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In this July 24, 1995 indictment, Bosnian Serb leader Radovan Karadzic and army commander General Ratko Mladic are charged with genocide, crimes against humanity, and violations of the customs of war.
INDICTMENT
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER
YUGOSLAVIA
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
RADOVAN KARADZIC
RATKO MLADIC
INDICTMENT
Richard J. Goldstone, Prosecutor of the International
Criminal Tribunal for the Former Yugoslavia, pursuant to his
authority under Article 18 of the Statute of the
International Criminal Tribunal for the Former Yugoslavia
("The Statute of the Tribunal"), charges:
THE ACCUSED
1. RADOVAN KARADZIC was born on 19 June 1945 in the
municipality of Savnik of the Republic of Montenegro. From
on or about 13 May 1992 to the present, he has been
president of the Bosnian Serb administration in Pale.
2. RATKO MLADIC was born on 12 March 1943 in the
municipality of Kalinovik of the Republic of Bosnia and
Herzegovina. He is a career military officer and holds the
rank of general in the Bosnian Serb armed forces. From on or
about 14 May 1992 to the present, he has been the commander
of the army of the Bosnian Serb administration.
SUPERIOR AUTHORITY
RADOVAN KARADZIC
3. RADOVAN KARADZIC was a founding member and president of
the Serbian Democratic Party (SDS) of what was then the
Socialist Republic of Bosnia and Herzegovina. The SDS was
the main political party among the Serbs in Bosnia and
Herzegovina. As president of the SDS, he was and is the most
powerful official in the party. His duties as president
include representing the party, co-ordinating the work of
party organs and ensuring the realisation of the
programmatic tasks and goals of the party. He continues to
hold this post.
4. RADOVAN KARADZIC became the first president of the
Bosnian Serb administration in Pale on or about 13 May 1992.
At the time he assumed this position, his de jure powers, as
described in the constitution of the Bosnian Serb
administration, included, but were not limited to,
commanding the army on the Bosnian Serb administration in
times of war and peace and having the authority to appoint,
promote and discharge officers of the army.
5. In addition to his powers described in the constitution,
RADOVAN KARADZIC'S powers as president of the Bosnian Serb
administration are augmented by Article 6 of the Bosnian
Serb Act on People's Defence which vested in him, among
other powers, the authority to supervise the Territorial
Defence both in peace and war and the authority to issue
orders for the utilisation of the police in case of war,
immediate threat and other emergencies. Article 39 of the
same Act empowered him, in cases of imminent threat of war
and other emergencies, to deploy Territorial Defence units
for the maintenance of law and order.
6. RADOVAN KARADZIC'S powers are further augmented by
Article 33 of the Bosnian Serb Act on Internal Affairs,
which authorised him to activate reserve police in emergency
situations.
7. RADOVAN KARADZIC has exercised the powers described above
and has acted and been dealt with internationally as the
president of the Bosnian Serb administration in Pale. In
that capacity, he has, inter alia, participated in
international negotiations and has personally made
agreements on such matters as cease-fires and humanitarian
relief that have been implemented.
RATKO MLADIC
8. RATKO MLADIC was, in 1991, appointed commander of the 9th
Corps of the Yugoslav People's Army (JNA) in Knin in the
Republic of Croatia. Subsequently, in May 1992, he assumed
command of the forces of the Second Military District of the
JNA which then effectively became the Bosnian Serb army. He
holds the rank of general and from about 14 May 1992 to the
present, has been the commander of the army of the Bosnian
Serb administration.
9. RATKO MLADIC has demonstrated his control in military
matters by negotiating, inter alia, cease-fire and prisoner
exchange agreements; agreements relating to the opening of
Sarajevo airport; agreements relating to access for
humanitarian aid convoys; and anti-sniping agreements, all
of which have been implemented.
GENERAL ALLEGATIONS
10. At all times relevant to this indictment, a state of
armed conflict and partial occupation existed in the
Republic of Bosnia and Herzegovina in the territory of the
former Yugoslavia.
11. All acts or omissions herein set forth as grave breaches
of the Geneva Conventions of 1949 (hereafter "grave
breaches") recognised by Article 2 of the Statute of the
Tribunal occurred during that armed conflict and partial
occupation.
12. In each paragraph charging crimes against humanity,
crimes recognised by Article 5 of the Statute of the
Tribunal, the alleged acts or omissions were part of a
widespread, systematic or large-scale attack directed
against a civilian population.
13. The term "UN peacekeepers" used throughout this
indictment includes UN military observers of the United
Nations.
14. The UN peacekeepers and civilians referred to in this
indictment were, at all relevant times, persons protected by
the Geneva Conventions of 1949.
15. The accused in this indictment were required to abide by
the laws and customs governing the conduct of war, including
the Geneva Conventions of 1949.
CHARGES
16. The charges set forth in this indictment are in three
parts:
Part I of the indictment, Counts 1 to 9, charges a crime of
genocide, crimes against humanity and crimes that were
perpetrated against the civilian population and against
places of worship throughout the territory of the Republic
of Bosnia and Herzegovinia.
