TABLE OF CONTENTS

(a) Civilians Flee from Srebrenica to Potocari
(b) Conditions in Potocari
(c) Negotiations related to the Refugees in Potocari
(d) Atmosphere in Potocari and Intimidation by VRS forces
(e) Separations of Men from Women, Children and Elderly
(f) The Transport of the Civilian Population out of Potocari
(g) Killings in Potocari
(h) Potocari: 16-17 July
(i) Conclusions and Findings related to the Role of the Bratunac Brigade

2. The Column

(a) 10-16 July 1995

(i) Searching the Terrain
(ii) Specific Incidents related to the Men Detained 12-15 July 5

a. Killings along the Konjevic Polje-Nova Kasaba road
b. Sandici meadow
c. The Warehouse at the Konjevic Polje Intersection
d. Interrogation at Konjevic Polje Checkpoint
e. Nova Kasaba
f. Detention near the Kravica supermarket

(b) Detention and killings after 17 July

(i) 18-19 July 1995 – Capture and Execution in the area of Baljkovica near Nezuk

E. Detention and killings in Bratunac town

1. General situation in Bratunac town
2. Detention in buses in Bratunac town
3. Detention and killings in and around the Vuk Karadzic School on 12 and 13 July 1995
4. Transport of prisoners from Bratunac to the Zvornik area - 13 to 15 July
5. Conclusions and Findings related to the Role of the Bratunac Brigade 5

F. Organised Mass Executions and Burial Operations

1. Mass Executions and Burial Operations

(a) Potocari
(b) Jadar River
(c) Cerska Valley
(d) Kravica Warehouse

(i) Executions
(ii) Burials at Glogova
(iii) Forensic evidence

(e) Tisca
(f) Orahovac

(i) Transport to Grbavci School
(ii) Executions at Orahovac
(iii) Digging of Mass Graves and Burials

(g) Petkovci School and Dam near Petkovci
(h) Pilica School
(i) Branjevo Military Farm
(j) Pilica Cultural Centre
(k) Kozluk

2. Conclusions and Findings related to the Role of Bratunac Brigade
3. Conclusions and Findings related to the Role of Zvornik Brigade

G. Reburial Operation 1 August -1 November 1995

1. Reburials in the area of responsibility of the Bratunac Brigade
2. Reburials in the area of responsibility of the Zvornik Brigade

III. FACTUAL FINDINGS RELATED TO THE INDIVIDUAL CRIMINAL RESPONSIBILITY OF VIDOJE BLAGOJEVIC

A. Findings related to Colonel Blagojevic as Commander of the Bratunac Brigade

1. Competencies
2. Functional – or Parallel – Chain of Command?

(a) Arguments of the Defence for Vidoje Blagojevic
(b) Functional Relationship within the Security and Intelligence Organs

(i) Duties of the Security and Intelligence Organs

a. Duties of the Security Organs
b. Duties of the Security Organ in Relation to the Military Police
c. Duties of the Intelligence Organs

(ii) “Functional Chain of Command”

a. The Functional Chain of Command in Security Organs
b. The Functional Chain of Command in Intelligence Organs
c. General Mladic’s Instructions
d. The Functional Chain of Command in Relation to Security within the Bratunac Brigade

3. Actions to punish crimes committed

(a) Relevant laws and regulations in the Republika Srpska
(b) The conduct of investigations and judicial proceedings
(c) Investigations into events in Srebrenica
(d) Actions undertaken by Colonel Blagojevic

B. Evidence Related to Whereabouts and Actions of Vidoje Blagojevic
C. Colonel Blagojevic’s Knowledge of Actions of the Bratunac Brigade

1. In relation to the Srebrenica Enclave before 11 July 1995
2. Potocari
3. The Column
4. Detention and Killings in Bratunac
5. Organised Mass Executions and Burial Operations

IV. FACTUAL FINDINGS RELATED TO THE INDIVIDUAL CRIMINAL RESPONSIBILITY OF DRAGAN JOKIC

A. Findings Related to Dragan Jokic’s Role as Duty Officer on 14-15 July 1995

1. Role and Functions of the Operations Duty Officer
2. Dragan Jokic as a duty officer from the morning of 14 July until morning of 15 July

B. Findings Related to Dragan Jokic’s Role as Chief of Engineering

1. Competencies of the Chief of Engineering and the Engineering Company Commander
2. Deployment of the Zvornik Brigade engineering personnel and resources

(a) Kravica, 14 July 1995
(b) Orahovac, 14-16 July 1995
(c) Kozluk, 16 July 1995
(d) Branjevo Military Farm (Pilica commune), 17 July 1995
(e) Other evidence regarding presence of Engineering Company resources 5

V. LEGAL AND FACTUAL FINDINGS IN RELATION TO CRIMES CHARGED

A. General Requirements of Article 3 and Article 5 of the Statute

1. Article 3
2. Article 5
3. Findings

B. MURDER

1. Applicable Law
2. Findings

(a) “Opportunistic Killings”
(b) Mass Executions
(c) Conclusion

C. Extermination

1. Applicable Law
2. Findings

D. Persecutions

1. Applicable Law
2. Specific Offences Charged as Persecutions

(a) Murder
(b) Cruel and Inhumane Treatment
(c) Terrorising the Civilian Population
(d) Destruction of Personal Property
(e) Forcible Transfer

