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Fourth Amended Indictment

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Fourth Amended Indictment IT-05-87/1-PT 1197 D 1197 - D 1150 09 July 2008 PvK THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Case No. IT-05-87/1-PT THE PROSECUTOR AGAINST VLASTIMIR \OR\EVI] FOURTHAMENDEDINDICTMENT The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant tohis authorityunder Article 18of the Statute of the International Criminal TribunalfortheformerYugoslavia(“StatuteoftheTribunal”),charges: VLASTIMIR\OR\EVI] withCRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMSOFWAR assetforthherein. 15. REDACTED. THEACCUSED 6. VLASTIMIR \OR\EVI] was born on 17 November 1948 in Koznica, Vladi~in Han municipality, in Serbia. VLASTIMIR \OR\EVI] was Assistant Minister of the SerbianMinistryof Internal Affairs ("MUP") andChief of the Public SecurityDepartment (“RJB”) of the MUP (initiallyinanactingcapacityfor the latter position) as of 1 June 1997 and held this position until 30 January 2001. VLASTIMIR \OR\EVI] was awardedthe Order of the YugoslavFlagof the First DegreebySlobodanMiloševićon5July1999. 7. REDACTED. POSITIONOFTHEACCUSED 813. REDACTED. 14. Since at least 4 June 1997 and at all times relevant to this indictment, VLASTIMIR \OR\EVI] was the Assistant Minister of the MUP andChief of the RJB.AsAssistantMinisteroftheMUPandChiefoftheRJB: i. VLASTIMIR \OR\EVI] led the RJB under the direction of the Minister of the Interior, Vlajko Stojiljković. He was responsible for all 1 IT-05-87/1-PT 1196 units and personnel of the RJB in Serbia, including Kosovo, between 1 Januaryand20June1999. 15. REDACTED. INDIVIDUALCRIMINALRESPONSIBILITY 16. The accused is individuallyresponsible for the crimes allegedagainst him inthisindictmentunderArticles3,5and7oftheStatuteoftheTribunal. 17. The accused planned, instigated, ordered, committed, or otherwise aided andabettedinthe planning,preparation,or executionof these crimes. For the modes of liabilityof planning,instigatingor orderingthe crimes charged,the accusedacted withthe awareness ofthesubstantiallikelihoodthatthecrimeswouldbecommittedin the executionof the plan,order or instigation. For the mode of liabilityof aidingand abetting,the accusedactedwiththe knowledge that the acts performedwouldassist in thecommissionofthecrimes. 18. Byusingthe word“committed” inthis indictment,the Prosecutor does not intendtosuggest that the accusedphysicallyperpetratedanyof the crimes charged, personally. “Committing” in this indictment, when used inrelationtothe accused, refers toparticipationina joint criminal enterprise as a coperpetrator,either directly orindirectly. 19. The purpose of this joint criminal enterprise was, inter alia, the modification of the ethnic balance in Kosovo in order to ensure continued Serbian control over the province. This purpose was to be achieved by criminal means consistingof a widespreadorsystematiccampaignofterrorandviolencethatincluded deportations, murders, forcible transfers and persecutions directed at the Kosovo Albanianpopulationduringthe Indictment period. Tofulfil this purpose,the accused, acting individually and/or in concert with other persons, contributed to the joint criminalenterpriseusingthe de jureandde factopowersavailabletohim. 20. This joint criminal enterprise came into existence no later than October 1998andcontinuedthroughoutthetimeperiodwhenthecrimesallegedinCounts1to 5of this indictment occurred: beginningonor about 1January1999andcontinuing until 20 June 1999. A number of individuals participated in this joint criminal enterprise during the entire duration of its existence, or, alternatively, at different times during the duration of its existence, including Milan Milutinovi}, Nikola [ainovi}, Dragolub Ojdani}, Neboj{a Pavkovi}, Vladimir Lazarevi}, VLASTIMIR \OR\EVI], Sreten Luki}, Slobodan Milošević and Vlajko Stojiljković. Others members included Radomir Marković, Obrad Stevanović, Dragan Ilić and unidentified persons who were members of command and coordinating bodies and members of the forces of the FRY and Serbia who shared the intent to effect the purpose of the joint criminal enterprise. Inaddition,and/or inthe alternative,Milan Milutinovi}, Nikola [ainovi}, Dragolub Ojdani}, Neboj{a Pavkovi}, Vladimir Lazarevi}, VLASTIMIR \OR\EVI], Sreten Luki}, Slobodan Milošević, Vlajko Stojiljković,Radomir Marković,ObradStevanović,andDraganIlić implementedthe objectives of the joint criminal enterprise through members of the forces of the FRY andSerbia,whom theycontrolled,tocarryout the crimes chargedinthis indictment. The phrase “forces of the FRY and Serbia” in this indictment encompasses the following forces and units: VJ, including the Third Army, in particular the Pri{tina Corps of the Third Army, and other units temporarily or permanently deployed to 2 IT-05-87/1-PT 1195 Kosovo or otherwise participating in the conflict; MUP, including Special Police Units (“PJP”), the Special Anti-terrorist Unit (“SAJ”), police reservists, MUP secretariat (“SUP”) personnel,the Special Operations Unit (“JSO”) andState Security (“RDB”) operatives; the Pri{tina MilitaryDistrict andmilitaryterritorial units within it; Civil Defence units; Civil Protectionunits; civiliangroups armedbythe VJ and/or the MUP andformedintovillage defence units actingunder the control andauthority of the VJ and/or the MUP,andvolunteers incorporatedintounits of the VJ and/or the MUP. At least one VJ andat least one MUP unit participatedineachof the crimes enumeratedinCounts1to5ofthisIndictment. 