relied on this finding in the Furundzija Appeal Judgement, para. 119.
554 - Tadic Appeal Judgement, para. 228.
555 - Tadic Appeal Judgement, para. 229.
556 - Aleksovski Appeal Judgement, paras. 163-164. The findings of the Furundzija Trial Chamber, which conducted an extensive analysis of the actus reus and mens rea required to prove a charge of aiding and abetting, are essentially consistent with the Tadic Appeals Chamber’s findings in this regard. See Furundzija Trial Judgement, paras. 190-249.
557 - See Celebici Trial Judgement, para. 346, and Blaskic Trial Judgement, para. 294. Prosecution Final Brief, Annex 4, p. 22. Kordic Final Brief, p. 261.
558 - Prosecution Final Brief, Annex 4, pp. 24-27.
559 - Prosecution Final Brief, Annex 4, p. 24, quoting Celebici Trial Judgement, para. 363. Further reference is made to ICTR jurisprudence.
560 - It is submitted that a commander may incur criminal responsibility for crimes committed by persons who are not formally his direct subordinates, insofar as he exercises effective control over them. Prosecution Final Brief, Annex 4, p. 25.
561 - The Prosecution submits that a commander need not have any legal authority to prevent or punish. Prosecution Final Brief, Annex 4, p. 26.
562 - The Defence relies on the Celebici Trial Judgement in support of its position in relation to civilians. Kordic Final Brief, p. 261. It rejects the conclusions of the Aleksovski and Blaskic Trial Chambers to the extent they intend to apply the doctrine of superior responsibility to civilians who do not exercise the equivalent of military control. Kordic Final Brief, p. 263.
563 - The Defence discusses the differences between the military chain of command and civilian/political authority to support the proposition that civilian commanders must exercise a degree of control equivalent to that of a military commander to be found liable. Kordic Final Brief, pp. 263-265. It is further submitted that the Second World War case-law and the ICTR jurisprudence either do not support a relaxation of the requirements in relation to the superior responsibility of civilians, or that their context fundamentally differs from that of the present case. Kordic Final Brief, pp. 265-272. See also Cerkez Final Brief, pp. 82-83.
564 - Celebici Appeal Judgement, para. 192.
565 - Celebici Appeal Judgement, para. 193.
566 - Celebici Appeal Judgement, paras. 194-95.
567 - Celebici Appeal Judgement, para. 197 (footnotes omitted).
568 - Celebici Appeal Judgement, para. 198.
569 - See para. 736, Celebici Trial Judgement, endorsed by the Celebici Appeal Judgement, paras. 194-95.
570 - Celebici Appeal Judgement, para. 196. The Appeals Chamber referred to Article 28 of the ICC Statute which “reaffirmed” the standard of effective control.
571 - Celebici Appeal Judgement, para. 256; See also Celebici Trial Judgement, paras. 378 and 395, and Blaskic Trial Judgement, para. 302 (referred to in Celebici Appeal Judgement, para. 190).
572 - Thus, “If “command” implies formal appointment, “control” is less restrictive as to the source from where it originates.” Celebici Appeal Judgement, para. 196.
573 - Celebici Appeal Judgement, para. 196. See also Celebici Trial Judgement’s analysis of Second World War cases in support of this finding, paras. 355-363.
574 - Celebici Trial Judgement, para. 647. The Trial Chamber went on to state in the same paragraph that “actual control of the subordinate is a necessary requirement of the superior-subordinate relationship.”
575 - Celebici Trial Judgement, para 354, quoted in the Celebici Appeal Judgement, para. 254.
576 - Celebici Appeal Judgement, para. 254.
577 - Celebici Trial Judgement, para. 371; Celebici Appeal Judgement, para. 250.
578 - ICRC Commentary (Additional Protocol I), para. 3544 (footnotes omitted).
579 - ICRC Commentary (Additional Protocol I), paras. 3554-3555: “Troops usually assigned to a commander which are assigned to another command for special purposes will be considered to be under the responsibility of the special commander. However, if the original commander retains control over them, he could also incur responsibility.” (footnotes omitted).
580 - Celebici Appeal Judgement, para. 258.
581 - Celebici Appeal Judgement, para. 266 (emphasis in original).
582 - The Appeals Chamber referred to a number of cases in the course of its analysis of the Prosecution’s argument on “substantial influence”. Celebici Appeal Judgement, paras. 258- 66.
583 - The Trial Chamber found that Delalic merely provided logistical support: he was a “well-placed influential individual, clearly involved in the local effort to contribute to the defence of the Bosnian State. This effort and the recognition which accompanied it did not create a relationship of superior and subordinate between him and those who interacted with him.” Celebici Trial Judgement, para. 658. See also Celebici Appeal Judgement, paras. 267-68.
584 - Celebici Trial Judgement, para. 377.
585 - Celebici Appeal Judgement, para. 197.
586 - ICRC Commentary (Additional Protocol I), para. 3553 under Article 87.
587 - See Celebici Trial Judgement, para. 672.
588 - Ministries case (USA v. Von Weizsaecker), 14 Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No.10 (1952), p. 693.
589 - Review of the Indictments Pursuant to Rule 61 of the Rules of Procedure and Evidence, Trial Chamber I, Case No. IT-95-5-R61/IT-95-18-R61, 11 July 1996, paras. 65-66.
590 - Ibid., para. 71.
591 - Review of Indictment Pursuant to Rule 61 of the Rules of Procedure and Evidence, Trial Chamber I, Case No. IT-94-2-R61, 20 Oct. 1995, para. 24. The Trial Chamber appears to have endorsed the witnesses’ evidence in this regard: “The witnesses based their conclusions upon an analysis of the distribution of tasks within the camp. The guards were subjugated to Dragan Nikolic’s orders; nothing, apparently, could be carried out without his consent.”
592 - Prosecution Final Brief, Annex 4, p. 28 (para. 81). Kordic Final Brief, pp. 273 - 275.
593 - The Prosecution also refers to the elements set forth in the Commission of Experts Report as relevant factors which may be used to determine whether a superior “knew”. Prosecution Final Brief, Annex 4, p. 28, (para. 83).
594 - Kordic Final Brief, pp. 272-274. According to the Defence, a contrary approach would effectively impose strict liability on commanders for all widespread or notorious violations by their subordinates, regardless of the commander’s degree of personal guilt.
595 - Celebici Trial Judgement, para. 386: “in the absence of direct evidence of the superior’s knowledge of the offences committed by his subordinates, such knowledge cannot be presumed, but must be established by way of circumstantial evidence.”
596 - Commission of Experts Report, para. 58; referred to in Prosecution Final Brief, Annex 4, p. 28 (para. 82); Celebici Trial Judgement, para. 386; Blaskic Trial Judgement, para. 307.
597 - Prosecution Final Brief, Annex 4, p. 29.
598 - Prosecution Final Brief, Annex 4, p. 30.
599 - Prosecution Final Brief, Annex 4, pp. 28-33.
600 - Kordic Final Brief, pp. 261, and 274-277.
601 - The Kordic Defence endorses a strict interpretation of the Celebici standard. The Defence finds further support for its position in the ICTR jurisprudence; Kordic Final Brief, pp. 275-276.
602 - Kordic Final Brief, pp. 274-277.
603 - Celebici Appeal Judgement, paras. 238-40.
604 - Celebici Appeal Judgement, paras. 228-37.
605 - Celebici Appeal Judgement, para. 230.
606 - Article 86 is entitled “Failure to act”.
607 - Celebici Appeal Judgement, para. 236 (emphasis added) quoting Celebici Trial Judgement, para. 393.
608 - Celebici Appeal Judgement, para. 232.
609 - Celebici Appeal Judgement, para. 240.
610 - Celebici Appeal Judgement, para. 241 referring to Celebici Trial Judgement, para 383.
611 - Celebici Appeal Judgement, paras. 238-39 (footnote omitted).
612 - It is submitted that this obligation rests with military commanders at all levels in the chain of command. Prosecution Final Brief, Annex 4, p. 34.
613 - This obligation includes the obligation to take measures to prevent the recurrence of similar crimes in the future. For instance, the perpetrators of an offence should not be sent back in action without having been properly briefed, punished or disciplined, or without proper supervision. Prosecution Final Brief, Annex 4, p. 35 (para.106).
614 - This obligation requires that the individual criminal liability of alleged perpetrators be determined by a competent judicial organ. The commander is responsible for taking the necessary steps to ensure that the alleged crimes are reported to, and investigated by, the competent authorities. Prosecution Final Brief, Annex 4, p. 35 (para. 107).
615 - The Prosecution is of the view that “reasonable measures” in Article 7(3) has the same meaning as “feasible measures” in Article 86(2) of Additional Protocol I. Prosecution Final Brief, Annex 4, p. 36, (paras. 109-110). A commander is required to take reasonable measures that are within his powers. Prosecution Final Brief, Annex 4, p. 27 (paras. 76–78).
616 - Prosecution Final Brief, Annex 4, p 36 (para. 111).
617 - Kordic Final Brief, p. 278. The Defence finds support for its last argument in para. 399 of the Celebici Trial Judgement. See also Cerkez Final Brief, pp. 88-89.
618 - Article 87(3) of Additional Protocol I (emphasis added).
619 - Celebici Appeal Judgement, para. 195.
620 - ICRC Commentary (Additional Protocol I), para. 3560.
621 - Celebici Trial Judgement, para. 395 (footnotes omitted; emphasis added). The ILC’s position as referred to by the Trial Chamber in footnote 425 of its Judgement provides: “for the superior to incur responsibility, he must have had the legal competence to take measures to prevent or repress the crime and the material possibility to take such measures. Thus, a superior would not incur criminal responsibility for failing to perform an act which was impossible to perform in either respect.”
622 - Blaskic Trial Judgement, para. 336.
623 - Military commanders will only usually have the power to start an investigation. ICRC Commentary (Additional Protocol I) para. 3562.
624 - Celebici Trial Judgement, para. 398 (footnote omitted; emphasis added); See also paras. 399-400. The Kordic Defence when relying on para. 399 of the Celebici Trial Judgement in support of its argument appears to have overlooked the following paragraph of the Trial Chamber’s discussion which adopts a different conclusion.
625 - The Defence, for instance, argues that the conflict in Central Bosnia was a “defensive struggle by a minority community [...] to protect its members’ legitimate political interests and their communities and way of life in the chaos of the new RBiH”, Kordic Final Brief, p. 1; that the Bosnian Croats “fought a war of self-defence”, Kordic Final Brief, p. 5; that in April 1993 the HVO was “on the strategic defensive”, Kordic Final Brief p. 120.
626 - Statement of Expert Witness Robert J. Donia Pursuant to Rule 94 bis (A), Submission of Expert Report, 14 April 1999, pp. 21-22, Ex. Z1677.1, plus corrigendum Ex. 1677.1a.
627 - Ex. Z1677.1, p. 22.
628 - Ex. Z1677.1, p. 22.
629 - Submission of Expert Statement of Dr. John B. Allcock under Rule 94 bis, 25 June 1999, Ex. Z1668.
630 - Ex. Z1668, p. 45, para. 13.
631 - Ex. Z1668, p. 46.
632 - Ex. Z1668, pp. 46-47.
633 - Ex. Z1668, p. 47.
634 - Ex. Z1668, p. 48.
635 - Ex. Z1677.1, pp. 22-23.
636 - Dr. Allcock, T. 5183-84.
637 - Ex. Z1677.1, p. 23.
638 - Ex. Z1677.1, p. 25.
639 - Ex. Z1677.1, pp. 23-24.
640 - Ex. Z1668, p. 63, para. 6.
641 - Ex. Z1668, pp. 59-61 and Allcock, T. 5184-85.
642 - Ex. Z1668, p. 69, para. 1.
643 - Ex. Z1677.1, p. 4.
644 - Ex. Z1677.1, p. 6.
645 - Ex. Z1668, p 74.
646 - Ex. Z1677.1, p. 26.
647 - Ex. Z1677.1, p. 26.
648 - Ex. Z1677.1, pp. 26-27.
649 - Ex. Z1677.1, pp. 30-31.
650 - Ex. Z1677.1, p. 31.
651 - Ex. Z1677.1, p. 31-32.
652 - Ex. Z1677.1, p. 27.
653 - Ex. Z1677.1, pp. 27-28.
654 - Ex. Z1677.1, p. 29.
655 - Ex. Z1677.1, p. 30.
656 - Fuad Zeco, T. 6499.
657 - Witness J, T. 4491-92.
658 - Dragutin Cicak, T. 1183-84.
659 - Nasiha Neslanovic, T. 11301.
660 - Minutes of meeting, Ex. Z8.
661 - Decision, Ex. Z14.
662 - Dr. Mujezinovic, T. 2253-56; Witness G, T. 3955; Fuad Zeco, T. 6579-80; Witness S, T. 7956-57; Witness K, T. 6785-86. In a conversation with the Prosecutor (after he had given evidence) Dr. Mujezinovic said that Mario Cerkez was a good person before the conflict but had not used his brains, had been led by others and did what he was told. (Prosecutor’s Memorandum, 19 May 1999.)
663 - See e.g., Slavko Jukic, T. 23155; Zdenko Rajic, T. 24073-74; Ivica Miskovic, T. 28133-37.
664 - Col. Stewart, T. 12462.
665 - Ex. Z1199.4.
666 - A list of the dramatis personae is to be found in Annex II.
667 - Mr. Stjepan Kljuic, T. 5257-60.
668 - Ibid., 5289-90, 5311-18.
669 - Ibid., 5257-62.
670 - Minutes, Ex. Z10.
671 - Instructions, Ex. Z13.
672 - Minutes, Ex. Z16.
673 - Minutes, Ex. Z22.
674 - Decision, Ex. Z27. See Annex VI 2 for the territory of the HZ H-B.
675 - Ex. Z2717, p. 12.
676 - Minutes, Ex. Z2717, especially pp. 10 and 43.
677 - Ex. Z2698.
678 - Transcript of speeches, Ex. Z2699.
679 - Ex. Z42.
680 - Zlatan Civcija, T. 18993.
681 - Niko Grubesic, T. 19315-16.
682 - Witness DE, T. 19506-07.
683 - Witness A, T. 254-257: the witness, in cross-examination, accepted that Kordic, as Secretary for Defence in the municipality, had an official pistol; T. 675-677.
684 - The above account is summarised from the evidence of Ismet Sahinovic, Chairman of the union in the factory, T. 985-995 and Ex. Z47.1 (Bulletin of the BNT Factory, 26. Feb. 1992).
685 - Transcript of video recording of programme: Ex. Z53a.
686 - T. 1004-09; Ex. Z53.1.
687 - Ex. Z58.
688 - Witness L, T. 6841-42.
689 - Witness R, T. 7846-50.
690 - Minutes, Ex. Z61. The Prosecution points to this proposal as an example of the ambition of the local HDZ: Prosecution Final Brief, para. 38.
691 - Ex. Z62.
692 - Articles, Ex. Z59.1, Z59.2, Z60.1, Z63, Z64.1; Kordic’s response, Ex. Z52.
693 - T. 1310.
694 - T. 1320-21.
695 - T. 1322.
696 - Ex. Z66 and Z64.3, respectively.
697 - The Kordic Defence attempted to discredit the evidence of Mr. Cicak by calling evidence of Zoran Maric (T. 20181) and Dr. Pavlovic, a specialist in occupational medicine; T. 21641-46, and producing medical opinions dated April 1984 (Ex. D281/1, D282/1) to show that he was discharged from work in 1984 suffering from mental illness; Kordic Final Brief, Annex H. The Trial Chamber does not consider that any weight can be given to evidence of illness 15 years before the witness appeared before the Trial Chamber, in particular in the absence of up-to-date expert psychiatric evidence in support.
698 - The Prosecution Final Brief (para. 31) refers to Kordic’s acquisition of power being built upon a plan, backed by others and executed by whatever means were available.
699 - Ex. Z68.
700 - Ex. Z69.
701 - Ex. Z70.1.
702 - Ex. Z70.
703 - Official Gazette: Ex. D17/1.2.
704 - Ex. Z216.
705 - Prosecution Pre-trial Brief, paras. 69-77.
706 - Kordic Final Brief, Annex A, pp. 24-35.
707 - Zoran Buntic, T. 21082-83.
708 - Zoran Perkovic, T. 20593.
