1. A Glossary of Terms is included in Annex A of this Judgement.
2. Charges pertaining to these 16 municipalities were set out by the Prosecution in the Indictment. The Prosecution later withdrew the charges in respect of Bihac-Ripac, Bosanska Dubica and Bosanska Gradiska municipalities (see part A of Appendix C to the “Prosecutor’s Response to the ‘Motion for Judgement of Acquittal – Rule 98bis’”, 2 October 2003). The charges in counts 1-12 are therefore based on acts related to the remaining 13 municipalities. For the purposes of this Judgement, all decisions, orders and decisions, unless otherwise specified, pertain to the case of Prosecutor v. Radoslav Brdanin & Momir Talic, Case No. IT-99-36-PT/T prior to Decision on Prosecution’s Oral Request for the Separation of Trials, 20 September 2002 and to Prosecutor v. Radoslav Brdanin , Case No. IT-99-36-T, after that date.
3. On 12 August 1992, the name of the SerBiH was changed to Republika Srpska (“RS”).
4. Indictment, para. 6.
5. Indictment, para. 7.
6. Ibid.
7. Indictment, para. 8.
8. Indictment, para. 10.
9. Indictment, para. 12.
10. Indictment, paras 14, 16-17.
11. General Framework Agreement for Peace in Bosnia-Herzegovina, initiated in Dayton on 21 November 1995, signed in Paris on 14 December 1995 (“Dayton Accords”).
12. On 15 September 1992, the Accused was appointed to these two positions.
13. The Trial Chamber notes that the use of the word “committing” in the Indictment was not intended by the Prosecution to suggest that the Accused personally physically perpetrated any of the crimes charged. See Indictment, para. 33.
14. For the purposes of this summary , the phrase “the relevant ARK municipalities” refers to the 13 municipalities in relation to which the Prosecution is alleging acts amounting to the crimes charged in the Indictment. See supra para. 2; fn. 2.
15. Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of the Armed Forces in the Field, 12 August 1949, 75 UNTS 31 (“Geneva Convention I”); Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, 12 August 1949, 75 UNTS 85 (“Geneva Convention II”); Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949, 75 UNTS 135 (“Geneva Convention III”); Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 12 August 1949, 75 UNTS 2 (“Geneva Convention IV”).
16. Rule 89(B) of the Rules.
17. Prosecutor v. Zejnil Delalic , Zdravko Mucic (aka “Pavo”), Hazim Delic and Esad Landzo (aka “Zenga”), Case No. IT 96-21-A, Judgement, 20 February 2001 (“Celebici Appeal Judgement”), para. 458.
18. Celebici Appeal Judgement , para. 458.
19. Prosecutor v. Dragoljub Kunarac , Radomir Kovac and Zoran Vukovic, Case No. IT-96-23-A &IT-96-23/1-A, Judgement , 12 June 2002 (“Kunarac Appeal Judgement”), paras 63 and 65.
20. See, e.g., Celebici Appeal Judgement, paras 491, 506; Prosecutor v. Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic and Vladimir Santic (aka “Vlado”), Case No. IT-95 -16-A, Judgement, 23 October 2001 (“Kupreskic Appeal Judgement), paras 34 -40; Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, Case No. IT-96-23-T &IT-96-23/1-T, Decision on Motion for Acquittal, 3 July 2000 (“ Kunarac Rule 98bis Decision”), para. 8; Prosecutor v. Dragoljub Kunarac , Radomir Kovac and Zoran Vukovic, Case No. IT-96-23-T &IT-96-23/1-T, Judgement , 22 February 2001 (“Kunarac Trial Judgement”), paras 561-562.
21. Prosecutor v. Milorad Krnojelac , Case No. IT-97-25-T, Judgement, 15 March 2002 (“Krnojelac Trial Judgement ”), para. 69; Kunarac Trial Judgement, para. 564.
22. Krnojelac Trial Judgement , para. 69.
23. Prosecutor v. Zlatko Aleksovski , Case No. IT-95-14/1-A, Judgement, 24 March 2000 (“Aleksovski Appeal Judgement”), para. 62; Krnojelac Trial Judgement, para. 71.
24. Krnojelac Trial Judgement , para. 71.
25. Tadic Decision on Defence Motion on Hearsay, 5 August 1996 (“Tadic Decision on Defence Motion on Hearsay ”) paras 15-19; Prosecutor v. Tihomir Blaskic, Case No. IT-95-14-T, Decision on the Standing Objection of the Defence to the Admission of Hearsay with no Inquiry as to its Reliability, 21 January 1998 (“Blaskic Decision on the Standing Objection of the Defence to the Admission of Hearsay with no Inquiry as to its Reliability ”), para. 10.
26. Tadic Decision on Defence Motion on Hearsay, paras 15-19.
27. Prosecutor v. Dusko Tadic (aka "Dule"), Case No. IT-94-1, Separate Opinion of Judge Stephen on the Prosecutor's Motion Requesting Protective Measures for Victims and Witnesses, 10 August 1995 (“Separate Opionion of Judge Stephen on Tadic Protective Measures Motion”), p. 3 .
28. Blaskic Decision on the Standing Objection of the Defence to the Admission of Hearsay with no Inquiry as to its Reliability, para. 12.
29. Separate Opionion of Judge Stephen on Tadic Protective Measures Motion, pp. 2-3.
30. Vasiljevic Trial Judgement , para. 282. See also R. v. Mattey [1995] 2 Cr App R 409; Rush v. DPP [1994] RTR 268.
31. See, e.g., Objection to OTP Exhibits, Bosanski Petrovac Municipality, 19 May 2003; Objection to OTP Exhibits , Celinac Municipality, 6 June 2003; Objection to OTP Exhibits, Teslic Municipality , 26 May 2003; Objection to OTP Exhibits, Bosanska Krupa Municipality, 30 June 2003 .
32. Defence Final Brief (confidential ), pp. 2-3.
33. See, e.g., Order on the Standards Governing the Admission of Evidence, paras 18-20.
34. Defence Final Brief (confidential ), pp. 7-8; See, e.g., Objection to OTP Exhibits, Celinac Municipality, 6 June 2003; Objection to OTP Exhibits, Teslic Municipality, 26 May 2003.
35. See, e.g., Objection to OTP Exhibits, Celinac Municipality, 6 June 2003.
36. See para. 28 supra .
37. The newspaper reports and articles that the Trial Chamber has made use of for the purposes of its deliberations are those the authenticity of which could not in any way be doubted.
38. The Trial Chamber refers in particular to the evidence of Predrag Radic in which he identifies the voices of Radovan Karadzic , Radislav Vukic , the Accused and himself: Predrag Radic, T. 22156-22157, ex. P2382.13, “Intercept”.
39. May, R., Criminal Evidence , 3rd Edition, (Sweet & Maxwell Ltd), London, 1995.
40. “[...]Thus it may be in circumstantial evidence - there may be a combination of circumstances, no one of which would raise a reasonable conviction or more than a mere suspicion, but the whole taken together may create a conclusion of guilt with as much certainty as human affairs can require or admit of”: Exall (1866) 4 F. & F. 922, 929.
41. Taylor, Weaver and Donovan (1928) 21 Cr. App. R. 20, 21.
42. Krnojelac Trial Judgement , para. 67.
43. Krnojelac Trial Judgement , para. 67 (emphasis in original). The Krnojelac Trial Chamber referred to the Celebici Appeal Judgement, para. 458.
44. Defence Final Brief (confidential ), pp. 2-3, 7-8. See II supra, “General considerations regarding the evaluation of evidence”.
45. Defence Final Brief (confidential ), pp. 3-10.
46. Defence Final Brief (confidential ), p. 3.
47. Defence Final Brief (confidential ), pp. 3- 4.
48. Defence Final Brief (confidential ), p. 4.
49. Defence Final Brief (confidential ), pp. 11-21.
50. See Joint Motion to Disqualify the Trial Chamber Hearing the Brdanin-Talic Trial, filed jointly on 25 April 2002 by the Defence for the Accused and the Defence of his then co-Accused Momir Talic pursuant to Rule 15(B) of the Rules; see also Decision on Joint Motion to Disqualify the Trial Chamber Hearing the Brdanin-Talic Trial, 3 May 2002; Decision on Application for Leave to Appeal Against Judge Schomburg’s Decision on the Disqualification of a Judge Dated 3 May 2002, 20 June 2002, wherein a bench of the Appeals Chamber rejected Talic’s application for leave to appeal.
51. Defence Final Brief (confidential ), p. 4.
52. Ibid.
53. Article 13 of the Statute.
54. Rule 14 (A) of the Rules.
55. Prosecutor v. Seselj, Case  No.IT-03-67-PT, Decision on Motion for Disqualification, 10 June 2003 (“Seselj Disqualification Decision”), para. 3.
56. Decision on Joint Motion to Disqualify the Trial Chamber Hearing the Brdanin-Talic Trial, 3 May 2002, para. 26; see also Celebici Appeal Judgement, para. 697.
57. UN Security Council Resolution 808, S/RES/808 (22 February 1993).
58. Prosecutor v. Momir Nikolic , Case No. IT-02-60/1-S, Sentencing Judgement, 2 December 2003 (“Momir Nikoli c Sentencing Judgement”), para. 60. See also Provisional Verbatim Record of the 3217th Meeting of the Security Council, 25 May 1993, Statement by the Representative of the United States: “Truth is the cornerstone of the rule of law, and it will point towards individuals, not peoples, as perpetrators of war crimes. And it is only the truth that can cleanse the ethnic and religious hatreds and begin the healing process”.
59. Defence Final Brief (confidential ), pp. 4-9. The Defence includes the unreliability of newspaper articles within this enumeration. As stated earlier, however, the Trial Chamber has dealt with this submission: see II supra, “General considerations regarding the evaluation of evidence”.
60. Defence Final Brief (confidential ), pp. 11-17.
61. Defence Final Brief (confidential ), pp. 16, 20-21.
62. Prosecution’s Response to Defence Final Brief, 16 April 2004 (“Prosecution’s Response”) (confidential), paras 1, 5 .
63. Prosecution’s Response (confidential ), para. 6.
64. Rule 72(A)(ii) of the Rules.
65. Kupreskic Appeal Judgement , para. 79; see also Prosecution v. Tihomir Blaskic, Case No. IT-95 -14-A, Judgement, 29 July 2004 (“Blaskic Appeal Judgement”), para. 223.
66. See Annex B, “Procedural background”, infra.
67. Indictment, 14 March 1999.
68. Amended Indictment, 16 December 1999.
69. Motion for Dismissal of the Indictment , 8 February 2000. However, no decision about the form of the Amended Indictment was forthcoming until February 2001. In the meantime, however, the Pre-trial Judge drew the Prosecution’s attention to the “very apparent lack of particularity in the Amended Indictment”, and warned it to start work: Status Conference, 17 November 2000, T. 214 et seq. The reasons for the delay are explained in the decision itself: Decision on Objections by Momir Talic to the Form of the Amended Indictment , 20 February 2001, paras 4-8.
