  THE PROSECUTOR OF THE TRIBUNAL AGAINST RADOVAN KARADZIC
RATKO MLADIC
Richard J. Goldstone, Prosecutor
of the International Criminal Tribunal for the Former Yugoslavia,
pursuant to his authority under Article 18 of the Statute of the
International Criminal Tribunal for the Former Yugoslavia ("The
Statute of the Tribunal"), charges:
THE ACCUSED
1. RADOVAN KARADZIC was born
on 19 June 1945 in the municipality of Savnik of the Republic
of Montenegro. From on or about 13 May 1992 to the present, he
has been president of the Bosnian Serb administration in Pale.
2. RATKO MLADIC was born on
12 March 1943 in the municipality of Kalinovik of the Republic
of Bosnia and Herzegovina. He is a career military officer and
holds the rank of general in the Bosnian Serb armed forces. From
on or about 14 May 1992 to the present, he has been the commander
of the army of the Bosnian Serb administration.
SUPERIOR AUTHORITY
3. RADOVAN KARADZIC was a
founding member and president of the Serbian Democratic Party
(SDS) of what was then the Socialist Republic of Bosnia and Herzegovina.
The SDS was the main political party among the Serbs in Bosnia
and Herzegovina. As president of the SDS, he was and is the most
powerful official in the party. His duties as president include
representing the party, co-ordinating the work of party organs
and ensuring the realisation of the programmatic tasks and goals
of the party. He continues to hold this post.
4. RADOVAN KARADZIC became
the first president of the Bosnian Serb administration in Pale
on or about 13 May 1992. At the time he assumed this position,
his de jure powers, as described in the constitution of
the Bosnian Serb administration, included, but were not limited
to, commanding the army on the Bosnian Serb administration in
times of war and peace and having the authority to appoint, promote
and discharge officers of the army.
5. In addition to his powers described
in the constitution, RADOVAN KARADZIC'S powers as president
of the Bosnian Serb administration are augmented by Article 6
of the Bosnian Serb Act on People's Defence which vested in him,
among other powers, the authority to supervise the Territorial
Defence both in peace and war and the authority to issue orders
for the utilisation of the police in case of war, immediate threat
and other emergencies. Article 39 of the same Act empowered him,
in cases of imminent threat of war and other emergencies, to deploy
Territorial Defence units for the maintenance of law and order.
6. RADOVAN KARADZIC'S powers
are further augmented by Article 33 of the Bosnian Serb Act on
Internal Affairs, which authorised him to activate reserve police
in emergency situations.
7. RADOVAN KARADZIC has exercised
the powers described above and has acted and been dealt with internationally
as the president of the Bosnian Serb administration in Pale.
In that capacity, he has, inter alia, participated in international
negotiations and has personally made agreements on such matters
as cease-fires and humanitarian relief that have been implemented.
8. RATKO MLADIC was, in 1991,
appointed commander of the 9th Corps of the Yugoslav People's
Army (JNA) in Knin in the Republic of Croatia. Subsequently,
in May 1992, he assumed command of the forces of the Second Military
District of the JNA which then effectively became the Bosnian
Serb army. He holds the rank of general and from about 14 May
1992 to the present, has been the commander of the army of the
Bosnian Serb administration.
9. RATKO MLADIC has demonstrated
his control in military matters by negotiating, inter alia,
cease-fire and prisoner exchange agreements; agreements relating
to the opening of Sarajevo airport; agreements relating to access
for humanitarian aid convoys; and anti-sniping agreements, all
of which have been implemented.
GENERAL ALLEGATIONS
10. At all times relevant to this
indictment, a state of armed conflict and partial occupation existed
in the Republic of Bosnia and Herzegovina in the territory of
the former Yugoslavia.
11. All acts or omissions herein
set forth as grave breaches of the Geneva Conventions of 1949
(hereafter "grave breaches") recognised by Article 2
of the Statute of the Tribunal occurred during that armed conflict
and partial occupation.
12. In each paragraph charging crimes
against humanity, crimes recognised by Article 5 of the Statute
of the Tribunal, the alleged acts or omissions were part of a
widespread, systematic or large-scale attack directed against
a civilian population.
13. The term "UN peacekeepers"
used throughout this indictment includes UN military observers
of the United Nations.
14. The UN peacekeepers and civilians
referred to in this indictment were, at all relevant times, persons
protected by the Geneva Conventions of 1949.
15. The accused in this indictment
were required to abide by the laws and customs governing the conduct
of war, including the Geneva Conventions of 1949.