21. The crimes enumeratedinCounts 1to5of this Indictment were withinthe object of the joint criminal enterprise andthe accusedsharedthe intent withthe other coperpetrators that these crimes be perpetrated. Alternatively,the crimes enumerated in Counts 3 to 5 were natural and foreseeable consequences of the joint criminal enterprise andthe accusedwas aware that suchcrimes were the possible consequence of the execution of that enterprise. Despite his awareness of the foreseeable consequences,VLASTIMIR \OR\EVI] decidedtoparticipate inthe joint criminal enterprise. The accusedandother participants inthe joint criminal enterprise further sharedthe intent andstate of mindrequiredfor the commissionof eachof the crimes chargedincounts 1to5. Onthis basis,under Article 7(1) of the Statute,the accused bearsindividualcriminalresponsibilityforthecrimesallegedinCounts1to5. 22. VLASTIMIR \OR\EVI],while holdingpositions of superiorauthority, is also individually criminally responsible for the acts or omissions of his subordinates, pursuant to Article 7(3) of the Statute of the Tribunal for the crimes allegedinCounts 1to5of this indictment. A superior is responsible for the criminal acts of his subordinates if he knew or hadreasontoknow that his subordinates were about tocommit suchacts or haddone so,andthe superior failedtotakethenecessary andreasonablemeasurestopreventsuchactsortopunishtheperpetrators. OVERVIEWOFTHEJOINTCRIMINALENTERPRISE 23. At all relevant times there existed a functioning chain of command that ensured that command and control ran from the highest levels in Belgrade to the forces of the FRY and Serbia in the field. The sophistication of the command and control structures in place ensured that there was a constant monitoring of the situationonthe ground,withprompt responsiveness andcontinuous contact between superior commanders at the highest level and their subordinates. According to the Constitution and relevant laws and regulations of the FRY the highest authority responsible for strategic matters relatingtothe defence of the FRY was the Supreme Defence Council which during the indictment period was composed of, inter alia, SlobodanMilo{evi},MilanMilutinovi} andDragolubOjdani}.TheSDChadsupreme authority over the VJ and other organisations engaged in defence of the country. Duringthe state of war declaredon24March1999,the Supreme Commandbecame the highest militarycivilian leadership body. It was headed by Slobodan Milo{evi} andincludedMilanMilutinovi} andDragolubOjdani}. It formulatedstrategy,issued directions andcommandedoperations byforces of the FRY andSerbia.Members of the SDC,the Supreme Commandandthe commandof the VJ exercisedcommandand control over the MUP andits subordinate units as the relevant FRY law providedthat during a state of imminent threat of war (23March 1999) or state of war (from 24 March1999to26June 1999) the MUP was subordinatedtothe VJ whenengagedin combatoperations. 3 IT-05-87/1-PT 1194 24. Slobodan Milo{evi}, Milan Milutinovi} and Nikola [ainovi}, also exercised command over the forces of the FRY and Serbia through other bodies includingthe Joint Command,headedbyNikola [ainovi}, whichwas mandatedto coordinate the workof civil affairs organs withthe activities of the organisations that constituted the forces of the FRY and Serbia in Kosovo and to ensure that they conducted operations in accordance with political objectives. The Joint Command alsoexercisedde factocommandauthorityoverthesebodies.Thiscommandauthority complemented the VJ and the MUP internal chains of command to ensure co operation and coordination. The Joint Command included senior members of the civilian,political andmilitaryleadershipincludingNeboj{a Pavkovi},the commander of the Third Army, Vladimir Lazarevi}, the commander of Pri{tina Corps, Sreten Luki},the Headof the MUP Staff,the Headof the TemporaryExecutive Committee (“TEC”),andotherleadersfromtheVJandMUP. 25. Forces of the FRY andSerbia,inadeliberateandwidespreadorsystematic manner,forciblyexpelledandinternallydisplacedhundreds of thousands of Kosovo Albanians from their homes across the entire province of
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