Part II of the indictment, Counts 10 to 12, charges crimes
relating to the sniping campaign against civilians in
Sarajevo.
Part III of the indictment, Counts 13 to 16, charges crimes
relating to the taking of UN peacekeepers as hostages.
PART I
COUNTS 1-2
(GENOCIDE)
(CRIME AGAINST HUMANITY)
17. RADOVAN KARADZIC and RATKO MLADIC, from April 1992, in
the territory of the Republic of Bosnia and Herzegovina, by
their acts and omissions, committed genocide.
18. Bosnian Muslim and Bosnian Croat civilians were
persecuted on national, political and religious grounds
throughout the Republic of Bosnia and Herzegovina. Thousands
of them were interned in detention facilities where they
were subjected to widespread acts of physical and
psychological abuse and to inhumane conditions. Detention
facility personnel who ran and operated the Omarska,
Keraterm and Luka detention facilities, among others,
including, but not limited to Zeljko Meakic (Omarska), Dusko
Sikirica (Keraterm) and Goran Jelisic (Luka), intended to
destroy Bosnian Muslim and Bosnian Croat people as national,
ethnic, or religious groups and killed, seriously injured
and deliberately inflicted upon them conditions intended to
bring about their physical destruction. The conditions in
the detention facilities, which are described in paragraphs
20-22 hereunder, are incorporated in full herein.
19. RADOVAN KARADZIC and RATKO MLADIC, between April 1992
and July 1995, in the territory of the Republic of Bosnia
and Herzegovina, by their acts and omissions, and in concert
with others, committed a crime against humanity by
persecuting Bosnian Muslim and Bosnian Croat civilians on
national, political and religious grounds. As set forth
below, they are criminally responsible for the unlawful
confinement, murder, rape, sexual assault, torture, beating,
robbery and inhumane treatment of civilians; the targeting
of political leaders, intellectuals and professionals; the
unlawful deportation and transfer of civilians; the unlawful
shelling of civilians; the unlawful appropriation and
plunder of real and personal property; the destruction of
homes and businesses; and the destruction of places of
worship.
DETENTION FACILITIES
20. As soon as military forces from Bosnia and elsewhere in
the former Yugoslavia began to attack towns and villages in
the Republic of Bosnia and Herzegovina, thousands of Bosnian
Muslim and Bosnian Croat civilians were systematically
selected and rounded up on national, ethnic, political or
religious grounds and interned in detention facilities
throughout the territory occupied by the Bosnian Serb.s.
These facilities include, but are not limited to:
Detention Facility -- Dates of existence
Omarska -- May- August 1992
Keraterm -- May- August 1992
Trnopolje -- May - December 1992
Luka -- May - July 1992
Manjaca -- Summer 1991 - December 1992
Susica -- June 1992 - September 1992
KP Dom Foca -- April - mid-1993
21. Many of these detention facilities were staffed and
operated by military and police personnel and their agents,
under the control of RADOVAN KARADZIC and RATKO MLADIC. In
addition, Bosnian Serb police and military interrogators had
unfettered access to all of the detention facilities and
operated in conjunction with the personnel in control of
these detention facilities. These facilities and personnel
include, but are not limited to:
Detention Facility -- Commander -- Guards
Omarska -- Zeljko Meakic (police) -- police/military
Keraterm -- Dusko Sikirica (police) -- police/military
Trnopolje -- Slobodon Kuruzovic (military) --
police/military
Luka -- Goran Jelisic (police) -- paramilitary
Manjaca -- Bozidar Popovic (military) -- military
Susica -- Dragan Nikolic (military) -- military
KP Dom Foca -- Milorad Krnojelac -- military
22. Thousands of Bosnian Muslim and Bosnian Croat civilians,
including women, children and elderly persons, were detained
in these facilities for protracted periods of time. They
were not afforded judicial process and their internment was
not justified by military necessity. They were detained, in
large measure, because of their national, religious and
political identity. The conditions in the detention
facilities were inhumane and brutal. Bosnian Serb military
and police personnel in charge of these facilities,
including Dragan Nikolic (Susica), Zeljko Meakic' (Omarska),
Dusko Sikirica (Keraterm) and other persons over whom they
had control, subjected the civilian detainees to physical
and psychological abuse, intimidation and maltreatment.
Detention facility personnel, intending to destroy Bosnian
Muslim and Bosnian Croat people as national, ethnic or
religious groups, killed, seriously injured and deliberately
inflicted upon them conditions intended to bring about their
physical destruction. Detainees were repeatedly subjected to
and/or witnessed inhumane acts, including murder, rape,
sexual assault, torture, beatings, robbery as well as other
forms of mental and physical abuse. In many instances, women
and girls who were detained were raped at the camps or taken
from the detention centres and raped or otherwise sexually
abused at other locations. Daily food rations provided to
detainees were inadequate and often amounted to starvation
rations. Medical care for the detainees was insufficient or
non-existent and the general hygienic conditions were
grossly inadequate.
