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Mladic indictment

Mladic indictment

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Published by: mark_memmott on May 26, 2011
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08/22/2012

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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-95-5/18-I
 THE PROSECUTOR OF THE TRIBUNALAGAINSTRATKO MLADICAMENDED INDICTMENT
The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to herauthority under Article 18 of the Statute of the Tribunal, charges:
RATKO MLADIC
with
GENOCIDE
,
COMPLICITY IN GENOCIDE
,
CRIMES AGAINST HUMANITY
,
 
and
VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR
, as set forth herein:
THE ACCUSED
1.
Ratko MLADIC
was born on 12 March 1942 in the municipality of Kalinovik in theRepublic of Bosnia and Herzegovina ("BiH"). He was trained at the military academy of theYugoslav People
s Army ("JNA") in Belgrade, and was then a regular officer in the JNAand subsequently in the army of the Serbian Republic of Bosnia and Herzegovina/RepublikaSrpska ("VRS").2. In June of 1991,
Ratko MLADIC
was posted to Knin as Commander of the 9
th
Corps of the JNA, during fighting between the JNA and Croatian forces. On 4 October 1991, he waspromoted to General Major by the President of the Socialist Federal Republic of Yugoslavia("SFRY"). On 24 April 1992,
Ratko MLADIC
was promoted to the rank of GeneralLieutenant, and on 25 April 1992 he was assigned to the post of Chief of Staff/DeputyCommander of the Second Military District Headquarters of the JNA in Sarajevo. Heassumed that post on 9 May 1992. On 10 May 1992,
Ratko MLADIC
assumed thecommand of the Second Military District Headquarters of the JNA.3. On 12 May 1992,
Ratko MLADIC
was appointed Commander of the Main Staff of theVRS, a position he held until at least 22 December 1996. On 24 June 1994,
RatkoMLADIC
was promoted to the rank of General Colonel.
STATEMENT OF FACTS
4. In 1990, multi-party elections were held in BiH for the first time since the Second WorldWar. At the Republic level, the SDA (
Stranka Demokratske Akcije
), the main party of theBosnian Muslims, won 86 seats in the Assembly; the SDS (
Srpska Demokratska Stranka),
the main party of the Bosnian Serbs, won 72 seats; and the HDZ (
 Hrvatska Demokratska Zajednica
), the main party of the Bosnian Croats, won 44 seats. The policy of the SDS
 
included an emphasis on the unity of ethnic Serbs in a common state. By early 1991, theSDS began to organise certain areas of BiH into Serb regional areas.5. On 25 June 1991, Slovenia and Croatia declared their independence from the SFRY. Thefollowing day, the JNA was engaged in armed conflict in Slovenia, and fighting broke outin Croatia soon thereafter. In the autumn of 1991, the
 
JNA began to withdraw its forcesfrom Croatia and re-deploy them into BiH. Working in conjunction with certain elements inthe JNA, the SDS armed the Bosnian Serb population of BiH.6. A separate Bosnian Serb Assembly, dominated by the SDS, was founded on 24 October1991 as the highest representative and legislative organ of the Serbs in BiH. On 21November 1991, the Bosnian Serb Assembly adopted a decision to endorse the Serbautonomous districts proclaimed in BiH, and on 9 January 1992, the Assembly proclaimedthe Serbian Republic of Bosnia and Herzegovina, later called Republika Srpska. On 28February 1992, the Constitution of the Serbian Republic of Bosnia and Herzegovinadeclared in Article 2 "that the territory of the Republic consists of Serb autonomous regions,municipalities and other Serbian ethnic entities, including the regions in which genocidewas committed against the Serb people in the Second World War." Such territories weredeclared to be part of the federal state of Yugoslavia.7. Shortly after BiH was internationally recognised as an independent state on 6 April 1992,hostilities broke out in Sarajevo, marking the beginning of a conflict within the city, whichwould last until 1995. Even before the conflict began, armed forces occupied strategicpositions in and around Sarajevo. The city was subsequently subjected to blockade,bombardment and sniper attacks from these positions. From May 1992, Bosnian SerbForces under the command and control of General
Ratko MLADIC
used shelling andsniping to target civilian areas of the city and its civilian population and institutions, killingand wounding civilians, and thereby also inflicting terror upon the civilian population.Much of the bombardment and sniping was from positions in the hills around andoverlooking Sarajevo, from which the attackers had a commanding view of the city, itspopulation and institutions.8. On 12 May 1992, at the 16
th
session of the Bosnian Serb Assembly, Radovan KARADZICannounced the six "strategic objectives" of the Serbian People in Bosnia and Herzegovina:1. Establish State borders separating the Serbian people from the other two ethniccommunities.2. Set up a corridor between Semberija and Krajina.3. Establish a corridor in the Drina River valley, that is, eliminate the Drina as aborder separating Serbian States.4. Establish a border on the Una and Neretva Rivers.5. Divide the city of Sarajevo into Serbian and Muslim parts and establish effectivestate authorities in both parts.6. Ensure access to the sea for Republika Srpska.Moreover, on 12 May 1992, the Bosnian Serb Assembly voted to create the VRS,effectively transforming the JNA units remaining in BiH into units of the VRS. At the sametime, the Bosnian Serb Assembly appointed
Ratko MLADIC
as Commander of the VRSMain Staff.9. On or about 20 May 1992, after a partial withdrawal of JNA forces from BiH, the JNA
 