CHARGES
16. The charges set forth in this
indictment are in three parts:
Part I of the indictment, Counts
1 to 9, charges a crime of genocide, crimes against humanity and
crimes that were perpetrated against the civilian population and
against places of worship throughout the territory of the Republic
of Bosnia and Herzegovinia.
Part II of the indictment, Counts
10 to 12, charges crimes relating to the sniping campaign against
civilians in Sarajevo.
Part III of the indictment, Counts
13 to 16, charges crimes relating to the taking of UN peacekeepers
as hostages.
17. RADOVAN KARADZIC and
RATKO MLADIC, from April 1992, in the territory of the Republic
of Bosnia and Herzegovina, by their acts and omissions, committed
genocide.
18. Bosnian Muslim and Bosnian Croat
civilians were persecuted on national, political and religious
grounds throughout the Republic of Bosnia and Herzegovina. Thousands
of them were interned in detention facilities where they were
subjected to widespread acts of physical and psychological abuse
and to inhumane conditions. Detention facility personnel who
ran and operated the Omarska, Keraterm and Luka detention facilities,
among others, including, but not limited to Zeljko Meakic (Omarska),
Dusko Sikirica (Keraterm) and Goran Jelisic (Luka), intended to
destroy Bosnian Muslim and Bosnian Croat people as national, ethnic,
or religious groups and killed, seriously injured and deliberately
inflicted upon them conditions intended to bring about their physical
destruction. The conditions in the detention facilities, which
are described in paragraphs 20-22 hereunder, are incorporated
in full herein.
19. RADOVAN KARADZIC and
RATKO MLADIC, between April 1992 and July 1995, in the
territory of the Republic of Bosnia and Herzegovina, by their
acts and omissions, and in concert with others, committed
a crime against humanity by persecuting Bosnian Muslim and Bosnian
Croat civilians on national, political and religious grounds.
As set forth below, they are criminally responsible for the unlawful
confinement, murder, rape, sexual assault, torture, beating, robbery
and inhumane treatment of civilians; the targeting of political
leaders, intellectuals and professionals; the unlawful deportation
and transfer of civilians; the unlawful shelling of civilians;
the unlawful appropriation and plunder of real and personal property;
the destruction of homes and businesses; and the destruction of
places of worship.
20. As soon as military forces
from Bosnia and elsewhere in the former Yugoslavia began to attack
towns and villages in the Republic of Bosnia and Herzegovina,
thousands of Bosnian Muslim and Bosnian Croat civilians were systematically
selected and rounded up on national, ethnic, political or religious
grounds and interned in detention facilities throughout the territory
occupied by the Bosnian Serbs. These facilities include, but are
not limited to:
Detention Facility
Dates of existence Omarska: May - August 1992 Keraterm: May - August 1992 Trnopolje: May - December 1992 Luka May - July 1992 Manjaca: Summer 1991 - December 1992 Susica: June 1992 - September 1992
KP Dom Foca: April - mid-1993
21. Many of these detention facilities
were staffed and operated by military and police personnel and
their agents, under the control of RADOVAN KARADZIC and
RATKO MLADIC. In addition, Bosnian Serb police
and military interrogators had unfettered access to all of the
detention facilities and operated in conjunction with the personnel
in control of these detention facilities. These facilities and
personnel include, but are not limited to: Detention Commander Guards
Facility Omarska: Zeljko Meakic (police) police/military Keraterm: Dusko Sikirica (police) police/military Trnopolje: Slobodon Kuruzovic (military) police/military Luka Goran Jelisic (police) paramilitary Manjaca: Bozidar Popovic (military) military Susica: Dragan Nikolic (military) military
KP Dom Foca: Milorad Krnojelac military
22. Thousands of Bosnian Muslim and
Bosnian Croat civilians, including women, children and elderly
persons, were detained in these facilities for protracted periods
of time. They were not afforded judicial process and their internment
was not justified by military necessity. They were detained,
in large measure, because of their national, religious and political
identity. The conditions in the detention facilities were inhumane
and brutal. Bosnian Serb military and police personnel
in charge of these facilities, including Dragan Nikolic (Susica),
Zeljko Meakic (Omarska), Dusko Sikirica (Keraterm) and other persons
over whom they had control, subjected the civilian detainees to
physical and psychological abuse, intimidation and maltreatment.
Detention facility personnel, intending to destroy Bosnian Muslim
and Bosnian Croat people as national, ethnic or religious groups,
killed, seriously injured and deliberately inflicted upon them
conditions intended to bring about their physical destruction.
