Tribunal Criminal Tribunal for the Former Yugoslavia

Page 44906

 1                           Wednesday, 22 November 2017

 2                           [Judgement]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 10.00 a.m.

 6             JUDGE ORIE:  Good morning to everyone in and around this

 7     courtroom.

 8             Mr. Registrar, would you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honours.  I call case

10     IT-09-92-T, The Prosecutor versus Ratko Mladic.

11             JUDGE ORIE:  Thank you, Mr. Registrar.

12             Mr. Ivetic, it was announced that you would like to address the

13     Court.

14             MR. IVETIC:  That's correct, Your Honours.

15             With Your Honours' leave, lead counsel Mr. Branko Lukic and I ask

16     leave to read into the record our notice of exception to proceedings

17     filed last night.

18             JUDGE ORIE:  Mr. Ivetic, the notice of exception has been filed,

19     has been distributed.  It is a public filing so everyone can take notice

20     of what you brought to the attention of this Court.  We have considered

21     the content of it and the Chamber finds that there's no need to repeat

22     that.

23             MR. IVETIC:  As long as we have on the record that Your Honours

24     have read it.  That's all I have.

25             JUDGE ORIE:  Yes.  We have it, we have received it, and it's a


Page 44907

 1     public filing.

 2             MR. IVETIC:  Thank you very much, Your Honour.

 3             JUDGE ORIE:  Thank you, Mr. Ivetic.

 4             Before we continue, and it was not even on the record,

 5     Mr. Ivetic, that you were there, because I'd like to put on the record

 6     the appearances.

 7             I see for the Prosecution Mr. McCloskey, Mr. Tieger, Mr. Weber,

 8     Ms. Hasan, Mr. Traldi, and, of course, supported by your support team.

 9             I see for the Defence Mr. Lukic, I see Mr. Ivetic, I see

10     Mr. Stojanovic, and I see Mr. Saljic is there as well, also supported by

11     your support team.

12             We are sitting today to deliver the Chamber's judgement in this

13     case.  The Chamber stresses that during this hearing it will only deliver

14     a summary of its findings.  This summary does not in any way form part of

15     the judgement.  The only authoritative account of the Chamber's findings

16     is in the written judgement which will be made available after this

17     hearing.

18             The accused, Ratko Mladic, was indicted on 24 July and 16

19     November 1995.  He was arrested in Serbia on 26 May 2011, almost 16 years

20     after the initial indictments.  His trial began on 16 May 2012 and the

21     hearing of evidence lasted for over four years.  Between 5 and 15

22     December 2016, the parties presented their closing arguments.

23             The Chamber sat for 530 trial days, during which it received the

24     evidence of 592 witnesses and nearly 10.000 exhibits.  The Chamber also

25     took judicial notice of approximately 2.000 adjudicated facts.


Page 44908

 1             The accused stood trial for 11 counts of crimes allegedly

 2     committed in his capacity as the commander of the Main Staff of the Army

 3     of the Bosnian Serb Republic, also known as the VRS, between 12 May 1992

 4     and 30 November 1995.  The indictment charged two counts of genocide and

 5     five counts of crimes against humanity, namely, persecution, murder,

 6     extermination, deportation, and the inhumane act of forcible transfer.

 7     It also charged four counts of violations of the laws or customs of war,

 8     namely, murder, acts of violence the primary purpose of which was to

 9     spread terror among the civilian population, unlawful attacks on

10     civilians, and the taking of hostages.  The geographical scope of the

11     indictment included Sarajevo, Srebrenica, and 15 municipalities in Bosnia

12     and Herzegovina.

13             The Prosecution alleged that the accused participated in four

14     joint criminal enterprises, also known as JCEs, which I will now

15     summarise.

16             First, an Overarching JCE which had the objective of permanently

17     removing Muslims and Croats from Serb-claimed territory in Bosnia and

18     Herzegovina through the commissions of the crimes charged in the

19     indictment, including genocide, persecutions, extermination, murder, the

20     inhumane act of forcible transfer, and deportation.

21             Second, a Sarajevo JCE which had the objective of spreading

22     terror among the civilian population through a campaign of sniping and

23     shelling as charged in the indictment, including through murder, acts of

24     violence, the primary purpose of which is to spread terror among the

25     civilian population, and unlawful attacks on civilians.


Page 44909

 1             Third, a Srebrenica JCE, the objective of which was the

 2     elimination of Bosnian Muslims in Srebrenica through the crimes charged

 3     in the indictment, including genocide, persecutions, extermination,

 4     murder, the inhumane act of forcible transfer, and deportation.

 5             Fourth, a hostage-taking JCE, the objective of which was taking

 6     UN personnel hostage to prevent NATO from conducting air-strikes against

 7     Bosnian Serb military targets through the crime of taking of hostages, as

 8     a war crime.

 9             In addition, the Prosecution charged the accused with having

10     planned, instigated, ordered, and/or aided and abetted the crimes in the

11     indictment.  Finally, it also charged the accused as a superior pursuant

12     to Article 7(3) of the Statute.

13             The Chamber will now briefly summarise its findings.

14             The Chamber will begin by addressing its factual and legal

15     findings with regard to the crime base in each component of the case and

16     then turn to its findings concerning the responsibility of the accused.

17             The Chamber found that there was an armed conflict in the

18     territory of Bosnia-Herzegovina throughout the period relevant to the

19     indictment as required pursuant to Article 3 of the Statute.

20             The Chamber will now address the municipalities component of the

21     case.  The Chamber found that in several of the municipalities, murders

22     were committed which constituted crimes against humanity and violations

23     of the laws or customs of war.

