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HAGG ICTY
26-09-2002, 10:02
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, and 5 of the Statute of the Tribunal and 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. Committing in this indictment refers to participation in a joint criminal enterprise as co-perpetrator.


6. Slobodan MILOSEVIC participated in a joint criminal enterprise as set out in paragraphs 24 to 26. The purpose of this joint criminal enterprise was the forcible removal of the majority of the Croat and other non-Serb population from the approximately one-third of the territory of the Republic of Croatia that he planned to become part of a new Serb-dominated state through the commission of crimes in violation of Articles 2, 3, and 5 of the Statute of the Tribunal. These areas included those regions that were referred to by Serb authorities and are hereinafter referred to as the "Serbian Autonomous District /Sprska autonomna oblast/ ("SAO") Krajina", the "SAO Western Slavonia", and the "SAO Slavonia, Baranja and Western Srem" (collectively referred to by Serb authorities after 19 December 1991 as the "Republic of Serbian Krajina /Republika Srpska krajina/" ("RSK")), and "Dubrovnik Republic /Dubrovacka republika/".


7. This joint criminal enterprise came into existence before l August 1991 and continued until at least June 1992. Individuals participating in this joint criminal enterprise included Slobodan MILOSEVIC, Borisav JOVIC, Branko KOSTIC, Veljko KADIJEVIC, Blagoje ADZIC, Milan BABIC, Milan MARTIC, Goran HADZIC, Jovica STANISIC, Franko SIMATOVIC, also known as "Frenki", Tomislav SIMOVIC, Vojislav SESELJ, Momir BULATOVIC, Aleksandar VASILJEVIC, Radovan STOJICIC, also known as "Badza", Zeljko RAZNATOVIC, also known as "Arkan", and other known and unknown participants.


8. The crimes enumerated in Counts 1 to 32 of this indictment were within the object of the joint criminal enterprise. Alternatively, the crimes enumerated in Counts 1 to 13 and 17 to 32 were the 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 several individuals in the joint criminal enterprise. Each participant or co-perpetrator within the joint criminal enterprise played his own role or roles that significantly contributed to the overall objective of the enterprise. The roles of the participants or co-perpetrators include, but are not limited to, the following:


10. Borisav JOVIC, holding different positions as a member, Vice-President, and President of the SFRY Presidency from 15 May 1989 until April 1992, as President of the SPS from May 1991 until October 1992, and holding other key positions of the SPS until November 1995, and Branko KOSTIC, the Vice-President and then Acting President of the SFRY Presidency in the relevant period, together with others, commanded, directed, or otherwise exercised effective control over the Yugoslav People’s Army ("JNA") and the Territorial Defence ("TO") units and the volunteer units acting in co-ordination and under supervision of the JNA.


11. General Veljko KADIJEVIC, as Federal Secretary for National Defence from 15 May 1988 until 6 January 1992, commanded, directed, or otherwise exercised effective control over the JNA and the TO units and the volunteer units acting in co-ordination and under supervision of the JNA.


12. General Blagoje ADZIC, in his capacity as JNA Chief-of-Staff from October 1989 until 8 May 1992 and Acting Federal Secretary for National Defence from January 1992 until 8 May 1992, together with others commanded, directed, or otherwise exercised effective control over the JNA and the TO units and the volunteer units acting in co-ordination and under supervision of the JNA.


13. General Aleksandar VASILJEVIC, in his capacity as a JNA general and chief of the JNA Security Administration until 8 May 1992, in particular the military counter-intelligence service Kontraobavestajna sluzba ("KOS"), participated in activities designed to stir up hate, fear and violence, which significantly helped attain the overall objectives of the joint criminal enterprise. Agents of the KOS directed and supported the local Croatian Serb political leaders and the local Serb police and military forces, including the TO staff and volunteers from Serbia.


14. Jovica STANISIC, in his capacity as chief of the State Security (Drzavna bezbednost) ("DB") of the Republic of Serbia from March 1991 until October 1998, commanded, directed, or otherwise exercised effective control over members of the DB, who participated in the perpetration of the crimes specified in this indictment. In addition, he provided arms, funds, training, or other substantial assistance or support to Serb volunteer units and police units who perpetrated crimes specified in this indictment.