Detainees were repeatedly subjected to and/or witnessed inhumane
acts, including murder, rape, sexual assault, torture, beatings,
robbery as well as other forms of mental and physical abuse. In
many instances, women and girls who were detained were raped at
the camps or taken from the detention centres and raped or otherwise
sexually abused at other locations. Daily food rations provided
to detainees were inadequate and often amounted to starvation
rations. Medical care for the detainees was insufficient or non-existent
and the general hygienic conditions were grossly inadequate.
23. Particularly singled out for
persecution by the Bosnian Serb military, Bosnian Serb police
and their agents, under the direction and control of RADOVAN
KARADZIC and RATKO MLADIC, were civilian political
leaders and members of the primary Bosnian Muslim political party,
the Party for Democratic Action (SDA), and the principal Bosnian
Croat political party, the Croatian Democratic Union (HDZ), from
the cities of Prijedor, Vlasenica, Bosanski Samac and Foca, amongst
others. In many instances, lists identifying leaders of the SDA
and the HDZ were provided by the SDS to personnel of the Bosnian
Serb military, police and their agents. Using these lists, Bosnian
Muslim and Bosnian Croat political leaders were arrested, interned,
physically abused and, in many instances, murdered. Some local
SDA leaders who were persecuted because of their political beliefs
include, but are not limited to, Muhamed Cehajic (Prijedor), Sulejman
Tihic (Bosanski Samac), and Ahmet Hadzic (Brcko).
24. In addition to persecutions of
Bosnian Muslim and Bosnian Croat political leaders, the Bosnian
Serb military, police and their agents systematically targeted
for persecution on national or religious grounds, Bosnian Muslim
and Bosnian Croat intellectuals and professionals in many towns
and villages including Prijedor, Vlasenica, Bosanski Samac and
Foca, among others. Individuals who were persecuted include,
but are not limited to Abdulah Puskar (academic), Ziko Crnalic
(businessman) and Esad Mehmedalija (attorney) from Prijedor; Osman
Vatic (attorney) from Brcko.
25. Thousands of Bosnian Muslims
and Bosnian Croats from the areas of Vlasenica, Prijedor, Bosanski
Samac, Brcko and Foca, among others, were systematically arrested
and interned in detention facilities established and maintained
by the Bosnian Serb military, police and their agents and thereafter
unlawfully deported or transferred to locations inside and outside
of the Republic of Bosnia and Herzegovina. In addition, Bosnian
Muslim and Bosnian Croat civilians, including women, children
and elderly persons, were taken directly from their homes and
eventually used in prisoner exchanges by Bosnian Serb military
and police and their agents under the control and direction of
RADOVAN KARADZIC and RATKO MLADIC. These deportations
and others were not conducted as evacuations for safety, military
necessity or for any other lawful purpose and have, in conjunction
with other actions directed against Bosnian Muslim and Bosnian
Croat civilians, resulted in a significant reduction or elimination
of Bosnian Muslims and Bosnian Croats in certain occupied regions.
26. Beginning in July 1992 and continuing
through to July 1995, Bosnian Serb military forces, under the
direction and control of RADOVAN KARADZIC and RATKO
MLADIC, unlawfully fired on civilian gatherings that were
of no military significance in order to kill, terrorise and demoralise
the Bosnian Muslim and Bosnian Croat civilian population. These
incidents include, but are not limited to the following: Location/Type of Municipality Date Casualties
Civilian Gathering
Sarajevo (picnic) Sarajevo 03/07/92 10 Sarajevo (airport) Sarajevo 11/02/93 4 Srebrenica (playground) Srebrenica 12/4/93 15 Dobrinja (soccer game) Sarajevo 01/06/93 146 Dobrinja (water line) Sarajevo 12/07/93 27 Sarajevo (residential street) Sarajevo 28/11/93 11 Ciglane Market (fruit market) Sarajevo 06/12/93 20 Alipasino Polje (children Sarajevo 22/01/94 10 playing) Cetinjska St (children Sarajevo 26/10/94 7 playing) Sarajevo (Livanjska Street) Sarajevo 08/11/94 7 Sarajevo (flea market) Sarajevo 22/12/94 9
Tuzla (plaza) Tuzla
24/05/95 195
27. Shortly after armed hostilities
broke out in the Republic of Bosnia and Herzegovina, Bosnian Serb
forces quickly suppressed armed resistance in most villages and
cities. During and after the course of consolidating their gains,
Bosnian Serb military and police personnel, and other agents of
the Bosnian Serb administration, under the direction and control
of RADOVAN KARADZIC and RATKO MLADIC, systematically
and wantonly appropriated and looted the real and personal property
of Bosnian Muslim and Bosnian Croat civilians. The appropriation
of property was extensive and not justified by military necessity.
