TABLE OF CONTENTS
I. GLOSSARY OF TERMS, PLACES AND ABBREVIATIONS
A. Terms and
places
B. Briefs of parties
and Indictments
C. Abbreviations
II. THE CHARGES AGAINST THE ACCUSED
A. The accused
Dragoljub Kunarac
B. The accused Radomir
Kovac
C. The accused Zoran
Vukovic
III. EVIDENCE
A. General
background
B. Role of the accused
(a) Dragoljub
Kunarac
(b) Radomir Kovac
(c) Zoran Vukovic
2. Evidence related to the charges
(a) FWS-87
(i) Testimony
of witness FWS-87
(ii) Supporting evidence
(iii) Defence evidence
of the accused Dragoljub Kunarac
a. From
7 July 1992 until 21 July 1992
b. From 23 July 1992
until 26 July 1992
c. 2 August 1992
d. From 3 August 1992
from 5 pm until 8 August 1992
e. Dragoljub Kunarac’s
visit at Karaman’s house
(iv) Defence
evidence related to the accused Radomir Kovac
(v) FWS-87’s alleged relationship with
Kovac
(vi) Conditions at Radomir
Kovac’s apartment
(vii) Removal of FWS-87
and A.S. from Radomir Kovac’s apartment
(viii) Defence evidence related to
the accused Zoran Vukovic
(b) FWS-75
(i) Testimony of FWS-75
(ii) Supporting evidence
(iii) Defence evidence related to the accused Dragoljub Kunarac
(iv) Defence evidence related to the accused Radomir Kovac
(c) A.S.
(i) Testimony
of A.S.
(ii) Supporting evidence
(d) D.B.
(i) Testimony
of D.B.
(ii) Supporting evidence
(iii) Defence evidence
(e) FWS-50
(i) Testimony
of FWS-50
(ii) Supporting evidence
(iii) Defence evidence
(f) FWS-191
(i) Testimony
of FWS-191
(ii) Supporting evidence
(iii) Defence evidence
(g) FWS-186
(i) Testimony
of FWS-186
(ii) Supporting evidence
(h) FWS-190
(i) Testimony
of FWS-190
(ii) Supporting evidence
(i) FWS-95
(i) Testimony
of FWS-95
(ii) Supporting evidence
(j) FWS-48
(i) Testimony
of FWS-48
(ii) Supporting evidence
(k) FWS-105
(i) Testimony
of FWS-105
(ii) Supporting evidence
(l) FWS-132
(i) Testimony
of FWS-132
(ii) Supporting evidence
(m) FWS-183
(i) Testimony
of FWS-183
(ii) Supporting evidence
(iii) Defence evidence
(n) FWS-61
(i) Testimony
of witness FWS-61
(ii) Supporting evidence
(o) FWS-192
(i) Testimony
of FWS-192
(ii) Supporting Evidence
(p) FWS-205
(i) Testimony
of FWS-205
(ii) Supporting evidence
(q) FWS-175
(i) Testimony
of FWS-175
(ii) Supporting evidence
(r) FWS-51
(i) Testimony
of FWS-51
(ii) Supporting evidence
(s) FWS-96
(i) Testimony
of FWS-96
(ii) Supporting evidence
(t) FWS-62
(u) Osman Subasic
(i) Testimony of Osman Subasic
IV. APPLICABLE LAW
1. Individual criminal responsibility under Article 7(1) of the Statute
(a) Perpetration
by “committing” the crime
(b) Aiding and abetting
2. Command responsibility under Article 7(3) of the Statute
B. Crimes under Article 3 of the Statute: common elements
1. Background
2. The law
(a) Scope
of the law
(b) General requirements
for the application of Article 3
(c) General requirements for the application
of Article 3 based on common Article 3
C. Crimes under Article 5 of the Statute: common elements
1. Existence
of an armed conflict
2. Existence of an attack
and the requirement that the acts be part of the attack
3. The attack must be “directed
against any civilian population”
4. The mental element: the perpetrator knows
of the broader criminal context in which his acts occur
D. Rape
1. Force or
threat of force
2. Specific circumstances
which go to the vulnerability or deception of the victim
3. Absence of consent or
voluntary participation
4. The basic principle underlying
the crime of rape in national jurisdictions
5. The effect of Rule 96:
evidence in cases of sexual assault
E. Torture
F. Outrages upon personal
dignity
G. Enslavement
1. Background
2. The law
3. Conclusion
1. Background
2. The law
(a) Cumulative
charges
(b) Cumulative convictions
(i) The
approach laid down by the Appeals Chamber in the Delalic case
(ii) The application of
the identified approach to the present case
a. Convictions
under Articles 3 and 5 of the Statute
b. Torture and rape under
Articles 3 or 5 of the Statute
V. FINDINGS OF THE TRIAL CHAMBER
A. General considerations
regarding the evaluation of evidence
B. The existence of
an armed conflict and related requirements
C. The attack against
the civilian population and related requirements
D. Charges against
the accused
1. Dragoljub Kunarac (Indictment IT-96-23)
(a) Dragoljub
Kunarac’s alibi defence
(b) Dragoljub Kunarac’s position
as a commander
(c) Counts 1 to 4
(i) The rapes
of FWS-87
(ii) The rapes of FWS-75
and D.B.
(iii) The rapes of FWS-87,
FWS-75 and FWS-50
(iv) The rapes of FWS-95
(d) Counts
5 to 8
(e) Counts 9 and 10
(f) Counts 11 and 12
(g) Counts 18 to 21
(i) The rape
of FWS-191, FWS-186 and J.G.
(ii) The rape, enslavement
and outrages upon personal dignity of FWS-191 and FWS -186
2. Radomir Kovac (Indictment IT-96-23)
(a) The arrival
of the girls at Radomir Kovac’s apartment
(b) FWS-75 and A.B.
(c) FWS-87 and A.S.
(d) The naked dancing
(e) The selling of FWS-87
and A.S.
3. Zoran Vukovic (Indictment IT-96-23/1)
(a) Counts 21 to 24
(i) The rape
of FWS-87
(ii) The rape of FWS-75
and FWS-87
(b) Counts 33 to 36
(i) The defence
of the accused
(ii) Rape of FWS-48, FWS-87 and Z.G.
(iii) Rape of FWS-50
(iv) Rape of FWS-87
(v) Rapes of FWS-48
VI. SENTENCING
A. Sentencing
provisions of the Statute and the Rules
B. General sentencing
practice in the former Yugoslavia
C. Sentencing practice
of the International Tribunal
1. General
sentencing factors
2. The consideration of particular
submissions made by the Prosecutor
(a) Burden
of proof with respect to mitigating and aggravating factors
(b) Consideration of conduct
not described in the indictment
(c) Comparison of “per se gravity”
of offences
(d) Effect of offence on
third parties as a sentencing factor
(e) False defences, perjury and disrespectful
courtroom behaviour
D. Determination of sentences in respect of each convicted person
1. General
considerations
2. Dragoljub Kunarac
(a) Aggravating
circumstances
(b) Mitigating circumstances
(c) Sentence
(a) A preliminary
issue
(b) Aggravating circumstances
(c) Mitigating circumstances
(d) Sentence
(a) Aggravating
circumstances
(b) Mitigating circumstances
(c) Sentence
VII. DISPOSITION
A. Sentences
1. Dragoljub
Kunarac
2. Radomir Kovac
3. Zoran
Vukovic
ANNEX II - MAP OF FOCA AND SURROUNDING OPSTINAS
ANNEX III - PROCEDURAL BACKGROUND