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Case Matrix Network Table of contents: 3. The perpetrator ordered a displacement of a civilian population. 3.1. The perpetrator ordered displacement. P.1. Evidence of issuing orders. P.1.1. Evidence of the perpetrator ordering or otherwise causing displacement to occur. P.1.2. Evidence of issuing orders prior to displacement. P.1.3. Evidence of the perpetrator supervising displacement. P.1.4. Evidence of the perpetrator procuring transportation for displacement. P.2. Evidence of different forms of issuing orders. P.2.1. Evidence of soldiers performing tasks, after speaking to officers. P.2.2. Evidence inferred from body language. P.2.3. Evidence of the perpetrator holding a supervisory role in an organization committing displacement. P.2.4. Evidence of re-issuing superior orders. P.2.5. Evidence of reading orders to inferiors. P.2.6. Evidence of a standing order. 3.2. The displacement involved a civilian population. P.3. Evidence of a large or sufficient number of persons to form a population. P.4. Evidence of the character of the population being of predominantly civilian nature. P.4.1. Evidence of persons who are civilians. P.4.2. Evidence of the presence of non-civilians the number of which is not large enough to deprive the population of its civilian character. P.4.3. Evidence of lack of uniforms. P.4.4. Evidence of not taking direct part in hostilities. Element: 3. The perpetrator ordered a displacement of a civilian population. 3.1. The perpetrator ordered displacement. P.1. Evidence of issuing orders. P.1.1. Evidence of the perpetrator ordering or otherwise causing displacement to occur. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 344, 352 ​ 353, 464: ​344. The Trial Record also indicates that General Krstić played a principal role in organising the buses for the evacuation throughout the day of 12 July 1995. A radio intercept, at 0735 hours on 12 July 1995, shows General Krstić ordering Lieutenant Colonel Krsmanovic, the Drina Corps Transport Officer, to procure 50 buses from Pale, Visegrad, Rogatica, Sokolac, Han Pijesak, Vlasenica, Milici, Bratunac and Zvornik.910 Later intercepts show Colonel Krsmanovic working throughout the day on the organisation of the buses.911 At 12:10, a conversation was intercepted in which General Krstić ordered Colonel Krsmanovic to start moving the buses9​ 12​ 27 Sep 2021 Page 1 of 10 ​910. P 435, Butler, T. 4827-4828 911. P 404 fn.130; and P 438. 912. P 440.​ ​352. As to the conduct of General Krstić while he was in Potocari, several witnesses testified to seeing General Krstić in and around the Potocari compound conferring with other high-ranking military officers,951 including General Mladic.952 It appeared to several of these witnesses that General Krstić, as well as the other officers, were giving orders to the soldiers.953 This conclusion was based on the witnesses​ observations of the body language and the comings and goings of the officers.954 Witness F said that the officers would speak to the soldiers and then the soldiers would go off and perform tasks.955 Due to language barriers, however, none of the Dutch Bat personnel could confirm the content of the conversations between General Krstić and the soldiers.​ ​951. Witness F, T. 1517-1518; Kingori, T. 1837-8, 1846; Franken, T. 2065. 952. Witness F, T. 1525; Kingori, T. 1848. 953. Kingori, T.1848, Witness F, T. 1523-1524. 954. Witness F, T. 1556. 955. Witness F, T. 1906, 1910.​ ​353. Nonetheless, it was clear to the UN and Dutch Bat observers that General Krstić and the other high ranking officers present in Potocari were: Witness F further said that the officers he saw, including General Krstić: ​956. Kingori, T. 1887. 957. Witness F, T. 1523-1524. See also Witness F, T. 1517.​ ​464. General Krstić ordered the procurement of buses for the transportation of the Bosnian Muslim population out of Potocari on 12 and 13 July 1995, issued orders to his subordinates about securing the road along which the busses would travel to Kladanj and he generally supervised the transportation operation (para. 347).​ [B. Evidentiary comment:] P.1.2. Evidence of issuing orders prior to displacement. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 148, 530: ​148. On 17 July 1995, in the face of growing international condemnation, Major Franken, the Deputy Commander of Dutch Bat, met with a VRS delegation to discuss the situation of wounded Bosnian Muslims in the area of the former enclave. During the meeting, he and the unofficial Bosnian Muslim representative Mr. Mandzic, who was also present, were told to sign a declaration specifying that the transfer of the Bosnian Muslim civilians from Potocari was voluntary, supervised and escorted by UNPROFOR and carried out by the VRS without any irregularities.319 ​When he testified before the Trial Chamber, Major Franken described his forced assent to the declaration as ​worthless​.321 In reality, he said General Mladic ​ordered the population to go to Kladanj, period​.322 General Krstić, during an interview with the OTP shortly after his arrest, acknowledged that it was a forced movement of the population, although he denied that he was involved.323​ ​319. P 47, Franken, T. 2054-2056, 2059-2062, Mandzic, T. 1007-1016. 320. Franken, T. 2062. 321. Franken, T. 2062. 322. Franken, T. 2060. 323. P 399, p. 32. During his testimony before the Trial Chamber, however, General Krstić maintained that the movement of the Bosnian Muslim women, children and elderly from Potocari was an ​evacuation​. Krstić, T. 6217 and 6295-6296.​ ​530. ​ The evacuation took place at the final stage of a campaign conducted to force the population to flee the enclave during a time when VRS troops were actively threatening and injuring the Bosnian Muslim civilians of Srebrenica.​ [B. Evidentiary comment:] 27 Sep 2021 Page 2 of 10 P.1.3. Evidence of the perpetrator supervising displacement. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, para. 353: ​353. Nonetheless, it was clear to the UN and Dutch Bat observers that General Krstić and the other high ranking officers present in Potocari were: Witness F further said that the officers he saw, including General Krstić: ​956. Kingori, T. 1887. 957. Witness F, T. 1523-1524. See also Witness F, T. 1517.​ [B. Evidentiary comment:] P.1.4. Evidence of the perpetrator procuring transportation for displacement. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, para. 344: ​344. The Trial Record also indicates that General Krstić played a principal role in organising the buses for the evacuation throughout the day of 12 July 1995. A radio intercept, at 0735 hours on 12 July 1995, shows General Krstić ordering Lieutenant Colonel Krsmanovic, the Drina Corps Transport Officer, to procure 50 buses from Pale, Visegrad, Rogatica, Sokolac, Han Pijesak, Vlasenica, Milici, Bratunac and Zvornik.910 Later intercepts show Colonel Krsmanovic working throughout the day on the organisation of the buses.911 At 12:10, a conversation was intercepted in which General Krstić ordered Colonel Krsmanovic to start moving the buses9​ 12​ ​910. P 435, Butler, T. 4827-4828 911. P 404 fn.130; and P 438. 912. P 440.​ [B. Evidentiary comment:] P.2. Evidence of different forms of issuing orders. P.2.1. Evidence of soldiers performing tasks, after speaking to officers. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, para. 352: ​352. As to the conduct of General Krstić while he was in Potocari, several witnesses testified to seeing General Krstić in and around the Potocari compound conferring with other high-ranking military officers,951 including General Mladic.952 It appeared to several of these witnesses that General Krstić, as well as the other officers, were giving orders to the soldiers.953 This conclusion was based on the witnesses​ observations of the body language and the comings and goings of the officers.954 Witness F said that the officers would speak to the soldiers and then the soldiers would go off and perform tasks.955 Due to language barriers, however, none of the Dutch Bat personnel could confirm the content of the conversations between General Krstić and the soldiers.​ ​951. Witness F, T. 1517-1518; Kingori, T. 1837-8, 1846; Franken, T. 2065. 952. Witness F, T. 1525; Kingori, T. 1848. 953. Kingori, T.1848, Witness F, T. 1523-1524. 954. Witness F, T. 1556. 955. Witness F, T. 1906, 1910.​ [B. Evidentiary comment:] P.2.2. Evidence inferred from body language. A. Legal source/authority and evidence: Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, para. 352: ​352. As to the conduct of General Krstić while he was in Potocari, several witnesses testified to seeing General Krstić in and 27 Sep 2021 Page 3 of 10 around the Potocari compound conferring with other high-ranking military officers,951 including General Mladic.952 It appeared to several of these witnesses that General Krstić, as well as the other officers, were giving orders to the soldiers.953 This conclusion was based on the witnesses​ observations of the body language and the comings and goings of the officers.954 Witness F said that the officers would speak to the soldiers and then the soldiers would go off and perform tasks.955 Due to language barriers, however, none of the Dutch Bat personnel could confirm the content of the conversations between General Krstić and the soldiers.​ ​951.
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