Second Military District was effectively transformed into the nucleus of the Main Staff of the VRS.10. From May 1992, Bosnian Serb Forces under the command and control of General
RatkoMLADIC
took control of municipalities in the Serbian Republic of BiH, primarily in thenorthwestern region of BiH known as the Bosnian Krajina and in eastern Bosnia. In thesemunicipalities, the Bosnian Serb Forces participated in a campaign of persecutions to drivethe non-Serb populations from these territories. Thousands of non-Serbs were deported orforcibly transferred from these municipalities. Many non-Serbs were killed, and manyothers were held in detention facilities, where they were physically and psychologicallyabused and subjected to cruel and inhumane conditions. In addition, non-Serb homes,businesses, and religious sites and property were looted, destroyed and/or appropriated.11. On 19 November 1992, General
Ratko MLADIC
, in his capacity as Commander of theVRS Main Staff, issued Operational Directive 04, reaffirming the goals set forth in the"strategic objectives" referred to in paragraph 8 above.12. From January to March 1993, in accordance with Operational Directive 04, Bosnian SerbForces under the command and control of General
Ratko MLADIC
attacked the Cerskaarea in eastern BiH. Thousands of Muslims fled to BiH government-controlled territoryincluding Srebrenica and Zepa. On 16 April 1993, the Security Council of the UnitedNations ("UN"), acting pursuant to Chapter VII of its Charter, adopted Resolution 819, inwhich it demanded that all parties to the conflict in BiH treat Srebrenica, Zepa, Gorazde,and Sarajevo (and their surroundings) as "safe areas" which were to be free from any armedattack or any other hostile act. Thereafter, Bosnian Serb Forces under the command andcontrol of General
Ratko MLADIC
began to focus particular attention on capturing thestrategically located Srebrenica enclave and expelling the Bosnian Muslim population thathad fled there in the wake of the 1992 and 1993 "ethnic cleansing" campaigns in easternBiH referred to in paragraph 10 above.13. From 26 May 1995 through 19 June 1995, Bosnian Serb Forces under the command andcontrol of General
Ratko MLADIC
seized and held over two hundred UN militaryobservers and UN peacekeepers as hostages, following air strikes by the North AtlanticTreaty Organization ("NATO") against Bosnian Serb Forces in BiH, in order to deterfurther air strikes in those areas where the hostages were being held. Some of the hostageswere assaulted and otherwise maltreated during their captivity.14. On 8 March 1995, Radovan KARADZIC, as the Supreme Commander of the VRS, issuedOperational Directive 07, which directed the VRS to eliminate the Muslim enclaves of Srebrenica and Zepa, in furtherance of the "strategic objectives" of 12 May 1992. On 2 July1995, Bosnian Serb Forces under the command and control of General
Ratko MLADIC
 attacked the Srebrenica enclave. This attack on the enclave continued until 11 July 1995,when General
Ratko MLADIC
and the Bosnian Serb Forces entered Srebrenica.Subsequently, those Bosnian Serb Forces terrorised Bosnian Muslims, who were forciblytransferred to areas outside the enclave and many of whom fled in a huge column throughthe woods towards Tuzla. The majority of this group consisted of unarmed militarypersonnel and civilians.15. Between 12 July and about 20 July 1995, thousands of Bosnian Muslim men were capturedby, or surrendered to, Bosnian Serb Forces under the command and control of General
Ratko MLADIC
. Over 7,000 Bosnian Muslim prisoners captured in the area around

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