Memorial of the Republic of Croatia
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INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. YUGOSLAVIA) MEMORIAL OF THE REPUBLIC OF CROATIA ANNEXES GENERAL ANNEXES VOLUME 4 1 MARCH 2001 CONTENTS GENOCIDE CONVENTION 1 Annex 1: Convention on the Prevention and Punishment of the Crime of Genocide U.N.T.S. No. 1021, Vol. 78 (1951), P. 277 3 APPLICATION BY THE REPUBLIC OF CROATIA AND ORDERS FROM THE COURT 7 Annex 2: Application by the Republic of Croatia Instituting Proceedings Against the Federal Republic of Yugoslavia 9 Annex 3: Orders for Extension of Time, Year 1999 19 UN RESOLUTIONS AND OTHER UN DOCUMENTS 23 Annex 4: General Assembly Resolution, 49/43, 9 December 1994 25 Annex 5: Relevant UN Resolutions and Reports on the Situation of Human Rights in the Territory of the Former Yugoslavia (from 1992 to 1994) 27 Annex 6: General Assembly Press Release, 1 November 2000 31 Annex 7: Letter from the Secretary-General to the President of the Security Council, Dated 29 April 1997 33 RELEVANT LEGAL AND POLITICAL DOCUMENTS 37 Annex 8: Declaration on the Proclamation of the Sovereign and Independent Republic of Croatia 39 Annex 9: Constitutional Decision on the Sovereignty and Independence of the Republic of Croatia – 25 June 1991 42 Annex 10: Decision on the Sovereignty and Independence of the Republic of Croatia, 8 October 1991 44 Annex 11: Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium, November 12, 1995 45 Annex 12: Agreement on Normalization of Relations Between the Republic of Croatia and the Federal Republic of Yugoslavia, 23 August 1996 47 Annex 13: Joint Statement by Ambassador Muhamed Šačirbey and Ambassador Ivan Šimonović, 12 June 2000 50 Annex 14: the SANU “Memorandum” 51 Annex 15: Constitution of the Federal Republic of Yugoslavia, 27 April 1992 86 IV INTERNATIONAL AND NATIONAL PRESS COMMENT 87 Annex 16: Extracts from Politika (Serbian newspaper) 89 Annex 17: Extracts from Politika Express (Serbian newspaper) 91 Annex 18: Extracts from “Intervju” (Serbian magazine) 91 Annex 19: Extracts from “Duga” (Serbian magazine) 93 Annex 20: Extracts from “Večernje Novosti” (Serbian newspaper) 96 Annex 21: Extracts from “Borba” (Serbian newspaper) 97 Annex 22: Extracts from “Pobjeda” (Montenegrin press) 97 Annex 23: Extracts from “Vreme” (Serbian magazine) 98 Annex 24: Mark Thompson, Forging of War (Kovanje rata) Zagreb, Croatia, 1995, pp. 52-53. 99 Annex 25: Media & War (Zagreb–Belgrade, 2000) citing Žarko Puhovski, Hate Silence, Croatia, pp. 41-53. 99 Annex 26: Helmut Bauer, the Freedom of Media and Public Opinion (Sloboda medija i javno mnijenje) (Osijek-Zagreb-Split, 1997), Croatia, p. 90. 99 Annex 27: “Serbian Politics Must Not be Defined in Washington” (“Srpska politika se ne sme određivati u Vašingtonu”) Tanjug Press (Serbian), 8 August 1991, p. 15. 100 Annex 28: Extracts from Stojan Cerović, “Bacchanalia: Patriotic Trap” (“Bahanalije: U zamci rodoljublja”) Belgrade, FRY, 1993. 100 Annex 29: BBC Summary of World Broadcasts, July 27, 1990 101 Annex 30: BBC Summary of World Broadcasts, January 17, 1991 102 Annex 31: BBC Summary of World Broadcasts, January 18, 1991 103 Annex 32: BBC Summary of World Broadcasts, January 24, 1991 104 Annex 33: Financial Times (London), 4 March 4 1991 105 Annex 34: Orlando Sentinel Tribune, March 17, 1991 106 Annex 35: BBC Summary of World Broadcasts, March 18, 1991 107 Annex 36: The Guardian (London) July 2, 1991 109 Annex 37: United Press International, July 6, 1991 110 Annex 38: Los Angeles Times, July 16, 1991 111 Annex 39: The Guardian (London) October 4, 1991 113 Annex 40: BBC Summary of World Broadcasts, October 5, 1991 114 Annex 41: United Press International November 21, 1991 115 Annex 42: The British Broadcasting Corporation, November 22, 1991 117 Annex 43: The British Broadcasting Corporation, November 23, 1991 117 V Annex 44: The British Broadcasting Corporation, May 22, 1995 118 Annex 45: The Washington Post, July 4, 1995 119 Annex 46: Agence France Presse, January 20, 1998 122 MILITARY DOCUMENTS 125 Annex 47: Federal Secretariat for National Defence: Order of Chief of Staff, SFRY 15 May 1990 127 Annex 48: Command of the 1st Military Region, 15 May 1990 130 Annex 49: Strategy of the National Defence and Social Self- Protection of the SFRY Belgrade, 1987 132 Annex 50: Extract from “Development of the Armed Forces of the SFRY, 1945-1985” 134 Annex 51: Command of the 30th Partisan Division 135 Annex 52: Order of the Presidency of the SFRY, 31 May 1990 137 Annex 53: Federal Secretariat for National Defence Order of 14 May 1990 139 Annex 54: Command of the 5th Military Region, 24 January 1991 140 Annex 55: Command of the 9th Corps of the Combat Air Force and Anti-Aircraft Defence, 10 December 