24             The Chamber found that before, during, and after Bosnian Serb

25     forces attacked non-Serb villages, many victims were killed.


Page 44910

 1     Circumstances were brutal; those who tried to defend their homes were met

 2     with ruthless force.  Mass executions occurred and some victims succumbed

 3     after being beaten.  Many of the perpetrators who had captured Bosnian

 4     Muslims showed little or no respect for human life or dignity.  For

 5     example:

 6             On or about 31 May 1992, Bosnian Serb forces rounded a group of

 7     Bosnian Muslim men near the Vrhpolje bridge in Sanski Most municipality.

 8     Four of them were killed on the way to the bridge.  Once at the bridge,

 9     the Bosnian Muslims were forced to jump into the river, one by one.  Once

10     in the water, Bosnian Serb forces opened fire, killing at least 28 of the

11     Bosnian Muslims, all male, including a minor and two elderly men.  One

12     man survived.

13             In July 1992, 24 Bosnian Muslim detainees suffocated while being

14     transported from Betornika detention centre to Manjaca camp.  Guards at

15     the Betornika confiscated water bottles and forced some detainees to

16     consume salt before the nine-hour journey.  The trucks were hot, cramped,

17     covered with tarpaulins, and the detainees received no water.  In an

18     attempt to survive, a number of them drank their own urine and made holes

19     in the tarpaulins to get air, but stopped when the policemen escorting

20     the men threatened them.  Once they arrived at Manjaca camp, those deemed

21     not healthy were put back on the truck as Bozidar Popovic, the camp

22     commander said, and I quote, "Put the shit back.  I don't need dead

23     people."

24             The Chamber found that some of these murders amounted to

25     exterminations as a crime against humanity.  For example:


Page 44911

 1             On or around 25 July 1992, police and members of the VRS aimed a

 2     machine-gun at the entrance of Room 3 in Keraterm camp where a large

 3     number of detainees were held.  During the night, some form of chemical

 4     gas was thrown into the room, causing the detainees to panic and for some

 5     of them to try to exit.  Spot lights were shown on the room and the

 6     soldiers and guards executed the detainees with automatic weapons as they

 7     exited, killing many of them.  They then proceeded to shoot detainees

 8     inside the room, including some who were trying to hide.  The soldiers

 9     and guards killed between 190 and 220 detainees that night.

10             The Chamber found that forcible transfer and deportation were

11     committed in many municipalities.  With regard to the conditions at the

12     relevant times, the Chamber found, for example, that from 12 May 1992

13     onwards, local authorities in Kotor Varos municipality imposed

14     restrictions on Bosnian Muslims' and Bosnian Croats' freedom of movement

15     which were implemented by the VRS.  Killings, unlawful detentions and

16     acts of inhumane treatment were also committed in the municipality in

17     June and July 1992.  The Chamber found that parts of the Bosnian Muslim

18     and Bosnian Croat population, including women and children, were forcibly

19     displaced from Kotor Varos municipality between June and November 1992.

20     The Chamber found that deportation and inhumane act of forcible transfer

21     as a crime against humanity were committed in the municipalities of

22     Banja Luka, Bijeljina, Foca, Ilidza, Kljuc, Kotor Varos, Novi Grad, Pale,

23     Prijedor, Rogatica, Sanski Most, Sokolac, and Vlasenica.

24             Turning now to the charge of persecution, the Chamber found,

25     inter alia, that many victims were subjected to unlawful detention and


Page 44912

 1     cruel and inhumane treatment on the basis of political, racial, or

 2     religious grounds.  For example:

 3             In several detention camps, conditions were appalling.  Food and

 4     water were scarce, which led to some cases of severe malnutrition and

 5     death.  Sanitation facilities were wholly inadequate.  Detainees were

 6     often allowed to use bathroom facilities only once a day, and there was

 7     no consideration for hygiene or preventing the spread of diseases.

 8     Detainees were regularly beaten, sometimes with implements such as brass

 9     knuckles and iron bars.  Medical care was also inadequate.

10             Detainees were forced to rape and engage in other degrading

11     sexual acts with one another.  Many Bosnian Muslim women who were

12     unlawfully detained were raped.  For example:

13             At a house known as Karaman's House in Foca municipality, several

14     groups of women and girls as young as 12 years old were routinely and

15     brutally raped.  The victims would sometimes be assigned to individual

16     soldiers and other times were forced to have sex with multiple men.  One

17     witness gave evidence that a soldier had taken her to a celebration where

18     they were approached by the accused who asked the soldier whether the

19     witness was his, and I quote, "Herzegovinian woman," before turning to

20     the witness directly and asking her whether she was, and I quote again,

21     "faring better than in Alija's state."

22             The Chamber now turns to Count 1, genocide in six of the

23     municipalities.  Genocide encompasses the commission of prohibited acts

24     with the intent to destroy, in whole or in part, a protected group, as

25     such.  These prohibited acts can include killing or causing serious


Page 44913

 1     bodily or mental harm.  In this case, the protected groups were Bosnian

 2     Muslims and Bosnian Croats.  The Chamber found that a large number of

 3     Bosnian Muslims and Bosnian Croats in some of these municipalities were

 4     subjected to killings and/or serious bodily or mental harm.

 5             The Chamber then examined the specific intent of the physical

 6     perpetrators.  The Chamber found, by majority, Judge Orie dissenting,

 7     that the physical perpetrators in Sanski Most, Vlasenica and Foca, and

 8     certain perpetrators in Kotor Varos and Prijedor municipalities intended

 9     to destroy the Bosnian Muslims in those municipalities as a part of the

10     protected group.  The Chamber then considered whether the targeted part

11     constituted a substantial part of the protected group and concluded that

12     the Bosnian Muslims targeted in each municipality formed a relatively

13     small part of the protected group and were also in other ways not a

14     substantial part.  Consequently, the Chamber was not satisfied that the

15     only reasonable inference was that the physical perpetrators possessed

16     the required intent to destroy a substantial part of the protected group

17     of Bosnian Muslims.