709 - Zoran Perkovic, T. 20534-35.
710 - Zoran Buntic, T. 21088.
711 - Witness DJ, T. 20325-27.
712 - Major-Gen. Filip Filipovic, T. 17005.
713 - Zoran Perkovic, T. 20526-27, 20530-31; Witness DE, T. 19486-87.
714 - Zoran Perkovic, T. 20561-62.
715 - Major-Gen. Filip Filipovic, T. 17007; Major Darko Gelic, T. 17572.
716 - Major Franjo Ljubas, T. 18834-35.
717 - Indictment, para. 28.
718 - Ibid., paras. 29-34.
719 - Ibid., para. 35.
720 - Witness B, in cross-examination, T. 548.
721 - Census, Ex. Z571.2. The total population was 18,849 of whom 48 per cent were Croat and 45 per cent Muslim. The population of the town of Busovaca was over 4,000 of whom about half were Muslims. The villages in the municipality of Busovaca which are relevant to the Indictment are Merdani, Ocehnici, Putis and Loncari: see Annex VI 4.
722 - General Dzemal Merdan, T. 12714.
723 - Witness J’s evidence, T. 4490-91.
724 - Z. Maric, T. 20043; N. Grubesic, T. 19318; Brig.-Gen. Merdan, T. 12714; Witness A, T. 679-680, (testifying that there was no such agreement but agrees that Draga was taken over by Croats and Kacuni by Muslims).
725 - Major-Gen. F. Filipovic, T. 17160; Z. Maric, T. 20186.
726 - Z. Maric, T. 20043.
727 - N. Grubesic, T. 19318.
728 - Z. Maric, T. 20043 and 20044-45; N. Grubesic, T. 19318; Witness O, T. 7142 and 7186-87.
729 - Z. Maric, T. 20047-48 and 20187-88; See Major-Gen. F. Filipovic, T. 17088. The Defence contends that the two Kordic defence witnesses with direct knowledge of the events confirm this. Likewise, the only prosecution witness with personal knowledge of the Kaonik weapons agreement confirms that, although the agreement was reached on the local Busovaca level, General Merdan led about 100 people who suddenly appeared at Kaonik, resulting in an incident in which two people were wounded: Kordic Final Brief, p. 145.
730 - Z. Maric, T. 20187-88.
731 - Ex. Z100.
732 - Ex. Z101.2. In cross-examination it was put that Kordic only heard of the witness’s arrest from a delegation: the witness said that this was not so: T. 12860-61.
733 - Z. Maric, T. 20049-50.
734 - Kordic Final Brief, p. 146. The Defence says that the evidence for this is that the title of ‘HVO Vice-President’ (under Kordic’s signature) did not exist at the time: Ex. D182/1, Tabs 18 and 19, appointments of the first HVO Vice-Presidents: Z. Buntic, T. 21024; N. Grubesic, T. 19412.
735 - N. Grubesic, T. 19414; Kordic Final Brief, p. 146.
736 - Z. Maric, T. 20052 and 20191.
737 - Brig.-Gen. D. Merdan, T. 12715.
738 - Z. Maric, T. 20191; but cf. Brig-Gen. D. Merdan, T. 12860-62 (the Defence relies on the fact that Gen. Merdan is the only witness who claims – and his testimony is hearsay – that Mr. Kordic was involved in, first, not allowing and then agreeing to Merdan’s release: Kordic Final Brief, p. 147.
739 - Ex. Z111.
740 - Witness A, T. 322, 328-29; Witness O, T. 7144-46; Ex. Z111.
741 - Witness O, T. 7142.
742 - Witness M, T. 6938-45.
743 - Report of meeting between the Council and Busovaca HVO (including Kordic) on 25 June 1993: Ex. D223/1. However, the Defence points out that the same report declares that there would be autonomy of TO formations within the HVO and that the TO military police would police entirely Muslim villages.
744 - Witness O, T. 7144.
745 - Witness A, T. 329.
746 - Witness B, T. 445. Dragutin Cicak said that at meetings of the core leadership of HDZ Busovaca the Croatian flag would be flown, the Croatian anthem sung and a salute would be given that was common during the days of the Croatian Independent State: T. 1334-35.
747 - Witness A, T. 331-32. Witness J, T. 4500-01: Witness J, who had lived in Busovaca for 41 years prior to the fighting, said the Muslims held a peaceful demonstration but the HVO surrounded them and shot in the air, causing the demonstrators to disperse in fear. After this, the HVO exercised tighter control over gatherings of Muslims.
748 - T. 1370-71.
749 - T. 1207-12.
750 - T. 4490-94, 4496, 4500. In cross-examination he said that he had no direct knowledge of Kordic’s involvement but that “everything was under his supervision”: T. 4590-91.
751 - Transcript of interview, Ex. Z117, p. 2.
752 - Witness M, T. 6955-57.
753 - N. Grubesic, T. 19417.
754 - The Defence relies on Ex. D223/1, minutes of the 25 June 1992 Muslim National Council and HVO meeting emphasising the autonomy of TO.
755 - N. Grubesic, T. 19445; T. 19331-32; Ex. D223/1, minutes of the 25 June 1992 Muslim National Council and HVO meeting reflecting the agreement that, although the supreme command in Busovaca would be HVO, the TO would continue to police Muslim villages.
756 - N. Grubesic, T. 19421, 19326; Z. Maric, T. 20058-59.
757 - N. Grubesic, T. 19421, 19327; Z. Maric, T. 20059, 20194; Witness DE, T. 19493-94, 19543; Witness M, T. 7006-07; (Witness O states the opposite, T. 7195-96.)
758 - Z. Buntic, T. 21050; Major S. Ceko, T. 23450.
759 - Witness DE, T. 19485-86, 19564; Z. Maric, T. 20270. The Defence states in its final brief: “Busovaca’s municipal employees, too, described how they did not receive any help from the central government and “were simply left to their own devices” without expectation of “assistance from anywhere”. With the lack of clear regulations or instructions, and while “some people knew how to organise authority, and some didn’t”, “the conditions were practically impossible … and precluded any kind of normal work”: Kordic Final Brief, p. 152.
760 - Zoran Maric, T. 20086-87.
761 - Witness DH, T. 19750. The credibility of this witness is very much in question. He gave evidence that his son was a member of the HVO; and he asked his son what it was like; “Who gives you orders? … Does Mr. Kordic come to See you? Does Mr. Kordic give you orders?”; T. 19770. Asked in cross-examination why he asked his son this question about Kordic (in particular) he could give no reply; T. 19772. The answer must be that he had simply come to help the accused out and was not telling the truth.
762 - Zoran Bilic, T. 19954-55.
763 - Census, Ex. Z571.2. According to the Census the total population was 30,713. See Annex VI 3.
764 - Witness C, T. 616-17; Witness P, T. 7253-54.
765 - Witness C, T. 614-15.
766 - This account is based on the evidence given by Witness C, T. 785-86 and 789-90.
767 - T. 7259-60. The Defence points out that this evidence was uncorroborated double hearsay (Kordic Final Brief, p. 131) and the witness, in his prior statement, made no mention of his having personally spoken to these soldiers, T. 7305-06. The Defence also relies on the testimony of the local HVO military commander, Ivica Markovic, that Mr. Kordic was not in Novi Travnik during the fighting, that he played no part in the fighting and that no forces from outside the municipality were involved, T. 23971.
768 - Z. Civcija (the Chief of Police in Novi Travnik until joining the HVO in September 1993), T. 18965, 18949-50, 18966.
769 - Kordic Final Brief, pp. 128-29.
770 - Z. Civcija, T. 18967; Ex. D219/1.
771 - Z. Civcija, T. 18968; see also Witness P, T. 7300 (the Muslim government was formed in August or early September).
772 - Z. Civcija, T. 18989.
773 - Z. Civcija, T. 18991-92.
774 - Affidavit of Jozo Sekic, para. 10.
775 - Witness CW1, T. 26808-09; Z. Civcija, T. 18970; Ex. D155/1, Milinfosum.
776 - Z. Civcija, T. 18970-71, 18986-87.
777 - Census, Ex. Z571.2. According to the Census, the total population was 22,203; See Annex VI 7.
778 - Witness W, T. 10896-97. Around 10 June 1992, Ekrem Mahmutovic, Commander of the local TO, heard of an order from Malbasic to the military police and the special forces to take over the important installations in the town. (He later saw this order after it was seized during the ABiH take-over of Vares on 4 Nov. 1993.) When he came back on 1 July 1992 the HVO had taken control of Vares: T. 3258-64.
779 - Ekrem Mahmutovic, T. 3265.
780 - Ekrem Mahmutovic, T. 3266.
781 - Ex. Z223. Ekrem Mahmutovic said that he had seen the order for the HVO take-over (signed by Dario Kordic) in November 1993 in the municipal archives in Vares: T. 3269-71. In cross-examination he was referred to a statement he had made to the Prosecution in December 1998 in which he said that he had never seen the order (Ex. D31/1, p. 5). The witness said that this was an error of translation: T. 3325-26.
782 - Pavao Vidovic, T. 22078-81.
783 - Pavao Vidovic, T. 22085-86.
784 - Pavao Vidovic, T. 22081-82.
785 - Miroslav Pejcinovic, Defence Transcript Witness TWO1; Blaskic, T. 15071.
786 - Census, Ex. Z571.2. According to the Census the total population was 24,164. The villages in the muncipality which are relevant to the Indictment are Rotilj, Visnjica, Svinjarevo, Gomionica, Polje Visnjica, Tulica, Han Ploca-Grahovci: see Annex VI 5.
787 - Ex. Z81.
788 - Ex. Z83.
789 - Ex. Z91.
790 - T. 1970-73.
791 - T. 1978-79.
792 - Witness D, T. 1978-80; Ex. Z114.
793 - Ex. Z141.
794 - Witness D, T. 1984, 2014.
795 - Census, Ex. Z571.2. According to the Census the total population was 27,589.
796 - See Annex VI 4.
797 - The above account is based on evidence given by Zvonimir Bekavac; T. 24716-19, 24723-24. After the Washington Accords only Vitezit remained; ibid.
798 - Witness L, T. 6843-44, 6881-82: the witness said that acts committed against Muslims were blamed on extremists such as the HOS. The HVO would say they had no control over the HOS. Dr. Muhamed Mujezinovic said that Anto Valenta said at a meeting of the Crisis Staff in April 1992 that Muslims and other non-Croats in Vitez must place themselves under the control of the HVO, because the HVO at that time was 90 per cent armed: T. 2123.
799 - Dr. Muhamed Mujezinovic, T. 2136-37.
800 - Dr. Muhamed Mujezinovic, T. 2172-73. According to Witness AP tensions were rising in 1992 and every time Dario Kordic came to Vitez the tensions grew worse: T. 15882.
801 - Dr. M. Mujezinovic, T. 2136-37.
802 - Dr. M. Mujezinovic, T. 2139.
803 - Dr. M. Mujezinovic, T. 2136-37; Witness K, T. 6843-44.
804 - M. Kajmovic, T. 3797; see also Witness L, T. 6885.
805 - F. Zeco, T. 6507-08.
806 - F. Zeco, T. 6557-58.
807 - See, e.g., S. Kalco, T. 16064; J. Silic, T. 25486.
808 - Census, Ex. Z571.2. According to the Census the total population was 6,731. See Annex VI 5.
809 - Witness E, T. 2475-79.
810 - Witness E, T. 2479. However, when some school children spontaneously raised a BiH flag in public, the TO were ordered by the HVO to remove the flag: Witness E, T. 2481.
811 - Witness E, T. 2481-82.
812 - Witness E, T. 2482-87.
813 - Census, Ex. 571.2. According to the Census the total population was 22,966.
814 - Witness F, T. 3489.
815 - Witness AH, T. 14450-51.
816 - Witness F. T. 3424-25.
817 - The prosecution case was that the persecution took a number of forms which included promoting ethnic hatred and distrust by means of propaganda and removal of Bosnian Muslims from public positions. The Trial Chamber has already ruled that, in the circumstances of this case, these acts do not amount to persecution and, accordingly, the evidence relating to these matters is not discussed.
818 - Witness J, T. 4500-01.
819 - Nasiha Neslanovic, T. 11242. Other evidence of mistreatment in Busovaca, T. 11248; Witness T, T. 9471-74.
820 - Witness B, T. 464-466, 469-470.
821 - Witness A, T. 729.
822 - Witness D, T. 2054-55.
823 - Witness AN, T. 15640.
824 - Witness Y, T. 11003.
825 - Edib Zlotrg, T. 1580-90, 1606-15; Sulejman Kalco, T. 15941-44.
826 - Nihad Rebihic, T. 8339.
827 - Witness AP, T. 15903.
828 - Nihad Rebihic, T. 8402.
829 - Witness AC, T. 12575.
830 - Edib Zlotrg, T. 1615-19. Notes: Ex. Z332.1, Z332.2.
831 - Witness C, T. 797-798.
832 - Witness Q, T. 7679-81.
833 - Ex. Z1963.1, Z1963.12 are reports of expulsions and harassment in the lower part of the town which was under HVO control.
834 - Witness P, T. 7274.
835 - Srecko Vucina, T. 20745-47; Affidavits of Perica Jukic, paras. 12-15 and Jure Pelivan, para. 26.
836 - Pavao Vidovic, T. 22075. The HZ H-B put a special effort into creating and organising a military justice system: war crimes were made expressly illegal and a pamphlet concerning war crimes was distributed to HVO troops. Furthermore, the HR H-B adopted all legal framework agreements on human rights and signed UN rules and regulations on these issues: Z. Perkovic, T. 22075, 220583; Ex. D276/1, tab 1; Witness DK, T. 20918.
837 - Dominik Sakic, T. 22468; Major Darko Gelic, T. 17579-80.
838 - Brigadier Zivko Totic, T. 18019.
839 - Major Darko Gelic, T. 17579-80.
840 - Anto Puljic, T. 22648; Major Franjo Ljubas, T. 18866-87.
841 - Major Franjo Ljubas, T. 18842-43.
842 - Major Franjo Ljubas, T. 18844-45.
843 - Fr. Stjepan Neimarevic, T. 21992-93.
844 - Major Franjo Ljubas, T. 18845; Fr. Stjepan Neimarevic, T. 21988-91.
845 - Major Franjo Ljubas, T. 18905.
846 - Ivo Mrso, T. 22412-14.
847 - Ivo Mrso, T. 22412-15.
848 - Ivo Mrso, T. 22414.
849 - Ivo Mrso, T. 22430.
850 - Major-Gen. Filip Filipovic, T. 17027-30. Brig. Nakic gave evidence to the same effect, T. 17330-31.
851 - Prosecution Final Brief, paras. 166-167.
852 - Ex. Z173.
853 - Minutes, Ex. Z188.1.
854 - T. 19238-40.
855 - Order, Ex. Z191.1.
856 - Nasiha Neslanovic, T. 11240.
857 - Witness P, T. 7265-66. The witness was told that Dario Kordic’s escort was a unit of Jokers from Busovaca and that they were Dario’s men; T. 7266, 7312-12.
858 - Stjepan Tuka, T. 10068.
859 - Proposal for ceremony, Ex. Z193.2. There is no evidence that the speech was in fact given.
860 - Ibid. On 27 August 1992 the London Conference was held and an Agreement for a Programme of Action on Humanitarian Issues was signed by Dr. Karadzic, President Izetbegovic and Mr. Boban: Ex. Z198.
861 - Munib Kajmovic, T. 3685-86. According to another witness, Kordic called on the Croats to fight to the last man for the territory and send a message to Izetbegovic that the HVO would fight for Herceg Bosna with their bodies and their souls: he was then given a military-style ovation and a fascist-style salute: Transcript of evidence of TW10, given in the Blaskic trial and admitted in the instant trial: Witness TW10, Blaskic, T. 1153-55.
862 - Ex. Z206.2.
863 - Ex. Z229.
864 - Major-Gen. Filip Filipovic, T. 17051; Major Gelic, T. 17593-94.
865 - Niko Grubesic, T. 19354
866 - Col. Zvonko Vukovic, T. 17764-65.
867 - Witness DK, T. 20930-31.
868 - Major-Gen. Filip Filipovic, T. 17069; Witness DE, T. 19508-09.
869 - T. 18177-78.
