1 - See e.g., Prosecution exhibit (hereafter “P”) 30, Report of the Secretary-General Pursuant to General Assembly Resolution 53/35: The fall of Srebrenica, UN Doc. A/54/549, 15 November 1999 (hereafter “Secretary-General’s Report”).
2 - See Mr. Nesib Mandzic, Transcript at page (hereafter “T.”) 963 (testifying that some 25,000 Bosnian Muslim refugees had gathered in Potocari); P 404/88 (Report of Karremans dated 12 July 1995 stating that, as of that date, 17,500 people had gathered in and around Potocari); P 77/26 (UNMO fax dated 13 July 1995 reporting that 10,000 refugees had been already transported with a further 20,000-25,000 to follow).
3 - Throughout this Judgement, the term “military aged” is used to describe the group of men who were captured and executed following the take-over of Srebrenica. It is a misnomer to the extent that some boys who were several years younger and some men who were several years older than would generally be considered “military aged” were included within this group. Consequently, the term should be understood in its broadest, non-technical sense as including the men and boys who were broadly defined by the Bosnian Serb authorities as being within the vicinity of military age.
4 - See e.g., Prosecution v. Tadic , Case No.: IT-94-1-T, (hereafter “The Tadic Judgement”) paras. 53-126.
5 - Tadic , paras. 56-57; Secretary-General’s Report, paras. 17-18.
6 - Secretary-General’s Report, para. 33. The term “municipality” is an expression used to describe the larger area around a town and is equivalent to a “county” or a “canton”.
7 - See e.g., Witness S, Transcript, pages (hereafter “T.”) 3282-3283.
8 - General Radovan Radinovic (hereafter “Radinovic”), T. 8108.
9 - Radinovic, T.7812-7813.
10 - General Sefer Halilovic (hereafter “Halilovic”), T. 9459-9451.
11 - Secretary-General’s Report, paras. 33-38. The Trial Chamber has relied upon the Secretary-General’s Report as an accurate recounting of the events leading up to the take-over of Srebrenica, at least on matters where no contrary evidence has been presented at trial.
12 - Ibid, para. 37.
13 - Ibid.
14 - Ibid. para. 38.
15 - Ibid. para. 39.
16 - Ibid. para. 54.
17 - UN Doc. S/RES/ 819 (1993).
18 - UN Doc. S/RES/ 824 (1993).
19 - Secretary-General’s Report, paras. 59-65. A preliminary agreement was signed on 18 April 1993, followed by a more comprehensive agreement on 8 May 1993. See id. See also Halilovic, T. 9445, 9448.
20 - Halilovic, T. 9465.
21 - Secretary-General’s Report, para. 60.
22 - See Secretary-General’s Report, para. 226.
23 - See Secretary-General’s Report, para. 230.
24 - See Secretary-General’s Report, para. 230.
25 - See e.g., Secretary-General’s Report, para. 230; Colonel Joseph Kingori (hereafter “Kingori”), T. 1813-1814; Major Robert Franken (hereafter “Franken”), T. 2008-2009; Captain Vincentius Egbers (hereafter “Egbers”), T. 2207; Witness C, T. 1150-1151; and General Enver Hadzihasanovic (hereafter “Hadzihasanovic”), T. 9509.
26 - See, e.g., Kingori, T. 1813-1814; Franken, T. 2007; Egbers, T. 2206-22094; and Witness C, T. 1150-1151. See also Hadzihasanovic, T. 9513-9516 and Court Witness Exhibit (hereafter “C”) 2, and C 3.
27 - General Radislav Krstic (hereafter “Krstic”) T. 6054.
28 - The Trial Chamber heard varying estimates of the number of men in the 28th Division. The military expert called by the Defence, General Radinovic, made several estimates: Radinovic, T. 7913 (10,000 men (including about 8,000 armed men); Defence Exhibit (hereafter “D”) 160, (hereafter “Radinovic Report”), para. 2.9, (stating that the 28th Division consisted of between 10,000 and 12,000 men); and Radinovic, T. 8188-8189 (referring to intelligence information from the Milici Brigade suggesting there were between 5,000 and 7,500 men in the 28th Division). . General Enver Hadzihasanovic, who in July 1995 was the Chief of Staff of the Main Staff of the ABiH, testified that the 28th Division in Srebrenica had 5,803 men, which was 102 % of the actual requirement according to military doctrine. See Hadzihasanovic, T. 9513; and C 1.
29 - See e.g. Defence Witness DF, T. 8507, and T. 8507-8508; and D 30, D 33, D 34, D 35, D 37, D 51, D 54, D 60, D 59, D 62, D 93, and D 94 See also Krstic, T. 7557 (regarding the ABiH’s Operation Skakavac (“grasshopper”), involving sabotage activities within a broader area of Bosnia under the control of the VRS, and including the Srebrenica and Zepa “ safe areas ”).
30 - See eg. P 122, p. 63, (testimony of Colonel Thomas Karremans (hereafter “Karremans”) at the Rule 61 Hearing, stating that after 26 April no convoy came at all); Karremans, T. 3299-3306, 3322-3325; and Captain Johannes Rutten (hereafter Rutten), T. 2104-2107.
31 - Karremans, T. 3301-3302.
32 - See, e.g.,, Kingori, T. 1811-1812.
33 - Halilovic, T. 9467.
34 - Halilovic, T. 9466. See also Secretary-General’s Report, para. 61.
35 - Halilovic, T. 9466 and Secretary-General’s Report, para. 61.
36 - Halilovic, T. 9466-9467.
37 - See generally, Krstic, T. 6033 and Radinovic, T. 7836 ff.
38 - Radinovic, T. 7840-7842. See also D 123, D 124, D 125, and D 126 (regarding helicopter flights, and landings in the “safe areas” by the ABiH). Mr. Butler, accepted that Bosnian Muslim military units continued to operate out of the safe area ” after its establishment. Butler, T. 5374. See also Hadzihasanovic, T. 9518.
39 - Defence Witness DA, T. 6874-6875, 6877; and Krstic, T. 6088-6089.
40 - Krstic, T. 5984. See also: D 27, D 47, D 49, D 48, D 74, and D 52 (regarding the procurement of weapons and materiel by the ABiH in the “safe areas”); D 70 (regarding the arrival of soldiers from the 28th Division in Zepa); D 44, and D 45 (regarding the use of helicopters to bring in arms to the “safe areas”); and Krstic, T.6008-6013 and D 39, (regarding the ABiH plan to disarm UNPROFOR and take their weapons).
41 - Krstic, T. 5993-5994. See also D 55, and D 33.
42 - Radinovic, T. 7840-7842.
43 - Halilovic, T. 9467-9468.
44 - P 122, pp. 62-66, 67 (testimony of Colonel Karremans).
45 - Captain Leendert van Duijn (hereafter “van Duijn”), T. 1772-1773.
46 - Van Duijn, T.1774.
47 - P 425.
48 - P 425, p. 10.
49 - Ibid., p. 14.
50 - P 898 (Requesting that constant efforts be made to deblock the humanitarian corridor); P 899 (dated 6 July 1995, reporting that “The situation continues to be exceptionally difficult. The food convoy announced for today has not arrived. The first people to die of hunger in the area of Srebrenica after the demilitarisation were registered today.”); P 900 (dated 7 July 1995, reporting that “The humanitarian situation is worrying. Today more civilians have been registered as having died from hunger…”); P 901 (dated 8 July 1995 reporting that “This situation is also dramatic and practically hopeless. The civilian population is dying of hunger…we will very soon be forced to abandon this area because of a lack of food.”; P 902 (dated 9 July 1995, reporting that the “ humanitarian situation is catastrophic…”).
51 - P 426.
52 - Secretary-General’s Report, para. 225.
53 - P 428.
54 - P 428, and Radinovic, T. 7916.
55 - Witness B, T. 844-847.
56 - Witness B, T. 854.
57 - P 432.
58 - P 77/18 (UNMO report-containing the threat made by the Bosnian Serbs that, if NATO action continued, everything inside the enclave would be bombed); and P 403, Mr. R. Butler, Srebrenica Military Narrative-Operation “Krivaja 95”, 15 May 2000, (hereafter “ Butler Report ”), para. 3.17.
59 - Halilovic, T. 9495.
60 - Halilovic, T. 9453, 9492.
61 - The Trial Chamber viewed a film made by Dutch television about the circumstances surrounding the take-over of Srebrenica suggesting such an agreement. See T. 9479 ff.
62 - P 145.
63 - Van Duijn, T. 1741; P 127, pp. 34-35; Witness G, T. 1643.
64 - Franken, T. 2048, 2085.
65 - See, e.g., Captain Eelco Koster (hereafter “Koster”), P 127/A, p. 35-36; Vaasen, T. 1397; Kingori, T. 1833; Karremans, T. 3330-3331.
66 - Van Duijn”, T. 1748.
67 - Ms. Camila Omanovic (hereafter “Omanovic’’), T. 1090-911093.
68 - Witnesses testified that once the television cameras were switched off, the sweets were taken away from the children. See Vaasen, T. 1414; Rutten, T. 2125; Witness F, T. 1521.
69 - Rutten, T. 2115; Mandzic, T.994; Omanovic, T. 1091-93; van Duijn, T. 1779-1780; Witness G, T. 1638-1642; Ms. Hava Hajdarevic (hereafter “Hajdarevic”), T. 2581.
70 - Mr. Nesib Mandzic (hereafter “Mandzic”), T .994.
71 - Mr. Bego Ademovic, (hereafter “Ademovic”) T. 1589.
72 - Witness H, T. 1683-87.
73 - Franken. T. 2052; Witness B, T. 908; Witness G, T. 1642-1648; Witness H, T. 1688-92; Ademovic, T. 1590-97.
74 - Witness H, T. 1688-89.
75 - Ademovic, T. 1590-1591, 1593-96.
76 - See, e.g. Mandzic, T. 995; Omanovic, T. 1109-1110; Ms. Mirsada Malagic (hereafter “Malagic”) T. 1957-1958; Witness H, T. 1692-95, Hajdarevic, T .2585-2586.
77 - Mandzic, T. 994; Ademovic, T. 1598-99; Malagic T. 1954-1955; Witness H, T. 1692-1695.
78 - Witness T, T. 3432-3434.
79 - Lance Corporal David Vaasen (then-Private First Class) (hereafter “Vaasen”), T. 1429-30.
80 - Vaasen, T. 1431.
81 - Omanovic, T. 1132; Ademovic, T. 1588.
82 - Malagic T. 1959-1960; Omanovic, T. 1113, 1117-1119; Witness B, T. 914-915.
83 - Omanovic, T. 1113; Mandzic,T. 997.
84 - Omanovic, T. 1114; Witness E, T. 1349; Rutten, T. 2139-2140; See also Franken, T. 2052; Koster, P 127, p.44.
85 - Witness B, T. 894-98.
86 - Omanovic, T. 1129-30; See also, e.g., Ademovic, T. 1603 (expellees were not given a choice about whether to stay or where to go).
87 - Witness G, T. 1643-1648; See also Kingori, T. 1881-85 (it was forced transport with the destination determined by the Bosnian Serbs).
88 - One witness testified about unconfirmed information that suggests approximately 1,000 women, most of them young, did not arrive in Kladanj from Potocari. See Malagic, T. 1991. Fragments of the Trial Record suggest that, at various points throughout the journey, women, particularly young attractive women, were pulled off the buses by Bosnian Serb forces, their ultimate fate unknown. e.g. Witness D, T. 1279-1280. However, the Prosecution did not pursue this matter and did not Seek to include this in the criminal conduct for which the defendant was alleged to be responsible.
89 - Malagic, T. 1981-82.
90 - Witness C, T. 1187.
91 - Franken, T. 2031 (testifying that Dutch Bat lost about 15-16 jeeps); Rutten, T. 2130, 2131, 2154; Witness G, T. 1650-59.
92 - Franken, T. 2031.
93 - P 459 (Report prepared by Colonel Jankovic of the VRS Main Staff, dated 13 July 1995).
94 - Vaasen, T. 1478.
95 - Witness H, T. 1685, 1695, 1716-1717; Omanovic, T. 1130-1131.
96 - Van Duijn, T. 1761-1762.
97 - Vaasen, T. 1418-1419; Franken, T. 2038-2039; Witness C, T. 1182; Witness F, T. 1511; Witness G, T. 1643-1644; Omanovic, T. 1105-1106; Witness E, T. 1350; Malagic, T. 1966; and Mandzic, T. 992, 1005-1006. Witness B recalled that the separation process may not have begun until after the first few buses had already been filled up. Witness B, T. 898.
98 - See, e.g., Witness B, T. 898; Kingori, T. 1844-1849, 1857.
99 - Witness I, T. 2371.
100 - Witness DD, T. 5754-55.
101 - Witness D, T. 1261.
102 - Franken, T. 2046-2047.
103 - Vaasen, T. 1438.
104 - Corporal Groenewegen testimony, P 32, .62. See also Kingori, T. 1852; Franken, T. 2052; and Witness G, T. 1642-48.
105 - The role of UNMOs was to monitor violations of cease-fire agreements and also to provide humanitarian support. Unlike UNPROFOR, the UNMOs were unarmed. See Kingori, T. 1799-1800.
106 - Kingori, T. 1850-51; See also Franken, T. 2040 (UN soldiers not allowed to investigate sounds emanating from the White House).
107 - See the further discussion on the transportation of the Bosnian Muslim men from Potocari Infra paras. 156-161.
108 - Hadzihasanovic, T. 9527-9528.
109 - Witness L, T. 2654; Mr. Enver Husic (hereafter “ Husic ”), T.2640. See also Hadzihasanovic, T. 9594-9595.
110 - Hadzihasanovic, T. 9528 (putting the number of men in the column at between 12,000 and 15,000 people and the length of the column at between 12 and 15 kilometres).
111 - See, e.g., Butler, T. 5318 (one-third were soldiers, but only 1,000 had weapons);. Cf. Witness P, T. 2944 (one-third of the men were armed); Witness S, T. 3240 (about one third of the men were armed with hunting rifles and similar weapons).
112 - Hadzihasanovic, T. 9528.
113 - Witness K, T. 2503, 2509.
114 - Hadzihasanovic, T. 9528-9529.
115 - Hadzihasanovic, T. 9530.
116 - Butler, T. 5453-5454.
117 - See, e.g., Witness J, T. 2450.
118 - Witness P, T. 2946.
119 - Witness K, T. 2504; Egbers, T. 2224-2225.
120 - Witness M, T. 2766; Witness P, T. 2292-93.
121 - Witness Q, T. 3018; Witness R, T. 3198; Witness O, T. 2866; Witness S, T. 3246-3247.
122 - Witness R, T. 3192-3193, 3198-3202; Witness P, T. 2957; Husic, T. 2634-2635. See also Mr. Andere Stoelinga, T. 2299-2300.
123 - See, e.g., Witness J, T. 2439-2497; Witness K, T. 2497-2571; Witness L, T. 2647-2731; Witness O, T. 2860-2938; Husic, T. 2598-2646; Witness P, T. 2940-3014; Witness Q, T. 3015-3051.
124 - See, e.g., Ademovic, T. 1607 (1,000 men at the Nova Kasaba football field); Malagic, T. 1974-75 (long column of prisoners between Sandici and Kravica, and a large group in a meadow, with their belongings heaped by the road); Hajdarevic, T. 2587-2588 (many prisoners with their hands behind their heads near Kravica and Sandici); Egbers, T. 2226 (football field at Nova Kasaba was entirely filled with men, sitting on their knees with their hands behind their heads, surrounded by soldiers); Witness Q, T. 3025 (saw crowd of prisoners in Sandici from bus); Witness E, T. 1354, 1356 (a total of approximately 300-400 prisoners at Kravica and in a meadow between Konjevic Polje and Nova Kasaba).
125 - P 12/2; P 12/4; Butler, T. 4925-4928; P 490; P 491; P 492; P 493; P 494; P 495; P 496; P 497; and P 498.
126 - Hadzihasanovic, T. 9529.
127 - Hadzihasanovic, T. 9529-9530.
128 - Witness N, T. 2801.
129 - Witness I, T. 2374.
130 - Witness N, T. 2802; Witness I, T. 2374 (old school).
131 - Witness L, T. 2668; Witness N, T. 2804; Witness Q, T.2957; Witness I, T. 2377.
132 - See, e.g., Witness Q, T. 3033, 3035-3036 ; Witness L, T. 2690 (when a wounded man at the Orahovac site asked to be finished off, the Serb soldier replied “slowly, slowly”).
133 - See generally the discussion Infra paras. 195-253.
134 - See P 140 D. Manning, Srebvenica Investigation: Summary of Forensic Evidence-Execution Points and Mass Graves, 16 May 2000 (hereafter “Manning Report”) p. 00950906
135 - This gravesite is part of the Lazete 2 site exhumed in 1996, but is treated as a separate site for present purposes.
136 - Manning Report, p. 00950925 and D. Manning, Srebrenica Investigation: Summary of Forensic Evidence-Mass Graves Exhumed in 2000, February 2001(hereafter “Additional Manning Report”) p 7601. The Additional Manning Report was filed as part of the “Motion to Reopen the Prosecutor’s Case for the Limited Purpose of Introducing Four Expert Reports and a Summary Report of Fresh Exhumations Evidence” dated 15 March 2001. The Trial Chamber issued an oral order that these four expert’s reports be admitted into evidence on 4 April 2001. See T. 9423. The Report was subsequently tendered as P 897.
137 - Additional Manning Report, p. 7601.
138 - See P 144 (Laboratory Report on Automated Ballistic Comparison, prepared by United States Bureau of Alcohol, Tobacco and Firearms, Forensic Science Laboratory, 24 February 2000); P 179 (Statement of Antony G. Brown, Palynologist 6 January 1998); P 180 (Statement of Antony G Brown, Palynologist 26 February 1999); P 143 (Report on Textile Investigation, prepared by Ing. S.E. Maljaars, Ministy of Justice, Netherlands Forensic Institute, 11 February 2000). See also Mr. Dean Manning (hereafter “Manning”), T. 3593.
139 - Professor Jose Baraybar (hereafter “Baraybar”) T. 3781-3895; Professor Helge Brunborg, (hereafter “Brunborg”) T. 4036-4100; Dr. John Clark, (hereafter “Clark”) T. 3896-3972; Professor William Haglund, (hereafter “Haglund”) T. 3723-3780; Dr. Christopher Lawrence, (hereafter “Lawrence”) T. 3974-4034 ; Manning, T. 3542-3626, 4141-4150; Mr. Jean-Rene Ruez, (hereafter “Ruez”) T. 3465-3541; and Professor Richard Wright, (hereafter “Wright”), T. 3632-3721.
140 - D 172 (Forensic Opinion dated 17 October 2000, by Doc. Dr. sc. Med. Zoran Stankovic, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA (hereafter “ Stankovic Report”) and D 172 (Forensic Opinion dated 18 April 2001 by Doc. Dr. sc. Med. Zoran Stankovic, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA, (hereafter “Additional Stankovic Report”).
141 - Additional Manning Report p. 7614.
142 - Manning, T. 3579-3580, 3588-3592. Identification items uncovered during the exhumations conducted in 2000 further revealed the presence of individuals listed as missing by the ICRC list cross-referenced with other sources. See Additional Manning Report, p. 7600-7597.
143 - P 132/95, and P 132/95A. See also Manning T. 3580-3582.
144 - P 132/93, and P 132/93A. See also Manning, T. 3583-3584.
145 - P 132/1, and P 132/18. See also Manning, T. 3589-3590, and 3592.
146 - P 132/110. See also Manning, T. 3588-3589. Artefacts demonstrating Muslim religious affiliation were also identified in three of the gravesites exhumed in 2000. Additional Manning Report pp. 7600-7597.
147 - Brunborg, T. 4071.
148 - Brunborg, T. 4070.
149 - Baraybar, T. 3811-3812. Additional Manning Report, p. 7613.
150 - P 276 (H. Brunborg and H. Urdal, The Report on the Number of Missing and Dead from Srebrenica), p. 00926384, Figure 3. This figure only includes exhumations conducted up to the year 2000.
151 - The sites were: the primary grave at Branjevo Military Farm and the related secondary grave of Cancari Road 12; the primary grave at Orahovac (known as Lazete 2), and the three connected secondary graves at Hodzici Road 3, Hodzici Road 4 and Hodzici Road 5 ; and the Kozluk grave and the associated secondary grave at Cancari Road 3. Manning T.3569-3570. In addition, during the exhumations conducted in 2000, blindfolds were found at Lazete 2C and Lazete 1. Additional Manning Report, p. 7601.