18             The Chamber will now address the Sarajevo component of the case.

19     From mid-May 1992 until November 1995, the VRS, in particular, the

20     Sarajevo-Romanija Corps, also known as the SRK, deliberately shelled and

21     sniped the civilian population of Sarajevo often at locations that had

22     little or no military value.  As a result, hundreds of civilians were

23     killed and thousands were injured.  Many were shot while undertaking

24     daily activities, such as walking with their children, fetching water,

25     collecting wood, or while at the market.  For example:


Page 44914

 1             On 18 November 1994, a member of the SRK shot a Bosnian Muslim

 2     woman walking on the street with her children.  The bullet passed through

 3     her abdomen and hit her seven-year-old son in the head, killing him.

 4             On 5 February 1994, members of the Sarajevo-Romanija Corps

 5     shelled Markale market, resulting in the killing of 68 people and

 6     injuring over 140.  Almost all of the victims were civilians and included

 7     women, children and elderly.

 8             In 1994 and 1995, the Sarajevo-Romanija Corps attacked Sarajevo

 9     with modified air bombs, highly inaccurate weapons that had a devastating

10     effect on impact.  Consequently, the Chamber found that the use of

11     modified air bombs constituted indiscriminate attacks on individual

12     civilians and on the civilian population as a whole.

13             The Chamber, having considered the nature, manner, timing,

14     location, and duration of these sniping and shelling attacks, found that

15     it was the intention of the perpetrators, all members of the

16     Sarajevo-Romanija Corps, to target civilians and to shell the city in an

17     indiscriminate manner.  The hardships the people of Sarajevo suffered

18     were considerable.  They routinely lacked basic necessities such as food,

19     water, gas and electricity.  They were made to live in a state of

20     constant distress.  Every time they or their loved ones left their home,

21     they wondered if they would be targeted by sniper or artillery fire.

22     Taking all of this into consideration, the Chamber found that the members

23     of the SRK intended to spread terror among the population of Sarajevo and

24     that the infliction of terror was the primary purpose of sniping and

25     shelling.  The Chamber found that members of the SRK committed murder,


Page 44915

 1     unlawful attacks on civilians, and terror as violations of the laws or

 2     customs of war; and murder as a crime against humanity.

 3             The Chamber will now turn to the Srebrenica component of the

 4     case.  On 8 March 1995, Radovan Karadzic issued Directive number 7 and

 5     ordered the Drina Corps to, and I quote, "create an unbearable situation

 6     of total insecurity with no hope of further survival or life for the

 7     inhabitants of Srebrenica."  On 31 March 1995, Mladic signed Directive

 8     number 7/1, which translated Directive 7 into operational military tasks

 9     and called for a strategic operation against the enclave.  Approximately

10     15 to 20 days before the take-over of Srebrenica town, the VRS formed a

11     plan called Krivaja-95 to attack the enclave, intending to make it

12     disappear, to empty it, and to make the area Serbian territory by

13     forcibly removing the Bosnian Muslim population.

14             The VRS attack began on 6 July, and by 11 July they had entered

15     Srebrenica town.  During the attack, the VRS embarked upon a campaign of

16     burning Bosnian Muslim houses and mosques.  Thousands of Bosnian Muslims,

17     mostly women, children, and elderly fled to Potocari to seek shelter in

18     the compound used by the UN Protection Force known as UNPROFOR.  The vast

19     majority of the able-bodied Bosnian Muslim men fled the enclave on foot

20     in an attempt to reach Tuzla.

21             By 12 July 1995, between 25.000 and 30.000 Bosnian Muslim

22     civilians had gathered in Potocari, 5 per cent of whom were able-bodied

23     men.  Conditions in and around the UNPROFOR compound were dire:  Food and

24     water were scarce and there was a shortage of medical supplies.  People

25     were exhausted and frightened.  Serb forces created a terrifying


Page 44916

 1     atmosphere by shelling near the compound and by taking people away, some

 2     of whom never returned.

 3             From 11 to 12 July 1995, three meetings took place at

 4     Hotel Fontana in Bratunac between the VRS, UNPROFOR DutchBat officers,

 5     and individuals selected to represent the Bosnian Muslims to discuss what

 6     was described as the evacuation of the civilian population in Potocari.

 7     The VRS's screening of men aged between 16 and 60 for war crimes was also

 8     discussed.  On 17 July 1995, a document was signed, stating that the

 9     civilians were to be, and I quote, "evacuated" to Kladanj municipality by

10     the VRS and Bosnian Serb Republic police forces under the supervision and

11     escort of UNPROFOR.

12             From 12 to 14 July 1995, the VRS and the Ministry of Interior,

13     known as the MUP, organised the transport of approximately 25.000 Bosnian

14     Muslims, mostly women, children, and elderly, out of the Srebrenica

15     enclave to territory under control of the Army of Bosnia and Herzegovina,

16     in convoys of buses and trucks.  Bosnian Serb soldiers systematically

17     separated Bosnian Muslim men of military age who were trying to get

18     onboard.  Some of the separated males were as young as 12 years old and

19     some older than 60 years.  The separations were frequently aggressive.

20     The people being transferred were told that the Bosnian Muslim men would

21     follow later.  They never followed.

