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Supplemental Pre-Trial Brief of the Defence of Mićo Stanišić ______
IT-08-91-PT 3153 D3153 - D3107 31 July 2009 SF THEU INTERNATIONAL CRIMINAL TRIBUNAL FORU THE FORMER YUGOSLAVIA CaseU No. IT-08-91-PT INU THE TRIAL CHAMBERU Before: Judge Iain Bonomy, Presiding Judge Ole Bjørn Støle Judge Frederik Harhoff Registrar: Mr. John Hocking Date Filed: 31 July 2009 THE PROSECUTOR v. MIĆO STANIŠIĆ STOJAN ŽUPLJANIN PUBLIC CONFIDENTIAL ANNEXES A, B, and C ________________________________________________________________________ SUPPLEMENTAL PRE-TRIAL BRIEF OF THE DEFENCE OF MIĆO STANIŠIĆ ________________________________________________________________________ TheU Office of the ProsecutorU Mr. Thomas Hannis Ms. Joanna Korner QC CounselU for the AccusedU Mr. Slobodan Zečević and Mr. Slobodan Cvijetić for Mr. Mićo Stanišić Mr. Igor Pantelić for Mr. Stojan Župljanin 3152 SUPPLEMENTAL PRE-TRIAL BRIEF OF THE DEFENCE OF MIĆO STANIŠIĆ 1. At all times relevant to the indictment, Mr. Stanišić was the Minister of the Serbian Ministry of Internal Affairs in Bosnia and Herzegovina (“RS MUP”). He is charged under Article 7(1) of the Statute with committing – as a participant in a joint criminal enterprise (“JCE”) – instigating and aiding and abetting the crimes alleged in the indictment and under Article 7(3) of the Statute as a superior authority who failed to prevent or punish the crimes alleged in indictment. 2. Pursuant to Rule 65ter(F)(i) the Defence Pre-Trial Brief makes the following written statement setting out, in general terms, the nature of his defence: a. Mr. Stanišić never acted criminally nor did ever harbour or manifest any criminal intent. b. Legally and factually, there was no JCE as alleged by the Prosecution and Mr. Stanišić was never a part of any JCE or common plan to permanently remove Bosnian Muslims, Bosnian Croats, and other non-Serb from the territory of the planned Serbian state by means which included the commission of the crimes alleged in the indictment. -
Chapter VII: the Formation of the Republika Srpska and the Policy of Ethnic Separation in Bosnia and Herzegovina
UvA-DARE (Digital Academic Repository) The unfinished trial of Slobodan Milošević: Justice lost, history told Vrkić, N. Publication date 2015 Document Version Final published version Link to publication Citation for published version (APA): Vrkić, N. (2015). The unfinished trial of Slobodan Milošević: Justice lost, history told. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:06 Oct 2021 Why do you want to make Serbia and Serbs responsible for the war in Croatia and Bosnia and Herzegovina? ...[The international community] broke up Yugoslavia... and now they want all three peoples in Bosnia and Herzegovina to foot the bill... Slobodan Milošević, Opening Statement, 14 February -
STATE BUILDING in DEEPLY DIVIDED SOCIETIES BEYOND DAYTON in BOSNIA Sofia Sebastian Aparicio
STATE BUILDING IN DEEPLY DIVIDED SOCIETIES BEYOND DAYTON IN BOSNIA Sofia Sebastian Aparicio A Dissertation Submitted to the Department of Government of the London School of Economics in Fulfillment of the Degree of Doctor of Philosophy Department of Government London School of Economics October 2009 UMI Number: U615B05 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615B05 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 T tte B S q (9 0 ot Porttce1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. -
War in the Balkans, 1991-2002
WAR IN THE BALKANS, 1991-2002 R. Craig Nation August 2003 ***** The views expressed in this report are those of the author and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. Government. This report is cleared for public release; distribution is unlimited. ***** Comments pertaining to this report are invited and should be forwarded to: Director, Strategic Studies Institute, U.S. Army War College, 122 Forbes Ave., Carlisle, PA 17013-5244. Copies of this report may be obtained from the Publications Office by calling (717) 245-4133, FAX (717) 245-3820, or be e-mail at [email protected] ***** Most 1993, 1994, and all later Strategic Studies Institute (SSI) monographs are available on the SSI Homepage for electronic dissemination. SSI’s Homepage address is: http://www.carlisle.army.mil/ssi/ ***** The Strategic Studies Institute publishes a monthly e-mail newsletter to update the national security community on the research of our analysts, recent and forthcoming publications, and upcoming conferences sponsored by the Institute. Each newsletter also provides a strategic commentary by one of our research analysts. If you are interested in receiving this newsletter, please let us know by e-mail at [email protected] or by calling (717) 245-3133. ISBN 1-58487-134-2 ii CONTENTS Foreword . v Preface . vii Map of the Balkan Region. viii 1. The Balkan Region in World Politics . 1 2. The Balkans in the Short 20th Century . 43 3. The State of War: Slovenia and Croatia, 1991-92. -
