DOCSLIB.ORG

United Nations

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

UNITED NATIONS International Tribunal for the Case No. IT-03-68-T Prosecution of Persons Responsible for Serious Violations of Date: 30 June 2006 International Humanitarian Law Committed in the Territory of Original: English Former Yugoslavia since 1991 IN TRIAL CHAMBER II Before: Judge Carmel Agius, Presiding Judge Hans Henrik Brydensholt Judge Albin Eser Registrar: Mr. Hans Holthuis Judgement of: 30 June 2006 PROSECUTOR v. NASER ORIĆ JUDGEMENT The Office of the Prosecutor: Mr. Jan Wubben Ms. Patricia Viseur Sellers Mr. Gramsci Di Fazio Ms. JoAnne Richardson Mr. José Doria Counsel for the Accused: Ms. Vasvija Vidović Mr. John Jones Case No.: IT-03-68-T 30 June 2006 CONTENTS I. INTRODUCTION 1 A. THE ACCUSED 1 B. SUMMARY OF THE CHARGES 2 1. Charges of Murder and Cruel Treatment 2 2. Charges of Wanton Destruction 3 II. GENERAL CONSIDERATIONS REGARDING EVALUATION OF THE EVIDENCE 5 A. GENERAL MATTERS REGARDING THE ADMISSION OF EVIDENCE 5 B. AUTHENTICITY OF EXHIBITS 8 1. Prosecution Objections to the Admission of Documents Tendered by the Defence 9 2. Defence Objections to the Admission of Documents Tendered by the Prosecution 9 (a) Objections Based on Lack or Insufficient Chain of Custody 9 (b) Objections to Exhibits Which Have not Been Presented to any Witness 11 (c) Objections Based on the Nature of the Document 11 i. Computer Files 11 ii. ‘Combat Action Information Sheets’ from the ABiH 2nd Corps 12 (d) Objections Based on the Source of the Document 12 i. Documents Provided by the Republika Srpska Liaison Office 12 ii. Documents Provided by Republika Srpska Bureau for Co-operation With the Tribunal 13 iii. Documents From the Sokolac Collection 14 iv. Documents From the Impeached Banja Luka Source 17 v. Documents Provided by the ‘Law Projects Centre’ in Belgrade 17 vi. Documents From the Republika Srpska OBS Source 18 vii. Documents Provided by the Dutch Institute of War Documentation and the Dutch Evangelical Church 19 (e) Objections Based on Intrinsic Factors 21 i. Exhibit P84 21 ii. Exhibits P328 and P329 21 iii. Exhibits P598 and P598.1 23 (f) The Findings of Handwriting and Signature Experts 24 C. ALLEGATIONS OF NON-COMPLIANCE WITH PROSECUTORIAL OBLIGATIONS UNDER RULE 68 OF THE RULES 29 1. Non-Disclosure of Documents Relating to Nurif Rizvanović 29 2. General Conclusions on Rule 68 30 III. GENERAL OVERVIEW 31 A. BACKGROUND TO THE CONFLICT IN BOSNIA AND HERZEGOVINA 31 1. Events Leading to the Independence of Bosnia and Herzegovina 31 2. The Plan to Create a New Serbian State 32 3. Outbreak of Armed Conflict in Bosnia and Herzegovina 33 B. SREBRENICA AREA: THE SPECIFIC POLITICAL, MILITARY AND HUMANITARIAN CONTEXT OF THE CASE 34 1. General Information 34 2. The Rise of Tensions in the Srebrenica Area 35 3. The Takeover of Srebrenica by Bosnian Serb Forces and its Recapture by Bosnian Muslims 38 4. Srebrenica Under Siege 38 (a) The Military Situation in and Around Srebrenica 38 (b) The Humanitarian Situation in and Around Srebrenica 40 (i) The Influx of Refugees 40 i Case No.: IT-03-68-T 30 June 2006 (ii) The Shortage of Food and Shelter 42 (iii) Medical, Hygienic and Other Living Conditions 43 (c) The Re-establishment of Authorities in Srebrenica 43 (d) The Arrival of UNPROFOR in the Area 44 5. Srebrenica as a ‘Safe Area’ 44 IV. STRUCTURE OF SREBRENICA MILITARY AND CIVILIAN AUTHORITIES 46 A. ESTABLISHMENT OF THE ARMED FORCES OF BOSNIA AND HERZEGOVINA 46 1. National Level 46 2. Regional Level 48 B. THE BOSNIAN MUSLIM FORCES IN THE SREBRENICA AREA 49 1. Characteristics 49 2. Evolution of Bosnian Muslim Forces in the Srebrenica Area 52 (a) From the Srebrenica TO Staff to the Srebrenica Armed Forces Staff 52 (b) Attempts at Joining the Forces in Eastern Bosnia 56 (i) The Establishment and Development of the Sub-region 56 (ii) Nurif Rizvanović and the Drina Division 57 (c) A Geographically Dispersed Command Structure 59 (i) Heterogeneity of the Bosnian Muslim Local Fighting Groups in Eastern Bosnia 59 (ii) Parallel Existence of a Srebrenica Municipal TO Staff in Tuzla 66 (d) Military Authority in Srebrenica After Demilitarisation 66 3. Military Police 68 (a) The Creation of Military Police Units on the Republic and Regional Level 68 (b) Jurisdiction of the Military Police 69 (c) The Srebrenica Military Police 70 (i) Organisation of the Srebrenica Military Police 70 (ii) Activities of the Srebrenica Military Police Between July 1992 and March 1993 71 4. Communications 73 (a) Overview 73 (b) Relevant Structures 74 (c) Communications Within Srebrenica 75 (d) Communications Beyond Srebrenica 76 (e) Conclusion 77 5. Conclusion With Regard to the Structure of the Military Authorities in Srebrenica Before Demilitarisation 78 C. STRUCTURE OF THE CIVILIAN AUTHORITIES IN SREBRENICA 78 1. War Presidency of the Srebrenica Municipality 78 (a) Establishment and Composition 78 (b) Functioning 80 2. Civilian Police 81 D. JUDICIAL SYSTEM 82 1. Applicable Law 82 2. Court Structure in the SFRY 84 3. Court Structure in the Srebrenica Area Between April 1992 and July 1995 85 (a) April to September 1992 85 (b) September 1992 to June 1993 85 (i) Military Courts 85 (ii) Civilian Courts 87 (c) June to December 1993 89 (d) January 1994 to February 1995 90 (e) February to June 1995 90 E. RELATIONSHIP BETWEEN THE MILITARY AND THE CIVILIAN AUTHORITIES 91 V. JURISDICTION UNDER ARTICLE 3 OF THE STATUTE 93 ii Case No.: IT-03-68-T 30 June 2006 A. THE LAW 93 1. Preliminary Requirements 93 2. The Four Tadić Conditions 95 3. Additional Requirement Under Common Article 3 95 B. FINDINGS 95 1. Preliminary Requirements 95 2. The Four Tadić Conditions 96 3. Additional Requirement Under Common Article 3 97 C. CONCLUSION 97 VI. INDIVIDUAL CRIMINAL RESPONSIBILITY: THE LAW 98 A. RESPONSIBILITY UNDER ARTICLE 7(1) OF THE STATUTE 98 1. Instigation 99 (a) Actus Reus 99 (b) Nexus Between the Instigation and the Principal Crime 101 (c) Mens Rea 102 2. Aiding and Abetting 104 (a) Actus Reus 104 (b) Nexus Between Aiding and Abetting and the Principal Crime 107 (c) Mens Rea 108 B. RESPONSIBILITY UNDER ARTICLE 7(3) OF THE STATUTE 110 1. Nature and Elements of ‘Superior Criminal Responsibility’ 111 2. Scope of the ‘Principal Crime’ 112 3. ‘Superior-Subordinate Relationship’ 117 4. Mens Rea - ‘Knew or had Reason to Know’ 120 (a) Actual Knowledge 121 (b) Imputed Knowledge 122 5. ‘Failure to Prevent or Punish’ 125 (a) Two Distinct Duties 125 (b) Necessary and Reasonable Measures to Prevent 126 (c) Necessary and Reasonable Measures to Punish 129 (d) Position of the Parties 132 6. Relationship Between a Superior’s Failure and Subordinates’ Crimes 132 C. THE