International Criminal Court

Specialized Agencies International Criminal Court

ICC Case File:

The trial of Ratko Mladić

Case Number:

0021 443 271 Dear Delegates,

Welcome to the 29th North American Model United Nations in Toronto, Canada! Over the course of four days, you will get to take part in an unparalleled Model UN conference during which you will leave behind who you once were for an entirely new, sometimes challenging, but always exciting, persona. This weekend is sure to be one of new experiences, of new understanding, but most importantly, of fun!

My name is Eitan Morris and I will be your chair for the International Criminal Court (ICC). Born and raised in South Orange, New Jersey, I lived in Israel for a year before making the trek north to Toronto where I am currently in my second year at the University of Toronto, majoring in history and international relations and minoring in Arabic. When the weather isn’t cold and snowy, I like to boulder and rock climb, and when it is, I like to escape by travelling. I started my MUN career in high school at JCYMUN in Montreal, and I am so excited to continue it at NAMUN this year.

I am lucky to be joined by my Vice Director, Angela Zhu, and moderator, Nidaa Rasheed. On top of being a MUN veteran who has participated in a number of different conferences, this is Angela’s third year with NAMUN. She is currently finishing her degree in International Relations, Peace, Conflict, and Justice, and German. She loves musical theatre and, if you’re lucky, you might just get to see her in some crazy costumes. Nidaa is in her first year at U of T studying life sciences with an interest in neuroscience and psychology. Another MUN veteran, she has participated in conferences all across the world, including Dubai and Paris.

In this committee, we will be creating a mock trial scenario following the procedures of the International Criminal Court. It will be left to you to grapple with the testimonies and evidence and ultimately decide the innocence or guilt of Ratko Mladić who stands accused of war crimes, crimes against humanity, and genocide during the Balkan Wars. I encourage you to engage with the material both critically and creatively. The best delegate will be one who not only creates a cohesive and persuasive legal argument but one who also understands the greater implications of the court’s role and decisions. It is important to note that while this background guide will provide you with basic information and a starting point for your research, it is by no means comprehensive – individual research on this vastly complex topic is expected.

I am excited to welcome you to the ICC at NAMUN 2014! If you have any questions or concerns, don’t hesitate to contact me at [email protected]. I look forward to seeing you all very soon!

Cheers,

Eitan Morris Nidaa Rasheed Chair, International Criminal Court Moderator, International Criminal Court

Angela Zhu Vice Director, Specialized Agencies

1 STRUCTURE OF THE COMMITTEE

This committee will operate in a Mock Trial Format. The following, divided by committee session, will explain how the committee will run. The precise timing is tentative and is subject to change at the discretion of the dais.

COMMITTEE SESSION I: Preparation Session

The prosecuting and defence teams and judges will have the opportunity to meet with their fellow lawyers and to prepare their witnesses for the trial. This session will essentially run in an unmoderated caucus format.

COMMITTEE SESSION II: Opening of the Case

1) Administrative Duties

2) Opening Speeches by the Prosecution

3) Opening Speeches by the Defence

The judges will read out the case brought forth before them, oaths will be administered and other basic administrative jobs will be sorted out before speeches are delivered. The Prosecution and Defence teams will have the opportunity to present their opening speeches. Each side will have up to a maximum of 30 minutes to speak; recommended time for each lawyer on each side is approximately 7 minutes. However, it is ultimately up to each team to decide which team member will speak for whichever amount of time.

COMMITTEE SESSION III/IV: Presentation of the Case: Prosecution

Direct Examination - Witness 1: Each member of the prosecution team will have the opportunity to directly examine their witness whom they would like to bring forth. (30 minutes maximum)

Cross Examination - Witness 1: Each member of the defense counsel will have the opportunity to cross-examine the witness brought forth by the prosecuting team. (30 minutes maximum)

Direct Examination - Witness 2: Process repeats. (30 minutes maximum each examination)

Cross Examination - Witness 2

2 Direct Examination - Witness 3

Cross Examination - Witness 3

Direct Examination - Witness 4

Cross Examination - Witness 4

Judges’ Questioning Period: The judges will have an opportunity to ask questions to members of the prosecution or defence team about what was said. These are essentially points of clarification. Absolutely no leading questions must be used by the judges in any circumstance. (15 minutes maximum)

Depending on time, this may go into the next committee session. The prosecution does not necessarily need to call on all their witnesses, but it is highly, highly recommended.

COMMITTEE SESSION IV/V/VI: Presentation of the Case: Defence Counsel

Direct Examination - Witness 1: Each member of the Defence Counsel will have the opportunity to directly examine their witness which they would like to bring forth. (30 minutes maximum*)

Cross Examination - Witness 1: Each member of the prosecution team will have the opportunity to cross examine the defense’s witness. (30 minutes maximum*)

Direct Examination - Witness 2: Process repeats (30 minutes maximum each examination*)

Cross Examination - Witness 2

Direct Examination - Witness 3

Cross Examination - Witness 3

Judges’ Questioning Period: The judges will have an opportunity to ask questions to members of the prosecution or defense team about what was said. These are essentially points of clarification. Absolutely no leading questions must be used by the judges in any circumstances. (15 minutes maximum)

* Please note that the direct/cross examination of Ratko Mladić will be allowed 1 hour per side to direct or cross examine him. There may be a spillover of time to Committee Session VI, up to a maximum of 45 minutes.

3 COMMITTEE SESSION VI: Closing Statements

1) Closing Statements by Defence

2) Closing Statements by Prosecution

3) Break for Deliberation

The Prosecution and Defence teams will have the opportunity to present their closing speeches. Each side will have up to a maximum of 45 minutes to speak; recommended time for each lawyer on each side is approximately 10 minutes. However, it is ultimately up to each team to decide which team member will speak for whichever amount of time. There will then be a break for deliberation during which the judges will convene and have time to formulate and write their decision.

COMMITTEE SESSION VII: Announcement of Decision by Judges

The judges will have the opportunity to announce their decision. This will take a maximum of 1 hour, with the following hour being spent in an informal setting with all members of the court able to ask questions to the judges.

COMMITTEE SESSION VIII: Special Committee to the United Nations Security Council

All members of the court, having accepted the judges’ findings, will visit the United Nations Security Council and present their decision. The judges will explain why the UNSC should accept their findings. The UNSC will debate on the findings put forth by the ICC in a question and answer period and in a moderated caucus within the ICC.

4 LIST OF OBJECTIONS

These objections will be directed towards the Judges, not the dais. It is up to the Judges to rule in favour of the delegates’ objection, or against it. Any member of the prosecution or defense counsel may object at any point during the debate, and will be referred to as “delegates” below. Objections can be against a question to a witness, a testimony, or the acceptance of evidence material. Delegates should indicate which objection they have at the point of contention. Standard Model United Nations motions, such as for recess, time extension, etc. will be directed to the dais and will be granted at the dais’ discretion.

Ambiguous (or vague, confusing, misleading)

All questions must be precise enough to allow the witness to properly answer.

Argumentative

Delegates may not give statements during examination or cross-examination. Instead, they must ask questions.

Asked and answered

Delegates may not ask a question again to which they already received an answer by the same witness.

Assumes facts not in evidence

Delegates may not assume circumstances as true if no evidence was provided for that purpose.

Badgering

Delegates may not try to intimidate witnesses by improper behavior, including asking multiple questions without giving the witness time to answer.

Calls for a conclusion

Delegates may ask only for the witness’s observations, not for any conclusion. They may however ask, for example, how they felt, whether they were afraid etc.

Calls for speculation

Delegates may not ask witnesses to speculate on certain points.

Compound question

Delegates should ask one question at a time and refrain from combining multiple questions.

5 Hearsay

Delegates may ask only for the witness’s observations, not for any information they received from another source.

Incompetent

Delegates may not ask witnesses a question, which they in their capacity are not able to answer.

Narrative

Delegates should ask questions on specific facts and not ask witnesses to tell a story.

Privilege

Delegates may not ask witnesses a question if the witness is protected by law from answering the question.

Irrelevant

Delegates may not ask questions which are not relevant for the case.

Lack of foundation

Delegates may not introduce evidence material, if its authenticity is not proven.

Non-responsive

Witnesses have to answer to a question. They are not allowed to answer a question that was not asked.

Nothing pending

Witnesses may not speak on matters irrelevant to the question.

6 The Prosecutor v. Ratko Mladić STATEMENT OF THE PROBLEM1

In November 1995, the Republics of Bosnia and Herzegovina, Croatia, and Yugoslavia signed the Dayton Peace Accords, effectively putting an end to the war, which had raged between them for the previous three years, and brought stability to a region which had not known peace for the previous five years. With estimates set at 100,000 deaths and more than two million displaced persons as a result of the conflict, the Bosnian War was the bloodiest, most destructive event of its kind since World War II. Accusations of war crimes, crimes against humanity, and intended genocide have been leveled against the leadership of the combatants with many of the Serbian leaders currently facing indictments and criminal trials at the International Criminal Court (ICC) in The Hague.

