 |
Indictment of Slobodan Milosevic for crimes committed in Bosnia-Herzegovina
Author: ICTY Prosecutor Carla Del Ponte
Uploaded: Tuesday, 11 December, 2001
The main text of the recently issued indictment of Milosevic for war crimes committed in Bosnia-Herzegovina. This will be printed with its accompanying annexes, and with the earlier indictments relating to Croatia and Kosova, in a forthcoming special issue of Bosnia Report
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-01-51-I
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
SLOBODAN MILOSEVIC
INDICTMENT
The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("the Statute of the Tribunal"), charges:
SLOBODAN MILOSEVIC
with GENOCIDE, CRIMES AGAINST HUMANITY, GRAVE BREACHES OF THE GENEVA CONVENTIONS and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR as set forth below:
THE ACCUSED
1. Slobodan MILOSEVIC, son of Svetozar Milosevic, was born on 20 August 1941 in Pozarevac, in the present-day Republic of Serbia, one of the constituent republics of the Federal Republic of Yugoslavia ("FRY"). In 1964, he graduated from the Law Faculty of the University of Belgrade and began a career in management and banking. Until 1978, he held the posts of deputy director and later general director at Tehnogas, a major oil company in the then Socialist Federal Republic of Yugoslavia ("SFRY"). Thereafter, he became president of Beogradska banka (Beobanka), one of the largest banks in the SFRY, a post he held until 1983.
2. Slobodan MILOSEVIC, joined the League of Communists of Yugoslavia in 1959. In 1984, he became Chairman of the City Committee of the League of Communists of Belgrade. In 1986, he was elected Chairman of the Presidium of the Central Committee of the League of Communists of Serbia and was re-elected in 1988. On 16 July 1990, the League of Communists of Serbia and the Socialist Alliance of Working People of Serbia united, forming a new party named the Socialist Party of Serbia ("SPS"). On 17 July 1990, Slobodan MILOSEVIC was elected President of the SPS and remained in that post except during the period from 24 May 1991 to 24 October 1992.
3. Slobodan MILOSEVIC was elected President of the Presidency of the then Socialist Republic of Serbia on 8 May 1989 and re-elected on 5 December 1989. After the adoption of a new Constitution, on 28 September 1990, the Socialist Republic of Serbia became the Republic of Serbia, and Slobodan MILOSEVIC was elected to the newly established office of President of the Republic of Serbia in multi-party elections, held in December 1990. He was re-elected to this office in elections held on 20 December 1992.
4. After serving two terms as President of the Republic of Serbia, Slobodan MILOSEVIC was elected President of the Federal Republic of Yugoslavia on 15 July 1997, beginning his official duties on 23 July 1997. Following his defeat in the Federal Republic of Yugoslavia’s presidential election of September 2000, Slobodan MILOSEVIC relinquished his position on 6 October 2000.
INDIVIDUAL CRIMINAL RESPONSIBILITY
Article 7(1) of the Statute of the Tribunal
5. Slobodan MILOSEVIC is individually criminally responsible for the crimes referred to in Articles 2, 3, 4 and 5 of the Statute of the Tribunal as described in this indictment, which he planned, instigated, ordered, committed, or in whose planning, preparation, or execution he otherwise aided and abetted. By using the word "committed" in this indictment, the Prosecutor does not intend to suggest that the accused physically committed any of the crimes charged personally. "Committed" in this indictment refers to participation in a joint criminal enterprise as a co-perpetrator.
6. Slobodan MILOSEVIC participated in the joint criminal enterprise as set out below. The purpose of this joint criminal enterprise was the forcible and permanent removal of the majority of non-Serbs, principally Bosnian Muslims and Bosnian Croats, from large areas of the Republic of Bosnia and Herzegovina (hereinafter referred to as "Bosnia and Herzegovina"), through the commission of crimes which are in violation of Articles 2, 3, 4 and 5 of the Statute of the Tribunal.
7. The joint criminal enterprise was in existence by 1 August 1991 and continued until at least 31 December 1995. The individuals participating in this joint criminal enterprise included Slobodan MILOSEVIC, Radovan KARADZIC, Momcilo KRAJISNIK, Biljana PLAVSIC, General Ratko MLADIC, Borisav JOVIC, Branko KOSTIC, Veljko KADIJEVIC, Blagoje ADZIC, Milan MARTIC, Jovica STANISIC, Franko SIMATOVIC, also known as "Frenki," Radovan STOJICIC, also known as "Badza," Vojislav SESELJ, Zeljko RAZNATOVIC, also known as "Arkan," and other known and unknown participants.
8. The crimes enumerated in Counts 1 to 29 of this indictment were within the object of the joint criminal enterprise. Alternatively, the crimes enumerated in Counts 1 to 15 and 19 to 29 were natural and foreseeable consequences of the execution of the object of the joint criminal enterprise and the accused was aware that such crimes were the possible outcome of the execution of the joint criminal enterprise.
9. In order for the joint criminal enterprise to succeed in its objective, Slobodan MILOSEVIC worked in concert with or through other individuals in the joint criminal enterprise. Each participant or co-perpetrator within the joint criminal enterprise, sharing the intent to contribute to the enterprise, played his or her own role or roles that significantly contributed to achieving the objective of the enterprise. The roles of the participants or co-perpetrators include, but are not limited to, the following:
10. Radovan KARADZIC was President of the Serbian Democratic Party of Bosnia and Herzegovina (Srpska demokratska stranka Bosne i Hercegovine or "SDS") throughout the period of the indictment. On 27 March 1992, KARADZIC became the President of the Bosnian Serb "National Security Council." On 12 May 1992, he was elected President of the three-member Presidency of the self-proclaimed Serbian Republic of Bosnia and Herzegovina (hereinafter referred to as "Republika Srpska") and remained in this position after the Presidency was expanded to five members on 2 June 1992. On 17 December 1992, KARADZIC was elected President of Republika Srpska and remained in that position throughout the period of this indictment. In his capacity as a member of the Bosnian Serb National Security Council, member of the Presidency, as President of Republika Srpska, and in his position of leadership within the SDS party and organs of the Republika Srpska government, Radovan KARADZIC, together with others, commanded, directed, or otherwise exercised effective control over the Territorial Defence ("TO"), the Bosnian Serb army ("VRS") and the police forces of Republika Srpska who participated in the crimes specified in this indictment.
11. Momcilo KRAJISNIK, a close associate of Radovan KARADZIC, was a member of the SDS Main Board from 12 July 1991. On 24 October 1991, the day of the founding of the "Assembly of the Serbian People of Bosnia and Herzegovina," (hereinafter referred to as the "Bosnian Serb Assembly") KRAJISNIK was elected its President. From 27 March 1992,
KRAJISNIK was a member of the Bosnian Serb National Security Council. He became a member of the five-member Presidency on 2 June 1992. When the Bosnian Serb Assembly elected Radovan KARADZIC President of Republika Srpska on 17 December 1992, KRAJISNIK ceased to be a member of the Presidency, but continued to be one of the most important political leaders in Republika Srpska and remained the President of its National Assembly until 19 October 1996. In his capacity as a member of the Bosnian Serb National Security Council as a member of the Presidency of Republika Srpska, and in his position of leadership within the SDS party and organs of the Republika Srpska government, Momcilo
KRAJISNIK, together with others, commanded, directed, or otherwise exercised effective control over the TO, the V
|