TARGETING OF POLITICAL LEADERS, INTELLECTUALS AND
PROFESSIONALS
23. Particularly singled out for persecution by the Bosnian
Serb military, Bosnian Serb police and their agents, under
the direction and control of RADOVAN KARADZIC and RATKO
MLADIC, were civilian political leaders and members of the
primary Bosnian Muslim political party, the Party for
Democratic Action (SDA), and the principal Bosnian Croat
political party, the Croatian Democratic Union (HDZ), from
the cities of Prijedor, Vlasenica, Bosanski Samac and Foca,
amongst others. In many instances, lists identifying leaders
of the SDA and the HDZ were provided by the SDS to personnel
of the Bosnian Serb military, police and their agents. Using
these lists, Bosnian Muslim and Bosnian Croat political
leaders were arrested, interned, physically abused and, in
many instances, murdered. Some local SDA leaders who were
persecuted because of their political beliefs include, but
are not limited to, Muhamed Cehajic (Prijedor), Sulejman
Tihic (Bosanski Samac), and Ahmet Hadzic (Brcko).
24. In addition to persecutions of Bosnian Muslim and
Bosnian Croat political leaders, the Bosnian Serb military,
police and their agents systematically targeted for
persecution on national or religious grounds, Bosnian Muslim
and Bosnian Croat intellectuals and professionals in many
towns and villages including Prijedor, Vlasenica, Bosanski
Samac and Foca, among others. Individuals who were
persecuted include, but are not limited to Abdulah Puskar
(academic), Ziko Crnalic (businessman) and Esad Mehmedalija
(attorney) from Prijedor; Osman Vatic (attorney) from Brcko.
DEPORTATION
25. Thousands of Bosnian Muslims and Bosnian Croats from the
areas of Vlasenica, Prijedor, Bosanski Samac, Brcko and
Foca, among others, were systematically arrested and
interned in detention facilities established and maintained
by the Bosnian Serb military, police and their agents and
thereafter unlawfully deported or transferred to locations
inside and outside of the Republic of Bosnia and
Herzegovina. In addition, Bosnian Muslim and Bosnian Croat
civilians, including women, children and elderly persons,
were taken directly from their homes and eventually used in
prisoner exchanges by Bosnian Serb military and police and
their agents under the control and direction of RADOVAN
KARADZIC and RATKO MLADIC. These deportations and others
were not conducted as evacuations for safety, military
necessity or for any other lawful purpose and have, in
conjunction with other actions directed against Bosnian
Muslim and Bosnian Croat civilians, resulted in a
significant reduction or elimination of Bosnian Muslims and
Bosnian Croats in certain occupied regions.
SHELLING OF CIVILIAN GATHERINGS
26. Beginning in July 1992 and continuing through to July
1995, Bosnian Serb military forces, under the direction and
control of RADOVAN KARADZIC and RATKO MLADIC, unlawfully
fired on civilian gatherings that were of no military
significance in order to kill, terrorise and demoralise the
Bosnian Muslim and Bosnian Croat civilian population. These
incidents include, but are not limited to the following:
Location/Type of Civilian Gathering - Municipality - Date -
Casualties
Sarajevo (picnic) - Sarajevo - 03/07/92 - 10
Sarajevo (airport) - Sarajevo - 11/02/93 - 4
Srebrenica (playground) - Srebrenica - 12/4/93 - 15
Dobrinja (soccer game) - Sarajevo - 01/06/93 - 146
Dobrinja (water line) - Sarajevo - 12/07/93 - 27
Sarajevo (residential street) - Sarajevo - 28/11/93 - 11
Ciglane Market (fruit market) - Sarajevo - 06/12/93 - 20
Alipasino Polje (children playing) - Sarajevo - 22/01/94 -
10 Cetinjska St (children playing) - Sarajevo - 26/10/94 -
7 Sarajevo (Livanjska Street) - Sarajevo - 08/11/94 - 7
Sarajevo (flea market) - Sarajevo - 22/12/94 - 9
Tuzla (plaza) - Tuzla - 24/05/95 - 195
APPROPRIATION AND PLUNDER OF PROPERTY
27. Shortly after armed hostilities broke out in the
Republic of Bosnia and Herzegovina, Bosnian Serb forces
quickly suppressed armed resistance in most villages and
cities. During and after the course of consolidating their
gains, Bosnian Serb military and police personnel, and other
agents of the Bosnian Serb administration, under the
direction and control of RADOVAN KARADZIC and RATKO MLADIC,
systematically and wantonly appropriated and looted the real
and personal property of Bosnian Muslim and Bosnian Croat
civilians. The appropriation of property was extensive and
not justified by military necessity. It occurred from April
1992 to January 1993 in the municipalities of Prijedor,
Vlasenica, and Bosanski Samac, among others.
28. The appropriation and looting of said property was
accomplished in the following manner and by the following
means, among others:
A. Thousands of Bosnian Muslim and Bosnian Croat civilians
were forced into detention facilities where they remained
for protracted periods of time. Upon entering these
internment facilities, the personnel who ran the internment
facilities systematically stole the personal property of the
detainees, including jewelry, watches, money and other
valuables. The detainees were rarely provided receipts for
the property taken from them or given their property back
upon their release.