152 - The sites were: the primary grave at Cerska; the primary grave of Nova Kasaba exhumed in 1996; the primary grave of Orahovac (Lazete 2) and its related secondary site of Hodzici Road 5; the primary grave of Branjevo Military Farm, and the related secondary grave at Cancari Road 12; the primary site of Petkovci Dam and its related site of Liplje 2; the primary grave of Kozluk and its associated secondary grave of Cancari Road 3; and the secondary site of Zeleni Jadar 5. Manning, T. 3579-3576. In addition, during the exhumations conducted in 2000, ligatures were found at Lazete 2 C, and Glogova 1. Additional Manning Report, p 7601.
153 - Manning, T. 3576.
154 - Manning, T. 3565. The results of the additional exhumations conducted in 2000 continued to reflect this pattern. See Additional Manning Report.
155 - See e.g. P 219 (an individual with a prosthetic leg and his hands tied behind his back). See generally, Lawrence, T. 3987-3989; and Clark, T. 3912-3913, 3939-3940.
156 - Stankovic Report, p 13. See also Additional Stankovic Report, p 8174.
157 - Stankovic Report, p 10-11.
158 - Clark, T. 3958.
159 - Manning Report, T. p. 00950924. See also the Additional Manning Report p. 7606 (regarding the Ravnice primary grave, which is also located close to the Konjevic Polje to Bratunac Road, and in which no ligatures or blindfolds were uncovered. In addition, this is an undisturbed primary gravesite, which further suggests that the victims may have been combat casualties. See the discussion Infra para. 78).
160 - Stankovic Report, at p. 11.
161 - The statistics relating to the forensic examinations conducted at these individual gravesites will be considered more closely in the Part IIB.
162 - Ruez, T. 3534.
163 - Manning, T. 3614-3615 and See also Additional Manning Report p. 7601.
164 - Krstic, T. 6489.
165 - As Baraybar (a Prosecution forensic expert) pointed out, the minimum number of individuals within the grave is a very conservative estimate. Baraybar, T. 3811.
166 - Baraybar, T. 3844. Four additional gravesites were exhumed in 2,000, reducing the number of unexhumed sites from 22 to 18. Prosecution experts estimate that a minimum of 2,571 further bodies are located in probed, but as yet, unexhumed gravesites. On the basis of their investigations to date, the Prosecution estimates that the total number of bodies detected in the mass graves is 4,805. See Additional Manning Report, p. 7614. This estimate was, however, contested by the Defence. See Additional Stankovic Report, p. 8179.
167 - Brunborg, T. 4067. The final list prepared by the OTP refers to 7,481. This discrepancy is explained by the fact that information from the International Committee of the Red Cross revealed that six people on the list have been found alive, but the ICRC was not at liberty to disclose the names.
168 - Brunborg, T. 4078-4079.
169 - P 523.
170 - Franken, T. 2050.
171 - P 478 (A conversation intercepted at 1000 hours in which Colonel Beara stated he still had 3,500 “parcels” to distribute.); P 675 (Interim Combat Report dated 18 July 1995, sent by the Commander of the Zvornik Brigade stating that “someone brought in 3,000 Turks of military age and placed them in schools in the municipality”).
172 - P 684.
173 - Butler, T. 5205.
174 - Butler, T. 5105, 5128-5120, 5520-5522.
175 - Butler, T. 5513.
176 - Final Submissions of the Accused, 21 June 2001 (hereafter “Defence Final Brief”), para. 140.
177 - P 459. Colonel Jankovic further noted “I think if we want to take over the enclaves of Zepa and Gorazde in the same way, it will be necessary to present the operation in Srebrenica in the media, so as to show that we had rendered adequate treatment to the civilians, and even to soldiers who surrendered their weapons.” There is evidence that, following the period of the mass-executions, wounded Bosnian Muslim men, who were in VRS custody, were properly treated. In a communication on 17 July 1995, the Commander of the Zvornik Brigade sought assistance from the Drina Corps Command to arrange for the removal of wounded Bosnian Muslim prisoners from the Bratunac health centre to Bijeljina. See P 370. Mr. Butler also testified that, by 22 July 1995, the policy of executing the Muslim prisoners had been abandoned. See Butler, T. 5233-5234, 5340, 5525-5526. Such a policy change is not surprising. By this time, word that the Bosnian Serbs had orchestrated mass executions of Bosnian Muslim men following the take-over of Srebrenica had been widely publicised.
178 - See for example, the discussion Infra para. 216 about the capture of Bosnian Muslim men from buses at Tisca.
179 - See e.g. P 113-3, dated 14 July 1995 (story from China); P 114/1, dated 17 July 1995 (story from Banja Luka entitled “Zametica Denies Maltreatment of Srebrenica Muslims”); P 113/5, dated 24 July 1995, (story entitled “Mazowiecki on Serb Human Rights Abuses re Srebrenica Missing”; P 113/6 dated 27 July 1995 (story regarding Mazowiecki’s resignation as UN envoy on the grounds that he could no longer take part in the “fictional” defence of human rights in the former Yugoslavia).
180 - Defence Witness DE, T. 7736.
181 - Secretary-General’s Report, para. 390.
182 - Secretary-General’s Report, para. 416.
183 - Secretary-General’s Report, para. 400.
184 - Malagic, T. 1983-84.
185 - Witness DD, T. 5778 (testifying that her husband was the head of the household and was responsible for decision making on most matters, including the financial affairs of the family. Witness DD also testified that this system was typical of all families living in her community); Ms. Jasna Zecevic, (hereafter “Zecevic”), T.5776, 5778-5779. (The witness, the director of Vive Zene (a non-governmental organisation that provides psychosocial support for many Bosnian Muslim women and children who survived the take-over of Srebrenica) described the pre-war Srebrenica community as having a traditional patriarchal structure.)
186 - Witness DD, T. 5759-5760; Zecevic, T. 5779-5784.
187 - Witness DD, T. 5761. See also Zecevic, T. 5791-5793.
188 - Zecevic, T. 5783-5784
189 - Zecevic, T. 5787.
190 - Zecevic, T. 5791.
191 - Zecevic, T. 5797.
192 - Ms. Teufika Ibrahimefendic (hereafter “Ibrahimefendic”), (co-ordinator of the Vive Zene multidisciplinary team), T. 5820-5826.
193 - Zecevic, T. 5797.
194 - Ibrahimefendic, T. 5817-5818.
195 - Zecevic, T. 5785-5786.
196 - Zecevic, T. 5792.
197 - Zecevic, T. 5793; Ibrahimefendic, T. 5841.
198 - Teufika Ibrahimefendic, T. 5814-5815.
199 - Witness DD, T. 5769.
200 - Halilovic, T. 9500.
201 - Cf. however, the comments of the Defence military expert, General Radinovic, “Mass casualties on the Muslim side are a result of actions which should be classified as combat activities, and not violence against civilians” D 160 (Prof. Dr. Radovan Radinovic, Military Expert Testimony of Srebrenica, 17 October 2000. (hereafter “Radinovic Report”), para. 5.9.
202 - Trials of War Criminals before the Nuernberg Military Tribunals under Control Council Law No. 10, Nuernberg, October 1946-April 1949, Volume I, p. 27.
203 - Radinovic Report, para. 2.3.
204 - Butler Report, para. 1.
205 - Butler T. 4746.
206 - Radinovic, T. 7830, 7854.
207 - Butler Report para. 2.3.
208 - D 149.
209 - Radinovic, T. 7858-7859.
210 - Radinovic, T. 7827.
211 - D 147.
212 - Krstic, T. 6668.
213 - Krstic, T. 6841.
214 - Defence Witness DB, T. 7108.
215 - P 472.
216 - P 478.
217 - P 680.
218 - Witness U, T. 4159 and Defence Witness DC, T7518-7519.
219 - Butler, T. 5190-5192. Krstic, T. 6673, P 750 (VRS document from 1992 referring to security problems caused by frequent use of Motorolas); P 825 (also referring to problems caused by the use of Motorolas within the VRS); Defence Witness DB, T. 7202-7203 (agreeing that lack of attention to security concerns in communications was a problem within the VRS).
220 - Ms. Stephanie Frease (hereafter “Frease”), T. 8925-8927.
221 - Frease, T. 8926.
222 - Witness U, T. 4154-4206; Witness V, T. 4206-4253; Witness W, T. 4254-4324; Witness X, T. 4325-4383; Witness Y, T. 4394-4447; Witness Z, T. 4447-4484, 8755-8774; Witness AA, T. 4487-4560; Witness BB, T. 4573-4670, 8710-8748; Witness CC, T. 4689-4713.
223 - Witness U, T. 4169; Witness V, T. 4210-4212; Witness W, T. 4261; Witness Y, T. 4398-4399; Witness Z, T. 4455; Witness AA, T. 4494-4495; Witness BB, T. 4576.
224 - Witness AA, T. 4499-4505.
225 - Witness U, T. 4169-4170. See also Witness X, T. 4333; Witness Y, T. 4400; Witness AA, T. 4496-4497.
226 - Witness W, T. 4270.
227 - Witness AA, T. 4550.
228 - Witness W, T. 4269.
229 - Witness Z, T. 4472.
230 - Witness Y, T. 4400; Witness Z, T. 4456; Witness AA, T. 4495.
231 - Witness Y, T. 4442.
232 - Witness Z, T. 4466. See also Witness BB, T. 4577-4578.
233 - Witness Z, T. 4470.
234 - Defence Witness DB, T. 7113-7114
235 - Witness Y, T. 4435
236 - Radinovic, T. 8485, T. 9369.
237 - P 750 (Analysis of combat readiness of RS Army in 1992). See also P 827 (dated 23 July 1995, intelligence report on electronic surveillance.)
238 - P 548
239 - P 750, 1992. Also P 825.
240 - Defence Witness DB, T. 7201-7203.
241 - Defence Witness DC, T. 7519-7520.
242 - Radinovic, T. 9339-9341.
243 - Frease, T. 8931-8932, T. 8938-8939.
244 - Frease, T. 8939.
245 - Frease, T. 8993.
246 - Frease, T. 8939-8944, T. 8947.
247 - Butler, T. 5207.
248 - P 620.
249 - P 619.
250 - Butler, T. 4811.
251 - Radinovic, T. 8467-8468, Radinovic Report, para. 2.7.
252 - Krstic, T. 6124-6125, and Defence Witness DC, T. 7436. A “Spring Offensive”, the aim of which was to militarily defeat the VRS, was planned and implemented by the ABiH prior to the takeover of Srebrenica, See Krstic, T 6049, 6054, Radinovic, T. 7844-7846, and D 66, D 67, D 88, D 89, D 90. Operation Skakavac (“ grasshopper ”) was implemented by the ABiH in the lead up to the Spring Offensive, and involved planning and executing sabotage activities within the broader area of Bosnia under the control of the VRS, including eastern Bosnia. Krstic, T. 7557, and 6013.
253 - Butler, T. 4804-18; and Dannatt, T. 5576-5577, 5614. In its Final Brief, the Defence appears to have accepted that this was in fact the goal of Krivaja 95. See Defence Final Brief, para. 149.
254 - P 428.
255 - P 428.
256 - Krstic, T. 6394 and Radinovic, T. 7896-7897.
257 - P 425
258 - Kingori, T. 1914-1916; Egbers, T. 2214; Witness B, T. 852; Witness C, T. 1152-53. See also P 77/1, P 77/3, P 77/6, P 77/8, P 77/12, Secretary-General’s Report, para. 283.
259 - Witness B, T. 841; Kingori, T. 1826-1829; Karremans, T. 3317, 3327-3328.
260 - Mandzic, T. 949-950.
261 - Egbers, T. 2215. See also van Duijn, T. 173101733.
262 - See P 77/12, (UNMO report from 10 July 1995) ; Secretary-General’s Report para. 283.
263 - Kingori, T.1827, P 77, 989-903.
264 - Witness B, T. 855-857 ; Mandzic, T. 958-960; Witness C, T. 1159-61.
265 - Witness B, T. 858; Mandzi, T. 980; Omanovic, T. 1082; Vaasen, T. 1392; Egbers, T. 2220; Witness C, T. 1161.
266 - Witness B, T. 854-855; Mandzic, T. 949, 957.
267 - P 899 (report dated 6 July 1995 stating that “hundreds of shells have fallen on the lines of defence and civilian targets”); P 900 (report dated 7 July 1995, stating that “the aggressor has subjected the line of defence…to strong sniping and fire… and had frequently engaged in random tank artillery fire against both the line of defence and civilian targets…”); P 901 (report dated 8 July 1995 stating that “An enemy tank from the Kula is destroying the centre of Srebrenica on a daily basis and at 1300 hours the enemy fired three guided missiles from that position on the town centre, causing enormous material damage.”); P 902 (report dated 9 July 1995 stating that “the aggressor is conducting an infantry attack…and the whole “safe area” came under fierce fire from all calibre. The town centre itself is being constantly shelled.”); P 903 (report dated 10 July 1995, stating that civilian targets in the area were being attacked and that “the centre of town is being continually ravaged by artillery fire…”).
268 - Krstic, T. 6462-6464 (denying that Srebrenica was shelled on 11 July 1995).
269 - Radinovic, T. 821, T. 8232-8234, 8237-8238; Defence Witness Mr. Zeljko Borovcanin, (hereafter “Borovcanin”) T. 7011-7022, T. 7028-7029; Defence Witness DB, T. 7080; Defence Witness DC, T. 7441- 7442.
270 - Defence Witness DC, T. 7441-744.
271 - Butler, T. 5318.
272 - Butler, T. 5480-5481.
273 - Butler, T. 5317.
274 - Witness B, T. 860, 881.
275 - Butler Report, para. 4.3.
276 - P 39 (transcript of Hotel Fontana meeting on 11July 1995 at 2030 hours).
277 - Witness B, T. 884-885; Mandzic, T. 973-974.
278 - Mandzic, T. 964-966.
279 - Witness B, T. 885; Witness C, T. 1169; Mandzic, T. 976.
280 - Mandzic, T. 975-976. See also Witness C, T. 1169-1170.
281 - P 40 (transcript of the Hotel Fontana Meeting on 11 July 1995 at 2300 hours).
282 - Witness B, T. 887.
283 - P 40.
284 - P 40.
285 - Witness B, T. 887; Mandzic, T. 970, Krstic, T. 6295.
286 - Mandzic, T. 987-989.
287 - See the discussion supra para. 162.
288 - P 49 (transcript of Hotel Fontana meeting on 12 July 1995 at 10.00 hours).
289 - Ibid.
290 - Mandzic, T.1043; Omanovic, T. 1129-1130, 1135.
291 - Mandzic, T.899; Witness C, T. 1174-1175; Karremans, P 122, p. 13.
292 - Witness B, T. 894-895.
293 - P 436 (which is stamped as having been received by the command of the Zvornik Brigade at 0835 hours on the morning of 12 July 1995).
294 - P 404/126, P 404/127, P 404/128.
295 - P 435 (intercepted communication from 0735 hours on 12 July 1995 relating to the procurement of buses); P 440 (intercept at 12.10 hours on 12 July 1995 in which General Krstic ordered Colonel Krsmanovic to start the buses moving.); P 441 (intercept dated 12 July 1995 at 12.12 hours in which Colonel Krsmanovic is involved with trailer trucks); P 452 (intercepted conversation at 11.10 hours on 13 July 1995, showing Colonel Krsmanovic monitoring the movement of the bus fleet out of Potocari).
296 - P 450, Butler, T. 4849-4851.
297 - P 404/159; P 404/160.
298 - Butler, T. 5396.
299 - P 459.
300 - Witness B, T. 901 (presence of General Mladic and Colonel Jankovic, an intelligence officer from the VRS Main Staff); Mandzic, T. 990 (presence of General Mladic on 12 July 1995); Omanovic, T. 1104 (presence of General Mladic on 12 July 1995); Witness C (presence of General Mladic on 12 July 1995); Witness E (presence of General Mladic on 13 July 1995); Vaasen T. 1417, 1437, 1465 (presence of General Mladic on 12 July 1995 and presence of Colonel Jankovic on 12 and 13 July 1995); Witness F, T. 1520, 1540 (presence of General Mladic on “first” and “second” days); Witness H, T. 1708 (presence of General Mladic on 12 July 1995); van Duijn, T. 1749-1750 (presence of General Mladic and Colonel Jankovic on 12 July 1995); Kingori, T. 1841 (presence of General Mladic on 12 July 1995); Malagic, T. 1964, (presence of General Mladic on 12 July 1995); Franken, T. 2049 (presence of Colonel Jankovic on 13 July 1995); Karremans, T. 3355-3356 (presence of General Mladic in Potocari on 12 and 13 July 1995 along with Colonel Jankovic).
301 - Karremans, T. 3372-3373.
302 - Van Duijn, T. 1749-1750 (General Zivanovic was with General Mladic in Potocari on 12 July 1995); Kingori, T. 1846-1847 (presence of General Zivanovic in Potocari with a group of other officers); Rutten, T .2128, 2161 (presence of General Zivanovic in one of the cars accompanying General Mladic near the compound and presence of General Zivanovic in front of the compound on 13 July 1995.)
303 - Kingori, T. 1880; Rutten, T. 2152. P 58 (a still photograph taken from the footage of an interview filmed by a television crew in Potocari on 12 July 1995) also confirms the presence of Colonel Popovic.
304 - Franken, T. 2028, 2084 (presence of Colonel Acamovic outside the gate of the compound on 12 July 1995, his involved in the co-ordination and logistics of the transportation, and his presence in the company of General Krstic around 2-3pm on 12 July 1995); Witness B, T. 911-914 and Kingori, T. 1875-1876 (presence of Colonel Acamovic on 13 July 1995).
305 - Witness C, T. 1187. P 136 (video of an interview given by Zoran Kovacevic, the Commander of one of the companies in the Bratunac Brigade, in Potocari on 12 July 1995), shows Colonel Kosoric in the background. See also Butler, T. 4845-4846.
306 - Witness C, T. 1187.
307 - The individuals are: Steten Petrovic, Captain Nikolic, Sergeant Zoran Milosavljevic, Slavoljub Grujicic, Goran Rakic, and Zoran Spajic. See P 454 and Butler, T. 4861-4865.
308 - Kingori, T. 1804; Franken, T. 2012.
309 - Witness F, T. 1525 (presence of Major Nikolic on “the day that Serb soldiers came in” to Potocari); Kingori, T.1836-1837, 1883; and Rutten, T. 2119-2121 (presence of Major Nikolic in Potocari on 12 July 1995, as the buses were coming in); Koster, T. 3403.
310 - Kingori, T. 1874; Karremans, T. 3356.
311 - See also the further discussion of the activities of these officers in Potocari, Infra paras. 352-353.
312 - Radinovic, T. 7962-7963.
313 - Radinovic, T. 7962-7963.
314 - Butler, T. 5507-5508.
315 - P 39, p. 11.
316 - P 445 (conversation intercepted by the ABiH between General Mladic and an unidentified person).
317 - Kingori, T. 1886-1887.
318 - P 113 (press release from Security Council). See also P 113/1 (statement by UNHCR referring to the wholesale removal of Srebrenica residents as “one of the most blatant examples of ethnically motivated forced displacement Seen yet in the war.”)
319 - P 47, Franken, T. 2054-2056, 2059-2062, Mandzic, T. 1007-1016.
320 - Franken, T. 2062.
321 - Franken, T. 2062.
322 - Franken, T. 2060.
323 - P 399, p. 32. During his testimony before the Trial Chamber, however, General Krstic maintained that the movement of the Bosnian Muslim women, children and elderly from Potocari was an “evacuation”. Krstic, T. 6217 and 6295-6296.
324 - See supra paras. 41-47.
325 - See supra paras. 143-144.
326 - See generally Butler, T. 4855-4866.
327 - P 460 (still photo from the video) and Butler, T. 4856.
328 - See supra para. 143 (regarding the activities of Major Jankovic from the VRS Main Staff).
329 - Vaasen, T.140-5-06; Kingori, T.1918-19.
330 - Franken, T. 2030, 2034, 2064 (both regular and irregular troops); Witness F, T. 1562 (separate group of disorganised soldiers arrived later and were smoking, drinking, and looting); Rutten, T. 2116 (the first Serb soldiers who entered the compound were “Rambo types”).
331 - Witness F, T. 1505; Kingori, T.1836,
332 - Van Duijn, T. 1742-1744. “Stalin” was identified as a person known as Jevic from the MUP Reserve Battalion. See P 73 and van Duijn T. 1764. See also Rutten, T. 2123.
333 - Witness F, T. 1544; Witness H, T. 1684, Kingori, T. 1836. Kingori speculated that the soldiers in black were from “Arkan’s brigade”. Kingori, T. 1919.