70. Ibid., para. 55.
71. Motion Objecting to the Form of the Amended Indictment, 5 February 2001. On 31 August 1999, the Defence for the Accused had filed a pleading entitled “Motion to Dismiss Indictment”, which addressed the sufficiency of the supporting material submitted for confirmation of the Indictment against the Accused, and which the Trial Chamber subsequently dismissed. See Decision on Motion to Dismiss Indictment, 5 October 1999. The Defence for the Accused filed an interlocutory appeal against that decision: Interlocutory Appeal from Decision on Motion to Dismiss Indictment, 12 October 1999. This was rejected by the Appeals Chamber as improperly filed: Decision on Interlocutory Appeal from Decision on Motion to Dismiss Indictment Filed Under Rule 72, 16 November 1999. In addition, on 2 May 2001, the Defence for the Accused filed a further motion in which it sought the dismissal of the Indictment, but not for alleged defects in its form. Instead, it raised the issue of the resources at its disposal and complained about inequality of arms: Motion to Dismiss the Indictment, 2 May 2001. This motion was dismissed by the pre-trial Judge: Decision on Second Motion by Radoslav Brdjanin to Dismiss the Indictment, 16 May 2001.
72. Decision on Objections by Radoslav Brdjanin to the Form of the Amended Indictment, 23 February 2001, para. 18.
73. Further Amended Indictment, 12 March 2001.
74. Preliminary Motion Based on the Defects in the Form of the Indictment Dated 12 March 2001, 5 April 2001. At the Status Conference held on 18 May 2001, the Pre-trial Judge foreshadowed his view that the Prosecution had failed to properly plead the intent requirement for a “ common purpose” crime and advised the Prosecution to file an additional response to the Talic Defence motion dealing with this issue: Status Conference, 18 May 2001 , T.313-316. The Prosecution subsequently filed a supplementary response together with a request for leave to amend the Further Amended Indictment in relation to the “common purpose” allegation: Prosecution’s Supplementary Response to “Preliminary Motion Based on the Defects in the Form of the Indictment Dated 12 March 2001” Filed by the Accused Momir Talic and Request for Leave to Amend the Further Amended Indictment , 22 May 2001.
75. Decision on the Form of Further Amended Indictment and Prosecution Application to Amend, 26 June 2001. The Trial Chamber granted the Prosecution leave to make the amendments it had requested, and , in addition, the Prosecution was ordered to make a series of other changes, some of which were directed towards further clarifying the joint criminal enterprise pleaded in the Indictment. This decision was modified on 2 July 2001: Decision Varying Decision on Form of Further Amended Indictment, 2 July 2001.
76. Third Amended Indictment, 16 July  2001.
77. Preliminary Motion Based on the Defects in the Form of the Indictment of 16 July 2001, 30 July 2001; Decision on Form of Third Amended Indictment, 21 September 2001.
78. Prosecutor’s Fourth Amended Indictment and Request for Leave to Amend, 5 October 2001. The Prosecution had, in fact, already made the amendments in the Fourth Amended Indictment and sought retrospective permission from the Trial Chamber for these.
79. Preliminary Motion Based on the Defects in the Form of the Indictment of 5 October 2001, 22 October 2001. Indictment related issues were the subject of lengthy discussions during the Status Conference held on 6 September 2001.
80. Decision on Form of Fourth Amended Indictment, 23 November 2001. The Prosecution was permitted to retain some of the amendments that were the subject of its motion for leave to amend, but others were struck from the Fourth Amended Indictment. The Trial Chamber refused the Prosecution leave to amend the Indictment with respect to Stara Gradiska.
81. Order (regarding the form of Fourth Amended Indictment), 7 December 2001; Corrected Version of Fourth Amended Indictment , 10 December 2001.
82. Request for Dismissal, 29 November  2001.
83. Trial proceedings began on 23 January 2002.
84. Decision on “Request for Dismissal ” filed by Momir Talic on 29 November 2001, 22 January 2002, para. 11; see also Decision on Form of Fourth Amended Indictment, 23 November 2001.
85. Decision on “Request for Dismissal ” filed by Momir Talic on 29 November 2001, 22 January 2002, paras 7-8.
86. In the meantime, during the trial phase, the Indictment was amended twice more, but those amendments do not concern the issue at hand. See Annex B, “Procedural background” infra.
87. In addition, the Defence were on notice as early as February 2001 that the Trial Chamber held the view that “[i]t is not the function of a Trial Chamber to check for itself whether the form of an indictment complies with the pleading principles which have been laid down . It is, of course, entitled proprio motu to raise issues as to the form of an indictment but, unless it does so, it waits until a specific complaint is made by the accused before ruling upon the compliance with the indictment with those pleading principles. This is fundamental to the primarily adversarial system adopted for the Tribunal by its Statute”: Decision on Objections by Momir Talic to the Form of the Amended Indictment, 20 Feb 2001, para. 23 (s omitted).
88. Motion Objecting to the Form of the Amended Indictment, 5 February 2001, paras 3-13. Reply to Prosecution’s Response to “Motion Objecting to the Form of the Amended Indictment” filed by the Accused Brdanin on 5 February 2001, 12 February 2001.
89. Inter alia, Decision on Objections by Radoslav Brdanin to the Form of the Amended Indictment, 23 February 2001, para. 18, where the Prosecution was ordered to file an amended indictment which would comply with the pleading principles previously announced by the Trial Chamber and plead, as material facts, the precise role of both accused and the nature of the alleged individual criminal responsibility of both. Furthermore, many of the challenges subsequently mounted by Talic were successful and lead to the gradual refinement and eventual finalisation of the Indictment with respect to the two accused .
90. Robert Donia, T. 832-833, 1203- 1204; ex. P53, “Expert Report of Robert Donia”, pp. 21-23; Jovica Radojko, T. 20069 ; ex. DB376, “Expert Report of Paul Shoup”, pp. 10-11.
91. Ex. P53, “Donia Report”, p. 21.
92. While the abbreviation BiH refers to a territorial unit, the acronym SRBH refers to a political unit.
93. In 1953, the ethnic composition of BiH was as follows: Muslims constituted 31.3% of the population, Serbs constituted 44.4% of the population and Croats constituted 23.0% of the population. According to the 1991 census, during which it was possible to declare “Yugoslav” as an ethnicity, the ethnic composition of BiH has changed to some extent: Muslims constituted 43.7% of the population, Serbs constituted 31.4% of the population and Croats constituted 17.3% of the population of BiH: Ex. DB1, “The War in Bosnia and Herzegovina”, book co-written by Paul Shoup, p. 27. The Trial Chamber recognises that the terms "ethnic identity" or "ethnicity" may not describe the distinguishing features of Bosnian Muslims, Bosnian Croats and Bosnian Serbs in their entirety, since other factors, such as religion and nationality, are of importance. Nevertheless , for the sake of brevity and following the trend of other Trial Chambers of the Tribunal, this Trial Chamber has opted for this term for the purposes of this judgement .
94. Robert Donia, T. 824-827, 1207, 1313; ex. P53, “Expert Report of Robert Donia”, pp. 23-24; BT-19, T. 20696 (closed session).
95. Robert Donia, T. 822-823; ex. P53 , “Expert Report of Robert Donia”, pp. 25-26.
96. The Constitution of SRBH was amended in 1989 and 1990 to allow for the holding of multi-party elections. In the early months of 1990, the SRBH Parliament approved the formation of political parties, but prohibited the organisation of parties on the basis of nationality or religion . However, in June 1990, this restriction was deemed unconstitutional by the SRBH Constitutional Court: Robert Donia, T. 839-840, 1215-1216; Patrick Treanor, T. 20881 -20890.
97. Robert Donia, T. 841-842, 1216; Patrick Treanor, T. 20881-20890. As to the structure of the SDS, it had a Main Board and Municipal Boards that responded to the Main Board. In mid-1991, a regional structure was set up, which lasted until September 1992: Predrag Radic, T. 22114.
98. Robert Donia, T. 842; ex. P53, “Expert Report of Robert Donia”, p. 38.
99. Patrick Treanor, T. 18701-18703 .
100. Robert Donia, T. 845, 1222; ex . P35, “Expert Report of Robert Donia”, p. 40. In the Chamber of Citizens of the SRBH, out of the 130 seats, the SDA obtained 43 seats, the SDS 34 seats and the HDZ 21 seats. The remaining 32 seats went to the SK-SDP (11), the SRSJ (11), the SK-SDP/DSS (4), the DSS (1), the MBO (2) the SRS/DP-Mostar (1) and the SSO-DS/EKO (2). In the Chamber of Municipalities of the SRBH, out of the 110 seats, the SDA obtained 43 seats, the SDS obtained 38 seats and the HDZ obtained 23 seats. The remaining 6 seats went to the SK-SDP (3), the SRSJ (1), the SK-SDP/DSS (1) and the SPO (1): ex.  DB1, “The War in Bosnia and Herzegovina”, book co-written by Paul Shoup, p. 54.
101. Ex. DB376, “Expert Report of Paul Shoup”, p. 15.
102. Robert Donia, T. 846, 1222-1223 ; ex. P53, “Expert Report of Robert Donia”, pp. 40-41.
103. BT-19, T. 20696 (closed session ); ex. DB376, “Expert Report of Robert Donia”, p. 15.
104. Robert Donia, T. 835.
105. Robert Donia, T. 837.
106. Robert Donia, T. 1142-1143.
107. BT-19, T. 20696 (closed session ); Asim Egrlic, T. 10524-10525; Vahid Mujkanovic, ex. P1980, 92bis statement , 2299903; Naum Golic, T. 23468; Mirko Dejanovic, T. 23148-23149.
108. Indeed, Alija Izetbegovic encouraged the Bosnian Muslims not to respond to mobilisation calls: Idriz Merdzanic, ex. P1148 , T. 7719; Mirsad Mujadzic, T. 13341-13343; Muharem Murselovic, ex. P1542, T. 2685 -2686, 2830-2833; Asim Egrlic, T. 10525; ex. P858, “Announcement” by the Kljuc SDA ; BT-90, T. 17039-17040 (closed session); BT-21, T. 8230-8232 (closed session); BT-30, ex. P1541, T. 5730 (under seal); BW-1, T. 23309-23310 (closed session).
109. BT-13, T. 4583 (closed session ); Amir Dzonlic, T. 2308-2309; BT-7, T. 3104-3105 (closed session); Mirsad Mujadzi c, T. 3773; Atif Dzafic, ex. P1123, 92bis statement, 2004672; Husein Caji c, T. 8978; Muhamed Filipovic, T. 9363; Asim Egrlic, T. 10525; ex. P1138, “Minutes ” of Kljuc SDS meeting dated 20 September 1991; BT79, T. 11368 (closed session); Vahid Mujkanovic, ex. P1980, 92bis statement, 2299903; BT-90, T. 17040-17041 (closed session); BT-23, T. 6409, 6438; BT21, T. 8230-8232 (closed session), Faik  Biscevic, T. 7014-7015; Jovica Radojko, T. 20039-20040; Adil Osmanovic, T. 16546 .