22             The Bosnian Muslim men taken from Potocari were detained in

23     temporary detention facilities and later, together with others captured

24     from the column fleeing on foot, bussed to various execution sites in

25     Srebrenica, Bratunac, and Zvornik municipalities.  The Chamber found that


Page 44917

 1     many of these men and boys were cursed, insulted, threatened, forced to

 2     sing Serb songs, and beaten while awaiting their execution.  Bosnian Serb

 3     forces, primarily members of the VRS, systematically murdered several

 4     thousands Bosnian Muslim men and boys, the vast majority over just a few

 5     days from 12 until 17 July 1995.

 6             The Chamber will now describe some specific examples.

 7             On 13 and 14 July 1995, approximately 1.000 unarmed Bosnian

 8     Muslim males, including children and elderly, were excused in Kravica

 9     warehouse.  On 16 July 1995, between 1.000 and 1.200 Bosnian Muslim

10     civilians at the Branjevo Military Farm were summarily executed.  Prior

11     to the execution, some of them had their hands tied, were blindfolded,

12     and forced to pray in, and I quote, "the Muslim manner."  On the very

13     same day, approximately 500 Bosnian Muslim men and two women were

14     executed inside Pilica Cultural Centre.

15             During several weeks in September and early October 1995, senior

16     members of the VRS and the MUP attempted to conceal their crimes by

17     exhuming their victims' remains from several mass graves, and then

18     reburying those remains in more remote areas in Zvornik and Bratunac

19     municipalities.  Their attempt to cover up the Srebrenica massacres

20     ultimately failed.

21             The Chamber found that Bosnian Serb forces engaged in an

22     operation to murder thousands of Bosnian Muslims from Srebrenica with

23     discriminatory intent so as to constitute the crime of persecution.  Some

24     of those murder incidents were found to constitute extermination.  The

25     Chamber also found that several of the charged incidents constituted the


Page 44918

 1     inhumane act of forcible transfer.

 2             The Chamber now turns to the allegation of genocide in

 3     Srebrenica, Count 2 of the indictment.  The Chamber found that the

 4     prohibited acts as set out in the legal definition of genocide, that is

 5     killing and causing serious and bodily and mental harm, were committed by

 6     the physical perpetrators against the Bosnian Muslims of Srebrenica.

 7             The Chamber then examined the specific intent of the physical

 8     perpetrators.  As explained in detail in the judgement, the Chamber found

 9     that the physical perpetrators intended to destroy the Bosnian Muslims in

10     Srebrenica, a substantial part of the protected group.  The Chamber,

11     therefore, found that the crimes of genocide, persecution, extermination,

12     murder, and the inhumane act of forcible transfer were committed against

13     Bosnian Muslims in and around Srebrenica.

14             The Chamber now turns to the hostage component of the case.

15     Between 25 May and 24 June 1995, VRS soldiers and officers, including

16     members of the military police and Bosnian Serb police officers, arrested

17     and detained between 260 and 400 UN Military Observers, known as UNMOs,

18     and UNPROFOR personnel, all in Bosnia-Herzegovina.  The UNMOs arrested by

19     police officers were placed in VRS custody.  Some were tied with chains

20     or handcuffs, at times at gunpoint, outside locations of strategic

21     military importance while others were told they would be killed if NATO

22     were to launch further air-strikes.  Some of the UN personnel were

23     filmed.  Threats were also directly communicated to UN officials.  The UN

24     personnel were detained in order to, inter alia, exert leverage over NATO

25     to stop air-strikes.  Between 2 and 24 June 1995, the VRS, and in


Page 44919

 1     particular the accused, ordered the release the UN personnel pursuant to

 2     the an order from Karadzic.

 3             The perpetrators knew that UNMO and UNPROFOR personnel were

 4     taking no active part in the hostilities when captured and placed in

 5     detention and that they were entitled to the protection of Common Article

 6     3 of the Geneva Conventions.  The Chamber found that these acts

 7     constituted the crime of hostage-taking, a violation of the laws or

 8     customs of war, punishable under Article 3 of the Statute.

 9             The Chamber will now turn to the responsibility of the accused in

10     relation to each alleged joint criminal enterprise.

11             The Chamber found that the accused held various positions in the

12     Yugoslav People's Army and as of 12 May 1992 served as the commander of

13     the Main Staff of the Army of the Bosnian Serb Republic, the VRS.  He

14     remained in this position until at least 8 November 1996.

15             With respect to the Overarching joint criminal enterprise, the

16     Chamber found that between 1991 and 30 November 1995, there existed a JCE

17     with the objective of permanently removing Muslims and Croats from

18     Serb-claimed territory in Bosnia-Herzegovina through persecution,

19     extermination, murder, the inhumane act of forcible transfer, and

20     deportation.  Having assessed, inter alia, the statements, speeches, and

21     conduct of the accused and the Bosnian Serb leadership, and the acts

22     committed by the physical perpetrators, the Chamber found that the

23     evidence did not support a finding that the crime of genocide formed part

24     of the objective of the Overarching JCE.

25             The members of the Overarching joint criminal enterprise


Page 44920

 1     included:  Radovan Karadzic; Momcilo Krajisnik; Biljana Plavsic; Nikola

 2     Koljevic; Bogdan Subotic; Momcilo Mandic; and Mico Stanisic.

 3             Many of the charged crimes were committed by units used as tools

 4     in furtherance of the Overarching joint criminal enterprise.  These

 5     included:  members of the VRS, MUP, and Territorial Defence under the

 6     supervision of the Bosnian Serb Ministry of Defence; various paramilitary

 7     groups; and members of regional and municipal authorities.

 8             The Chamber now turns to the accused's responsibility for the

 9     crimes which were found to have been committed in the municipalities

10     component of the case.  To determine the accused's contribution, the

11     Chamber considered the accused's acts during the existence of the

12     Overarching JCE, in particular, the accused's acts vis-à-vis the VRS,

13     given that many of the principal perpetrators of crimes were VRS members.