B. Civilians interned in these camps witnessed and/or were
subjected to physical and psychological abuse. After
witnessing or experiencing serious abuse, thousands of
internees were forcibly transferred from these camps to
locations inside and outside the Republic of Bosnia and
Herzegovina. Before being forcibly transferred, many
detainees were compelled to sign official Bosnian Serb
documents wherein they "voluntarily" relinquished to the
Bosnian Serb administration title to and possession of their
real and personal property.
C. In many instances, Bosnian Muslim and Bosnian Croat
civilian detainees were taken from internment camps to their
homes and businesses and forced to turn over to their
escorts money and other valuables. In other instances, they
were used as labourers to load property from Bosnian Muslim
and Bosnian Croat homes and businesses onto trucks for
transportation to parts unknown. This occurred with the
consent and approval of those in control of the detention
facilities.
D. Many Bosnian Muslim and Bosnian Croat civilians who were
not interned in camps were forced to stay in their
communities where they were subjected to physical and
psychological abuse from Bosnian Serb military and police
and their agents, paramilitary forces and lawless elements
of the Bosnian Serb community. Conditions for many became
intolerable and they left. Before leaving, many civilians
were compelled to sign official Bosnian Serb documents
wherein they "voluntarily" relinquished to the Bosnian Serb
administration their rights to their real and personal
property. In some cases, Bosnian Muslim and Bosnian Croat
civilians who left their communities were permitted to take
with them limited amounts of personal property and money,
but even that property was stolen from them at Bosnian Serb
checkpoints or at other locations.
E. In many instances during and after the Bosnian Serb
military take-over of towns and villages, Bosnian Serb
military, police and their agents, entered the homes of
non-Serb civilians and plundered the personal property of
non-Serb civilians.
DESTRUCTION OF PROPERTY
29. Persecution throughout the occupied territory by Bosnian
Serb military, police and their agents, or third parties
with their acquiescence, involved the systematic destruction
of Bosnian Muslim and Bosnian Croat homes and businesses.
These homes and businesses were singled out and
systematically destroyed in areas where hostilities had
ceased or had not taken place. The purpose of this unlawful
destruction was to ensure that the inhabitants could not and
would not return to their homes and communities. The cities,
villages and towns, or Bosnian Muslim and Bosnian Croat
portions thereof, where extensive destruction of property
occurred include, but are not limited to the following:
Town/Village - Municipality - Approximate dates of
destruction
Grebnice - Bosanski Samac - 19-22 April 1992
Hrvatcka Tisina - Bosanski Samac - 19-22 April 1992
Hasici - Bosanski Samac - 19-22 April 1992
Derventa - Derventa - 4 April 1992
Vijaka - Derventa - 4 April 1992
Bosanski Brod - Bosanski Brod - 3 March 1992
Odzak - Odzak - July 1992
Modrica - Modrica - Late April 1992
Vidovice - Orasje - 29 April and 4 May 1992
Gradacac - Gradacac - mid-1992
Piskavice - Vlasenica - 22 April 1992
Gobelje - Vlasenica - 28 April 1992
Turalici - Vlasenica - 28 April 1992
Djile - Vlasenica - 1-3 May 1992
Pomol - Vlasenica - 1 May 1992
Gaj - Vlasenica - 1 May 1992
Besici - Vlasenica - 1 May 1992
Nurici - Vlasenica - 1 May 1992
Vrsinje - Vlasenica - 1 May 1992
Dzamdzici - Vlasenica - 8 May 1992
Pivici - Vlasenica - 11 May 1992
Hambarine - Prijedor - 23 May 1992
Ljubija - Prijedor - 23 May 1992
Kozarac - Prijedor - 24 May 1992
Biscani - Prijedor - 20 July 1992
Carakovo - Prijedor - 20 July 1992
Rizvanovici - Prijedor - 20 July 1992
Sredice - Prijedor - 20 July 1992
Zikovi - Prijedor - 20 July 1992
DESTRUCTION OF SACRED SITES
30. Muslim and Catholic places of worship were
systematically damaged and/or destroyed by Bosnian Serb
military forces and others. In many instances, where no
military action had taken place or had ceased, these sacred
sites were also damaged ,and/or destroyed. These places of
worship include, but are not limited to those mentioned in
paragraph 37 of this indictment. Bosnian Serb military and
police forces failed to take reasonable and necessary
measures to ensure that these religious sites would be
protected.
31. The events described above were directed against Bosnian
Muslim and Bosnian Croat civilians. Individually and
collectively, these actions taken by or on behalf of the
Bosnian Serb administration, have been on such a large scale
and implemented in such a systematic way that they have
destroyed, traumatised or dehumanised most aspects of
Bosnian Muslim and Bosnian Croat life in those areas where
the Bosnian Serb administration has taken control.