110. Muharem Krzic, T. 1439-1440; BT-7, T. 3041-3042 (closed session); BT-22, T. 4407; Jusuf Arifagic, ex. P554, T. 7056-7057; Atif Dzafic, ex. P1123, 92bis statement, 2004677; BT- 26, T. 9101 (closed session); Muhamed Filipovic, T. 9362; Samir Dedic, T. 10455- 10456; Asim Egrlic, T. 10525; BT-23, T. 6409; Grgo Stojic, T. 6766; Faik Biscevi c, T. 7014-7017, 7113.
111. Adil Osmanovic, T. 16555; Atif Dzafic, ex. P1123, 92bis statement, 2004677; Naum Golic, T. 23490-23495.
112. Muhamed Filipovic, T. 9400-9401 ; Atif Dzafic, ex P1123, 92bis statement, 2004677-2004678; BT26, T. 9112 (closed session).
113. Muharem Krzic, T. 1572; Zijahudin Smailagic, T. 2103, 2140; BT-20, T. 5292-5295 (closed session); BT-13, T. 4744 ( closed session); BT-42, ex. P564, T. 2033-2035 (under seal); BT-79, T. 11351-11352 (closed session); BT-21, T. 8649 (closed session); BT-92, T. 19786-19787, 19881 (private session); BT19, T. 20707, 20754 (closed session).
114. Mevludin Sejmenovic, T. 12236 -12237; Paddy Ashdown, T. 12387-12389; Muharem Murselovic, T. 12625-12626; BT-96 , T. 17667-17671 (closed session); BT-92, T. 19881-19884 (closed session); Jovica Radojko, T. 20230-20232; BT-7, T. 2975-2976 (closed session); Mirko Dejanovic, T . 23144-23145; BT-19, T. 20719, 20745 (closed session).
115. BT-79, T.  11441, 11449, 11659 (closed session); Mirsad Mujadzic, ex. P1601, T. 3629; BT-104, T. 18634 (private session); BT-19, T. 20601-20604, 20696-20703 (closed session). See also ex . DB376, “Expert Report of Paul Shoup”, p. 12: “The Serbs of Bosanska Krajina were , of necessity, deeply attached to Yugoslavia, given their ethnically isolated position in Bosnia. They were recruited into the ranks of the Partisan movement for this reason. For this reason as well, they were one of the centres of resistance to the formation of an independent Bosnian state in 1991 and 1992 when Yugoslavia disintegrated ”.
116. Ex. P2656.1, “Extract of transcript of session of the SRBH Assembly”, dated 15 October 1992, Radovan Karadzic addressing Alija Izetbegovic: “This is the road that you want Bosnia and Herzegovina to take , the same highway of hell and suffering that Slovenia and Croatia went through. Don’t think you won’t take Bosnia and Herzegovina to hell and Muslim people in possible extinction. Because, Muslim people will not be able to defend itself if it comes to war here”; ex. P53, “Expert Report of Robert Donia”, p. 59; Robert Donia, T.  1113-1114; Patrick Treanor, T. 18709, 18741; ex. DB376, “Expert Report of Paul Shoup ”, p. 18.
117. Ex. P53, “Expert Report of Robert Donia”, p. 59.
118. Ex. P21, “Stenograph”, taken at the constituting session of the Assembly of the Serbian People of BiH on 24 October 1991; Robert Donia, T. 1114-1117; Patrick Treanor, T. 18709, 18741; ex. 2351, “Expert Report of Patrick Treanor”, p. 96.
119. Ex. P1817, “Radio Bosanski Petrovac Broadcast”; Robert Donia, T. 1121-1122; Muharem Krzic, T. 1754-1755. Non-Serbs were allowed to vote, but they did so on separate coloured ballots that were counted separately. Very few Croats and Muslims did vote: Robert Donia, T. 1118-11121.
120. On 15 January 1992, the European Community’s Badinter Commission recommended that a referendum be held on the question of independence of the SRBH: Robert Donia, T. 1143, 1227-1228; Patrick Treanor, T. 20962-20965; ex. DB161, “Opinion on Recognition”. On 17 December 1991, the foreign ministers of the European Community approved the procedure for allowing the SFRY’s republics to apply for independence, and created a commission to assess any applications received. The Badinter Advisory Commission to the European Community thereafter invited applications from these republics in order to evaluate their applications based on adherence to certain guidelines such as the existing legal provisions in place for the respect of individual and minority rights: ex. P53, “Expert Report of Robert Donia”, p. 62. The idea of a referendum was energetically opposed by the SDS, which called all Serbs to boycott the referendum, while the SDA and the HDZ leaders urged a vote in favour of Bosnian independence: Robert Donia, T. 1237-1239 ; ex. P53, “Expert Report of Robert Donia”, p. 62; Muharem Krzic, T. 1754; BT-9, T. 3664-3665 (closed session); Patrick Treanor, T. 20920-20924; BT-19, T. 20607 (closed session); Mirko Dejanovic, T. 23220. The SDS favoured the ‘Cutileiro Plan’ , which provided for the cantonisation of the SRBH: Robert Donia, T. 1241-1242; ex. DB1, “The War in Bosnia and Herzegovina”, book co-written by Paul Shoup, pp. 111, 113; ex. P53, “Expert Report of Robert Donia”, p. 70. With respect to the involvement of the international community in the BiH affairs, see ex. DB376, “Expert Report of Paul Shoup”, p. 19.
121. Robert Donia, T. 1154; Patrick Treanor, T. 20920-20924; Muharem Krzic, T. 1447.
122. Robert Donia, T. 1155; ex. P53 , “Expert Report by Robert Donia”, p. 70; ex. DB1, “The War in Bosnia-Herzegovina ”, book co-written by Paul Shoup, pp. 94-98. BiH was admitted into the United Nations on 22 May 1992: see UN General Assembly Resolution A/RES/46/237 of 22 May 1992; Mirsad Mujadzic, ex. P1601, T. 3626.
123. Adil Draganovic, T. 4897; BT- 19, T. 20600-20601 (closed session); Zijahudin Smailagic, T. 1947-1948; Robert Donia , T. 1135-1137. “On 6 April the Serbs began shelling Sarajevo. On April 7 and 8, following the international recognition of Bosnia-Herzegovina, Serb forces crossed the Drina from Serbia proper and lay siege to the Muslim cities of Zvornik, Visegrad , and Foca. By mid-April all of Bosnia was engulfed in war”: ex. DB1, “The War in Bosnia and Herzegovina”, book co-written by Paul Shoup, p. 129.
124. Ex. P2464, “Speech” by Radovan Karadzic before the SRBH Assembly on 14 October 1991; ex. P20, “Minutes” of a meeting held on 15 October 1991.
125. Ex. P21, “Stenograph”, taken at the constituting session of the Assembly of the Serbian People of BiH on 24 October 1991, according to which Radovan Karadzic stated: “War will start here only if someone attempts to force the Serbs to do something they do not want to do”.
126. Ex. P2466, “Speech” by Radovan Karadzic on 1 November 1991, in which he stated: “I am kindly asking you…, you should seise power completely and energetically… to get ready and establish your authority in your territories; in municipalities, regions, local communities”.
127. See ex. P24, “Transcript ” of the 3rd session of the SerBiH Assembly, pp. 13, 25; Robert Donia, T. 1293-1295 .
128. Ex. P25, “Instructions for the Organisation and Activity of Organs of the Serbian People in BiH in extraordinary circumstances” (“Variant A and B Instructions”). The Document was published in full in Slobodna Bosna newspaper on 12 March 1992, ex. P122. It was distributed to the SDS municipal boards, Predrag Radic, T. 22167-22168, 22335; Rajko Kalabic, T. 22576-22577, and it was discussed in the municipalities, including those not in the ARK, by the SDS Municipal Boards and/or the Crisis Staffs. The SerBiH Assembly discussed the second phase of implementation of the Variant A and B Instructions : ex. P102, “Conclusions of the SerBiH Assembly regarding the validity of the referendum on the status of BiH”, p. 30; ex. P2470, “Transcript of 6th meeting of the SerBiH Assembly”, 26 January 1992. So did the SDS Main Board, where amongst others, Radovan Karadzic took the floor: ex. P2383.14, “Speech” by Radovan Karadzic, 14 February 1992. See also ex. P2351, “Expert Report of Patrick Treanor”, p. 22.
129. Ex. P25, “Variant A and B Instructions ” section I, paras 1-2. The Bosnian Serb leadership was fully aware that the establishment of Bosnian Serb authority, especially in areas where Bosnian Serbs were in a minority , would necessarily entail the use of force and fear: At the 4th session of the SerBiH Assembly, held on 21 December 1991, Radovan Karadzic made the following statement : “As rational beings, we know what civil war means; the experience of Croatia tells us exactly what civil war has done to us. Apart from causing the deaths of several hundred thousand people and complete destruction of several hundred towns, a civil war in Bosnia and Herzegovina would also result in massive and rapid population movements; in other words, it would lead to population homogenisation”, ex. P2467 . At the same session, Radislav Vukic stated: “If the European Community goes on with its threats to recognise BiH as an independent state, or as part of a future Independent State of Croatia, (...( there will be another Serbian uprising and there will be massive bloodshed in which some nations, that have been subsequently created , will disappear altogether”, ex. P2467. See also ex. DB376, “Expert Report of Paul Shoup”, pp. 6-7: “In Bosnia, the outbreak of violence could only mean, if history was any guide, an inexorable descent into bloodshed and excess”.
130. Ex. P25, “Variant A and B Instructions ”, Instruction 3. The creation of Crisis Staffs in wartime was already envisaged in the law of the SRBH. The extraordinary aspects of the Crisis Staffs provided for by the Variant A and B Instructions was that they were Crisis Staffs of the Serbian people, bodies established by a political party to be composed of officials of that party and nominees of that party for various administrative functions : Patrick Treanor, T. 18801.
131. Ex. P25, “Variant A and B Instructions ”, section III.3. See also ex. P2475, “Transcript” of the 14th session of the SerBiH Assembly, held on 27 March 1992, during which Radovan Karadzic told the delegates: “The moment you arrive in your municipalities, you must urgently form crisis staffs”. Later in his speech he repeated his exhortation, requesting that they do this “with the full authorisation of the (SerBiH( Assembly”.
132. For ease of reference, Republika Srpska (proclaimed only on 12 August 1992) will be referred to as SerBiH throughout the judgement.
133. Ex. P2469, “Transcript of the 5th session of the SerBiH Assembly”, held on 9 January 1992; Robert Donia, T. 1143 ; Patrick Treanor, T. 20960. See also, VI.A.1, “The establishment of the ARK”.
