SLOBODAN
MILOSEVIC
RATKO
MLADIC
RADOVAN
KARADZIC
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
RATKO MLADIC and RADOVAN KARADZIC
with GENOCIDE, CRIMES AGAINST HUMANITY and VIOLATIONS OF
THE LAWS OR CUSTOMS OF WAR, as set forth below:
"Safe Area" of Srebrenica
1. After war erupted in the Republic of Bosnia and
Herzegovina, Bosnian Serb military forces occupied
Bosnian Muslim villages in the eastern part of the
country, resulting in an exodus of Bosnian Muslims to
enclaves in Gorazde, Zepa, Tuzla, and Srebrenica. All of
the events referred to in this indictment took place in
the Republic of Bosnia and Herzegovina.
2. On 16 April 1993, the Security Council of the United
Nations, acting pursuant to Chapter VII of its Charter,
adopted resolution 819, in which it demanded that all
parties to the conflict in the Republic of Bosnia and
Herzegovina treat Srebrenica and its surroundings as a
safe area which should be free from any armed attack or
any other hostile act. Resolution 819 was reaffirmed by
Resolution 824 on 6 May 1993 and by Resolution 836 on 4
June 1993.
3. Before the attack by Bosnian Serb forces, as described
in this indictment, the estimated Bosnian Muslim
population in the safe area of Srebrenica, was
approximately 60,000.
Attack on the Safe Area of Srebrenica
4. On or about 6 July 1995, the Bosnian Serb army shelled
Srebrenica and attacked United Nations observation posts
that were manned by Dutch soldiers and located in the
safe area. The attack on the Srebrenica safe area by the
Bosnian Serb army continued through 11 July 1995, when
the first units of the attacking Bosnian Serb forces
entered Srebrenica.
5. The Bosnian Muslim men, women and children who
remained in Srebrenica after the beginning of the Bosnian
Serb attack took two courses of action. Several thousand
women, children and some mostly elderly men fled to the
UN compound in Potocari, located within the safe area of
Srebrenica, where they sought the protection of the Dutch
battalion responsible for the compound. They remained at
the compound from 11 July 1995 until 13 July 1995, when
they were all evacuated by buses and trucks under the
control of and operated by Bosnian Serb military
personnel.
6. A second group of approximately 15,000 Bosnian Muslim
men, with some women and children, gathered at Susnjari
during the evening hours of 11 July 1995 and fled, in a
huge column, through the woods towards Tuzla.
Approximately one-third of this group consisted of armed
Bosnian military personnel and armed civilians. The rest
were unarmed civilians.
Events in Potocari
7. On 11 July 1995 and 12 July 1995, RATKO MLADIC and
members of his staff met in Bratunac with Dutch military
officers and representatives of the Muslim refugees from
Potocari. At these meetings, RATKO MLADIC informed them,
among other things, that Bosnian Muslim soldiers who
surrendered their weapons would be treated as prisoners
of war according to the Geneva Conventions and that
refugees evacuated from Potocari would not be hurt.
8. On or about 12 July 1995, Bosnian Serb military forces
burned and looted Bosnian Muslim houses in and around
Potocari.
9. On or about 12 July 1995, in the morning hours,
Bosnian Serb military forces arrived at the UN military
compound in Potocari and its environs.
10. On or about 12 July 1995, RATKO MLADIC arrived in
Potocari, accompanied by his military aides and a
television crew. He falsely and repeatedly told Bosnian
Muslims in and around Potocari that they would not be
harmed and that they would be safely transported out of
Srebrenica.
11. On or about 12 July 1995, at the direction and in the
presence of RATKO MLADIC, approximately 50-60 buses and
trucks arrived near the UN military compound in Potocari.
Shortly after the arrival of these vehicles, the
evacuation process of Bosnian Muslim refugees started. As
Muslim women, children and men started to board the buses
and trucks, Bosnian Serb military personnel separated the
men from the women and children. This selection and
separation of Muslim men took place in the presence of
and at the direction of RATKO MLADIC.
12. The Bosnian
Muslim men who had been separated from other refugees
were taken to divers locations in and around Potocari. On
or about 12 July 1995, RATKO MLADIC and Bosnian Serb
military personnel under his command, informed some of
these Muslim men that they would be evacuated and
exchanged for Bosnian Serbs being held in Tuzla.
13. Most of the Muslim men who had been separated from
the other refugees in Potocari were transported to
Bratunac and then to the area of Karakaj, where they were
massacred by Bosnian Serb military personnel.
