TABLE OF CONTENTS

I. INTRODUCTION

II. FACTUAL FINDINGS

A. BACKGROUND, CONTEXT, AND FORMATION OF CAMPS

1. The Break-up of the SFRY
2. The Prijedor Region
3. The Creation of the Omarska, Keraterm, and Trnopolje Camps

B. THE OMARSKA CAMP

1. Administration of the Omarska Camp
2. Conditions of Detention and Treatment in the Omarska Camp

C. THE KERATERM AND TRNOPOLJE CAMPS
D. CONCLUSION

III. APPLICABLE LAW AND LEGAL FINDINGS

A. ARTICLES 3 AND 5 OF THE STATUTE

1. Prerequisites for Article 3 Crimes
2. Prerequisites for Article 5 Crimes
3. The Constituent Elements of the Offences Charged Under Articles 3 and 5

B. CUMULATIVE CONVICTIONS

1. The Applicable Law
2. The Application of the Test to the Concurrent Offences Specified in the Amended Indictment

C. THEORIES OF RESPONSIBILITY

1. Introduction
2. Individual Responsibility Under Article 7(1)
3. Superior Responsibility Under Article 7(3)
4. Conclusion – Omarska Camp – A Joint Criminal Enterprise

IV. CRIMINAL RESPONSIBILITY OF THE ACCUSED

A. MIROSLAV KVOCKA

1. Introduction
2. Personal Background of Kvocka
3. Kvocka’s Arrival in the Omarska Camp
4. The Duration of Kvocka’s Stay in Omarska Camp
5. Kvocka’s Duties and Position in the Camp
6. Kvocka’s Knowledge of Camp Conditions and Abusive Treatment During His Time in the Camp
7. Kvocka’s Ability and Attempts to Prevent Crimes or Alleviate Suffering
8. Was Kvocka’s Participation in Omarska Camp, a Joint Criminal Enterprise, Significant Enough to Incur Criminal Responsibility?
9. Criminal Responsibility of Miroslav Kvocka

B. DRAGOLJUB PRCAC

1. Introduction
2. Personal Background of Prcac
3. Prcac’s Arrival and the Duration of His Stay in Omarska Camp
4. Prcac’s Duties and Position in the Camp
5. Prcac’s Knowledge of the Camp Conditions and Abusive Treatment During His Time in the Camp
6. Prcac’s Personal Involvement in Abuses
7. Was Prcac’s Participation in Omarska Camp, a Joint Criminal Enterprise, Significant Enough to Incur Criminal Responsibility?
8. Criminal Responsibility of Draglojub Prcac

C. MILOJICA KOS

1. Introduction
2. Personal Background of Kos
3. Kos’ Arrival and the Duration of His Stay in Omarska Camp
4. Kos’ Duties and Position in the Omarska Camp
5. Kos’ Knowledge of Camp Conditions and Abusive Treatment During His Time in the Camp
6. Kos’ Personal and Direct Involvement in Abuses
7. Was Kos’ Participation in Omarska Camp, a Joint Criminal Enterprise, Significant Enough to Incur Criminal Responsibility?
8. Criminal Responsibility of Milojica Kos

D. MLADO RADIC

1. Introduction
2. Personal Background of Radic
3. Radic’s Arrival and the Duration of His Stay in the Omarska Camp
4. Radic’s Duties and Position in the Camp
5. Crimes Committed by Guards on Radic’s Shift
6. Radic’s Knowledge of the Camp Conditions and Abusive Treatment During His Time in the Camp
7. Radic’s Personal Involvement in Sexual Violence
8. Was Radic’s Participation in the Omarska Camp, a Joint Criminal Enterprise, Significant Enough to Incur Criminal Responsibility?
9. Criminal Responsibility of Mladjo Radic

E. ZORAN ZIGIC

1. Introduction
2. Omarska Camp
3. Keraterm Camp
4. Trnopolje Camp
5. Conclusion
6. Criminal Responsibility of Zoran Zigic

V. SENTENCING

A. THE APPLICABLE PROVISIONS
B. THE SENTENCING PRINCIPLES
C. DETERMINATION OF SENTENCES

1. Miroslav Kvocka
2. Dragoljub Prcac
3. Milojica Kos
4. Mladjo Radic
5. Zoran Zigic

VI. DISPOSITION

A. SENTENCES

1. Miroslav Kvocka
2. Dragoljub Prcac
3. Milojica Kos
4. Mladjo Radic
5. Zoran Zigic

B. CREDIT FOR TIME SERVED

VII. ANNEXES

A. PROCEDURAL HISTORY

1. Introduction
2. The Accused
3. The main stages of the proceedings

B. SHORT CHRONOLOGY
C. GLOSSARY - LEGAL CITATIONS AND MAIN ABBREVIATIONS
D. AMENDED INDICTMENT
E. MAP OF EASTERN BOSNIA AND PHOTOGRAPHS

1. Map of Bosnian Serb Autonomous Areas
2. Photograph of the Omarska camp, showing the Administrative Building and the White House
3. Aerial Photograph of the Omarska Camp, showing (from left to right):
4. Photograph of detainees from the Trnololje camp (Exhibit P3/172D)