134. At the 8th session of the SerBiH Assembly, held on 25 February 1992, Radovan Karadzic made it clear that BiH “would not be a unitary state but would consist of constituent parts… Croats say: a state community. Muslims would say: a common state, while we say: a community of states … The Serbian people will not rest until they have attained what they had in the time of the Nemanjic’s: their own state”, ex. P33. Vojo Kupresanin stated: “I am against any kind of joint institution with the Muslims and Croats of BiH. I personally consider them to be our natural enemies. You already know what natural enemies are and that we can never again live together”, ex. P33. See also BT-19, T. 20718 (closed session). At the 10th session of the SerBiH Assembly, held on 11 March 1992 , Radovan Karadzic made it clear that nothing could succeed if something was done against the will of one ethnic community and stated that such action “could lead only to uncontrolled processes and chaos, the result of which would be a bloody civil war with hundreds of thousands dead and hundreds of destroyed cities… it must be assumed that the forcible and bloody removal of minority peoples from one region to another would be carried out on a large scale in a civil war”, ex. P2473. At the 11th session of the SerBiH Assembly, held on 18 March 1992, Radovan Karadzic stated: “Rest assured, there will be no signing before we have achieved what we want, and you all know our strategic plans. Once we have attained an independent Serbian Bosnia and Herzegovina, independent both of the remaining two and of the central organs, the possibility will open to us for establishing state, economic , cultural and any other links that we want. We do not have to say everything yet . The fact is that all the telescopes are now pointed at Yugoslavia, at Bosnia and Herzegovina. The ultimate strategic goal must still remain a secret”, ex. P2474. Momcilo Krajisnik took the floor and stated that: “Si]n this respect, it would be good if we could do one thing for strategic reasons: if we could start implementing what we have agreed upon, the ethnic division on the ground. That we start determining the territory, and once the territory is determined, it remains to be established in additional negotiations, whose authorities are to function and in what way”, ex. P2474. Biljana Plavsic added that: “Regarding what has been said earlier, this must be made reality on the ground…”, ex. P2474. Also during this session, Miroslav Vjestica (deputy from Bosanska Krupa) discussed the establishment of the Serbian MUP and national defence and stated that “we must take possession of all our Serbian territories, physically, with our own territorial defence, our Serbian police”, ex. P2474. At the 12th session of the SerBiH Assembly, held on 24 March 1992, Radovan Karadzic made it clear that not only was there a plan to take over the territory , but also that it was ready to be put into effect: ex. P26, “Stenograph”.
135. On 15 October 1991, the same day when SDS President Radovan Karadzic made an impassioned speech before the Republican Assembly of the SRBH in Sarajevo, indicating the possibility that Muslims could disappear as a group if they declared the independence of the SRBH from the SFRY , at a meeting of the SDS Party Council, one of its members noted that “St]his evening we must shed the illusion that a form of co-existence with the Muslims and Croats can be found”, see speech of Tudor Dutina, ex. P20, “Minutes” of meeting held on 15 October 1991. On 28 February 1992, at a meeting of the SDS Deputies Club , Radovan Karadzic stated: “Muslims cannot live with others. We must be clear on that. They could not live with the Hindu, who are as peaceful as sheep… There can be no discussion here. Yes, they set up the Bosnian Krajina there, and in two years’ time you would have problems again to separate each and every village there because they will overwhelm you with their birth-rate and their tricks. We cannot allow that to happen”, ex. P34, “Transcript”, p. 36. On 6 March 1992, the ARK Regional Board of the SDS gave a press conference at which it was stated that it was “justified and necessary to consolidate ethnic territories in Bosnia and Herzegovina” and that if talks failed “the Serbian people will have no other solution but to take up arms and use them to protect its territory”, ex. P121.
136. At the 12th session of the SerBiH Assembly, held on 24 March 1992, Radovan Karadzic stated that: “At a desired moment … we can form whatever we want. There are reasons why this could happen in two or three days… At that moment, all the Serbian municipalities, both the old ones and the newly established ones, would literally assume control of the entire territory of the municipality concerned… Then, at a given moment… there will be a single method used and you will be able to apply it in the municipalities you represent, including both things that must be done as well as how to do them. How to separate the police force, take the resources that belong to the Serbian people an take command The police must be under the control of the civilian authority, it must obey it, there is no discussion about that – that’s the way it must be”, ex. P26, “Stenograph”.
137. On 31 March 1992, Momcilo Mandic, Assistant Minister of Internal Affairs in BiH, sent a telex to all security centres and all the public security stations around the SerBiH, informing them of the establishment of the Serbian Ministry of Internal Affairs (MUP), decision taken at a meeting of the SerBiH Assembly, held on 27 March 1992, at which the Constitution of the SerBiH was ceremonially promulgated, ex. P2366. See also Patrick Treanor, T. 18781 .
138. Ex. P153, “Decision of the SerBiH Ministry of Defence”, signed by Bogdan Subotic, dated 16 April 1992. On 4 May 1992 , the Regional Secretariat for National Defence, headed by Lieutenant Colonel Milorad Sajic, ordered full mobilisation in the ARK: ex. P167, “Decision”. See also BT-21, T. 8356-8358 (closed session); Dobrivoje Vidic, T. 23068-23071.
139. BT-19, T. 20635 (closed session ).
140. Ex. P50, “Minutes” of the 16th session of the SerBiH Assembly, held on 12 May 1992 in Banja Luka. The Preamble to the speech states as follows: “The Serbian side in Bosnia and Herzegovina, the President, the Government, the Council for National Security, which we have set up, have formulated strategic priorities, that is to say, the strategic goals for the Serbian people”.
141. Ex. P50, “Minutes”, pp. 13-14 : “Separation from the other two national communities – separation of states. Separation from those who are our enemies and who have used every opportunity, especially in this century, to attack us, and who would continue with such practices if we were to continue to stay together in the same state”. See also Ewan Brown, T.  19235.
142. Ex. P50, “Minutes”, pp. 13-14 .
143. Ewan Brown, T.  19233. See also ex. P2416, “Expert Report of Ewan Brown”, p. 25.
144. Ex. P50, “Minutes” of the 16th session of the SerBiH Assembly, held on 12 May 1992 in Banja Luka, during which Radovan Karadzic stated: “We do not want to get a state which has a huge number of those who are against that state”, p. 16. Miroslav Vjestica (deputy from Bosanska Krupa), on the same occasion, stated that already there were “no more Muslims in the Serbian municipality of Bosanska Krupa… Will they have a place to return to? I think it is unlikely after our President told us the happy news that the right bank of the Una river was the border”. See also comments from other delegates to that effect: Trifko Radic, p. 20, and Aleksa Milojevic, p. 35. See further Ewan Brown, T. 19236, 19241-19242; ex. 2416, “Expert Report of Ewan Brown”, pp. 25-26; Paul Shoup, T. 24562-24563.
145. Ex. P50, “Minutes”, pp.8, 12. For example, references by Radovan Karadzic to “Militant Islamic fundamentalism” and Bosnia becoming “a stronghold of Islamic, primarily Turkish, interests in Europe ”.
146. Ex. P50, “Minutes”, p. 33. For example, comment by Dusan Kozic that “the enemy – Ustasas and Mujahedin – must be defeated by whatever means are necessary”.
147. Ex. P50, “Minutes”, p. 27. For example, the comment by Milan Novakovic that Muslims “co-operate best when there is Serbian rule, that is what they react to best, when there is Serbian authority , there is peace in the house”.
148. Ex. P50, “Minutes”, p. 22. During the same session of the SerBiH Assembly, the comment of Dragan Kalinic was positively approved by the Accused: ibid., p. 29; Milorad Dodik, T. 20484; Mevludin Sejmenovic, T. 12111-12112.
149. When SerBiH was renamed Republika Srpska on 12 August 1992, the denomination of the army also changed from “Army of the Serbian Republic of BiH” to “Army of the Republika Srpska” (VRS). For ease of reference, the Trial Chamber will use ‘VRS’ throughout the judgement, even when it refers to events prior to 12 August 1992.
150. Ex. P50, “Minutes”, p. 60, Ewan Brown, T. 19232-19133; ex. P 2416, “Expert Report of Ewan Brown”, pp. 32-35; Mirko Dejanovic, T. 23210-23212; Osman Selak, T. 12905-12908, 13262-13267; Muharem Murselovi c, T. 12292. The composition of the Presidency of the SerBiH changed several times during the first year, and the number of members varied from two to five, but consisted of persons from the same group of people throughout the period: Radovan Karadzic, Nikola Koljevic, Biljana Plavsic, Momcilo Krajisnik and Branko \eric: ex. P2352, “Addendum to Expert Report of Patrick Treanor”, pp. 99-100. During the 16th session of the SerBiH Assembly, Ratko Mladic noted that “command was to be exercised from the President through the Main Staff to subordinate units, that there was to be a unified political and military command and control system, that the framework of the army was to consist of Corps and that absolute obedience was to be implemented and discipline established through legal measures”, ex. P50, “Minutes”; see also ex. P2416, “Expert Report of Ewan Brown”, p. 32. The Army of the Serbian Republic of BiH, later renamed VRS, was formally established on 19 May 1992.
151. Ratko Mladic was appointed Chief of the VRS Main Staff as from 12 May 1992, see ex. P2416, “Expert report of Ewan Brown”, p. 33, note 97.
152. Ex. P50, “Minutes” of the 16th session of the SerBiH Assembly, held on 12 May 1992 in Banja Luka, pp. 41, 47, during which Ratko Mladic stated: “…the head of the dragon of fundamentalism lies beneath our hammer. The enemy has attacked with all its might from all directions. And it is a common enemy, regardless whether it is the Muslim hordes or Croatian hordes . It is our common enemy. What is important now is either to throw both of them out employing political and other moves, or to organise ourselves and throw out one by force of arms, and we will be able to deal with the other… We are creating an army which will defend, successfully, the traces of our fathers have left behind and protect our children from the conquering ambitions of Nazi mercenaries”. Ratko Mladic further stated that he understood the forcible removal of the Muslims to mean genocide, ex. P2416, “Expert report of Ewan Brown”, p. 26.
153. See ex. P2419, “Analysis of Combat Readiness and Activities of the VRS 1992”, issued by VRS Main Staff in April 1993, p. 159: “…the strategic objectives of our war which were promptly defined and set before the Main Staff of the Army of the SerBiH, the Commanders and the units, served as a general guideline upon which we planned the actual operations … The main staff of the Army translated the set objectives and tasks into general and individual missions of the army of the SerBiH and of the individual operational and tactical formations… with the goals being specifically defined…”. See also ex. P2416, “Expert Report of Ewan Brown”, pp. 29-32. As to the influence of the SDS on all levels of command, see ex. P 2419, “Analysis of Combat readiness and activity of VRS in 1992”, issued by VRS Main Staff in April 1993. See also. VI.C.3, “The authority of the ARK Crisis Staff with respect to the army”.
154. Ex. P2416, “Expert Report of Ewan Brown”, pp. 29, 32.
155. BT-19, T. 20654 (closed session ); Ivo Atlija, ex. P1527, T. 5549; BT-94, T. 17997, 18165-18166; BT-9, T. 3305-3306 (closed session); ex. P121, “News item” regarding a press conference by the SDS Regional Board of the ARK, 6 March 1992; ex. DB376, “Expert Report of Paul Shoup ”, p. 6.
156. In August 1994, during the celebration of the third anniversary of the take-over of Mt. Kozara, Vojo Kupresanin stated: “We knew even back then that a state cannot be a state without its radio, TV, and other media, and without its currency. We, in the assembly of the former Bosnia and Herzegovina, knew that nothing could be achieved with the Muslims and Croats , the anti-Serbian coalition, and we were happy to part ways with them. We began the parting with the Autonomous Region and continued with the takeover of the relay ", ex. P1532 ,”Videotape”. See also Dobrivoje Vidic, T. 23043-23046; Mevludin Sejmenovic, T. 12239-12245, 12315.