15. Franko SIMATOVIC, also known as "Frenki", as head of the special operations component of the DB of the Republic of Serbia, commanded, directed, or otherwise exercised effective control over agents of the DB who perpetrated crimes specified in this indictment. In addition, he provided training, funds, arms, or other substantial assistance or support to members of "Martic’s Police" and Serb volunteer units who perpetrated crimes specified in this indictment.


16. Tomislav SIMOVIC, in his position as Minister of Defence of the Republic of Serbia from 31 July 1991 until at least 19 December 1991, formed, deployed, and provided substantial assistance or support to Serb volunteer units and other Serb forces involved in the perpetration of crimes specified in this indictment.


17. Milan MARTIC, as "Secretary of the Secretariat of Internal Affairs" of the SAO Krajina from 4 January 1991 until 29 May 1991; as "Minister of Defence" of the SAO Krajina from 29 May 1991 until 27 June 1991; and as "Minister of Internal Affairs" for the SAO Krajina (later Republic of Serbian Krajina) from 27 June 1991 until January 1994, established, commanded, directed, and otherwise exercised effective control over members of his police force (referred to as "Martic’s Police", "Marticevci", "SAO Krajina Police" or "SAO Krajina Militia").


18. Milan BABIC, as "President of the Executive Council" of the SAO Krajina from at least 19 January 1991 until 29 May 1991, "President of the Government" of the SAO Krajina from 29 May 1991 until December 1991, and as "President of the Republic" of the Republic of Serbian Krajina from 19 December 1991 until 26 February 1992, organised and administered the actions of the joint criminal enterprise in the SAO Krajina.


19. Goran HADZIC, in his capacity as "President of the Serbian National Council" of the SAO Slavonia, Baranja and Western Srem (SBWS) from 17 March 1991 until at least 25 September 1991, "President of the Government" of the SAO SBWS from at least 25 September 1991 until 26 February 1992, and then as "President of the Republic" of the Republic of Serbian Krajina until January 1994, established, commanded, directed, and otherwise exercised effective control over police (also known as Militia) units and the Serb National Security (SNB) of the SAO SBWS. He provided funding and other substantial assistance and support to the TO units of the SAO SBWS and the Republic of Serbian Krajina. In addition, he personally participated in crimes specified in paragraphs 50 to 55 in the indictment.


20. Radovan STOJICIC, also known as "Badza", previously the commander of a special police unit in Kosovo, on orders of Slobodan MILOSEVIC, went to Croatia in summer 1991 and established the Serb TO units of SBWS, whose members perpetrated crimes as described in this indictment. From early autumn 1991 until December 1991, he personally participated in these crimes as commander of the TO SBWS.


21. Zeljko RAZNATOVIC, also known as "Arkan", in 1990 established and commanded the Serbian Volunteer Guard, a volunteer unit commonly known as "Arkanovci" or "Arkan’s Tigers", who were under the command of the TO of the SAO SBWS. During the time relevant to this indictment, they maintained a significant military base in Erdut, SAO SBWS, from where members of this unit participated in the crimes described in this indictment. This military base also served as the training centre of other TO units. Zeljko RAZNATOVIC himself functioned as the commander of the base in Erdut and personally participated in the crimes specified in paragraphs 50 to 51, 53 to 54, and 56 to 58 in the indictment.


22. Vojislav SESELJ, as President of the Serbian Radical Party (SRS) from at least February 1991 throughout the time relevant to this indictment recruited or otherwise provided substantial assistance or support to Serb volunteers, commonly known as "chetniks" (četnici), "Šešeljevci" or "Sešelj’s men", who perpetrated crimes as specified in this indictment. In addition, he openly espoused and encouraged creation of a "Greater Serbia" by violence and other unlawful means, and actively participated in war propaganda and spreading inter-ethnic hatred.


23. Momir BULATOVIC, as President of the Republic of Montenegro from 1990 until 1998, mobilised and provided substantial assistance to Montenegrin troops, including TO, police and volunteer units, who were deployed to the Republic of Croatia, forming part of the JNA, and who perpetrated crimes as specified in this indictment.


24. From 1987 until late 2000, Slobodan MILOSEVIC was the dominant political figure in Serbia. He acquired control of all facets of the Serbian government, including the police and other state security services. In addition, he gained control over the political leaders of Kosovo, Vojvodina, and Montenegro.


25. In his capacity as the President of Serbia and through his leading position in the SPS party, Slobodan MILOSEVIC exercised effective control or substantial influence over the above-listed participants in the joint criminal enterprise and either alone or acting in concert with them and additional known and unknown persons effectively controlled or substantially influenced the actions of the Federal Presidency of the SFRY and later the FRY, the Serbian Ministry of Internal Affairs ("MUP"), the JNA, the Serb-run TO staff in the territories subject to this indictment as well as Serb volunteer groups.