14. Between 12 July 1995 and 13 July 1995, Bosnian Serb
military personnel summarily executed Bosnian Muslim men
and women at divers locations around the UN compound
where they had taken refuge. The bodies of those
summarily executed were left in fields and buildings in
the immediate vicinity of the compound. These arbitrary
killings instilled such terror and panic amongst the
Muslims remaining there that some of them committed
suicide and all the others agreed to leave the enclave.
15. The evacuation of all able-bodied Muslim refugees
concluded on 13 July 1995. As a result of the Bosnian
Serb attack on the safe area and other actions, the
Muslim population of the enclave of Srebrenica was
virtually eliminated by Bosnian Serb military personnel.
Surrender and Executions
16. Between the evening of 11 July 1995 and the morning
of 12 July 1995, the huge column of Muslims which had
gathered in Susnjari fled Srebrenica through the woods
towards Tuzla.
17. Bosnian Serb military personnel, supported by
armoured personnel carriers, tanks, anti-aircraft guns
and artillery, positioned themselves along the Bratunac -
Milici road in an effort to interdict the column of
Bosnian Muslims fleeing towards Tuzla.
18. As soon as the column reached Bosnian Serb held
territory in the vicinity of Buljim, Bosnian Serb
military forces attacked it. As a result of this and
other attacks by Bosnian Serb military forces, many
Muslims were killed and wounded and the column divided
into several smaller parts which continued towards Tuzla.
Approximately one-third of the column, mostly composed of
military personnel, crossed the Bratunac-Milici road near
Nova Kasaba and reached safety in Tuzla. The remaining
Muslims were trapped behind the Bosnian Serb lines.
19. Thousands of Muslims were captured by or surrendered
to Bosnian Serb military forces under the command and
control of RATKO MLADIC and RADOVAN KARADZIC. Many of the
Muslims who surrendered did so because they were assured
that they would be safe if they surrendered. In many
instances, assurances of safety were provided to the
Muslims by Bosnian Serb military personnel who were with
other Bosnian Serb soldiers wearing stolen UN uniforms,
and by Muslims who had been captured and ordered to
summon their fellow Muslims from the woods.
20. Many of the Bosnian Muslims who were captured by or
surrendered to Bosnian Serb military personnel were
summarily executed by Bosnian Serb military personnel at
the locations of their surrender or capture, or at other
locations shortly thereafter. Incidents of such summary
executions include, but are not limited to:
20.1 On or about 13 July 1995, near Nezuk in the Republic
of Bosnia and Herzegovina, a group of 10 Bosnian Muslim
men were captured. Bosnian Serb soldiers summarily
executed some of these men, including Mirsad Alispahic
and Hajrudin Mesanovic.
20.2 On or about 13 July 1995, on the banks of the Jadar
River between Konjevic Polje and Drinjaca, Bosnian Serb
soldiers summarily executed 15 Bosnian Muslim men who had
surrendered or been captured. Amongst those killed were
Hamed Omerovic, Azem Mujic and Ismet Ahmetovic.
20.3 On or about 13 July 1995, in the vicinity of
Konjevic Polje, Bosnian Serb soldiers summarily executed
hundreds of Muslims, including women and children.
20.4 On or about 17 July 1995 or 18 July 1995, in the
vicinity of Konjevic Polje, Bosnian Serb soldiers
captured about 150-200 Bosnian Muslims and summarily
executed about one-half of them.
20.5 On or about 18 July 1995 or 19 July 1995, in the
vicinity of Nezuk, about 20 groups, each containing
between 5-10 Bosnian Muslim men, surrendered to Bosnian
Serb military forces. After the men surrendered, Bosnian
Serb soldiers ordered them to line up and summarily
executed them.
20.6 On or about 20 July 1995 or 21 July 1995, near the
village of Meces, Bosnian Serb military personnel, using
megaphones, urged Bosnian Muslim men who had fled
Srebrenica to surrender and assured them that they would
be safe. Approximately 350 Bosnian Muslim men responded
to these entreaties and surrendered. Bosnian Serb
soldiers then took approximately 150 of them, instructed
them to dig their own graves and then summarily executed
them.
20.7 On or about 21
July 1995 or 22 July 1995, near the village of Meces, an
excavator dug a large pit and Bosnian Serb soldiers
ordered approximately 260 Bosnian Muslim men who had been
captured to stand around the hole. The Muslim men were
then surrounded by armed Bosnian Serb soldiers and
ordered not to move or they would be shot. Some of the
men moved and were shot. The remaining men were pushed
into the hole and buried alive.
21. Many of the Muslims who surrendered to Bosnian Serb
military personnel were not killed at the locations of
their surrender, but instead were transported to central
assembly points where Bosnian Serb soldiers held them
under armed guard. These assembly points included, among
others, a hangar in Bratunac; soccer fields in Kasaba,
Konjevic Polje, Kravica, and Vlasenica; a meadow behind
the bus station in Sandici and other fields and meadows
along the Bratunac - Milici road.