870 - Witness DC, T. 19174; Niko Grubesic, T. 19375-76; Ilija Zuljevic, former priest and member of the government of HZ H-B and HR H-B, T. 22615-16. Zoran Maric, the President of the municipal HVO government in Busovaca, testified that Kordic never incited violence against the Muslims or used derogatory language in referring to Muslim people: T. 20117. Srecko Vucina testified to the same effect, T. 20375.
871 - Decision, as reported in the Official Gazette of the RBiH of 18 Sept. 1992; Ex. Z216.
872 - Zoran Buntic, T. 21028-29.
873 - Kordic Final Brief, pp. 102-04. The Defence dedicates an entire annex in its Final Brief to the Constitutional Court Decisions (see Annex C).
874 - Sulejman Kavazovic, T. 7357-58.
875 - Edib Zlotrg, T. 1589-90.
876 - T. 16329-30; photo Ex. D66/2.
877 - T. 2146-48.
878 - T. 2312.
879 - T. 8322-26, 8455. Video-recording of broadcast, Ex. Z2771.
880 - Sulejman Kalco, T. 15944.
881 - T. 792-93.
882 - Sketch plan, Ex. Z1962.
883 - Witness C, T. 796-98.
884 - T. 12288-92.
885 - Dzemal Merdan, T. 12723.
886 - Witness P, T. 7269.
887 - Witness AT, T. 27571.
888 - Ex. Z248.
889 - Ex. Z249.
890 - Ex. Z243. The defence case is that this was a public relations document and was not intended to set out the military chain of command, which is properly illustrated by Col. Blaskic’s report referred to above: Ex. Z241.2.
891 - Ex. D155/1.
892 - Witness CW1, T. 26827. Ex. Z241.2, a report from Col. Blaskic to Mate Boban speaks of the situation in the town deteriorating on 20 October 1992, the objective of the TO being to drive the HVO out: however, the TO command was in partial encirclement and retreating.
893 - See, e.g., S. Kristo, T. 25327-28; Z. Civcija, T. 18987-88; I. Markovic, T. 23933.
894 - Witness P, T. 7335; I. Markovic, T. 23953-55. Major-Gen. Filip Filipovic was also there; T. 16999, 17046-49; Witness CW1, T. 26828.
895 - I. Markovic, T. 23953-55.
896 - T. 12355.
897 - Kordic Final Brief, p. 136; Col. Stewart, T. 12356.
898 - T. 3547-49, 3561.
899 - Munib Kajmovic, T. 3690-91.
900 - Witness AC, T. 12571.
901 - Witness L, T. 6853-55; Munib Kajmovic, T. 3691; Witness AC, T. 12571.
902 - T. 15954.
903 - T. 15954-55.
904 - T. 16058-59.
905 - T. 12573.
906 - T. 3758-59.
907 - T. 3551-54, 3562. In cross-examination the witness said that mines were brought from Slimena. A few trenches were dug around the barricade but not in the cemetery. One hundred people from outside came to help them, some with camouflage and some armed. There were 60 armed men at the barricade but with very little ammunition. In re-examination the witness said that HVO roadblocks had iron “hedgehogs”, mines and machine-gun nests: T. 3624-32, 3654-55.
908 - Ex. Z245.
909 - Ex. Z246.1.
910 - Witness K, T. 6761-64.
911 - T. 6825.
912 - According to the evidence of Witness U, a resident of Santici, an associated hamlet of Ahmici, Dario Kordic was in Santici in late October 1992. Returning from school one day, the witness saw Nenad Santic (the local HVO Commander) standing on the corner opposite the witness’s house. Later he saw a Jeep draw up, driven by Dario Kordic. Santic got into the Jeep and they drove off towards Vitez. Subsequently the witness saw Dario Kordic and Slavica Josipovic (Nenad Santic’s sister) together on television at a meeting in Grude. This was on the same evening or the evening after he saw Dario Kordic in Santici: T. 10220-23. The Defence disputes that Dario Kordic was in Santici. The witness said that he saw Kordic from a distance of 30 metres: T. 10222. In a statement the witness said that Kordic was in uniform: the witness now said that this was wrong: T. 10255. Another statement was put where the witness said that Slavica Josipovic entered the car with Nenad Santic: the witness said that he was confused, having seen her on television that evening. It may not matter very much whether Dario Kordic was in Santici at this time since he was, after all, a local politician. However, on this evidence, challenged as it is, the Trial Chamber cannot be satisfied that he was there.
913 - Nihad Rebihic, T. 8332-35.
914 - T. 8337-39.
915 - T. 1597-1601.
916 - Ex. Z260. On the same day an order was sent from Ivica Rajic, Commander of the HVO 2nd Operative Group in Kiseljak for the transfer of troops to Busovaca, in response to a request from Dario Kordic (Deputy Commander of the HZ H-B), based on an order from Brigadier Petkovic to send all available troops and equipment to Jajce: Ex. Z261.
917 - ECMM Report, Ex. Z266. Order of Col. Blaskic to same effect: Ex. Z269.
918 - Prosecution Final Brief, para. 115.
919 - Ex. Z252.
920 - On 14 November 1992 the Second General Assembly of HDZ-BiH in Mostar had elected Mate Boban as President and Kordic as one of five Vice-Presidents: Minutes, Ex. Z281.
921 - Ex. Z297.
922 - T. 5514-15.
923 - T. 5532-33, 5541-42.
924 - T. 6200-01.
925 - Ex. Z306.1.
926 - Ex. Z314, Annex E.
927 - T. 6204-05.
928 - T. 6270.
929 - T. 6210-11.
930 - Co-chairman of the International Conference on the Former Yugoslavia.
931 - T. 5520-22.
932 - Mr. Pinder, T. 5523-24, 5598.
933 - Commander, UNPROFOR.
934 - Minutes, Ex. Z328.2.
935 - Minutes, Ex. Z336.1.
936 - Ex. Z336.1, para. 7.
937 - Report in “Bojovnik”, Ex. Z331. This was the HVO Zenica magazine: Ex. Z581.2.
938 - Ex. Z294.2. Notice of appointment, Ex. D343/1,Tab 3; Notification to UNPROFOR, Ex. D343/1,Tab 4; Witness CW1, T. 26716.
939 - Witness CW1, T. 26723.
940 - The Defence, for example, refers in the Kordic Final Brief to the testimony of Col. Stutt, who stated, when pressed to admit that he never asked Mr. Kordic any questions about his political or military powers: “Sometimes it’s embarrassing to ask someone what he is”; T. 15240.
941 - Prosecution Final Brief, para. 69: Kordic’s titles are set out in Annex 10.
942 - T. 11196-97, 11203-05. According to the witness, Kordic began to wear his uniform at the time when people generally were wearing uniforms: T. 11308. According to another witness, during this period Dario Kordic carried out his work properly but was often absent, travelling to Grude, Mostar and Zagreb where he met high-ranking officials and received media coverage: Witness O, T. 7136-37; Witness A, T. 402-03.
943 - Witness T, T. 9438-46. Sketch plan, Ex. Z1725. Photos of the converted restaurant and surroundings: Ex. Z2782.1-4.
944 - Ivo Arar, T. 18449-50.
945 - Witness AS, T. 16359.
946 - T. 6644, 6714-15.
947 - T. 11547. Witness AK and a friend were imprisoned in a basement under a terrace near the HQ at Tisovac for about a month in August/September 1992 where they were kept with little food and subject to regular beatings: Witness AK, T. 15520-33. Sketch plan drawn by witness, Ex. Z2083.
948 - T. 16362-63. Among HVO soldiers the guards were known in derogatory terms as the “Vultures”: ibid.
949 - Witness T, T. 9432-33.
950 - Ex. Z1380.2. In his evidence Col. Marinko Palavra agreed with a suggestion by defence counsel that the reference to Kordic as Chief of HVO Main Staff was a clerical error: T. 27043-44.
951 - Major Jennings, T. 8885.
952 - Anto Breljas, T. 11703.
953 - Gen. Merdan, T. 12712.
954 - Ex. Z2507-9.
955 - Ex. Z248.2b.
956 - Ex. Z2703.
957 - T. 12705.
958 - Col. de Boer, T. 11875-76.
959 - Ex. Z445.
960 - T. 13867.
961 - Ex. Z129.
962 - Ex. Z115.
963 - Ex. Z289.
964 - Ex. Z220.1.
965 - Ex. Z287.5.
966 - Ex. Z207.
967 - Ex. Z229.1. In his evidence Col. Palavra claimed that Kordic had been consulted about this appointment in order to demonstrate to the Ministry on Mostar that people in Central Bosnia agreed to the proposal: T. 26978-79.
968 - Ex. Z353.2.
969 - Ex. Z87.
970 - Ex. Z114.3.
971 - Ex. Z384; Ex. Z386. A defence witness, Witness DL, denied that Kordic was present at the meeting or that the replacement was made. However the documents speak for themselves.
972 - Ex. Z1227.1.
973 - Thus, Witness CW1 said in evidence that Kordic had no power to initiate disciplinary action; T. 26824: there was no evidence to contradict this.
974 - Report to Security Council, Ex. Z571.
975 - Plan, Ex. Z571. Map attached to Peace Plan: Ex. Z2582.1.
976 - Prosecution Final Brief, para. 142.
977 - Lt. Gen. Cordy-Simpson, T. 6219.
978 - Witness DJ, T. 20368-70, 20465-68.
979 - Srecko Vucina, T. 20703-05.
980 - Srecko Vucina, T. 20737-38.
981 - Cross-examination of Andrew Williams, T. 6074.
982 - Census, Ex. Z571.2.
983 - T. 5399-5409. This evidence was supported by that of Andrew Williams, a former Colour Sergeant in the Cheshire Regt., who was Intelligence Officer for B Co., and said that at the meeting Col. Andric read an ultimatum to the effect that Gornji Vakuf was to be part of a Croat canton and the BiH Army was to hand in its weapons: anyone who did not want to be under Croat rule should leave: T. 6013-14.
984 - T. 5415-16.
985 - BBC summary of broadcast on Croatian Radio, Zagreb: Ex. Z382.1.
986 - Ex. D 153/1 at p. 205.
987 - T. 5465-66.
988 - T. 12364.
989 - Milinfosum, Ex. Z355.1, Ex. Z355.2.
990 - Ex. Z370.
991 - ECMM Report, Ex. Z377.
992 - Prosecution Final Brief, para. 143.
993 - Brig. L. Sekerija, T. 18154; T. 18225-26; See also Ex. Z376, Jan. 1993 Bojovnik, p. 1 (quoting Col. Blaskic on the ABiH attack on HVO in Gornji Vakuf).
994 - Brig. L. Sekerija, T. 18220.
995 - Brig. L. Sekerija, T. 18222.
996 - Ex. Z377, ECMM Report, 19 Jan. 1993, p. 3. The Defence rejects contradictory reports as conclusory and filled with unsupported opinions, Kordic Final Brief, p. 164.
997 - T. 18219. The defence case with respect to Dario Kordic is that he had absolutely no part in events in Gornji Vakuf and that it is undisputed that the cease-fire was negotiated directly between Brigadier Petkovic, the Senior HVO Military Commander, and Arif Pašalic, the ABiH Commander in Herzegovina: Kordic Final Brief, p. 164.
998 - T. 13987-92.
999 - Witness T, T. 9466.
1000 - Witness T, T. 9464.
1001 - T. 14022-23.
1002 - T. 9465-66. Witness AW gave evidence that he was present on duty at the checkpoint at the time: there was an altercation and a pistol was taken. He did not recognise anyone, except Kordic’s bodyguard, but was told by a colleague that Kostroman was there: T. 27788-93.
1003 - Josip Grubesic, T. 18381-85; affidavit of Brano Kristo.
1004 - Ex. Z610.1, pp. 11-12.
1005 - Ex. D356/1/8. In relation to the credibility of Witness AE, the Defence relies on an Indictment issued in October 2000 by the Prosecutor’s office in Zepce, charging Witness AE with 11 burglaries, alleged to have been committed with others in July and August of the same year, i.e., after the witness had given evidence to the International Tribunal: Ex. D353/1.
1006 - T. 28276.
1007 - Report, Ex. Z461. The CBOZ Duty Officer’s Log contains an entry for 15.15 that day: “Kacuni … there is shooting and that one of our men was killed”: Ex. Z610.1, p. 17.
1008 - Ex. D104/1.
1009 - Ex. D105/1.
1010 - Witness AG, T. 14140-41.
1011 - Witness J, T. 4528; Nasiha Neslanovic, T. 11216.
1012 - Witness T, T. 9467.
1013 - Witness J, T. 4529; Ex. Z1529, Ex. Z2564.
1014 - For example, Witness O said that on 20 January 1993, Florijan Glavocevic told him that Bozo Rajic had given an order to attack ABiH positions in Busovaca and that vicinity. The witness sent his family to Zenica but returned to collect another son and some items when he was arrested on 27 January 1993 by two armed HVO soldiers and taken to Kaonik: T.  7148-50.
1015 - Witness J, T. 4534-35; Nasiha Neslanovic, T. 11217: her husband was also taken to Kaonik; Witness T, T. 9467-68.
1016 - T. 453-459; List Ex. Z2697; Witness J, T. 4533.
1017 - Ex. Z461.
1018 - In March explosives were placed in the house of a former SDA President; his wife was killed and he was seriously injured in the explosion: Witness B, T. 483. In April the HVO attacked the house of Witness AG, killing her husband, son, niece and father-in-law: T. 14145-58.
1019 - Witness AS, T. 16354-55, 16437-38.
1020 - Witness AS, T. 16355.
1021 - T. 354-56.
1022 - Picture, Ex. Z862.2.
1023 - T. 8853-58.
1024 - T. 8859-60, 8862. The assessment made at the time was that the fire came from an area just to the north-west of Busovaca: marked on Ex. Z477.1.
1025 - T. 8864-65.
1026 - Census, Ex. D116/1; T. 8972-73.
1027 - T. 9022-23.
1028 - Report, 24 Jan. 1993, Ex. Z390.2.
1029 - Ex. Z454.
1030 - Witness CW1, T. 26728.
1031 - Brig. F. Nakic, T. 17431.
1032 - “When the Muslim forces took this area, they achieved control over another very important supply route”, Major J. Prskalo, T. 17875-76.
1033 - Witness CW1, T. 26842; Brig. F. Nakic, T. 17290.
1034 - Affidavit of Milenko Bilanovic, para. 15.
1035 - Col. R. Stewart, T. 12371-72; Ex. D104/1, pp. 3-4.
1036 - Witness AS, T. 16399-402.
1037 - Witness AS, T. 16400. See also Ex. Z527.3, Report of the Military Police, 8 March 1993.
1038 - Edin Husic, T. 13701.
1039 - Ex. Z2801.3.
1040 - Blaskic had his headquarters in Kiseljak whereas Kordic had his headquarters in Busovaca: Lt. Gen. Cordy-Simpson, T. 6221.
1041 - Transcript, Ex. Z2801.2B, pp. 1-3. The Defence did not dispute that the voices on the tape, Ex. Z2801.4, were those of Blaskic and Kordic but submitted that the tape was not authentic and may have been tampered with. This submission was rejected. In fact, the Defence acknowledged that it could not establish that the conversation did not occur or that the tape was a fabrication: Accused Dario Kordic’s Supplemental Submission Regarding Audio-Tape Evidence, filed 12 December 2000.
1042 - The Prosecution points out that this comment is consistent with the evidence of the death of the two Croats at the checkpoint.
1043 - Accused Dario Kordic’s Supplemental Submission Regarding Audio-Tape Evidence, filed 12 December 2000.
1044 - Ex. Z447.1. The explanation for this document, given by Brigadier Grubesic, a defence witness, was that, from time to time, Kordic wanted to be in the arena, even though he was not conversant with military matters: in most cases this was prevented because the command and control were well established, i.e., that only the commander of the CBOZ could operate the artillery upon request from brigade command. The witness also claimed that VBR’s were not used against Kacuni.
1045 - Ex. Z610.1, pp. 22-23.
1046 - Ex. Z439.2.
1047 - Ex. Z248.1. In his evidence, Brigadier Sekerija said that the request was sent to Kordic as well as Blaskic, so that it could be passed on to the latter if he did not receive it and also to inform Kordic of the situation: T. 18188-91: an explanation which the Trial Chamber does not find convincing.