157. BT-9, T. 3216-3217, 3255, 3642 (closed session); BT-11, T. 3878-3879, 4138-4139 (closed session); BT-7, T. 3119 (closed session); Mevludin Sejmenovic T. 12239-12243; Muhamed Filipovic, T. 9295 -9296, 9347-9348; Muhamed Sadikovic, T. 18346-18347; Ahmet Hidic, T. 16300-16303 . Asim Erglic, T. 10644, dates the disappearance of Sarajevo TV to mid-April 1992 . See also ex. P543, “Glas newspaper article”, dated 16 October 1991 , reporting about the takeover of the transmitter.
158. Witness BT-9, T. 3305-3306, 3319 -3327, 3678-3680 (closed session). Exceptionally, the composition of the staff of the newspaper Oslobodenje was multi-ethnic throughout the conflict, Muharem Krzic, T. 1449-1450.
159. BT-11, T. 3915, 4135, 4149 (closed session); Muharem Krzic, T. 1440; BT-9, T. 3512-3513 (closed session); BT-94, T.  17997; see also ex. P2326 (under seal); Atif Dzafic, ex. P1123, 92bis statement, 2004677; ex. P855, “Radio Kljuc Broadcast”, Joint Announcement by the Serb Orthodox Church and the SDS; Muhamed Filipovic, T. 9318; Adil Draganovi c, T. 5741; Mevludin Sejmenovic, ex. P1533, T. 4552; Muharem Murselovic, ex. P1542 , T. 2687. The Trial Chamber bears in mind that by this time, the Bosnian Serbs were not yet at war with the Bosnian Muslims.
160. BT-22, T. 4410-4411; BT-9, T.  3199-3200, 3265, 3431 (closed session); Amir Dzonlic, T. 2308. Muslims were described by the media as Islamic fundamentalists, extremists or fanatics, as ‘Green Berets’ , ‘Turks’ or ‘Balijas’, while the Croats were referred to as ‘Ustasas’: ex. P2326 (under seal); Amir Dzonlic, T. 2307; Muharem Krzic, T. 1469; Nurset Sivac, ex. P1547 , T. 6658.
161. As an example of such a picture , see ex. P510; BT-9, T. 3494-3495 (closed session). A well-known such rumour was the one involving the death of twelve Bosnian Serb babies in the hospital in Banja Luka due to the lack of oxygen, BT-20, T. 5335-5337 (closed session). The Defence contends that the death of the twelve Serbian babies was not a rumour, but an established fact. The Trial Chamber attaches more importance that this fact, true or untrue, was taken advantage of by the Serb propaganda machine for incitement of Serbs against Muslims. Another rumour concerned the so-called monster doctor, Dr. Sikora, who was said to be sterilizing Serb women in Prijedor. Yet another rumour said that certain construction holes in Prijedor would serve as mass graves for Serbs, BT-106, T. 21123-21125 (closed session); Ivo Atlija, ex. P1527, T. 5549-5551 ; Mirsad Mujadzic, T. 13323-13329; Mirsad Mujadzic, ex. P1601, T. 3706; BT-42, ex . P564, T. 1819-1820. See also ex. P1605, “Kozarska Vjesnik newspaper article”, dated 28 June 1992; ex. 1606, “Kozarska Vjesnik newspaper article ”, dated 12 June 1992; BT-106, T. 21123-21125 (closed session); Ivo Atlija, ex. P1527, T. 5549-5551; Mirsad Mujadzic, ex. P1601, T. 3706; BT-42, ex. P564, T. 1819 -1820 (under seal).
162. Osman Selak, T. 13544-13546. The Trial Chamber is satisfied that some Serb intellectuals spoke out against the policy of the SDS and warned against the consequences of such policy. One of the most forceful amongst them was Vladimir Srebrov, professor at the Faculty of Philosophy at Sarajevo University: ex. DB376, “Expert Report of Paul Shoup”, p. 7; ex. P2725 , “Bora newspaper article”, written by Vladimir Srebrov, dated 2 April 1992 : “Death Follows in Your Wake”.
163. Muharem Krzic, T. 1483-1484.
164. BT-11, T. 3990, 4059 (closed session); Zijahudin Smailagic, T. 1942; Ibrahim Fazlagic, T. 4273; BT-22, T. 4410 ; BT-13, T. 4603 (closed session); Muharem Krzic, T. 1547-1548; Amir Dzonlic, T.  2303.
165. On 30 May 1992, ‘Cetnik’ songs were played on the radio, calling for the killing of ‘Turks’ and other non-Serbs . Moreover, there were announcements read out to inform the Serb people about the Muslim extremists led by Slavko Ecimovic having attacked Prijedor. The announcement called for all Serbs to defend the town and destroy Ecimovic and his group: Nurset Sivac, ex. P1547, T. 6573. Between 10 and 20 June 1992, there were appeals addressed to Serbs to lynch all non-Serbs: ibid., T.6619.
166. BT-94, T. 17997, 18165-18166; Ivo Atlia, ex. P1547, T. 5551.
167. See the following paragraphs .
168. BT-9, T. 3339-3340 (closed session ); BT-11, T. 3959-3960, 3980-3984 (closed session); BT-94, T. 18067; BT-27, ex. P1529, T. 4272 (under seal); Muharem Murselovic, ex. P1542, T. 2698; Atif Dzafic, ex. P1123, 92bis statement, 2004682; BT-26, T. 9102 (closed session); Muhamed Filipovic, T. 9402, 9477-9478; Besim Islamcevic, T. 7431; Mirzet Karabeg, T. 6104 ; Adil Draganovic, T. 4924; BT-17, T. 7652 (closed session); Adil Osmanovic, T.  16566-16567. See also ex. P141, “Press statement”; ex. P142, “Transcript” of a press conference held on 8 April 1992; Bekir Delic, T. 7939-7940; Adil Osmanovi c, T. 16566-16567; Mirko Dejanovic, T. 23160-23161; Nikola Vracar, T. 23872.
169. Muharem Murselovic, ex. P1542 , T. 2698; BT-26, T. 9102 (closed session); Mirzet Karabeg T. 6104; BT-17, T. 7652 (closed session); Adil Draganovic, T. 4924.
170. See ex. P227, “ARK Official Gazette”, Conclusions of 8 May 1992: “Only personnel absolutely loyal to the Serbian Republic of Bosnia and Herzegovina may hold managerial posts”. See ex. P254 /P255, “Decision of the ARK Crisis Staff”, dated 22 June 1992, stipulating that “only personnel of Serbian nationality” may hold “leading positions, positions involving the access to information, protection of public property and other positions of importance for the functioning of the economy”. See also IX.F.2, “Right to employment”.
171. Muharem Krzic, T. 1463-1464, 1629; Amir Dzonlic, T. 2334; Adil Draganovic, T. 4946-4948; Besim Islamcevic, T.  7547-7548; Jovica Radojko, T. 20132-20133; BT-9, T. 3208-3209 (closed session); Asim Egrlic, T. 10548; BT-13, T. 4702 (closed session); BT-17, T. 7651-7652 (closed session); Jasmin Odobasic, T. 15116; BT-26, T. 9102 (closed session). For the army , see infra para. 91.
172. Amir Dzonlic, T. 2470-2471; BT -11, T. 3981-3982 (closed session); Mevludin Sejmenovic, ex. P1533, T. 4559; Muhamed Filipovic, T. 9402; Muharem Murselovic, ex. P1542, T. 2692, 2698, 2824-2826, 2908 ; Kerim Mesanovic, ex. P1131, T. 5151; BT-33, ex. P1544, T. 3917 (under seal); BT -34, ex. P558, T. 1056-1057, 1144-1145, 1219 (under seal); Adil Draganovic, T.4914 -4915, 5643, 5961-5963; Faik Biscevic, T. 7193-7194; ex. P619, “Decision” of the Serb Municipality of Sanski Most Crisis Staff, dated 21 April 1992; BT-104, T. 18508 -18509 (private session); Midho Druzic, T. 16755-16756; BT-81, T. 13777, 13790-13791 ; BT-82, T.13961, 14025; BT-83, T. 14045-14046, 14098-14099.
173. Ibrahim Fazlagic, T. 4208; BT -81, T. 13790; Muhamed Filipovic, T. 9517; BT-17, T. 7705 (closed session); Husein Cajic, T. 8986.
174. Muhamed Filipovic, T. 9494-9495 ; BT-81, T. 13789-13790; Midho Druzic, T. 16756-16757.
175. Muharem Krzic, T. 1458-1459; Zijahudin Smailagic, T. 2164; Mevludin Sejmenovic, ex. P1533, T. 4595; Husein Caji c, T. 8996; Mirzet Karabeg, T. 6099, 6282; Ahmed Zulic, T.  6855; Rajif Begic, T . 6333; BT-23, T. 6411; BT-16, T. 8050-8051; BT-21, T. 8692-8693 (closed session ). See also ex. P2326 (under seal).
176. Amir Dzonlic, T. 2594; Ibrahim Fazlagic, T. 4300-4301; Muharem Krzic, T. 1778; Zijahudin Smailagic, T. 1962-1963 ; BT-20, T. 5249 (closed session). See also IX.F.2, “Denial of fundamental rights”.
177. Osman Selak, T. 13220-13222; Mirsad Mujadzic, ex. P1601, T. 3605; Senad Alkic, T. 15020; ex. P53, “Expert Report of Robert Donia”, p. 56.
178. Robert Donia, T. 1243-1244; BT -7, T. 2842 (closed session); BT-11, T. 3946-3948 (closed session); ex. P15, “Note ”; ex. P53, “Expert Report of Robert Donia”, pp. 55-57.
179. BT-11, T. 3884-3885, 3891 (closed session); Ibrahim Fazlagic, T. 4254; Osman Selak, T. 13154-13156; BT-36, T. 10977 -10978 (closed session). See also ex. P1596, “Video”, in which a Bosnian Serb Colonel states during a ceremony that the 5th Kozara Brigade had prepared and armed the Serbian people.
180. Robert Donia, T. 1109; BT-17, T. 7688 (closed session); Adil Draganovic, T. 4917; BT-21, T. 8207-8212, 8655 (closed session); BT-104, T. 18511-18512 (private session); Muhamed Sadikovic, T. 19198- 19199; Ahmet Hidic, T. 16187-16188; Jadranko Saran, T. 17218.
181. BT-11, T. 3885 (closed session ); Ibrahim Fazlagic, T. 4253-4256, 4360-4362; BT-36, T. 10962-10965, 10976-10977 (closed session); BT-93, T. 20380, 20407-20408, 20413 (closed session); Mirsad Mujadzic , ex. P1601, T. 3606; BT-79, T. 11500-11501 (closed session); Muharem Filipovic, T. 9354, 10064; Jadranko Saran, T. 17278; BT-21, T. 8218 (closed session); Jovica Radojko, T. 20040-20043; ex. P865, “Minutes” of SDS Kljuc meeting held on 23 December 1991; ex. P335, “Presentation”, made by Major General Milan Gvero of the VRS Main Staff at the 34th session of the SerBiH Assembly, held on 29 September 1993.