1990 141 Annex 56: Federal Secretariat for National Defence Information, 10 January 1991 143 Annex 57: Order of the SFRY Presidency, 9 January 1991 144 Annex 58: Federal Secretariat for National Defence: Completion and Development of Leadership and Command in the Armed Forces (Dissertation), 14 March 1989 145 Annex 59: Order of the 17th Corps, 14 May 1991 150 Annex 60: Command of the 10th Corps, 10 May 1991 153 Annex 61: [deleted] 155 Annex 62: Instruction of the Federal Secretariat for National Defence, 28 June 1991 155 Annex 63: Command of the 17th Corps, 5 July 1991 157 Annex 64: Transcript of Conversation between Radovan Karadžić and Slobodan Milošević, 20 December 1991 159 Annex 65: Letter of Dušan Smiljanić, 16 October 1994 161 Annex 66: Order of Mobilisation, SAO Krajina, 11 July 1991 166 Annex 67: Operations Report of “RSK”, 10 April 1995 166 Annex 68: Transcript of Conversation between Milan Martić and Goran Hadžić, 28 May 1993 167 Annex 69: Letter to Mr. Milošević from “RSK”, June 1993 168 Annex 70: Order of the Presidency of SFRY, 21 February 1992 169 VI Annex 71: the Official Record of the Conversation of the Representative of the Government of the Republic of the Serbian Krajina with President Slobodan Milošević, 12 November 1992 170 Annex 72: Resolution of the National Assembly of the “RSK”, 18 August 1994 171 Annex 73: Federal Secretariat for National Defence, Instruction on Accepting Volunteers into the Yugoslav People’s Army (JNA), 13 September 1991 172 Annex 74: Federal Secretariat for National Defence Order 10 December 1991 175 Annex 75: the Commands of the First Military Region, 10 March 1992 178 Annex 76: Commands of the 1st Brigade of the Territorial Defence, 19 May 1992 179 Annex 77: Letter from the Republic of Serbia, 11 December 1991 180 Annex 78: Letter from the Republic of Serbia Regarding Funds, 8 February 1992 180 Annex 79: Decision of the Federal Ministry of Defence of the FRY, 30 September 1993 181 Annex 80: Request for Financial Support Made by the “RSK”, 22 November 1994 181 Annex 81: Request To FRY for fuel by the “RSK” 182 Annex 82: Letter of Consent for Arkan’s “Tigers” for the “Defence” of Petrinja, 25 November 1991 183 Annex 83: Command of the 1st Operations Group, 19 October 1991 184 Annex 84: Order of Appointment of An JNA Officer As Commander of the T.O. of Krajina, 17 January 1992 185 Annex 85: the Command of the 2nd Lika’s Brigade, 12 November 1991 185 Annex 86: Order of Federal Secretariat for National Defence, 30 November 1991 186 Annex 87: Federal Secretariat for National Defence, Order for Mobilisation- Demobilisation, 12 March 1992 187 Annex 88: Federal Secretariat for National Defence Order 24 March 1992 192 Annex 89: Federal Secretariat for National Defence Order 28 April 1992 196 Annex 90: Headquarters of the Armed Forces of SFRY Order 11 May 1992 198 Annex 91: Extract of List of Yugoslav Army Personnel in the Army of “RSK” in 1993 200 VII Annex 92: Yugoslav Army Officers Seconded to the “RSK” in 1992 200 Annex 93: Yugoslav Army Officers Seconded to the “RSK” in 1993 201 Annex 94: Order for Transfer of Personnel 203 Annex 95: Federal Secretariat for National Defence Order Accepting Conscript Soldiers, 27 January 1993 205 Annex 96: Federal Secretariat for National Defence Decision 24 November 1991 206 Annex 97: Federal Secretariat for National Defence Decision 24 November 1991 207 Annex 98: Report of “SAO Krajina”, 12 September 1991 208 Annex 99: Report of To the Command of the 329th Armoured Brigade 209 Annex 100: Federal Secretariat for National Defence Order 25 July 1991 211 Annex 101: Decision of Appointment by “SAO Krajina”, 30 September 1991 212 Annex 102: the Command of the 1st Proletarian Guard Mechanised Division Order of 4 October 1991 213 Annex 103: Agreement between the JNA and Representatives of Ilok 14 October 1991 215 Annex 104: Order of the Chief of Staff of the Supreme Command of 19 November 1991 217 Annex 105: Command of the 1st Operations Group, Order 19 October 1991 218 Annex 106: Command of the 9th corps, 23 September 1991 219 Annex 107: Agreement Between the Official Delegates of the Republic of Croatia and the JNA, 22 November 1991 220 Annex 108: Order 224 Annex 109: Combat Report of the 8th Defence Garrison 31 March 1992 225 Annex 110: Federal Secretariat for National Defence Order 2 March 1991 226 Annex 111: Federal Secretariat for National Defence Order 12 March 1991 226 Annex 112: Federal Secretariat for National Defence Order 28 April 1992 232 Annex 113: Order of the Republic of the Serbian Krajina, 7 May 1992 233 Annex 114: Command of the 18th Corps 13 April 1993 235 Annex 115: Status 236 Annex 116: Refusal 237 Annex 117: “RSK’s” Request for Pilots and Air Crew 14 May 1994 238 VIII Annex 118: Letter from “RSK” to Mr.