RELATIONSHIP OF RESPONSIBILITY UNDER ARTICLES 7(1) AND 7(3) OF THE STATUTE 133 VII. CHARGES AND FINDINGS WITH REGARD TO MURDER (COUNT 1) AND CRUEL TREATMENT (COUNT 2) 137 A. THE LAW 137 1. Murder 137 2. Cruel Treatment 138 B. THE FACTS AND FINDINGS 139 1. Introduction 139 2. General Conditions at the Srebrenica Detention Facilities 140 (a) Preliminary Remark 140 (b) Srebrenica Police Station 141 (c) Building Behind the Municipal Building 142 (i) General 142 (ii) Male Cell 143 (iii) Female Cell 144 (d) The Srebrenica Hospital 145 3. Murder 145 (a) Incident at the Srebrenica Police Station in September 1992: Dragutin Kukić 145 iii Case No.: IT-03-68-T 30 June 2006 (b) Incidents at the Building Behind the Municipal Building Between 6 February 1993 and 20 March 1993 147 (i) Jakov Đokić 147 (ii) Dragan Ilić 149 (iii) Milisav Milovanović 150 (iv) Kostadin Popović 151 (v) Branko Sekulić 153 4. Cruel Treatment 154 (a) Incidents at the Srebrenica Police Station in September and October 1992 154 (i) Nedeljko Radić 154 (ii) Slavoljub Žikić 156 (iii) Zoran Branković 158 (iv) Nevenko Bubanj 159 (v) Veselin Šarac 160 (b) Incidents at the Srebrenica Police Station and the Building Behind the Municipal Building Between December 1992 and March 1993 161 (i) Ilija Ivanović 161 (ii) Ratko Nikolić 163 (iii) Rado Pejić 165 (iv) Stanko Mitrović 167 (v) Mile Trifunović 168 C. INDIVIDUAL CRIMINAL RESPONSIBILITY OF THE ACCUSED 169 1. Superior-Subordinate Relationship 169 (a) Submissions 169 (b) Whether Members of the Srebrenica Military Police Bear Responsibility for the Crimes of Murder and Cruel Treatment 170 (i) Identity of the Direct Perpetrators 170 (ii) Identity of the Detaining Force 171 (iii) Responsibility of the Srebrenica Military Police 173 a. September-October 1992 174 b. December 1992-March 1993 175 c. Conclusion as to the Responsibility of the Srebrenica Military Police 175 (c) Whether the Accused Effectively Controlled the Srebrenica Military Police 176 (i) Prior to 14 October 1992 177 (ii) The Reorganisation of the Srebrenica Military Police in October and November 1992 178 (iii) After 27 November 1992 180 a. The Role of Hamed Salihović 181 b. The Role of Osman Osmanović 182 c. The Role of Ramiz Bećirović 183 d. The Role of Zulfo Tursunović 184 e. Analysis 185 i. Whether Hamed Salihović, Osman Osmanović, Ramiz Bećirović and Zulfo Tursunović Exercised Effective Control Over the Srebrenica Military Police 185 ii. Whether the Accused Exercised Effective Control Over Osman Osmanović and Ramiz Bećirović 187 iii. Other Considerations Regarding a Superior-Subordinate Relationship With the Accused 188 (d) Conclusion as to the Existence of a Superior-Subordinate Relationship 188 2. Actual or Imputed Knowledge 189 (a) Submissions 189 (b) Actual or Imputed Knowledge of Murder and Cruel Treatment at the Srebrenica Police Station in September and October 1992 190 (c) Murder and Cruel Treatment at the Srebrenica Police Station and at the Building Behind the Municipal Building Between December 1992 and March 1993 192 iv Case No.: IT-03-68-T 30 June 2006 (i) Actual Knowledge 192 (ii) Imputed Knowledge 194 (d) Conclusion as to Actual or Imputed Knowledge 197 3.
Recommended publications
  • Miroslav Deronjic, “Bearing in Mind His Genuine Remorse Expressed on Numerous Occasions During His Contacts with OTP Investigators”.521