334 - Witness H, T. 1689; Franken, T. 2036. See also Egbers, T. 2263 (testifying about the presence of a unit with German Shepherd dogs at a school where he was detained by Bosnian Serbs after being stopped at a road block south of Nova Kasaba on 13 July 1995; and Corporal Martin Van der Zwan (hereafter “Van der Zwan”), T. 2327, 2336-2338 (who was also detained by a special purpose unit with German Shepherd dogs following the capture of OP Uniform. One of the dog handlers came from Sarajevo.)
335 - Van Duijn, T. 1739.
336 - See, e.g., Mandzic, T.1006; Omanovic, T.1103-05, 1127; Rutten, T.2149; Egbers, T.2150; Witness N, T.2787; Ademovic, Malagic, T.1966-67, T.1957; Hajdarevic, T.2575; Witness H, T.1683-87.
337 - Vaasen, T. 1407.
338 - Witness D, T. 1263 (soldiers spoke with the usual accent from the region); Witness E, T. 1346, 1372 (recognised a policeman he knew prior to the war); Ademovic, T. 1586-7 (recognised a former colleague and an acquaintance); Witness H, T. 1684 (recognised an acquaintance); Malagic, T. 1953, 1963, 1969 (recognised several people she knew from the area, including a former policeman and soldiers dressed in camouflage.)
339 - Mandzic, T. 1013 (many young soldiers he had not Seen in the area before); Witness D, T. 1250 (the soldiers dressed differently from soldiers around Srebrenica, and spoke with an accent similar to Montenegrins. See also Egbers, T. 2263 (who, while being detained by Bosnian Serbs near Nova Kasaba on 13 July 1995, spoke to a person named Milanic who said he had been deployed to Srebrenica from Sarajevo with his unit); and Van der Zwan, T. 2319-2320 (who, during the time the OP Uniform was taken over, identified four soldiers wearing the badge of the Krajina Serbs, one of whom said he was from Knin).
340 - Karremans, T. 3378-3379.
341 - Mandzic, T. 995; Omanovic, T. 1104, 1117, 1125; Witness C, T. 1183; Vaasen, T. 1433.
342 - Rutten, T. 2116-2117. See also Witness F, T. 1499 (soldiers in black were “cleansing” all the houses very thoroughly.)
343 - Vaasen, T. 1407.
344 - Vaasen, T. 1408 ff.
345 - Vaasen, T. 1457.
346 - Vaasen, T. 1470.
347 - Kingori, T. 1839; Franken, T. 2064-2065.
348 - Witness F, T. 1503 (soldiers in camouflage uniforms were looting houses); Ademovic, T. 1589 (soldiers wearing camouflage (but without insignia) threatening to slaughter the Bosnian Muslim refugees and a soldier wearing camouflage killed a baby with a knife); Witness G, T. 1647-1648 (soldiers in green camouflage kicking Bosnian Muslim men who were boarding buses); Rutten, T. 2137-2138, (as the witness, a Dutch Bat soldier, tried to enter a room where Bosnian Muslim men were being interrogated, he had a weapon put to his face by a Serb soldier wearing green camouflage), T. 2152 (saw soldiers in green camouflage taking Deutsche marks from Bosnian Muslims), T. 2196-2197 (saw a Serb soldier in camouflage uniform chasing a woman who had run out of a house).
349 - Indeed, one witness encountered Serb soldiers in green camouflage uniform near Nova Kasaba on 13 July 1995 and was told by their commander (Major Zoran Malinic) that he and his unit had been deployed from Sarajevo. Egbers, T. 2241.
350 - Witness F, T. 1513.
351 - Vaasen, T. 148.
352 - Witness F, T. 1564.
353 - Witness F, T. 1912-1913.
354 - See the discussion supra para. 134.
355 - Butler, T. 5397-5398.
356 - Butler Report para. 5.19.
357 - Dannatt, T. 5616-5617; Butler, T. 5389.
358 - Kingori, T. 1854; Rutten, T. 2195-2196; Franken, T. 2051; van Duijn, T. 1769-70, 1780, 1786.
359 - Kingori, T. 1850-53; Witness F, T. 1511-1512; Malagic, T. 1974; Franken, T. 2039.
360 - See the discussion supra para. 58.
361 - Kingori, T. 1844.
362 - Witness T. 3437, and Defence Final Brief, para. 292.
363 - Witness C, T. 1183.
364 - Witness C, T. 1183.
365 - Rutten, T. 2153; Witness N, T. 2797.
366 - Kingori, T. 1846-1849 (identifying Major Nikolic, Colonel Popovic, and General Zivanovic as present at the White House) and Rutten, T. 2152 (identifying General Zivanovic as present at the White House). The presence of General Krstic at the White House is considered Infra paras. 365-367.
367 - Franken, T. 2096-2097
368 - Rutten, T. 2149-2150.
369 - Witness G, T. 1646; Kingori, T. 1855; Egbers, T. 2233.
370 - Kingori, T. 1855
371 - Kingori, T. 1856-1857.
372 - Vaasen, T. 1439-1440; Witness L, T. 2662; Witness P, T. 2956.
373 - Rutten, T. 2136; Witness F, T. 1541-1542; van Duijn, T. 1786.
374 - Rutten, T. 2195; Franken, T.2051; van Duijn, T. 1769-70, 1780, 1786.
375 - Radinovic, T. 7951-7952.
376 - Radinovic Report, paras. 4.17-4.18.
377 - Butler, T. 4929-4930; P 500; P 501; P 502; and P 503.
378 - Radinovic Report, para. 3.26.
379 - D 98, P 830, P 507, P 503, P 404/2/114, P 878, P 502, P 404/2/115, D 165, P 508, P 487, P 404/61, P 504, P 507; also P 511, and generally Butler, T. 4871-4872. See also Radinovic Report, para. 3.26.
380 - P 507 (intercepted conversation on 12 July 1995 involving an officer at the Drina Corps Headquarters and discussing MUP involvement in the operations relating to the column). See also Butler T. 4944-4945; P 508 (intercept dated 12 July 1995 at 11.56 hours involving officers from the 1st Bratunac Light Infantry Brigade, and the Drina Corps Command and discussing the movement of the column); P 509 (intercept on 12 July 1995 at 13.45 hours involving an officer at the Drina Corps Command and discussing complications in the area where the 4th Battalion was deployed); and P 511 (intercepted conversation on 12 July 1995 at 16.40 hours involving Major Obrenovic, the Chief of Staff of the Zvornik Brigade, discussing the movement of the column and the police ambushes that had been set along the Konjevic Polje-Hrncici stretch.).
381 - P 500 (intercept between unidentified subscribers at 0603 hours on 12 July 1995); P 502 (intercept between unidentified subscribers at 06.56 hours on 12 July 1995); P 506 (intercept on 12 July 1995 discussing the location of the column); P 515 (intercepted conversation on 13 July 1995 at 09.10 hours involving Colonel Beara, Security Chief of the Main Staff, and discussing Bosnian Muslim prisoners in Konjevic Polje)
382 - See supra para. 61.
383 - Radinovic Report, para. 3.25; and Butler, T. 4921.
384 - P 488.
385 - Butler, T. 4993.
386 - P 511; Butler, T. 4949-4951.
387 - P 542.
388 - P 540, (Zvornik Brigade Daily Combat Report 13 July 1995).
389 - P 548 (Zvornik Brigade Daily Combat Report, 14 July 1995). See also P 555 (intercepted conversation at 09.10 hours on 14 July 1995 in which the duty officer of the Zvornik Brigade informs General Zivanovic about the size of the column and the threat posed by it.); P 556 (intercepted conversation at 20.38 hours on 14 July 1995 between the duty officer of the Zvornik Brigade and General Zivanovic about the column).
390 - P 550 (Zvornik Brigade Interim Combat Report, 14 July 1995).
391 - P 607 (Intercept between Colonel Pandurevic and a person named “Mijatovic”, 15 July 1995)
392 - P 597.
393 - P 609; Butler, T. 5115.
394 - P 614 (Zvornik Brigade Interim Combat Report, 16 July 1995).
395 - P 641 (Zvornik Brigade Combat Report for 17 July 1995, sent to the Command of the Drina Corps); P 675 (Zvornik Brigade Interim Combat Report for 18 July 1995, sent to the Command of the Drina Corps); and P 676 (Zvornik Brigade Combat Report for 18 July 1995 sent to the Command of the Drina Corps); P 694 (intercepted conversation on 19 July 1995 at 08.12 hours in which Colonel Pandurevic speaks of chasing 150 Muslims remaining within his zone of responsibility.) See also Butler Report, para. 7.74.
396 - Butler T. 5453.
397 - P 878.
398 - P 739.
399 - This date was identified by Butler, T.4 968.
400 - P 532.
401 - P 462.
402 - P 523.
403 - Compare Witness K, T. 2503, 2508 (originally 1,000 people, increasing to 3,500 or 4,000 in a few hours); Witness L, T. 2659 (2,000 to 2,500 people); Husic, T. 2619 (1,000 people); Witness J, T. 2451 (2,000 people); Witness O, T. 2874 (1,000 to 2,000 people).
404 - Witness J, T. 2459; Witness K, T. 2509; Witness L, T. 2660-2661.
405 - Witness K, T. 2510; Witness J, T. 2461.
406 - Witness O, T. 2871.
407 - Witness P, T. 2950-2951; Witness Q, T. 3022.
408 - Witness P, T. 2950.
409 - Witness P, T. 2953-2954. See also Witness Q, T. 3013-15.
410 - Witness P, T. 2955-2956
411 - In addition to the video showing the presence of the MUP along this stretch of road on 13 July and discussed Infra para. 173, an intercepted conversation on 12 July 1995 at 16.40 hours reveals that the civilian police were involved in setting up an ambush in Konjevic Polje. See P 512. An order issued by the Main Staff in the late evening of 12 July 1995 also noted that organs of the MUP had been assigned to “secure the communication Bratunac-Konjevic Polje.” See D 165. General Krstic agreed that the MUP were present in this area. Krstic, T. 6416.
412 - P 3.
413 - Butler, T. 4925-4931.
414 - P 493, and Butler T. 4926-4927.
415 - Butler, T. 9181.
416 - P 3 video still number 491.
417 - Stipulation 890, T. 9186.
418 - Butler, T. 9201.
419 - Butler, T. 9182.
420 - Hadzihasanovic, T. 9604.
421 - Hadzihasanovic, T. 9605.
422 - Witness K, T. 2506-2507; Witness L, T. 2657; Witness O, T. 2867.
423 - Witness P, T. 2948-2949; Witness S, T. 3247.
424 - Witness O, T. 2868.
425 - Witness L, T. 2658.
426 - Husic, T. 2609-2613; Witness K, T.2517.
427 - Egbers, T. 2237.
428 - P 504 (intercepted conversation on 12 July 1995 at 0740 hours in which one participant stated “…the police in Konjevic Polje have been told to Ssicc the same as the Engineering Battalion are doing, and that he can give orders to them through the commander of the Engineering Battalion.”); P 505 (intercepted conversation on 12 July at 07.48 hours during which one participant refers to a person from the MUP and states “One of his companies is up there next to our man with the bulldozers, over there in [Konjevic Polje] and has the task of doing whatever he does. So you can give orders what to do through the commander.”
429 - See the further discussion Infra para. 287.
430 - P 529.
431 - P 530.
432 - Butler, para. 6.11.
433 - P 404 /2 (tab 61) (Military Police log for 14 and 15 July 1995).
434 - Butler, Report para. 6.33 & fn. 206.
435 - Witness G, T. 1653-1658.
436 - Butler, T. 5408.
437 - The Defence argued that, even if subordinate Brigades of the Drina Corps had knowledge, of, or were involved in the executions, this information was not transmitted to the Corps Command, because there was a parallel chain of command involving the VRS Main Staff in operation. The issue of how the Drina Corps chain of command was operating during July 1995 is considered Infra paras. 262-276.
438 - See the discussion supra para. 159.
439 - Malagic, T. 1992.
440 - Mandzic, T. 1000. Other witnesses said some of the buses came from companies in Serbia. See Malagic, T. 1992.
441 - See Infra paras. 239.
442 - Butler Report, para. 6.34.
443 - P 543.
444 - See the discussion Infra paras. 220-225.
445 - Butler, T. 5029.
446 - See the discussion Infra paras. 233-248.
447 - Defence Final Brief, para. 312
448 - P 543, Butler Report para. 6.34, Butler, T. 5027.
449 - P 559. See also P 561 (intercepted conversation on 14 July 1995 at 2227 hours in which the Zvornik Brigade duty officer stated “This packet has done most to ruin us and since this morning we have been reporting on the numbers of people” at which point the other participant in the conversation cuts him off.)
450 - Butler, T. 5056.
451 - P 609 (Interim Combat Report of the Zvornik Brigade, 15 July 1995).
452 - P 463.
453 - P 537.
454 - Krstic, T. 6700-6701.
455 - P 539.
456 - Butler, T. 5369.
457 - Krstic, T. 7360.
458 - Witness S, T. 3245-3250. P 177 ( a photograph of the hut).
459 - Witness S, T. 3255-3256.
460 - Witness S, T. 3261.
461 - Witness S, T. 3258.
462 - Witness S, T. 3262.
463 - Witness S, T. 3264, 3274.
464 - Witness S, T. 3271.
465 - Witness S, T. 3275.
466 - Witness S, T. 3276-3277.
467 - Witness S, T. 3277-3281.
468 - Witness S, T. 3286.
469 - Witness S testified that a man he knew previously was amongst the executioners at Jadar River. Witness S, T. 3267. The Prosecution has interviewed this person, who revealed that he was a part of the 2nd Police company, an intervention unit formed out of the Zvornik CSB (municipal police).
470 - Witness S, T. 3251, 3254, 3272-3273
471 - Witness S, T. 3259-3260.
472 - Witness S, T. 3260.
473 - Defence Witness DE, T. 7683-7684.
474 - P 502, P 503, P 504, P 505.
475 - P 517; P 521; Butler, T. 4775.
476 - See the discussion regarding the presence of such units in Potocari, supra para. 151.
477 - Witness M, T. 2737-39.
478 - Witness M, T. 2746.
479 - Witness M, T. 2752.
480 - Ruez, T. 689, P 16/2.
481 - Manning Report, p. 00950937.
482 - P 206/1 (W. Haglund, Forensic Investigation of the Cerska Grave Site), pp. vii-viii.
483 - Manning Report, p. 00950938.
484 - Butler, T. 5003; Butler Report para. 6.14.
485 - P 517; P 521; and Butler Report, para. 6.15 & fn. 186 & 187.
486 - The paucity of evidence implicating the Drina Corps in the commission of the mass executions on 13 July stands in contrast to the substantial evidence implicating the Drina Corps in the commission of the mass executions from 14 July onwards as discussed Infra.
487 - Witness K, T. 2520.
488 - Witness J, T. 2464.
489 - Witness K, T. 2524.
490 - Witness K, T. 2530, 2532.
491 - Witness J, T. 2469.
492 - Witness K, T. 2526.
493 - Witness J, T. 2464-65; Witness K, T. 2535.
494 - Witness K, T. 2536.
495 - See also Witness Q, T. 3026 (testifying that he saw bodies outside the Kravica Warehouse as he was being transported by bus from Nova Kasaba to Bratunac).
496 - P 8/1; Witness K, T. 2514-2515.
497 - Manning, T. 3616
498 - P 181/1; P 181/2; P 181/3; P 181/4; P 150; and P 97. See also Manning, T. 3616-3625.
499 - Manning, T. 3597; Manning Report, p. 00950916.
500 - Manning Report, p. 00950983.
501 - Manning Report, p. 00950980.
502 - Manning Report, p. 00950984.
503 - Manning Report, p. 00950984-5.
504 - Additional Manning Report, p 7604.
505 - Additional Manning Report, p 7604-7603.
506 - Additional Manning Report, p 7602.
507 - Witness K, T. 2517.
508 - This individual was subpoenaed to appear as a witness for the Prosecution but was unable to appear for medical reasons. However, the Trial Chamber permitted the Prosecution to call one of its investigators, Mr. Jan Kruszewski (hereafter “Kruszewski”), who was present when “OA” was interviewed by the OTP. The Chamber also admitted into evidence the contemporaneous notes of Kruszewski (P 887), and the transcript of the interview given by “OA” (P 886).
509 - Butler, T. 5001-03.
510 - P 404/2 tab 61; and Butler, para. 6.27 & fn.204.
511 - Butler, T. 5000-5001.
512 - Witness D, T. 1259; Witness E, T. 1354-1355. See also Malagic, T. 1976.
513 - Witness D, T. 1291.
514 - Witness D, T. 1293.
515 - Witness D, T. 1295.
516 - Witness D, T. 1297-1299
517 - Witness C, T. 1190-1196.
518 - Witness C, T. 1193.
519 - Witness C, T. 1229.
520 - Witness L, T. 2665, T. 2674.
521 - Witness N, T. 2820 (arrived from Bratunac in the early morning of 14 July 1995).
522 - Witness N, T. 2822 (estimating there were about 2,500 men in the gym). Cf. Witness L, T. 2676-2677 (estimating there were at least 700 or 800 men) and Prosecution Closing Arguments, T. 9851.
523 - Witness L, T. 2683; Witness N, T. 2823.
524 - Witness N, T .2822.
525 - Witness L, T. 2685-86; Witness N, T. 2824.
526 - Witness N, T. 2824-25.
527 - Witness L, T. 2698, 2703-2705.
528 - Witness L, T. 2697-99; Witness N, T. 2825.
529 - Witness N, T. 2825.
530 - Ruez, T. 3476--50; P 162/2.
531 - Ruez, T. 3477; P 162/4 and 5.
532 - Additional Manning Report, p. 7601.
533 - Additional Manning Report, p. 7600.
534 - Additional Manning Report, p. 7608.
535 - Manning Report, p. 00950952 and Additional Manning Report p. 7607.
536 - Manning Report, p. 00950953.
537 - Additional Manning Report, p. 7598.
538 - Manning Report, p. 00950952.
539 - Manning Report, p. 00950951, and Additional Manning Report, p. 7611.
540 - P 167/1, P 167/4, P 167/5, P 167/6, and P167/7, Ruez, T. 3502-3503. Ruez also discussed the likely disturbance dates for additional, but as yet unexhumed, secondary burial sites along the Hodzici Road. See T. 3499-3506.
541 - Manning Report, p. 00950950.
542 - Manning Report, p. 00950955-6, 00950959, 00950962-3.
543 - Manning Report, p. 00950960. (This ligature was found at Hodzici Road 5)
544 - Manning Report, p. 00950956, 00950960, 00950963.
545 - P 567, Butler Report, para. 7.8; 7.16, Butler, T. 5067-5068.
546 - P 568, Butler, T. 5069-5073, P 569.
547 - Witness L, T.2694.
548 - Butler, T. 5066, 5074-5081.
549 - Witness L, T. 2698.
550 - Butler, T. 5085.
551 - P 582, P 643, 580; Butler, T. 5082-5086; and Butler Report para. 7.20.
552 - P 645
553 - P 584; Butler, T. 5082-5083, 5087; and Butler Report, para. 7.22, 7.25, 7.27.
554 - P 589, P 582; Butler, T. 5085-5090; and Butler Report, para. 7.23.
555 - P 645; Butler Report, para. 7.27; P 643, P 582.
556 - Witness L, T. 2699-2700; Witness N, T. 2828.
557 - Witness P, T.2960-2961; Witness O, T. 2902-2903
558 - Witness O, T. 2905.
559 - Witness O, T. 2904; Witness P, T. 2968-69.
560 - Witness O, T. 2911-12.
561 - Witness O, T. 2912-14.
562 - Witness O, T. 2914; See also Witness P, T. 2977
563 - Witness O, T. 2914-16; Witness P, T. 2976.
564 - Witness O, T. 2916.
565 - Witness O, T. 2917-18.
566 - Witness P, T. 2983
567 - Witness O, T. 2925; Witness P, T. 2981.
568 - P 163/2, and P 163/3. Manning Report, p. 00950965. Ruez, T.3480-3482.
569 - Manning Report, p. 00950966.
570 - Wright, T. 3653-3659.
571 - Manning Report, p. 00950966.
572 - Manning Report, p. 00950967.
573 - Manning Report, p. 00950965.
574 - P 168/2 and P 168/3, Ruez, T. 3508-3509. Ruez also discussed possible disturbance dates for other, as yet unexhumed, gravesites in this location. See T. 3506-3511.
575 - Manning Report, p. 00950970.
576 - Manning Report, p. 00950970-0090971.
577 - Manning Report, p. 00950971.
578 - P 2, P 590, Butler, T. 5101.
579 - P584, Butler T. 5086-5087, Butler Report, para. 7.33-7.34.
