In this July 24, 1995 indictment, Milan Martic, president of the self-proclaimed Republic of Serbian Krajina, is charged with violations of the laws and customs of war in an attack on the Croatian city of Zagreb, which resulted in several civilian deaths.

THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA

CASE NO:


THE PROSECUTOR
OF THE TRIBUNAL

AGAINST

MILAN MARTIC


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
(Tribunal Statute), charges:

  1. Since the summer of 1991, the Armed Forces of the
Republic of Croatia (HV) have been engaged in an armed
conflict with the Armed Forces of the self-proclaimed
Republic of Serbian Krajina (ARSK).

 2. From the commencement of the war in the summer of 1991
until the end of the year, the ARSK with the assistance of
the Yugoslav Peoples' Army (JNA) defeated the HV in numerous
battles taking control of approximately one-third of the
Republic of Croatia including parts of East and West
Slavonia, and the Krajina.

 3. After the cease tire in January of 1992, the United
Nations Protection Force (UNPROFOR) was installed in the
areas held by the ARSK.

 4. One area held by the ARSK in Western Slavonia was the UN
Western Zone also known as Sector West, which remained under
the control of the ARSK until 1 May 1995.

 5. On 1 May 1995, the HV attacked the ARSK forces in Sector
West, and drove the ARSK forces south across the Sava River
into the Serbian-held part of Bosnia.

 6. In retaliation the military forces of the ARSK were
given orders by MILAN MARTIC, the president of the
self-proclaimed Republic of Serbian Krajina (RSK), to attack
three Croatian cities, including Zagreb, the capital of the
Republic of Croatia.

 7. The Orkan rocket, a long range weapon, can be fitted
with different warheads to accomplish distinct tasks: either
to destroy military targets or to kill people. When the
Orkan is fitted with a "cluster bomb", such as used against
Zagreb, it is an anti-personnel weapon designed only to kill
people.

8. On 2 May 1995, at approximately 10.25 hours, upon the
orders of MILAN  MARTIC, Orkan rockets fitted with
"cluster-bomb" warheads were fired into the  central part of
Zagreb by the ARSK, causing death and injury to civilians in
Zagreb.  This was an unlawful attack against the civilian
population and individual citizens.

9. On 3 May 1995 at approximately 12.10 hours, upon the
orders of MILAN  MARTIC, the ARSK fired additional Orkan
rockets with "cluster-bomb" warheads  into the central part
of Zagreb, again causing death and injury to civilians in
Zagreb. This was also an unlawful attack against the
civilian population and individual citizens.


THE ACCUSED

10.  MILAN MARTIC was born on 18 November 1945 near Knin,
Croatia. He is a graduate of the Croatian police academy,
and was a senior inspector with the Croatian Ministry of
Internal Affairs.

11. In January of 1991, MILAN MARTIC was named head of
internal affairs for the self-proclaimed RSK. He was
re-appointed to that post in 1993, and in February of 1994,
he became president of the self-proclaimed RSK. He currently
resides in Knin, the capital of the self-proclaimed RSK.

 GENERAL ALLEGATIONS

12. At all relevant times, a state of armed conflict existed
in the Republic of Croatia.

13. At all relevant times, the victims alleged in this
indictment were civilians who were protected by the laws and
customs of war.

14. At all relevant times, MILAN MARTIC was required to
abide by the laws and customs governing the conduct of war.


CHARGES

COUNT I

15.  On 2 May 1995, MILAN MARTIC, as president of the
self-proclaimed RSK,  knowingly and wilfully ordered an
unlawful attack against the civilian population  and
individual civilians of Zagreb causing at least five deaths
and numerous injuries  to the civilian population and
individual civilians of Zagreb, and in doing so,  MILAN
MARTIC violated the laws and customs governing the conduct
of war, a  crime recognised by Articles 3 and 7(1) of the
Tribunal Statute; or alternatively,

COUNT II

16.  On 2 May 1995, MILAN MARTIC, as president of the
self-proclaimed RSK, knew or had reason to know that a
subordinate in the ARSK was about to commit and did commit a
war crime, that is, the unlawful rocket attack against the
civilian population and individual civilians of Zagreb, and
MILAN MARTIC failed to take the necessary and reasonable
measures to prevent the attack and failed to punish the
perpetrators of the attack, all in violation of Articles 3
and 7 (3) of the Tribunal Statute.

COUNT III

17.  On 3 May 1995, MILAN MARTIC, as president of the
self-proclaimed RSK, knowingly and wilfully ordered an
unlawful attack against the civilian population and
individual civilians of Zagreb causing at least two deaths
and numerous injuries to the civilian population and
individual civilians of Zagreb, and in doing so, MILAN
MARTIC violated the laws and customs governing the conduct
of war, a crime recognised by Articles 3 and 7 (1) of the
Tribunal Statute; or alternatively,

COUNT IV

18.  On 3 May 1995, MILAN MARTIC, as president of the
self-proclaimed RSK, knew or had reason to know that a
subordinate in the ARSK was about to commit and did commit a
war crime, that is, the unlawful rocket attack against the
civilian population and individual civilians of Zagreb, and
MILAN MARTIC failed to take the necessary and reasonable
measures to prevent the attack and failed to punish the
perpetrators of the attack, all in violation of Articles 3
and 7 (3) of the Tribunal Statute.


/s/Richard J. Goldstone
Prosecutor