1048 - Ex. Z391. When he gave evidence, Brigadier Nakic was asked why this was sent to Colonel Kordic. Brig. Nakic said that it was “a bit stupid”, it was written by the duty officer and he (the witness) signed; it was routine, people sent things to both Colonel Blaskic and Colonel Kordic: T. 17433-39.
1049 - Ex. Z395.1. When examined about this document during his evidence, Brigadier Nakic said that he knew that this order came, was forwarded to Colonel Blaskic and could have gone on to Kordic without his (the witness) being aware of it. He did not know why Petkovic addressed it to Kordic: T. 17460-68. The suggested explanation was that it was sent because Kordic was the liaison with UNPROFOR: Witness CW1, T. 26729.
1050 - Ex. Z396.1. There was evidence with regard to this order that the unit was subordinated to the CBOZ at this time: Witness CW1, T. 26745-46.
1051 - Ex. Z421.4. Brigadier Grubesic gave this explanation for the presence of Kordic’s signature on this order. At the time Brigadier Grubesic was Deputy Commander of the NS Zrinski Brigade in Busovaca and had been asked to intercede with Kordic to get help from other municipalities: this document was prepared by the operations staff of the NS Zrinski Brigade and Mr. Kordic signed it: it was then stamped with the brigade stamp, and the packet (a communications system) was used to send it up to the CBOZ: T. 28019-20. (Another explanation which the Trial Chamber does not find convincing.)
1052 - Ex. Z437.1. The Defence points out that this document is neither stamped nor signed, however the Trial Chamber finds it a genuine document, there being no evidence that it is not, despite the absence of a stamp and signature.
1053 - Ex. Z501.1.
1054 - Ex. Z422; Jeremy Fleming, T. 13860-62.
1055 - Milinfosum, Ex. Z424.
1056 - UNPROFOR Report, Ex. Z427.1.
1057 - Tape recording of conference: Ex. Z431.
1058 - T. 5554.
1059 - Major Forgrave, T. 9962-66.
1060 - Ibid.
1061 - Major Jennings, T. 8882-86, 9037-38.
1062 - Transcript of evidence in Blaskic trial, Ex. Z2791, p. 23743.
1063 - T. 12291; Transcript of evidence in Blaskic trial, Ex. Z2791, p. 23743, 23872.
1064 - T. 12334-35.
1065 - A Britbat “Sitrep” for 26 January 1993 refers to a roadblock on the road consisting of two trucks (with mines beneath them) and “despite early indications that the HVO would lift the mines this did not happen following the intervention of Dario Kordic and a developing fire fight”: Ex. Z398.
1066 - Major Forgrave said in evidence that in late January 1993 he and two other Britbat officers were stopped at a roadblock on the Vitez-Busovaca road by HVO soldiers who said that they were not allowed to pass, on the orders of Colonel Kordic. The witness found his way through the block and went to the PTT building in Busovaca. There, Kordic apologised and said that the roadblocks were there to stop Muslim aid agencies smuggling weapons: T. 9958-60. In cross-examination the witness said that he was sure that the soldiers said “Colonel Kordic”, not “Blaskic”. Kordic was embarrassed that Britbat had been impeded in their passage. He was helpful and that was consistent with Kordic’s approach to Britbat: T. 10008-09.
1067 - General Maas wished to visit the Dutch Transport Battalion which was stationed as part of UNPROFOR in Busovaca. On his way there the General was held up at the checkpoint. Upon hearing about this a Dutch ECMM Monitor went to See Dario Kordic at his headquarters in Busovaca and asked the latter to let the General pass. According to the Monitor’s evidence, the accused agreed to ring the checkpoint, did so, said that it was “all arranged”, which it was, and the General was allowed to go on his way. Cornelius van der Pluijm, T. 11930-32.
1068 - Ex. Z429, Ex. D102/1, D108/1, D109/1, D154/1.
1069 - Many witnesses gave evidence of this, including military commanders and others: Major-Gen. Filip Filipovic, T. 17045; Brig. Franjo Nakic, T. 17291; Major Darko Gelic, T. 17588; Col. Zvonko Vukovic, T. 17764-65; Major Marko Prskalo, T. 17888; Brig. Zviko Totic, T. 18056; Brigadier (ret’d) Luka Sekerija, T. 18180; Major Franjo Ljubas, T. 18842; Zoran Maric, T. 20118; Zlatan Civcija, T. 18993-94; Josip Buha, T. 18629 and Witness DK, T. 20931-32, amongst others.
1070 - T. 28017.
1071 - T. 8887-90.
1072 - Major Jennings, T. 8899-903.
1073 - Milinfosum, Ex. D158/1; Major Jennings, T. 8914.
1074 - Col. Stewart, T. 12295-97.
1075 - Major Forgrave, T. 9967-68; Major Jennings, T. 8918-20; Ex. Z502.
1076 - T. 11876-80.
1077 - T. 11880. According to the witness there was a map of the Lasva Valley on the central table in the room. Lines were drawn on the map and the witness’s impression was that the lines corresponded to lines of separation or advance lines. Arrows were added to the lines, pointing at various small villages, among them Ahmici. The witness was cross-examined about a statement made to the Prosecutor, in which he said that the lines pointed at Ahmici and surrounding villages (or past them) and he thought they represented the HVO idea of the line with the BSA. In answer the witness said that the map was upside down and he was not sure what the lines stood for: T. 11876-80, 11904-05.
1078 - Ex. Z411.1.
1079 - Ex. Z437.1.
1080 - Witness AT, T. 27582-83. There is documentary evidence to support this occurrence: (i) an entry for 25 February 1993 in the CBOZ Duty Officer’s Log refers to a Muslim flag placed on the SPS factory at 16.30 and taken down at 22.10: Ex. Z610.1, p. 39; (ii) an HVO police report refers to an incident on 25 February concerning the flying of a flag on the factory chimney in Vitez: Ex. Z498.1.
1081 - Ex. Z2801.4.
1082 - Ex. Z2801.1.
1083 - Transcript of the conversation, Ex. Z2801.2B, pp. 12-14.
1084 - Transcript of the conversation, Ex. Z2801.2B, p. 20.
1085 - Ex. D107.1; T. 8996.
1086 - Ex. D108.1, T. 8998.
1087 - Ex. Z438.3.
1088 - Kordic Final Brief, pp. 324-325.
1089 - Ibid.
1090 - Kordic Final Brief, p. 329.
1091 - T. 18013.
1092 - Ismet Sahinovic, T. 1027-28. However the witness did agree in cross-examination that the HVO tried to get the Herzegovinians under control and that Croats were also victims of crime: T. 1109-12, 1131. An HVO soldier, called Zoran Jukic, was killed in February 1993 while resisting arrest by the HVO in a café in Novi Travnik: Report, Ex. D1/2.
1093 - Munib Kajmovic, T. 3695.
1094 - Order, Ex. Z567.
1095 - Ex. Z544.4. Josip Zuljevic, a member of the command, claimed in evidence that this was no more than a proposal for a list of the command.
1096 - T. 9718, 10536-41.
1097 - T. 11690, 11730-36. Lists of those killed, Ex. Z819.2, Z871.1, Z1337.1 and Z808. The Vitezovi had been the HOS (both organisations led by Darko Kraljevic – evidence of Zoran Strukar, a Cerkez Transcript Witness).
1098 - See Ex. Z852.3 (Vitez Defence Office report, dated 30 April 1993, blaming problems with the preparatory period and poor performance by the commanders for the delay in the formation of the Viteska Brigade); Ex. Z653.3 (warning from Anto Puljic to Marijan Skopljak, dated 14 April 1993, stating that a 7 April inspection revealed the brigade had not been brought up to strength, and ordering Marijan Skopljak to complete the task by 23 April or else be held personally responsible); and Ex. D160/2, Tab 3, No. 1 (inspection report, dated 7 April 1993, detailing weaknesses in organisation and training of the Viteska Brigade).
1099 - Brig. Franjo Nakic, T. 17352. Major-Gen. Filip Filipovic, T. 17231-33; Zlatko Senkic, T. 23003; Darko Gelic, T. 17630-32.
1100 - T. 26291-310, 26297-99.
1101 - An HVO report (dated 19 March 1993) on the situation at the Slatka Voda feature, the HVO defence line against the Serbs, describes a disordered state of affairs at the front line and that the soldiers dispatched to the front line needed to be properly trained and armed; Ex. D132/2,Tab 23.
1102 - Anto Bertovic, T. 25850.
1103 - Anto Bertovic, T. 25971-72, 25856.
1104 - Anto Bertovic, T. 25856, 26002.
1105 - Ex. D99/2 and D132/2 (including order from Cerkez (dated 19 March 1993) to send a unit in the strength of two platoons to the Slatka Voda-Strikanca area and “prepare and equip the platoons as well as possible for Chetnik attacks”, (Tab 20) and similar orders dated 25 March and 13 April 1993); Major-Gen. Filip Filipovic, T. 17041-42.
1106 - Anto Bertovic, T. 25975; Ex. D131/2,Tab 17.
1107 - Ex. Z516.2.
1108 - Ex. Z557.3.
1109 - Ex. Z653.
1110 - Ex. Z569.1.
1111 - Ex. Z636.1.
1112 - Ex. Z808.
1113 - Ex. Z2332.1. According to Gordana Badrov many entries were false since the list was a compilation of participants in the ‘homeland war’ compiled so that they could receive additional pay by means of an issue of shares; T. 26365.
1114 - Ex. Z2813.2.
1115 - Joint Statement, Ex. Z573.1.
1116 - Ex. Z595.
1117 - Ex. Z595.1.
1118 - According to a report in Vjesnik (based on a report from the Press Department of the HZ H-B): Ex. Z601.
1119 - Ex. Z603.
1120 - Prosecution Final Brief, para. 143.
1121 - Ex. D309/1, Tab 11; Transcript of broadcast, Ex. Z665.3.
1122 - Ex. D309/1, Tab 11.
1123 - Ex. D309/1, Tab 11; Transcript of broadcast, Ex. Z665.3.
1124 - Major F. Ljubas, T. 18844.
1125 - Brig. Z. Totic, T. 18032-33.
1126 - Brig. Z. Totic, T. 18033-34.
1127 - Ex. Z670.
1128 - Ex. Z636.
1129 - Ex. Z642.
1130 - Ex. Z647.
1131 - For example, in Travnik hand-grenades were thrown at the headquarters of the HVO on 4 April 1993 (Ex. D309/1, Tab 10); in Travnik on or around 9 April 1993, 70 prominent members of the Croat community were rounded up and many imprisoned by the ABiH (Major Ljubas, T. 18845). In mid-April 1993, the ABiH evicted 110 wounded HVO soldiers from the Travnik Hospital: Major Ljubas, T. 18846.
1132 - One of the abducted officers, Ivica Kambic, testified in this case about his kidnapping; T. 18573-615.
1133 - Brig. Totic, T. 18040-48; video recording of scene, Ex. D211/1. According to the witness he was held, handcuffed, for 33 days in a family house, guarded by masked soldiers from the 3rd Corps. He was interrogated two or three times, with explosives around his neck. He was released on 17 May 1993 during a prisoner exchange: Ex. D79/1.
1134 - Brig. Grubesic: T. 28113-14.
1135 - Tape of broadcast, Ex. Z665; transcript of broadcast, Ex. Z665.1 and Z665.3. Nura Pezer said in evidence that she had seen Dario Kordic on television news on the afternoon of 15 April and that he had said that his combatants were ready and waiting for orders: T. 15444-46. However, in the absence of a tape or other corroborative evidence the Trial Chamber is unable to place any reliance on this evidence. Likewise the evidence of Witness AC that Kordic had broadcast on ABiH TV that, around 15 April 1993, ABiH units would be put under the control of the HVO (T. 12581-82) this too was without support and cannot be relied upon.
1136 - Sulejman Kalco, T. 15964-67.
1137 - Witness G, T. 3898-3901.
1138 - T. 27590-92.
1139 - T. 27592-93. The Defence pointed out that the CBOZ Duty Officer’s Log, Ex. Z610.1, p. 68, does not contain a record of any meeting of civilians on 15 April 1993; and the record of those at the second meeting does not include Cerkez. (The Defence challenges that he was present: T. 27702-07.)
1140 - T. 27593-94.
1141 - T. 27596. The Defence pointed out in cross-examination that the witness had not mentioned this piece of evidence before the trial: the witness said that he stood by his evidence: T. 27707-09.
1142 - T. 27597-99. Ante Sliskovic, Second in Command of the battalion, who was also at the meeting, announced that Miroslav “Cicko” Bralo (a notorious criminal) would be released from prison to join the military police.
1143 - T. 27603-04.
1144 - T. 27604.
1145 - T. 27604-06.
1146 - T. 27608-12.
1147 - There is no mention of Cerkez or “Zuti” in the CBOZ Duty Officer’s log (Ex. Z610.1), but Witness AT maintains that Cerkez was there. In relation to Witness AT’s statement of 25 May 2000 to the Prosecution, Witness AT maintained that someone from Novi Travnik was indeed attending the meeting and that this person’s name might have been Sekic. With regard to Kostroman, Witness AT forgot to mention in his statements to the Prosecution that he too attended the meetings: T. 27696–27705.
1148 - T. 27688–91.
1149 - T. 27702.
1150 - T. 27709–10.
1151 - Ex. Z610.1.
1152 - Ex. Z610.1, p. 14.
1153 - T. 27767–68.
1154 - T. 27956.
1155 - In cross-examination, T. 27971-78.
1156 - T. 27980-81. Witness AT had said in cross-examination that somebody from Novi Travnik, possibly called Sekic, was present at the meeting; T. 27704.
1157 - T. 27986-87.
1158 - T. 28113-14.
1159 - T. 28114-15.
1160 - Witness AT, T. 27610-11. (Witness AT recalls Brig. Grubesic discussing the level of artillery support.)
1161 - Brig. Grubesic, T. 28063-66, 28122-23, 28125-26.
1162 - The subject of various offences included in Counts 1-2 (persecutions); Counts 3-4, 5-6 (unlawful attacks on civilians); Counts 7-13, 14-20 (wilful killing and inhuman treatment).
1163 - T. 12739.
1164 - Ibid.; ABiH 3rd Corps Report, Ex. D80/1 and Duty Officer’s Log, Ex. D368/1, p. 35.
1165 - Nihad Rebihic, T. 8356.
1166 - Witness I, T. 4229.
1167 - Nihad Rebihic, T. 8357-58.
1168 - Ex. Z660. A ‘preparatory combat order’, Ex. Z660.1, by Blaskic was alleged to have been issued at 10 a.m. on 15 April: however, it was established from the serial numbers that in fact it had been issued on 23 April: Marko Prelec, T. 27244-45.
1169 - Ex. Z658.3.
1170 - Ex. Z657.2.
1171 - Ex. Z676.
1172 - Ex. D343/1/Tab 6.
1173 - Ex. D343/1/Tab 7.
1174 - Ex. D343/1/Tab 8.
1175 - Ex. D356/1/Tab 31.
1176 - Ljubomir Pavlovic, T. 26018-20; Ex. D135/2.
1177 - L. Pavlovic, T. 26019.
1178 - L. Pavlovic, T. 26034.
1179 - Munib Kajmovic, T. 3771-72, 12-11; cf. with Brig. Franjo Nakic, T. 17346-48, 22-3 (ABiH had 600-700 soldiers in Stari Vitez).
1180 - T. 12405.
1181 - Ex. Z910.
1182 - Kordic Final Brief, p. 200.
1183 - See e.g., Stipo Babic, T. 25755, 12-17.
1184 - Ex. D93/1.
1185 - Zoran Maric, T. 20109, 20259; Brig. Grubesic, T. 28040-41.
1186 - Vlado Ramljak, T. 25714-15.
1187 - Ibid.
1188 - Brig. Grubesic, T. 28040-41.
1189 - According to the 1991 census the total population was 466, of whom 356 were Muslim and 83 Croat. The upper part of the village was exclusively Muslim, whereas a minority population of Croats lived in the lower part.
1190 - T. 27613-23, 27772.
1191 - T. 27627.
1192 - T. 27650.
1193 - T. 27654-55, 27661-63.