32. RADOVAN KARADZIC and RATKO MLADIC knew or had reason to
know that subordinates in detention facilities were about to
kill or cause serious physical or mental harm to Bosnian
Muslims and Bosnian Croats with the intent to destroy them,
in whole or in part, as national, ethnic or religious groups
or had done so and failed to take necessary and reasonable
measures to prevent such acts or to punish the perpetrators
thereof.
33. RADOVAN KARADZIC and RATKO MLADIC individually and in
concert with others planned, instigated, ordered or
otherwise aided and abetted in the planning, preparation or
execution of persecutions on political and religious grounds
or knew or had reason to know that subordinates were about
to do the same or had done so and failed to take necessary
and reasonable measures to prevent such acts or to punish
the perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 1: GENOCIDE as recognised by Articles 4(2)(a),(b),(c)
and 7(3) of the Statute of the Tribunal.
Count 2: a CRIME AGAINST HUMANITY as recognised by Articles
5(h) and 7(1) and 7(3) of the Statute of the Tribunal.
COUNTS 3-4
(UNLAWFUL CONFINEMENT OF CIVILIANS)
34. From the outset of hostilities in the Republic of Bosnia
and Herzegovina, thousands of Bosnian Muslim and Bosnian
Croat civilians were unlawfully interned in detention
facilities. Many of these facilities were established and
operated by the Bosnian Serb military, police and their
agents under the direction and control of RADOVAN KARADZIC
and RATKO MLADIC. As de.scribed in paragraphs 18 and 20-22
of this indictment and incorporated in full herein, the
conditions in these facilities were inhumane. Countless
civilians were abused and many perished in these internment
facilities.
35. RADOVAN KARADZIC and RATKO MLADIC individually and in
concert with others planned, ordered, instigated or
otherwise aided and abetted in the planning and preparation
or execution of the unlawful detention of civilians or knew
or had reason to know that subordinates were unlawfully
detaining civilians and failed to take necessary and
reasonable measures to prevent such acts or to punish the
perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 3: a GRAVE BREACH as recognised by Articles 2(g)
(unlawful confinement of civilians), 7(1) and 7(3) of the
Statute of the Tribunal.
Count 4: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (outrages
upon personal dignity) as recognised by Articles 3, 7(1) and
7(3) of the Statute of the Tribunal.
COUNT 5
(SHELLING OF CIVILIAN GATHERINGS)
36. As described in paragraph 26 of this indictment, which
is incorporated in full herein, Bosnian Serb military forces
fired upon civilian gatherings that were of no military
significance, thereby causing injury and death to hundreds
of civilians. RADOVAN KARADZIC and RATKO MLADIC,
individually and in concert with others planned, instigated,
ordered or otherwise aided and abetted in the planning,
preparation or execution of unlawful attacks against the
civilian population and individual civilians with area fire
weapons such as mortars, rockets and artillery or knew or
had reason to know that the Bosnian Serb military forces
were about to unlawfully attack the civilian population and
individual civilians, or had already done so, and failed to
take the necessary and reasonable steps to prevent such
shelling or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 5: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
(deliberate attack on the civilian population and individual
civilians) as recognised by Articles 3, 7(1) and 7(3) of the
Statute of the Tribunal.
COUNT 6
(DESTRUCTION OF SACRED SITES)
37. Since April 1992 to the end of May 1995, in territory of
the Republic of Bosnia and Herzegovina controlled by the
Bosnian Serb military and police, including areas where no
military conflict was ongoing, there has been widespread and
systematic damage to and destruction of Muslim and Roman
Catholic sacred sites. In areas such as Banja Luka, the near
total obliteration of these religious sites has occurred.
The sites in the Banja Luka area include the following:
MUSLIM SACRED SITES
Name of Mosque - Location - Date of Destruction or Damage
Sefer-Beg Mosque - Banja Luka - 09.04.93
Ferhadija Mosque - Banja Luka - 07.05.93
Arnaudija Mosque - Banja Luka - 07.05.93
Mosque in Vrbanje - Banja Luka - 11.05.93
Zulfikarova Mosque - Banja Luka - 15.05.93
Behram-Efendija Mosque - Banja Luka - 26.05.93
Mehidibeg Mosque - Banja Luka - 04.06.93
Sufi Mehmed-Pasa Mosque - Banja Luka - 04.06.93
Hadzi-Begzade Mosque - Banja Luka - 04.06.93
Gazanferija Mosque - Banja Luka - 04.06.93
Hadzi-Sebenova Mosque - Banja Luka - 14.06.93
Hadzi-Kurt Mosque - Banja Luka - 14.06.93
Hadzi-Pervis Mosque - Banja Luka - 06.09.93
Hadzi-Osmanija Mosque - Banja Luka - 08.09.93
Hadzi-Omer Mosque - Banja Luka - 09.09.93
Hadzi-Salihija Mosque - Banja Luka - 09.09.93
ROMAN CATHOLIC SACRED SITES
Name of Church - Date - Date of Destruction or Damage
Church of St. Joseph at Trno - Banja Luka - 24.10.91
Parish Church - Banja Luka - 00.12.91
St. Bonaventura Cathedral - Banja Luka - 31.12.91
St. Vincent Monastery - Banja Luka - 00.12.92
Village Church - Vujnovici - 05.05.95
Parish Church - Petricevac - 06.05.95
St. Anthony of Padua Church and
Franciscan Monastery - Banja Luka - 07.05.95
Parish Church - Sergovac - 07.05.95
Village Church - Majdan - 08.05.95
Parish Church - Presnace - 12.05.95
38. In other areas, damage and destruction to places of
worship has been widespread These sites include, but are not
limited to the Aladza Mosque (Foca); the Sultan Selim Mosque
(Doboj); the Church of St. Peter and St. Paul, the Obri
Chapel and the Sevri-Hadzi Mosque (Mostar); the parish
church (Novi Seher) and the Carsijska Mosque (Konjic).