14     Between May 1992 and 1995, the accused issued orders which established

15     and organised the VRS and its organs.  The accused was also closely

16     involved in VRS operations as evidenced by regular briefings, meetings --

17             Mr. Ivetic.

18             MR. IVETIC:  Your Honours, I have been asked by the accused if he

19     can use the facilities, the bathroom.

20             JUDGE ORIE:  Yes.  I will first finish my sentence and then we'll

21     take a break of five minutes.

22             I think I started my sentence by saying the accused was also

23     closely involved in VRS operations as evidenced by regular briefings,

24     meetings, and inspections; and issued orders and operational directives

25     to VRS units as well as other groups.


Page 44921

 1             We'll take a short break and we'll resume at a quarter to 11.00.

 2                           --- Break taken at 10.41 a.m.

 3                           --- On resuming at 11.26 a.m.

 4             JUDGE ORIE:  Mr. Ivetic, you're on your feet.  Before I give you

 5     an opportunity to say something, I'd first like to explain that the break

 6     took slightly longer because doctor's advice has been obtained and, I

 7     take it, will be reported.

 8             Anything?

 9             MR. IVETIC:  Yes, Your Honours I would like to place on the

10     record information that I believe was provided to you that Mr. Mladic's

11     blood pressure was read three times during the break.  The first reading,

12     I believe, was 175 over 96; the second reading done by a nurse was 180

13     over 80; and after a 15-minute break, a second reading done by a nurse

14     was 180 over 80.

15             According to both the American Heart Association and the United

16     Kingdom Cardiovascular Association, that is called hypertensive crisis

17     and says "consult doctor immediately."  Under those circumstances, the

18     Defence asks that Your Honours either halt these proceedings or we waive

19     reading of the summary and pronounce your judgement so that we can lessen

20     the risk of further harm to Mr. Mladic's health, given this extremely

21     delicate situation with his blood pressure that - we already have a

22     medical opinion - states could lead to a fatal condition for him.  We

23     have to emphasise that twice the reading was confirmed at 180 over 80,

24     which, if you could look on the Internet, this is the red area -- the red

25     area, that's right there, at the very top end of the crisis area,


Page 44922

 1     according to the United Kingdom and the American Heart Associations.

 2             Thank you, Your Honours.

 3             JUDGE ORIE:  The Chamber will not rely on the Internet but rather

 4     rely on doctor's advice.

 5             Apart from that, Mr. Ivetic, our information was that the last

 6     reading above, it was 170, not 180.  That's the information we received.

 7             MR. IVETIC:  Your Honours, counsel was in the room at the time

 8     when it was taken.

 9             JUDGE ORIE:  Okay.  We will not --

10             MR. IVETIC:  There were two that were done --

11             JUDGE ORIE:  -- we'll not further discuss that.

12             MR. IVETIC:  Okay.

13             JUDGE ORIE:  Your second request was to deliver the judgement

14     right away without further reading any of the reasons.  I'll have to

15     discuss this with my colleagues, and the first thing I'll ask them is

16     whether we can immediately decide this here, being in the courtroom, or

17     whether we take another short break for that.

18             MR. IVETIC:  Understood, Your Honours.

19                           [Trial Chamber confers]

20             JUDGE ORIE:  Mr. Ivetic, the Chamber has decided that we'll

21     continue to read the judgement as we intended to do.  The doctor's advice

22     we got is that the situation is not such that medical reasons would

23     prevent us from continuing.

24             MR. IVETIC:  Your Honours, the Defence would ask that this

25     medical advice be put in writing, signed, and be made part of the record.


Page 44923

 1             JUDGE ORIE:  Mr. Ivetic, I have given a decision.  I will now

 2     continue to read the judgement.

 3             Mr. Mladic wants to consult with counsel, I take it.  If he does

 4     it in such a way that no one can hear your voice, Mr. Mladic.  And sit

 5     down, please.

 6             THE ACCUSED:  [Microphone not activated].

 7             JUDGE ORIE:  Mr. Mladic, sit -- Mr. Mladic, if you -- if you

 8     continue like this, we -- we adjourn.  We adjourn.  We adjourn.  We

 9     adjourn.  Mr. Mladic will be removed from the courtroom.

10             Curtains down.

11             Mr. Mladic is -- we adjourn.  Curtains down.  Mr. Mladic will be

12     removed from the courtroom.

13                           [Trial Chamber confers]

14                           [Trial Chamber and Legal Officer confer]

15                           [The accused withdrew]

16             JUDGE ORIE:  We'll immediately continue.

17             JUDGE MOLOTO:  Let's continue.

18                           [Trial Chamber and Registrar confer]

19                           [Trial Chamber confers]

20             JUDGE ORIE:  Yes, it was a very short adjournment.  Mr. Mladic

21     has been removed from the courtroom and has been taken to a room where

22     there's a couch to sit on and where he is able to follow the proceedings

23     on a screen.

24             Mr. Ivetic.

25             MR. IVETIC:  Your Honours, we would ask that again his blood


Page 44924

 1     pressure be measured because --

 2             JUDGE ORIE:  Mr. Ivetic, Mr. Mladic is out of the courtroom at

 3     this moment.  The Registry will take care of his -- is responsible for

 4     his medical care.  I do understand that doctors -- a doctor and a nurse

 5     are nearby to meet any need in that respect.

 6             MR. IVETIC:  And, Your Honours, then I have to state on the

 7     record, I've talked with the doctor who is outside there and he assured

 8     me that this blood pressure was normal.  I asked him under what standard.