    Miroslav Deronjic, “Bearing in Mind His Genuine Remorse Expressed on Numerous Occasions During His Contacts with OTP Investigators”.521

    Case No.: IT-02-61-S 30 March 2004 UNITED NATIONS International Tribunal for the Case No. IT-02-61-S Prosecution of Persons Responsible for Serious Violations of Date: 30 March 2004 International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 Original: English IN TRIAL CHAMBER II Before: Judge Wolfgang Schomburg, Presiding Judge Carmel A. Agius Judge Florence Ndepele Mwachande Mumba Registrar: Mr. Hans Holthuis Judgement of: 30 March 2004 PROSECUTOR v. MIROSLAV DERONJI] SENTENCING JUDGEMENT The Office of the Prosecutor: Mr. Mark B. Harmon Counsel for the Accused: Mr. Slobodan Cvijeti} Mr. Slobodan Ze~evi} Case No.: IT-02-61-S 30 March 2004 CONTENTS I. INTRODUCTION ................................................................................................................................ 1 II. THE ACCUSED.................................................................................................................................. 2 III. PROCEDURAL HISTORY ............................................................................................................. 4 A. OVERVIEW OF THE PROCEEDINGS ....................................................................................................... 4 B. PLEA AGREEMENT .............................................................................................................................. 6 C. TESTIMONY OF THE ACCUSED............................................................................................................. 7 D. SENTENCING HEARING
  • JUDGEMENT SUMMARY TRIAL CHAMBER (Exclusively for the Use of the Media

    JUDGEMENT SUMMARY TRIAL CHAMBER (Exclusively for the Use of the Media

    JUDGEMENT SUMMARY TRIAL CHAMBER (Exclusively for the use of the media. Not an official document) United Nations The Hague, 30 June 2006 Nations Unies PROSECUTOR V. NASER ORIĆ SUMMARY OF JUDGEMENT International Please find below the summary of the judgement today read out by Judge Agius: Criminal Tribunal for the former Introduction Yugoslavia Tribunal Pénal Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia is sitting today to International pour deliver its Judgement in the trial of Naser Orić. l’ex-Yougoslavie This case deals with crimes of murder and cruel treatment of prisoners and of wanton destruction of cities, towns or villages alleged to have happened in Srebrenica in 1992 and 1993 for which the Accused was indicted on 13 March 2003. The Accused stood trial for the following charges: first, under COUNT 1, he is charged with individual criminal responsibility under Article 7(3) of the Statute of the Tribunal (“Statute”) for murder as a violation of the laws or customs of war pursuant to Article 3 of the Statute. Under COUNT 2, the Accused is charged with individual criminal responsibility under Article 7(3) of the Statute for cruel treatment as a violation of the laws or customs of war pursuant to Article 3 of the Statute. The Prosecution never alleged that these crimes of murder and cruel treatment were committed by the Accused, but only accused him pursuant to Article 7(3) of the Statute as being responsible for these crimes committed by his subordinates whilst he was holding a position of superior authority.
  • Court of Bosnia and Herzegovina O O Indictment

