Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Ljubomir Obradovic

Ljubomir Obradovic

Ratings: (0)|Views: 8 |Likes:
Published by Safa Ansari-Bayegan
Ljubomir Obradovic
Ljubomir Obradovic

More info:

Published by: Safa Ansari-Bayegan on Jul 16, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/17/2014

pdf

text

original

 
UNITEDNATIONS
 
Case No.:
 
IT-09-92-PTDate: 12 April 2012International Tribunal for theProsecution of PersonsResponsible for Serious Violations of International Humanitarian LawCommitted in the Territory of theformer Yugoslavia since 1991
 IN TRIAL CHAMBER IBefore: Judge Alphons Orie, PresidingJudge Bakone Justice MolotoJudge Christoph Flügge
 
Registrar: Mr. John HockingTHE PROSECUTORv.RATKO MLADI]
Public with Confidential Annexes A and B 
P
ROSECUTION
92
TER 
 
M
OTION
:
 
L
JUBOMIR
O
BRADOVIĆ
,
 
RM321The Office of the Prosecutor:
Mr. Dermot GroomeMr. Peter McCloskey
Counsel for Ratko Mladi}:
 Mr. Branko Luki}Mr. Miodrag Stojanovi}
38541IT-09-92-PTD38541 - D3852813 April 2012 SMS
 
Case No. IT-09-92-PT 12 April 2012
1
THE INTERNATIONAL CRIMINAL TRIBUNALFOR THE FORMER YUGOSLAVIAIT-09-92-PTTHE PROSECUTORv.RATKO MLADI]
Public with Confidential Annexes A and B 
1
 
P
ROSECUTION
92
TER 
 
M
OTION
:
 
L
JUBOMIR
O
BRADOVIĆ
,
 
RM321
I.
Introduction
1.
 
Further to the Prosecution’s Submissions on Trial Chamber Guidelines(Guidelines Submission),
2
the Prosecution seeks leave to adduce the prior transcriptevidence of witness Col. Ljubomir Obradovi} (RM321) from the
Tolimir 
case(“
Tolimir 
Testimony”)
3
, together with its associated exhibits, pursuant to Rule 92
ter 
 of the Rules of Procedure and Evidence (“Rules”)
.
 2.
 
Although the instant motion does not conform to the Chamber’s guidanceconcerning Rule 92
ter 
applications (“Guidelines”),
4
the proposed evidence satisfiesall of the admissibility requirements of Rule 92
ter 
(A). It further provides a concreteexample of some of the issues raised in the Guidelines Submission. Should theChamber reject the Guidelines Submission, the Prosecution will withdraw thisapplication and lead Col. Obradovi}’s evidence
viva voce
.
1
The Annexes are filed confidentially because they refer in part to confidential exhibits and testimony.
2
 
Prosecutor v. Mladi},
Case No.IT-09-92-PT, Prosecution Submissions on Trial Chamber Guidelines,2 April 2012.
3
 
Prosecutor v. Tolimir,
Case No.IT-05-88/2-T, Trial Transcript, 29-31 March 2011 (“
Tolimir 
 Transcript”).
4
The Guidelines are set forth in Annex A to the Guidelines Submission.
38540
 
Case No. IT-09-92-PT 12 April 2012
2
II. Applicable Law
3.
 
The Prosecution incorporates by reference its summary of the applicable lawset forth in paragraphs 5 to 8 of Prosecution 92
ter 
Motion: RM505.
5
 
III. The Chamber Should Admit Witness RM321’s
Tolimir 
Testimony andAssociated Exhibits Pursuant to Rule 92
ter 
 
4.
 
Col. Obradovi}’s
Tolimir 
Testimony and the associated exhibits satisfy all of the admissibility requirements of Rules 89 and 92
ter 
(A)
.
They should, therefore, beadmitted.5.
 
Col. Obradovi} was the head of the Operations and Training Organ of theVRS Main Staff in 1995. He was directly subordinated to the Chief of theAdministration for Operations and Training Gen. Radivoje Mileti}, as his deputy. Asset out in his Rule 65
ter 
Witness Summary
6
, Col. Obradovi}’s evidence deals withseveral structural, procedural and functional elements of the VRS Main Staff and itssubordinate units. More particularly, Obradovi} provides important evidence on:
 
Key command personnel, including Gen. Mladi}, VRS Main Staff Assistant Commanders and members of the Staff Sector of the MainStaff;
 
The responsibilities of various VRS Main Staff Sectors andAdministrations, including Operations and Training, and the sectorsfor Security and Intelligence, and Civilian Affairs;
 
Lines of reporting, including and superior/subordinate relationshipswithin the VRS Main Staff;
 
The process followed by the VRS Main Staff in drafting Directives,including Directives 7 and 7.1;
 
The regulation of humanitarian aid and UNPROFOR convoys withinthe VRS Main Staff and the personnel involved in this process,including Generals Mladi}, Tolimir, and Mileti};
 
Units attached to the VRS Main Staff, including 10
th
SabotageDetachment and 65
th
Motorised Protection Regiment, and its MilitaryPolice Battalion; and
 
Communication and reporting requirements and practices within theVRS.6.
 
This evidence is highly relevant to and probative of salient and material issuesarising under the Indictment concerning the Srebrenica events. Further, to the extentthat Col. Obradovi}’s
Tolimir 
Testimony concerns the structural, procedural and
5
 
Prosecutor v. Mladi},
Case No.IT-09-92-PT, Prosecution 92
ter 
Motion: RM505, 2 April 2012.
6
 
See
Prosecution Witness List, 10 February 2012, p.337.
38539

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->