Weighing the Evidence RIGHTS Lessons from the Slobodan Milosevic Trial WATCH December 2006 Volume 18, No
The Balkans HUMAN Weighing the Evidence RIGHTS Lessons from the Slobodan Milosevic Trial WATCH December 2006 Volume 18, No. 10(D) Weighing the Evidence Lessons from the Slobodan Milosevic Trial Executive Summary.................................................................................................. 1 Introduction .............................................................................................................5 Background..............................................................................................................7 Court Proceedings.............................................................................................10 Evidence ................................................................................................................ 14 Financial Assistance .........................................................................................16 Material Support...............................................................................................24 Arming of Bosnian and Croatian Serbs.........................................................25 JNA support............................................................................................25 Serbian Ministry of Defense ...................................................................28 Serbian Ministry of the Interior ...............................................................29 Association of Serbs and Emigrants of Serbia.........................................30 1992 formation of the SVK and VRS..............................................................32 -
HSC Background Paper
HSC Historical Security Council Committee: United Nations Historic Security Council (HSC) Topic: The Siege of Sarajevo (February 1994) Written by: Camila Mota and Martha Sofía Marroquín I. Committee Background The United Nations Security Council (UNSC) was founded in 1945. It is one of the six principal organs of the United Nations (UN). It was established to “maintain international peace and security” and “investigate any dispute or situation which might lead to international friction.” The UNSC is unique as it is the only body within the UN system with the power to issue binding resolutions to member states. Moreover, it also has the authority to establish peacekeeping operations and enact international sanctions (Functions and Powers, UN, 2020). The committee consists of five permanent members (China, France, the Soviet Union, the United Kingdom and the United States) and ten non-permanent members that are elected every two years (Procedures, UN, 2020). The permanent members of the committee possess a special veto power as a method of blocking decisions on all substantive matters (Charter, UN, 2020). II. Topic Information The committee has its start date in February 1994. The use of information following the designated date is forbidden. A. History of the Topic The Socialist Federal Republic of Yugoslavia was established at the end of the Second World War. The country consisted of six socialist republics, Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia, and Slovenia, as two autonomous provinces, Kosovo and Vojvodina. For decades the country’s communist leadership struggled to contain ethnic and religious divisions, which were primarily between Muslim Bosniaks, Orthodox Serbs and Catholic Croats (HRW, 2004). -
Genocide in Bosnia-Hercegovina: a Very Short History
Genocide in Bosnia-Hercegovina: A Very Short History Thomas White | Cohen Center for Holocaust and Genocide Studies |Keene, New Hampshire| [email protected] Hikmet Karčić | Institute for Islamic Tradition of Bosniaks | Sarajevo, Bosnia-Herzegovina | [email protected] Overview In 1990, as Yugoslavia collapsed, the first multiparty elections were held. These elections created nationalist parties intent on perpetuating ethno-national identities and causes. By 1992, war was being imposed through Serbian and Croatian nationalists seeking to expanded into “greater” national territory. In the coming years the perpetrators of “ethnic cleansing,” displacement, mass atrocity, and genocide, were rewarded by the international community at the Dayton Accords in 1995. Dayton ended the war, but then imposed an