1194 - The Defence states in the Kordic Final Brief: “The Trial Chamber has already observed that the credibility of Witness AT is a central issue in evaluating his testimony. [‘Clearly, he’s not a witness who can be simply ignored. He is an important witness … . The attack on his credibility, of course, makes it plain that he is a co-accused, and that is a matter which we are going to have to consider because the matter of his credibility is very much at issue.’”; T. 27914.]
1195 - T. 27722-23.
1196 - T. 27724-27. Ex. C.1: the letter.
1197 - T. 27727.
1198 - T. 27742-43.
1199 - May, Criminal Evidence, 4th Edition, 1999, p. 603, para. 17-17.
1200 - Chan Wai-Keung v. R [1995] 2 Cr. App. R. 194 (Privy Council).
1201 - Corte di Cassazione, Cass. Penale, Sez. I, 20.2.1996, n. 3070, in Cass. Pen. 1997, 1457; Art. 192(3) of the Italian Criminal Procedure Code requires there to be other evidence on which to base a conviction.
1202 - X v. UK No. 7306/75, 7 DR 115 (1976).
1203 - T. 27697-700. Log, Ex. Z610.1, p. 69.
1204 - Ibid., pp. 70-100.
1205 - T. 16262-67.
1206 - T. 15448-55, 15459-62.
1207 - T. 10204-06.
1208 - T. 3568-84.
1209 - The wearing of ribbons by attacking forces was a practice adopted from the JNA: each colour having a significance for deployment. For instance, Sulejman Kavazovic had seen soldiers at the Bungalow with different coloured ribbons on their shoulders: T. 7371-73.
1210 - T. 3590-93. Ex. Z1593.1. Photos of destroyed Muslim houses: the mosque has graffiti on it: “Goodbye Balijas – 24 Hours of Ashes – 16 April 1993 – Croatia”.
1211 - T. 3605.
1212 - Witness K, T. 6672-73.
1213 - Witness TW01, pp. 3247-50.
1214 - Witness K, T. 6768-71.
1215 - Witness TW29, Blaskic T. 3524-26, 3494. Photograph Ex. D160/1.
1216 - Witness CW1 testified: "Ahmici was a legitimate military objective"; Blaskic T. 24194.
1217 - Major Gelic testified that Ahmici "is a choke point and with a very small force you could stop a much larger force ... because it's a very narrow area and it's a bottleneck"; T. 17599; Z. Ahmic, TW02, Kupreskic T. 898-02 (road had great strategic importance for HVO); Lt.-Col. Watters, T. 5747-48 (Ahmici has military significance as a result of its position on the main road).
1218 - Witness CW1, Blaskic, T. 24192-93; Ex. D13/2.
1219 - T. 4229.
1220 - T. 4228-30. The witness statement of Fuad Berbic also confirms that the TO in Ahmici was placed on a heightened level of alert on 15 April: Ex. D13/2.
1221 - N. Pezer, T. 15443, 15447-48; Witness AQ, T. 16278-80; TW01, Blaskic T. 3250-52 (father responsible for patrolling village on evening of 15 April); TW01, Kupreskic, T. 1423-25.
1222 - A. Ahmic, T. 3573, 3638-39 (hand-grenades); N. Pezer, T. 15474 (M-48 rifle). In describing the defence of Ahmici, one Muslim witness stated: "Several Muslim men had formed a front line and were shooting at the HVO. Among them was Zihad Ahmic, Mirsad Ahmic and Hazrudin Bilic"; (TW01, Kupreskic T. 1410). This testimony is fully corroborated by the statement of Fuad Berbic: "When the attack commenced our guards and reinforcements in the lower part of Ahmici engaged in combat": Ex. D13/2.
1223 - Major Woolley, Kupreskic, T. 3567; see id., at 3484, ("sporadic gunfire" at 11 a.m.); id., at 3516-17 ("peripheral gunfire and explosions" at 2.45 p.m. either in village or within 200 meters); id., at 3530-31 (generally describing "gunfire in and around the periphery of the area").
1224 - Witness AT, T. 27622-23; see also Ex. Z678 (noting three policemen were killed and three were wounded).
1225 - Ex. D190/1.
1226 - T. 27622-23.
1227 - T. 27620-21, 27732-33.
1228 - T. 27619.
1229 - Two ECMM monitors could See Ahmici in flames but were prevented from going there: when one did get in on 21 April 1993 he saw no defensive positions: Lt. Col. Landry, T. 15290-91.
1230 - Col. Bryan Watters, T. 5813-14.
1231 - Major Mark Bower said that FIBUA technique does not involve the deliberate targeting and killing of civilians: T. 9298-99.
1232 - Col. Bryan Watters, T. 5846-50, 5885-87: Ex. D63/1, D64/1. The witness stated that the FIBUA doctrine is not surgical, therefore one would not See a lack of destruction to Croat houses.
1233 - Ex. Z975.1. The report is dated 25 May 1993.
1234 - Col. Stewart, T. 12501.
1235 - Col. Stewart, T. 12426-29, 12442-46. To Lt. Col. Landry, an ECMM monitor, the attack on Ahmici seemed more like a “cleaning up operation” than one for tactical gain, as territory taken for tactical gain is usually occupied by conquering forces.
1236 - Charles McLeod, T. 2690, 4710-11.
1237 - List, Ex. Z858.1.
1238 - Report, Ex. Z926.
1239 - Ex. Z942.
1240 - Ex. Z942, paras. 14-19.
1241 - Witness K, T. 6778-79; list Ex. Z1594.3; aerial photographs of Muslim houses, Ex. Z1594.1. On 28 April Nihad Rebihic assisted in the burial of 96 bodies of Muslims killed in Ahmici, Vitez and the surrounding villages: apart from two in military uniform the rest were bodies of civilians, among them children and elderly people. T. 8374-77. Photographs of burial, Ex. Z2772. In May 1993, Enes Surkovic, then a member of the Committee for Refugees, documented atrocities in Vitez municipality. As the result of his enquiries he listed 95 Muslims killed in Ahmici: the list corresponds with 95 death certificates which were presented: Enes Surkovic, T. 4405; Ex. Z1583.
1242 - Witness CW1, transcript of evidence in Blaskic trial, T. 24038-40, 24099-102.
1243 - P. Akhavan, T. 5937-38.
1244 - Brig. Duncan, T. 9737.
1245 - Ex. Z1406.1.
1246 - Major Lars Baggesen said he knew it was HVO forces doing the shelling because the ABiH forces in the area were not equipped with the type of artillery or large calibre mortars that were being used: T. 7495-97.
1247 - Col. Watters, T. 5694-99; Ex. Z2007 is a series of photographs of smoke and fires arising from the fire and bodies lying in a line on the far side of Vitez (past Dubravica). There were a number of bodies in Stari Vitez. In the northern, Croat, part nothing was going on.
1248 - Col. Watters, T. 5704-05.
1249 - T. 5705.
1250 - Witness TW10, Blaskic T. 1199; Nihad Rebihic, T. 8359-60. Witness L said that, on the morning of 16 April 1993, he saw soldiers wearing helmets and masks in his neighbourhood. He sought shelter in the apartment of his friend and hid there for four days. He saw soldiers searching for him, T. 6858-60. Sulejman Kavazovic heard an explosion and shooting at 5.15 a.m. He saw three or four groups of 10 soldiers and was afraid as everyone knew he was a TO member. He hid in an apartment of a Croat friend; T. 7365-67.
1251 - Witness TW10, Blaskic T. 1206: Another witness described in her transcript evidence that armed men came into her house in Vitez looking for weapons, sexually assaulting her and stealing her jewellery: Witness TW21, Blaskic, T. 4471-74.
1252 - Edib Zlotrg, T. 1644-47. Other witnesses gave evidence of the attack. Kadir Dzidic said he heard a loud explosion and, from his apartment, he could See Stari Vitez being shelled from Krcevine and Jardol. The entrance to his building, and others, was blocked by Croat neighbours (some in uniform). He sought shelter at a neighbour’s apartment and then gave himself up to three HVO soldiers: T. 4004-11. Mirsad Ahmic said that the perpetrators of the attack on Vitez were the HVO and Vitezovi: T. 13783-87. Enes Surkovic said that men with HVO insignia came to his apartment building and searched for weapons. One of his neighbours, Salih Omerdic, was shot and stabbed: T. 4381-87.
1253 - Enes Surkovic, T. 4386-89.
1254 - T. 11714-15. This evidence about Ahmici is supported by a report from Darko Kraljevic, dated 25 April 1993, of the “battle activities” of the Vitezovi in the preceding 10 days, describing battles at 5 a.m. on 16 April in Old Vitez and Novaci village and similar locations for 17 April: however the report for 18 April is “Village of Novaci cleansed”: Ex. Z819.2.
1255 - Witness V, T. 10366-83.
1256 - Witness V, T. 10386-94. According to Witness V, he saw Dario Kordic in the village 20 days before when Kordic came to the local HVO command place in a café in the village. Dario Kordic was wearing a camouflage uniform with the HVO insignia and had a bodyguard. The witness was 10-15 meters away from him. The defence case is that Dario Kordic was never in the village: T. 10396-97.
1257 - Enes Surkovic, T. 4401-02; Ex. Z2715: Report of the BiH Presidency State Commission for Gathering Facts on War Crimes in the Territory of RBH dated 17 July 1995.
1258 - T. 23482.
1259 - Allan Laustsen, T. 8501; Ex. D94/1.
1260 - T. 16083-84.
1261 - T. 16083-84.
1262 - Bono Drmic, T. 25654, lns. 3-8; 25662, lns. 22-25.
1263 - Witness V, T. 10387.
1264 - Witness V, T. 10372.
1265 - Witness V, T. 10420.
1266 - Witness V, T. 10424.
1267 - Bono Drmic, T. 25665, 25668.
1268 - T. 8359-68.
1269 - T. 8430.
1270 - T. 15968-70.
1271 - T. 15969-70.
1272 - Stipo Ceko, T. 23438-42.
1273 - Ex. D94/2.
1274 - Stipo Ceko, T. 23440-45.
1275 - Stipo Ceko, T. 23438-44, corroborated by Anto Bertovic, T. 25862-63.
1276 - Stipo Ceko, T. 23563-71, corroborated by Zeljko Sajevic, T. 23355-56.
1277 - Stipo Ceko, T. 23581-82.
1278 - Ex. D160/2, Tab 5, No. 4: (report by Srecko Petrovic, duty officer of the Viteska Brigade, explaining the situation as of 0700 hours on 16 April 1993.
1279 - Anto Bertovic, T. 25864. Anto Bertovic ordered the group in the hotel to remain there and be watchful. He did not order them to be moved because he did not want them to be disarmed by the ABiH or disturb the local population; T. 25865.
1280 - Anto Bertovic, T. 25869.
1281 - Anto Bertovic, T. 26003-04: (“The ratio [of] forces did not even allow such a thought. It would have been insane because the strength of the ABiH was higher than the HVO forces at that time.”).
1282 - Zeljko Blaz, T. 24105-06, 24113-14, 24117-18.
1283 - Vladica Babic, T. 26241-43, 26248. In cross-examination, Babic stressed that this equipment did not come from the government of Croatia despite being shown Ex. Z2490, which specified the delivery of logistics material from Croatia to HVO units in Kiseljak. T. 26271-72.
1284 - Ex. D96/2.
1285 - Ex. Z813.2.
1286 - Ex. Z383.1.
1287 - Vladica Babic, T. 26263-64.
1288 - T. 4081-82.
1289 - T. 4084.
1290 - T. 15883.
1291 - T. 4196, 4199-209.
1292 - Derogatory term for Muslims: T. 4214-15.
1293 - T. 4239-46.
1294 - T. 11691-92.
1295 - T. 11761-63.
1296 - See also Letter, 18 June 1993, from Mijic appointing Kraljevic his Deputy: Ex. Z1075.1.
1297 - T. 11697-700.
1298 - T. 11751-59. Col. Stewart’s diary says that he spent the night of 15/16 April in Zenica. In his evidence Col. Stewart said that having spent the night in Zenica he left at 7.15 a.m. and returned to Vitez by the mountain road: he did not pick anyone up on the way: T. 12312-14, 12406-08.
1299 - T. 11858.
1300 - Josip Buha, T. 18625.
1301 - Affidavit of Mario Santic.
1302 - The Defence called Mrs Mira Pocrnja as a witness in order to challenge the credibility of Anto Breljas on the ground that after she let him stay in her apartment in Vitez in the summer of 1993 he had allegedly lied, behaved badly in the flat, threatened her and slapped her in the face (T. 26073-76). However, Mr. Breljas had left her to move to the apartment of a young widow in the same building (T. 26086) and, although the witness denied having had any sort of affair with him (T. 26082) or giving evidence in order to settle accounts with him (T. 26087), the Trial Chamber found her evidence itself to lack credibility.
1303 - Ex. Z610.1, pp. 71-77.
1304 - Ibid., pp. 79-80.
1305 - Ibid., pp. 83-85.
1306 - Ibid., pp. 87-89.
1307 - Ibid., 91-94.
1308 - Ibid., 95-97.
1309 - Witness H, T. 4079.
1310 - Witness H, T. 4085-88.
1311 - Ibrahim Nuhagic, T. 13135.
1312 - Ibrahim Nuhagic, T. 13137, 13141, 13143, 13145.
1313 - Ex. Z2799.
1314 - Witness H, T. 4088.
1315 - Witness H, T. 4089-90.
1316 - Witness TW10, Blaskic T. 1214-15; Dr. Mujezinovic, T. 2191-92. The precise number of those killed was not clearly established by the evidence. Dr. Mujezinovic said that eight people were killed. Nihad Rebihic said that six people had been killed and produced death certificates for five of them: Ex. Z2210/9-13.
1317 - T. 8368-8371.
1318 - Dr. Mujezinovic, ibid.; Witness L, T. 6860; Witness AC, T. 12590. Fuad Zeco was detained in the Vitez Veterinary Station at the time. A guard told the detainees to go to the basement. They heard an explosion and the guard said: “With this, the question has been solved of the Muslims in the Vitez area”; T. 6520.
1319 - Sulejman Kalco, T. 15971-72.
1320 - Report from the RBH Crime Suppression Service, 2 June 1993, Ex. Z1009.1.
1321 - Major Friis Pedersen in the transcript of his testimony in Blaskic, admitted as Ex. Z2706.
1322 - Witness TW10, Blaskic T. 1216.
1323 - Sulejman Kalco, T. 15971-72.
1324 - Col. Morsink, T. 8016-17.
1325 - Col. Morsink, T. 8281.
1326 - Ex. Z702.
1327 - At Svinjarevo houses were put on fire and the mosque burnt down: nine civilians and five soldiers were missing after the attack. Only two houses (in which Croats lived) remained intact: Witness AM, T. 15585-87. Witness TW13 put the number of civilians killed at 10: Witness TW13, Blaskic T. 9699. Gominonica was shelled by the HVO and evacuated. HVO soldiers then plundered part of the village, taking everything they could before setting fire to the houses: Witness TW04, Blaskic T. 9244-47. The HVO attacked Gromiljak ejecting the inhabitants and setting fire to the houses: Witness TW26, Blaskic T. 8015-17. At 6 a.m. on 18 April the HVO attacked Polje Visnjica and quickly captured it from the small TO unit. Between 10-13 civilians were killed and 103 structures burned: Witness TW11, Blaskic T. 6718-19; Witness TW25, Blaskic T. 6614-16, 6633; Witness D, T. 2057-58.
1328 - Witness TW07, Blaskic T. 7931-34.
1329 - Ex. Z1888 is a map of the Kiseljak villages. Lt. Col. Landry listed the seven victims (two aged over 60 and one aged 16): T. 15299-300.
1330 - Witness TW07, Blaskic T. 7936.
1331 - Witness TW18, Blaskic T. 8295, 8337.
1332 - Report, Ex. Z847.
1333 - Major Baggesen, T. 7558-59.
1334 - Ex. Z610.1, p. 148.
1335 - Ex. Z733.
1336 - Prosecution Final Brief, para. 289.
1337 - Col. Watters, T. 5714-17; Ex. Z738.
1338 - Witness TW19, Blaskic T. 5291.
1339 - Witness TW28, Blaskic T. 5946.
1340 - Salih Hamzic, T. 13200-07.