3. Findings

(a) Murder
(b) Cruel and Inhumane Treatment
(c) Terrorising the Civilian Population
(d) Destruction of Personal Property
(e) Forcible Transfer

4. Overall Finding on whether Elements for Persecution have been Satisfied

E. Other Inhumane Acts (forcible transfer)

1. Applicable Law
2. Findings

F. Complicity in Genocide

1. Introduction
2. Discussion

(a) Genocide

(i) The underlying acts

a. Killings members of the group
b. Causing serious bodily or mental harm to members of the group

(ii) The specific intent for genocide

a. “Intent”
b. “Destroy”
c. “National, ethnical, racial or religious groups”
d. “In whole or in part”
e. “As such”

(iii) Findings: was genocide committed?

(b) Complicity in genocide
(c) Superior or command responsibility

VI. LEGAL AND FACTUAL FINDINGS OF INDIVIDUAL CRIMINAL RESPONSIBILITY OF THE ACCUSED

A. Introduction
B. Article 7(1) of the Statute

1. Committing

(a) Applicable Law
(b) Findings in relation to Vidoje Blagojevic
(c) Findings in relation to Dragan Jokic

2. Aiding and Abetting

(a) Applicable Law
(b) Findings in relation to Vidoje Blagojevic

(i) Preliminary Matter: Reburial Operation
(ii) Murder (under Articles 3 and 5 of the Statute)

a. Mass Executions
b. “Opportunistic Killings”

i. Vuk Karadzic School
ii. Resid Sinanovic

(iii) Extermination
(iv) Persecutions
(v) Inhumane Acts (Forcible transfer)

(i) Murder (under Article 3 and 5 of the Statute)

a. Kravica and Glogova
b. Orahovac
c. Petkovci School and Dam near Petkovci
d. Pilica School and Branjevo Military Farm
e. Kozluk
f. Conclusion

(ii) Extermination
(iii) Persecutions

3. Complicity

(a) Applicable Law
(b) Findings

C. Article 7(3) of the Statute

1. Applicable Law
2. Findings in relation to Vidoje Blagojevic

VII. FINDINGS OF THE TRIAL CHAMBER

A. Charges against Vidoje Blagojevic
B. Charges against Dragan Jokic

VIII. CUMULATIVE CONVICTIONS

A. Cumulative convictions

1. Murder under Article 3 and 5 of the Statute
2. Extermination (Article 5) and murder under Article 3 of the Statute
3. Extermination and murder under Article 5 of the Statute
4. Persecutions and other crimes under Article 5

IX. SENTENCING

A. Applicable Law of the Tribunal
B. Principles and Purposes of Punishment
C. Sentencing Factors

1. Penalties Imposed in the former Yugoslavia
2. Gravity of the Offence
3. Aggravating Circumstances

(a) In relation to both Accused

(i) Numbers of Victims
(ii) Status, Vulnerability of the Victims and Victim Impact
(iii) Educational background of the Accused.

(b) In relation to Vidoje Blagojevic

(i) Senior Position of the Accused and Abuse of Authority
(ii) Voluntary Participation and Prolonged Nature of the Crime

4. Mitigating circumstances

(a) Mitigating circumstances relating to Dragan Jokic

(i) Good character
(ii) Family circumstances
(iii) Voluntary Surrender and Behaviour towards the Tribunal

(b) Mitigating Factor in relation to Both Accused

(i) Behaviour after the commission of the crimes

X. DISPOSITION

I. ANNEX 1: GLOSSARY

A. Filings in the Case of the Prosecution v. Vidoje Blagojevic and Dragan Jokic
B. ICTY Judgements and Decisions
C. ICTR Judgements
D. List of other authorities

1. Domestic Laws
2. International Legal Instruments and Commentaries
3. Select list of other legal authorities
4. Reports
5. UN Resolutions
6. List of Abbreviations

II. ANNEX 2: PROCEDURAL HISTORY

A. Pre-Trial Proceedings

1. Arrest, Indictment and Assignment of Counsel

(a) Vidoje Blagojevic
(b) Dragan Jokic

2. Joinder of the Cases
3. Guilty Pleas of Momir Nikolic and Dragan Obrenovic and Separation of Proceedings
4. Disclosure
5. Provisional Release

(a) Dragan Jokic
(b) Vidoje Blagojevic

6. Motion for Disqualification of Trial Chamber II
7. Status Conferences

B. Assignment of Counsel to Vidoje Blagojevic
C. Trial Proceedings

1. Assignment of a Bench
2. Protective Measures
3. Adjudicated Facts and Agreement of the Parties
4. Leave to Amend the Indictment
5. The Prosecution Case

(a) Judgement on Motions for Acquittal

6. The Defence Case for Vidoje Blagojevic
7. The Defence Case for Dragan Jokic
8. Statements or Testimony of the Accused
9. Rebuttal and Re-opening
10. Closing Arguments

D. The Site Visit