ethno-nationalistic portioned Bosnia. A “tycoon class” of nationalist leaders continues to enrich themselves through corruption supported by poverty, fear, insecurity, and the promotion of divisive ethnic identities. The hate didn’t exist before; it was artificially installed. It was all so unbelievable that at first, it seemed funny…The emphasis on ethnicity and exclusion was so strong that ethnic hatred became normalized…There is also the ideology of religion and nationality…Never has there been more religion and less faith…National and religious identities are openly used as weapons in the political arsenal.” – Vedran Grahovac, Prijedor1 Denial of Bosnian genocide is rooted in Serb and Croat religious nationalism and Islamophobia. Unresolved and manipulated memory continue to haunt the Balkans. It is a fundamental mistake, however, to accept the narrative of “Balkanization” as an intractable “truth” of people living here. Balkanization implies that people are separated by exclusive group identities that make them prone to war and to live in perpetual hostility. -
Counter-Memorial
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. SERBIA) COUNTER-MEMORIAL SUBMITTED BY THE REPUBLIC OF SERBIA Volume I December 2009 1 2 TABLE OF CONTENTS Part I CHAPTER I INTRODUCTION 1. The Procedural History .......................................................................................... 11 2. The Real Reasons for the Institution of Proceedings against the FRY .............. 15 3. Further Developments between the Parties .......................................................... 17 4. Summary of Issues and Structure of the Counter-Memorial ............................. 19 CHAPTER II THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE 1. Introduction ............................................................................................................. 23 2. Genocide Convention in Brief ................................................................................ 24 3. Obligations Imposed by the Convention on the Contracting Parties ................ 25 4. Mental Element (Mens Rea) ................................................................................... 26 5. Physical Elements (Actus Reus) ............................................................................. 40 6. Other Acts Prohibited by Article III of the Genocide Convention .................... 44 7. Obligation to Prevent and to Punish ..................................................................... 53 CHAPTER III QUESTIONS -
The Role of the Military in Politics : Yugoslavia As a Case Study
The Role of the Military in Politics: Yugoslavia As A Case Study Milorad Manojlovic B.A., Simon Fraser University, 1995 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in the Department of Political Science O Milorad Manojlovic SIMON FRASER UNIVERSJTY AUGUST 1997 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. National Library Bibliothbque nationale *I of Canada du Canada Acquisitions and. Acquisitions et Bibliographic Services servlces bibliographiques 395 Welhngton Street 395. rue Well~ngtm ' ottawaON K~AO~ Ottawa ON KIA ON4 Canada Canada You? hk Vorre reterena, Our hle Norre reference The author has granted a non- L'auteur a accorde un'e licence non exclusive licence allowing the exclusive permettant la National Library of Canada to Bibliotheque nationale du Canada d~ reproduce, loan, distribute or sell reproduire, preter, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la forme de microfiche/film, de reproduction sur paper ou sur format electronique. The author retams ownership of the L'auteur conserve la propnete du copyr~ghtin hsthesis. Neither the droit d'auteur qui protege cette these. thesis nor substantial extracts from it Ni la these 111 des extraits substantiels may be printed or otherwise de celle-ci ne doivent &e imprirnes reproduced without the author's ou autrement reproduits sans son permission. autorisation. APPROVAL Name: Mlorad Manojlovic Degree: Master of Arts (Political Science) Title of Thesis: The Role of the Military in Politics: Yugoslavia as a Case Study Examining Committee: Chair: Dr. -
ICTY Prosecutor V. Momcilo Perisic
