Tribunal Criminal Tribunal for the Former Yugoslavia

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1 ^day, 13 September 1996

2 [Rule 61 Hearing]

3 THE REGISTRAR: Case IT-95-12-R 61, the Prosecutor against Ivica

4 Rajic, review of indictment pursuant to Rule 61 of the Rules of Procedure

5 and Evidence.

6 JUDGE McDONALD: Thank you. The decision of the Trial Chamber in

7 matter of the Prosecutor versus Ivica Rajic, also known as Victor Andric,

8 has been handed down today in the absence of Judge Sidwa ^ who sadly has

9 resigned from the International Tribunal for reasons of ill health. Judge

10 Sidwa ^ fully participated in our deliberations on this matter and

11 concurred with the unanimous finding on the substance of the decision.

12 Judge Sidwa also prepared a separate opinion relating to certain

13 evidentiary and procedural matters. The full text of the decision and the

14 opinion are available from the press office.

15 On 2 and 3 April, 1996, the Trial Chamber conducted a hearing

16 pursuant to Rule 61 of the Rules of Procedure and Evidence of the

17 International Tribunal with respect to Ivica Rajic. The hearing was held

18 pursuant to an order by Judge Sidwa ^ who confirmed the indictment against

19 Rajic on 29 August 1995, and who was satisfied that the Prosecutor had

20 taken all reasonable steps to effect personal service of the indictment on

21 the accused and had otherwise tried to inform the accused of the existence

22 of the indictment but had been unable to do so.

23 During the hearing, the Prosecutor was invited to file an

24 additional brief addressing the relevance to these proceedings of the

25 decision of the International Court of Justice in the Nicaragua case.

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1 This brief was filed with the Trial Chamber on 10 April 1996.

2 On 29 April 1996, the Prosecutor filed an application to adjourn

3 the decision of the Rule 61 hearing and to file additional evidence. The

4 application was granted and the additional evidence which amounted to more

5 than 500 pages was filed on 10 June 1996. Further filings relating to the

6 failure or refusal of states to cooperate with the International Tribunal

7 were filed on 12 and 13 August, 1996.

8 Under Rule 61, the Trial Chamber must determine whether there are

9 reasonable grounds for believing that an accused, who has not been

10 surrendered to the International Tribunal, committed the crimes charged in

11 the indictment against him. The indictment against Rajic alleges that he

12 ordered the attack of 23 October 1993 against the village of Stupni Do in

13 the Republic of Bosnia and Herzegovina. For this attack, Rajic is

14 indicted on six counts.

15 Counts 1 and 2 charge Rajic with willful killing and destruction

16 of property in violation of the grave breaches provisions of the Geneva

17 Conventions as recognised by Article 2(A) and 2(D) of the Statute of the

18 International Tribunal. Count 3 charges Rajic with a deliberate attack on

19 a civilian population, and wanton destruction of the village in violation

20 of the laws or customs of war contrary to Article 3 of the Statute.

21 Alternatively, Rajic is charged in Counts 4 and 5 with command

22 responsibility for the acts forming the basis of Counts 1 and 2

23 respectively, and Count 4 charges him with command responsibility for the

24 acts charged in Count 3.

25 With respect to its subject matter jurisdiction, the Trial Chamber

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1 has concluded that there are reasonable grounds for believing that the

2 attack on the village of Stupni Do took place during the course of an

3 international armed conflict and that the victims and property which were

4 the subject of the alleged attack were protected persons or property under

5 the provisions of the relevant Geneva Convention. The Trial Chamber

6 therefore has jurisdiction over the charges contained in Counts 1, 2, 4

7 and 5.

8 Lastly, the Trial Chamber also held that based on its earlier

9 finding of reasonable grounds for believing that the attack took place in

10 the context of an international armed conflict, it has subject matter

11 jurisdiction over the counts relating to violation of the laws or customs

12 of war, that is Counts 3 and 6.

13 Having reviewed the evidence relating to Rajic's alleged

14 commission of the crimes charged in the indictment, the Trial Chamber

15 finds that there are reasonable grounds for believing that Rajic committed

16 the following crimes: Willful killing of civilians in the village of

17 Stupni Do, destruction of property in the village of Stupni Do, a

18 deliberate attack on the civilian population of Stupni Do, and the wanton

19 destruction and devastation of Stupni Do unjustified by military

20 necessity. Accordingly, the Trial Chamber has confirmed all counts of the

21 indictment and has today issued an international arrest warrant for Ivica

22 Rajic which will be transmitted to all states and to the multinational

23 military implementation force, IFOR, in Bosnia and Herzegovina.

24 Finally, the Trial Chamber has taken note of the material

25 submitted by the Prosecutor as to the current whereabouts of Ivica Rajic

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1 and has certified for the purpose of notifying the Security Council of the

2 United Nations that the failure to effect personal service of the

3 indictment against Ivica Rajic is due, at least in part, to the failure of

4 the authorities of the Federation of Bosnia and Herzegovina and of the

5 Republic of Croatia to cooperate fully with the International Tribunal.

6 Are there other matters that need to be handled at this time,

7 Mr. Osberg ^?


9 JUDGE McDONALD: Very good. Then we will stand adjourned.

10 --- Whereupon the hearing is adjourned at ^