580 - P 591, P 594, P 592, P 593, Butler, T. 5093-5103, Butler Report, para. 7.35.
581 - Witness Q, T. 3036.
582 - Witness Q, T. 3039.
583 - Witness Q, T. 3040.
584 - Witness I, T. 2390-92.
585 - Mr. Erdemovic was indicted for one count of crimes against humanity or alternatively a violation of the laws and customs of war. He entered a guilty plea to the count of crimes against humanity and was convicted for his role in the executions at Branjevo Military Farm. The Trial Chamber sentenced him to 10 years imprisonment. Following an appeal, this sentence was subsequently revised to five years for violations of the laws or customs of war. See Prosecutor v Erdemovic, Case No.: IT-96-22-Tbis, Sentencing Judgement, 5 March 1998.
586 - Erdemovic, T. 3126.
587 - Erdemovic, T. 3138.
588 - Erdemovic, T. 3135.
589 - Erdemovic, T. 3128.
590 - Witness Q, T. 3041-42.
591 - Erdemovic, T. 3130, 3132; See also Witness I, T. 2392 (1,000 to 1,500 dead).
592 - Witness Q, T. 3045.
593 - P 24/2, P 24/4; Ruez, T. 3486.
594 - Manning Report, p. 00950943.
595 - Manning Report, p. 00950944.
596 - Manning Report, p. 00950944.
597 - Manning Report, p. 00950942, T. 3605 (ligatures and blindfolds from the Branjevo Military Farm were matched to items found in Cancari Road 3 and 12.).
598 - P 169/25, P 169/26 and P169/27; Ruez, T. 3523-3524; Manning Report, p. 00950943. Ruez also discussed possible disturbance dates for other, as yet unexhumed gravesites along the Cancari road. See T. 3511-3525.
599 - Manning Report, p. 00950947-8.
600 - Manning Report, p. 00950948.
601 - Manning Report, p. 00950949.
602 - Erdemovic, T. 3116-3123.
603 - Erdemovic, T. 3121.
604 - Krstic, T. 6330, 6333.; Defence Final Brief, para. 312.
605 - Prosecutor’s Final Trial Brief, 21 June 2001 (hereafter “Prosecution Final Brief”), para. 347.
606 - Erdemovic, T. 3122-3124.
607 - Erdemovic T. 3127.
608 - P 435 (radio intercept at 07.35 hours on 12 July 1995 in which General Krstic ordered Lieutenant Colonel Krsmanovic, the Drina Corps Transport Officer, to procure 50 buses from Pale, Visegrad, Rogatica, Sokolac, Han Pijesak, Vlasenica, Milici, Bratunac and Zvornik.)
609 - Erdemovic, T. 3129.
610 - Erdemovic, T. 3129-3130.
611 - Erdemovic, T. 3130.
612 - Erdemovic, T. 3132, T. 3141.
613 - Erdemovic, T. 31330-3134.
614 - Butler, T. 9194.
615 - Erdemovic, T. 3138-3139.
616 - P 614; Butler, T. 5342-5345.
617 - P 616; Butler, T.5133 and Butler Report, para. 7.46.
618 - P 646.
619 - P645; Butler, T. 5169 and Butler Report, para. 7.43.
620 - P 642; Butler, T. 5168 and Butler Report, para. 7.44.
621 - Butler, T. 5169; Butler Report, para. 7.45 & fn.268; P 24/2 and 24/3.
622 - P 620.
623 - Prosecution Final Brief para. 354; Butler, T 5139 and Butler Report, para. 9.20.
624 - P 619. Although the English translation on this document actually refers to “Drina Corps Commander”, the B/C/S abbreviation “KDK” has consistently been translated as Drina Corps Command in other documents in the case, and so the Trial Chamber adopts that interpretation in relation to this document also. The Prosecution expressly accepted that the translation on the document was incorrect to this extent. See Prosecution Closing Statement, T. 9954.
625 - P 619.
626 - Butler, T. 5139.
627 - See also the discussion Infra paras 380-387 regarding the deployment of members from the Bratunac Brigade to assist in the executions on 16 July 1995.
628 - Erdemovic, T. 3140.
629 - Erdemovic, T. 3143-3144.
630 - Erdemovic, T. 3148-3149.
631 - Manning, T. 3619.
632 - P 181/1; P 181/2; P 182/3; P 182/4; P 150; and P 97. See also Manning, T. 3616-25
633 - Butler, T. 5132-5136.
634 - Erdemovic, T. 3140-3141.
635 - P 614; Butler, T. 5342-5345; Butler Report, para. 7.49 & fn. 272.
636 - P 618 (extract from the daily orders book of the military police platoon of the Bratunac Brigade for 17 July 1995, recording events that took place on 16 July 1995).
637 - Butler, T. 5136-5137.
638 - P 627.
639 - Krstic, T. 6754.
640 - Butler, T. 5357-5378.
641 - Defence Final Brief, para. 158.
642 - Ruez, T. 500, 783-788.
643 - Manning Report, p. 00950973.
644 - Manning Report, p. 00950974.
645 - P 164/1; Ruez, T. 3482; Manning Report, p. 00950975.
646 - P 164/3; Ruez, T. 3434-3484; and Manning, T. 3603-3608.
647 - Manning Report, p. 00950976.
648 - Manning Report, p. 00950975.
649 - Manning T. 3609-3614.
650 - Manning Report, p. 00950976-00950977
651 - Manning Report, p. 00950977.
652 - P 2; Butler Report, para. 7.53. Kozluk is the garrison area of the “Podrinje Detachment” (Drina Wolves).
653 - P 580; Butler, T. 5082-5083.
654 - P 582; Butler, T. 5085-5086.
655 - P 404/tab 281.
656 - P 404/4 (tab 214); Butler Report, para. 7.58 & fn.282.
657 - See generally Witness R, T 3196-3206.The Prosecution also relied upon documents seised from the Zvornik Brigade which indicated that Muslim men were in their custody who are now on the ICRC missing persons list to demonstrate that the Zvornik Brigade killed captured Bosnian Muslim prisoners fleeing from Srebrenica following the mass executions. See P 707, P 706, Butler, T. 5227-5233. However, the Trial Chamber is unable to make any specific finding on the basis of the evidence presented.
658 - Witness R, T. 3200-3202, Butler, T. 5227.
659 - Witness R, T. 3205-3206, 3229-3230.
660 - P 693.
661 - P 404 (tab 430 and tab 432); Butler Report para. 10.10.
662 - Ruez, T. 3470.
663 - Butler, T. 5235.
664 - P 709.
665 - Butler, T. 5236.
666 - P 710.
667 - Butler, T. 5236.
668 - Butler, T. 5237.
669 - Butler, T. 5242.
670 - P 374.
671 - Butler, T. 5121; P 611.
672 - Ruez, T. 3535-3536.
673 - Another key aspect of this argument was the General Krstic was engaged as the Commander of the Zepa operation and so knew nothing about events occurring back in Srebrenica.
674 - On 11 July 1995 the President of Republika Srpska appointed a civilian commissioner for the Serbian municipality of Srebrenica. See P 404, fn 90. The President gave the civilian commissioner a very high level of responsibility, including responsibility for the treatment of prisoners of war, as well as ensuring that the civilian population chose freely whether to stay or to leave. See Radinovic, T.8064.
675 - P 649; Radinovic, T. 8461-8463. See also Krstic; T. 7365, 7381.
676 - Krstic, T. 6203.
677 - Radinovic, T. 8057
678 - e.g. P 532 (Order from Main Staff to Drina Corps on 13 July 1995 directing that measures be taken to block and capture the men from the column); and Krstic, T. 6300.
679 - P 525.
680 - P 463.
681 - P 464 (order issued by the Commander of the Bratunac Brigade on 14 July 1995 which General Krstic testified demonstrated that areas being searched by that Brigade deviated from the order he issued). Krstic; T. 7351-735.
682 - P 536 and P 537, and Defence Witness DB, T. 7333-7335.
683 - P 675.
684 - P 627.
685 - P 470.
686 - The intercept refers to the failure of “Furtula” (who the Prosecution argued was Major Radomir Furtula, the Commander of the 5th Podrinje Brigade (also known as the Visegrad Brigade) to follow the “boss’s” orders. The Prosecution argued that, in the context of this conversation, the “boss” must have been General Mladic. See Prosecution Final Brief, para. 366. See the further discussion of this conversation and a related conversation involving General Krstic, Infra paras. 380-387.
687 - P 364/2, tab 14/2.
688 - Although it was not clear from the intercept that the unidentified participant was from the Drina Corps, the Defence argued this was implicit from the reference he made to the Potocari area, which is within the zone of the Drina Corps. T. 5445.
689 - See the discussion of the relationship between these units and the Drina Corps Infra paras. 277-289.
690 - Radinovic, T. 8471-8472.
691 - Radinovic, T. 8472.
692 - Krstic T. 6494-6495.
693 - Krstic, T. 7399-7400.
694 - Butler, T. 5447.
695 - Defence Witness DE, T. 7620.
696 - Butler, T. 4837, 5254.
697 - See the discussion supra paras. 135-142.
698 - P 459; and Butler, T. 4868.
699 - P 532. See the discussion supra para. 169.
700 - Butler, T. 4970.
701 - P 478.
702 - Butler, T. 4913-4914.
703 - P 609.
704 - P 614.
705 - Butler, T. 5250-5251. These exhibits are listed in P 378.
706 - Radinovic, T. 8071.
707 - Radinovic, T. 8052, 8067, and 8068.
708 - Radinovic, T. 8069-8070, D 158/P 402 fn 34, (Rules of Service of Security Organs in the Armed Forces of the Socialist Federative Republic of Yugoslavia, 1984. Para. 49 states that a security officer “may pass on information that constitutes an official secret to other authorised security organ officers or other persons only with the authorisation of his superior officer in the security organ.”)
709 - Krstic, T. 7367-7368.
710 - Krstic, T. 7366-7367.
711 - Radinovic, T. 8079.
712 - P 402 fn 34, para. 16; Butler, T. 5351.
713 - Butler, T. 4767.
714 - Butler, T. 5301.
715 - P 627.
716 - P 620 (intercepted conversation at 1358 hours on 16 July 1995. See the discussion supra para. 242).
717 - P 619.
718 - Butler, T. 5277; and P 378.
719 - See the discussion supra paras. 234, 239-240.
720 - Butler T. 4918; Butler Report, para. 2.12-2.13. The Defence agreed that this unit was involved in the capture of massive numbers of Bosnian Muslim prisoners. Defence Final Brief, para. 303.
721 - Butler, T. 4856-.4859; Van Duijn, T. 1742-1744; 1747; 1760-1771; 1778; 1780-1783 (identifying Captain Mendeljev “Mane” Duric, MUP Battalion Commander; supervising the separation process and identifying Dusko Jevic a.k.a. “Stalin” from the MUP). See also P 459, (report dated 13 July 1995 from the Main Staff to the Drina Corps intelligence department stating that the MUP had been looting from UNPROFOR and that the MUP requested permission to participate in searching the UNPROFOR base in Potocari after the departure of the refugees); and Butler, T. 4869.
722 - Butler Report, para. 2.13.
723 - Prosecution Final Brief, para. 202. See also the discussion of police involvement in the Jadar River executions, supra para. 197.
724 - Butler Report, para. 2.12
725 - P 145 ; and P 146.
726 - Erdemovic, T. 3087-3091; Butler, T. 4825-4826.
727 - Krstic T. 6507-6508.
728 - Defence Witness DB, T. 7233.
729 - Defence Witness DB, T. 7233.
730 - Witness II, T. 9120.
731 - Defence closing argument, T. 10105.
732 - See the discussion supra para. 240.
733 - See the discussion Infra para. 239.
734 - See the discussion Infra paras. 239.
735 - Radinovic, T. 8053, 8056.
736 - Butler, T. 5381.
737 - Butler, T. 5342.
738 - Butler T. 4996; and Butler Report, para. 2.12.
739 - Mr. Butler conceded the Prosecution could provide no details as to how many prisoners were taken as part of the sweep operations in which the 65th Protection Regiment were participating with the Drina Corps from 15 July 1995. Butler, T. 5369.
740 - See the discussion of documents referring to the joint operations of the 65th Protection Regiment and units of the Drina Corps supra para. 162.
741 - P 428.
742 - Witness DB, T. 7134.
743 - P 420 (The Law on the Implementation of the Law of Internal Affairs During an Imminent Threat of War or a State of War), Butler, T. 4768.
744 - Krstic, T. 6140, 6416.
745 - Krstic, T. 6413, 6416, 6418.
746 - Butler, T. 5372-5373.
747 - Radinovic, T. 8061-8062.
748 - Defence Witness DB, T. 7149.
749 - Butler, T. 4806-4807.
750 - See the discussion supra para. 151.
751 - See the discussion supra para. 162.
752 - For example: P 504; P 506; and Butler, T. 4938-4939 (regarding intercepted conversations dated 12 July 1995 at 0740 hours and 0748 hours respectively, suggesting that orders for MUP units were being passed on through the Commander of the Drina Corps 5th Engineers Battalion), P 507 (intercepted conversation at 0843 hours on 12 July). The Trial Chamber notes, however, that Butler’s response to this conversation was “You can’t read too much into this one. Clearly it is an awareness piece that the forces are operating together.” Butler, T. 4945). Commenting on the series of intercepts relied upon by the Prosecution to show MUP resubordination, Mr Butler stated that they demonstrate that Drina Corps and MUP units were “co-ordinating their activities”. Butler, T. 9206.
753 - P. 830.
754 - van Duijn, T. 1742-1743.
755 - P 502.
756 - P 446.
757 - P 527.
758 - P 529.
759 - See the discussion supra paras. 162 and 192.
760 - P 537.
761 - P 539 (Bratunac Brigade Daily Combat Report, 16 July 1995).
762 - P 649.
763 - P 478.
764 - Butler, T. 9204.
765 - Butler, T. 9204-9205.
766 - Butler, T. 9205.
767 - D 165, Butler, T. 9200-9203.
768 - See for example, P 445 (intercepted conversation at 1250 hours on 12 July 1995, in which General Mladic is heard speaking of buses and trucks, and stating “We’ll evacuate them all, those who want to and those who don’t want to.”)
769 - See generally, Butler, T. 4853-4854.
770 - See also P 472 (an intercept on 15 July 1995, in which Colonel Beara refers to the “Commanders” orders, which appears to be a reference to General Mladic in the context of the executions); and Butler T. 5512 (discussing the presence of General Mladic on the Bratunac-Konjevic Polje Road on 13 July 1995 while bodies lined the road, and his presence at Sandici where one individual was killed).
771 - See also the testimony of Witness S, T. 3261, regarding the possible involvement of General Mladic in the Jadar River executions on 13 July 1995.
772 - P 472; P 478; P 627.
773 - Butler, T. 4786-4789. See also P 627 (in which a Main Staff officer by the name of Trkulja is mentioned in the context of discussions relating to the prisoners).
774 - These figures have been calculated on the basis of the map of the Drina Corps area of responsibility annexed to the Amended Indictment against General Krstic, dated 27 October 1999.
775 - Krstic, T. 5972.
776 - Butler Report, para. 8.3 & fn. 313.
777 - Stipulations paras. 1-2; and Krstic, T. 5980.
778 - Krstic, T .6026-6028.
779 - Agreed Facts, para. 12.
780 - P 3.
781 - Witness Z, T. 4478.
782 - See: Defence Opening Statement, T. 5954;Krstic, T. 5973-5974, 7407, 7412-7413; Defence Witness Mr. Milenko Radulovic (hereafter “Radulovic”) T. 7595; Defence Witness DA, T. 6890-6893, 6895-6896; Defence Witness Borovcanin, T. 6997; Defence Witness DC T. 7451-7452, 7508-7509, 7512; Defence Witness Mr. Vlado Rudovic, T. 7535-7356, 7545; Defence Witness DE, T. 7696. Witness II also confirmed that General Krstic always behaved in a professional manner, both towards his own colleagues and Bosnian Muslim soldiers. T. 9156-9157.
783 - Defence Witness DC, T. 7451-7452.
784 - Krstic, T. 7571.
785 - Krstic, T. 6123-6125.
786 - Krstic, T. 6410, Radinovic, T.7953.
787 - P 428.
788 - Krstic, T. 6423.
789 - Krstic, T. 6185 (stating that General Mladic arrived at the FCP on 9 July 1995); and Krstic, T. 6188, 6428-6429. (stating that after General Mladic assumed command, he and General Zivanovic were effectively sidelined).
790 - P 432.
791 - Krstic T.6427. This was confirmed by Defence Witness DB, T.7069-7070, T.7229.
792 - Krstic, T. 6195,
793 - Krstic, T.6196; and P 770 (Photo of General Mladic sitting down and General Krstic standing over him communicating, which General Krstic said was taken after General Mladic gave order to continue operation towards Potocari. Krstic T. 6509).
794 - Krstic, T. 6567. See also Defence Witness DB, T. 7092; and Defence Final Brief, para. 266.
795 - Krstic, T. 6575.
796 - Krstic, T. 6575-6576.
797 - Krstic, T. 6233
798 - Krstic, T. 6583.
799 - Krstic, T. 6644.
800 - Krstic, T. 6642-6643.
801 - Krstic, T. 7390.
802 - Krstic, T. 7390.
803 - Krstic, T. 7392-7393.
804 - Krstic, T. 6263-6265.
805 - Krstic, T. 6585.
806 - Defence Witness DA, T. 6962.
807 - Defence Witness DC, T. 7459.
808 - Defence Witness DC, T. 7514.
809 - Defence Witness Radulovic, T.7 599.
810 - Defence Witness DF, T. 8542.
811 - See the discussion supra para. 78.
812 - Krstic, T. 6315, 6751-6753, 6851.
813 - Krstic, T. 6827
814 - Krstic, T. 6828, 7388.
815 - Krstic, T. 7389
816 - Krstic, T. 6309.
817 - Krstic, T. 6309-6311.
818 - Krstic T. 6263-6266.
819 - See the discussion supra para. 78.
820 - Witness II, T. 9128, 9131.
821 - Witness II, T. 9128.
822 - Witness II, T. 9129.
823 - Witness II, T. 9171.
824 - Witness II, T. 9167.
825 - Witness II, T. 9167.
826 - P 886.
827 - P 887; and P 886.
828 - P 458.
829 - P 905.
830 - T. 9676.
831 - D 181 (Statement of Prof. Gen. Radovan Radinovic, dated 26 May 2001, submitted in response to the Prosecutor’s Motion to Reopen), p. 7; Radinovic, T. 9733.
832 - P 406; and Butler, T. 4752.
833 - Dannatt, T. 5703-5705.
834 - Krstic, T. 7412; Defence Witness DE, T. 7612-7614; Defence Witness DB, T. 7337-7338.
835 - Radinovic, T. 9736-9739.
836 - Defence Witness DB, T. 7297. This witness was an officer in the Drina Corps in July 1995 and accepted the possibility that someone may, de facto, assume command prior to the issuance of formal documentation signed by the President.
837 - P 462.
838 - P 463.
839 - P 759 (showing both orders side by side for the purposes of comparison).
840 - P 464. See also Butler T.4890; and Dannatt T.5644, and Radinovic, T. 8350-8351.
841 - Krstic, T. 6248-6249; Defence Witness DB T. 7335.
842 - Butler, T. 4888.
843 - Krstic, T. 6686.
844 - See the discussion supra para. 303.
845 - P 555.
846 - P 556.
847 - Butler, T. 5049-5051, and 5438.
848 - P 558; Butler, T. 5439-5442; and Butler Report, para. 8.25 & fns. 348-349; para. 8.27 & fn.351.
849 - P 558.
850 - Witness II, T. 9129.
851 - Butler Report, para. 8.21 & fn. 342, 343; P 466.
852 - P 364/1 (14 July 1995 tab 11).
853 - P 472.
854 - P 478.
855 - P 537.
856 - Krstic, T. 6695-6696.
857 - P 539.
858 - P 481. The Trial Chamber does not accept the explanation put forward by General Krstic that, although dated 17 July 1995, this document was signed, on about 22 or 23 July, after his return from the Zepa operation. See Krstic, T. 6729-6730, 7361-7362.
859 - P 650
860 - P 652.
861 - P 652.
862 - P 694. See also P 677 (intercepted conversation at 0712 hours on 18 July 1995 between General Krstic and Colonel Veletic discussing matters outside the Corps zone); and P 680 (intercepted conversation on 18 July 1995 at 0716 hours between General Krstic and Colonel Cerovic, in which General Krstic directs Colonel Cerovic to go to a location that appears to be unconnected with Zepa and orders him to assume command when he gets there.)