 9     He refused to answer --

10             JUDGE ORIE:  Mr. Ivetic, Mr. Ivetic, this is not the moment to

11     further discuss this matter.  It is about the medical care of Mr. Mladic

12     under the responsibility of the Registry.  The Chamber has received

13     information which made it proceed as it did, and we'll now proceed to

14     read the judgement.

15             And, by the way, it comes to issues which I would normally expect

16     to be dealt with by lead counsel, but, Mr. Lukic, I take it that you're

17     aware of your role and your function as lead counsel in this case.

18             I'll now proceed.

19             MR. LUKIC:  Do you want me to proceed or you just notice --

20             JUDGE ORIE:  No, no.  I just reminded you of your position.

21             Then I'll now continue to read the judgement, knowing that

22     Mr. Mladic has an opportunity to follow the proceedings, video and audio,

23     on a screen.  I resume.

24             The accused commanded and controlled VRS units and tasked some of

25     them to co-operate with the MUP.  He was in direct contact with members


Page 44925

 1     of the leadership in Serbia and members of the General Staff of the Army

 2     of the Federal Republic of Yugoslavia to ensure that the military needs

 3     of the VRS were met.  The accused also addressed the Bosnian Serb

 4     Assembly during several of its sessions on issues surrounding the

 5     development of policies of the Bosnian Serb political leadership and

 6     often suggested to Bosnian Serb politicians what position they should

 7     take during peace negotiations in order to achieve the strategic

 8     objectives as initially defined.

 9             The accused further placed severe restrictions on the delivery of

10     humanitarian aid for the civilian population from 10 April 1994 onwards

11     by ordering all VRS units to immediately block all UNPROFOR and

12     humanitarian organisations' activities in the territory of the Bosnian

13     Serb Republic.

14             Between September 1992 and at least March 1995, the accused

15     introduced and maintained a controlled and centralised system of

16     spreading propaganda related to Bosnian Croats and Bosnian Muslims.  The

17     accused also made deliberately the misleading statements to members of

18     the media and the international community in relation to crimes

19     committed.

20             The accused's acts were so instrumental to the commission of the

21     crimes that without them, the crimes would not have been committed as

22     they were.  In light of this, the Chamber found that through his actions,

23     the accused significantly contributed to achieving the common objective

24     of permanently removing Muslims and Croats from Serb-claimed territory in

25     Bosnia-Herzegovina by committing the crimes of persecution,


Page 44926

 1     extermination, murder, deportation and the inhumane act of forcible

 2     transfer.

 3             The Chamber considered the accused's significant contribution to

 4     the objective of the Overarching joint criminal enterprise as well as his

 5     statements, in particular, his repeated use of the derogatory references

 6     to Bosnian Muslims and Bosnian Croats; and his expressions of commitment

 7     to an ethnically homogeneous Bosnian Serb Republic even in territories

 8     that previously had a large percentage of non-Serb inhabitants.  It found

 9     that the accused was aware of and intended for the crimes of deportation,

10     the inhumane act of forcible transfer, murder, extermination, and

11     persecution to be committed against Bosnian Muslims and Bosnian Croats.

12     The Chamber found that the accused shared the intent to achieve the

13     common objective of the Overarching JCE and held this intent as early as

14     12 May 1992.  Therefore, he was a member of the Overarching JCE from 12

15     May 1992.

16             The Chamber now turns to the Sarajevo joint criminal enterprise.

17     The Chamber found that between 12 May 1992 and November 1995, there

18     existed a JCE with the primary purpose of spreading terror amongst the

19     civilian population through a campaign of sniping and shelling.  The

20     objective of this JCE involved the commission of crimes of terror,

21     unlawful attacks against civilians, and murder.

22             The members of the Sarajevo joint criminal enterprise were

23     members of the Bosnian Serb military and political leadership and

24     included:  Radovan Karadzic; Stanislav Galic; Dragomir Milosevic; Momcilo

25     Krajisnik; Biljana Plavsic; and Nikola Koljevic.


Page 44927

 1             The charged crimes were all committed by units of the

 2     Sarajevo-Romanija Corps.

 3             The Chamber now turns to the accused's responsibility for the

 4     crimes which were found to have been committed in the Sarajevo component

 5     of the case.  The Chamber considered the accused's acts and omissions

 6     during the existence of the Sarajevo joint criminal enterprise in order

 7     to determine whether he significantly contributed to this joint criminal

 8     enterprise.  The Chamber found that the accused was involved in the

 9     establishment of the Sarajevo-Romanija Corps and made personnel decisions

10     concerning the SRK; commanded SRK units from 1992 to 1995 in various

11     operations; procured military assistance from the army of the Federal

12     Republic of Yugoslavia during the siege; ordered the production and use

13     of modified air bombs on Sarajevo; and participated in policy discussions

14     between 1992 and 1995 with members of the Bosnian Serb government.

15             In addition, the accused participated in the dissemination of

16     anti-Muslim and anti-Croat propaganda and provided misleading information

17     about crimes to representatives of the international community.  The

18     accused also frequently ordered the restriction of humanitarian aid to

19     Sarajevo and failed to take adequate steps to prevent crimes or

20     adequately investigate and punish the perpetrators of crimes, all of whom

21     were under his effective control.  The accused's acts were instrumental

22     to the commission of the crimes in Sarajevo.  Through his actions, the

23     accused significantly contributed to achieving the objective of the

24     Sarajevo joint criminal enterprise by way of committing the crimes of

25     terror, unlawful attacks against civilians, and murder.