It occurred from April 1992 to January 1993 in the municipalities
of Prijedor, Vlasenica, and Bosanski Samac, among others.
28. The appropriation and looting
of said property was accomplished in the following manner and
by the following means, among others:
A. Thousands of Bosnian Muslim and
Bosnian Croat civilians were forced into detention facilities
where they remained for protracted periods of time. Upon entering
these internment facilities, the personnel who ran the internment
facilities systematically stole the personal property of the detainees,
including jewellery, watches, money and other valuables. The
detainees were rarely provided receipts for the property taken
from them or given their property back upon their release.
B. Civilians interned in these camps
witnessed and/or were subjected to physical and psychological
abuse. After witnessing or experiencing serious abuse, thousands
of internees were forcibly transferred from these camps to locations
inside and outside the Republic of Bosnia and Herzegovina. Before
being forcibly transferred, many detainees were compelled to sign
official Bosnian Serb documents wherein they "voluntarily"
relinquished to the Bosnian Serb administration title to and possession
of their real and personal property.
C. In many instances, Bosnian Muslim
and Bosnian Croat civilian detainees were taken from internment
camps to their homes and businesses and forced to turn over to
their escorts money and other valuables. In other instances,
they were used as labourers to load property from Bosnian Muslim
and Bosnian Croat homes and businesses onto trucks for transportation
to parts unknown. This occurred with the consent and approval
of those in control of the detention facilities.
D. Many Bosnian Muslim and Bosnian
Croat civilians who were not interned in camps were forced to
stay in their communities where they were subjected to physical
and psychological abuse from Bosnian Serb military and police
and their agents, paramilitary forces and lawless elements of
the Bosnian Serb community. Conditions for many became intolerable
and they left. Before leaving, many civilians were compelled
to sign official Bosnian Serb documents wherein they "voluntarily"
relinquished to the Bosnian Serb administration their rights to
their real and personal property. In some cases, Bosnian Muslim
and Bosnian Croat civilians who left their communities were permitted
to take with them limited amounts of personal property and money,
but even that property was stolen from them at Bosnian Serb checkpoints
or at other locations.
E. In many instances during and
after the Bosnian Serb military take-over of towns and villages,
Bosnian Serb military, police and their agents, entered the homes
of non-Serb civilians and plundered the personal property of non-Serb
civilians.
DESTRUCTION OF PROPERTY
29. Persecution throughout the occupied
territory by Bosnian Serb military, police and their agents, or
third parties with their acquiescence, involved the systematic
destruction of Bosnian Muslim and Bosnian Croat homes and businesses.
These homes and businesses were singled out and systematically
destroyed in areas where hostilities had ceased or had not taken
place. The purpose of this unlawful destruction was to ensure
that the inhabitants could not and would not return to their homes
and communities. The cities, villages and towns, or Bosnian Muslim
and Bosnian Croat portions thereof, where extensive destruction
of property occurred include, but are not limited to the following:
Town/Village Municipality Approximate dates of
destruction Grebnice Bosanski Samac 19-22 April 1992 Hrvatska Tisina Bosanski Samac 19-22 April 1992 Hasici Bosanski Samac 19-22 April 1992 Derventa Derventa 4 April 1992 Vijaka Derventa 4 April 1992 Bosanski Brod Bosanski Brod 3 March 1992 Odzak Odzak July 1992 Modrica Modrica Late April 1992 Vidovice Orasje 29 April and 4 May 1992 Gradacac Gradacac mid-1992 Piskavice Vlasenica 22 April 1992 Gobelje Vlasenica 28 April 1992 Turalici Vlasenica 28 April 1992 Djile Vlasenica 1-3 May 1992 Pomol Vlasenica 1 May 1992 Gaj Vlasenica 1 May 1992 Besici Vlasenica 1 May 1992 Nurici Vlasenica 1 May 1992 Vrsinje Vlasenica 1 May 1992 Dzamdzici Vlasenica 8 May 1992 Pivici Vlasenica 11 May 1992 Hambarine Prijedor 23 May 1992 Ljubija Prijedor 23 May 1992 Kozarac Prijedor 24 May 1992 Biscani Prijedor 20 July 1992 Carakovo Prijedor 20 July 1992 Rizvanovici Prijedor 20 July 1992 Sredice Prijedor 20 July 1992
Zikovi Prijedor 20 July 1992
30. Muslim and Catholic places of
worship were systematically damaged and/or destroyed by Bosnian
Serb military forces and others. In many instances, where no
military action had taken place or had ceased, these sacred sites
were also damaged and/or destroyed. These places of worship include,
but are not limited to those mentioned in paragraph 37 of this
indictment. Bosnian Serb military and police forces failed
to take reasonable and necessary measures to ensure that these
religious sites would be protected.