182. Jusuf Arifagic, ex. P554, T.  7059, 7152-7153; Mevludin Sejmenovic, T. 12284-12288; Atif Dzafic, ex. P1123, 92bis statement, 2004672; Husein Cajic, T. 8983-8984; BT-26, T. 9109 (closed session); Muhamed Filipovic, T. 9354-9356; 9368-9370; ex. P887, “List” with the names of 149 Bosnian Serb individuals that had been provided with weapons; Besim Islamcevic, T. 7422-7423; Midho Alic, T. 13863-13864; BT-82, T. 13966-13967; BT -50, ex. P1641, T. 14330 (under seal); Jasmin Odobasic, T. 15112-15113; Jadranko Saran, T. 17218; BT-19, T. 20608 (closed session).
183. Osman Selak, T. 12882, 12925- 12929, 13234-13244; Mirsad Mujadzic, ex. P1601, T. 3606; ex. P1573, “Note”; ex.  DB116, “Order” for the delivery of weapons, dated 5 May 1992.
184. In April 1992, the TO units in Muslim-led municipalities were placed under a unified command and eventually became the Army of Bosnia and Herzegovina (ABiH): ex. P53, “Expert Report of Robert Donia ”, pp. 55-56; ex. DB376, “Expert Report of Paul Shoup”, p. 26.
185. BT-11, T. 3898-3902 (closed session ); Muharem Krzic, T. 1525; Mirsad Mujadzic, ex. P1601, T. 3660; Mevludin Sejmanovi c, T. 12168; BT-36, T. 10973-10974, 10984 (closed session); Muhamed Filipovic, T . 9374-9378; Asim Egrlic, T. 10553-10554; Midho Alic, T. 13865-13866; BT-19, T.  20698 (closed session); Muharem Murselovic, T. 12626-12628; Nurset Sivac, T. 12800 -12801; Husein Cajic, T. 8985; Adil Draganovic, T. 4918; BT-69, T. 17688-17690, 17760-17762; Mehmet Tenic, T. 16916-16918.
186. Husein Cajic, T. 8985; Muharem Murselovic, T. 12626-12628; Adil Draganovic, T. 4918-4920; Mehmet Tenic, T. 16916 -16918.
187. BT-13, T. 4584-4585, 4679-4680 , 4735 (closed session); ex. P53, “Expert Report of Robert Donia”, p. 56.
188. BT-34, ex. P558, T. 1057-1061 (under seal); BT-30, ex. P1541, T. 5723-5724 (under seal); Hasan Salihovic, ex. P550, 92bis statement, 2109326; Husein Cajic, T. 8989-8990; BT-26, T. 9106 (closed session); Ramiz Subasic, T. 10468; Asim Egrlic, T. 10559; Grgo Stojic, T . 6768-6769; Ahmet Zulic, T. 6858; Faik Biscevic, T. 7022; Adil Draganovic, T.  5518-5519; BT-17, T. 7682-7683 (closed session); BT-14, T. 7230 (closed session); Rajif Begic, T. 6333; BT-16, T. 8052; Ahmet Hidic, T. 16189-16192; Midho Druzic, T. 16757-16758; BT-81 T. 13764, 13770-13774; Midho Alic, T. 13871-13873; BT-49, T. 14219-14221 (closed session); Jasmin Odabasic, T. 15125-15127; BT-91, T. 15863 -15865; Rusmir Mujanic, T. 15991-15996; Adil Osmanovic, T. 16570-16571; ex. P639 , “Conclusions” of the Sanski Most Crisis Staff, dated 22 May 1992.
189. BT-12, T. 4179; BT-11, T. 4070 (closed session); BT-30, ex. P1541, T. 5723-5724 (under seal); BT-31, T. 13709-13711 ; BT-90, T. 17086 (closed session); BT-17, T. 7681 (closed session); BT-83, T.  14049-14050; BT-84, T. 14122; BT-20, T. 5237 (closed session); BT-30, ex. P1541, T. 5723-5724; Bajro Hadzic, ex. P552, 92bis statement, 521138; Jahid Mujkanovi c, ex. P1980.1, 92bis statement, 2299904; BT-17, T. 7682-7683 (closed session ); Ahmet Hidic, T. 16189-16192; Midho Druzic, T. 16757-16758; BT-81, T. 13772-13774 ; Jasmin Odobasic, T. 15125-15127; BT-92, T. 19823-19824 (private session). See also ex. P1207, “Dispatch”; ex. P1221, “Dispatch”; ex. P1222, “Dispatch”; ex . P1243, “Order”.
190. BT-23, T. 6411; BT-13, T. 4615 -4619 (closed session); Ivo Atlija, ex. P1527, T. 5562-5565; Ramiz Subasic, T. 10468 ; Rajif Begic, T. 6333; BT-50, ex. P1641, T. 1434-14337 (under seal).
191. Amir Dzonlic, T. 2411; BT-12, T. 4179-4180; BT-26, T. 9107 (closed session); BT-104, T. 18512, 18680 (private session); Mirzet Karabeg, T. 6133; Adil Draganovic, T. 5690; Midho Druzic, T. 16757 -16758; Jovica Radojko, T. 20050, 20347; ex. P1833, “Minutes” of a meeting of the Petrovac Crisis Staff held on 16 June 1992; BT-81, T. 13773-13774; BT-84, T. 14197 -14200; Adil Osmanovic, T. 16570-16571; BT-64, T. 16959, 17007-17008; BT-92, T.  19906 (private session); Milrad Sajic, T. 23683, 23721-23722. See also ex . P50, “Minutes”, 16th session of the SerBiH Assembly, held on 12 May 1992: “Bosanski Novi is sealed off. An ultimatum has been issued, and a deadline set for the Muslims to surrender their weapons”.
192. Osman Selak, T. 12888-12890, 13202-13203; Mirsad Mujadzic, ex. P1601, T. 3589-3590. As the JNA withdrew from Slovenia and Croatia, on 5 December 1991, Slobodan Milosevic ordered that Bosnian -born recruits serving in other republics of the SFRY be transferred to BiH, while soldiers in BiH who were natives of other republics be deployed closes to home: ex. P53, “Expert Report by Robert Donia”, p. 31. According to Osman Selak, this only applied to soldiers and not to officers and resulted in large desertion rates , T. 13260-13261.
193. Osman Selak, T. 12920-12924, 13049-13050, 13061; BT-11, T. 3966-3967 (closed session); ex. P1582, “Report”, sent by Colonel Vukic to the Main Staff of the VRS, dated 9 June 1992, stating that “ within the units of 1st Krajina Corps … there are 67 officers of Muslim or Croat nationality. An ultimatum was issued requesting removal of these persons from vital and command posts by the 15th of June 1992, or they will take over the control of the armed forces…The 1st Krajina Corps command should make the decision as to which staff members from the ranks of Muslims and Croats may still be temporarily kept and at what posts.”; ex. P1583, “Document”, sent by the VRS Main Staff to Colonel Rankovic, head of the personnel department: “Officers of Muslim or Croatian nationality must be sent on leave immediately. Take action at once to refer them to the army of the FRY in order to resolve their status in the service”; ex. P1584, “Document ”, sent by the Command of the 30th Partisan Brigade to the Command of the 1st Partisan Brigade, dated 21 June 1992: “Soldiers of non-Serb nationality are to be released from your units at their own request by applying one of the procedures set forth below. Soldiers of non-Serb nationality who wish to serve in the army of the SerBiH are to be kept in the units on less important duties and put under the necessary supervision.” Osman Selak gave evidence that this procedure was followed in all units of the 5th Krajina Corps, T. 13065-13067, 13078, 13120-13121. See also ex . P138, “Glas newspaper article”, dated 5 April 1992, quoting Colonel Vuki c, publicly asking for dismissal of non-Serbs from the army. See also ex. P2416, “Expert Report of Ewan Brown”, pp. 7, 55-59; ex. P383, “Regular combat report ”, sent by the 1st Krajina Corps Command to the SerBiH Army Staff, dated 13 June 1992, para. 6: “The purging of officers on an ethnic basis remains a topic of discussion because of the danger that it may very soon result in deficiencies in the units, but it is proceeding in the spirit of the order received”.
194. Muharem Krzic, T. 1461; BT-11 , T. 4132 (closed session).
195. Ex. DB1, “The War in Bosnia and Herzegovina”, book co-written by Paul Shoup, p. 85.
196. Mirsad Mujadzic, T. 3651.
197. Ex. DB376 “Expert Report by Paul Shoup”, p. 27. On the Serb military superiority, see also Zoran Jokic, T.  24029; ex. P2727, “Videotape”, including an interview with Velibor Ostojic, Information Minister in the SerBiH Government. Velibor Ostojic stated that Bosnian Muslims and Bosnian Croats did not stand a chance against the Serbs.
198. The recommendation, signed by Momcilo Krajisnik, states that “the Deputies Clubs of the SDS in municipal assemblies in BiH, in which decisions contrary to the interests of the Serbian people are imposed by majority vote, adopt decisions on establishing municipal assemblies of the Serbian people. The municipal assemblies of the Serbian people would consist of deputies of the SDS and other deputies of Serbian nationality who state their wish to join the assembly”, ex. P2360. See also Patrick Treanor , T. 18743.
199. See supra, para. 69.
200. See, e.g., decisions of individual municipalities: ex. P27 (Bihac); ex. P28 (Prijedor); ex. P29 (Kotor Varo s); ex. P30 (Donji Vakuf); ex. P610 (Sanski Most). On 13 March 1992, the President of the SDS Execute Board in Sarajevo, Rajko Dukic, requested the Municipal SDS Boards to inform the Main Board whether they were able to establish a “Serbian municipality ”, ex. P125.
201. Patrick Treanor, T. 18706-18708 ; ex. P2351, “Expert Report of Patrick Treanor”, pp. 18-20; Amir Dzonlic, T. 2322 .
202. Ex. P157, “Excerpt from instructions for the work of the municipal crisis staffs of the Serbian people”, singed by Prime Minister Branko \eric, which states, inter alia: “1. In a state of war, the Crisis Staff shall assume all prerogatives and functions of the municipal assemblies , when they are unable to convene… 3. The Crisis Staff coordinates the functions of authorities in order to ensure the defence of the territories, the safety of the population and property, the establishment of government and the organisation of all other areas of life and work. In so doing, the Crisis Staff provides the conditions for the Municipal Executive Committee to exercise legal executive authority , run the economy and other areas of life… 7. The Crisis Staff shall convene a meeting of the Municipal Assembly as soon as circumstances permit to have its work conclusions and decisions verified”. See also Patrick Treanor, T. 18785; ex. P2351, “ Expert Report of Patrick Treanor”, pp. 23-25.
203. Patrick Treanor, T. 18802; BT -92, T. 19784 (private session).
204. Ex. P2351, “Expert Report of Patrick Treanor”, pp. 18, 31-36.
205. Ex. P157, “Excerpt from instructions for the work of the municipal crisis staffs of the Serbian people”, signed by Prime Minister Branko \eric, which adopted a considerable revision with respect to the composition of the Crisis Staff compared to the Variant A and B Instructions ( see ex. P25).