Page 44928

 1             In determining whether the accused shared the intent to achieve

 2     the common objective of the joint criminal enterprise, the Chamber

 3     considered the accused's statements and conduct throughout the indictment

 4     period.  In particular, the Chamber considered that the accused

 5     personally directed the shelling of Sarajevo that took place on 28

 6     May 1992, was involved in selecting targets, and directed fire away from

 7     Serb-populated areas; and commanded the Sarajevo-Romanija Corps and

 8     formulated and issued directives.  Further, in the spring of 1995, the

 9     accused proposed that Sarajevo be bombarded with explicit disregard for

10     the safety of civilians; and on 6 September 1995, the accused ordered the

11     SRK Command to cut utilities supplying Sarajevo, forcing the inhabitants

12     of Sarajevo to go outside and be exposed to sniping and shelling.

13             The Chamber found that the accused intended to establish and

14     carry out a campaign of sniping and shelling against the civilian

15     population of Sarajevo.  Further, the Chamber found that the accused

16     intended this campaign to spread terror among the civilian population of

17     Sarajevo and that he intended to perpetrate the crimes of terror,

18     unlawful attacks on civilians, and murder.  The Chamber found that the

19     accused held this intention throughout the indictment period.  As such,

20     he was a member of the Sarajevo joint criminal enterprise.

21             With respect to the Srebrenica joint criminal enterprise, the

22     Chamber found that there existed a JCE with the primary purpose of

23     eliminating the Bosnian Muslims in Srebrenica by killing the men and

24     boys, and forcibly removing the women, young children, and some elderly

25     men.  In the days immediately preceding 11 July 1995, the objective of


Page 44929

 1     the Srebrenica joint criminal enterprise involved the commission of the

 2     crimes of persecution and the inhumane act of forcible transfer, which

 3     occurred after the VRS attacked the enclave with a view to emptying it.

 4     By the early morning of 12 July 1995, the crimes of genocide,

 5     extermination, and murder also became part of the means to achieve the

 6     objective, prior to the first crime being committed.  In this respect,

 7     Momir Nikolic, Svetozar Kosoric, and Vujadin Popovic discussed the

 8     killings and potential execution sites on the morning of 12 July 1995,

 9     and Tolimir first ordered that Batkovic camp be prepared for a large

10     number of detainees.  He then conveyed that this plan had been given up.

11     The JCE existed until at least October 1995, when reburials in Zvornik

12     and Bratunac municipalities took place.

13             The members of the Srebrenica joint criminal enterprise included:

14     Radovan Karadzic; Radislav Krstic; Vujadin Popovic; Zdravko Tolimir;

15     Ljubomir Borovcanin; Svetozar Kosoric; Radivoje Miletic; Radoslav

16     Jankovic; Ljubisa Beara; Milenko Zivanovic; Vinko Pandurevic; and Vidoje

17     Blagojevic.

18             The charged crimes, except for the ill-treatment and killing near

19     the town of Trnovo of six Bosnian Muslim men and boys, were committed by

20     the VRS or MUP units, all under the operational command of the

21     Drina Corps or the Main Staff at the time.  As such, JCE members used

22     these units to commit the Srebrenica crimes in furtherance of the joint

23     criminal enterprise.

24             The Chamber now turns to the accused's responsibility in relation

25     to the Srebrenica component of the case.  In determining whether the


Page 44930

 1     accused significantly contributed to the Srebrenica joint criminal

 2     enterprise, the Chamber has considered the accused's acts and omissions

 3     during its existence.

 4             The accused, in particular, recommended the promotion of Krstic

 5     to replace Zivanovic as commander of the Drina Corps.  This

 6     recommendation was implemented on 13 July 1995; between at least 11

 7     July and 11 October 1995, he issued several orders to VRS forces,

 8     including the Drina Corps, concerning the operation in and around

 9     Srebrenica; and on 11 and 12 July 1995, he gave orders to MUP commander

10     Borovcanin and his units.  Further, in July and August 1995, the accused

11     provided misleading information about the crimes; and he failed to take

12     adequate steps to prevent crimes or to adequately investigate or punish

13     members of the VRS and other elements of the Serb forces under his

14     effective control for such crimes.

15             The principal perpetrators of the crimes forming part of the

16     Srebrenica joint criminal enterprise were members of the VRS or the MUP.

17     The accused commanded and controlled both VRS and MUP units during the

18     Srebrenica operation and its aftermath.  The accused's acts were so

19     instrumental to the commission of the crimes that without them the crimes

20     would not have been committed as they were.  Therefore, the Chamber found

21     that the accused significantly contributed to achieving the objective of

22     the Srebrenica joint criminal enterprise by way of committing the crimes

23     of genocide, persecution, extermination, murder, and the inhumane act of

24     forcible transfer.

25             In determining whether the accused shared the intent to achieve


Page 44931

 1     the common objective of the Srebrenica joint criminal enterprise, the

 2     Chamber considered his statements and conduct throughout the take-over of

 3     the enclave.  These included, among other things, his role in the

 4     Hotel Fontana meetings on 11 and 12 July 1995 and his presence at a

 5     meeting at the Bratunac Command Centre on 13 July with VRS and MUP

 6     officers, during which the task of killing or liquidating Muslim males

 7     near Konjevic Polje was discussed.  They also included his orders to

 8     separate the Bosnian Muslim men from the women, children and elderly in

 9     Potocari from 12 July 1995 and his presence during the gathering of

10     Bosnian Muslims in Potocari on 12 and 13 July 1995 and during the

11     separation of Bosnian Muslim men.  Finally, the Chamber considered the

12     accused's denial of the crimes committed in Srebrenica as well as the

13     measures he took to provide misleading information and to prevent the

14     media from knowing what was happening there.