31. The events described above were
directed against Bosnian Muslim and Bosnian Croat civilians.
Individually and collectively, these actions taken by or on behalf
of the Bosnian Serb administration, have been on such a large
scale and implemented in such a systematic way that they have
destroyed, traumatised or dehumanised most aspects of Bosnian
Muslim and Bosnian Croat life in those areas where the Bosnian
Serb administration has taken control.
32. RADOVAN KARADZIC and
RATKO MLADIC knew or had reason to know that subordinates
in detention facilities were about to kill or cause serious physical
or mental harm to Bosnian Muslims and Bosnian Croats with the
intent to destroy them, in whole or in part, as national, ethnic
or religious groups or had done so and failed to take necessary
and reasonable measures to prevent such acts or to punish the
perpetrators thereof.
33. RADOVAN KARADZIC and RATKO
MLADIC individually and in concert with others planned, instigated,
ordered or otherwise aided and abetted in the planning, preparation
or execution of persecutions on political and religious grounds
or knew or had reason to know that subordinates were about to
do the same or had done so and failed to take necessary and reasonable
measures to prevent such acts or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 1: GENOCIDE
as recognised by Articles 4(2)(a),(b),(c) and 7(3) of the Statute
of the Tribunal.
Count 2: a
CRIME AGAINST HUMANITY as recognised by Articles 5(h) and
7(1) and 7(3) of the Statute of the Tribunal.
34. From the outset of hostilities
in the Republic of Bosnia and Herzegovina, thousands of Bosnian
Muslim and Bosnian Croat civilians were unlawfully interned in
detention facilities. Many of these facilities were established
and operated by the Bosnian Serb military, police and their agents
under the direction and control of RADOVAN KARADZIC and
RATKO MLADIC. As described in paragraphs 18 and 20-22
of this indictment and incorporated in full herein, the conditions
in these facilities were inhumane. Countless civilians were abused
and many perished in these internment facilities.
35. RADOVAN KARADZIC and RATKO
MLADIC individually and in concert with others planned, ordered,
instigated or otherwise aided and abetted in the planning and
preparation or execution of the unlawful detention of civilians
or knew or had reason to know that subordinates were unlawfully
detaining civilians and failed to take necessary and reasonable
measures to prevent such acts or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 3: a
GRAVE BREACH as recognised by Articles 2(g) (unlawful confinement
of civilians), 7(1) and 7(3) of the Statute of the Tribunal.
Count 4: a
VIOLATION OF THE LAWS OR CUSTOMS OF WAR (outrages upon
personal dignity) as recognised by Articles 3, 7(1) and 7(3) of
the Statute of the Tribunal.
36. As described in paragraph 26 of
this indictment, which is incorporated in full herein, Bosnian
Serb military forces fired upon civilian gatherings that were
of no military significance, thereby causing injury and death
to hundreds of civilians. RADOVAN KARADZIC and RATKO
MLADIC, individually and in concert with others planned,
instigated, ordered or otherwise aided and abetted in the planning,
preparation or execution of unlawful attacks against the civilian
population and individual civilians with area fire weapons such
as mortars, rockets and artillery or knew or had reason to know
that the Bosnian Serb military forces were about to unlawfully
attack the civilian population and individual civilians, or had
already done so, and failed to take the necessary and reasonable
steps to prevent such shelling or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 5:
a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (deliberate attack
on the civilian population and individual civilians) as recognised
by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.
37. Since April 1992 to the
end of May 1995, in territory of the Republic of Bosnia and Herzegovina
controlled by the Bosnian Serb military and police, including
areas where no military conflict was ongoing, there has been widespread
and systematic damage to and destruction of Muslim and Roman Catholic
sacred sites. In areas such as Banja Luka, the near total obliteration
of these religious sites has occurred. The sites in the Banja
Luka area include the following:
38. In other areas, damage and destruction to places of worship has been widespread These sites include, but are not limited to the Aladza Mosque (Foca); the Sultan Selim Mosque (Doboj); the Church of St. Peter and St. Paul, the Obri Chapel and the Sevri-Hadzi Mosque (Mostar); the parish church (Novi Seher) and the Carsijska Mosque (Konjic). Bosnian Serb military and police forces failed to take reasonable and necessary measures to ensure that these religious sites were protected.