26. Slobodan MILOSEVIC, acting alone and in concert with other members of the joint criminal enterprise, participated in the joint criminal enterprise in the following ways:

a) provided direction and assistance to the political leadership of the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and RSK on the take-over of these areas and the subsequent forcible removal of the Croat and other non-Serb population.

b) provided financial, material and logistical support for the regular and irregular military forces necessary for the take-over of these areas and the subsequent forcible removal of the Croat and other non-Serb population.

c) directed organs of the government of the Republic of Serbia to create armed forces separate from the federal armed forces to engage in combat activities outside the Republic of Serbia, in particular in the said areas in Croatia and the subsequent forcible removal of the Croat and other non-Serb population.

d) participated in the formation, financing, supply, support and direction of special forces of the Republic of Serbia Ministry of Internal Affairs. These special forces were created and supported to assist in the execution of the purpose of the joint criminal enterprise through the commission of crimes which are in violation of Articles 2, 3 and 5 of the Statute of the Tribunal.

e) participated in providing financial, logistical and political support and direction to Serbian irregular forces and paramilitaries. Such support was given in furtherance of the joint criminal enterprise through the commission of crimes which are in violation of Articles 2, 3 and 5 of the Statute of the Tribunal.

f) participated in the planning and preparation of the take-over of the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and the Dubrovnik Republic and the subsequent forcible removal of the Croat and other non-Serb population.

g) exerted effective control or substantial influence over the JNA which participated in the planning, preparation and execution of the forcible removal of the Croat and other non-Serb population from the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and the Dubrovnik Republic.

h) provided financial, logistical and political support to TO units and Serb volunteer units acting in the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and the Dubrovnik Republic, which assisted in the execution of the purpose of the joint criminal enterprise through the commission of crimes which are in violation of Articles 2, 3 and 5 of the Statute of the Tribunal.

i) effectively ordered the passage of laws and regulations relative to the involvement of the JNA, the TO and Serb volunteer units in Croatia.

j) directed, commanded, controlled, or otherwise provided substantial assistance or support to the JNA, the Serb-run TO staff, and volunteer forces deployed in the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and the Dubrovnik Republic engaged in the execution of the purpose of the joint criminal enterprise through the commission of crimes which are in violation of Articles 2, 3 and 5 of the Statute of the Tribunal.

k) directed, commanded, controlled, or otherwise provided substantial assistance or support to the police forces within the MUP of the Republic of Serbia, including the DB, whose members assisted in the execution of the purpose of the joint criminal enterprise in the SAO SBWS, the SAO Western Slavonia, the SAO Krajina and the Dubrovnik Republic.

l) financed Serb military, police, and irregular soldiers in Croatia who perpetrated crimes as specified in this indictment.

m) controlled, contributed to, or otherwise utilised Serbian state-run media outlets to manipulate Serbian public opinion by spreading exaggerated and false messages of ethnically based attacks by Croats against Serb people in order to create an atmosphere of fear and hatred among Serbs living in Serbia and Croatia. The propaganda generated by the Serbian media was an important tool in contributing to the perpetration of crimes in Croatia.


27. Slobodan MILOSEVIC knowingly and wilfully participated in the joint criminal enterprise, sharing the intent of other participants in the joint criminal enterprise or aware of the foreseeable consequences of their actions. On this basis, he bears individual criminal responsibility for these crimes under Article 7 (1) of the Statute of the Tribunal in addition to his responsibility under the same Article for having planned, instigated, ordered or otherwise aided and abetted in the planning, preparation and execution of these crimes.


28. The accused and other participants in the joint criminal enterprise shared the intent and state of mind required for the commission of each of the crimes charged in counts 1 to 32.

Article 7(3) of the Statute of the Tribunal

29. Slobodan MILOSEVIC, while holding positions of superior authority, is also individually criminally responsible for the acts or omissions of his subordinates, pursuant to Article 7(3) of the Statute of the Tribunal. A superior is responsible for the criminal acts of his subordinates if he knew or had reason to know that his subordinates were 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.

gledao i...
26-09-2002, 17:43
...slusao direkno. Lijepo sam se nasmijaoa...ali bilo je dugo...Predugo..