206. See, e.g., ex. P1010, “Report” (Kljuc).
207. Ex. P2351, “Expert Report of Patrick Treanor”, p. 23.
208. Ex. P2370, “Announcement”.
209. The Ministry of National Defence of the SerBiH declared the imminent threat of war on 16 April 1992, which gave the President of the SerBiH emergency powers, meaning that all powers that fell within the scope of the Assembly could be exercised by the President during that period : Patrick Treanor, T. 18785; ex. P2351, “Expert Report of Patrick Treanor”, p. 23 . See also ex. P153, “Decision of the SerBiH Ministry of Defence”, dated 16 April 1992, on the establishment of the TO of the SerBiH as an armed force of the SerBiH, declaring a state of imminent threat of war.
210. Ex. P157, “Excerpt from instructions for the work of the municipal crisis staffs of the Serbian people”, signed by Prime Minister Branko \eric; Patrick Treanor, T. 18785; ex. P2351, “Expert Report of Patrick Treanor”, pp. 23-25.
211. Ex. P2351, “Expert Report of Patrick Treanor”, pp. 24-25.
212. Ex. P227, “ARK Official Gazette ”, decision of 5 May 1992. See also VI.B, “The Crisis Staff of the Autonomous Region of Krajina”.
213. BT-104, T. 18492; Osman Selak , T. 12932-12935, 12956-12959, 12964-12966, 12973-12974, 12978-12979; BT-21, T.  8224-8229, 8386-8387 (closed session); Ahmed Zulic, T. 6856; Bekir Delic, T. 7935 -7937; BT-17, T. 7639 (closed session); BT-94, T. 18037; Jasmin Odobasic, T. 15107 -15109; BT-11, T. 3873-3874, 3890-3897, 4100-4101 (closed session); Amir Dzonlic, T. 2393-2394, 2425-2428; Besim Islamcevic, T. 7464; Mehmed Tenic, T. 16854-16855 , 16923-16926; Muhamed Filipovic, T.  9440; Adil Draganovic, T. 4927, 5656; BT-91 , T. 15866-15867; Jadranko Saran, T. 17223; BT-13, T. 4669 (closed session). See also ex. P1594, “Video”, containing a reporter statement to the effect that : “The liberation of this area (in the Posovina Corridor( was commanded by Colonel Milan Novakovic and the legendary Milan Martic with the collaboration of the Wolves from Vujcak under the command of Lieutenant Milankovic”. See also Osman Selak , T. 13140-13143; Dobrivoje Vidic, T. 22997-23001, 23023-23033; ex. P766, “Report ”; ex. P1785, “Report”; ex. DB376, “Expert Report by Paul Shoup”, p. 31. See also ex. P15, “Note” from Colonel Stoja Dejanovic, Commander of the Bosanska Krajina Volunteer Units to Municipal Staffs of Volunteer Units, dated 24 August 1991: “the JNA does not have sufficient forces to cover and protect all inhabited places … In view of historical memory and real danger, this people must organise their own volunteer units for their own defence and to protect lives”. See further Osman Selak, T. 12962-12966.
214. BT-106, T. 21051-21056 (closed session); Amir Dzonlic, T. 2425-2428.
215. Osman Selak, T. 12956-12959; ex. P2326 (under seal).
216. Ex. P400, “Report on Paramilitary Formations in the Territory of the SerBiH”, issued by the VRS Main Staff on 28 July 1992.
217. Ex. P400, “Report on Paramilitary Formations in the Territory of the SerBiH”, issued by the VRS Main Staff on 28 July 1992; Rusmir Mujanic, T. 15998-16014; Amir Dzonlic, T. 2393-2394; BT-13, T.  4669 (closed session).
218. See, e.g., ex. P1802, “Order from the 1st KK Command”, singed by Major General Momir Talic, dated 5 June 1992: “1. The battalion from the Prnjavor Territorial Defence Command on Mt. Vucjak, is hereby transferred to the command of the 327th Motorized Brigade and fully incorporated. 2. I appoint Lieutenant Veljko Milankovic as battalion commander who will carry out and receive all orders from the commander of the 327th Motorised Brigade…”; ex. P1803, “Dispatch from the 1st KK Command”, dated 23 June 1992, proposing the decoration of several people, including Veljko Milankovic (the leader of the Wolves of Vujcak(; ex. P1590, “War diary of Osman Selak”, p. 59, entry of 8th July : “Vojo Kupresanin said: ‘that the Serbian government of BiH would do all it could to ensure that our army was organised and integrated as a unified armed force with a unified command and without paramilitary formations’”; Osman Selak, T. 13114. Adil Draganovic gave evidence that all Serb paramilitary forces, including the SOS , were under the control of the military command of the army, T. 5656.
219. See VI.C.4, “The authority of the ARK Crisis Staff with respect to Serbian paramilitary units”.
220. Ibrahim Fazlagic, T. 4256; ex . P2326, entry of 3 April 1992 (under seal); BT-94, T. 18136-18137; BT-9, T.  3326 -3331 (closed session); BT-13, T. 4609 (closed session); BT-7, T. 2870-2871, 3062 -3063 (closed session); Zijahudin Smailagic, T. 1950-1951; BT-11, T. 4054-4056 ( closed session); BT-21, T. 8226-8229 (closed session); Adil Draganovic, T. 4899- 4901; Predrag Radic, T. 22215-22220. See also ex. DB55, “Glas newspaper article”.
221. Predrag Radic was at the time the President of the Banja Luka municipality: Predrag Radic, T. 21943-21946.
222. Ex. P134, “Announcement” on Radio Banja Luka, 3 April 1992. The SOS requested as follows: “1. That the Law on Internal Affairs of the Republic of the Serbian People in Bosnia and Herzegovina be immediately implemented on the territory of Banja Luka and afterwards of Bosanska Krajina, that insignia be changed immediately and that all employees who have shown through their work that they are destroyers of Yugoslavia and enemies of the Serbian people be fired. 2. We are requesting of the Supreme Command and Presidency of Yugoslavia not to break up the Banja Luka Corps and not even think about moving its assets to other places. At the same time, we are praising the honourable Serbian officers and soldiers of the Banja Luka Corps from the lowest to the highest, telling them that the most important thing for them is the support of the Serbian people. …3. We request the arrest of war profiteers and the publication of their activities and names. 4. We request replacements in the banks Jugobanka in Banja Luka and the Privredna banka – Banjalucka banka d.d. in order to prevent a monetary shock. 5. We request replacements in the post office, where management positions are occupied by those who voted against Yugoslavia, and who cannot, therefore, work in a united Yugoslavian PTT. 6. We request that the work of municipal organs be re-examined because it emerged that there have been abuses. 7. That extraordinary sessions of the Assembly of the municipality and of the Krajina be scheduled, at which the Crisis Staff would appoint its representatives to expedite these requests and at which the rights of soldiers, returnees from the front and families of fallen soldiers would be adopted”. See also BT-9, T. 3326-3331 (closed session); BT-11, T. 3957-3958 (closed session).
223. Predrag Radic, T. 21946-21948 .
224. Predrag Radic, T. 21946-21948 , 22215-22220, 22254-22255; BT-11, T. 3958-3962 (closed session); BT-9, T. 3331- 3341, 3963 (closed session). See also ex. P137, “Glas newspaper article ”, dated 4 April 1992, under the heading “SOS Demands Accepted”. See further ex. P147, “Public announcement”, 3 April 1992: “Banja Luka is quiet this evening ... most important public buildings in the city still guarded by the SOS, but no more barricades... after a meeting of the Banja Luka Crisis Staff at which all seven requests were accepted... it was explained that these requests were made because of the anti-Serbian policy being conducted in BiH... and the immediate motive for today’s events according to what Pedrag Radic... said... is the letter from the Minister of Defence in the BiH government, Jerko Koko, in which the conducted mobilisation is considered illegal and no rights of JNA soldiers and reservists are recognised . The Banja Luka municipality Crisis Staff has accepted all the requests of the Serbian Defence Forces...”; ex. P483, “Radio Banja Luka”, emission of 3 April 1992 : “After a three hour discussion the Banja Luka Municipal Crisis Staff granted all the requests of the Serbian Defence Forces organisation.” The Accused publicly supported the demands of the SOS: ex. P137, “Transcript of press conference”, 5 April 1992 , during which the Accused and Radislav Vukic made statements; BT-94, T. 24759, 24812-24816; ex. P2326, entry of 5 April 1992 (under seal).
225. Predrag Radic, T. 22245-22249 .
226. Predrag Radic, T. 22215-22220 , 22245-22249; Milorad Sajic, T. 23773-23781.
227. See ex. P2383.2; ex. P2383 .11; ex. P2383.13: all intercepted telephone conversations between Radovan Karad zic and Nenad Stevandic in the time period between 31 August 1991 and 11 January 1992. See also ex. P141, “Glas newspaper article”, dated 4 April 1992 ; Milorad Dodik, T. 20482. See also ex. P168, “Official Gazette”, entry no . 15; ex. P400, “Report on paramilitary formations”, demonstrating that Nenad Stevandi c was the head of the SOS.
228. See for example, Milorad Sajic, T. 23798-23800.
229. See IX, “Charges and Findings ”.
230. For a complete analysis of crimes charged in the Indictment, see IX.A.2, “The killing of a number of men between Begici and Vrhpolje bridge”.
231. BT-21, T. 8678-8683 (closed session ); Ahmed Zulic, T. 6856, 6941; Enis Sabanovic, T. 6469; Faik Biscevic, T. 7148-7149 ; BT17, T. 7861-7862 (closed session); Bekir Delic, T. 7996; Mirzet Karabeg, T . 6110, 6115.
232. BT-21, T. 8473-8477, 8703-8704 (closed session); Mirzet Karabeg, T. 6136-6139; Adil Draganovic, T. 5657-5660. See also ex. P759.1, “Diary”, p. 37; ex. P638, “Order”.
233. BT-21, T. 8473-8482, 8707-8708 (closed session); Enis Sabanovic, T. 6687; Rajif Begic, T. 6334-6338.
234. Nicolas Sébire, ex. P2008, “Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003”, 02927939-02927940; ex. P791, “Record on the Investigation and Exhumation of Bopdies of Bosniaks from Mass Graves by the Bridge in Vrhpolje, Sanski Most Municipality ”, issued by the Lower Court in Sanski Most on 7 May 1996; Adil Draganovic, T. 5590 ; Nicholas Sébire, T. 16714. Ex. P744, “Details of Services rendered”, is a handwritten log book from an unknown source. It contains information on burials between May 1992 and December 1993 and contains, under item 4, an entry about the burial of 25 people recovered from the Sana River on 1 and 2 June 1992; see BT-21, T. 8520-8521 (closed session).