General Ratko Mladić served in the Yugoslav Peoples’ Army (JNA) and the Bosnian Serb Army (VRS) both before and during the Bosnian War. Following the cessation of aggression, he remained at large and in hiding until his arrest in May 2011. He currently stands accused of two counts of genocide, violations of the laws and customs of war, crimes against humanity for his participation in the campaign to remove Bosnian Muslims from Bosnia-Herzegovina, the sniping and shelling of Sarajevo, the elimination of Bosnian Muslims in Srebrenica, and the capture of UN troops as hostages used in bargaining. Although his trial commenced on the 16th of May, 2012, this simulation will be carried out as if it was immediately after his capture in 2011. HISTORY OF THE YUGOSLAV WARS

When Marshall Tito, President of Yugoslavia since the end of World War II, died in 1980, it was unclear whether the nation would be able to withstand internal and external pressures for change and remain united or whether it would crumble and divide. The Socialist Federal Republic of Yugoslavia (SFRY) existed from 1945 to 1990 and was one of the few communist states following the end of WWII to receive recognition and support from both the United States and the USSR. Comprised of six republics (Serbia, Montenegro, Slovenia, Bosnia-Herzegovina,2 Croatia, and Macedonia), the SFRY covered the majority of the Balkan region. It is important to note, however, that the diverse ethnic groups that populate this region are actually a modern perception. Generally, all of the inhabitants of the region are ‘Slavic’ in that they are descended from the South Slavs who migrated to that region in the 6th and 7th

1 All information contained herein is from the case information sheet on Ratko Mladić: www.icty.org 2 Sometimes spelled Bosnia-Herzegovinia, Bosnia and Herzegovina, or Bosnia and Herzegovinia

7 centuries A.D.3 The Bosnian Muslims, or Bosniaks, trace their heritage to the Ottoman Empire but are actually the descendants of locals who adopted Islam rather than transplanted Ottomans.4 While major differences between the groups exists and allegiance to these groups plays an integral role in personal and national identity, it is important to keep in mind in the context of the Yugoslav Wars, that there are many similarities between the Balkan peoples as well.

The cracks in Tito’s Yugoslavia began to show during the elections of 1990. Each republic held its own elections for its domestic governments, resulting in the election of several non-communist governments, which would operate under the communist federal government. Slovenia and Croatia were the first republics to push for independence. The wealthiest and most ethnically homogenous of the six republics, they both swept the communist party out of office to be replaced by a pluralist, democratic government.5 Elections in Macedonia and Bosnia-Herzegovina tended to follow ethnic lines (Bosniak, Serb, and Croat) but resulted in the removal of the communist party from power as well. Macedonia and Bosnia-Herzegovina, however, were more willing to remain a part of Yugoslavia, assuming it was a looser federation allowing them more autonomy.6 Serbia and Montenegro re-elected their communist governments.

When dealing with the question of independence in the former Yugoslavia, it is necessary to keep in mind that Yugoslavia was a sovereign nation with all pursuant obligations, meaning it was still required to maintain its economy, provide services to its people, and repay outstanding loans from foreign governments and from the International Monetary Fund (IMF).7 Should each – or even a majority – of the republics secede and Yugoslavia cease to exist, how would these obligations be met?

On June 25, 1991, Slovenia and Croatia officially declared their independence and left the Federation. In response, the Prime Minister of Yugoslavia ordered the Yugoslav Peoples’ Army (JNA) to take over Slovenia. In a conflict that lasted ten days, the Slovenian national guard was able to resist the JNA with minimal casualties and to maintain its sovereignty within its borders.8 The resulting conflict in Croatia was everything the conflict in Slovenia was not; it was longer, bloodier, and resulted in the loss of land. By the end of the year, ten thousand people had been killed and hundreds

3 "What Happened to Yugoslavia? The War, the Peace, and the Future ." teaching resource, University of North Carolina at Chapel Hill, 2004. PDF, 4, http://www.unc.edu/depts/europe/teachingresources/balkan-crisis.pdf (accessed November 15, 2013). 4 Ibid 5 Ibid 5 6 Ibid 7 Ibid 6 8 Ibid

8 of thousands had been displaced.9 The United Nations sent an envoy to broker a cease-fire, which eventually resulted in the signing of a truce in January 1992 and the dispatch of UN Protection Force (UNPROFOR) troops to maintain the cease-fire. As a result of the war, however, Croatian Serbs gained a large portion of territory that, in the opinion of some, legitimized the attack.10

In February, Bosnia-Herzegovina held a referendum on independence and, in April, received international recognition. Macedonia soon followed suit, leaving only Serbia and Montenegro to comprise the Federal Republic of Yugoslavia (FRY). The most ethnically diverse of the republics, peace in Bosnia-Herzegovina had always been tenuous.11 Following its independence, each of the three main ethnic groups in the country declared their own regions independent. The government of Bosnia- Herzegovina fought to maintain its national integrity; however, Serbia and Croatia soon intervened on the behalf of their ethnic confreres, exacerbating the struggle.

The Bosnian War, which lasted from April 1992 until November 1995, was one of the most vicious and bloody conflicts since the end of WWII. Although the fighting initially began between Bosnian Serbs assisted by the JNA and Bosnian government forces (comprised of Bosniaks and Croats), alliances frequently shifted and, at times, each of the three ethnic groups fought against each other for their own self-interest. The Bosnian Serb and JNA forces were by the far the most successful, however, quickly gaining control of 60% of the country through their overwhelming military superiority and systemic campaign on persecution.12

Drawing on its success during the Croatian War, the United Nations once again attempted to intervene, first by imposing sanctions on Serbia and an arms embargo on the region and, later, with the introduction of UNPROFRO troops and the creation of UN ‘safe zones.’ Six of these safe areas were established with the intention of acting as locations that were safe from combat and available for refugees to escape violence and to resettle. UNPROFRO troops were intended to guard these areas and supervise the movements of aid convoys.13 In 1993, the UN once again sent an envoy to broker a cease-fire, which was ultimately rejected.14 While the North Atlantic Treaty Organization’s (NATO) role in the conflict was initially minimal – merely enforcing a no-

9 Ibid 10 Ibid 11 Ibid 7 12 “About the ICTY,” The International Criminal Tribunal for the former Yugoslavia, http://www.icty.org/sections/AbouttheICTY (accessed November 15, 2013). 13 "What Happened to Yugoslavia? The War, the Peace, and the Future ." teaching resource, University of North Carolina at Chapel Hill, 2004. PDF, 1-10, http://www.unc.edu/depts/europe/teachingresources/balkan-crisis.pdf (accessed November 15, 2013). 14 Ibid 9

9 fly zone – by 1995, it was prepared for more drastic measures in order to bring an end to the war. In August 1995, NATO began carrying out a campaign of air strikes against Bosnian Serb targets.15

Although the war was characterized by numerous acts of unspeakable cruelty – civilian detention centres, systematic rape of women, torture, murder, mutilation – perhaps the two most publicized atrocities were the siege of Sarajevo and the massacre at Srebrenica. The siege of Sarajevo lasted from April 1992 until peace was established in 1995. During this period, the city’s civilian population was subjected to a continuous artillery bombardment and sniping campaign by the Bosnian Serb forces camped in the hills around it, as well as a blockade of food, water, and medical supplies. Over ten thousand civilians died in Sarajevo over the course of the blockade.16 Srebrenica was one of the safe zones established by the UN and, by 1995, it was one of the last remaining Bosniak enclaves. In March of 1995, however, Bosnian Serb President Radovan Karadzic ordered that Srebrenica as well as other UN safe zones be entirely cut off and that aid convoys be prevented from reaching the towns.17 In July of that year, Karadzic issued a new order to conquer Srebrenica. Bosnian Serb troops captured the enclave and massacred eight thousand Muslim men and boys while systematically raping and forcibly evacuating the women and children, as well as taking UN troops hostage.18

To many Serbs, these acts were justified historically in response to similar atrocities carried out against them at the hands of the Bosniaks and the Croats. Perhaps the most cited of these justifications are the murders carried out at the Jasenovac concentration camp during WWII.19 Serbs are not alone in their use of history as a justification for their actions; historical conflicts live as vividly in the minds of Croats and Bosniaks and are just as frequently used as justification for their actions.

In 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) was established as a special UN court of law charged with dealing with the war crimes committed in the Balkans in the 1990s.20 On July 24th, 1995, General Ratko Mladić of

15 Ibid 16 Goldstone, Richard J. “The Prosecutor of the Tribunal against Radovan Karadzic, Ratko Mladic: Indictment,” July 1995. The International Criminal Tribunal for the former Yugoslavia, Legal Library. PDF, http://www.icty.org/x/cases/mladic/ind/en/kar-ii950724e.pdf (accessed November 15, 2013). 17 “CHRONOLOGY-What happened during the war in Bosnia?” Reuters, Jul 21, 2008. http://www.reuters.com/article/2008/07/21/idUSL21644464 (accessed November 15, 2013). 18 Ibid 19 Hawton, Nick. "Conflicting Truths: The Bosnian War." History Today 59, no. 8 (2009). http://www.historytoday.com/nick-hawton/conflicting-truths-bosnian-war (accessed November 15, 2013). 20 “About the ICTY,” The International Criminal Tribunal for the former Yugoslavia, http://www.icty.org/sections/AbouttheICTY (accessed November 15, 2013).