Bosnian Serb military and police forces failed to take
reasonable and necessary measures to ensure that these
religious sites were protected.
39. RADOVAN KARADZIC and RATKO MLADIC, individually and in
concert with others planned, instigated, ordered or
otherwise aided and abetted in the planning, preparation or
execution of the destruction of sacred sites or knew or had
reason to know that subordinates were about to damage or
destroy these sites or had done so and failed to take
necessary and reasonable measures to prevent them from doing
so or to punish the perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 6: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
(destruction or wilful damage to institutions dedicated to
religion) as recognised by Articles 3(d), 7(1) and 7(3) of
the Statute of the Tribunal.
COUNT 7
(EXTENSIVE DESTRUCTION OF PROPERTY)
40. After the take-over of Foca (8 April 1992), Bosanski
Samac (17 April 1992), Vlasenica (21 April 1992), Prijedor
(30 April 1992), Brcko (30 April 1992) and other
municipalities in the Republic of Bosnia and Herzegovina,
Bosnian Serb military and police forces and other elements
over whom they had control, under the direction and control
of RADOVAN KARADZIC and RATKO MLADIC, systematically
destroyed, or permitted others to destroy, for no
justifiable military reasons, Bosnian Muslim and Bosnian
Croat businesses and residences in occupied cities and
villages. The areas where extensive destruction occurred
include those areas described in paragraph 29 of this
indictment, which is incorporated in full herein.
41. RADOVAN KARADZIC and RATKO MLADIC, individually and in
concert with others planned, instigated, ordered or
otherwise aided and abetted in the planning, preparation or
execution of the extensive, wanton and unlawful destruction
of Bosnian Muslim and Bosnian Croat property, not justified
by military necessity or knew or had reason to know that
subordinates were about to destroy or permit others to
destroy the property of Bosnian Muslim or Bosnian Croat
civilians or had done so and failed to take necessary and
reasonable measures to prevent this destruction or to punish
the perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 7: a GRAVE BREACH as recognised by Articles 2(d)
(destruction of property), 7(1) and 7(3) of the Statute of
the Tribunal.
COUNTS 8-9
(APPROPRIATION AND PLUNDER OF PROPERTY)
42. As described in paragraphs 27-28 of this indictment,
which are incorporated in full herein, Bosnian Serb military
and police personnel and other agents of the Bosnian Serb
administration, under the direction and control of RADOVAN
KARADZIC and RATKO MLADIC, systematically appropriated and
looted the real and personal property of Bosnian Muslim and
Bosnian Croat civilians.
43. RADOVAN KARADZIC and RATKO MLADIC, individually and in
concert with others planned, instigated, ordered or
otherwise aided and abetted in the planning, preparation or
execution of the extensive, wanton and unlawful
appropriation of real and personal property owned by Bosnian
Muslim and Bosnian Croat civilians or knew or had reason to
know that subordinates were about to appropriate real and
personal property of Bosnian Muslim and Bosnian Croat
civilians or had done so and failed to take necessary and
reasonable measures to prevent this appropriation or to
punish the perpetrators thereof.
By these acts and omissions, RADOVAN KARADZIC and RATKO
MLADIC committed:
Count 8: a GRAVE BREACH as recognised by Articles 2(d)
(appropriation of property), 7(1) and 7(3) of the Statute of
the Tribunal.
Count 9: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (plunder
of public or private property) as recognised by Articles
3(e), 7(1) and 7(3) of the Statute of the Tribunal.
PART II
COUNTS 10-12
(SARAJEVO SNIPING)
44. Since 5 April 1992, the City of Sarajevo has been
besieged by forces of the Bosnian Serb army. Throughout this
siege, there has been a systematic campaign of deliberate
targeting of civilians by snipers of the Bosnian Serb
military and their agents. The sniping campaign has
terrorised the civilian population of Sarajevo and has
resulted in a substantial number of civilian casualties,
killed and wounded, including women, children and elderly.
