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Stakić’S Mens Rea for Persecution

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Stakić’S Mens Rea for Persecution UNITED NATIONS International Tribunal for the Case No. IT-97-24-T Prosecution of Persons Responsible for Serious Violations of Date: 31 July 2003 International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 Original: English IN TRIAL CHAMBER II Before: Judge Wolfgang Schomburg, Presiding Judge Volodymyr Vassylenko Judge Carmen Maria Argibay Registrar: Mr. Hans Holthuis Judgement of: 31 July 2003 PROSECUTOR v. MILOMIR STAKI] JUDGEMENT The Office of the Prosecutor: Ms. Joanna Korner Mr. Nicholas Koumjian Ms. Ann Sutherland Counsel for the Accused: Mr. Branko Luki} Mr. John Ostojic PURL: https://www.legal-tools.org/doc/32ecfb/ TABLE OF CONTENTS The Judgement has been divided into three main sections. The first section deals with the factual findings; the second with the role of Dr. Staki} in the events described in the factual findings; and the third with the individual criminal responsibility of Dr. Staki} for the crimes alleged. A summary of this Judgement may be found at the end of this document, after the divider. I. FACTUAL FINDINGS ..................................................................................................................1 A. THE ACCUSED..............................................................................................................................1 B. GENERAL PRELIMINARY OBSERVATIONS RELATED TO ALL FACTUAL FINDINGS..........................3 C. GENERAL BACKGROUND OF THE EVENTS IN PRIJEDOR IN 1992....................................................5 1. Political situation in Bosnia and Herzegovina.........................................................................5 2. Political developments in the Municipality of Prijedor before the 30 April 1992 takeover....8 D. THE TAKEOVER OF POWER IN PRIJEDOR ....................................................................................14 1. The takeover of power by Serbs in the Municipality of Prijedor on 29/30 April 1992.........14 2. After the takeover ..................................................................................................................19 (a) The general atmosphere in Prijedor municipality .................................................................. 19 (b) Prijedor municipality People’s Defence Council (National Defence Council) in the Municipality of Prijedor........................................................................................................ 19 (c) Prijedor Crisis Staff................................................................................................................ 21 (i) Establishment and membership .......................................................................................... 21 (ii) Competencies of the Crisis Staff ....................................................................................... 22 (iii) The “reporting centre”...................................................................................................... 23 (iv) Establishment of local crisis staffs.................................................................................... 24 (v) Transformation of the Crisis Staff into a War Presidency................................................. 25 (d) Developments leading up to an armed conflict in Prijedor municipality............................... 26 (i) The media ........................................................................................................................... 26 (ii) Mobilisation in Prijedor municipality................................................................................ 30 (iii) Strengthening of Serb armed forces in Prijedor municipality .......................................... 30 (iv) Disarming of paramilitary units and calls to surrender weapons...................................... 33 (v) Implementation of work obligation ................................................................................... 34 (vi) Dismissals of non-Serbs.................................................................................................... 35 (vii) Marking of non-Serb houses............................................................................................ 36 E. ACTS COMMITTED AGAINST NON-SERBS IN THE MUNICIPALITY OF PRIJEDOR...........................36 1. Armed attacks against the non-Serb civilian population .......................................................36 (a) Attack on Hambarine ............................................................................................................. 36 (b) Attack on Kozarac.................................................................................................................. 40 (c) Analysis of these two events .................................................................................................. 44 2. Detention facilities in the Prijedor municipality (based on allegations in paragraph 46 of the Indictment) ....................................................................................................................46 (a) The camps: Keraterm, Omarska and Trnopolje ..................................................................... 46 (i) Keraterm ............................................................................................................................. 47 (ii) Omarska (including the fate of Professor Muhamed ^ehaji}) .......................................... 48 (iii) Trnopolje .......................................................................................................................... 54 (b) Other detention facilities........................................................................................................ 57 (i) Prijedor JNA barracks......................................................................................................... 57 (ii) Miska Glava Community Centre....................................................................................... 57 (iii) SUP building in Prijedor................................................................................................... 58 PURL: https://www.legal-tools.org/doc/32ecfb/ I 3. Killings in the camps and detention facilities (based on allegations in paragraph 47 of the Indictment) ..........................................................................................................................58 (a) Benkova} barracks – 25 July 1992 ........................................................................................ 58 (b) Room 3 massacre at Keraterm camp – 24 July 1992............................................................. 58 (c) Prisoners killed in Keraterm camp – 24 July 1992 ................................................................ 60 (d) More than 100 prisoners killed in Omarska camp – July 1992 ............................................. 60 (e) 44 men and women killed on a bus from the Omarska camp – July 1992 ............................ 60 (f) 120 persons killed (Omarska camp)– 5 August 1992............................................................. 60 (g) A number of persons outside Manja~a camp – 6 August 1992 ............................................. 61 (h) Approximately 200 persons killed on the Vla{i} mountain convoy – 21 August 1992 ........ 61 (i) Conclusions on killings in the Omarska camp........................................................................ 63 (j) Keraterm camp – between 24 May and 5 August 1992.......................................................... 66 (k) Trnopolje camp – between 25 May and 30 September 1992................................................. 67 4. Interrogations, beatings and sexual assaults in the camps and detention facilities (based on allegations in paragraph 49 of the Indictment)....................................................................68 (a) Omarska camp........................................................................................................................ 68 (b) Keraterm camp....................................................................................................................... 69 (c) Trnopolje camp ...................................................................................................................... 71 (d) Miska Glava community centre ............................................................................................. 72 (e) Ljubija football stadium ......................................................................................................... 72 (f) Prijedor SUP ........................................................................................................................... 73 (g) Prijedor JNA barracks............................................................................................................ 73 5. Killings in Prijedor Municipality (based on allegations in paragraph 46 of the Indictment) 74 (a) Kozarac – May and June 1992............................................................................................... 74 (b) Mehmed Sahori}’s house, Kamicani – 26 May 1992............................................................ 74 (c) Hambarine – July 1992 .......................................................................................................... 74 (d) Ja{ki}i – 14 June 1992 (withdrawn) ...................................................................................... 75 (e) Bi{}ani – July 1992................................................................................................................ 75 (f) ^arakovo – July 1992............................................................................................................
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