10 the JNA/VRS (Bosnian Serb Army) was formally indicted by the ICTY for his perpetration of war crimes, crimes against humanity, and genocide.21 Gen. Mladić personally led Serbian troops during the siege of Sarajevo, the Srebrenica massacre, as well as numerous other operations during the war.

The Bosnian War was finally brought to a close in November 1995, when the U.S. Assistant Secretary of State forced the leaders to the bargaining table in Dayton, Ohio. The Bosnian Peace Agreement (also known as the Dayton Accords) included a formal recognition by all parties of the borders of the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the FRY, the removal of all troops, and the ability for humanitarian aid to freely reach the inhabitants and displaced refugees in the region. After three years, 100,000 deaths, and the displacement of two million people, the war was over.22

WHO IS RATKO MLADIĆ?

Ratko Mladić was born on March 12, 1943,23 in the village of Kalinovik in the Republic of Bosnia-Herzegovina.24 Born into the tumultuous violence that characterized the Nazi and Italian takeover of Yugoslavia in 1941, Ratko’s name literally means ‘War or Peace.’25 Like many Bosnian Serbs, Madić’s parents chose to fight the Nazis and their local collaborators by joining the pro-nationalist, communist partisan movement.26 At the age of two, Mladić’s father was killed while leading a partisan attack against pro- Nazi Croatian Ustasha troops,27 leaving him and his two siblings to be raised by their

21 Goldstone, Richard J. “The Prosecutor of the Tribunal against Radovan Karadzic, Ratko Mladic: Indictment,” July 1995. The International Criminal Tribunal for the former Yugoslavia, Legal Library. PDF, http://www.icty.org/x/cases/mladic/ind/en/kar-ii950724e.pdf (accessed November 15, 2013). 22 "What Happened to Yugoslavia? The War, the Peace, and the Future ." teaching resource, University of North Carolina at Chapel Hill, 2004. PDF, 1-10, http://www.unc.edu/depts/europe/teachingresources/balkan-crisis.pdf (accessed November 15, 2013). 23 Some sources claim 1941 or 1942 24 Goldstone, Richard J. “The Prosecutor of the Tribunal against Radovan Karadzic, Ratko Mladic: Indictment,” July 1995. The International Criminal Tribunal for the former Yugoslavia, Legal Library. PDF, http://www.icty.org/x/cases/mladic/ind/en/kar-ii950724e.pdf (accessed November 15, 2013). 25 Bose, Sumantra. "The devolution of Ratko Mladic." AlJazeera. http://www.aljazeera.com/indepth/opinion/2011/05/2011527123343951661.html (accessed November 15, 2013). 26 Ibid 27 Little, Allan. "Profile: Ratko Mladic, Bosnian Serb army chief." BBC News. http://www.bbc.co.uk/news/world-europe-13559597 (accessed November 15, 2013).

11 mother. As the son of communist partisan parents and a “martyred” father, it is no wonder that Mladić identified strongly with a unified, ‘Titoist,’ Yugoslavia, ultimately graduating from military academy in 1965 and joining the Communist Party in Yugoslavia.28

For the next three decades, Mladić rose through the ranks of the Yugoslav People’s Army (JNA), eventually attaining the rank of deputy commander in Kosovo in 1991.29 During these years, Mladić never spoke of an independent Serbia or of Serbian national interest. Rather, he identified under the supra-ethnic category of Yugoslav, a sentiment certainly derived from his familial upbringing and fostered by his time in the JNA.30 In May of 1992, Mladić transferred to the newly formed Bosnian Serb Army (VRS).31 Seemingly paradoxical, when war broke out in the second half of 1991 between the national Croatian government and the Croatian Serbs, it was Mladić’s attachment to Yugoslavia that drove him to fight on the side of the Serbs. This was because he blamed Bosnia’s Muslims and Croats for colluding with Croatia in the breakup of Yugoslavia.32

Mladić led Bosnian Serb troops throughout the war (1992-1995), ending the conflict holding the rank of general colonel.33 During that same year, the ICTY indicted Mladić on two counts of genocide for the Sarajevo siege and the Srebrenica massacre.34 Following the end of the war, Mladić returned to Belgrade where he enjoyed the protection of the Yugoslav President, Slobodan Milosevic. After Milosevic’s arrest in 2001, however, Mladić was forced to go into hiding until his capture and arrest in 2011 in the village of Lazarevo, northeast of Belgrade.35

28 Wilkinson, Peter. "Ratko Mladic: Brutal villain to many, hero to others." CNN. http://www.cnn.com/2012/05/16/world/europe/mladic-profile (accessed November 15, 2013). 29 Block, Robert. "The Madness of General Mladic." The New York Review, October 5, 1995. http://www.nybooks.com/articles/archives/1995/oct/05/the-madness-of-general-mladic/ (accessed November 15, 2013). 30 Bose, Sumantra. "The devolution of Ratko Mladic." AlJazeera. http://www.aljazeera.com/indepth/opinion/2011/05/2011527123343951661.html (accessed November 15, 2013). 31 Block, Robert. "The Madness of General Mladic." The New York Review, October 5, 1995. http://www.nybooks.com/articles/archives/1995/oct/05/the-madness-of-general-mladic/ (accessed November 15, 2013). 32 Bose, Sumantra. "The devolution of Ratko Mladic." AlJazeera. http://www.aljazeera.com/indepth/opinion/2011/05/2011527123343951661.html (accessed November 15, 2013). 33 Ibid 34 Little, Allan. "Profile: Ratko Mladic, Bosnian Serb army chief." BBC News. http://www.bbc.co.uk/news/world-europe-13559597 (accessed November 15, 2013). 35 Ibid

12 General Mladić stands accused of two counts of genocide, persecutions, extermination, murder, deportation, inhumane acts, terror, unlawful attacks on civilians, and the taking of hostages by the International Criminal Court (ICC) in The Hague.36 The primary events concerned with these charges are the siege, shelling, and sniping campaign of Sarajevo (1992-1996), the massacre of Muslims in Srebrenica (as well as the systemic eradication of Bosnian Muslims over the course of the war), and the capture of UN peacekeepers as hostages.37

TIMELINE OF EVENTS

2002 – Mladić goes into hiding after President Milosevic is turned over to the ICC; military escort revoked by new, pro-Western Serbian government.38

May 2002 – Yugoslavian government signs cooperation agreement with ICC and asks Mladić to leave the Serbian barracks in which he has been hiding.39

August 2003 – NATO-led peacekeepers raid the house of Mladić’s mother hours after her death in an effort to catch him.40

2004 – Western diplomats leak documents suggesting that Mladić regularly visits Bosnia for birthdays and recreation and that he remained an official member of the Bosnian Serb military, receiving a pension through 2002.41

July 2004 – Mladić is spotted in Bosnian Serb military facilities; Serbian army denies aiding Mladić in any way.42

36 “(IT-09-92)” Ratko Mladić. The International Criminal Tribunal for the former Yuslavia, The Cases. PDF, http://www.icty.org/x/cases/mladic/cis/en/cis_mladic_en.pdf (accessed November 15, 2013). 37 Ibid 38 Mirror News. "Ratko Mladic: Timeline of the war crimes fugitive's life." Mirror Online. http://www.mirror.co.uk/news/uk-news/ratko-mladic-timeline-of-the-war-crimes-180577 (accessed December 9, 2013). 39 Delviscio, Jeffery, and Victoria Shannon. "The Hunt for Ratko Mladic." The New York Times (New York City), May 26, 2011, sec. World. http://www.nytimes.com/interactive/2010/10/22/world/europe/mladic- timeline.html?ref=europe&_r=2& (accessed December 9, 2013). 40 Ibid 41 Ibid 42 CNN Library. "Ratko Mladic Fast Facts." CNN. http://www.cnn.com/2013/04/29/world/europe/ratko-mladic-fast-facts / (accessed December 9, 2013).

13 January to May 2005 – A dozen Serbian generals, including Mladić’s closest aids, surrender to the ICC.43

December 2005 – Serbia warns that anybody aiding Mladić will be prosecuted.44

May 3, 2006 – The European Union suspends talks with Serbia regarding the possibility of its entry over its failure to meet the EU demand for the delivery of Mladić to the ICC.45

July 2006 – A court in Belgrade indicts 10 people for aiding Mladić between 2002 and 2006; investigations show Mladić had been staying in the high-rise part of Belgrade.46

May 2007 – Serbian government arrests more than a dozen of Mladić’s protectors in a series of raids including Gen. Zdravko Tolimir, the alleged mastermind behind Mladić’s safety network and an intelligence officer during the massacre at Srebrenica.47

October 12, 2007 - Serbian officials offer one million Euros for information leading to the capture of Mladic.48

June 2009 – Bosnian TV news program, 60 Minutes, airs what appears to be recent home video footage of Mladić; Serbian authorities confirm Mladić’s identity but insist the footage is from years earlier.49

2010 – Serbian police briefly detain Ratko Mladić’s wife, Bosiljka, and charge her with illegal possession of weapons.50 Serbia’s government increases its reward for the information leading to the capture of Mladić to 10 million Euros.51

43 Welsh, Ben, and Maloy Moore. "Ratko Mladic: From hunter to hunted to held."Los Angeles Times, May 26, 2011. http://timelines.latimes.com/ratko-mladic/ (accessed December 9, 2013). 44 Ibid 45 Ibid 46 Ibid 47 Delviscio, Jeffery, and Victoria Shannon. "The Hunt for Ratko Mladic." The New York Times (New York City), May 26, 2011, sec. World. http://www.nytimes.com/interactive/2010/10/22/world/europe/mladic- timeline.html?ref=europe&_r=2& (accessed December 9, 2013). 48 CNN Library. "Ratko Mladic Fast Facts." CNN. http://www.cnn.com/2013/04/29/world/europe/ratko-mladic-fast-facts/ (accessed December 9, 2013). 49 Delviscio, Jeffery, and Victoria Shannon. "The Hunt for Ratko Mladic." The New York Times (New York City), May 26, 2011, sec. World. http://www.nytimes.com/interactive/2010/10/22/world/europe/mladic- timeline.html?ref=europe&_r=2& (accessed December 9, 2013).