    Court of Bosnia and Herzegovina O O Indictment

    Sud £¡H / Cyfl GnX Kfivicno cdjeljenje ¡ Apelaciono odjeljenj«/ KpMBKSHo cftjejo€hbe K Ane/ia^hoHO OAfefbert* Odjcl I i Oc je III / Ofljs/i I * Ofl|»/i II Odsjek za sudsfcu upravu/Oflejes 33 cy/^cicy ynpsoy BOSNIA AND HERZEGO PROSECUTOR'S OFFICE OF BIH fflGWJ) U^/vfA q^ SARAJEVO Number: KT-RZ-10/05 Sarajevo, 12 December 2005 COURT OF BOSNIA AND HERZEGOVINA - Preliminary Hearing Judge - Pursuant to Article 35 (2) (h) and Article 226 (1) of the Criminal Procedure Code of BiH, I hereby issue the O INDICTMENT AGAINST: 1. STUPAR MILOS, a.k.a. "MISO", son of Slavojka (maiden name Ninic), born 7 December 1963 in TiSci, Sekovici where he is holding permanent residence, of Serb ethnicity, citizen of BiH, police officer, married, father of four children, served the Army in 1982 in Nis, average financial situation, with no previous conviction, criminal proceedings are being conducted against him for a criminal offence of light bodily injury, currently under custody by the Decision of the Court of BiH number: X-KRN-05/25 to last until 22 December 2005 at 11:00 hrs, 2. TRIFUNOVlt MILENKO, a.k.a "COP", son of Ivan and Milojka Obradovic, O born 7 January 1968 in the village of Kostolomci, Srebrenica Municipality, residing in Skelani bb in his private house, of Serb ethnicity, citizen of BiH, JMBG: 0701967183154, trader, unemployed, completed Vocational Trade School, married, father of two minor children, expecting a newborn child, served the Army in 1987 in Pec and Prizren, with no military rank or medal, registered in military records of Srebrenica, indigent financial situation, no other criminal proceedings are being conducted against him, with no previous conviction, currently under custody by the Decision of the Court of BiH to last until 22 December 2005 at 11:00 hrs, 3.
  • Internet Address: Press

    Internet Address: Press

    Press Release . Communiqué de presse (Exclusively for the use of the media. Not an official document) United Nations REGISTRY Nations Unies GREFFE The Hague, 11 April 2003 J.L./ P.I.S. / 745e ARREST AND TRANSFER OF NASER ORI] International Criminal Tribunal for the former On Thursday 10 April 2003, SFOR forces arrested Naser Ori} in Tuzla, Bosnia and Yugoslavia Herzegovina. The accused was transferred to the Detention Unit of the International Criminal Tribunal Pénal Tribunal for the former Yugoslavia the following day. International pour l’ex-Yougoslavie The Indictment against Naser Ori} was confirmed on 28 March 2003. According to the Indictment, Naser Ori} (born on 3 March 1967 in Poto~ari, municipality of Srebrenica, Bosnia and Herzegovina) was the Commander of the forces of the Army of Bosnia and Herzegovina (ABiH) in the Srebrenica area in Eastern Bosnia and Herzegovina. The Indictment states that, “by virtue of his position and authority as Commander, Naser Ori} commanded all units that were operating within his area of his responsibility. This includes all units involved in combat activities in the municipality of Srebrenica and Bratunac, in particular the combat activities in Rupovo Brdo on 10 June 1992, Ratkovi}i on 21 and 27 June 1992, Je`estica on 8 August 1992, Fakovi}i on 5 October 1992, Bjelovac between 14 and 19 December 1992 and Kravica on 7 and 8 January 1993 and all units including the Military Police involved in the detention and custody of Serb individuals in Srebrenica ”. The Indictment alleges that, between 24 September 1992 and 20 March 1993, members of the Military Police under the command and control of Naser Ori} detained several Serb individuals in the Srebrenica Police Station and in the building behind the Srebrenica Municipal Building.
  • Hate Crimes and Bias-Motivated Incidents in Bosnia and Herzegovina: 2015 Monitoring Findings of the OSCE Mission to Bosnia and Herzegovina

    Hate Crimes and Bias-Motivated Incidents in Bosnia and Herzegovina: 2015 Monitoring Findings of the OSCE Mission to Bosnia and Herzegovina

    Hate Crimes and Bias-Motivated Incidents in Bosnia and Herzegovina: 2015 Monitoring Findings of the OSCE Mission to Bosnia and Herzegovina 16 November 2016 Table of Contents Introduction ................................................................................................................................ 3 1. Legislative Developments ............................................................................................... 4 2. Collection of Data/Statistical Information ...................................................................... 4 3. Overview of Incidents and Authorities’ Responses ........................................................ 5 3.1. Judicial Cases ............................................................................................................. 5 3.2. Instances of Incidents in 2015 .................................................................................. 7 3.3 Key Findings ............................................................................................................. 10 3.4 Responses .................................................................................................................. 11 4. Governmental and Non-governmental Initiatives to Combat Hate Crimes .................. 12 4.1. Governmental Initiatives ........................................................................................ 12 4.2. Non-governmental Initiatives ................................................................................. 12 4.3. Social Media Outreach ...........................................................................................
  • United Nations Judgement