39. RADOVAN KARADZIC and RATKO
MLADIC, individually and in concert with others
planned, instigated, ordered or otherwise aided and abetted
in the planning, preparation or execution of the destruction
of sacred sites or knew or had reason to know that subordinates
were about to damage or destroy these sites or had done so and
failed to take necessary and reasonable measures to prevent them
from doing so or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 6: a
VIOLATION OF THE LAWS OR CUSTOMS OF WAR (destruction or
wilful damage to institutions dedicated to religion) as recognised
by Articles 3(d), 7(1) and 7(3) of the Statute of the Tribunal.
40. After the take-over of Foca (8
April 1992), Bosanski Samac (17 April 1992), Vlasenica (21 April
1992), Prijedor (30 April 1992), Brcko (30 April
1992) and other municipalities in the Republic of Bosnia and Herzegovina,
Bosnian Serb military and police forces and other elements over
whom they had control, under the direction and control of RADOVAN
KARADZIC and RATKO MLADIC, systematically destroyed,
or permitted others to destroy, for no justifiable military reasons,
Bosnian Muslim and Bosnian Croat businesses and residences in
occupied cities and villages. The areas where extensive destruction
occurred include those areas described in paragraph 29 of this
indictment, which is incorporated in full herein.
41. RADOVAN KARADZIC and RATKO
MLADIC, individually and in concert with others planned, instigated,
ordered or otherwise aided and abetted in the planning, preparation
or execution of the extensive, wanton and unlawful destruction
of Bosnian Muslim and Bosnian Croat property, not justified by
military necessity or knew or had reason to know that subordinates
were about to destroy or permit others to destroy the property
of Bosnian Muslim or Bosnian Croat civilians or had done so and
failed to take necessary and reasonable measures to prevent this
destruction or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 7:
a GRAVE BREACH as recognised by Articles 2(d) (destruction
of property), 7(1) and 7(3) of the Statute of the Tribunal.
42. As described in paragraphs 27-28
of this indictment, which are incorporated in full herein, Bosnian
Serb military and police personnel and other agents of the Bosnian
Serb administration, under the direction and control of RADOVAN
KARADZIC and RATKO MLADIC, systematically appropriated
and looted the real and personal property of Bosnian Muslim and
Bosnian Croat civilians.
43. RADOVAN KARADZIC and
RATKO MLADIC, individually and in concert with others planned,
instigated, ordered or otherwise aided and abetted in the planning,
preparation or execution of the extensive, wanton and unlawful
appropriation of real and personal property owned by Bosnian Muslim
and Bosnian Croat civilians or knew or had reason to know that
subordinates were about to appropriate real and personal property
of Bosnian Muslim and Bosnian Croat civilians or had done so and
failed to take necessary and reasonable measures to prevent this
appropriation or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 8:
a GRAVE BREACH as recognised by Articles 2(d) (appropriation
of property), 7(1) and 7(3) of the Statute of the Tribunal.
Count 9:
a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (plunder of public
or private property) as recognised by Articles 3(e), 7(1) and
7(3) of the Statute of the Tribunal.
44. Since 5 April 1992, the City of Sarajevo has been besieged by forces of the Bosnian Serb army. Throughout this siege, there has been a systematic campaign of deliberate targeting of civilians by snipers of the Bosnian Serb military and their agents. The sniping campaign has terrorised the civilian population of Sarajevo and has resulted in a substantial number of civilian casualties, killed and wounded, including women, children and elderly. Between 5 May 1992 and 31 May 1995, snipers have systematically, unlawfully and wilfully killed and wounded civilians in the area of Sarajevo, including but not limited to the following individuals:
Elma Jakupovic, age 2, at Jukiceva Street, No 17, on 20 July 1993 Elvedina Colic, age 4, at Kobilja Glava on 8 August 1993 Adnan Kasapovic, age 16, at Dj.A.Kuna Street on 24 October 1994 Nermina Omerovic, age 11, at Djure Danicica Street on 8 November
1994