14 February 2010 – Mladić’s wartime diaries found in a false wall in his home in Belgrade; diaries cover the years 1991 to 1996, the wars in Croatia and Bosnia.52

May 2010 – Mladić’s family announces its intention to have him officially declared dead; motion is denied.53

May 26, 2011 – Mladić is arrested outside of Belgrade.54

May 31, 2011 – Mladić’s appeal regarding extradition to the ICC is rejected; a medical team previously determined he is healthy enough to stand trial.55

June 3, 2011 – Trial proceedings begin in The Hague with the reading aloud of the charges in the indictment.56

50 Welsh, Ben, and Maloy Moore. "Ratko Mladic: From hunter to hunted to held."Los Angeles Times, May 26, 2011. http://timelines.latimes.com/ratko-mladic/ (accessed December 9, 2013). 51 Mirror News. "Ratko Mladic: Timeline of the war crimes fugitive's life." Mirror Online. http://www.mirror.co.uk/news/uk-news/ratko-mladic-timeline-of-the-war-crimes-180577 (accessed December 9, 2013). 52 Delviscio, Jeffery, and Victoria Shannon. "The Hunt for Ratko Mladic." The New York Times (New York City), May 26, 2011, sec. World. http://www.nytimes.com/interactive/2010/10/22/world/europe/mladic- timeline.html?ref=europe&_r=2& (accessed December 9, 2013). 53 Ibid 54 Welsh, Ben, and Maloy Moore. "Ratko Mladic: From hunter to hunted to held."Los Angeles Times, May 26, 2011. http://timelines.latimes.com/ratko-mladic/ (accessed December 9, 2013). 55 CNN Library. "Ratko Mladic Fast Facts." CNN. http://www.cnn.com/2013/04/29/world/europe/ratko-mladic-fast-facts/ (accessed December 9, 2013). 56 Ibid

15 LEGAL ASPECTS

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Article 6: Genocide

For the purpose of this Statute, ‘genocide’ means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

Article 7: Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

16 Article 8: War crimes

For the purpose of this Statute, ‘war crimes’ means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages. (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army; (xii) Declaring that no quarter will be given; (xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war; (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual

17 violence also constituting a grave breach of the Geneva Conventions; Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions.57

UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FORTHE FORMER YUGOSLAVIA

Article 2: Grave breaches of the Geneva Conventions of 1949

The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(a) wilful killing; (b) torture or inhuman treatment, including biological experiments; (c) wilfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; (g) unlawful deportation or transfer or unlawful confinement of a civilian; (h) taking civilians as hostages.

Article 3: Violations of the laws or customs of war

The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

(a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering; (b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or

57 Rome Statute of the International Criminal Court. PDF. Rome: July 17, 1998. International Criminal Court Basic Legal Texts, the Official Journal. Web, http://www.icc- cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf (accessed December 9, 2013).

18 buildings; (d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; (e) plunder of public or private property.

Article 4: Genocide

1. The International Tribunal shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article.

2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group. 3. The following acts shall be punishable: (a) genocide; (b) conspiracy to commit genocide; (c) direct and public incitement to commit genocide; (d) attempt to commit genocide; (e) complicity in genocide.

Article 5: Crimes against humanity

The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:

(a) murder; (b) extermination; (c) enslavement; (d) deportation; (e) imprisonment; (f) torture; (g) rape;

19 (h) persecutions on political, racial and religious grounds; (i) other inhumane acts.

Article 7: Individual criminal responsibility

1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime.

2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.

3. The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires.58

CONVENTION ON THE RIGHTS OF THE CHILD

Article 2

1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

58 Updated Statute of the International Criminal Tribunal for the Former Yugoslavia. PDF. May 25, 1993. International Criminal Tribunal for the Former Yugoslavia, Legal Library. Web, http://www.icty.org/x/file/Legal%20Library/Statute/statute_sept09_en.pdf (accessed December 9, 2013).

20 Article 6

1. States Parties recognize that every child has the inherent right to life.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject, to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.

Article 37

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.59

THE CRIMINAL CODE OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA

Article 25: The limits of responsibility and punishability of accomplices, inciters and aiders

(1) The co-perpetrator shall be criminally responsible within the limits set by his own intention or negligence, and the inciter and the aider -- within the limits of their own intention.

Article 104: Applicability of Yugoslav criminal law to anybody committing a criminal act on the territory of the SFRJ

59 Convention on the Rights of the Child. PDF. New York: November 20, 1989. United Nations Interregional Crime and Justice Research Institute, Training and E-Learning Portal. Web, http://wcjp.unicri.it/db_legislation/international/docs/Convention%20on%20the%20Rights%20 of%20the%20Child.pdf (accessed December 9, 2013).

21 (1) Yugoslav criminal law applies to anybody who has committed a criminal act on the territory of the SFRJ.

Article 114: Counter-revolutionary endangering of the social system

Whoever commits an act aimed at: restricting or overthrowing the authority of the working class and the working people; undermining the constitutionally-established socio-economic system, socio-political system or the self-management system; overthrowing organs of social self-management and authorities, their executive organs or representatives of the highest state authorities in contravention of the Constitution; undermining the economic basis of the country; destroying the brotherhood and unity or violating the equality of nations and nationalities; or changing the federal organization of the country in an unconstitutional way, shall be punished by imprisonment for not less than one year.

Article 116: Endangering the territorial integrity

(1) Whoever commits and act aimed at detaching a part of the territory of the SFRJ by force or in any other unconstitutional way, or at joining of a part of the territory with another country, shall be punished by imprisonment for not less than five years.

(2) Whoever commits an act aimed at changing borders between the republics and autonomous provinces by force or in any other unconstitutional way, shall be punished by imprisonment for not less than one year.

Article 121: Undermining the military and defensive power

(1) Whoever destroys, renders useless or enables to pass into the hands of the enemy the defense installations, defense objects, positions, arms or other military or defensive means, or surrenders troops to the enemy, or in some other way hinders or jeopardizes the military or defense measures, shall be punished by imprisonment for not less than three years.

Article 124: Armed rebellion

(1) Whoever takes part in preparations for an armed rebellion or in an armed rebellion, shall be punished by imprisonment for not less than one year.

(2) Whoever organizes the preparation of an armed rebellion or takes part in an armed rebellion as organizer or ringleader, shall be punished by imprisonment for not less than five years.

Article 134: Inciting national, racial or religious hatred, discord or hostility

(1) Whoever by means of propaganda or in some other way incites or fans national, racial or religious hatred or discord between peoples and nationalities living in the SFRJ, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

(2) Whoever, by insulting citizens or in some other way, incites national, racial or religious hostility, shall be punished by imprisonment for a term exceeding three months but not exceeding three years.60

60 The Criminal Code of the Socialist Federal Republic of Yugoslavia. PDF. Socialist Federal Republic of Yugoslavia: September 28, 1976. United Nations Interregional Crime and Justice Research Institute, Training and E-Learning Portal. Web, http://wcjp.unicri.it/db_legislation/national/docs/SFRY_Criminal%20Code_OG%2044-76,36- 77_eng.pdf (accessed December 9, 2013).

23 QUESTIONS THAT MUST BE ANSWERED

The first question that the trial must answer is one of accountability: to what extent can a leader be held accountable for the actions of his subordinates? Should Mladić himself be held accountable as the General of the Serbian army during the war or does that accountability rest with his superiors? As well, will a guilty verdict be able to provide consolation to the victims? Many of those directly affected by the Yugoslav Wars feel that a guilty verdict and/or Mladić’s death would provide minimal consolation. The trial’s decision must determine whether Mladić is being used as a scapegoat or whether he truly is responsible and, therefore, how best to provide this consolation. As well, should Mladić be found accountable, the court must decide to what degree Mladic was responsible for certain crimes. It must determine whether Mladić was even present at some of the events for which he stands accused, and whether or not he issued certain orders.