    United Nations Judgement

    UNITED NATIONS International Tribunal for the Case No. IT-02-60-T Prosecution of Persons Responsible for Serious Violations of Date: 17 January 2005 International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 Original: English IN TRIAL CHAMBER I, SECTION A Before: Judge Liu Daqun, Presiding Judge Volodymyr Vassylenko Judge Carmen Maria Argibay Registrar: Mr. Hans Holthuis Judgement of: 17 January 2005 PROSECUTOR v. VIDOJE BLAGOJEVI] DRAGAN JOKI] JUDGEMENT The Office of the Prosecutor: Mr. Peter McCloskey Mr. Stefan Waespi Ms. Antoinette Issa Mr. Milbert Shin Mr. Salvador Viada Counsel for the Accused: Mr. Michael Karnavas and Ms. Suzana Tomanovi} for Vidoje Blagojevi} Mr. Miodrag Stojanovi} and Mr. Branko Lukić for Dragan Joki} Case No.: IT-02-60-T 17 January 2005 CONTENTS I. INTRODUCTION..........................................................................................................................1 A. VIDOJE BLAGOJEVIĆ ....................................................................................................................1 1. The Accused.............................................................................................................................1 2. Overview of the Case against Vidoje Blagojević ....................................................................2 B. DRAGAN JOKIĆ.............................................................................................................................4 1. The Accused.............................................................................................................................4
  • Inferences, Intent, and the Necessity to Redefine Genocide

    Inferences, Intent, and the Necessity to Redefine Genocide

    Emory International Law Review Volume 31 Issue 2 2017 The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide Milena Sterio Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Milena Sterio, The Karadžić Genocide Conviction: Inferences, Intent, and the Necessity to Redefine Genocide, 31 Emory Int'l L. Rev. 271 (2017). Available at: https://scholarlycommons.law.emory.edu/eilr/vol31/iss2/2 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. STERIO GALLEYSPROOFS2 2/20/2017 2:13 PM THE KARADŽIĆ GENOCIDE CONVICTION: INFERENCES, INTENT, AND THE NECESSITY TO REDEFINE GENOCIDE Milena Sterio* INTRODUCTION In March 2016, the International Criminal Tribunal for the Former Yugoslavia (ICTY) convicted former Bosnian Serb leader, Radovan Karadžić, of genocide and crimes against humanity and sentenced him to forty years imprisonment.1 In particular, Karadžić was found guilty of genocide in Srebrenica, the persecution of Bosnians and Croats throughout Bosnia and Herzegovina, terrorizing the population of Sarajevo, and taking United Nations (U.N.) peacekeepers hostage.2 According to the ICTY Trial Chamber verdict, the crimes were committed as part of four joint criminal enterprises (JCE) in which Karadžić was a protagonist.3 In July 2016, Karadžić announced, through his defense counsel, that he would appeal the verdict on the ground that he did not get a fair trial—according to Karadžić’s attorney, Peter Robinson, “[t]he trial chamber considered him guilty in advance and then constructed the verdict to justify its presumption.”4 Robinson also stated that “[t]he chamber concluded [Karadžić] had an intention to kill the captives from Srebrenica on the basis of its interpretation of a coded telephone conversation.
  • Mapa Katastarskih Opština Republike Srpske