Almasa Konjhodzic, age 56, at the intersection of Kranjcevica and Brodska Streets on 27 June 1993 Sevda Kustura, age 50, at Spicasta Stijena on 5 August 1993 Sada Pohara, age 19, at Zarka Zgonjanina Street, No 13, on 30 August 1993 Saliha Comaga, age 38, at Mujkica Brdo, Ugorsko, on 8 September 1993 Edina Trto, age 25, at Ivana Krndelja Street on 26 September 1993 Hatema Mukanovic, age 38, at Obala 27 July 89 Street on 11 January 1994 Radmila Plainovic, age 51, at Vojvode Putnika Street on 7 February 1994 Lejla Bajramovic, age 24, at B. Boris Kidric Street, No 3, on
8 December 1994
Hajrija Dizdarevic, age 66, at Ivo Kranjcevic Street 11 on 17 July 1993 Marko Stupar, age 64, at Zmaja od Bosne No 64 Street on 12 January 1994 Fadil Zuko, age 63, at Stara Cesta Street, bb on 2 February 1994
Dragomir Culibrk, aged 61, at Prvomajska
BB on 16 June 1994
Adnan Mesihovic, age 34, at Hasana Brkica Street on 3 September 1993 Junuz Campara, age 59, at Milutin Djuraskovic Street on 6 September 1993 Augustin Vucic, age 57, at Ante Babica Street on 13th March 1994
Jasmin Podzo, age 23, at Mala Berkusa
Street 10 on 4 March 1995
Boy, age 2, at Stara Cesta Street on 26 June 1993 Boy, age 12, at Kupalista swimming pool on 5 August 1993 Girl, age 9, at Kobilja Glava on 8 August 1993 Boy, age 14, at Dzemal Bijedic Street on 3 September 1993 Girl, age 8, at Ivana Krndelja Street on 3 September 1993 Boy, age 15, at X transverzale Street bb on 4 October 1993 Boy, age 13, at Donji Hotonj II Street on 10 November 1993 Boy, age 12, at Petra Drapsina Street on 28 November 1993 Boy, age 17, at Dzemala Bijedica Street on 10 January 1994 Boy, age 5, at Zmaja od Bosne Street on 19 June 1994 Girl, age 16, at Senada Mandica-Dende Street on 26 June 1994 Boy, age 13, at Miljenka Cvitkovica Street on 22 July 1994 Boy, age 7, at Zmaja od Bosne Street on 18 November 1994 Girl, age 13, at the cross-roads of Rogina and Sedrenik Streets on 22 November 1994
Boy, age 14, at Sedrenik Street on
6 March 1995
Female, age 20, at Hotonj on 5 August 1993 Female, age 52, at Franca Rozmana Street on 6 August 1993 Female, age 55, at Spanskih Boraca Street on 30 August 1993 Female, age 35, at Ivana Krndelja Street on 3 September 1993 Female, age 32, at Nikola Demonja/ Grada Bakua Street area on 6 January 1994 Female, age 46, at Olimpijska Street, No 15, on 18 January 1994 Female, age 42, at 21 Maj Street on 9 May 1994 Female, age 50, and female, age 62, at Nikole Demonje Street on 25 May 1994 Female, age 45, at Mojmilo- Dobrinja Road on 13 June 1994 Female, age 46, at Zaim Imamovic Street, No 15 on 20 July 1994 Female, age 54, at Baruthana Street on 8 November 1994 Female, age 28, at Zmaja od Bosne Street on 9 November 1994 Female, age 28, at Zmaja od Bosne Street on 18 November 1994 Female, age 24, at Franca Lehara Street, No 3 on 8 December 1994
Female, age 49, at Sedrenik Street
on 10 December 1994
Female, age 71, at "Ciglane" Market on 17 September 1993 Female, age 72, at Nikole Demonje Street on 2 October 1993 Female, age 60, at Lovcenska Street on 7 December 1993 Male, age 63, at St Anto Babic on 13 March 1994 Male, age 62, at Omladinskih Radnih Brigada Street on 16 June 1994 Male, age 61, at Prvomajska BB on 16 June 1994 Male, age 67, at Senad Mandic Denda Street, on 17 July 1994 Male, age 63, at Sedrenik Street on 11 December 1994 Male, age 62, at Sedrenik Street on 13 December 1994 Female, age 73, at the intersection of Zmaja od Bosne and Muzejska
Streets on 18 December 1994
Male, age 36, at Trg of Zavnobih on 1 February 1993 Male, age 52, at Kobilja Glava on 25 June 1993 Male, age 29, at Stara Cesta Street on 7 October 1993 Male, age 50, and male, age 56, at Brace Ribara Street on 2 November 1993 Male, age 36, at Stara Cesta Street on 14 December 1993 Male, age 27, at Zmaja od Bosne Street on 19 June 1994 Male, age 20, male, age 27, male, age 39, and male, age 34, at Zmaja od Bosne Street on 9 November 1994 Male, age 29, at Sedrenik Street on 8 December 1994 Male, age 46, and male, age 33, at intersection of Franje Rackog and Marsala Tita Streets on 3 March 1995
Male, age 52, at Sedrenik Street on
6 March 1995
45. RADOVAN KARADZIC and RATKO
MLADIC individually and in concert with others planned, ordered,
instigated or otherwise aided and abetted in the planning, preparation
or execution of the sniping of civilians or knew or had reason
to know that subordinates were sniping civilians and failed to
take necessary and reasonable measures to prevent such acts or
to punish the perpetrators thereof.