1341 - Ex. Z2277.1-4, Ex. Z2281, Z2282.1-3: video recording, Ex. Z2258.
1342 - Witness TW28, Blaskic T. 5953-65: his report is Ex. Z728.
1343 - Witness TW06, Blaskic T. 5899-900. List, Ex. Z729.
1344 - A map was produced showing the area and direction of fire: Ex. Z2282.6.
1345 - Allan Laustsen, T. 8473, 8481-82 supported by that given by Major Baggesen, T. 7519-34. Town plan and list of facilities, Ex. Z2282.4-5; ECMM report Ex. Z728.
1346 - T. 7773.
1347 - John Hamill, T. 16184-91. Ex. Z2260.3.
1348 - John Hamill, T. 16191.
1349 - John Hamill, T. 16193-95.
1350 - John Hamill, T. 16195-96.
1351 - John Hamill, T. 16197-201.
1352 - Ex. Z726.3.
1353 - T. 21290-91, 21296-97, 21299-302; Expert Witness Statement, Dr. Slobodan Jankovic, dated May 29, 2000.
1354 - T. 21313.
1355 - Ex. Z738.
1356 - T. 15873-914. Photos of the burned Muslim houses and Mekteb in Gacice: Ex. Z1758, Z1760-63, Z1770.1-3, Z1771.2.
1357 - Ex. Z764.1.
1358 - Ex. Z749.
1359 - Ex. Z709.
1360 - T. 10081-82.
1361 - Ex. Z745; Ex. Z747.
1362 - Ex. Z769.
1363 - Ex. Z819.
1364 - T. 27627.
1365 - T. 27629.
1366 - Ex. Z610.1, p. 105.
1367 - Ibid., p. 113. (Emphasis added.)
1368 - Ibid., p. 121.
1369 - Ibid., p. 128.
1370 - Ibid., p. 140.
1371 - Ibid., p. 140.
1372 - Ibid., p. 142. (Igla was an operative concerned with artillery (as other entries make clear): See p. 160.)
1373 - Ibid., p. 143.
1374 - Ibid., p. 146.
1375 - Ibid., p. 148.
1376 - Ex. Z856.
1377 - Christopher Beese, T. 14087-88.
1378 - T. 14084; ECMM Report, Ex. Z840.
1379 - T. 15303-04; ECMM Report, Ex. Z857.3.
1380 - T. 14089-94.
1381 - Ex. Z840; Lt. Col. Landry said in evidence that he gathered that they had contacted Kordic: T. 15305.
1382 - Ex. Z610.1, p. 185.
1383 - Ibid., p. 190.
1384 - Witness CW1, T. 26771-72.
1385 - Diary, Ex. D151/1.
1386 - T. 12433-34.
1387 - T. 12435.
1388 - T. 12434.
1389 - T. 12434.
1390 - T. 14098.
1391 - Ex. Z692.2. A researcher from the Office of the Prosecutor, Marko Prelec, gave evidence that when researching the HVO archives in Zagreb in the summer of 2000, he had seen the original of this document with handwriting on the back in pencil: the witness had checked that the copy (which the Trial Chamber has) is correct: T. 27236-37. In cross-examination the witness said that the document came from a box of folders relating to 16 April 1993: T. 27281-82. The Trial Chamber notes that the document lacks a signature but has a filing or distribution stamp.
1392 - Ex. Z673.7.
1393 - Ex. Z692.3. Of this order, Anto Bertovic said, in re-examination, that it would require three strong battalions to carry it out; T. 25997.
1394 - Ex. Z671.4.
1395 - Ex. Z673.6.
1396 - Ex. Z671.5.
1397 - Prosecution Final Brief, para. 252.
1398 - Ex. Z590.
1399 - T. 7983-95.
1400 - Ex. Z823.1.
1401 - On 21 and 22 April 1993 Col. Blaskic had issued orders that the troops should comply with international humanitarian law: Ex. Z767, Z781; and in March, Blaskic had ordered brigade commanders to order an investigation of criminal and destructive conduct among the troops. This order was passed on to the 1st Battalion Commander by Mario Cerkez (Ex. Z553) and by the Battalion Commander (Ex. Z554). However, when Major Baggesen, one of the ECMM monitors, visited HVO sub-units the soldiers knew nothing of these orders and he did not See any sign that soldiers responsible for looting, etc., had been punished: T. 7588-90.
1402 - T. 5931-34.
1403 - T. 6347-48.
1404 - Witness AT, T. 27638.
1405 - Ex. Z882.3.
1406 - Dragan Calic, T. 26584-86.
1407 - T. 8008.
1408 - T. 8289-90.
1409 - T. 9302, 9329, 9346-47.
1410 - T. 8556-58, 8619.
1411 - Ex. Z673.6, Z673.7, 694.4.
1412 - See Zeljko Sajevic, T. 23293, 23336-37; Dragan Cickovic, T. 23659, 23768-69; Stipo Ceko, T. 23502, 24087-88.
1413 - See, e.g., Stipo Ceko, T. 23506-07 (listing the numerous groups operating in Vitez in April 1993, including the Zuti (from Nova Bila), the Tvrtkovci, the PZO, members of the Travnik and Jure Francetic Brigades, the Zenica Battalion, and others).
1414 - Zvonimir Bekavac, T. 24747-49. Marinko Palavra also testified that Darko Kraljevic and “his small team” were responsible for stealing computers, and were essentially thieves and criminals trying to avoid military service by conducting unofficial, covert activities for a shadowy organisation with no official function in Central Bosnia: T. 27071-72.
1415 - Ex. D311/1,Tab 6. See also Ex. D160/2, Tab 1, No. 7, 9, 12, 15, 16, 17 (orders issued by Mario Cerkez in the spring and summer of 1993, prohibiting the burning, looting and forced entry of houses and other buildings in the zone of responsibility of the Vitez Command).
1416 - Ex. Z997.2 (order from Colonel Blaskic dated 30 May 1993, commanding all units in a brigade’s zone of responsibility to subordinate themselves to the command and control of the brigade commander). Cerkez’ orders, Ex D160/2, Tab 1, No. 7, 9, 12, 15, 17.
1417 - Brig. Franjo Nakic, T. 17482.
1418 - Brig. Franjo Nakic, T. 17484.
1419 - Gordana Badrov, T. 26481 (discussing Ex. Z1134.2).
1420 - Zvonko Vukovic, T. 17745-47.
1421 - Dragan Calic, T. 26568-69.
1422 - Dragan Calic, T. 26569.
1423 - Marinko Palavra, T. 27082.
1424 - Marinko Palavra, T. 27083-84.
1425 - Marinko Palavra, T. 27084, 26972.
1426 - Stipo Ceko, T. 23499, 23596-98.
1427 - See Ex. D-60/2, D-85/2 and Witness CW1, T. 26907-08.
1428 - Ex. Z1406.1: Croatian HIS report sent to the late President Tuðman.
1429 - Report of Co-chairmen of the Steering Committee on the International Conference on the Former Yugoslavia, 5 Aug. 1993, Ex. D141/1.
1430 - Letter, Ex. Z1030.1.
1431 - Brig. Duncan, then a Lt. Col. and C.O. of the Prince of Wales’ Regiment which formed the British Battalion of UNPROFOR (Britbat), stationed in Vitez between May and November 1993: T. 9755-64.
1432 - T. 9759-60.
1433 - Ex. Z1044.
1434 - Ante Breljas, T. 11743.
1435 - ECMM Report, 20 June 1993, Ex. Z1085.
1436 - Text, Ex. Z1045.1.
1437 - Witness AA, T. 11614-15.
1438 - Brig. Wingfield Hayes, T. 16108-12.
1439 - T. 16158. ECMM Reports on the convoy, Ex. Z1040; Ex. Z1041; Ex. Z1041.1; UNHCR Report, Ex. Z1150.1.
1440 - T. 9761, 9764-67.
1441 - T. 10502-03.
1442 - Ex. D343/1/12.
1443 - Ex. D331/1/46.
1444 - Major-Gen. Filip Filipovic, T. 17062-66.
1445 - Major-Gen. Filip Filipovic, T. 17061-66; Major Darko Gelic, T. 17611.
1446 - T. 26773.
1447 - Ivo Vilusic, T. 22206, 22208; Brig. Franjo Nakic, T. 17327.
1448 - T. 17327.
1449 - T. 17612.
1450 - Major Darko Gelic, T. 17613-14.
1451 - Pavao Vidovic, T. 22098-99.
1452 - Witness AT, T. 27635-36.
1453 - Fr. Stjepan Neimarevic, T. 21997-001.
1454 - Fr. Stjepan Neimarevic, T. 21997-001.
1455 - Fr. Stjepan Neimarevic, T. 21997-001 (corroborated by the affidavit of Franjo Krizanac).
1456 - Major Franjo Ljubas, T. 18857.
1457 - Ex. Z1076.1.
1458 - Col. Morsink, T. 8110-11; Witness AD, T. 13021-22, 13025.
1459 - Witness AD, T. 13023-25; Col. Morsink, T. 8116.
1460 - Ex. D290/1.
1461 - Ex. D194/1.
1462 - Ex. D331/1/45.
1463 - Ex. D331/1/57.
1464 - Ex. Z1054.
1465 - Witness C, T. 827-840; Witness Q, T. 7698-7702. Ex. Z1963, 1963.4-6, 1963.8-9.
1466 - Zlatan Civcija, T. 18990-91.
1467 - Ex. D308/1/449.
1468 - Witness DB, T. 19061-62.
1469 - A witness, with experience in the JNA, identified the shelling as coming from Serb positions: Witness AF, T. 14049-50.
1470 - Witness AF, T. 14049-61. Ex. Z2104: photos of houses destroyed in Tulica, including the Mekteb. Witness TW15 said that the first shell hit the Mekteb.
1471 - Witness AN, T. 15665-78. Witness TW15 identified a man called “Pijuk” as one of the executioners who shot three men on the edge of a ravine. Witness TW15 also put the number of those killed at 12. Witness TW05 returned the next day to bury eight victims.
1472 - Witness AF, T. 14059-61; Witness AN identified some of the soldiers as coming from a unit called the “Devil’s Division”; T. 15657-61.
1473 - Witness TW08, Blaskic T. 8996; Witness TW12, Blaskic T. 9532; Witness TW16, Blaskic T. 8954.
1474 - Witness TW16, Blaskic T. 8950: Major Mark Bower watched part of the attack and saw the Muslim houses attacked and looted: T. 9222-23.
1475 - Kordic Final Brief, p. 3.
1476 - Witness Y, T. 11000-01, 11004-11, 11081-87, 11097-99.
1477 - Kordic Defence counsel, T. 11088-90.
1478 - Witness AD, T. 13099; Brig. Wingfield Hayes, T. 16168.
1479 - Brig. Wingfield Hayes, T. 16168.
1480 - See, for instance, R. v. Turnbull, (1977) 65 Cr. App. R. 242, a decision of the Court of Appeal of England and Wales.
1481 - Witness E, T. 2547-49.
1482 - The above account is taken from the evidence of Witness F, T. 3426-40, 3484-85; and Witness AH, T. 14430-38, 14452-55. Ex. Z2291.2 is a recording of a BBC TV programme showing the fighting in Zepce: Witness AH, T. 14434-35.
1483 - Ex. Z223.
1484 - Ex. Z299, Z307.
1485 - Ex. Z606.
1486 - Prosecution Final Brief, paras. 378-379.
1487 - Kordic Final Brief, p. 3.
1488 - Pavo Šljivic, T. 18730-31.
1489 - Pavo Šljivic, T. 18737-39.
1490 - Pavo Šljivic, T. 18739-42, 18752. Witness DA, a resident of a village near Kakanj, testified that her husband and three sons were executed by ABiH soldiers while they were being held captive: T. 18798-821. See also affidavit of Neven Maric, para. 10-14.
1491 - Pavo Sljivic, T. 18742.
1492 - Stjepan Tuka, T. 10139-40, 10143-44, 10153.
1493 - Ex. Z1149.1.
1494 - Ex. Z1151.
1495 - Ex. D141/1.
1496 - Ex. Z1179. On 21 August 1993, the ECMM reported a meeting with Dario Kordic who was confident of the Geneva proposals being accepted and said that his appointment would soon be that of Vice-President of the Bosnian-Croatian Republic: Ex. Z1176.2.
1497 - ECMM Report, Ex. Z1186.2.
1498 - Ex. Z1185.3.
1499 - Sulejman Kalco, T. 15979-80.
1500 - Brig. Duncan, T. 9786; Major Hay, T. 10294-95; Capt. Whitworth, T. 8588.
1501 - T. 9786.
1502 - Anto Breljas, T. 11744. The witness, in fact, said that they “participated” in the attack from a nearby church. However, it must be inferred that they commanded it. Capt. Whitworth congratulated Cerkez upon the attack: Cerkez agreed that it was a good attack but that he had not been responsible for the staff work and planning: T. 8585-86.
1503 - Milinfosum, Ex. Z1206.1.
1504 - T. 9784-86; C.O. Britbat, May-November 1993.
1505 - Ex. Z1209.1.
1506 - Ex. Z1213.
1507 - Report, Ex. Z1255.
1508 - ECMM Report, Ex. Z1178.1; Letter, Ex. Z1174.
1509 - ECMM Report, Ex. Z1259.
1510 - Witness W, T. 10902-03. ECMM Report, Ex. D192/1. However, the destruction at Kopjari was not on the scale of that at Stupni Do: Gen. Sir Martin Garrod, T. 13588-92.
1511 - The above account of the village is from the evidence of Witness W, T. 10889-906; Witness AI, T. 14531; Gen. Sir Martin Garrod, T. 13588. See Annex VI 7.
1512 - Rolf Weckesser, T. 9051-52.
1513 - Ekrem Mahmutovic, T. 3280-81.
1514 - Witness W, T. 10902-03.
1515 - Ekrem Mahmutovic, T. 3285.
1516 - Ekrem Mahmutovic, T. 3287.
1517 - Witness W, T. 10904-07.
1518 - Witness W, T. 10907-08.
1519 - Rolf Weckesser, T. 9048-51.
1520 - Ex. Z1296.1 is an article from Newsweek with a picture of the witness with the body of a person who looks as if he has been stabbed in the neck.
1521 - Major Mark Bower, T. 9225-28; Ex. Z.2048.2.
1522 - Ex. Z2048.5, .6, .7, .8.
1523 - Major Mark Bower, T. 9228-30.
1524 - Ekrem Mahmutovic, T. 3375-76; List, Ex. Z2047; Ex. Z2047.1-3 (death certificates and autopsy reports).
1525 - T. 26782.
1526 - Ex. Z1257.3.
1527 - Ex. Z1279.2.
1528 - Ekrem Mahmutovic, T. 3280; T. 3355.
1529 - Ex. D31/1, p. 9; T. 3281; T. 10925.
1530 - Witness W, T. 10932-33; Ekrem Mahmutovic, T. 3414; Pavao Vidovic, T. 22148.
1531 - T. 10907.
1532 - T. 22258-60.
1533 - Report, Ex. Z1254.1; Col. Stutt, T. 15152.
1534 - Report, Ex. Z1263.1; Col. Stutt, T. 15155-56.
1535 - ECMM Report, Ex. Z1419. Gen. Sir Martin Garrod, T. 13593-96 and Col. Stutt, T. 15201-03.
1536 - Report, Ex. Z1263.1.
1537 - Report, Ex. Z1284.1.
1538 - T. 13510-11.
1539 - T. 15160-61, 15213-15.
1540 - Prosecution Final Brief, para. 403. As an example of Rajic’s “re-emergence” the ECMM reported on 22 November 1993 that the HVO Kiseljak was commanded, for the time being, by somebody else but that “Ivica Rajic remains in location as an ‘adviser’”: Ex. Z1315.
1541 - Prosecution Final Brief, para. 404.
1542 - Witness C, T. 858-861.
1543 - Nihad Rebihic, T. 8383-86; Witness TW10, Blaskic T. 1222; Major Mark Bower, T. 9181-84.
1544 - On 2 November 1993 the ABiH attacked the town: the HVO put up no resistance and abandoned it: Gen. Sir Martin Garrod, T. 13519-20.
1545 - Lt.-Col. Carter, T. 9620-21.
1546 - Lt.-Col. Carter, T. 9659-62.