863 - P 467; and Butler, T. 44896-4899.
864 - D 181/5.
865 - General Krstic (Krstic, T. 6720-6721) and General Radinovic (Radinovic, T. 8353, 8450-8451) both testified that the term used in the original Serbian version of the document does not mean that Zivanovic was no longer the commander of the Drina Corps. The Prosecution obtained an official statement from the Tribunal translation service confirming that the correct English translation for the word was “hitherto”. See T. 8356.
866 - Radinovic, T. 7993; Defence Witness DC, T. 7450; Defence Witness Borovcanin, T. 6998; Defence Witness Radulovic, T. 7593-7594.
867 - Witness II, T. 9152-9153, T. 9168.
868 - Witness JJ, T. 9707.
869 - See the discussion Infra para. 334.
870 - Witness C, T. 1240; Mandzic T.1044.
871 - General Krstic himself acknowledged that, in some situations, formal procedures are not complied with and that oral orders may be sufficient. See Krstic, T. 7405, T. 7412. General Radinovic similarly acknowledged that sometimes things have to be carried out in an ad hoc fashion in emergency situations. See Radinovic, T. 8471-8472. The Trial Chamber also notes that General Mladic was accustomed to over-riding rules and procedures.
872 - Butler, T. 5361.
873 - Butler, T. 4901.
874 - Dannatt, T. 5656-5657.
875 - Krstic, T. 6374.
876 - Butler, T. 5432.
877 - Two Defence witnesses, who were both at the Pribicevac FCP, testified that General Krstic was in command of the operation. Defence Witness DB, T .7226 (testifying that General Zivanovic didn’t interfere significantly and that his impression was that, up until 9 July 1995 the operation was under the command of General Krstic); and Defence Witness DC, T. 7438, (testifying that “Krivaja 95 was under the command of General Radislav Krstic…”).
878 - Defence Witness DC, an officer in a Drina Corps Brigade involved in Krivaja 95, testified that the Commander of the Brigade this witness belonged to in July 1995 received orders from General Krstic up until 10 July 1995 and thereafter from General Mladic directly. Defence Witness DC, T.7438-7440.
879 - P 432; and Butler Report, para. 8.10 & fn. 325.
880 - Krstic, T. 6427-6429, 6433, 6434, 6436-6437.
881 - Defence Witness DC, T. 7440.
882 - P 145 (showing General Krstic with General Mladic and others entering Srebrenica on 11 July 1995).
883 - P 367 (video of ceremony); P 482 (a magazine article in Srpska Vojska on 28 December 1995 reporting the speech given by General Mladic); and See also Butler T. 5243-5247.
884 - Krstic, T. 6446.
885 - P 756 (photo of ceremony).
886 - See P 112/1 (article dated July 20 1995 in the Belgrade Crna where President Karadzic refers to General Krstic and General Zivanovic as the “chief architects” of the Bosnian Serb victories in Srebrenica and Zepa); and P 430 and P 99, (a transcript and video respectively of a speech given by President Karadzic giving General Krstic credit for planning the attack on Srebrenica).
887 - General Krstic explained the comments as an attempt by President Karadzic to iscredit General Mladic. See Krstic T. 6308, 7570-7572. Mr. Butler also acknowledged this possibility. See Butler, T. 5468.
888 - Butler, T. 4187.
889 - See the discussion supra paras. 122-125.
890 - P 145 (video of Srebrenica 11 July 1995).
891 - P 743.
892 - P 745.
893 - Krstic, T. 6540.-6541.
894 - P 744.
895 - P 650, (in which General Krstic asks Trbic “have you killed the Turks up there?”).
896 - Krstic, T. 6514-6515.
897 - The Prosecution argued that the meeting at the Bratunac Headquarters at which General Mladic first announced his plans for the attack on Zepa actually occurred in the evening of 12 July. This conclusion was based upon the testimony of Witness II, as well as evidence that the road General Krstic reportedly travelled along the night of 11 July was not open to VRS traffic until 12 July 1995. See Prosecution Final Brief para. 241 and fn 764. The Trial Chamber finds it unnecessary to make a specific finding on this point. Whether General Krstic received his assignment for Zepa on 11 or 12 July does not, in the view of the Trial Chamber, make a material difference to the outcome of the case.
898 - Radinovic Report, para. 4.1.
899 - Krstic, T. 6208-6209, 6213-6214.
900 - Mandzic, T. 974, 987-989, 1042; Witness B, T. 886, 925-926; P 40.
901 - P 40 (transcript of meeting).
902 - P 40.
903 - See the discussion supra para. 130.
904 - Krstic, T. 6552-6554.
905 - See the discussion supra para. 128.
906 - See the discussion supra para. 130.
907 - Krstic T. 6579-6580.
908 - Krstic T. 6623.
909 - Krstic, T. 6621-6622. Although witnesses testified that General Mladic had made this statement at the meeting on the morning of 12 July 1995, General Krstic indicated this may have happened on the evening of 11 July 1995. In any event, General Krstic accepted that he knew General Mladic had made this statement.
910 - P 435, Butler, T. 4827-4828
911 - P 404 fn.130; and P 438.
912 - P 440.
913 - P 404 fn 132; and P 445.
914 - See the discussion supra paras. 143.
915 - P 446; Butler, T. 4839-4840.
916 - See generally, Butler, T. 4842.
917 - See for example, P 359, and Butler T. 4831-4832 (showing General Krstic involved with the issue of fuel); P 440, and P 443 (referring to fuel and stating that “Krsto” (a shortened name for General Krstic, (See Butler T. 4834) ordered it). P 448 (intercept at 1848 hours on 12 July 1995 between two Main Staff personnel and referring to “Krle” who the Prosecution’s military expert, Butler, believes to be a reference to General Krstic given the context of the conversation. Butler, T. 4848).
918 - Witness II, T. 9122-9123.
919 - Witness II, T. 9123. See also Witness II, T. 9157-9161.
920 - Witness II, T. 9123.
921 - Witness II, T. 9157-9161.
922 - Krstic, T. 6666.
923 - Witness II, T. 9113.
924 - Krstic, T. 6611.
925 - Defence Witness DB, a Drina Corps communications officer, insisted that the communications facilities at the Pribicevac FCP had been dismantled at about 1900 hours on 11 July 1995. See Defence Witness DB, T. 7078-7079, 7244-7245. The testimony of Defence Witness DB was corroborated by Defence Witness DG who was a Drina Corps signalman at Pribicevac in July 1995. Defence Witness DG said that he left the Pribicevac FCP on the day that the army entered Srebrenica (namely 11 July 1995), at about 1830-1930 hours, and that by the afternoon of 12 July 1995, the communications devices had already been transferred to the new FCP at Krivace. See Defence Witness DG, T. 9231-9232, 9320. The Prosecution argued that these witnesses must have been mistaken about the time at which the communications facilities at Pribicevac were dismantled. In particular, Defence Witness DB testified that, on the same evening he dismantled the Pribicevac FCP, he passed through Potocari and saw VRS soldiers present in the area amongst the Bosnian Muslim civilians and UNPROFOR members. See Defence Witness DB, T. 7081-7082. The Prosecution adduced evidence showing that there were no VRS soldiers present at Potocari until 12 July 1995, and therefore that Defence Witness DB must be mistaken about the date upon which the FCP had been dismantled. See Koster, T. 9040-9041.
926 - P 66; and P 67.
927 - Krstic, T. 6218.
928 - Krstic, T. 6219, 7404.
929 - Krstic, T. 6634.
930 - Krstic, T. 6634, 6638.
931 - See P 769 (on which Ruez, an investigator from the OTP, marked with two red arrows the area that he believes General Krstic was standing at the time of the interview).
932 - Krstic, T. 6633-6634.
933 - Krstic, T. 6220-6221.
934 - Krstic, T. 6221-6227.
935 - Krstic T. 6227.
936 - Krstic T. 6229.
937 - Krstic, T. 6229-6231.
938 - Krstic, T. 6231.
939 - Witness F, T. 1516-1519.
940 - Kingori, T. 1837-8, 1846, T.1906.
941 - Kingori, T.1908.
942 - Kingori, T. 1839.
943 - Franken, T. 2065.
944 - Franken, T. 2084.
945 - Witness II, T. 9123.
946 - Witness II, T. 9124.
947 - Witness II, T. 9124.
948 - Witness II, T. 9165-9166.
949 - Kingori, T. 1909.
950 - Kingori, T. 1874-1876.
951 - Witness F, T. 1517-1518; Kingori, T. 1837-8, 1846; Franken, T. 2065.
952 - Witness F, T. 1525; Kingori, T. 1848.
953 - Kingori, T.1848, Witness F, T. 1523-1524.
954 - Witness F, T. 1556.
955 - Witness F, T. 1906, 1910.
956 - Kingori, T. 1887.
957 - Witness F, T. 1523-1524. See also Witness F, T. 1517.
958 - Krstic, T. 6231.
959 - Krstic, T. 6233, 6669-6670.
960 - Defence Witness DA, T. 6918-6919.
961 - Krstic T. 6233.
962 - Krstic, T. 6234-.6236.
963 - Defence Witness DA, T. 6886-6887, 6926-6927.
964 - Krstic, T. 6236, 6669.
965 - Defence Witness DA, T. 6927.
966 - Defence Witness DB, T. 7097.
967 - The witness initially referred to the “first” day as being the day on which soldiers first came into the enclave, (which the Prosecutor argues was 12 July 1995). However, Witness F subsequently testified that the 12th was the “second” day. See Witness F, T. 1533. On cross-examination the witness testified the “first” day was on the day the enclave fell, namely 11 July 1995. See Witness F, T. 1554. However, on redirect, the Witness said that the “first” day was the day the VRS troops came into Potocari, which was the same day that the transportation of the refugees began (i.e. 12 July 1995). See T. 1559, and Witness F, T. 1516.
968 - Kingori, T. 1859, 1908.
969 - P 446.
970 - T. 9336.
971 - See generally, Butler, T. 5472-5473.
972 - D 167.
973 - Prosecution Final Brief, para. 233.
974 - See the discussion supra para. 156.
975 - Butler, T. 5224; and Defence Final Brief para. 32.
976 - Prosecution Final Brief, para. 235-236.
977 - See the discussion supra paras. 265.
978 - See the discussion supra para. 159.
979 - Kingori, T. 1844-1846, 1848.
980 - Kingori, T. 1853
981 - Witness D T. 1260-1298
982 - P 446; and Butler T. 4838-4839.
983 - See the discussion supra paras. 217.
984 - Butler, T. 5011.
985 - Krstic, T. 7392.
986 - Krstic, T.7392.
987 - P 508.
988 - P 509. See also P 510 (intercepted conversation dated 12 July 1995 at 1440 hours in which two unidentified participants discuss the movement of the column and at the end of the conversation General Krstic came on the line looking for Krsmanovic.).
989 - P 878.
990 - P 739.
991 - P 532.
992 - Krstic, T. 6672.
993 - P 462. Krstic, T. 6672-6673.
994 - Krstic, T. 6300.
995 - P 739.
996 - Krstic, T. 6654.
997 - Defence Witness DB, T. 9293-9295.
998 - Krstic, T. 6229, stating “If I were in General Mladic’s shoes, I would not have issued such an order (for Zepa) because we did not know where the 28th Division was and what it could do. It would have been much more useful and efficient for the forces that had taken part in the operation in Srebrenica, after their entry into Srebrenica, to go looking for the 28th Division, to pursue those units, and to get into contact with them in order to avoid the problems that occurred later and which had serious consequences for the 1st Zvornik Brigade and partly for the 1st Birac Brigade.”
999 - Krstic, T. 6203, 6229
1000 - Defence Witness DA, T. 6928- 6929.
1001 - Witness II, T. 9138.
1002 - Witness II, T. 9169.
1003 - See the discussion supra paras. 286-287.
1004 - P 463.
1005 - P 529 (intercepted conversation at 2040 hours on 13 July 1995).
1006 - Butler, T. 4903, Butler Report, para. 9.13.
1007 - P 472.
1008 - See the discussion supra para. 323.
1009 - P 478.
1010 - P 474.
1011 - P 475.
1012 - Defence Witness DB testified that Boban Indic was a member of the Visegrad Brigade (a subordinate unit of the Drina Corps) and that Indic was present during the Zepa operation. Defence Witness DB, T. 7274.
1013 - See the discussion Infra paras. 388-399.
1014 - Krstic, T. 6727.
1015 - Prosecutor’s opening statement T. 483.
1016 - P 364/1 (14 July 1995, tab 9) (conversation dated 14 July 1995 at 2102 hours); P 364/1 (14 July 1995 tab 10) (conversation dated 14 July 1995 at 2227 hours); P 364/1 (14 July 1995 tab 12) (conversation dated 14 July 1995 at 2241 hours); P 364/2 (15 July 1995 tab 1) (conversation dated 15 July 1995 at 0818 hours); and P 364/2 (17 July 1995 tab 14) (conversation dated 17 July 1995 at 2030 hours).
1017 - P 559.
1018 - P 561. The Prosecution was unable to explain who General Vilotic is or his role in the events. See Butler Report, para. 7.66.
1019 - P 851. See also P 850, being a copy of the original record of the conversation from the notebook of interceptions) .
1020 - In fact, the Trial Chamber heard that, as late as October 1995, the Bratunac Brigade was continuing to capture Muslim men who were trying to remain in the area near their houses. See P 712; and Butler, T. 5239, 5369.
1021 - Krstic, T. 6737
1022 - Butler T. 4910.
1023 - Krstic,T. 6726-6727.
1024 - Further confirmation that men from Bratunac were sent to assist in the executions is found in P 622, discussed Infra paras. 401-402.
1025 - See the discussion supra paras. 240.
1026 - See the discussion supra paras. 246-248.
1027 - See Defence Witness DC, T. 7449.
1028 - Krstic, T. 6253,-6254.
1029 - Krstic, T. 6745-6747.
1030 - Krstic, T .6744.
1031 - Krstic, T. 6777-6778.
1032 - P 228, p. 24.
1033 - P 609.
1034 - Radinovic, T. 7988, 8390-8396.
1035 - Krstic, T. 6738-6739.
1036 - Krstic, T. 6740-6741. See also, Radinovic, T. 8407-8408.
1037 - Butler Report, para. 7.77.
1038 - Radinovic, T. 8409-8410, 8410-8411.
1039 - Butler, T. 5339-5340.
1040 - See the discussion supra paras. 225 and 232.
1041 - Krstic, T. 6736, 6793.
1042 - P 650 (intercepted conversation from 17 July 1995 at 0615 hours between General Krstic and Captain Trbic of the Zvornik Brigade during which General Krstic acknowledged having received a report (which must have been one of the combat reports sent on 16 July 1995) from the Zvornik Brigade. Later in the conversation, General Krstic spoke to Colonel Pandurevic and discussed whether there were any changes to the report).
1043 - P 537, Butler, T. 4986-498.
1044 - P 537, and Krstic, T. 6771.
1045 - P 635. See also P 630 (intercepted conversation at 1355 hours on 16 July 1995 in which “Zlatar 1” (the Drina Corps Command) called “Palma 01” (the Zvornik Brigade Command) for a briefing on “what’s new for Zlatar 1”).
1046 - P 675.
1047 - Radinovic, T. 7989.
1048 - T.8417.
1049 - Radinovic, T. 8417.
1050 - Krstic, T. 6792-6793.
1051 - P 695.
1052 - Krstic, T. 6792-6793.
1053 - See the discussion supra para. 242.
1054 - P 619.
1055 - The English version of this document actually translates the BCS reference to “KDK” as “Drina Corps Commander”. Elsewhere however, this acronym has been translated as “Drina Corps Command” and the Prosecution did not Seek to argue the document referred to the Drina Corps Commander specifically. See supra para. 242 and accompanying footnote.
1056 - Butler T. 4832. See also P 638 (intercepted conversation from 16 July 1995 showing General Krstic was closely monitoring the Corps fuel resources.)
1057 - Butler, T. 5143.
1058 - P 622.
1059 - Butler, T. 5144.
1060 - Butler, T. 5144.
1061 - Butler, T. 5144.
1062 - Butler, T. 5145.
1063 - See the discussion supra para. 240, 243, 246 and 248.
1064 - Butler, T. 5148.
1065 - P 661.
1066 - See also P 662 (intercept on 17 July 1995 at 1244 hours in which an unidentified subscriber speaks to Captain Trbic at the Zvornik Brigade and asks that Colonel Popovic be contacted and told to leave right away for “Zlatar 01”, the code name associated with General Krstic in the intercepts);
1067 - P 666; P 667; Butler, T. 5186-5187.
1068 - P 886, P 01908768.
1069 - P 886, P 01908769.
1070 - P 886, P 01908764, 01908768, 01908770-1.
1071 - P 01908771.
1072 - See also the testimony of Witness J, T. 2459; Witness K, T. 2509; and Witness L, T. 2658-2661 (that, late in the afternoon of 13 July 1995, General Mladic visited the Sandici Meadow); and the testimony of Witness P, T. 2953-2954; and Witness Q, T. 3024, (that he also visited the Nova Kasaba football field in the afternoon of 13 July 1995).
1073 - Witness II, T. 9218; Krstic, T. 6669.
1074 - See also P 458 (conversation intercepted at 1822 hours on 13 July 1995 placing General Krstic and General Mladic together), and the explanation given by Butler, T. 4868.
1075 - Krstic T.6262. Defence Witness DB, T. 7101, (testifying that General Mladic occasionally came to the FCPs at Krivace and later in Godjenje, and came two or three times during the Zepa operation); and Krstic, T. 6255-6259, 6262 (testifying that he had contact with General Mladic during the Zepa operations when General Mladic came to the FCP or if a Brigade commander informed General Krstic he was in the region of deployment of that Brigade); and Defence Witness DB, T. 7290 (testifying that General Mladic was frequently at Zepa during the negotiations). See also P 671 (intercept dated 17 July 1995 of a conversation between General Mladic and General Krstic discussing matters pertaining to the negotiations at Zepa).
1076 - See the discussion supra paras. 380-387.
1077 - Defence Witness DC, T. 7503, 7513.
1078 - Witness II, T. 9134.
1079 - PP 145 A (video of the walk through Srebrenica).
1080 - See the discussion supra para. 131.
1081 - See the discussion supra para. 143.
1082 - P 620 (intercept in the afternoon of 16 July 1995 in which the duty officer at the Zvornik Brigade is passing on Colonel Popovic’s request for diesel fuel to the Drina Corps Command); and P 619 (confirming that 500 litres of diesel fuel was released to Colonel Popovic). See also P 624 (intercept on 16 July 1995 at 2233 hours in which the Duty Officer of the Zvornik Brigade confirms that Colonel Popovic had been at the Zvornik Brigade.); and P 661 (an intercepted conversation from 1242 hours on 17 July 1995 in which an officer at Drina Corps headquarters notes that Colonel Popovic was still in Zvornik.) See generally Butler, T. 5345.
1083 - P 58.
1084 - See the discussion supra paras. 401-402.
1085 - P 661; P 666; P 667; and Butler T. 5180.
1086 - Witness II, T. 9134.
1087 - See the discussion supra paras 388-399.
1088 - The Trial Chamber heard evidence that the designation “01” was used to refer to indicated “commander”. (insert details) The Prosecution conceded that, insofar as written orders were concerned, the use of this code was not uniform, so that it could not necessarily be concluded that a document which included the reference “01” was issued by the Corps Commander. However, in the context of this spoken conversation, the Chamber is satisfied that “Zlatar 01” was a reference to General Krstic given the subsequent reference to extension 385, which the Trial Chamber has already found was associated with General Krstic during this period.
1089 - P 635.
1090 - Butler, T. 5161.
1091 - P 650, See also Butler T. 5175 ff.
1092 - P 688.
1093 - P 627 (intercepted conversation on 16 July 1995 in which Colonel Cerovic states that “Triage has to be done on the prisoners. Later in the same conversation, Colonel Cerovic spoke to Colonel Beara and again mentioned triage and the prisoners, and Colonel Beara cut him off saying “I don’t want to talk about it on the phone.” At this time, the two groups of prisoners left alive were those coming from the Pilica School to the Branjevo Military Farm and those at the Pilica Dom. See Butler T. 5156.)
1094 - Krstic, T. 6667.
1095 - Krstic, T. 6669
1096 - Witness II, T. 9133.
1097 - P 886, p. 01908770.
1098 - Prosecution stipulation number 892, T. 9187.
1099 - Butler, T. 5241.
1100 - P 709; and P 710.
1101 - Krstic, T. 6623.
1102 - See the discussion supra para. 303.
1103 - Krstic, T. 6196, 6510-6511; and P 770 (Photo of General Mladic sitting down and General Krstic standing over him communicating, which General Krstic said was taken after gave order to continue operation towards Potocari). Krstic T. 6509..