The decision must also determine the extent to which a historical narrative can be used as a justification for war and wartime actions. Does the Serbian historical narrative justify the actions of the Serb forces during the war, or does each historical event represent a single, closed, temporal framework? As well, the verdict will have a direct effect on the future historical narrative. The trial has the potential to produce evidence that transcends criminal justice and can enter the realm of public and historical memories. This, however, will ultimately depend on the court’s ability to reconcile contesting national prides, histories, and the natural reluctance towards accepting an inconvenient truth. Until now, Srebrenica has been a competing set of monologues. The decision has the opportunity to change these monologues into a dialogue.

With the right to self-determination recognised internationally, can an individual be tried and/or punished for pursuing nationalism? At what point does nationalism become ethnocentrism, and is ethnic homogenization the same as ethnic cleansing or genocide? Historical narrative aside, Mladić and his forces were fighting for a unified Serbia on both nationalistic and ethnic grounds. The court must determine whether these are viable claims in an international legal framework and whether the actions taken supported these ideals or were criminal offenses intended to destroy the opposition.

24 KEY ACTORS AND ROLES

Ratko Mladić (1)

As the defendant in the trial, Mladić will enter a plea at the start of the trial and then work alongside the Defence Counsel to prepare his case. Because he is innocent until proven guilty, the burden of proof rests on the Office of the Prosecutor. The defendant cannot be forced to testify against himself or to incriminate himself in any way; however, the option to take the stand does remain open to him and his conduct during the proceedings can influence the course of the trial.

Judges (3)

The three judges, seated on the judges’ bench, preside over and take part in the court’s proceedings. The judges have the right to pose questions to the parties, witnesses and counsels, and all objections and questions of court procedure are to be directed to and decided by the judges’ bench. At the end of the trial, the judges will vote amongst themselves, draft, and rule on the judgment of the proceedings.

Office of the Prosecutor (4)

The Prosecution represents the public and brings forward the charges against the defendant. It is responsible for producing material evidence as well as witnesses. The Prosecution examines and cross-examines witnesses and, if necessary, proposes motions for the court to rule on. In addition, the Office of the Prosecutor is responsible for drafting an opening and closing statement to be delivered by the Head Prosecutor.

Defence Counsel (4)

The Defence Counsel represents the accused and has essentially the same rights and responsibilities as the Office of the Prosecutor. It is important to note that the Defence is allowed to present its own material evidence and bring forward witnesses and, therefore, does not need to rely solely on the evidence and testimonies provided by the prosecution. The Defence is also responsible for drafting an opening and closing statement to be delivered by the Head Defence Counsel.

Witnesses (3)

Two delegates will represent the four witnesses brought by the Office of the Prosecutor and one delegate will represent the two witnesses brought by the Defence Counsel (excluding Mladić, should he choose to testify).

25 WITNESSES FOR THE OFFICE OF THE PROSECUTOR

1. Joseph Kingori “Lieutenent Colonel Kingori was a United Nations Military Observer (UNMO) who was present in Srebrenica between March 1995 and July 1995. He provides evidence that in June 1995 Colonel Vuković asked him what the United Nations’ response would be to the VRS takeover of Srebrenica and the expulsion of its population.

The witness will provide evidence regarding the deportation/forcible transfer of Muslims from Srebrenica. Kingori is uniquely capable of providing evidence of the VRS intention, formed at least in early June, to take the Srebrenica enclave and expel the population.

Kingori also witnessed the VRS advance on Srebrenica, the shelling of the enclave, the conditions in Srebrenica, the traumatic separation of Muslim male refugees from other refugees at Potočari, and the segregation of those men in the White House opposite the UNPROFOR base. Kingori protested to Mladić about the overcrowded conditions in the White House. Mladić told him that as far as he was concerned, the people were comfortable and prevented Kingori from entering the White House.

Kingori also witnessed the movement of all refugees by bus, including the separate movement of Muslim male refugees. He said that the Muslim men were terrified that they would be killed by the Bosnian Serbs.”61

2. John Jordan “The witness was frequently in Sarajevo between November 1992 and late 1995. He was one of several international volunteer firemen who accompanied BiH emergency responders in Sarajevo during the siege. He provides evidence of the regular attacks that they came under while trying to assist the victims of the siege.

The witness describes the impact on civilian populations caused by shelling and sniping attacks and confirms that most of the victims that he came across were women and children. He responded to attacks that impacted at least 200 civilians from August 1994 until the end of the war.

He will also confirm the use of a modified air bomb by Serb forces, and will provide details about the military headquarters for the Sarajevo Romanija Corps.

61 Prosecution Witnesses. PDF. The Hague: ICTY Prosecutor v. Ratko Mladić, Press Release. Web, http://www.icty.org/x/cases/mladic/custom11/en/mladic_otp_witness_info.pdf (accessed January 3, 2014).

26 He describes the structure of the VRS as including military discipline, command and control.”62

3. Fejzija Hadžić “Fejzija Hadžić was a survivor of the massacre in Jalašačko Polje, Kalinovik. The witness will testify about inter-ethnic frictions, political situation, and increasing hostility that began in 1990 and 1991 when Yugoslav People's Army soldiers came into the municipality to prepare for deployment.

The witness will describe how he was arrested in June of 1992 and detained first in an elementary school, then in the KP Dom prison in Foča, where he was badly beaten. On 5 August 1992, he was taken with a number of other prisoners on trucks before being lined up in a field and shot at. He was injured but feigned death and survived the massacre, and managed to escape after the bodies had been transported to a stable and set on fire.”63

4. Protected Witness The witness is a Bosnian Muslim who was born and lived in Sarajevo until the age of seven. When the shelling began, he managed to escape and make his way to Srebrenica where he lived with cousins. During the assault on Srebrenica, the witness was shot and injured but feigned death, escaping while the Serbian soldiers were distracted.

62 Ibid 63 Ibid

27 WITNESSES FOR THE DEFENCE

1. Darko Trifunović Darko Trifunović authored the “Srebrenica Report” in 2002, on behalf of the Republika Srpska Government Bureau for Relations with the International Criminal Tribunal for the Former Yugoslavia. The Report argued that no more than 2000 Bosnian Muslim armed soldiers died at Srebrenica and that at least 1600 of them died during combat. The Report further claims that the findings of the International Committee of the Red Cross were fabricated and manipulated, and General Mladić’s only direct involvement was in demanding the surrender of the town and in the evacuation of civilians.

2. Milo Yelesiyevich Author of the controversial book, Ratko Mladic: Tragic Hero, Yelesiyevich argues that Mladić was the first to fight the rise of Islamic fundamentalism in Europe and that he has been demonized by the West because Mladić opposed its attempt to install a dictator in Bosnia and Herzegovina. He justifies the actions of the Yugoslav army as reacting to the actions carried out by Bosnian and foreign Muslims in conjunction with Nazis during WWII. He additionally argues that the Srebrenica “massacre” was no massacre at all but rather a number of combat fatalities, the number of which was blown out of proportion by Western mainstream media.

28 SUGGESTIONS FOR FURTHER RESEARCH

• The International Criminal Court http://www.icc-cpi.int/Pages/default.aspx

• The International Tribunal for the Former Yugoslavia http://www.icty.org/

• BBC Profiles and Video Archives http://www.bbc.co.uk/news/world-europe-13559597 http://www.bbc.co.uk/news/world-europe-13561875

• New York Times Profiles http://topics.nytimes.com/top/reference/timestopics/people/m/ratko_mladic/

• Sense Tribunal Trial Coverage http://www.sense-agency.com/naslovna/naslovna.1.html

EVIDENCE

VIDEOS:

• http://www.youtube.com/watch?v=QfInjlNoT4Q • http://www.youtube.com/watch?v=-JHw2lBYuqM • http://www.youtube.com/watch?v=EeXfAeoovwI&list=PL14FA94A7A1FBC123 • Part 1: http://www.youtube.com/watch?v=82AAh0SUUno - Part 2: http://www.youtube.com/watch?v=TWlwtG55Jd0 - Part 3: http://www.youtube.com/watch?v=hzjMSPp9bcM - Part 4: http://www.youtube.com/watch?v=t2O3glOemFo • http://www.youtube.com/watch?v=Tpd1BOSeV9Y • http://www.youtube.com/watch?v=_0hHcCdAolg

29 PHOTOS:

“A former sniper position on the slopes of mount Trebevic gives a view of Bosnian capital Sarajevo, seen on April 2, 2012.”64

64 The Atlantic. "20 Years Since The Bosnian War." 2012. http://www.theatlantic.com/infocus/2012/04/20-years-since-the-bosnian-war/100278/ (accessed 3 Jan 2014).