Between 5 May 1992 and 31 May 1995, snipers have
systematically, unlawfully and wilfully killed and wounded
civilians in the area of Sarajevo, including but not limited
to the following individuals:
KILLED
Children
Elma Jakupovic, age 2, at Jukiceva Street, No 17, on 20 July
1993 Elvedina Colic, age 4, at Kobilja Glava on 8 August
1993
Adnan Kasapovic', age 16, at Dj.A.Kuna Street on 24 October
1994
Nermina Omerovic, age 11, at Djure Danicica Street on 8
November 1994
Women
Almasa Konjhodzic, age 56, at the intersection of
Kranjcevica and Brodska Streets on 27 June 1993
Sevda Kustura, age 50, at Spicasta Stijena on 5 August 1993
Sada Pohara, age 19, at Zarka Zgonjanina Street, No 13, on
30 August 1993
Saliha Comaga, age 38, at Mujkica Brdo, Ugorsko, on 8
September 1993
Edina Trto, age 25, at Ivana Krndelja Street on 26 September
1993
Hatema Mukanovic, age 38, at Obala 27 July 89 Street on 11
January 1994
Radmila Plainovic, age 51, at Vojvode Putnika Street on 7
February 1994
Lejla Bajramovic, age 24, at B. Boris Kidric Street, No 3,
on 8 December 1994
Elderly
Hajrija Dizdarevic, age 66, at Ivo Kranjcevic' Street 11 on
17 July 1993
Marko Stupar, age 64, at Zmaja od Bosne No 64 Street on 12
January 1994
Fadil Zuko, age 63, at Stara Cesta Street, bb on 2 February
1994 Dragomir Culibrk, aged 61, at Prvomajska BB on 16 June
1994
Men
Adnan Mesihovic, age 34, at Hasana Brkica Street on 3
September 1993
Junuz Campara, age 59, at Milutin Djuraskovic Street on 6
September 1993
Augustin Vucic, age 57, at Ante Babica Street on 13th March
1994 Jasmin Podzo, age 23, at Mala Berkusa Street 10 on 4
March 1995
WOUNDED
Children
Boy, age 2, at Stara Cesta Street on 26 June 1993
Boy, age 12, at Kupalista swimming pool on 5 August 1993
Girl, age 9, at Kobilja Glava on 8 August 1993
Boy, age 14, at Dzemal Bijedic Street on 3 September 1993
Girl, age 8, at Ivana Krndelja Street on 3 September 1993
Boy, age 15, at X transverzale Street bb on 4 October 1993
Boy, age 13, at Donji Hotonj II Street on 10 November 1993
Boy, age 12, at Petra Drapsina Street on 28 November 1993
Boy, age 17, at Dzemala Bijedica Street on 10 January 1994
Boy, age 5, at Zmaja od Bosne Street on 19 June 1994
Girl, age 16, at Senada Mandica-Dende Street on 26 June 1994
Boy, age 13, at Miljenka Cvitkovica Street on 22 July 1994
Boy, age 7, at Zmaja od Bosne Street on 18 November 1994
Girl, age 13, at the cross-roads of Rogina and Sedrenik
Streets on 22 November 1994
Boy, age 14, at Sedrenik Street on 6 March 1995
Women
Female, age 20, at Hotonj on 5 August 1993
Female, age 52, at Franca Rozmana Street on 6 August 1993
Female, age 55, at Spanskih Boraca Street 011 30 August 1993
Female, age 35, at Ivana Krndelja Street on 3 September 1993
Female, age 32, at Nikola Demonja/ Grada Bakua Street area
on 6 January 1994
Female, age 46, at Olimpijska Street, No 15, on 18 January
1994 Female, age 42, at 21 Maj Street on 9 May 1994
Female, age 50, and female, age 62, at Nikole Demonje Street
on 25 May 1994
Female, age 45, at Mojmilo Dobrinja Road on 13 June 1994
Female, age 46, at Zaim Imamovic Street, No 15 on 20 July
1994 Female, age 54, at Baruthana Street on 8 November 1994
Female, age 28, at Zmaja od Bosne Street on 9 November 1994
Female, age 28, at Zmaja od Bosne Street on 18 November 1994
Female, age 24, at Franca Lehara Street, No 3 on 8 December
1994 Female, age 49, at Sedrenik Street on 10 December 1994
Elderly
Female, age 71, at "Ciglane" Market on 17 September 1993
Female, age 72, at Nikole Demonje Street on 2 October 1993
Female, age 60, at Lovcenska Street on 7 December 1993
Male, age 63, at St Anto Babic on 13 March 1994
Male, age 62, at Omladinskih Radnih Brigada Street on 16
June 1994 Male, age 61, at Prvomajska BB on 16 June 1994
Male, age 67, at Senad Mandic Denda Street, on 17 July 1994
Male, age 63, at Sedrenik Street on 11 December 1994
Male, age 62, at Sedrenik Street on 13 December 1994
Female, age 73, at the intersection of Zmaja od Bosne and
Muzejska Streets on 18 December 1994
Men
Male, age 36, at Trg of Zavnobih on 1 February 1993
Male, age 52, at Kobilja Glava on 25 June 1993
Male, age 29, at Stara Cesta Street on 7 October 1993
Male, age 50, and male, age 56, at Brace Ribara Street on 2
November 1993
Male, age 36, at Stara Cesta Street on 14 December 1993
Male, age 27, at Zmaja od Bosne Street on 19 June 1994
Male, age 20, male, age 27, male, age 39, and male, age 34,
at Zmaja od Bosne Street on 9 November 1994
Male, age 29, at Sedrenik Street on 8 December 1994
Male, age 46, and male, age 33, at intersection of Franje
Rackog and Marsala Tita Streets on 3 March 1995
Male, age 52, at Sedrenik Street on 6 March 1995
45. RADOVAN KARADZIC and RATKO MLADIC individually and in
concert with others planned, ordered, instigated or
otherwise aided and abetted in the planning, preparation or
execution of the sniping of civilians or knew or had reason
to know that subordinates were sniping civilians and failed
to take necessary and reasonable measures to prevent such
acts or to punish the perpetrators thereof.