    Mapa Katastarskih Opština Republike Srpske

    Mapa katastarskih opština Republike Srpske Donja Gradina Čuklinac Glavinac Kostajnica Petrinja Mlinarice Draksenić Babinac Bačvani Tavija Demirovac Suvaja KOSTAJNICA Jošik Vrioci Međeđa Mrakodol Gornja Johova Komlenac Orahova Slabinja Grdanovac Ševarlije Donja Slabinja Kozarska Kozarska Verija Dubica 1 Dubica 2 Mrazovci Bok Gumnjani Klekovci Jankovac Tuključani Gašnica Kalenderi Podoška Pobrđani Dobrljin Mraovo Dizdarlije Jasenje Parnice Novoselci Gunjevci Polje Hadžibajir Ličani Mačkovac Čelebinci Aginci Sključani Božići Donje Gradiška 1 Orubica Kuljani Sreflije Bistrica Kozinci Pobrđani Veliko KOZARSKA DUBICA Čitluk Dvorište Brekinje Bijakovac Greda Gornje Furde Ušivac Pucari Gornja Dolina Vodičevo Malo Bosanski Brod Vlaškovci Jelovac Čatrnja Brestovčina Donje Vodičevo Dvorište Gradiška 2 Kadin Novo Selo Bjelajci Donja Dolina Poloj Sovjak Gaj Strigova Međuvođe Gornje Jablanica Trebovljani Murati Mirkovci Vlaknica Ravnice Odžinci Sreflije Liskovac Dumbrava Miloševo Brdo Žeravica Laminci Jaružani Cerovica Vrbaška Bardača Močila Križanova Laminci Sijekovac Donja Gornja Rakovica Bukovac Laminci Brezici Srednji Srbac Selo Gradina Močila Gornja Prusci Hajderovci Brusnik Čikule Kolibe Donje Velika Lješljani Donji Jelovac Bajinci Gornjoselci Mala Žuljevica Kriva Rijeka Sjeverovci Srbac Mjesto Kaoci Žuljevica Maglajci Koturovi Lužani Grabašnica Jutrogošta Laminci Dubrave Dugo Polje Vojskova Dubrave Liješće Mlječanica Devetaci Bukvik Rasavac Poljavnice Donji Podgradci Kobaš Mazići Rakovac Košuća Kolibe Gornje Nova Ves Novo Selo Zbjeg Dragelji
  • Srebrenica and the Failure of UN Peacekeeping Bosnia and Herzegovina

    Srebrenica and the Failure of UN Peacekeeping Bosnia and Herzegovina

    October 1995 Volume 7, No. 13 The Fall of Srebrenica and the Failure of UN Peacekeeping Bosnia and Herzegovina Summary .................................................................................................................................... 1 Recommendations ...................................................................................................................... 3 Background................................................................................................................................ 6 The Fall of Srebrenica ................................................................................................................ 10 Prelude: Starvation and Manipulation of Aid ........................................................................11 U.N. Failure to Prepare or React ........................................................................................... 12 Offensive against the UN Designated “Safe Area” of Srebrenica ............................................... 14 Potocari .................................................................................................................................... 20 Evacuation from Srebrenica ................................................................................................. 20 Bosnian Serb Forces Masquerade as U.N. Troops ................................................................ 21 Evacuation of Potocari and Early Killings ............................................................................. 23 The List of Missing
  • The International Criminal Tribunal for the Former Yugoslavia