“A Bosnian special forces soldier returns fire in downtown Sarajevo as he and civilians come under fire from Serbian snipers, on April 6, 1992. The Serbs were shooting from the roof of a hotel at a peace demonstration of some of 30,000 people as fighting between Bosnian and Serb fighters escalated in the capital of Bosnia-Hercegovina.”65

65 Ibid

“French troops of the United Nations patrol in front of the destroyed mosque of Ahinici, near Vitez, northwest of Sarajevo, on April 27, 1993. This Muslim town was destroyed during fighting between Croatian and Muslim forces in central Bosnia.”66

66 Ibid

“The "Momo" and "Uzeir" twin towers burn on Sniper Alley in downtown Sarajevo as heavy shelling and fighting raged throughout the Bosnian capital on June 08, 1992.”67

67 Ibid

“Dead and wounded people lie scattered outside Sarajevo's indoor market after a mortar shell exploded outside the entrance to the building, on August 28, 1995. An artillery shell killed at least 32 and wounded more than 40 others.”68

68 Ibid

“Bosnian Croat soldiers taken as prisoners pass a Bosnian Serb soldier after surrendering on the central Bosnian mountain of Vlasic June 8. About 7,000 Croat civilians and some 700 soldiers fled to Serb-held territories under heavy Muslim attack.”69

69 Ibid

“A Serbian soldier beats a captured Muslim militiaman during an interrogation in the Bosnian town of Visegrad, 125 miles southwest of Belgrade, on June 8, 1992.”70

70 Ibid

“Seven-year-old Nermin Divovic lies mortally wounded in a pool of blood as unidentified American and British U.N. firefighters arrive to assist after he was shot in the head in Sarajevo Friday, November 18, 1994. The boy was shot and killed by a sniper firing from an apartment building into the Sarajevo city center, along Sarajevo's notorious Sniper Alley. The U.N. firefighters were at his side almost immediately, but the boy died outright.”71

71 Ibid

“A Bosnian man cradles his child as they and others run past one of the worst spots for snipers that pedestrians have to pass in Sarajevo, on April 11, 1993.”72

72 Ibid

“Bloodstains cover the wreckage of patients' rooms at Sarajevo's Kosevo Hospital on June 16, 1995, after a shell slammed into it killing two and injuring six.”73

73 Ibid

“Two prisoners sit on the ground during a visit of journalists and members of the Red Cross in a Serb camp in Tjernopolje, near Prijedor northwest Bosnia, on August 13, 1992.”74

74 Ibid

“Refugees from the overrun U.N. safe haven enclave of Srebrenica who had spent the night outdoors, gathering outside the U.N. base at Tuzla airport, on July 14, 1995.”75

75 Ibid

“Srebrenica exhumation programme, Bosnia and Herzegovina, 1996”76

76 Icty.org. "ICTY - TPIY : Gallery." ICTY Press Release, Gallery. Web, http://www.icty.org/sections/Press/Gallery (accessed 3 Jan 2014).

“Srebrenica exhumation programme, Bosnia and Herzegovina, 1996”77

77 Ibid

“Ligature used to bind victims’ hands in Srebrenica, unearthed during an exhumation in Srebrenica, Bosnia and Herzegovina.”78

78 Ibid

“Bodies of people killed in April 1993 around Vitez, Bosnia and Herzegovina”79

79 Ibid

“Aerial photo depicting destroyed mosques around Foča, Bosnia and Herzegovina”80

80 Ibid

“Bosniak woman killed in the Dobrinja massacre on 4 February 1994.”81

81 Genocide, Bosnian. "Photos of Bosnian Genocide Victims in the Siege of Sarajevo (1992-95)." 1992. http://bosniangenocide.wordpress.com/2011/07/21/photos-of-bosniangenocide-victims-in-the-siege-of-sarajevo-1992-95/ (accessed 3 Jan 2014).

Omarska and Keraterm concentration camp82

82 "Ratko Mladic's arrest is a hollow victory in a country that refuses to apologise." 2011. http://www.theguardian.com/commentisfree/2011/may/28/ratko-mladic-bosnia-ed-vulliamy (accessed 3 Jan 2014).

48 DOCUMENTS:

• Excerpt from Mladić’s personal diary https://s3.amazonaws.com/s3.documentcloud.org/documents/282177/july-14- 1995-mladic-diary-typed-and-translated.pdf83 http://srebrenicamassacre1995.wordpress.com/2009/06/08/ratko-mladic- diaries/84

83 Dobbs, Michael. "Mladic diary (typed and translated)" Foreign Policy (1995). https://archive.org/details/282177-july-14-1995-mladic-diary-typed-and-translated (accessed 3 Jan 2014). 84 Srebrenica Massacre. "RATKO MLADIC DIARIES." 2009. http://srebrenicamassacre1995.wordpress.com/2009/06/08/ratko-mladic-diaries/ (accessed 3 Jan 2014).

51 May 30, 1992 SERBIAN GUNNERS POUND SARAJEVO

By CHUCK SUDETIC, BELGRADE, Yugoslavia, May 29— Defying international threats of sanctions against Belgrade, Serbian forces in Bosnia and Herzegovina pounded Sarajevo with artillery and rocket fire early today in the heaviest bombardment the capital of the war- torn republic has faced, and kept up the shelling throughout the day, officials and witnesses there said.

At least six people were reported killed in Sarajevo and scores more wounded in the latest barrages, officials in the city said. Serbian gunners also shelled the ancient Croatian port of Dubrovnik for the first time since December, damaging the stone tower that guards the old city's harbor.

The president of the self-styled Serbian Republic of Bosnia and Herzegovina, Radovan Karadzic, said economic sanctions now being drawn up by the United Nations, United States and European Community against the rump federal Government of Yugoslavia in Belgrade would not stop the fighting in Bosnia and Herzegovina.

"No threat of sanctions will make the Serbs accept domination," Mr. Karadzic said, denying that the Belgrade Government was involved in the Bosnian Serbs' battle against the Croatian and Muslim Slav forces in Bosnia and Herzegovina.

Western diplomats link Serbia's Communist leader, Slobodan Milo sevic, and elements of the Serb-led federal Yugoslav Army with Mr. Kara dzic's party, the Serbian Democratic Party. The Serbian forces in Bosnia have overrun more than 60 percent of the republic and carried out what they call "ethnic cleansing" operations, expelling thousands of Muslim Slavs. .

The fighting in Bosnia and Herzegovina has left an estimated 2,300 people dead and 7,700 wounded, and driven more than 700,000 from their homes.

The Serbs' main attack on Sarajevo began before midnight local time Thursday and lasted about four hours, witnesses said. Intermittent shelling of the city continued all day today.

The bombardment damaged two mosques and tore through dozens of houses, stores and office buildings, including the presidency building. Fires ignited by the shells damaged several office towers, a tobacco factory and the arena where figure skaters competed in the 1984 Winter Olympics.

At least 10 shells hit the main radio and television broadcast center, which the Serbs have been trying to disable throughout their two-month campaign to carve up Bosnia and Herzegovina and partition Sarajevo itself.

52 "I cannot believe that Stalingrad was any worse than this," said Sulejman Sulic, a member of Bosnia and Herzegovina's Parliament, referring to the World War II battle between Soviet and German forces that raged for nearly five months, cost both sides hundreds of thousands of casualties and razed the city. "The center of the city is like a ghost town, with stone fragments, shards of roof tiles and broken glass all over."

Western diplomats and local officials link the bombardment with the continuing blockade of the Marshal Tito Barracks in central Sarajevo by pro-Government forces, which consist mostly of Muslim Slavs and Croats but also many loyalist Serbs.

Sarajevo residents received a warning to return to shelters at about 3:30 P.M. The warning came after the commander of the army of the Bosnian Serbs, Gen. Ratko Mladic, told the Sarajevo Government that his forces would level the capital if pro- Government militiamen did not allow federal Yugoslav Army troops to leave a barracks in Sarajevo with their weapons.

General Mladic insists that the Yugoslav Army officers, soldiers and civilians inside the barracks be allowed to leave with their heavy weaponry, a Western diplomat said. But officials in Bosnia and Herzegovina asserted that the general was dragging out the barracks evacuation in order to give his forces time to secure a corridor from Serbian positions to the barracks, a move that would virtually enable the Serbs to cut Sarajevo in half.

Most of Bosnia and Herzegovina's 1.4 million Eastern Orthodox Serbs oppose the republic's independence and support the formation of the republic of Bosnian Serbs, which would be linked to the new rump Yugoslavia.

Bosnia and Herzegovina's 1.9 million Muslim Slavs and most of its 750,000 Croats favor independence.

The army of the Bosnian Serbs consists of ill-disciplined local militias, volunteers from Serbia itself, and about 80,000 Bosnian Serbs who were members of the Yugoslav Army until it withdrew from the republic this month.85

85 Sudetic, Chuck. "Serbian Gunners Pound Sarajevo." The New York Times (New York City), May 30, 1992. http://www.nytimes.com/1992/05/30/world/serbian-gunners-pound- sarajevo.html (accessed January 3, 2014).

53 May 8, 1993 CONFLICT IN THE BALKANS CONFLICT IN THE BALKANS; 2 MAJOR MOSQUES BLOWN UP BY SERBS

By STEPHEN KINZER, BELGRADE, Yugoslavia, May 7— In an assault that seemed a calculated gesture of defiance, Bosnian Serbs blew up two historic mosques in the northern Bosnian town of Banja Luka today.

The ornately decorated Ferhad-Pasha Mosque, one of those blown up, dated from 1583 and was considered one of the most beautiful in the Balkans. Also destroyed was the town's other principal mosque, Arnaudija, which was built in 1587.

In Belgrade, the Yugoslav President, Dobrica Cosic, issued a statement denouncing the bombings. It was thought to be the first time he has condemned an act attributed to Serbian fighters in Bosnia and Herzegovina. 'The Final Warning'

Mr. Cosic called the bombings an "act of barbarity," and said they constituted "the final warning to all reasonable and responsible people on all warring sides to act resolutely, immediately and with all means at their disposal to stop the war and destruction."

