Prosecutors ask German courts to relinquish the prosecution of Dusko Tadic, also known as Dusan Tadic, to the war crimes tribunal. Tadic is accused of taking part in the operation of the Serbian-controlled Omarska detention camp where captured civilians were allegedly starved, tortured and raped.

AN APPLICATION FOR DEFERRAL BY THE FEDERAL REPUBLIC OF GERMANY IN THE
MATTER OF DUSKO TADIC ALSO KNOWN BY THE NAMES DUSAN 'DULE' TADIC

SUBMISSIONS BY THE PROSECUTOR

INTRODUCTION

In the aftermath of the horrors of the 2nd World War, and the trials
by the victorious powers of Nazi leaders at Nuremberg, it was
generally anticipated by the international community that a new era
had begun. An era in which the human rights of all citizens in all
countries of the world would be universally respected. It was not to
be. The past five decades have witnessed some of the gravest
violations of humanitarian law. Those responsible have too frequently
escaped trial and punishment by national courts. Indeed, in many cases
they have been in positions of leadership and power in their own
countries and effectively placed themselves above the law.

There was no mechanism devised by the international community for
establishing the guilt of perpetrators and punishing them. Justice was
denied to the millions of victims of murder, disappearances, rape and
torture. A catalogue of these gruesome violations of international
humanitarian law is to be found in the annual surveys produced by some
governmental and inter -governmental agencies and by national and
international non -governmental organizations.

This tribunal is the first attempt by the United Nations to enforce
international humanitarian law. It is the first recognition of the
reality that if international criminal law is to have relevance and
command respect, it must be capable of enforcement by the
international community. This remarkable step by the United Nations is
the consequence of events in the former Yugoslavia since 1991. In
describing these events in a provisional order on 13 September 1993
the International Court of Justice used the words of General Assembly
resolution 96 (I) of 11 December 1946 on "the Crime of Genocide" in
stating that those events shock:

"the conscience of mankind ... and is contrary to moral law and the
spirit and aims of the United Nations".

THE PRESENT APPLICATION

The proceedings today constitute the first public hearing by a trial
chamber of the Tribunal. The Application is brought pursuant to
Article 9 of the Statute which confers upon this Tribunal not only
concurrent jurisdiction with all national courts but primacy over them
in respect of both the investigation and prosecution of persons whose
alleged offences fall within its competence. In terms of Rule 9, the
Prosecutor is given the authority to apply to a trial chamber for the
issue of a formal request that a national court defer an investigation
and prosecution to the Tribunal.

In the present case we rely upon the provisions of Rule 9 (iii) which
provide that such an application may be made by the Prosecutor where
in the national investigations or in criminal proceedings instituted
in a national court

"what is in issue is closely related to, or otherwise involves,
significant factual or legal questions which may have implications for
investigations or prosecutions before the Tribunal"

THE PRIJEDOR INVESTIGATION

At the time I took up office on 15 August 1994 lawyers and
investigators in my office were already occupied with an investigation
into allegations of serious violations of humanitarian law in the
Prijedor region of Bosnia-Herzegovina. The allegations came from a
number of sources including the report of the United Nations
Commission of Experts established pursuant to Security Council
resolution 780 (1992).

The Deputy Prosecutor, Mr. Blewitt, became aware of the arrest in
Germany of Tadic. The German authorities were subsequently requested
to provide the Prosecutor with all relevant information concerning the
investigation into crimes allegedly committed by Tadic in Prijedor.
The German authorities complied with that request and provided my
Office with relevant information. In addition, statements have been
obtained by my Office from additional witnesses who are presently in
The Netherlands, Norway, Sweden and Switzerland. My Office is
furthermore in possession of documents relevant to the events in
Prijedor and, in particular, the allegations against Tadic.

I am presently considering the issue of one or more indictments
against individuals who were involved in the serious violations of
humanitarian law in Prijedor.

As appears from the declaration of Michael Keegan, attached to my
application, a policy was executed in Prijedor which involved the
widespread and systematic persecution of the non-Serb and particularly
the Muslim community - a policy which has commonly come to be
described as "ethnic cleansing". According to the report of the
Commission of Experts over 43,000 of the approximately 50,000 Muslims
who lived in Prijedor in 1991 had left Prijedor or had been killed by
June 1993.

Witnesses available to me are able to describe the events which led on
30 April 1992 to the overnight seizure of power in Prijedor by Serbs
and the announcements broadcast on local radio to the effect that the
area was thenceforth to be called Srpske Opstina Prijedor. Serbian
flags were flying on all official buildings and all non-Serbian
officials, including policemen, were dismissed.

Three major concentration camps (logori) were set up in the Prijedor
area - in Omarska, a former mine complex, Keraterm, a former ceramics
factory, and Tmopolje, a complex of several buildings. At Omarska and
Keraterm mostly male members of the non-Serb population of Prijedor
were incarcerated - most of them -between the ages of 16 and 60. Many
leaders and prominent citizens in the non-Serb population were taken
to Omarska. Women were generally taken to Tmopolje.

The serious atrocities which allegedly were carried out at the three
camps are described in the declaration of Michael Keegan. They are
such that, in my opinion, if they are proved, the persons who ordered
the atrocities and those who executed them are guilty of serious
violations of humanitarian law and have committed offences which fall
within the jurisdiction of this Tribunal. I regard it as my duty as
Prosecutor to issue indictments against such people if their
involvement in these events can be proved by sufficient evidence. The
investigations in this regard are still ongoing.