22. Between 12 July 1995 and 14 July 1995, at various of
these assembly points, including the hangar in Bratunac
and the soccer stadium in Kasaba, RATKO MLADIC addressed
the Bosnian Muslim detainees. He falsely and repeatedly
assured them that they would be safe and that they would
be exchanged for Bosnian Serb prisoners held by Bosnian
government forces.
23. Between 12 July 1995 and 14 July 1995, Bosnian Serb
military personnel arbitrarily selected Bosnian Muslim
detainees and summarily executed them.
Mass Executions Near Karakaj
24. On or about 14 July 1995, Bosnian Serb military
personnel transported thousands of Muslim detainees from
Bratunac, Kravica and other locations to an assembly
point in a school complex near Karakaj. At this assembly
point, Bosnian Serb military personnel ordered the Muslim
detainees to take off their jackets, coats and other
garments and place them in front of the sports hall. They
were then crowded into the school building and adjacent
sports hall and held under armed guard.
25. On or about 14 July 1995, at this school complex near
Karakaj, RATKO MLADIC conferred with his military
subordinates and addressed some of the Muslims detained
there.
26. At various times during 14 July 1995, Bosnian Serb
military personnel killed Bosnian Muslim detainees at
this school complex.
27. Throughout 14 July 1995, Bosnian Serb military
personnel removed all the Muslim detainees, in small
groups, from the school building and sports hall and
loaded them onto trucks guarded and driven by Bosnian
Serb soldiers. Before boarding the trucks, many of the
detainees had their hands tied behind their backs or were
blindfolded. They were then driven to at least two
locations in the vicinity of Karakaj.
28. Once the trucks arrived at these locations, Bosnian
Serb military personnel ordered the bound or blindfolded
Muslim detainees off the trucks and summarily executed
them. The summary executions took place from
approximately noon to midnight on 14 July 1995.
29. Bosnian Serb military personnel buried the executed
Bosnian Muslim men in mass graves near the execution
sites.
30. On or about 14 July 1995, RATKO MLADIC was present at
one of the mass execution sites when Bosnian Serb
military personnel summarily executed Bosnian Muslim men.
31. The summary
executions of Bosnian Muslim males, which occurred on 14
July 1995 in the vicinity of Karakaj, resulted in the
loss of thousands of lives.
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THE ACCUSED
32. 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.
33. RATKO MLADIC was born on 12 March 1943 in Kalinovik
municipality 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
34. 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.
35. 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 of the Bosnian Serb administration in
times of war and peace and having the authority to
appoint, promote and discharge officers of the army. As
president, he was and is a position of superior authority
to RATKO MLADIC and every member of the Bosnian Serb army
and all units and personnel assigned or attached to the
Bosnian Serb army.
36. 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. This Act
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.
37. 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.
38. 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, and these agreements have been
implemented.
RATKO MLADIC
39. 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. 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. In that capacity, he was and
is in a position of superior authority to every member of
the Bosnian Serb army and all units and personnel
assigned or attached to that army.
40. 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
41. 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.
42. In each paragraph charging genocide, a crime
recognised by Article 4 of the Statute of the Tribunal,
the alleged acts or omissions were committed with the
intent to destroy, in whole or in part, a national,
ethnical, or religious group, as such.
43. 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 or systematic or large-scale attack directed
against a civilian population.
44. RATKO MLADIC and RADOVAN KARADZIC are individually
responsible for the crimes alleged against them in this
indictment pursuant to Article 7(1) of the Tribunal
Statute. Individual criminal responsibility includes
committing, planning, instigating, ordering or otherwise
aiding and abetting in the planning, preparation or
execution of any crimes referred to in Articles 2 to 5 of
the Tribunal Statute.
45. RATKO MLADIC and RADOVAN KARADZIC are also, or
alternatively, criminally responsible as commanders for
the acts of their subordinates pursuant to Article 7(3)
of the Tribunal Statute. Command criminal responsibility
is the responsibility of a superior officer for the acts
of his subordinate if he knew or had reason to know that
his 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.
46. The general allegations contained in paragraphs 41
through 45 are realleged and incorporated into each of
the charges set forth below.
CHARGES
COUNTS 1-2
(GENOCIDE)
(CRIME AGAINST HUMANITY)
47. Between about 12 July 1995 and 13 July 1995, Bosnian
Serb military personnel, under the command and control of
RATKO MLADIC and RADOVAN KARADZIC, arrived in Potocari
where thousands of Muslim men, women and children had
sought refuge in and around the UN military compound.