As to the deliberate attacks by sniper
fire against the civilian population and individual civilians,
which resulted in death and injury to said civilians, and acts
and omissions related thereto, RADOVAN KARADZIC and
RATKO MLADIC committed:
Count 10: a
VIOLATION OF THE LAWS OR CUSTOMS OF WAR (deliberate attack
on the civilian population and individual civilians) as recognised
by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.
As to the killing by sniper fire
of these civilians, among others, and acts and omissions related
thereto, RADOVAN KARADZIC and RATKO MLADIC committed:
Count 11:
a CRIME AGAINST HUMANITY as recognised by Articles 5(a)
(murder), 7(1) and 7(3) of the Statute of the Tribunal.
As to the wounding by sniper fire
of these civilians, among others, and acts and omissions related
thereto, RADOVAN KARADZIC and RATKO MLADIC committed:
Count 12: a
CRIME AGAINST HUMANITY as recognised by Articles 5(i)
(inhumane acts), 7(1) and 7(3) of the Statute of the Tribunal.
46. Between 26 May 1995 and
2 June 1995, Bosnian Serb military personnel, under the direction
and control of RADOVAN KARADZIC and RATKO MLADIC,
seized 284 UN peacekeepers in Pale, Sarajevo, Gorazde and
other locations and held them hostage in order to prevent
further North Atlantic Treaty Organisation (NATO) airstrikes.
Bosnian Serb military personnel held the UN peacekeepers throughout
their captivity by force or by the threat of force. In some instances,
the UN hostages were assaulted. During and after protracted negotiations
with Bosnian Serb leaders, the UN hostages were released in stages
between 3 June 1995 and 19 June 1995.
47. After seizing UN peacekeepers
in the Pale area, Bosnian Serb military personnel, under the direction
and control of RADOVAN KARADZIC and RATKO MLADIC,
immediately selected certain UN hostages to use as "human
shields," including but not limited to Capt. Patrick A. Rechner
(Canada), Capt. Oldrich Zidlik (Czech Republic) Captain Teterevsky
(Russia), Maj. Abdul Razak Bello (Nigeria), Capt. Ahmad Manzoor
(Pakistan) and Maj. Gunnar Westlund (Sweden). From on or about
26 May 1995 through 27 May 1995, Bosnian Serb military personnel
physically secured or otherwise held the UN peacekeepers against
their will at potential NATO air targets, including the ammunition
bunkers at Jahorinski Potok, the Jahorina radar site and a nearby
communications centre in order to render these locations immune
from further NATO airstrikes. High level Bosnian Serb political
and military delegations inspected and photographed the UN hostages
who were handcuffed at the ammunition bunkers at Jahorinski Potok.
48. RADOVAN KARADZIC and
RATKO MLADIC, individually and in concert with others planned,
instigated, ordered or otherwise aided and abetted in the planning,
preparation or execution of the taking of civilians, that is UN
peacekeepers, as hostages and, additionally, using them as "human
shields" and knew or had reason to know that subordinates
were about to take and hold UN peacekeepers as hostages and about
to use them as "human shields" or had done so
and failed to take necessary and reasonable measures to prevent
them from doing so or to punish the perpetrators thereof.
In regard to UN peacekeepers seized
and held hostage between 26 May 1995 and 19 June 1995, RADOVAN
KARADZIC and RATKO MLADIC, by their acts and omissions,
committed:
Count 13:
a GRAVE BREACH as recognised by Articles 2(h) (taking
civilians as hostage), 7(1) and 7(3) of the Statute of the Tribunal.
Count 14:
a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (taking of hostages)
as recognised by Articles 3, 7(1) and 7(3) of the Statute of the
Tribunal.
In regard to the UN peacekeepers
used as "human shields" on 26 and 27 May 1995, RADOVAN
KARADZIC and RATKO MLADIC, by their acts and omissions,
committed:
Count 15:
a GRAVE BREACH as recognised by Articles 2(b) (inhuman
treatment), 7(1) and 7(3) of the Statute of the Tribunal.
Count 16:
a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (cruel treatment)
as recognised by Articles 3, 7(1) and 7(3) of the Statute of the
Tribunal. ___ July 1995 _______________________ Richard J. Goldstone
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