THE CASE AGAINST TADIC

As appears from the declaration of Michael Keegan my Office is in
possession of witnesses statements which directly implicate Tadic in
some of the atrocities committed in Prijedor. The allegations against
him are as follows. He was involved directly in the events which led
to the removal of the majority of the Muslim population of Prijedor
and effectively the destruction of that community. The first of them,
according to witnesses was the organization of the Serbian referendum
in November 1991. He helped create what were, in effect, death lists
of Muslim intellectuals and other prominent citizens of Prijedor. He
was involved in the forced removals of Muslims from the villages of
the Prijedor region and the looting and destruction of Muslim houses.
I would emphasize that according to eye witnesses, when he
participated in those events, Tadic wore a military uniform and was in
command of a group involved in the actions.

Again, eye witnesses are able to testify to Tadic and the group under
his command summarily executing unarmed non-Serbs. He was directly
involved in directing the transfer of non-Serbs from the villages in
the Prijedor region to the camps. He was involved in assaults of
prisoners at the camps and at the military barracks in Prijedor. He
was seen on numerous occasions in the Tmepolje camp and at Omarska
camp. There is an allegation that Tadic was involved in incidents of
rape at Omarska and that is being investigated.

The gruesome nature of the events which witnesses can describe is
illustrated in the following extract from Michael Keegan's
declaration:

"Among the most widely witnessed events that Tadic was involved in was
the murder of Emir Karabasic, Jasmin Hrnjic, and Enner Alic.... Three
prisoners were brutally beaten and tortured by Tadic and others, using
metal rods, truncheons, and knives, to the point of unconsciousness.
Tadic then forced a fourth prisoner to drink motor oil from the garage
and then bite off the testicles of the unconscious prisoners. The
prisoners died as a result of their torture.

I would also emphasize that Tadic was not a regular official at any of
the camps. It appears that he was in a position of some leadership in
the area and was involved in directing the activities of those with
him on his visits to the camps as well as regular officials.

I submit that the evidence of eye witnesses, if accepted by a trial
chamber of this Tribunal, will make Tadic guilty of some of the most
serious offences falling within the competence and jurisdiction of
this Tribunal.

INDICTMENTS

I anticipate that within a short time indictments will be submitted by
me to the Registrar against Tadic and other persons who have been
identified as having been involved in the "ethnic cleansing" policy in
the Prijedor Opstina. In support of such indictments I will rely on
the evidence of the witnesses located by the German investigators in
Germany and other witnesses who have been located and interviewed in
Germany and elsewhere by our investigators.

The indictments will include serious offences in respect of which the
German authorities have no evidence and the other accused will be
persons who are outside Germany.

It is not possible during this application, which is in public, to
disclose details of the investigations being undertaken by my Office,
nor is it possible to disclose the identity of other persons under
investigation and who are likely to be included in these indictments.

I can say, however, that the involvement of Tadic in the factual
circumstances under investigation by my Office is very significant and
it will adversely affect the investigation and prosecution of other
individuals if Tadic is prosecuted in Germany.

DEFERRAL

We submit that having regard to the scale and nature of the atrocities
alleged to have taken place in Prijedor and the relevance of those
events in respect of "ethnic cleansing" in Bosnia-Herzegovina, this
Tribunal is the proper forum and the only proper forum for trying
those accused of playing leading roles in respect thereof. It would
certainly not be convenient or in the interests of justice if Tadic
were to be tried in Germany only to be indicted and retried before
this Tribunal.

The legal issues which will arise in a trial of Tadic are central to
the jurisdiction of this Tribunal. They will involve issues of
international law which are applicable to the crimes alleged and the
nature and manner of their proof. So both substantive and procedural
legal issues which would arise in a trial against Tadic will arise in
a case against those who acted in concert with him or acted in
pursuance of a common policy.

The factual issues speak for themselves. The events in Prijedor during
1992 form an important area of investigation by my Office.

It follows very clearly in our submission that the Tadic investigation
by Germany concerns an issue closely related to and involves
significant factual and legal questions which will have implications
for investigations currently undertaken by me.

The Tadic case therefore falls within the provisions of Rule 9 (iii)
and, in terms of Article 9 (2) of the Statute and Rule 10(A), this
Chamber may issue a formal request to Germany that its national courts
defer to the competence of the Tribunal.

FORM OF ORDER

Until an indictment has been issued against Tadic, a warrant for his
arrest cannot be issued under Article 19 of the Statute. However, to
the extent that it may be or become necessary I am authorized by Rule
40 (i), in a case of urgency, to request any State to arrest a suspect
provisionally. I will therefore request Germany to effect the
provisional arrest of Tadic if that is considered necessary by me for
any reason prior to the issue of an indictment.

We would therefore request an order in the following terms or in terms
considered appropriate by this Trial Chamber:

Germany and any of its courts currently seized with the Tadic
investigation defer to the competence of this Tribunal as and from the
date of this Order.

R.J. Goldstone  Prosecutor

G.T. Blewitt  Deputy Prosecutor

G. Niemarm  Senior Prosecuting Attorney