Bosnian Serb military personnel, under the command and
control of RATKO MLADIC and RADOVAN KARADZIC, summarily
executed many Bosnian Muslim refugees who remained in
Potocari.
48. Between about 13 July 1995 and 22 July 1995, Bosnian
Serb military personnel, under the command and control of
RATKO MLADIC and RADOVAN KARADZIC, summarily executed
many Bosnian Muslim men who fled to the woods and were
later captured or surrendered.
49. Thousands of Bosnian Muslim men, who fled Srebrenica
and who surrendered or had been captured, were
transported from various assembly locations in and around
Srebrenica to a main assembly point at a school complex
near Karakaj.
50. On or about 14 July 1995, Bosnian Serb military
personnel, under the command and control of RATKO MLADIC
and RADOVAN KARADZIC, transported thousands of Muslim men
from this school complex to two locations a short
distance away. At these locations, Bosnian Serb soldiers,
with the knowledge of RATKO MLADIC, summarily executed
these Bosnian Muslim detainees and buried them in mass
graves.
51. RATKO MLADIC and RADOVAN KARADZIC, between about 6
July 1995 and 22 July 1995, individually and in concert
with others, planned, instigated, ordered or otherwise
aided and abetted in the planning, preparation or
execution of the following crimes:
a) summary executions of Bosnian Muslim men and women in
and around Potocari on 12 July 1995 and 13 July 1995,
b) summary executions, which occurred between 13 July
1995 and 22 July 1995, of Bosnian Muslims who were hors
de combat because of injury, surrender or capture after
fleeing into the woods towards Tuzla,
c) summary executions of Bosnian Muslim men, which
occurred on or about 14 July 1995 at mass execution sites
in and around Karakaj.
By their acts and omissions in relation to the events
described in paragraphs 13, 14, 20.1-20.7, 23, 26 and 28,
RATKO MLADIC and RADOVAN KARADZIC committed:
Count 1: GENOCIDE as recognised by Article 4(2)(a)
(killing members of the group) of the Statute of the
Tribunal.
Count 2: A CRIME AGAINST HUMANITY as recognised by
Article 5(b) (extermination) of the Statute of the
Tribunal.
COUNTS 3-4
(CRIME AGAINST HUMANITY)
(VIOLATION OF THE LAWS OR CUSTOMS OF WAR)
52. By their acts and omissions in relation to the
summary executions of Bosnian Muslim men and women that
occurred in and around Potocari between 12 July 1995 and
13 July 1995, described heretofore in paragraph 13, RATKO
MLADIC and RADOVAN KARADZIC committed:
Count 3: A CRIME AGAINST HUMANITY as recognised by
Article 5(a) (murder) of the Statute of the Tribunal.
Count 4: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR as
recognised by Article 3 (murder) of the Statute of the
Tribunal.
COUNTS 5-18
(CRIMES AGAINST HUMANITY)
(VIOLATION OF THE LAWS OR CUSTOMS OF WAR)
53. By their acts and omissions in relation the summary
executions of Bosnian Muslims who fled Srebrenica into
the woods between 13 July 1995 and 22 July 1995 as
described heretofore in paragraphs 20.1 to 20.7, RATKO
MLADIC and RADOVAN KARADZIC committed:
Count 5: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.1) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 6: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.1) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 7: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.2) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 8: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.2) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 9: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.3) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 10: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.3) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 11: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.4) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 12: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.4) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 13: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.5) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 14: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.5) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 15: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.6) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 16: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.6) as recognised by Article 3
(murder) of the Statute of the Tribunal.
Count 17: A CRIME AGAINST HUMANITY (in relation to
paragraph 20.7) as recognised by Article 5(a) (murder) of
the Statute of the Tribunal.
Counts 18: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR (in
relation to paragraph 20.7) as recognised by Article 3
(murder) of the Statute of the Tribunal.
COUNTS 19-20
(CRIME AGAINST HUMANITY)
(VIOLATION OF THE LAWS OR CUSTOMS OF WAR)
54. By their acts and omissions in relation to the
summary executions of Bosnian Muslim men at mass
execution sites in and around Karakaj, on or about 14
July 1995, as described in paragraph 28, RATKO MLADIC and
RADOVAN KARADZIC committed:
Count 19: A CRIME AGAINST HUMANITY as recognised by
Article 5(a) (murder) of the Statute of the Tribunal.
Count 20: A VIOLATION OF THE LAWS OR CUSTOMS OF WAR as
recognised by Article 3 (murder) of the Statute of the
Tribunal.
______________________
Richard J. Goldstone
Prosecutor
14 November 1995
The Hague,
The Netherlands
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