International Tribunal for the Prosecution of Persons Case: IT-00-39-T Responsible for Serious Violations of International Humanitarian Law Date: 27 September 2006 UNITED Committed in the Territory of the NATIONS Former Yugoslavia since 1991 Original: English TRIALU CHAMBER I Before: Judge Alphons Orie, Presiding Judge Joaquín Martín Canivell Judge Claude Hanoteau Registrar: Mr Hans Holthuis Judgement of: 27 September 2006 PROSECUTOR v. MOMČILO KRAJIŠNIK _________________________________________________________________________ JUDGEMENT _________________________________________________________________________ OfficeU of the Prosecutor Mr Mark Harmon Mr Alan Tieger Mr Stephen Margetts Mr Fergal Gaynor Ms Carolyn Edgerton Ms Katrina Gustafson DefenceU Counsel Mr Nicholas Stewart, QC Mr David Josse Prosecutor v. Momčilo Krajišnik Preliminary ContentsU General abbreviations 6 1. Introduction and overview 9 1.1 The Accused 9 1.2 Indictment 10 1.3 Bosnia-Herzegovina: geography, population, history 12 1.4 Structure of judgement 14 2. Political precursors 16 2.1 Political developments, 1990 to early 1991 16 2.1.1 Creation of the SDS 16 2.1.2 Division of power among the coalition parties 17 2.2 Arming and mobilization of population 19 2.3 State of fear 24 2.4 Creation of Serb autonomous regions and districts 26 2.5 Creation of Bosnian-Serb Assembly 31 2.6 SDS Instructions of 19 December 1991 36 2.7 Proclamation of Bosnian-Serb Republic 43 2.8 Establishment of Bosnian-Serb Republic 50 3. Administration of Bosnian-Serb Republic 54 3.1 Bosnian-Serb -
Judgement Summary Trial Chamber
UNITED NATIONS International Residual Mechanism for Criminal Tribunals The International Residual Mechanism for Criminal Tribunals (“Mechanism”) was established on 22 December 2010 by the United Nations Security Council to continue the jurisdiction, rights, obligations and essential functions of the International Criminal Tribunal for Rwanda (“ICTR”) and the International Criminal Tribunal for the former Yugoslavia (“ICTY”) which closed in 2015 and 2017, respectively. JUDGEMENT SUMMARY TRIAL CHAMBER (Exclusively for the use of the media. Not an official document) The Hague, 30 June 2021 Judgement Summary for Prosecutor v. Jovica Stanišić and Franko Simatović Please find below the summary of the Judgement read out today by Judge Burton Hall 1. The Trial Chamber is sitting today to pronounce its Judgement in the case of Prosecutor v. Jovica Stanišić and Franko Simatović. I will read a summary of the Judgement, highlighting the Trial Chamber’s key findings. The written reasons for the Judgement will follow as soon as possible after the conclusion of the editorial process. This procedure is provided for in Rules 122(A) and (C). The written Judgement, when filed, will be the only authoritative version of the Judgement. 2. Before addressing the merits, I would like to express appreciation to those who have assisted us in bringing this case - which is being tried for a second time - to a close. We have received excellent support throughout this case from our court officers and reporters and the staff in language services, information technology, witness support and protection, detention, general services, and security. Your work was never easy and was made even more difficult as a result of the COVID-19 pandemic. -
Former Yugoslavia and Its Successors Mark Baskin and Paula Pickering in Sharon Wolchik and Jane Curry, Eds., Democracy, the Market and Back to Europe
Chapter 13: Former Yugoslavia and Its Successors Mark Baskin and Paula Pickering in Sharon Wolchik and Jane Curry, eds., Democracy, the Market and Back to Europe It is impossible to compress the story of the Socialist Federative Republic of Yugoslavia [SFRY] and its successor states into a neat and simple story of transition. Its succession twists and turns through pathways of war, reconstruction and reconstitution into national states – a process not yet completed. In this contentious tale, observers sharply differ on the sources of dissolution, the causes of war, and the current state and future prospects of the post-Yugoslav governments. 1 The tragedies that occurred are all the more painful since it seemed, in 1990, that the SFRY was on the verge of joining the European Community. It had long ago done away with many of the overtly repressive trappings of Central and East European socialism. Since the 1950s, Yugoslav leaders had been experimenting with liberalizing economic and political reforms, and Yugoslavia had been broadly integrated into international economic, political and cultural developments. Yugoslavia’s socialist regime was more open, transparent, and accepting of non-Marxist ideologies than any in Central and Eastern Europe. And since the 1960s, its citizens had massively enjoyed the opportunities to travel, study and work abroad. 2 Literature and culture forbidden in the east, from George Orwell’s 1984 to punk rock and neo-liberal economics, were long prominent in Yugoslav stores. By 1989, Yugoslav efforts to find a “third way” between western capitalism and Soviet socialism had clearly run into a dead end.