1104 - P 364/2 (17 July tab 14).
1105 - Krstic, T. 6335.
1106 - P 743.
1107 - P 367; Butler, T. 5243-5246.
1108 - P 91.
1109 - Krstic, T. 6831-6834.
1110 - Defence Witness DA, T.6928- 6929.
1111 - Decision on the Defense Motion for Interlocutory Appeal on Jurisdiction, IT-94-1-AR72, 2 October 1995 (Tadic Appeal I).
1112 - Judgement, The Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, IT-96-23T and IT-96-23/1-T, 22 February 2001, para. 410.
1113 - Appeals Judgement, The Prosecutor v. Tadic , IT-94-1-A, 15 July 1999, para. 251.
1114 - Ibid., para. 248.
1115 - Article 5 of the Statute.
1116 - See note 1114 above, para. 248.
1117 - Ibid.
1118 - Part II.
1119 - Different terminology is used in the English and French versions of the Statute. The French version specifies “meurtre” whereas the English version uses the term “killing”. The term “killing” refers to any act causing death without specifying the perpetrator’s degree of intention. The Akayesu Judgement observed that the notion of “meurtre” or “murder” should be preferred to that of “killings” in accordance with the general principles of criminal law which provide that where there are two possible interpretations the one which is more favourable to the accused must be used (Akayesu Judgement, par. 501). It also noted (at para. 588) that the term “murder” is translated in French into “assassinat” (which supposes premeditation and may involve, if proven, a higher sentence) and stated that the term “meurtre” in French should be preferred, in keeping with customary international law. The Chamber subscribes to the position previously adopted by the ICTR in the Akayesu Judgement.
1120 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E) (i), 25 February 2000, para. 104, p. 38.
1121 - See in particular the Akayesu Judgement, para. 589; the Celebici Judgement, para. 439; the Blaskic Judgement, paras. 153, 181, and 217; and the Jelisic Judgement, paras. 35 and 63 (in the latter case, the Trial Chamber ruled that a perpetrator of murder must have had the intention to cause death; the forseeable consequence theory was not upheld).
1122 - The indictment covers a period from 12 July to 1st November 1995. The Prosecution, however, offered no evidence of killings occurring after approximately 19 July 1995.
1123 - See in particular the cross-examination of the accused, T. 6489.
1124 - Supra, paras. 80-84.
1125 - Supra, para. 44-45.
1126 - Supra, para. 44.
1127 - Supra, para. 45.
1128 - Supra, para. 66.
1129 - Article 6(c) of the Statute of the Nuremberg Tribunal; Article II(c) of Control Council Law No. 10, Principle VI of the Nuremberg Principles; Article 5(b) of the Statute of the ICTY; Article 3(b) of the Statute of the ICTR; Article 18(b) of the Draft Code of Crimes against the Peace and Security of Mankind adopted by the ILC at its 48th session in 1996; and Articles 7(1)(b) and 7(2)(b) of the Statute of the International Criminal Court.
1130 - See especially section 7 (3.76) of the Canadian Criminal Code and Article 212-1, paragraph 1 of the French Penal Code (adopted by Act no. 92-1336 of 16 December 1992, amended by Act no. 93-913 of 19 July 1993, entered into force on 1 March 1994) which uses the term “widespread and systematic practice of summary executions”. Yet, the definition used in French law differs from that used in the international texts because a discriminatory element is required for all crimes against humanity.
1131 - See the District Court of Jerusalem which found Adolf Eichmann guilty of the crime against humanity of extermination although no definition was expressly provided. Attorney-General of the Government of Israel v. Adolf Eichmann, Israel, District Court of Jerusalem, 12 December 1961, 36 ILR, (1968), Part IV, p. 239, See Barbie case, Cour de Cassation, 3 June 1988, 78 ILR, pp. 332 and 336.
1132 - See the following judgements. Josef Altstötter and others, US Military Tribunal, Nuremberg (1947), Law Reports of Trials of War Criminals by the UN War Crimes Commission, Vol VI. The accused were found guilty of crimes against humanity. The expression “racial extermination of the Poles” is used in the judgement to define the programme implemented nation-wide, p. 75; Amon Leopold Goeth (Hauptsturmführer), Supreme National Tribunal of Poland (1946), Law Reports of Trials of War Criminals, Vol. VII. The judgement uses the term “extermination” broadly to justify genocide. The Tribunal notes that a policy of extermination was applied in order to destroy the Jewish and Polish nations (unofficial translation), p. 9. I.G. Farben Trial: Carl Krauch and 22 others, US Military Tribunal, Nuremberg (1947-1948), Law Reports of Trials of War Criminals, Vol. X. The Krupp Case: Alfried Felix Alwyn Krupp Von Bohlen und Halbach & 11 others, US Military Tribunal, Nuremberg, (1947-1948), Law Reports of Trials of War Criminals, Vol. X. The High Command Case: Wilhelm Von Leeb and 13 others, US Military Tribunal (1947-1948), Law Reports of Trials of War Criminals, Vol. XII. The Rusha Case: Ulrich Greifelt & others, US Military Tribunal, Nuremberg, (1947-1948), Law Reports of Trials of War Criminals, Vol. XIII. The Tribunal notes that the programme implemented by the Nazis corresponded to a systematic programme of genocide which involved inter alia the extermination of national and racial groups. Gauleiter Artur Greiser, Supreme National Tribunal of Poland (1946), Law Reports of Trials of War Criminals, Vol. XIII.
1133 - Judgement, The Prosecutor v. Jean-Paul Akayesu, case no. ICTR-96-4-T, 2 September 1998, paras. 591-592; Judgement, The Prosecutor v. Kambanda, case no. ICTR-97-23, 4 September 1998; Judgement, The Prosecutor v. Kayishema/Ruzindana, case no. ICTR-95-1-T, 21 May 1999, paras. 141-147; Judgement, The Prosecutor v. Rutaganda, case no. ICTR-96-3-T, 6 December 1999, paras. 82-84; Judgement, The Prosecutor v. Musema, case no. ICTR-96-13-T, 27 January 2000.
1134 - Akayesu Judgement, para. 592. This Judgement further refers to the conditions required for a crime against humanity pursuant to the ICTR Statute, which also involve that the attack “be on discriminatory grounds, namely: national, political, ethnic, racial, or religious grounds.” There is no such requirement in Article 5 of the ICTY Statute regarding crimes against humanity other than persecution.
1135 - Prosecutor’s pre-trial Brief pursuant to Rule 65 ter (E)(i), 25 February 2001.
1136 - Ibid., para. 129.
1137 - In accordance with the Tadic I Appeals Judgement, paras. 273-305. Conversely, See Akayesu Judgement, para. 592, Kayishema/Ruzindana Judgement, para. 144, Rutaganda Judgement, paras. 83-84, and Musema Judgement, paras. 218-219.
1138 - The Prosecutor v. Radislav Krstic, case no. IT-98-33-PT, Pre-trial Brief of the Defence pursuant to Rule 65 ter (E)(i), 29 February 2000.
1139 - Ibid., paras. 35-36.
1140 - Akayesu Judgement, para. 589; Blaskic Judgement, para. 217; Jelisic Judgement, para. 35; Kupreskic Judgement, paras. 560-561.
1141 - The term appeared in the Christian Latin language in the twelfth century but was hardly used before the sixteenth. See The Oxford English Dictionary (2nd Edition) Vol. V, p. 601. Le Nouveau Petit Robert, French language dictionary (Dictionnaires Le Robert - Paris, 1994), p. 871.
1142 - Ibid. Meaning which appeared first in Vulgate and then in French.
1143 - See in particular the commentary on the ILC Draft Code of Crimes against the Peace and Security of Mankind (hereinafter, “ILC Draft Code”), Report of the International Law Commission on the work of its 48th session, 6 May - 26 July 1996, Official Documents of the United Nations General Assembly’s 51st session, Supplement no. 10 (A/51/10), Article 18, p. 118.
1144 - Cherif Bassiouni, Crimes against Humanity in International Criminal Law (2nd edition, 1999), p. 295.
1145 - Report of the Preparatory Commission for the International Criminal Court, Finalized draft text of the Elements of Crimes, PCNICC/2000/1/Add.2, 2 November 2000 (footnotes omitted).
1146 - Tadic I Appeals Judgement, paras. 281-305.
1147 - See note 1143 above.
1148 - In para. 207, the Blaskic Judgement provides: “in practice, these two criteria ?widespread and systematic attackg will often be difficult to separate since a widespread attack targeting a large number of victims generally relies on some form of planning or organisation. The quantitative criterion is not objectively definable as witnessed by the fact that neither international texts nor international and national case-law set any threshold starting with which a crime against humanity is constituted.”.
1149 - One witness testified about the slaughtering of a baby. Expert reports on the exhumations show that a small number of the victims were under the age of fifteen of over sixty-five year old. Although those victims may not legally qualify as “military aged men”, there were obviously treated by the Bosnian Serb forces as if of military age.
1150 - Indictment, para. 21 (b).
1151 - Indictment, para. 31 (b).
1152 - Akayesu Judgement, para. 504, cited in Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E) (i), 25 February 2000, para. 105, p. 39.
1153 - The Israeli Government Prosecutor General v. Adolph Eichmann, Jerusalem District Court, 12 December 1961 (hereinafter “the Eichmann District Court Judgement”), in International Law Reports (ILR), vol. 36, 1968, p. 340, cited in the Prosecutor’s pre-trial Brief pursuant to Rule 65 ter (E) (i), 25 February 2000, para. 105, p. 39.
1154 - The Prosecutor v. Radovan Karadzic and Ratko Mladic, Review of the Indictments pursuant to Rule 61 of the Rules of Procedure and Evidence, IT-95-5-R61 and IT-95-18-R61, 11 July 1996 (hereinafter “the Karadzic and Mladic case”), para. 93.
1155 - Report of the Preparatory Commission for the International Criminal Court. Finalised draft text of the elements of crimes, UN Doc. PCNICC/2000/INF/3/Add.2, 6 July 2000, p. 6.
1156 - The Prosecutor v. Clément Kayishema and Obed Ruzindana, ICTR-95-1-T, 21 May 1999, para. 109 (hereinafter “the Prosecutor v. Radovan Karadzic and Ratko Mladic Judgement”).
1157 - Prosecutor v. Radovan Karadzic and Ratko Mladic Judgement, para. 113.
1158 - Reference to serious mental harm for this purpose was first proposed by China (UN Doc. E/AC.25/SR.5, p. 9; UN Doc. A/C.6/211; UN Doc. A/C.6/232/Rev. 1; UN Doc. A/C.6/SR.81). Though at first rejected, the proposition was ultimately adopted at the initiative of India (UN Doc. A/C.6/SR.81). See also Nehemia Robinson’s The Genocide Convention; A commentary, New York, 1960, p. ix.
1159 - 132:15 CONG. REC. S1378. See also the Genocide Convention Implementing Act of 1987, s. 1091(a)(3).
1160 - Report of the Preparatory Committee on the Establishment of an International Criminal Court. Part 2. Jurisdiction, Admissibility and Applicable Law, UN Doc. A/CONF. 183/2/Add.1, 14 April 1998, p. 11.
1161 - Akayesu Judgement, para. 502.
1162 - The Prosecutor v. Zejnil Delalic, Zdravko Mucic a/k/a “Pavo”, Hazim Delic and Esad Landzo a/k/a “Zenga”, IT-96-21-T, 16 November 1998 (hereinafter “the Celebici Judgement”), para. 511.
1163 - Blaskic Judgement, para. 243.
1164 - Akayesu Judgement, para. 502.
1165 - Eichmann Disctrict Court Judgement, para. 199: “there is no doubt that causing serious bodily harm to Jews was a direct and unavoidable result of the activities which were carried out with the intention of exterminating those Jews who remained alive”.
1166 - Indictment, para. 31 (b).
1167 - Celebici Judgement, para. 552; Blaskic Judgement, para. 186.
1168 - Witness DD.
1169 - Prosecutor’s pre-trial Brief pursuant to Rule 65 ter (E) (i), para. 131.
1170 - Final Submissions of the Accused, para. 375-377.
1171 - Final Submisisons of the Accused, para. 386.
1172 - See in particular the commentary on the ILC Draft Code, p. 122 “Whereas deportation implies expulsion from the national territory, the forcible transfer of population could occur wholly within the frontiers of one and the same State”.
1173 - According to Article 49 of the Fourth Geneva Convention: “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited [...]”. Article 85(4) of Protocol I characterises “[...] the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory [...]” as a grave breach of the Protocol. Article 18 of the ILC Draft Code and Article 7(1)(d) of the Statute of the International Criminal Court specify under the same heading “deportation or forcible transfer of population” as acts liable to constitute crimes against humanity.
1174 - Kupreskic Judgement, para. 566.
1175 - Article 49 of the Fourth Geneva Convention reads as follows: “the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. (...( Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased”. Security of the population and imperative military reasons are also listed in Article 17 of Protocol II as the only reasons that could justify the evacuation of the civilian population.
1176 - Wilhelm List and others, US military Tribunal, Nuremberg (“ the Hostages Trial”), Law Reports of Trials of War Criminals, Vol. VIII, case No. 47, p. 69 (1948): “It is our considered opinion that the conditions as they appeared to the defendant at the time were sufficient, upon which he could honestly conclude that urgent military necessity warranted the decision made. This being true, the defendant may have erred in the exercise of his judgement but he was guilty of no criminal act”.
1177 - Von Lewinski (called von Manstein), British Military Court at Hamburg (Germany), Dec. 19, 1949, in 16 Annual Dig. and Reports of Public International Law Cases 509, 521 (1949): “In a country so thickly populated as the Ukraine it was necessary for the security of the troops to remove the population from the battle or the combat zone. To do otherwise would have been to invite espionage. The evacuation of this zone was therefore mere military security. Further, it was necessary to deprive the enemy of labour potential as the enemy put every able-bodied man into the army and utilised women and even small children. They could not allow them to fall into the hands of the enemy”.
1178 - Id. at 522-23. Indeed, the judge advocate went so far as to suggest that deportation of civilians could never be justified by military necessity, but only by concern for the safety of the population. Id. at 523. This position, however, is contradicted by the text of the later Geneva Convention IV, which does include “imperative military reasons”, and the Geneva Convention is more authoritative than the views of one judge advocate.
1179 - The British military tribunals did not issue reasoned opinions, so the law reports contain the submissions of the judge advocates, who advised the court on the law after the presentation of the prosecution and defence.
1180 - Von Lewinski (von Manstein), op. cit. p. 522-23.
1181 - Commentary to Geneva Convention IV, at 279.
1182 - Report of the Preparatory Commission for the International Criminal Court, Finalised Draft Text of the Elements of the Crimes, UN Doc. PCNICC/2000/INF/3/Add.2, 6 July 2000, p. 11.
1183 - Supra, paras. 128-130.
1184 - Supra, paras. 145 to 149.
1185 - Indictment, para. 31.
1186 - Kupreskic Judgement, para. 621.
1187 - Kupreskic Judgement, para. 605
1188 - Kordic and Cerkez Judgement, para. 193.
1189 - Kupreskic Judgement, para. 619; Kordic and Cerkez Judgement, para. 195.
1190 - Kupreskic Judgement, para. 622.
1191 - Counts 1 and 2.
1192 - Indictment, para. 21.
1193 - Articles II and III.
1194 - Entered into force on 12 January 1951.
1195 - Reservations to the Convention on the Prevention and Punishment of Genocide, Advisory Opinion, ICJ Reports (1951), p. 23.
1196 - ILC Draft Code, in particular, pp. 106-114.
1197 - Nicodème Ruhashyankiko, Study on the Question of the Prevention and Punishment of the Crime of Genocide, United Nations, Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, E/CN. 4/Sub. 2/ 416, 4 July 1978; Benjamin Whitaker, Revised and Updated Report on the Question of the Prevention and Punishment of the Crime of Genocide, United Nations, Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, E/CN.4/Sub. 2/1985/6, 2 July 1985.
1198 - PCNICC/2000/INF/3/Add. 2, 6 July 2000.
1199 - Prosecution Opening Statement, T. 461.
1200 - Supra, paras. 43-47, 58.
1201 - Supra, para. 59, 66.
1202 - An intercept submitted into evidence indicates that the Bosnian Serbs were aware of the column as of 12 July at 0300 hours. supra, para. 162.
1203 - Supra, para. 62.
1204 - Supra, para. 65.
1205 - Supra, para. 65.
1206 - Supra, para. 85.
1207 - Supra, para. 83.
1208 - A list of criminals of war was drawn upon Zivanovic’s order dated 13 July; an intercepted conversation between Cerovic and Beara on 16 July (P335) also indicates that the prisoners should be screened.
1209 - Supra, paras. 77, 80.
1210 - Supra, para. 171.
1211 - Supra, para. 216. The screening of the men probably took place on 12 July and in the earlier hours of 13 July.
1212 - para. 106.
1213 - P459, supra para. 86.
1214 - Execution in Kravica on 13 July, Pilica cultural Dom on 16 July.
1215 - Supra, para. 68.
1216 - Orahovac, 14 July.
1217 - See esp. Witnesses J and K’s testimony who are survivors of the execution carried out at the Kravica warehouse. supra para. 207.
1218 - Indictment, para. 21.
1219 - Jelisic Judgement, para. 66.
1220 - Prosecutor’s Submissions of agreed matters of law presented during the pre-trial conference of 7 March 2000, 8 March 2000, paras. 92 and 93.
1221 - UN Doc. A/ 96(I) (1946), 11 December 1946.
1222 - “Relations Between the Convention on Genocide on the One Hand and the Formulation of the Nurnberg Principles and the Preparation of a Draft Code of Offences Against Peace and Security on the Other”, U.N. Doc. E/AC.25/3/Rev.1, 12 April 1948, p. 6. Nehemia Robinson set forth this essential characteristic of genocide very explicitly in his commentary on the Convention: “The main characteristic of Genocide is its object: the act must be directed toward the destruction of a group. Groups consist of individuals, and therefore, destructive action must, in the last analysis, be taken against individuals. However, these individuals are important not per se but only as members of the group to which they belong” (op.cit. p. 63).
1223 - Reservations to the Convention on the Prevention and Punishment of Genocide, Advisory Opinion, ICJ Reports (1951), p. 23.
1224 - ILC Draft Code, p. 88.
1225 - Akayesu Judgement, para. 522: “The perpetration of the act charged therefore extends beyond its actual commission, for example, the murder of a particular individual, for the realisation of an ulterior motive, which is to destroy, in whole or in part, the group of which the individual is just one element”.
1226 - Kayishema, Ruzindana Judgement, para. 99 :  “'Destroying’ has to be directed at the group as such, that is, qua group”.
1227 - See in particular the Kupreskic Judgement, para. 636 and the Jelisic Judgement, para. 79.
1228 - See in particular Article 14 of the European Convention on Human Rights: “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as [...] association with a national minority [...]”. See also the Framework Convention for the Protection of National Minorities, ETS 157, or principle VII of the Final Act of the Conference on Security and Co-operation in Europe (1975), point 105, para. 2.
1229 - See in particular Article 27 of the International Covenant on Civil and Political Rights: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language”.
1230 - See in particular the definition suggested by the European Commission for Democracy through Law, The Protection of Minorities, Strasbourg: Council of Europe Press, 1994, p. 12: a national minority is “a group which is smaller in number than the rest of a population of a State, whose members, who are nationals of that State, have ethnical, religious or linguistic features different from those of the rest of the population, and are guided by the will to safeguard their culture, traditions, religion or language”.
1231 - F. Capotorti, Study on the Rights of the Persons Belonging to Ethnic, Religious and Linguistic Minorities, UN Doc. E/CN.4/Sub.2/384/Rev.1 (1979), paras. 197, referring to the debates held on a draft resolution on the definition of minorities (E/CN. 4/Sub. 2/103).
1232 - UNTS, vol. 660, no. 9646.
1233 - Article 1.
1234 - UN Doc. A/C.6/SR.73 (Petren, Sweden); UN Doc. A/C.6/SR.74 (Petren, Sweden).
1235 - The Prosecutor v. Nikolic, Review of the indictment pursuant to Rule 61, Decision of Trial Chamber I, 20 October 1995, case no. IT-94-2-R61 (hereinafter “the Nikolic Decision”), para. 27.
1236 - Jelisic Judgement, para. 70.
1237 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E) (i), 25 February 2000, para. 12.
1238 - Prosecution Final Trial Brief, para. 412.
1239 - Closing argument, T. 9983.
1240 - Final Submissions of the Accused, para. 104.
1241 - Final Submissions of the Accused, paras. 102-107.