    The International Criminal Tribunal for the Former Yugoslavia

    IT-09-92-T 81800 D81800 - D81760 01 September 2014 MB THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT-09-92-T IN THE TRIAL CHAMBER Before: Judge Alphons Orie, Presiding Judge Bakone Justice Moloto Judge Christoph Flügge Registrar: Mr. John Hocking Date Filed: 1 September 2013 THE PROSECUTOR v. RATKO MLADIĆ PUBLIC WITH PUBLIC ANNEXES A & B DEFENCE MOTION PURSUANT TO RULE 92TER TO ADMIT THE WRITTEN TESTIMONY OF TOMISLAV SAVKIĆ The Office of the Prosecutor: Mr. Dermot Groome Mr. Peter McCloskey Counsel for the Accused: Mr. Branko Lukić Mr. Miodrag Stojanović IT‐09‐92‐T 1 September 2014 1 81799 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA PROSECUTOR v. RATKO MLADIĆ PUBLIC WITH PUBLIC ANNEXES A & B DEFENCE MOTION PURSUANT TO RULE 92TER TO ADMIT THE WRITTEN TESTIMONY OF TOMISLAV SAVKIĆ ________________________________________________________________________ The Accused, RATKO MLADIĆ, by and through his counsel of record, respectfully submits the instant Motion pursuant to Rule 92ter of the Rules of Procedure and Evidence, and in support thereof states as follows: I. INTRODUCTION 1. Pursuant to the Guidance previously expressed by the Trial Chamber, motions offering written statements under Rule 92ter of the Rules of Procedure and Evidence are to be filed at least 30 days before the anticipated testimony of a given witness. Witness Tomislav Savkić is currently scheduled to testify in the next 30 days and thus the Defense hereby files the instant motion in compliance with the Chamber’s guidance, and applying for the evidence of this witness to be heard pursuant to Rule 92ter. This Motion is filed publicly, as the witness does not require protective measures.
  • Historical Memory and the 1995 Genocide at Srebrenica Julia Masur Jmasur@Pugetsound.Edu

    Historical Memory and the 1995 Genocide at Srebrenica Julia Masur [email protected]

    History, Department of History Theses University of Puget Sound Year 2019 "No Room for Denial"?: Historical Memory and the 1995 Genocide at Srebrenica Julia Masur [email protected] This paper is posted at Sound Ideas. https://soundideas.pugetsound.edu/history theses/32 University of Puget Sound “No Room for Denial”?: Historical Memory and the 1995 Genocide at Srebrenica A Senior Thesis Submitted to the Faculty of the History Department in Candidacy for the degree of Bachelor of Arts in History Department of History by Julia Masur Tacoma, WA May 2019 Masur 1 1. Introduction [W]henever they [the Bosnian Serb soldier] spot a male person… they would take him away and the person would not be seen after that… Every time they came to take a man away, afterwards you would hear screams of the family, of the wife, daughters, and from the direction of the houses where the men were being taken to, I couldn't tell you exactly, of course, what was happening there, but from that direction we could hear screams which looked like something from a horror movie So they [the Bosniak men] were taken towards the buses one by one… this was one of the saddest moments that I ever had in that area, in that you could see men, real men, crying, asking us, "You, UNPROFOR, why are you letting these people take us? Why are you letting them go with us? Why do you want us to be killed by these people?" And we could ask them, you know, "What do you think they're going to do to you," and they say, "Really, these people are going to kill us." And of course, everywhere in the world, when Srebrenica is discussed, it’s seen as genocide…The reconciliation process cannot truly start without [the perpetrators] admitting it.
  • CHAPTER XI - General Conclusions

    CHAPTER XI - General Conclusions

    CHAPTER XI - General Conclusions Chapter XI General Conclusions This Report reflects the findings of theIndependent International Commission of Inqui- ry on the Sufferings of All Peoples in the Srebrenica Region between 1992 and 1995, whose work was authorized by, but independent of, Republika Srpska with the mandate of addressing critical issues in connection with the popular perceptions surrounding Srebrenica during the 1992-1995 war in Bosnia and Herzegovina. The Commission is independent in that it does not reflect the joint efforts of any particular institution, be it governmental, academic, legal, or any other form of NGO. Members were selected by virtue of their particular expertise in relevant disciplines and are solely responsible for their contributions to the overall Report. Toward this end, the international members worked independently, individually or with their team, to examine the available facts surrounding the events that occurred in the Srebrenica region during the war years. All avenues of data and information were pursued in order to gather relevant material, despite the fact that some avenues of inquiry were not forthcoming. Nonetheless, best efforts were made by each member in his or her pursuit of providing a comprehensive examination of the facts relevant to the Commission mandate. The multidisciplinary composition of the Commission resulted in different approaches and research methodologies. In addition to published sources and reference works, docu- ments presented before the International Criminal Tribunal for the former Yugoslavia during various court proceedings were also largely used. During the reconstruction of the events related to July 11, 1995, primary sources were used to the greatest extent, while secondary sources were used only in those cases when there were no primary sources available.