15             The Chamber has further considered the accused's presence at

16     Nova Kasaba football stadium and Sandici Meadow on 13 July 1995, where

17     several thousand Bosnian Muslim males were detained, and his misleading

18     assurances that they would be taken to Bratunac to be exchanged.

19             The Chamber found that from at least 1994 and throughout

20     July 1995, the accused made numerous statements expressing a need to take

21     revenge on the Bosnian Muslims from Srebrenica, adding that they would

22     have, and I quote, "disappeared a long time ago" had it not been for the

23     involvement of the international community.  He further stated on several

24     occasions during the Hotel Fontana meetings that the Bosnian Muslims from

25     Srebrenica could, and I quote again, "live or vanish," and "survive or


Page 44932

 1     disappear."

 2             Based on the foregoing, the Chamber found that the accused

 3     intended to eliminate the Bosnian Muslims in Srebrenica by killing the

 4     men and boys and forcibly removing the women, young children, and some

 5     elderly men through the commission of the crimes of persecution, murder,

 6     extermination, and the inhumane act of forcible transfer.  The Chamber

 7     found that the only reasonable inference was that the accused intended to

 8     destroy the Bosnian Muslims in Srebrenica as a substantial part of the

 9     protected group of Muslims in Bosnia-Herzegovina.  Accordingly, the

10     Chamber found that the accused intended to carry out the objective of the

11     Srebrenica joint criminal enterprise through the commissions of the crime

12     of genocide and was a member of the Srebrenica joint criminal enterprise.

13             With respect to the hostage-taking joint criminal enterprise, the

14     Chamber found that a JCE existed from around 25 May 1995 when NATO

15     air-strikes against Bosnian Serb targets commenced, until approximately

16     24 June 1995 when the last UN personnel were released.  This JCE had the

17     purpose of capturing UN personnel in various parts of Bosnia and

18     Herzegovina and detaining them in strategic military locations to prevent

19     NATO from launching further military air-strikes on Bosnian Serb military

20     targets.

21             The members of the hostage-taking joint criminal enterprise were

22     members of the VRS Main Staff; the VRS Corps Commands; Radovan Karadzic;

23     and Nikola Koljevic.

24             These members implemented the common objective themselves and

25     used VRS personnel, including members of the military police, to


Page 44933

 1     implement the objective, the common objective.  The Chamber considered

 2     that orders and their implementation; the reporting obligations by the

 3     members of the JCE; as well as their statements; establish that the

 4     members of the JCE shared the intent to achieve the common criminal

 5     objective.

 6             The Chamber further found that the accused significantly

 7     contributed to the JCE's common objective.  The accused was closely

 8     involved from around 25 May 1995 and throughout every stage of the

 9     hostage-taking.  He ordered VRS units to detain the UNPROFOR personnel

10     and to place them at potential NATO air-strike targets.  He also ordered

11     the release of the detained UNPROFOR personnel and informed an UNPROFOR

12     representative that such release was contingent on the cessation of

13     air-strikes.  The Chamber found that the accused's contributions to the

14     hostage-taking joint criminal enterprise were central to the

15     implementation of the JCE's objective.

16             Based on the accused's statements and conduct throughout the

17     hostage-taking incidents, the Chamber found that the accused intended the

18     objective and the hostage-taking joint criminal enterprise, to capture UN

19     personnel and detain them in strategic military locations to prevent NATO

20     from launching further air-strikes.  The Chamber found that the accused's

21     statements, in particular with regard to the fate of UNPROFOR personnel,

22     were tantamount to having issued threats to continue to detain or to kill

23     UN personnel, and that these threats were meant to end the air-strikes.

24     The Chamber found that the accused was a member of the hostage-taking

25     JCE.


Page 44934

 1             Having summarised its findings, the Chamber will now give its

 2     verdict.

 3             For the reasons summarised during this hearing, having considered

 4     all of the facts, evidence, and arguments of the parties, as well as the

 5     Statute and the Rules, and based upon the factual and legal findings set

 6     out in detail in the written judgement, the Chamber finds Ratko Mladic:

 7             Not guilty of Count 1, genocide; and

 8             Guilty, as a member of varies joint criminal enterprises, of the

 9     following counts:

10             Count 2, genocide;

11             Count 3, persecution, a crime against humanity;

12             Count 4, extermination, a crime against humanity;

13             Count 5, murder, a crime against humanity;

14             Count 6, murder, a violation of the laws or customs of war;

15             Count 7, deportation, a crime against humanity;

16             Count 8, the inhumane act of forcible transfer, a crime against

17     humanity;

18             Count 9, terror, a violation of the laws or customs of war;

19             Count 10, unlawful attacks on civilians, a violation of the laws

20     or customs of war; and

21             Count 11, taking of hostages, a violation of the laws or customs

22     of war.

23             In determining the appropriate sentence to be imposed, the

24     Chamber has taken into account the gravity of the crimes of which he has

25     been found guilty.  The crimes committed rank among the most heinous


Page 44935

 1     known to humankind and include genocide and extermination as a crime

 2     against humanity.

 3             As mitigating factors, the Defence referred to various

 4     circumstances, including the benevolent treatment by Mr. Mladic of, and

 5     assistance to, some victims; his good character; and his diminished

 6     mental capacity, poor physical health, and advanced age.

 7             For the reasons set out in the judgement, the Chamber considers

 8     that most of the factors raised in mitigation by the Defence carry little

 9     or no weight.

10             For having committed these crimes, the Chamber sentences

11     Mr. Ratko Mladic to life imprisonment.

12             This concludes the delivery of the judgement.

13             The Chamber stands adjourned.

14                           --- Whereupon the hearing adjourned at 12.01 p.m.

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