By contrast, neither Mr. Cosic nor any other official in Belgrade offered any comment when five mosques were blown up in a single night last month in the town of Bijeljina.

Details from Banja Luka, which is controlled by Bosnian Serbs, were scarce today, although the tactic of destroying mosques has been used often in the war to try to demoralize Muslims.

A spokesman for the United Nations High Commissioner for Refugees, Ron Redmond, told Reuters in Geneva, "This, to the UNHCR, just underscores the ethnic hatred in Banja Luka, and the extreme elements who are working there are still trying to frighten the population." Political leaders in Belgrade broke publicly with the Bosnian Serb leadership on Thursday after the self-appointed Bosnian Serb parliament voted to reject a peace plan that had been strongly endorsed by both Mr. Cosic and the Serbian President, Slobodan Milosevic. The Yugoslav and Serbian Governments announced that they were cutting off military and logistical support for their allies in Bosnia.

Officials in foreign capitals who are preparing possible military intervention against the Bosnian Serbs have suggested that they might aim some of their attacks at targets in Serbia. Mr. Cosic and Mr. Milosevic hope they can avoid such attacks by showing that they no longer support the fighters whom they armed and organized last year.

54 Bosnian Serb leaders expressed no signs of regret today. Their political chief, Radovan Karadzic, asserted in a television interview that Bosnian Serb voters would "absolutely not" approve the peace plan in a referendum scheduled for May 15-16. Anti-Serb Campaign Seen

Gen. Ratko Mladic, the senior Bosnian Serb commander, said that even if the peace plan had been accepted, Western powers would not have abandoned what he described as their campaign to wipe out Serbia and its allies.

"On the basis of my experience so far, I believe that nothing would have changed," General Mladic told a Belgrade newspaper. "What is at stake is an attempt to divide the Orthodox world, even to the point of complete annihilation. Regardless of what we decide, the world will continue to carry out its infernal plan."

Officials in nearby countries fear that if a bombing campaign against Bosnian Serbs begins, General Mladic could retaliate by firing missiles at foreign targets. The Yugoslav Army is equipped with missiles that could reach neighboring capitals, and some analysts believe army commanders may have sent some of them to their Bosnian compatriots.

In eastern Bosnia today, Serbian fighters reportedly staged new assaults on the eastern town of Zepa, one of the area's last remaining Muslim strongholds. A ham radio operator in Zepa reported that the town was being pounded by tank and artillery bombardment. He said that more than 200 civilians had been killed since the current round of attacks began on Tuesday. U.N. Names 'Safe Havens'

The report could not be confirmed because Serbian fighters have prevented United Nations observers from reaching Zepa. It is one of five Bosnian towns designated as demilitarized "safe havens" by the United Nations Security Council on Thursday.

[ Lieut. Gen. Philippe Morillon said on Saturday that the commander of the Bosnian Serb army had signed an accord for the deployment of United Nations military observers and troops to the besieged enclaves of Zepa and Gorazde, Reuters reported. General Morillon, the commander of United Nations forces in Sarajevo, said Gen. Ratko Mladic had signed the agreement allowing deployments to Zepa on Saturday and Gorazde on Sunday. ]

Under the Security Council resolution, provision was made for the deployment of 50 observers in each of the fivetowns. Cedric Thornberry, deputy director of the United Nations Protection Force in Bosnia and Herzegovina, said today that the job would not be easy to accomplish with such "extremely limited resources."

Mr. Thornberry also reiterated his opposition to the use of foreign military force against Bosnian Serbs. Such a policy, he said, would further harden the position of Bosnian Serb leaders, who voted on Thursday to reject the peace plan devised by a United Nations-European Community mediation team led by Cyrus R. Vance and Lord Owen.

55 "After hearing the news that the Pale assembly had voted against the Vance-Owen plan with just two dissenting votes," Mr. Thornberry said, "I asked myself what would have happened if the question before them was, 'Do you want to fight the entire international community?' My conviction is if that had been the question, everyone would have voted yes. There would not have been two dissenting votes."

"To me it is an inherent contradiction that you can impose by force a long-term and durable solution to deep-seated intercommunal problems," he added.

In London, Lord Owen urged foreign powers to wait to see the effect of Belgrade's announced aid cutoff before conducting military attacks. BALKAN UPDATE

President Clinton met with European allies yesterday in WASHINGTON and plans further discussions over the weekend in search of a common policy on how to approach the war in BOSNIA. Mr. Clinton remains optimistic that an allied compromise plan can be struck to end the fighting in Bosnia.

Bosnian Serbs leveled two historic mosques in the northern Bosnian town of BANJA LUKA, an action that brought strong criticism from BELGRADE. The President of YUGOSLAVIA denounced the bombing, and he and the President of SERBIA both say they are distancing themselves from the Bosnian Serbs whose campaign they have supported.

In SARAJEVO, a leader of the Bosnian Serbs promised that his forces would respect the six "safe areas" created by the United Nations. At the same time, Serbian forces continued to hammer ZEPA, one of the Security Council's designated areas, where more than 500 people reportedly were killed or wounded in just four days.86

October 29, 1995 Srebrenica: A U.N. 'Safe Haven' That Soon Was Not

When the Bosnian war erupted in April 1992, Bosnian Serb forces swept the Muslims from most of eastern Bosnia in a rampage of "ethnic cleansing" and random killing. Most of the region's remaining Muslims crowded into three small communities: Srebrenica, Zepa and Gorazde.

A year later, Bosnian Serb forces advanced on Srebrenica. Gen. Philippe Morillon, the commander of United Nations forces in Bosnia, made his way into the town, hoisted a

86 Kinzer, Stephen. "Conflict In The Balkans; 2 Major Mosques Blown Up By Serbs." The New York Times (New York City), May 8, 1993, Sec. World. http://www.nytimes.com/1993/05/08/world/conflict-in-the-balkans-2-major-mosques-blown- up-by-serbs.html (accessed January 3, 2014).

56 United Nations flag above a makeshift headquarters and vowed not to leave until the inhabitants were safe.

From this resolute gesture grew the United Nations Security Council's commitment to make Srebrenica a city of refuge, the first of six internationally protected "safe areas" in Bosnia. Boutros Boutros-Ghali, the United Nations Secretary General, said in June 1993 that 34,000 troops were needed to protect all six. When that brought howls of protest from European nations, he scaled the request back to a "light" option of only 7,600 soldiers.

"It sounds good -- 'safe areas,' " said an American military officer serving in NATO. But the peacekeepers "were little more than observers," he said, adding: "They didn't have the firepower. The truth is the safe areas were always a myth."

Thousands fled to the safe haven of Srebrenica. A 14th-century silver-mining town in a steep valley, home to about 8,000 people before the war, it held 38,000 people this spring, most of them crammed into prefabricated concrete apartments and makeshift shelters without water or electricity.

It was neither safe nor a haven. Bosnian Serbs often shelled the town and barred food convoys. People subsisted on roots, berries and vegetables eked from hardscrabble hillside plots. Bosnian Government soldiers defending the town grandly called themselves the 28th Division. In fact, they were a hollow force of 2,000 men armed with machine guns, a handful of anti-tank weapons and wooden clubs. Backing them up was a lightly armed Dutch battalion of about 300 United Nations peacekeepers.

The Bosnian soldiers in Srebrenica conducted raids against Bosnian Serb villages, a tactic some townspeople saw as suicidally stupid because it invited retaliation. The attacks infuriated the Serbs, particularly Gen. Ratko Mladic, the Bosnian Serb commander, and in July his troops swept into Srebrenica, expelled the Dutch peacekeepers and took over the town.87

Fighting Escalates in Sarajevo Area Despite Accord May 29, 1993|From Associated Press SARAJEVO, Bosnia-Herzegovina — A new accord on demilitarizing Sarajevo appeared to be headed nowhere Friday as the Bosnian capital shook under more heavy shelling and sniper fire.

87 The New York Times (New York City), "Srebrenica: A U.N. 'Safe Haven' That Soon Was Not," October 29, 1995, sec. World. http://www.nytimes.com/1995/10/29/world/srebrenica-a- un-safe-haven-that-soon-was-not.html (accessed January 3, 2014).

57 Bosnian Serb Gen. Ratko Mladic, who commands most of the heavy guns, did not even show up for talks on the agreement, apparently because of a battle southeast of the city.

The fighting in Sarajevo and towns north of the capital was some of the heaviest since a May 9 cease-fire was signed by ethnic Serbian and Muslim-led government forces.

Late Friday, Sarajevo radio said Bosnian Serb infantry backed by tanks and artillery launched an assault near Gorazde, a Muslim enclave 28 miles southeast of the capital.

More than 1,000 shells hit government positions within two hours, according to the report. It could not be independently confirmed.

The Bosnian government military commander, Gen. Sefer Halilovic, and the chief of Bosnian Croat forces, Gen. Milivoj Petkovic, signed an agreement at Sarajevo's airport on the withdrawal of heavy weapons around the city.

But the vast majority of such guns are controlled by Mladic, who has commanded the 13-month-old siege of Sarajevo. The accord has no chance of success without his consent.