1547 - Gen. Sir Martin Garrod, T. 13555-57.
1548 - Witness Z, T. 11120-22, 11184. On 17 November 1993 a report was issued on the murder of two priests in the Fojnica monastery on 13 November: Ex. Z1309.1 and Ex. Z1313.1.
1549 - T. 11729.
1550 - An ITN TV broadcast, 22 November 1993: video recording, Ex. Z1315.5.
1551 - Col. Peter Williams, T. 13365.
1552 - Witness Z, T. 11139-40.
1553 - Ex. Z1279.
1554 - Report, Ex. Z1284.2.
1555 - Ex. Z1311.
1556 - T. 13382-83, 13429-31.
1557 - T. 11707-08. On the other hand, a defence witness, Anto Pojavnik, claimed that Kordic took no part in the fighting at Buhine Kuce: T. 25608.
1558 - T. 9630-34, 9686-87.
1559 - Ex. Z1356.4.
1560 - Ex. Z1364.6.
1561 - Ex. Z1342.4. Witness CW1 in his evidence claimed that the document was a forgery and that Dario Kordic was never an Assistant Chief: T. 26817-18.
1562 - Ex. Z1363, 1363.1, 1365.2, 1369, 1388.1. In his evidence Anto Puljic said that he only used the title for Kordic because it was used in the media: T. 22691. An explanation which the Trial Chamber does not accept.
1563 - Ex. Z1371. Witness DL in his evidence claimed that this order did not correspond to a Croatian document; T. 22917-19. Another explanation which is not accepted by the Trial Chamber.
1564 - Letter, Ex. Z1383.2.
1565 - T. 13382-85.
1566 - The witness said that the sources of information open to him from which he drew his conclusions included his four to five encounters with Dario Kordic himself, information from patrols and interpreters and information from the ABiH, HVO and local inhabitants. T. 12285.
1567 - Brigadier Grubesic, T. 28041.
1568 - T. 12298-300.
1569 - T. 5689-91.
1570 - T. 9720-28. The witness was commenting on an “Orbat” (order of battle) drawn up by his Intelligence Officer in June 1993, which included the HDZ with a link to the CBOZ: Ex. Z2653.
1571 - Ex. Z969.
1572 - Ex. Z631. The meeting was held in Travnik on 8 April 1993.
1573 - T. 13352-54. This was also his place at press conferences, shown, for instance, in video recordings of such conferences in March and April 1993: Ex. Z562, Z665.
1574 - Payam Akhavan, T. 5951.
1575 - Lt.-Col. Carter, T. 9624-29.
1576 - Witness AA, T. 11339-40.
1577 - Gen. Sir Martin Garrod, T. 13496.
1578 - Witness AA, T. 11319-21, 11338-40.
1579 - Mr. Brix Andersen, Deputy Head of Mission, ECMM (T. 10807-09). In a valedictory despatch of 16 June 1993 (Ex. Z1065, para. 16), the witness said: “In the Novi Travnik/Vitez/Busovaca area HVO preventing the movement of relief convoys answer only to Dario Kordic, Minister for Herceg-Bosna in the HVO Government, political leader, effective military commander in Busovaca”. The same paragraph also asserts that Kordic was a cousin of Mate Boban; an assertion, once relied on by the Prosecution, but subsequently disproved.
1580 - Prosecution Final Brief, para. 250.
1581 - Ibid.
1582 - T. 11710-11, 11775-77. Further evidence was given linking Dario Kordic with paramilitary groups. For instance, in June 1993 the Intelligence Officer of Britbat reported intelligence that the Jokers came under the direct control of Dario Kordic and local control of Tihomir Blaskic: Ex. Z881.1; Brig. Duncan, T. 9729-32, 10456-58. Witness AD, an ECMM Monitor, said he had seen armed groups in similar uniforms with a coherence about them, known as the Jokers and the Apostoli, and the person with whom they were most often connected was Dario Kordic: T. 13014-20. Witness AA gave evidence on the same lines, saying that Kordic seemed to have power and authority over all groups within the Croatian community, including paramilitary groups: T. 11322-32.
1583 - T. 16361-65.
1584 - T. 16407-08.
1585 - Ex. Z1209.
1586 - Ex. Z1253. A defence witness, Anto Puljic, said that he had picked up this title for Kordic from the media and adopted it: of the first document the witness said that he had also drafted it in this way so that it would have greater authority: T. 22687-92, 22724-28. However, in a report from Kordic and Ignac Kostroman of the “Branch office of the President of the HR H-B”, 7 December 1993 to Mate Boban in Grude on the situation in Central Bosnia, they complain (p. 6) that they have encountered a series of obstacles, including hypocritical questions about their status and legitimacy: they have given themselves the right to call themselves officials of the Branch Office of the President of the HR H-B in Busovaca and ask for his instructions: Ex. D343/1/18.
1587 - ECMM Report, Ex. Z1429.1. In 1995 the accused signed for the insignia of the rank of Brigadier: Ex. Z1466.2.
1588 - Ex. Z1477; list of honours Ex. Z1477.6: the honour was not awarded.
1589 - Witness CW1, T. 26677.
1590 - Witness CW1, T. 26733.
1591 - Witness CW1, transcript of evidence in Blaskic trial, T. 24169-71.
1592 - Prosecution Final Brief, para. 115.
1593 - Aerial photo, Ex. Z1862.1. Witness J, T. 4536.
1594 - List, 10 May 1993, Ex. Z928.
1595 - Witness B, T. 479-480; Witness G, T. 3909-12; Witness I, T. 4209-16; Witness J, T. 4539; Witness H, T. 4097-98; Dan Damon, T. 6670-71.
1596 - Edib Zlotrg, T. 1685-86: this witness lost 30 kilos in weight during his detention.
1597 - Witness J, T. 4548-52. Witness I was beaten at night and still suffers from the effects: T. 4216; Enes Surkovic could hear screams at night from the cells in which Arab prisoners were held: T. 4389-92, 4467.
1598 - Witness G, T. 3909-12.
1599 - Witness I, T. 4204-08.
1600 - T. 4092-95, 4103-09.
1601 - T. 16307-10.
1602 - Witness J, T. 4564-79; Edib Zlotrg, T. 1673-76; Major Phillip Jennings saw 10 to 15 Muslims, two or three of whom were women, digging trenches south of the T-junction at Kaonik on approximately 28 January 1993. Four HVO soldiers in camouflage, armed with Kalashnikovs, were with them: T. 8872-73; Col. Hendrik Morsink saw civilians digging trenches near Jelinak: T. 8043. Witness AS, a member of the HVO, saw prisoners digging trenches in the area of Putis: T. 16358. Witness T said that in 1993 he and a group of around 160 Muslims were compelled to dig trenches around Loncari and two were killed: T. 9474.
1603 - Witness G, T. 3985; T. 3909; McLeod, T. 4715 (Kaonik was a military prison under military jurisdiction); Dan Damon, T. 6671; Witness DI, T. 19840.
1604 - Witness T, T. 9468 (380 men were detained for three days); Jennings, T. 8869; Witness A, T. 366 (initially 500 but once men over 50 were released the next day only 400 remained); Witness AR, T. 16306 (the number over several days rose to 250); Witness DI, T. 19840; Witness O, T. 7200; Witness J, T. 4535; Witness AG, T. 14144; Witness T, T. 9468.
1605 - Witness A, T. 366.
1606 - Witness T, T. 9468; Witness DH, T. 19747; Ex. Z435.
1607 - Witness AR, T. 16318-19; Witness DH, T. 19780-81; Witness DG, T. 19692-93.
1608 - Witness AR, T. 16318; Brig. F. Nakic, T. 17443; Witness O, T. 7150-51; Z. Maric, T. 20103 (Muslim men were arrested for “security reasons”).
1609 - Witness O, T. 7151; Ex. D356/1, Tab. 1. Order of Col. Blaskic, dated 14 November 1992, to the Commander of the HVO HQs in Busovaca to build 15 cells for the purposes of the military prison. Witness O, T. 7151.
1610 - Witness J, T. 4540.
1611 - Witness AR, T. 16319.
1612 - I. Nuhagic, T. 13155; Witness O, T. 7200.
1613 - Out of eight people who testified that they were detained in Kaonik during this period, only two claimed they were mistreated (see, for example, Witness G, T. 3912-13, 3951, 3911; K. Didic, T. 4029-30; Witness H, T. 4088, 4090, 4092-93, 4096, 4097. Witness I, the only witness who claims to have been regularly beaten, was registered by the International Committee of the Red Cross (“ICRC”) shortly after his imprisonment, and never complained of maltreatment to Red Cross representatives; Witness I, T. 4207, 4232, 4233: he also was driven by the Superintendent, personally, to receive medical assistance, T. 4234-35.
1614 - Witness AC, T. 12606. Witness AC, T. 12608-12. Kadir Didic was detained in the Cinema on 17 April 1993 and taken to the basement where he found his Muslim neighbours, men of between 17 and 65 years of age, in the boiler room. There was no space to lie down. Initially there was no food provided and the detainees were only able to go to the toilet in an adjacent corridor. After several days he was transferred to the cinema hall where conditions were slightly better: T. 4014-20. Ex. Z767; Ex. Z805; Ex. Z807 and Ex. Z807/1 are documents signed by Tihomir Blaskic regarding the treatment of detainees in Central Bosnia: T. 4019-22.
1615 - Witness L, T. 6900; Witness AC said that HVO military police guarded the cinema; T. 12593. Witness S identified the guards as all HVO soldiers; T. 7951.
1616 - Witness AC was severely beaten with wooden and metal objects just prior to his release on 16 May 1993: Witness AC, T. 12611.
1617 - Kadir Didic, T. 4022; Ex. Z2229-1; Witness L, T. 6865-66; Witness TW17 in his transcript evidence described how they were taken from the cinema to Pirici and Krcevine to dig trenches: in both locations a man was killed: Witness TW17, Blaskic T. 2701-05, 2714-18.
1618 - Witness S, T. 7938-39.
1619 - Witness S, T. 7939-52.
1620 - T. 1681.
1621 - T. 6869-70.
1622 - T. 3992.
1623 - Ex. Z2765 is a photo of the veterinary station; Fuad Zeco, T. 6508-10.
1624 - T. 6516; Ex. Z2210.4, .5 are the death certificates.
1625 - Zdrako Zuljevic, T. 24393-94.
1626 - Mirsad Ahmic, T. 13824-25; Sulejman Kavazovic, T. 7365-67.
1627 - T. 13796-802.
1628 - Witness S, T. 7970-71, Ex. D20/2.
1629 - Witness AC, T. 12611.
1630 - Dragan Calic, T. 26576-77; Sulejman Causevic, T. 26182.
1631 - Ex. Z1625.1 is a video tape taken in the school, on which film Fuad Zeco recognised the school and even the spot where he was detained. The mural on the wall with the words “Black Legion” is a drawing of the emblem of the Vitezovi; T. 6530. Dan Damon also filmed in Dubravica school: the footage shows symbols of Croat nationalism such as the word “Ustasa” on the walls: T. 6636. AbdulahAhmic was also detained in Dubravica school: T. 3594-97.
1632 - These locations are marked on Ex. Z2767.
1633 - Fuad Zeco, T. 6523-28.
1634 - Anto Breljas, T. 11725-26, gave evidence that on the orders of Darko Kraljevic, explosives were placed around the school so that it could be blown up in the case of an ABiH attack: when the ABiH did attack on 20 April 1993 the attack ended in an ABiH withdrawal.
1635 - Fuad Zeco, T. 6530-32. The Defence called no evidence in relation to the conditions of detention in this facility.
1636 - T. 11717-24. On one occasion the witness received a cut-off ear from a member of the Vitezovi: T. 11724. Another prisoner, a judge from Travnik named Kemal Poricanin, was beaten badly and died in detention: T. 11726-27.
1637 - Ex. Z1760-3, Ex. Z1770 are photos of the burned Muslim homes and Mekteb in Gacice.
1638 - Dr. Muhamed Mujezinovic, T. 2199-2200; Witness G, T. 3902-03.
1639 - Fuad Zeco, T. 6530; Anto Breljas, T. 11725-26.
1640 - Witness C, T. 827-829; Witness Q, T. 7697-99.
1641 - Major Mark Bower, T. 9199.
1642 - Witness T, T. 9474.
1643 - Witness H, T. 4109.
1644 - Witness H, T. 4109-12.
1645 - Witness J, T. 4541-45, 4669.
1646 - Witness C, T. 854-55.
1647 - Witness AM, T. 15580-82.
1648 - Witness AJ, T. 14644.
1649 - Ex. D111/1, Milinfosum No. 99 of 7 Feb. 1993 and Ex. D49/1, Milinfosum No. 98 of 6 Feb. 1993.
1650 - Ex. D103/2.
1651 - Brig. F. Nakic, T. 17450-51.
1652 - Witness J, T. 4575, lns. 20-25.
1653 - Ex. D39/1, Criminal Complaint by the IV Battalion Military Police, Vitez, dated 11 Feb. 1993; Ex. D38/1, Request of the District Military Prosecutor for Investigation against Ivica Radman, Ivica Antolovic, Nedeljko Vidovic and Slobodan Frljic Suspected of Killing of Nermin Elezovic and Jasmin Sehovic, dated 16 Feb. 1993.
1654 - Kordic Final Brief, p. 480.
1655 - T. 7995, 8276-77.
1656 - T. 3906-08, 3997. Witness L also saw Cerkez once or twice when he was detained and, again when Cerkez told him that he would be released (which he was not): T. 6866-67.
1657 - T. 4307-09.
1658 - T. 6766-68.
1659 - Ex. Z734.1.
1660 - Ex. D307/1/248.
1661 - T. 27095-99. Ex. Z591.
1662 - T. 27099-109: (Col. Morsink on his recall on 16 Nov. 2000.)
1663 - T. 8020-21.
1664 - Ex. Z781.2.
1665 - Michael Buffini, T. 9335-36. The only evidence directly connecting Mario Cerkez with the work platoons is an order for their establishment in September 1993, signed by the Chief of the Vitez Defence Office, with what looks like Cerkez’s signature on the back according to Gordana Badrov, T. 26440-42: Ex. Z1199.3.
1666 - T. 27633-34.
1667 - T. 8379-83. Report of the Commission, 24 May 1993, Ex. Z2712.
1668 - T. 2199-2200.
1669 - T. 2343-46.
1670 - T. 6521-23.
1671 - T. 6865-68.
1672 - Zeljko Sajevic, T. 233312, 23320 (the IV Battalion Military Police ran the detention centre at the Vitez Cinema); Stipo Ceko, T. 23502 (the Viteska Brigade had no role in the detention of Muslims) and T. 23546-47.
1673 - Cerkez Final Brief, p. 52.
1674 - Gordana Badrov, T. 26428-29; Z. Sajevic, T. 23367-88 and D. Calic, T. 26570-71 (stating that the command did pass to the accused but only in August 1993, after these events); Ex. D152/2, D91/2.
1675 - Witness Y, T. 11004-13; Witness AN, T. 15679-80; photo of barracks, Ex. Z1894.1.
1676 - Witness TW09, Blaskic T. 9332-33; Witness AN, T. 15679-80.
1677 - Witness Y, T. 11011-12.
1678 - Witness Y, T. 11012-13; Witness AN, T. 15679-80.
1679 - Witness TW09, Blaskic T. 9328-35.
1680 - Witness TW12, Blaskic T. 9535-36.
1681 - T. 7566-70.
1682 - Major Baggesen, T. 7548-51.
1683 - As reported to the ECMM, Report, Ex. Z818.
1684 - Major Baggesen, ibid.; Col. Morsink, T. 8035-38, giving evidence of their visit to the village on 27 April 1993. Their report is Ex. Z818.
1685 - Witness TW20, Blaskic T. 8790-92.
1686 - Witness TW25, Blaskic T. 6653-59.
1687 - Witness Y, T. 11018-19.
1688 - Witness D, T. 2061-63; Remi Landry, T. 15298-300. Witness AJ spent time in detention in Rotilj and said the conditions were poor: he was staying in a weekend house with five families in total. Many had to do forced labour, including himself. There was no permanent HVO guard in the village although they came on occasion to collect people: T. 14643-45, 14649-51.
1689 - Witness F, T. 3437-40.
1690 - Witness AH, T. 14435-36; Witness AH, T. 14435.