As to the deliberate attacks by sniper fire against the
civilian population and individual civilians, which resulted
in death and injury to said civilians, and acts and
omissions related thereto, RADOVAN KARADZIC and RATKO MLADIC
committed:
Count 10: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR
(deliberate attack on the civilian population and individual
civilians) as recognised by Articles 3, 7(1) and 7(3) of the
Statute of the Tribunal.
As to the killing by sniper fire of these civilians, among
others, and acts and omissions related thereto, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 11: a CRIME AGAINST HUMANITY as recognised by Articles
5(a) (murder), 7(1) and 7(3) of the Statute of the Tribunal.
As to the wounding by sniper fire of these civilians, among
others, and acts and omissions related thereto, RADOVAN
KARADZIC and RATKO MLADIC committed:
Count 12: a CRIME AGAINST HUMANITY as recognised by Articles
5(i) (inhumane acts), 7(1) and 7(3) of the Statute of the
Tribunal.
PART III
COUNTS 13-16
(HOSTAGES/HUMAN SHIELDS)
46. Between 26 May 1995 and 2 June 1995, Bosnian Serb
military personnel, under the direction and control of
RADOVAN KARADZIC and RATKO MLADIC, seized 284 UN
peacekeepers in Pale, Sarajevo, Gorazde and other locations
and held them hostage in order to prevent further North
Atlantic Treaty Organisation (NATO) airstrikes. Bosnian Serb
military personnel held the UN peacekeepers throughout their
captivity by force or by the threat of force. In some
instances, the UN hostages were assaulted. During and after
protracted negotiations with Bosnian Serb leaders, the UN
hostages were released in stages between 3 June 1995 and 19
June 1995.
47. After seizing UN peacekeepers in the Pale area, Bosnian
Serb military personnel, under the direction and control of
RADOVAN
KARADZIC and RATKO MLADIC, immediately selected certain UN
hostages to use as "human shields," including but not
limited to Capt. Patrick A. Rechner (Canada), Capt. Oldrich
Zidlik (Czech Republic) Captain Teterevsky (Russia), Maj.
Abdul Razak Bello (Nigeria), Capt. Ahmad Manzoor (Pakistan)
and Maj. Gunnar Westlund (Sweden). From on or about 26 May
1995 through 27 May 1995, Bosnian Serb military personnel
physically secured or otherwise held the UN peacekeepers
against their will at potential NATO air targets, including
the ammunition bunkers at Jahorinski Potok, the Jahorina
radar site and a nearby communications centre in order to
render these locations immune from further NATO airstrikes.
High level Bosnian Serb political and military delegations
inspected and photographed the UN hostages who were
handcuffed at the ammunition bunkers at Jahorinski Potok.
48. RADOVAN KARADZIC and RATKO MLADIC, individually and in
concert with others planned, instigated, ordered or
otherwise aided and abetted in the planning, preparation or
execution of the taking of civilians, that is UN
peacekeepers, as hostages and, additionally, using them as
"human shields" and knew or had reason to know that
subordinates were about to take and hold UN peacekeepers as
hostages and about to use them as "human shields" or had
done so and failed to take necessary and reasonable measures
to prevent them from doing so or to punish the perpetrators
thereof.
In regard to UN peacekeepers seized and held hostage between
26 May 1995 and 19 June 1995, RADOVAN KARADZIC and RATKO
MLADIC, by their acts and omissions, committed:
Count 13: a GRAVE BREACH as recognised by Articles 2(h)
(taking civilians as hostage), 7(1) and 7(3) of the Statute
of the Tribunal.
Count 14: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (taking
of hostages) as recognised by Articles 3, 7(1) and 7(3) of
the Statute of the Tribunal.
In regard to the UN peacekeepers used as "human shields" on
26 and 27 May 1995, RADOVAN KARADZIC and RATKO MLADIC, by
their acts and omissions, committed:
Count 15: a GRAVE BREACH as recognised by Articles 2(b)
(inhuman treatment), 7(1) and 7(3) of the Statute of the
Tribunal.
Count 16: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (cruel
treatment) as recognised by Articles 3, 7(1) and 7(3) of the
Statute of the Tribunal
24 July 1995
/s/Richard J. Goldstone
Prosecutor
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