French Gen. Philippe Morillon, commander of U.N. forces in Bosnia-Herzegovina, said the documents would be forwarded to Mladic for signing, although probably not until Tuesday.88

ABC Pulls News Crew Out of Sarajevo: Television: Producer David Kaplan is the first American journalist to be killed in Bosnia-Herzegovina conflict. August 14, 1992|SHARON BERNSTEIN | SPECIAL TO THE TIMES ABC News had decided in mid-July that Sarajevo was too dangerous to send its reporters, and was working with a British free-lance journalist there instead, when the opportunity came up for producer David Kaplan and correspondent Sam Donaldson to travel into the war-ravaged city with the prime minister of Yugoslavia.

The decision to send an ABC contingent--who were traveling with Prime Minister Milan Panic to United Nations regional headquarters for peace talks--cost Kaplan his life Thursday, and stunned fellow journalists.

"Sam (Donaldson) was offered by the Serbian prime minister to go in with him for these talks," said Joanna Bistany, vice president and assistant to the president of ABC News. "There was some discussion and it was decided that they could go. . . . The feeling was

88 Associated Press. "Fighting Escalates in Sarajevo Area Despite Accord." The Los Angeles Times, May 29, 1993. http://articles.latimes.com/1993-05-29/news/mn- 41286_1_sarajevo-radio (accessed January 3, 2014).

58 that they would be with the prime minister, that they would be in a protected situation."

Kaplan was shot in the stomach in an area of Sarajevo known as Sniper Alley, on the way into town from Sarajevo airport. He was the 25th journalist--although the first American journalist--to be killed in the region since the Yugoslav Federation disintegrated into civil war in June, 1991, according to the Committee to Protect Journalists, a New York-based organization that tracks journalists' deaths. Others have put the number of journalists killed at 30.

In the wake of the killing, ABC and CBS said that they will stick to their informal practice of stationing reporters in Belgrade, the Serbian capital and the capital of the former Yugoslav federation, while relying on free-lancers and pool reports from Sarajevo.89

Shelling Kills 11 at Sarajevo Soccer Game: Bosnia: U.N. 'havens' are proving less than safe. Disease in Srebrenica drives many to risky escape attempts.

June 02, 1993|CAROL J. WILLIAMS | TIMES STAFF WRITER SARAJEVO, Bosnia-Herzegovina — Heavy shelling from Serbian positions killed at least 11 people and wounded dozens at a soccer match Tuesday in a suburb of this capital city that the United States and European allies have designated a "safe haven."

In Srebrenica, another of the six designated sanctuaries for embattled Bosnian Muslims, deprivation and disease have become so pervasive that thousands of desperate Muslims are braving fire from encircling Serbian artillery in an attempt to escape, U.N. relief officials and Bosnian media reported.

And in Gorazde, another of the enclaves, U.N. troops have been blocked from approaching the city by the Serbian forces waging a massive offensive to conquer it.

As U.N. officials and Western leaders fine-tune their "safe havens" concept, the war raging around the proposed places of refuge has called the plan's viability into question and convinced its intended beneficiaries that their future in the crowded and war-damaged reservations would be decidedly unsafe.

89 Bernstein, Sharon. "ABC Pulls News Crew Out of Sarajevo : Television: Producer David Kaplan is the first American journalist to be killed in Bosnia-Herzegovina conflict." The Los Angeles Times, August 14, 1992. http://articles.latimes.com/1992-08-14/entertainment/ca- 5332_1_producer-david-kaplan (accessed January 3, 2014).

59 The Washington-drafted "action plan" on Bosnia makes no provision for silencing or removing the Serbian guns dug into the mountain ridges that cradle Sarajevo. Attacks like the morning shelling of the soccer game in the suburb of Dobrinja could continue even after the U.N. Protection Force beefs up the number of troops deployed in the city.

About 200 people had gathered on a Muslim holiday to watch a soccer game being played on an asphalt parking lot when two shells, possibly from mortars, dropped on them. Participants told news agencies that they had counted on buildings surrounding the parking lot to afford some protection, and some said they had hoped that the enemy would respect the holiday.

Reports varied on the toll: Bosnian television said 15 people were killed while other sources reported 11. The wounded numbered between 80 and 100, with one physician at the local hospital saying that 25 of those had "life-threatening injuries."

The attack was one of the worst on civilians since the "bread-line massacre" a year ago, when at least 16 people were killed while waiting in line for bread in Sarajevo.

None of the 9,000 U.N. soldiers already dispersed throughout Bosnia can prevent such attacks. They have the right to use force only to defend themselves, and there has been little talk of extending protection to non-U.N. targets when a few thousand more troops arrive to patrol the new havens here and in the predominantly Muslim towns of Gorazde, Bihac and Tuzla.

U.N. troops are already deployed to the other havens, Srebrenica and Zepa. But the anarchy and suffering afflicting those being protected in Srebrenica have discredited the West's policy in the eyes of the victims it was proposed to defend.

Srebrenica, an old silver-mining town in eastern Bosnia that has been heavily damaged by the Serbian artillery still surrounding it, is without water, electricity or sanitation. Many of the 20,000 Muslim refugees "ethnically cleansed" from other areas are living in the open because the Serbian rebels refuse to let relief agencies bring in tents.

Cmdr. Barry Frewer, spokesman here for the U.N. Protection Force, said conditions are so unbearable and daily life is such a struggle that large numbers of those in the town have tried to cross through the cordon of U.N. peacekeepers in a gamble that they can make the trek through 45 miles of Serbian-held territory to the city of Tuzla.

"Some refugees are trying to break out, with the intention of moving to Tuzla," Frewer said of those fleeing Srebrenica, where thousands, infested with body lice and pocked with scabies, live on the streets and fight each other for scarce water and food delivered by U.S. airdrops.

60 Frewer said he could not estimate the number of people who had crossed the U.N. lines, but Sarajevo media said several thousand had decided their chances of survival were better outside the diseased enclave than in it.

Tuzla is the only one of the proposed sanctuaries not subject to continuous siege, and it is already overwhelmed by more than 200,000 refugees. The others are dependent on foreign food aid that reaches them only sporadically because it must be carried across Serbian siege lines and is often stolen or turned away.

Sarajevo has nearly 400,000 holdouts; about 300,000 are isolated in the northwestern enclave around Bihac; and there are 70,000 residents and refugees in Gorazde, where Serbian gunmen have allowed neither aid convoys nor U.N. monitors for weeks.

The Sarajevo daily Oslobodjenje described an all-out Serbian offensive against Gorazde in its Tuesday edition, quoting sources reached by radio that 10,000 shells had been fired on the town in the last few days.

Oslobodjenje said 30 civilians had been killed in shelling of two villages near Gorazde, but claimed that the death toll among rebel Serbian fighters was much heavier than those suffered by Bosnian government forces--50 compared with six.

Five U.N. military observers who sought to reach Gorazde on Monday were turned back at the Serbian rebel stronghold of Pale, only 10 miles outside Sarajevo. Frewer said U.N. headquarters here has been informed that it must await written permission from Bosnian Serb military officials before proceeding toward Gorazde.

"In the meantime we have no independent witness or verification of what is going on in Gorazde," he said.

U.N. troops assigned to Bosnia are heavily deployed in troubled areas in the center of the republic, where Croatian forces have been attempting for two months to expand the territory they hold by driving out Muslims who for most of this war were their allies.

Those bitter clashes have flared repeatedly and inspired acts of revenge, all of which has endangered the U.N. troops, aid workers and journalists traveling through the volatile area.

Three Italians--two relief volunteers and a journalist--were reported shot to death when their convoy was held up near Gornji Vakuf two days ago. U.N. sources said survivors of the ambush described the gunmen as wearing emblems of the Bosnian government, which subsequently denied responsibility for the attack.

Two Danish aid workers and a Bosnian interpreter were killed Tuesday in an area under the control of Bosnian Serbs, near the northern Bosnian city of Maglaj. Five other Danish drivers were wounded, one seriously.

61 Bosnian Croat extremists have been blamed for most of the violence in the central region.

On Monday, U.N. troops patrolling the Gornji Vakuf area interrupted an ambush by about 50 Croatian fighters who had halted an aid convoy headed for Muslim areas, Frewer said. After beating one of the drivers and setting mines around the trucks to detain their convoy, the Croats planted ammunition in the cargo, then filmed themselves searching and discovering it "for obvious propaganda purposes," Frewer said.

He detailed a litany of robberies, attacks, house-burnings and expulsions, noting with each incident that U.N. forces are permitted by their Security Council mandate to do nothing except try to negotiate.

"Our mandate has evolved to such an extent that it is in need of some realignment of the priorities," the spokesman said. "I'm not saying we necessarily have to use force, but we need an agreement that will give us at least a response capability."90

90 Williams, Carol J.. "Shelling Kills 11 at Sarajevo Soccer Game : Bosnia: U.N. 'havens' are proving less than safe. Disease in Srebrenica drives many to risky escape attempts." The Los Angeles Times, June 2, 1993. http://articles.latimes.com/1993-06-02/news/mn- 42545_1_safe-havens (accessed January 3, 2014).

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