1242 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E) (i), 25 February 2000, para. 92, p. 33.
1243 - ILC Draft Code, p. 109. See also Pieter Drost, The Crime of State, Genocide, p. 124, for a commentary on the Convention: “It is an externally perceptible quality or characteristic which the victim has in common with the other members of the group, which makes him distinct from the rest of society in the criminal mind of his attacker and which for that very reason causes the attacker to commit the crime against such marked and indicated individual”.
1244 - para. 19.
1245 - P746/a.
1246 - P743, p. 2.
1247 - Radinovic, T. 7812. supra, para. 12.
1248 - See para. 11, referring to the Report of the Secretary-General, para. 33.
1249 - The Report of the Secretary-General, para. 33, lists the crimes committed by the Bosnian Serb forces against the Bosnian Muslim population from the very outset of the conflict.
1250 - Report of the Secretary-General, paras. 34 to 37.
1251 - Supra, para. 13-14.
1252 - Statement of General Hadzihasanovic made on 24 January 2001, para. 4, corroborated by General Krstic’s statement in a press article published in November 1995 (P744/c, p. 1).
1253 - Resolution 819 (1993), 16 April 1993.
1254 - P 126: Report of the Security Council Mission set up pursuant to resolution 819 (1993), UN Doc. S/25700 (30 April 1993), para. 18.
1255 - Ibid, para. 10 and 11.
1256 - Supra, para. 15.
1257 - Supra, para. 26.
1258 - Supra, para. 28.
1259 - P 901, p. 2.
1260 - Supra, para. 120.
1261 - Supra, p ara. 24. First agreement signed on 18 April 1993, followed by the agreement of 8 May 1993.
1262 - Report of the Secretary-General, para. 225.
1263 - Supra, para. 33.
1264 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E)(i), 25 February 2000, para. 90.
1265 - Ibid, para. 91, p. 33.
1266 - Final Submissions of the Accused, 21 June 2001, para. 94.
1267 - UN Doc. A/96 (I), 11 December 1946 (Emphasis added).
1268 - UN Doc. E/447 (1947), p. 20 “the word genocide means a criminal act directed against any one of the aforesaid groups of human beings, with the purpose of destroying it in whole or in part, or of preventing its preservation or development”.
1269 - UN Doc. E/447 (1947), p. 23. See also “Relations Between the Convention on Genocide on the One Hand and the Formulation of the Nurnberg Principles and the Preparation of a Draft Code of Offences Against Peace and Security on the Other”, UN Doc. E/AC.25/3/Rev.1, 12 April 1948, p. 6: “The destruction of the human group is the actual aim in view. In the case of foreign or civil war, one side may inflict extremely heavy losses on the other but its purpose is to impose its will on the other side and not to destroy it.”
1270 - ILC Draft Code, p. 88 (emphasis added).
1271 - ICJ Repors (1996), p. 240.
1272 - Para. 26. The Chamber notes however that several dissenting opinions criticised the Opinion on the issue by holding that an act whose forseeable result was the destruction of a group as such and which did indeed cause the destruction of the group did constitute genocide. In particular, Judge Weeramantry observes that the use of nuclear weapons inevitably brings about the destruction of entire populations and constitutes, as such, genocide. He thus challenges the interpretation that “there must be an intention to target a particular national, ethnical, racial or religious group qua such group, and not incidentally to some other act” (Reports p. 502). In the same vein, Judge Koroma comments on “the abhorrent shocking consequences that a whole population could be wiped out by the use of nuclear weapons during an armed conflict”. He claims that such a situation constitutes genocide “if the consequences of the act could have been foreSeen” (Reports, p. 577).
1273 - ICTR 97-23-S, 4 September 1998 (hereinafter The “Kambanda Judgement”), para. 16.
1274 - 21 May 1999, para. 89.
1275 - Article 211-1 of the French Criminal Code states that the crime must be committed “in the execution of a concerted plan to destroy wholly or partially a group”.
1276 - See in particular Eric David, Droit des conflits armés, p. 615; Alexander K.A. Greenawalt, “Rethinking genocidal intent: the case for a knowledge-based interpretation”, Columbia Law Review, December 1999, pp. 2259-2294; Gil Gil Derecho penal internacional, especial consideracion del delito de genicidio, 1999.
1277 - The element of premeditation was dismissed at the proposal of Belgium (UN Doc. A/C.6/217) on the ground that such a provision was superfluous in light of the special intent already incorporated into the definition of the crime (UN Doc. A/C.6/SR.72, p. 8).
1278 - Jelisic Appeal Judgement, para. 48.
1279 - Supra, para. 85-87.
1280 - Axis Rule in Occupied Europe, p. 79, pp. 87-89.
1281 - ILC Draft Code, op. cit., commentary of article 17, p. 106.
1282 - USA v. Ulrich Greifelt et al, Trials of War Criminals, vol. XIV (1948), p. 2: “The acts, conduct, plans and enterprises charged in Paragraph 1 of this Count were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups, in part by murderous extermination, and in part by elimination and suppression of national characteristics”. See also the judgements rendered by the Polish Supreme Court against Amon Leopold Goeth (Trials of War Criminals, vol. VII, no. 37, p. 8) and Rudolf Franz Ferdinand Hoess (Trials of War Criminals, vol. VII, no. 38, p. 24).
1283 - Violations of Human Rights in Southern Africa: Report of the Ad Hoc Working Group of Experts, UN Doc. E/CN.4/1985/14, 28 January 1985, paras. 56 and 57.
1284 - The notion of a cultural genocide was rejected by the General Assembly Sixth Committee by 25 votes to 6, with 4 abstentions and 13 delegations absent.
1285 - ILC Draft Code, pp. 90-91.
1286 - UN Doc. AG/Res./47/121 of 18 December 1992.
1287 - Federal Constitutional Court, 2 BvR 1290/99, 12 December 2000, para. (III)(4)(a)(aa). Emphasis added.
1288 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E)(i), 25 February 2000, para. 100.
1289 - Prosecutor’s pre-trial brief pursuant to Rule 65 ter (E)(i), 25 February 2000, para. 101.
1290 - Review of the Indictment pursuant to Rule 61 of the Rules of Procedure and Evidence, Decision of Trial Chamber I, 20 October 1995, IT-94-2-R61, para. 34.
1291 - Jelisic Judgement, para. 83.
1292 - Final Submissions of the Accused, paras. 96-101.
1293 - Letter of Raphael Lemkin published in “Executive Sessions of the U.S. Senate Foreign Relations Committee”, Historical Series 781-805 (1976), p. 370, quoted in the Defence Final Trial Brief, para. 97. Raphael Lemkin explained that partial destruction must target a substantial part in such a way that it affects the group as a whole.
1294 - Senate Executive Report No. 23, 94th Cong., 2nd Session (1976), pp. 34-35.
1295 - In this regard, See especially the commentary of the representative of the United Kingdom, Fitzmaurice, UN Doc. A/C.6/SR. 73. The preparatory work is unclear on the issue. It does indeed Seem that there was confusion between the actus reus and the mens rea in this respect.
1296 - Draft Convention for the Prevention and Punishment of Genocide presented by the Secretary-General, 26 June 1947, UN Doc. E/447, p. 24.
1297 - Nehemia Robinson, The Genocide Convention, p. 63: “the intent to destroy a multitude of persons of the same group must be classified as genocide even if these persons constitute only part of a group either within a country or within a region or within a single community, provided the number is substantial”. The writer also noted before the Foreign Relations Commission of the American Senate: “the intent to destroy a multitude of persons of the same group must be classified as genocide even if these persons constitute only part of a group either within a country or within a single community, provided the number is substantial because the aim of the convention is to deal with action against large numbers, not individual events if they happen to possess the same characteristics. It will be up to the court to decide in every case whether such intent existed” (The Genocide Convention - Its Origins and Interpretation, reprinted in Hearings on the Genocide Convention Before a Subcomm. of the Senate Comm. on Foreign Relations, 81st Cong., 2nd Sess., 487, 498 (1950) ).
1298 - Pieter Drost, The Crime of State, Book II, Genocide, Sythoff, Leyden, p. 85: “Acts perpetrated with the intended purpose to destroy various people as members of the same group are to be classified as genocidal crimes although the victims amount to only a small part of the entire group present within the national, regional or local community”.
1299 - Ibid., p. 89.
1300 - Prosecutor v. Radovan Karadzic and Ratko Mladic case, para. 97: “'in part' requires the intention to destroy a considerable number of individuals who are part of the group”.
1301 - The Prosecutor v. Ignace Bagilishema , case no. ICTR-95-1A-T, 7 June 2001 (hereinafter “Bagilishema Judgement”) para. 64: “Although the destruction sought need not be directed at every member of the targeted group, the Chamber considers that the intention to destroy must target at least a substantial part of the group”.
1302 - Para. 29.
1303 - Report of the Commission of Experts , UN Doc. S/1994/674, para. 94 (emphasis added).
1304 - Application of the Convention of the Prevention and Punishment of the Crime of Genocide, Bosnia-Herzegovina v. Yugoslavia (Serbia and Montenegro), Order on further Requests for the Indication of Provisional Measures, ICJ Reports (1993), pp. 325- 795.
1305 - Separate Opinion of Judge Lauterpacht, ICJ Reports (1993), p. 431.
1306 - There are varying estimates as to the number of victims. The Israeli commission of inquiry put the number of victims at 800. However, according to the ICRC, no less than 2,400 people were massacred. The massacre was perpetrated over two days, on 16 and 17 September 1982.
1307 - UN Doc. AG/Res.37/123D (16 December 1982), para. 2. It should however be noted that the resolution was not adopted unanimously, notably, the paragraph characterising the massacre as an act of genocide was approved by 98 votes to 19, with 23 abstentions. See UN Doc. A/37/PV.108, para. 151.
1308 - Jelisic Judgement, para. 83.
1309 - Düsseldorf Supreme Court, Nikola Jorgic case, 30 April 1999, 3StR 215/98.
1310 - Federal Constitutional Court, 2BvR 1290/99, 12 December 2000, par. 23: “The courts also do not go beyond the possible meaning of the text by accepting that the intent to destroy may relate to a geographically limited part of the group. There is support for that interpretation in the fact that STGB para. 220a ( the national law integrating the Convention( penalises the intent to destroy partially as well as entirely”.
1311 - Bavarian Appeals Court, Novislav Djajic case, 23 May 1997, 3 St 20/96, section VI, p. 24 of the English translation.
1312 - Prosecutor’s final Trial Brief, para. 412.
1313 - Prosecutor’s final Trial Brief, para. 420.
1314 - Prosecutor’s final Trial Brief, para. 423.
1315 - P425.
1316 - cited in the Prosecutor’s final Trial Brief, para. 425.
1317 - P750, cited in the Prosecutor’s final Trial Brief, para. 416.
1318 - Prosecutor’s final Trial Brief, para. 438.
1319 - T. 10004-10005.
1320 - Closing arguments, T. 10009.
1321 - Final Submissions of the Accused, para. 131.
1322 - Closing arguments, T. 10113.
1323 - Final Submissions of the Accused, para. 133.
1324 - Closing arguments, T. 10118.
1325 - Closing arguments, T. 10118.
1326 - Closing arguments, T. 10118-10119.
1327 - Final Submissions of the Accused, paras. 141-145.
1328 - Final Submissions of the Accused, para. 156.
1329 - Final Submissions of the Accused, para. 161, Closing arguments, T. 10129.
1330 - Final Submissions of the Accused, para. 157, 166.
1331 - Closing arguments, T. 10120.
1332 - Final Submissions of the Accused, paras. 146-147.
1333 - Closing arguments, T. 10139.
1334 - Closing arguments, T. 10140.
1335 - Supra, paras. 90-94.
1336 - Supra, paras. 41, 123, 153.
1337 - It was eventually turned into a parking lot. P4/4 to P4/6; Ruez, T. 542-543.
1338 - See Witness Halilovic, supra para. 94.
1339 - Para. 18 of the Indictment. In its Final Trial Brief (para. 27), the Prosecution makes reference to each head - except “committing” - mentioned in Article 7(1) as well as the “common purpose doctrine” (discussed below) as a basis for General Krstic’s guilt.
1340 - Cf. Article 6(1) of the Statute of the ICTR. In its Final Trial Brief (para. 3), the Prosecution incorporates by reference its submissions on Article 7 in its Pre-Trial Brief (paras 13-86). Likewise, the Defence’s submissions on Article 7 in its Pre-Trial Brief (paras 13-29) are incorporated in its Final Trial Brief (para. 2).
1341 - Akayesu Judgement, para. 480; Blaskic Judgement, para. 279; Kordic and Cerkez Judgement, para. 386.
1342 - Akayesu Judgement, para. 482; Blaskic Judgement, para. 280; Kordic and Cerkez Judgement, para. 387.
1343 - Akayesu Judgement, para. 483; Blaskic Judgement, para. 281; Kordic and Cerkez Judgement, para. 388.
1344 - Tadic Appeal Judgement, para. 188; Kunarac et al. Judgement, para. 390.
1345 - Aleksovski Appeal Judgement, paras. 162-164.
1346 - Tadic Appeal Judgement, paras. 185-229. The Appeals Chamber in the Tadic Appeal Judgement interchangeably used several other terms, such as “common purpose” liability (Tadic Appeal Judgement, para. 220), to denote the same form of participation. For reasons discussed below, the Trial Chamber proposes to apply the label “joint criminal enterprise” throughout this Judgement. Trial Chamber II recently discussed joint criminal enterprise liability in detail in Prosecutor v. Radoslav Brdanin and Momir Talic , Decision on Form of Further Amended Indictment and Prosecution Application to Amend, Case No. IT-99-36-PT, 26 June 2001 (the “Talic Decision”).
1347 - The Trial Chamber notes in this regard that the Appeals Chamber held that: “Although greater specificity in drafting indictments is desirable, failure to identify expressly the exact mode of participation is not necessarily fatal to an indictment if it nevertheless makes clear to the accused the ‘nature and cause of the charge against him’”. Celebici Appeal Judgement, para. 351.
1348 - Furundzija Judgement, para. 189; Kupreskic Judgement, para. 746; Kunarac et al. Judgement, para. 388.
1349 - Prosecutor’s Pre-trial Brief, paras. 21-27. The Prosecution refers to joint criminal enterprise liability as “co-perpetration”; the Appeals Chamber has in fact employed this term in this sense (Tadic Appeal Judgement, paras. 196, 228; Furundzija Appeal Judgement, para. 118). The Prosecution further considers “co-perpetration” to be a form of “committing”.
1350 - Defence’s Pre-trial Brief, paras. 18-19. See also para. 21 of the Prosecutor’s Pre-trial Brief annexed to the Prosecutor’s Submission of Agreed Matters of Law Presented During the Pre-trial Conference of 7 March 2000, dated 8 March 2000. On the Defence’s objection to the joint criminal enterprise doctrine, See para. ?? supra.
1351 - See Indictment, e.g., paras. 6-11.
1352 - Para. 19 of the Indictment.
1353 - See, e.g., Blaskic Judgement, para. 294; Kunarac et al. Judgement, para. 395.
1354 - Likewise, Prosecutor v. Radovan Karadzic and Ratko Mladic Judgement, para. 223; Blaskic Judgement, para. 337.
1355 - Paras. 38-51, 337.
1356 - Murder, cruel and inhumane treatment (including terrorisation, destruction of personal property and forcible transfer) - count 6.
1357 - Forcible transfer - count 8.
1358 - Supra paras. 340, 344.
1359 - Supra paras. 340, 354.
1360 - Tadic Appeal Judgement, para. 227.
1361 - Tadic Appeal Judgement, para. 227(ii). The Appeals Chamber reaffirmed this statement in the Furundzija Appeal Judgement, para. 119.
1362 - The Prosecution submits that it is not required that each participant fulfils different elements of the actus reus of the crime; it suffices that each participant makes an essential contribution to the execution of the crime (Prosecutor’s Pre-Trial Brief, para. 23). In this respect, the Defence formulates its reservation to the joint criminal enterprise doctrine as follows: “it is necessary (…( to specify among the actus rei each individual act committed by each perpetrator.” (Defence’s Pre-Trial Brief, para. 18).
1363 - Talic Decision, para. 43.
1364 - Supra para. 344.
1365 - Tadic Appeal Judgement, para. 228.
1366 - Talic Decision, para. 31 (emphasis in original). Since members of the joint criminal enterprise may incur liability for crimes committed by other members which fall outside the object of the common plan, the Trial Chamber agrees that the doctrine is best referred to as “joint criminal enterprise”, rather than “common purpose” liability (Talic Decision, para. 37). Furthermore, it is noteworthy that in regard to responsibility for a crime falling outside the object of the joint enterprise, the Talic Decision explains that the requirement that such a crime be a “natural and forseeable” consequence of the execution of the enterprise, “is an objective element of the crime, and does not depend upon the state of mind on the part of the accused”. The requirement that the accused was aware that the commission of such a crime was a possible consequence of the execution of the enterprise, “is the subjective state of mind on the part of the accused which the prosecution must establish.” Talic decision, para. 30 (emphasis in original).
1367 - Forcible transfer - count 8.
1368 - Murder, and cruel and inhumane treatment (including terrorisation, destruction of personal property and forcible transfer) - count 6.
1369 - Count 1 of the Indictment.
1370 - Count 2 of the Indictment.
1371 - Count 6 of the Indictment.
1372 - Count 3 of the Indictment.
1373 - Count 4 of the Indictment.
1374 - Count 5 of the Indictment.
1375 - Supra, para. 470.
1376 - Richard Butler, VRS Corps Command Responsibility Report, Section Two, para. 2.6 (P401). In his Report, Prosecution military expert Mr Butler refers to, amongst others, para. 66 of the JNA Rules for Land Forces Corps (Provisional) (P402/4) and Article 11 of the JNA Regulations on the Responsibilities of the Land Army Corps Command in Peacetime (P402/10). On the applicability of these instruments of the former Yugoslav National Army to the Army of Republika Srpska, See Infra. On the responsibilities of the VRS Corps Chief of Staff, See also the testimony of Prosecution military expert General Dannatt, T. 5578.
1377 - Supra paras. 363-379, 465-472.
1378 - Supra paras. 220-225.
1379 - Supra para. 449.
1380 - Supra para. 450.
1381 - Supra para. 451.
1382 - Supra para. 452.
1383 - Supra para. 453.
1384 - Supra para. 266.
1385 - Supra para. 330.
1386 - Butler Report; Statement of Major General F.R. Dannatt, Military Expert (P385A).
1387 - Prof. Dr. Radovan Radinovic, Retired General, Military Expert Testimony of Srebrenica (D160).
1388 - The Trial Chamber accepts that these JNA documents were the regulatory foundation of the VRS; it understands this to be the position of General Radinovic. See Butler Report, para. 1.4; Radinovic, T. 7997-7998.
1389 - Krstic, T. 6341.
1390 - Krstic, T. 6342.
1391 - Radinovic, T. 7809, 7999. P402/7 contains The Instructions on How the 4th Corps Command is to Operate When Carrying out Priority Assignments in Peacetime and Wartime.
1392 - Butler Report, para. 2.0, referring to page 14 of the Instructions on How the 4th Corps Command is to Operate When Carrying out Priority Assignments in Peacetime and Wartime; Radinovic, T. 8011.
1393 - P142/40.
1394 - Signed into effect by the President of Republika Srpska on 18 August 1992. P142/24.
1395 - See Radinovic Report, Chapter III, para. 3.7. General Radinovic testified that “the (…( Corps Commander (…( does not share his command responsibility with anybody at all.” (T. 8019). Mr Butler testified that “(the Commander( is legally empowered with the authorities and the responsibilities to command and direct the activities of his, in this case, corps.” (T. 4754-4755). See also Dannatt Report, para. 26. The evidence does not establish that the 10th Sabotage Detachment and the MUP were re-subordinated to the Drina Corps, however, and General Krstic’s formal powers therefore did not extend to these troops (supra paras. 278-290).
1396 - Supra, para. 312.
1397 - Supra, para. 318.
1398 - Supra, para. 312.
1399 - Supra, para. 322.
1400 - Supra, para. 322.
1401 - Witness JJ was told by General Zivanovic that General Mladic had informed him between 15 and 20 June 1995 that General Krstic was going to replace him as Corps Commander. General Zivanovic also told the witness that General Krstic was anxious to be in command. T. 9683, 9708.
1402 - Supra, para. 323.
1403 - Supra, para. 380.
1404 - Supra, paras. 386 and 401.
1405 - Prosecutor’s Pre-Trial Brief, .06-107. During closing argument, the Prosecution submitted that General Krstic “had the genocidal intent from the beginning, he maintained it throughout, and that complicity for genocide would require some leaps of faith based principally on General Krstic’s testimony. We don’t think that the interpretation should be given to the facts in this case that he is culpable of only complicity.” T 10020.