1691 - Witness F, T. 3437-39.
1692 - Witness F, T. 3443-45.
1693 - Witness F, T. 3446; Witness AH could hear him screaming and said there were also other examples of maltreatment at night: Witness AH, T. 14440-41. Witness F was himself beaten by a military policeman while at the silos: T. 3455.
1694 - Witness F, T. 3443; Witness AH estimates that more than 100 prisoners were killed in the course of forced labour. Witness L compiled a list of 100 people killed in Zepce, which included people killed while digging trenches: Ex. Z2291.1.
1695 - Witness AH, T. 14441-44.
1696 - Witness F, T. 3451-52; Ex. Z1421.1.
1697 - Witness F, T. 3466. List of detainees from Zepce taken to HVO camps in Herzegovina, Ex. Z1362.
1698 - Witness C, T. 845-51.
1699 - Witness S, T. 7942-46.
1700 - Witness E, T. 2549-54.
1701 - Witness J’s evidence was that Zlatko Aleksovski (the Commander of Kaonik camp) told him in January 1993 that he could not release prisoners unless the paper was signed by Kordic, T. 4644; and Witness AC said that when he was in Kaonik in May 1993 a guard told him that Kordic had to approve the release or transfer or prisoners, T. 12608.
1702 - Ex. Z438.3.
1703 - E.g., Ex. D356/1,Tab 1.
1704 - See, e.g., Ex. D356/1,Tab 7.
1705 - Ex. D363/1.
1706 - Two locations, Divjak and Stupni Do, were deleted from Count 43 and Divjak from Count 44 by order of the Trial Chamber at the end of the prosecution case and the Trial Chamber determined that there was no case to answer on Count 39 (plunder of public or private property) in relation to the following locations: Merdani, Putis, Ocehnici, Kazagici, Behrici, Gromiljak, Visnjica, Pirici, Gacice; and Count 42 (plunder of public or private property) in relation to Nadioci and Pirici: Decision on Defence Motions for Judgement of Acquittal, 6 April 2000.
1707 - Ex. Z2799.
1708 - Lt. Col. Jean-Pierre Capelle, T. 13308-43.
1709 - Witness C, T. 7798-800; Witness P, T. 7267-70.
1710 - Ismet Halilovic, T. 14362-64.
1711 - Witness AG, T. 14138-39.
1712 - Witness J, T. 4524-26.
1713 - Col. Hendrik Morsink, T. 8075-76. Witness B said that all technical appliances were taken from his house during the HVO occupation: T. 483-484. Witness A gave evidence about the destruction of religious sites in Busovaca; T. 403-404; Ex. Z1803, 1804, 1805 are the photos.
1714 - Report to the RBiH Ministry of the Interior on the Security Situation in Busovaca Municipality: Ex. Z472.
1715 - Witness D, T. 2055.
1716 - Witness AN, T. 15640.
1717 - Witness D, T. 2057-58.
1718 - Witness TW11, T. 6720.
1719 - Witness TW25, T. 6639.
1720 - Witness TW13, T. 9696, 9701-02 (acording to Witness TW13, one house remained intact); Witness AM, T. 15586.
1721 - Witness TW04, T. 9262, 9264-64, 9269-72, 9278, 9280, 9311-15.
1722 - Witness TW11, T. 6722.
1723 - Remi Landry, T. 15299; Ex. Z793.
1724 - Witness AF, T. 14060. Witness AN saw houses burning and an HVO soldier pushing a wheelbarrow full of electronic equipment, including a television set, stereo and video-equipment. Other HVO soldiers were driving around in cars belonging to the villagers: T. 15665-66.
1725 - Witness TW15, T. 8639, 8668.
1726 - Witness TW08, T. 8984-85; Witness TW09, T. 9340; Witness TW12, 9531, 9533, 9546; and Witness TW16, T. 8939-40.
1727 - Witness TW08, T. 9003.
1728 - Witness G, T. 3897; Dr. Muhamed Mujezinovic, T. 2163; Nusreta Mahmutovic, T. 4283-84; Nihad Rebihic, T. 8339.
1729 - Edib Zlotrg, T. 1640; Witness AS, T. 16356; Dr. Muhamed Mujezinovic, T. 2180-81.
1730 - Anto Breljas, T. 11734-36.
1731 - Witness AC, T. 12575; See also Ex. Z332.1, a list compiled by Edib Zlotrg of incidents in Vitez, which contains various examples of destruction, stealing and looting of Muslim property.
1732 - Dr. Muhamed Mujezinovic, T. 2191; Ex. Z204.2 is a video which shows the damage. Ex. Z2534 are photos of the area affected by the bomb.
1733 - Edib Zlotrg, T. 1703.
1734 - Ex. Z2715.
1735 - Abdulah Ahmic, T. 3551-53.
1736 - Abdulah Ahmic, T. 3588.
1737 - Ex. Z1504-1523; Dan Damon, T. 6632-33; Charles McLeod, T. 2688-90.
1738 - Payam Akhavan, T. 5637-38.
1739 - Witness V, T. 10391-96.
1740 - Witness AP, T. 15876-77; photographs, Ex. Z1760-63.
1741 - Ibid.
1742 - Celebici Appeal Judgement, para. 400.
1743 - Decision on Defence Motion to Dismiss or Alternatively to Order the Prosecutor to Elect Between Counts, 1 March 1999, p. 2 (footnote omitted).
1744 - Prosecution Final Brief, Annex 5, para. 213.
1745 - Prosecution Final Brief, Annex 5, para. 222.
1746 - Prosecution Final Brief, Annex 5, para. 223.
1747 - Prosecution Final Brief, Annex 5, paras. 217-218.
1748 - Kordic Final Brief, Annex F, pp. F2-5.
1749 - Kordic Final Brief, Annex F, pp. F2-5.
1750 - Kordic Final Brief, Annex F, p. F-6.
1751 - Kordic Final Brief, pp. F-6-F-7.
1752 - Kordic Final Brief, pp. F-8-F-9.
1753 - Cerkez Final Brief, p. 90.
1754 - Cerkez Final Brief, p. 91.
1755 - Celebici Appeal Judgement, para. 412. The review of the Tribunal’s jurisprudence conducted by the Appeals Chamber revealed that, so far, the issue of cumulative conviction was addressed in connection with sentencing. In reaching its conclusion, the Appeals Chamber had regard to the Blockburger case, relied upon by the parties in this case. See Celebici Appeal Judgement, para. 409.
1756 - Celebici Appeal Judgement, para. 413.
1757 - Celebici Appeal Judgement, para. 413.
1758 - Celebici Appeal Judgement, para. 420.
1759 - Celebici Appeal Judgement, para. 423.
1760 - Celebici Appeal Judgement, para. 424. The Appeals Chamber also analysed the offences of torture under Article 2 and 3 of the Statute which are not relevant to the present case.
1761 - Counts 8 and 15, 9 and 16, 7 and 14.
1762 - Counts 10-13 and 17-20.
1763 - Counts 23 and 31, 24 and 32.
1764 - Counts 27 and 35, 28 and 36.
1765 - Counts 22 and 30, 21 and 29.
1766 - Counts 25 and 33, 26 and 34.
1767 - Kordic Final Brief, pp. 1-3.
1768 - Prosecution Final Brief, para. 437-38.
1769 - Kordic Final Brief, pp. 1-3.
1770 - Prosecution Final Brief, para. 448.
1771 - Prosecution Final Brief, para. 444.
1772 - Kordic Final Brief, pp. 1-3.
1773 - Prosecution Final Brief, paras. 454-57.
1774 - Cerkez Final Brief, p. 49.
1775 - Counts 7, 8, 10, 12 (only).
1776 - Counts 7, 8, 10, 12 (only).
1777 - See previous discussion in this Judgement of the Celebici Appeals Chamber’s endorsement of this finding by the Celebici Trial Chamber.
1778 - Celebici Appeal Judgement, para. 198.
1779 - Celebici Appeal Judgement, para. 256.
1780 - See previous discussion of the definition of a commander or superior at paragraph 192 of the Celebici Appeal Judgement.
1781 - Prosecution Final Brief, para. 498. Corrigendum, 20 Dec. 2000.
1782 - Prosecution Final Brief, paras. 483-88.
1783 - Ibid., paras. 467-78.
1784 - Kordic Final Brief, p. 11; Report, Ex. D369/1.
1785 - Cerkez Final Brief, pp. 116-119.
1786 - Report, Ex. D161/2.
1787 - A Trial Chamber may impose a single sentence for a number of offences. Under the latest revision of the Rules, Rule 87(C) permits a Trial Chamber “to exercise its power to impose a single sentence reflecting the totality of the criminal conduct of the accused”: IT/183, 12 January 2001, in effect from 19 January 2001.
1788 - Furundzija Appeal Judgement, para. 238; Celebici Appeal Judgement, paras. 715-18.
1789 - Aleksovski Appeal Judgement, para. 185.
1790 - Tadic Sentencing Appeals Judgement, para. 48; Celebici Appeal Judgement, paras 800-01.
1791 - Aleksovski Appeal Judgement, para. 185, citing a number of Judgements from both the International Tribunal and the ICTR.
1792 - Aleksovski Appeal Judgement, para. 182, citing the Celebici Trial Judgement, para. 1225. It also refers to the Kupreskic Trial Judgement, para. 852.
1793 - A measure of the gravity of offences is their nature, magnitude and the manner in which they were committed, the number of victims involved and the degree of suffering endured by the victims: Blaskic Trial Judgement, paras. 783-787. Also see Prosecutor v. Jean Kambanda, Case No. ICTR 97-23-S, Judgement and Sentence, 4 September 1998, paras. 56-57 (“Kambanda Trial Judgement”); Prosecutor v. Drazen Erdemovic, Case No. IT-96-22-Tbis, Sentencing Judgement, 5 March 1998, para. 15, (“Erdemovic Sentencing Judgement”); Celebici Appeal Judgement, para. 731.
1794 - Aleksovski Appeal Judgement, para. 183; Kambanda Trial Judgement, para. 44; also see Blaskic Trial Judgement, para. 789.
1795 - Tadic Sentencing Appeals Judgement, para. 56.
1796 - Erdemovic Sentencing Judgement, para. 16(i); Prosecutor v. Georges Ruggiu, Case No. ICTR-97-32-I, Judgement and Sentence, 1 June 2000, paras. 59-60 and 61-68.
1797 - Prosecutor v. Georges Rutaganda, Case No. ICTR-96-3-T, Judgement and Sentence, 6 December 1999, para. 472.
1798 - Erdemovic Sentencing Judgement, para. 16(i); Furundzija Trial Judgement, para. 284; Blaskic Trial Judgement, para. 778.
1799 - Kupreskic Trial Judgement, 840; Blaskic Trial Judgement, para. 759; Celebici Appeal Judgement, paras. 813, 816.
1800 - Kupreskic Trial Judgement, paras. 842, 844-845. Bosnia and Herzegovina abolished the death penalty in 1998 and introduced in its place a long-term imprisonment of 20-40 years “for the gravest forms of criminal offences […] committed with intention”: Tadic Sentencing Appeals Judgement, para. 12. Croatia adopted an identical provision in its 1997 Criminal Code.
1801 - Case No. K-91/84-61, 14 May 1986. (The sentence was confirmed by both the Supreme Court of Croatia and the Federal Court of the SFRY.)
1802 - Case No. IK No. 112/92, 26 June 1992.
1803 - Case No. IK No. 108/92, 14 July 1992. All the decisions referred to here are on file with the International Tribunal Library and are in English.
1804 - Case No. 24/85, District Court of Sabac, 2 October 1985.
1805 - Tadic Sentencing Appeals Judgement, paras. 31-32.
1806 - Ibid., para. 28.
1807 - Decision on the review of the Indictment, 10 Nov, 1995.
1808 - Warrants of arrest and order for surrender against Mario Cerkez sent to the Federation of Bosnia and Herzegovina, the Republic of Croatia and the Republic of Bosnia-Herzegovina, 10 Nov. 1995; Warrants of arrest and order for surrender against Dario Kordic sent to the Federation of Bosnia and Herzegovina, the Republic of Croatia and the Republic of Bosnia-Herzegovina, 10 Nov. 1995.
1809 - Order, 24 Dec. 1995.
1810 - Order on Prosecutor’s Motion for Leave to Withdraw the Indictment against Ivan Santic, 19 Dec. 1997 ; Order on Prosecutor’s Motion for Leave to Withdraw the Indictment against Pero Skopljak, 19 Dec. 1997. 
1811 - Decision on the Application of the Accused for Disqualification of Judges Jorda and Riad, 21 May 1998.
1812 - Decision on the Application for the Disqualification of Judges Jorda and Riad, 8 Oct. 1998.
1813 - Decision on Accused Mario Cerkez’s Application for Separate Trial, 7 Dec. 1998.
1814 - Decision on Defence Motions for Judgement of Acquittal, 6 Apr. 2000.
1815 - Decision on Application for Leave to Appeal, 5 Dec. 2000.
1816 - Decision on Joint Defense Motion Requesting Provisional Release, 22 Mar. 1999.
1817 - Order on Motion of the Accused Mario Cerkez for Provisional Release, 14 Sept. 1999.
1818 - IT/32/Rev. 17 issued 2 August 1999.
1819 - Order on Application by Dario Kordic for Provisional Release Pursuant to Rule 65, 17 Dec. 1999; Order on Defendant Mario Cerkez’ Application for Provisional Release Pursuant to Rule 65, 17 Dec. 1999.
1820 - Order on Provisional Release Application of Mario Cerkez, 23 Feb. 2001.
1821 - IT/73, as amended.
1822 - Decision of the Registrar, filed 10 Aug. 1999.
1823 - Decision on the Registrar’s Withdrawal of the Assignment of Defence Counsel, 3 Sept. 1999.
1824 - Notice by Trial Chamber III of Consent by the Accused Dario Kordic to Concurrent Legal Representation, 15 Feb. 1999.
1825 - Decision on Prosecutor’s Application on Rule 68 Material, 22 Nov. 2000.
1826 - T. 22973-74.
1827 - T. 3237.
1828 - Decision on Application for Leave to Appeal, 18 Aug. 1999.
1829 - T. 19713.
1830 - T. 11910.
1831 - T. 16487.
1832 - T. 14701-02.
1833 - T. 14702.
1834 - Decision on appeal regarding statement of a deceased witness, 21 July 2000.
1835 - T. 26533-34, 26664.
1836 - T. 20252.
1837 - Decision on Application for Leave to Appeal, 22 Sept. 2000.
1838 - Decision on the Prosecution Application to Admit the Tulica Report and Dossier into Evidence, 29 July 1999.
1839 - Decision on Dario Kordic’s Precautionary Application for Leave to Pursue an Interlocutory Appeal, 12 July 1999.
1840 - T. 3045.
1841 - Decision stating reasons for Trial Chamber’s ruling of 1 June 1999 rejecting defence motion to suppress evidence, 25 June 1999.
1842 - Decision on Application for Leave to Appeal, 23 Aug. 1999.
1843 - Dario Kordic’s Response to Prosecution’s Report on Audio-tape Handling of Evidence, filed 7 June 2000.
1844 - T. 18539 – 41.
1845 - T. 18713.
1846 - T. 19102.
1847 - Prosecutor’s Report on Audio-tape Handling of Evidence, filed 25 May 2000.
1848 - T, 21980.
1849 - Accused, Dario Kordic’s Supplemental Submission regarding Audio-tape Evidence, filed 12 Dec. 2000.
1850 - T. 27954.
1851 - T. 23206.
1852 - T. 24382.
1853 - Prosecutor’s Submissions concerning witness list, rebuttal exhibits, "Zagreb exhibits" and Presidential Transcripts, filed 30 Oct. 2000.
1854 - Decision on Prosecutor’s submissions concerning "Zagreb Exhibits" and Presidential Transcripts, 1 Dec. 2000.
1855 - Decision on Admission of Prosecution Rebuttal Exhibits, 11 Dec. 2000.
1856 - Decision On Admission Of Rejoinder And “Zagreb Materials” And One Additional Exhibit On Behalf Of Accused Dario Kordic, 11 Dec. 2000.
1857 - Decision on Additional and Rejoinder Documents on Behalf of Accused Mario Cerkez, 11 Dec. 2000.