1406 - Defence’s Final Trial Brief, para. 123.
1407 - Defence’s Final Trial Brief, paras. 124-128.
1408 - In this respect, it is noteworthy that the ICC Statute includes a single provision on individual criminal responsibility - Article 25 - which is applicable to all crimes within the jurisdiction of the ICC, including genocide.
1409 - The Report of the Secretary-General states that “the (Genocide( Convention is today considered part of international customary law as evidenced by the International Court of Justice in its Advisory Opinion on Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, 1951.” Report of the Secretary-General, para. 45 (footnote omitted).
1410 - The Trial Chamber notes that in Akayesu and Musema ICTR Trial Chamber I pronounced on the elements of “complicity in genocide”. However, the Trial Chamber interpreted “complicity” in accordance with the Rwandan Penal Code, which is why this jurisprudence is only of limited value to the present case. See Akayesu Judgement, paras. 537, 540; Musema Judgement, paras. 179, 183.
1411 - Tadic Appeal Judgement, paras. 220, 223 (emphasis provided).
1412 - Prosecutor v. Radoslav Brdanin and Momir Talic , Decision on Motion by Momir Talic for Provisional Release, Case No. IT-99-36-PT, 28 March 2001, paras. 40-45.
1413 - According to the Appeals Chamber: “a proper construction of the Statute requires that the ratio decidendi of its decisions is binding on Trial Chambers”. Aleksovski Appeal Judgement, para. 113.
1414 - Celebicii Appeal Judgement, para. 338.
1415 - Kordic and Cerkez Judgement, para. 373.
1416 - The Trial Chamber notes in this respect that Article 141 of the Criminal Code of Republika Srpska (P402/98) provides with regard to genocide that he who orders the commission of genocidal acts or commits such acts shall be punished by imprisonment of at least five years or by the death penalty. This supports the finding that the category of principle perpetrators of genocide is not limited to those physically committing acts of genocide. On 21 July 1993, the National Assembly of Republika Srpska adopted - with minor amendments unrelated to the above provision – the Criminal Code of the Socialist Federative Republic of Yugoslavia and renamed it the “Criminal Code of Republika Srpska”. See Law on Amendments to the Criminal Code of the Socialist Federative Republic of Yugoslavia (P402/58).
1417 - Since it can not be concluded beyond reasonable doubt that Drina Corps troops - or other troops under the effective control of General Krstic - were responsible for the terror crimes at Potocari (FM, para. 155), the Trial Chamber can not conclude that General Krstic incurs liability for these crimes under Article 7(3).
1418 - This is the first test under Article 7(3) (Celebici Appeal Judgement, paras 186-198, 266). In the case in point, there is no evidence to rebut the presumption that as Commander of the Drina Corps, General Krstic’s de jure powers amounted to his effective control over subordinate troops (Celebici Appeal Judgement, para. 197). To the contrary, the evidence on the record confirms that as Corps Commander General Krstic was firmly in charge of his troops. Conversely, it has not been established that General Krstic exercised formal powers over the 10th Sabotage Detachment and the MUP. In the absence of other conclusive evidence that he in reality did exercise effective control over these troops, General Krstic can not be said to incur command responsibility for their participation in the crimes.
1419 - P402/76
1420 - Krstic, T. 6346-6347.
1421 - Exhibit 402/68; Guidelines, p. 8.
1422 - Radinovic, T. 8057.
1423 - Radinovic, T. 8466.
1424 - Supra, para. 477.
1425 - Krstic, T. 6350-6351, 6358, 7422.
1426 - Krstic, T. 6347.
1427 - Butler, T. 5474-5. General Dannatt testified likewise, stating that: “I don’t believe I have come across an incident in the Balkans whereby a general who refused to follow orders has been shot. (…( I think there are cases of people being removed or dismissed from their position, which is quite common in military matters.” Dannatt, T. 5685.
1428 - Supra, paras. 334, 417.
1429 - Rule 87 (B).
1430 - The Rule was last amended at the Twenty Third Plenary Session in December 2000 and, since it may be construed as more favourable to the accused than the previous one, is applicable in this case.
1431 - Rule 87 (D).
1432 - Celebici Appeal Judgement, paras. 400 et seq.
1433 - Jelisic Appeal Judgement, para. 82.
1434 - The submissions were filed before the Jelisic Appeals Judgement was rendered.
1435 - Prosecution Final Trial Brief, para. 472.
1436 - The Prosecutor v Krstic, Decision on Defence Preliminary Motion on the form of the Amended Indictment, Case No IT-98-33-PT, 28 January 2000, pp. 4-7.
1437 - Celebici Appeal Judgement, para. 400.
1438 - The genocide is perpetrated through the killings of the group and through serious bodily or mental harm caused to members of the group.
1439 - The offence of persecutions is perpetrated through the murder of thousands of Bosnian Muslim civilians, including men, women, children and elderly persons, the cruel and inhumane treatment (including severe beatings) of Bosnian Muslim civilians, the terrorising, the destruction of personal property of Bosnian Muslim civilians and the deportation or forcible transfer of Bosnian Muslims from Srebrenica.
1440 - Prosecution Final Trial Brief, para. 473. It should be noted that the Prosecution Seems to have misread the Celebici Test, which is detailed Infra in (ii) “the Test laid down by the Appeals Chamber in the Celebici case”.
1441 - Final Submission of the Accused, para. 399.
1442 - Final Submission of the Accused, para. 400, p. 124.
1443 - Final Submission of the Accused, para. 400, p. 124.
1444 - Final Submission of the Accused, paras. 397, 398.
1445 - Celebici Appeal Judgement, para. 412.
1446 - Celebici Appeal Judgement, para. 413.
1447 - Celebici Appeal Judgement, para. 424. Also, on the question of whether entering cumulative convictions under Articles 2 and 3 is permissible, the Appeals Chamber in the Celebici case stated that “It should also be borne in mind that Article 2 applies to international conflicts, while Article 3 applies to both internal and international conflicts. However, this potentially distinguishing element does not come into play here, because the conflict at issue has been characterised as international as well“. Footnote 652.
1448 - The armed conflict requirement in Article 5’s chapeau has been characterised by the jurisprudence of the Tribunal as not a substantive requirement for cumulative convictions purposes. It is however a jurisdictional requirement for the application of Article 3 of the Statute. Jelisic Appeal Judgement, para. 82. See also Tadic Jurisdiction Decision and Tadic Appeal Judgement, para. 249.
1449 - The Trial Chamber has found that the transfer of the Bosnian Muslim civilians from Potocari to areas controlled by Muslim forces is to be characterised as forcible transfer and not as deportation. See supra, para. XX (genocide part).
1450 - Tadic Judgement, para. 729 (citing the ILC Draft Code, p. 103).
1451 - Supra, para. 670.
1452 - Jelisic Appeal Judgement, para. 82.
1453 - Tadic Jurisdiction Decision, para. 141: “It is by now a settled rule of customary international law that crimes against humanity do not require a connection to international armed conflict. Indeed, as the Prosecutor points out, customary international law may not require a connection between crimes against humanity and armed conflict at all...”.
1454 - Prosecutor v Tadic , Decision on Defence Motion on the Form of the Indictment, Case No IT-94-1-PT, 14 November 1995, para. 11.
1455 - The question of whether genocide is an autonomous crime or an aspect of a crime against humanity was discussed during the drafting of the genocide Convention. Many delegates were firm in their views that the two concepts of genocide and crimes against humanity should be kept separate and the Ad Hoc Committee rejected the proposition to have the preamble describe genocide as “a crime against humanity”. The Polish delegate expressed the view held by representatives of the Ad Hoc Committee that while it is true that genocide is a crime against humanity, to state that in the Genocide Convention would overreach the provisions of General Assembly Resolution 180 (II). See, W. Schabas, Genocide in International Law, p 64. Similarly, the ICTY in the Karadzic and Mladic case held that the genocidal “intent may also be inferred from the perpetration of acts which violate, or which the perpetrators themselves consider to violate the very foundation of the group- acts which are not in themselves covered by the list in Article 4 (2) but which are committed as part of the same pattern of conduct”. Consideration of the Indictment within the framework of Rule 61, para. 94. The ICC Statute indicates clearly that genocide requires that “the conduct took place in the context of a manifest pattern of similar conduct”, repeating the requirement that crimes against humanity are not perpetrated as isolated or random acts but are part of a pattern of similar acts. Report of the Preparatory Commission for the ICC.
1456 - Supra, para. 498.
1457 - In the Karadjzic and Mladic case, the Trial Chamber considered that the definition of genocide requires “a reasonably significant number, relative to the total of the group as a whole, or else a significant section of a group such as its leadership.”, transcript on hearing on 27 June 1996, p. 15.
1458 - Prosecution Final Trial Brief, para. 467.
1459 - Defence Closing Argument, T. 10148.
1460 - Aleksovski Appeal Judgement, para. 107.
1461 - See in particular, Kunarac judgement, paras 836 et seq.; Kordic Judgement, para. 847.
1462 - Rule 101 defines the weight to be placed upon the provisions of Article 24 when determining the appropriate sentence. Rule 101 provides in full that: (A) A convicted person may be sentenced to imprisonment for a term up to and including the remainder of the convicted person's life. (B) In determining the sentence, the Trial Chamber shall take into account the factors mentioned in Article 24, paragraph 2, of the Statute, as well as such factors as: (i) any aggravating circumstances; (ii) any mitigating circumstances including the substantial cooperation with the Prosecutor by the convicted person before or after conviction; (iii) the general practice regarding prison sentences in the courts of the former Yugoslavia; (iv) the extent to which any penalty imposed by a court of any State on the convicted person for the same act has already been served, as referred to in Article 10, paragraph 3, of the Statute. (C) The Trial Chamber shall indicate whether multiple sentences shall be served consecutively or concurrently. (D) Credit shall be given to the convicted person for the period, if any, during which the convicted person was detained in custody pending surrender to the Tribunal or pending trial or appeal.
1463 - In particular, as to the sentence to be imposed for cumulative convictions, the Appeals Chamber in the Celebici case held that ”…the overarching goal in sentencing must be to ensure that the final or aggregate sentence reflects the totality of the criminal conduct and overall culpability of the offender. […]. The decision as to how this should be achieved lies within the discretion of the Trial Chamber”, Celebici Appeal Judgement, para. 430.
1464 - Most of the Trial Chambers of the ICTY have rendered judgements imposing multiple sentences, but the Jelisic, Blaskic, Kordic, Kunarac, Kambanda and Serushago Judgements imposed single sentences as in the cases before the Nuremberg and Tokyo Military Tribunals.
1465 - Tadic Sentencing Judgement II, para. 12; Furudzija Judgement, para. 285; Aleksovski Judgement, para. 242; Kordic Judgement, para. 849; Kunarac Judgement, para. 859. The ICTR adopts, mutatis mutandis, a similar position: Kambanda Judgement, para. 23; Akayesu Sentence, para. 12-14; Kayishema Sentence, paras. 5-7.
1466 - See Chapter XVI of the criminal code of the former Yugoslavia "Crimes Against Humanity and International Law: Articles 141 and 142(1) dealt with the crimes of genocide and other war crimes committed against civilians. See also Articles 142-156 and Articles 38 "Imprisonment", 41 "Sentences", and 48 "Coincidence of several offences. " Crimes against peace and international law, including the crime of genocide and war crimes against a civilian population, were punishable by a sentence of 5-15 years in prison, by the death penalty or by 20 years in prison if a prison sentence was substituted for the death penalty, or in cases of aggravated homicide.
1467 - Article 41(1) of the criminal code of the SFRY states: " The court shall determine the sentence for the perpetrator of a given crime within the limits prescribed by the law for this crime, bearing in mind the purpose of the punishment and taking into account all the circumstances that could lead to this sentence being more or less severe, in particular: the degree of criminal responsibility, the motives of the crime, the degree of the threat or damage to protected property, the circumstances under which the crime was committed, the background of the perpetrator, his personal circumstances and behaviour after the commission of the crime as well as other circumstances which relate to the character of the perpetrator”.
1468 - Kordic Judgement, para. 849.
1469 - Tadic Sentencing Judgement II, para. 12.
1470 - Report of the Secretary General, paras 111-112.
1471 - Celebici Judgement, para. 1225.
1472 - Celebici Appeal Judgement, para. 741.
1473 - Celebici Appeal Judgement, paras. 756-758.
1474 - Prosecution Final Trial Brief, para. 468 (citing Blaskic Judgement, para. 800, itself citing Kambanda judgement, para. 9, 16).
1475 - Tadic Sentencing Judgement III, para. 69 and the Separate Opinion of Judge Shahabuddeen. The Appeals Chamber, and subsequently Trial Chambers confirmed this assertion. Furundzija Judgement, paras 240 to 243; Kunarac Judgement, para. 851. In the opposite sense, See Separate Opinion of Judge Cassese appended to the Tadic Sentencing Judgement III, para. 14, where it is stated that crimes against humanity are more serious than war crimes because of “a whole pattern of criminality” within which they are committed and the intent of the perpetrator of the crime who must be aware of the said pattern. Also See the Joint Separate Opinions of Judge McDonald and Judge Vohrah appended to Erdemovic Appeal Judgement, paras 20 et seq. and Separate and Dissenting Opinion of Judge Li appended to the Erdemovic Appeal Judgement, paras 19 et seq. See also the Declaration of Judge Vohrah appended to the Furundzija Appeal Judgement, in particular paras 5 et seq.
1476 - In this regard, the Trial Chamber in the Tadic case held that “… What is to be punished by penalty is the proven criminal conduct…”. Prosecutor v. Tadic , Decision on Defence Motion on the Form of the Indictment, IT-94-1-PT, 14 November 1995.
1477 - Tadic Sentencing Judgement III, para. 69.
1478 - Celebici Judgement, para. 1226.
1479 - Prosecutor’s Final Brief, para. 469; See also Erdemovic Appeal Judgement, para. 15, the Kambanda Judgement, para.42, Kayishema Sentence, para. 26; Kordic Judgement, para. 852.
1480 - Furundzija Judgement, para. 283.
1481 - Prosecution Final Trial Brief, para. 471.
1482 - Celebici Judgement, para. 1268.
1483 - Jelisic Judgement, para. 132.
1484 - Kayishema Sentence, para. 18; Blaskic Judgement, para. 787; Kordic Judgement, para. 852.
1485 - In the opposite sense, Kunarac judgement, which refers to the fact that some crimes stretch over a long period or are committed repeatedly as an aggravating circumstance, para. 865. This fact Seems to enter in the quantitative assessment of the crimes.
1486 - Tadic Judgement; the Celebici (paras.1226, 1260, 1273), Furundzija (paras 281 et seq.) and Blaskic (para. 787) Judgements.
1487 - Blaskic Judgement, paras. 779 and 780.
1488 - Erdemovic Sentencing Judgement, para. 110, and Erdemovic Sentencing Judgement II, para. 16(1).
1489 - In many national jurisdictions, the law specifically identifies those aggravating circumstances, e.g. Criminal Law (Sentencing) Act of South Australia, (1988), Section 10; United States of America Federal Sentencing Guidelines. In some jurisdictions, the judge cannot consider any other aggravating circumstances than those provided by the law, e.g. French Criminal Code, articles 132.71 et seq. (in general) for instance; Dutch Criminal Code, Articles 10, 57, 421-423 for instance.
1490 - Prosecution Final Trial Brief, para. 471.
1491 - Kambanda Judgement, para. 44, Kupreskic Judgement, para. 862; Rutaganda Judgement, para. 470 and Akayesu Judgement, para. 36.
1492 - Rutaganda Judgement, para. 469: "the fact that a person in a high position abused his authority and committed crimes is to be viewed as an aggravating factor." Kambanda Judgement, para. 44. In this regard, the Appeals Chamber reduced the sentence imposed on Dusko Tadic from 25 to 20 years stating that “there is a need for sentences to reflect the relative significance of the role of the [accused] and […to take into account] his level in the command structure, [which] was law.”, Tadic Sentencing Judgement III, paras 55-57.
1493 - Sentences imposed by the ICTY on subordinates are of an average of 15 years imprisonment as opposed to sentences imposed on superiors, which are of an average of 17 years imprisonment.
1494 - Prosecution Final Trial Brief, para. 471.
1495 - The Defense submits that the true motive for the murders of the Bosnian Muslim men, were vengeance and punishment, for failing to surrender following General Mladic’s invitation to do so. Defence Closing Arguments, T. 10157.
1496 - Blaskic Judgement, para. 785.
1497 - Serushago Sentence, para. 30.
1498 - Jelisic Judgement, paras 130-131; See also the Tadic Sentencing Judgement, para. 57 and the Tadic Sentencing Judgement II, para. 20: the enthusiastic support for the attack launched against the non-Serbian civilian population.
1499 - Kordic Judgement, para. 848.
1500 - Prosecution Closing Arguments, T. 10011.
1501 - Furundzija Judgement, para. 282. For instance, participation as an aider or abettor, e.g. in the crime of genocide, may range from providing information, resources, or covering-up the crimes, to leading the execution squads.
1502 - Defined as: "imminent threats to the life of an accused if he refuses to commit a crime", Joint Separate Opinion of Judges McDonald and Vohrah appended to the Erdemovic Appeal Judgement, para. 66.
1503 - Joint Separate Opinion of Judges McDonald and Vohrah appended to the Erdemovic Appeal Judgement, para. 88.
1504 - Jelisic Judgement, para. 124, Furundzija, para. 284.
1505 - Jelisic Judgement, para. 125.
1506 - Rules of Procedure and Evidence, Rule 67 (A)(ii)(b): "diminished or lack of mental responsibility".
1507 - Erdemovic Judgement, para. 16(i); Akayesu Sentencing Judgement, para. 35 (iii), but not in the Celebici Judgement, para. 1256.
1508 - Celebici Judgement, para. 1283.
1509 - Kupreskic Judgement, para. 853; Serushago Sentence, para. 35; See also the Musema Judgement, para. 1007; See also on contrary Kambanda Judgement, para. 51; Akayesu Sentencing Judgement, para. 35(i), Serushago Sentence, paras 40 and 41, Ruggiu Judgement, paras 69-72, Kunarac Judgement, para. 869; Blaskic Judgement, para. 780.
1510 - Blaskic Judgement, para. 774.
1511 - Blaskic Judgement, para. 774, the Erdemovic Sentencing Judgement, paras 99-101 and the Erdemovic Sentencing Judgement II, para. 16 iv, and the Kambanda Judgement, para. 47.
1512 - Kunarac Judgement, para. 868.
1513 - Musema Judgement, para. 1007. Idem in the Ruggiu Judgement, para. 53: a guilty plea accelerates the proceedings and makes it possible to save resources.
1514 - Idem and in the contrary sense, Celebici Judgement, para. 1244: Mucic's lack of respect for the judicial process, attempts to fabricate evidence and influence witnesses are taken to be aggravating circumstances.
1515 - Prosecution Closing Arguments, T. 10011.
1516 - Celebici Judgement, para. 1270.
1517 - Supra, paras. 90-94. See also Witness I, T. 2420-22: "And 8.000 Srebrenica inhabitants are missing, and we must all know that. We must all know that there must have been children, poor people, between 16.000 and 20.000, and one needs to feed them all, to bring them up. There are so many fathers without sons and sons without fathers. I had two sons, and I don't have them any more. Why is that? And I lived and I worked in my own home, nobody else's, and that was -- that same held true for my father and my grandfather, but what they seized, what they took away, what they grabbed. I had two houses. One they burnt down. It could burn. They burnt it down, but the other one they couldn't burn, so they came and put a mine to it because the house was new and I hadn't finished it yet. The roof was still missing, but it was all made of concrete and bricks, so it wouldn't burn. And I thought. Well, it will survive at least. But no, they came and planted mines, and it just went down; nothing but bust. But, right. Never mind that. I had it, so it's gone. They took it. They seized it. But why did they have to kill my sons? "And I stand today as dried as that tree in the forest. I could have lived with my sons and with my own land, and now I don't have either. And how am I supposed to live today? I don't have a pension or anything. Before that, I relied on my sons. They wouldn't have left me. They wouldn't have let me go hungry. And today, without my sons, without land, I'm slowly starving.".
1518 - In late December 1994, General Krstic was seriously injured when he stepped on a landmine. He was evacuated to a military hospital in Sokolac, and subsequently transferred to the Military Medical Academy in Belgrade. As a result of the injuries he sustained from the landmine, part of his leg was amputated and he remained in rehabilitation and on leave until mid May 1995.
1519 - Rule 101 (D).