235. BT-21, T. 8513-8516, 8751 (closed session). See also ex. P745, “War history of the 6th Infantry Brigade”, para . 6.
236. Jadranko Saran, T. 17245.
237. BT-55, T. 17539-17541.
238. BT-55, T. 17541.
239. Jadranko Saran, T. 17248.
240. Jadranko Saran, T. 17289.
241. Jadranko Saran, T. 17248; BT- 55, T. 17539-17541; BT-56, T. 17450.
242. Nusret Sivac, ex. P1547, T. 6568 , 6572-6574; Muharem Murselovic, ex. P1542, T. 2844; Mevludin Sejmenovic, ex. P1533 , T. 4557-4558; Mirsad Mujadzic, ex. P1601, T. 3669; BT-42, ex. P564, T. 1822-1823 (under seal). See also ex. P1168, “Report” by the Prijedor Public Security Station to the Banja Luka Security Services Centre about the peaceful take-over of Prijedor, dated 30 April 1992; ex. P1169 “Report” by a certain ‘Milos’ concerning the take-over of Prijedor.
243. Hambarine: Muharem Murselovi c, ex. P1542, T. 2700-2701, 2850; Ivo Atlija, ex. P1527, T. 5556-5558; Emsud Garibovi c, ex. P 1538, T. 12453, 12457-12458; BT-33, T. 12649, 12654 (closed session); BT -33, ex. P1544, T. 3981-3920, 3927-3928, 4009, 4024, 4035-4041 (under seal); Elvedin Nasic, T. 12686-12687; Mirsad Mujadzic, ex. P1601, T. 3718-1719; BT-37, ex. P555 , T. 2498 (under seal); BT-34, ex. P558, T. 1050-1052 (under seal); Nerim Karagi c, ex. P559, T. 5206-5207, 5290; BT-78, ex. P562, T. 6856-6858 (under seal); BT- 42, ex. P564, T. 1844 (under seal); BT-36, T. 11007-11008 (closed session). See also ex. P1128.42, “Photo”; ex. P1128.43, “Photo”. Kozarac and Kami cani: Mevludin Sejmenovic, T. 12193, 12289-12292, 4612; Mevludin Sejmenovic, ex. P1533, T. 4673-4674, 4680, 4723-4724; Muharem Murselovic, T. 12590-12591; Muharem Murselovic, ex. P1542, T. 2701; Idriz Merdzanic, T. 11797-11801; Idriz Merdzanic, ex. P1148, T. 7722-7724, 7731-7738, 11795-11799, 7825; Mirsad Mujadzic, ex. P1601 , T. 3840; BT-38, ex. P556, T. 1601, 1607-1608, 1610-1618, 1631-1632 (under seal ); BT-29, ex. P560, T. 6213-6216 (under seal); BT-2, ex. P561, T. 2620 (under seal ); Samir Poljak, T. 11882; Samir Poljak, ex. P1521, T. 6328-6334, 6342-6346, 6384 -6390; Nusret Sivac, ex. P1619, T. 6764-6768; Osman Selak, T. 13091-13093, 13253 -13257, 13084-13088; BT-27, T. 12016-12017; BT-27, ex. P1529, T. 4273-4277, 4282 (under seal); BT-36, T. 10990-10992, 10997-11003, 11009-11011, 11014-11017, 11054 -11055 (closed session); Jusuf Arifagic, ex. P554, T. 7071-7075, 7123-7124, 7128 , 7148; Emsud Garibovic, T. 12459. See also ex. P1416, “Report”; ex. P1226 , “Report”; ex. P1415, “Combat report”. Biscani: BT-78, ex. P562, T. 6858 -6869 (under seal); BT-32, T. 11864, 11867-11869 (closed session); BT-32, ex. P1515 , T. 5883-5884, 5901-5903, 5908-5925, 5931-5951, 5962, 6000-6001 (under seal); BT -106, T. 21074-21088 (closed session). See also ex. P1515 (under seal); ex . P1516 (under seal); ex. P1517 (under seal). Carakovo: BT-30, T. 12540-12550 , 12555 (partly private session); BT-30, ex. P1541, T. 5727-5738 (under seal); BT -106, T. 21082-21087 (closed session). Brisevo: Ivo Atlija, T. 11932-11933 , 11965, 11989-11991; Ivo Atlija, ex. P1527, T. 5562-5565, 5571-5580, 5582, 5585 -5586, 5589, 5597-5616. See also ex. P1524/S185.2–S185.8, “Photos”; ex. P1526 /S58, “Video”. Ljubija: BT-33, ex. P1544, T. 3928-3931, 3991-3994, 4056-4057 (under seal).
244. Hambarine: Ivo Atlija, ex. P1527, T. 5661; Elvedin Nasic, T. 12688-12689, 12720-12721. Kozarac and Kamicani: Idriz Merdzanic, ex. P1148, T. 7722-7723; Idriz Merdzanic, T. 11795 -11799; Jusuf Arifagic, ex. P554, T. 7137-7138; BT-44, ex. P565, T. 3197 (under seal); BT-36, T. 10997-11003, 11013 (closed session). See also ex. P1227, “Transcript” of news broadcast of 27 May 1992 regarding combat activities. Bri sevo: Ivo Atlija, ex. P1527, T. 5571.
245. Jovica Radojko, T. 20024, 20061 ; Ahmet Hidic, T. 16158-16159.
246. Jovica Radojko, T. 20245.
247. Ahmet Hidic, T. 16251.
248. Ahmet Hidic, T. 16251-16254.
249. Ahmet Hidic, T. 16254; Jovica Radojko, T. 20194.
250. Ahmet Hidic, T. 16225.
251. Midho Alic, T. 13872-13876, 13882 -89, 13894, 13896-97, 13917; BT-50, ex. P1641, 92bis statement, 672858-672859 ; BT-81, T. 13788; BT-86, T. 14290 (closed session); BT-86, ex. P1639, 92bis statement, 943011 (under seal); BT-87, ex. P1643, 92bis statement, 942600 (under seal); BT-49, T. 14228-14229 (closed session); BT-82, T. 13967-13969, 14027 ; BT-50, ex. P1641, 92bis statement, 672858-672859 (under seal); BT-83, T. 14055. See also IX.A.2, “The killing of a number of people during the expulsion of Bosnian Muslims from the village of Blagaj Japra and the surrounding areas”.
252. BT-83, T. 14055.
253. BT-81, T. 13748, 13838 (closed session).
254. Alija Verem, ex. P1695, 92bis statement, 02061788 (under seal).
255. Senad Alkic, T. 14986-14987.
256. Senad Alkic, T. 14993-14994.
257. Senad Alkic, T. 14995; ex. P1757 , “Report on the setting up of a Serbian SJB and police participation in the war ”.
258. Senad Alkic, T. 14990-14991; Dzevad Doslic, T. 14835-14836.
259. Ex. P850, “SDS Municipal Civil Defence Plan”; Muhamed Filipovic, T. 9408, 9438-9439.
260. Ex. DT24, “Official Record” of a police interview, dated 31 May 1992.
261. Muhamed Filipovic, T. 9529, 10075 -10076, 10082; BT-79, T. 11665-11666 (closed session); Atif Dzafic, ex. P1123, 92bis statement, 2004685; BT-26, T. 9206-9209, 9239-9245 (closed session). See also ex. P644, “Regular Combat Report”, issued by the 1st KK Command, dated 28 May 1992, p. 2.
262. Ex. P916, “Order” to surrender illegal weapons issued on 28 May 1992 by the Kljuc Crisis Staff.
263. BT-26, T. 9117, 9209 (closed session); Muhamed Filipovic, T. 9541. See also ex. P 949, “Public Announcement ”.
264. BT-26, T. 9118 (closed session ); Nisvet Ticevic, T. 10739-10740; Ajiz Begic, ex. P549, 92bis statement, 2109337; Hasan Salihovic, ex. P550, 92bis statement, 2109327; BT-77, T. 10341 -10343; Bajro Hadzic, ex. P552, 92bis statement, 521139.
265. See IX.A.2, “The killing of a number of people in Prhovo village and a number of men on the road to Peci”.
266. Rusmir Mujanic, T. 16014, 16075 -16079; BT-91, T. 15867-15874.
267. Rusmir Mujanic, T. 16001-16014 ; BT-91, T. 15990-15991; ex. P 657, “Combat Report”, dated 2 June 1992.
268. Rusmir Mujanic, T. 16015-16017 .
269. Rusmir Mujanic, T. 16001-16010 ; BT-91, T. 15897-15898.
270. BT-95, T. 19550-19551 (closed session).
271. Mehmed Tenic, T. 16864; BT-64 , T. 16959-16960.
272. Mehmet Kopic, ex. P1964, 92bis statement, 1034036.
273. BT-68, ex. P1967, 92bis statement, 943115-943116 (under seal).
274. Adil Osmanovic, T. 16599.
275. Elvedin Pasic, T. 19396-19400 ; BT-96, T. 17695-17700, 17769-17771, 17774-17775 (closed session); BT-71, T. 17635 -17637. As to the take-over of power by the SDS, see ex. P234, “Report”; BT-96, T. 17693-17694 (closed session); Muhamed Sadikovic, T. 18220-18223.
276. BT-96, T. 17697-17700, 17747- 17748, 17769-17771 (closed session).
277. Muhamed Sadikovic, T. 18334-18343 ; Zoran Jokic, T. 24046-24047.
278. See IX.A.2, “The killing of a number of men in the school in Grabovica”.
279. BT-92, T. 19781.
280. BT-105, T. 19112-19114 (closed session).
281. BT-105, T. 19103(closed session ); ex. P2404, “Official Note”, dated 9 October 1992.
282. Vahid Mujkanovic, ex. P1980, 92bis statement, 2299907, stating that on 6 August 1992, the Bosnian Muslim population of Basici had to walk 10 km to Karanovac (in Banja Luka) where they stayed three days in an old school building, after which local Bosnian Serb military forces ordered them to leave and go back to their municipality. They drove them in three buses and made them spent the night in Celinac town, inside the buses guarded by Bosnian Serb reservists, as their safety could not be guaranteed otherwise. They were later released.
283. Vahid Mujkanovic, ex. P1980, 92bis statement, 2299902.
284. Vahid Mujkanovic, ex. P1980, 92bis statement, 2299902.
285. Ex. P1788, “Note”; ex. P2005. 1, “Photo”; BT-90, T. 17073-17074, 17100-17102 (closed session).
286. BT-90, T. 17097 (closed session ).
287. BT-90, T. 17098 (closed session ).
288. BT-90, T. 17179-17182, 17100 (closed session).
289. BT-90, T. 17097 (closed session ); Mehmet Talic, T. 24148, 24151, 24153. By April 1993, seven hundred and seventy out of more than one thousand and sixty Bosnian Muslims were left in Celinac municipality (ex. P1981, “Document regarding figures showing the ethnic structures of the municipality of Celinac before and after the war broke out, Security Service Centre, Banja Luka , 30 April 1993”). See also X.C.3, “Benevolent treatment of Bosnian Muslim population in Celinac”.
290. For a more detailed account of the events of 3 April 1992 in Banja Luka, see supra, paras 98-99.
291. Amir Dzonlic, T. 2485-2486.
292. BT-11, T. 3865 (closed session ); BT-22, T. 4484.
293. BT-12, T. 4175-4181.
294. Ex. P2649, “Map of detention camps in the Autonomous Region of Krajina”.
295. Nurset Sivac, ex. P1547, T. 6574 -6576, 6720-6721; Emsud Garibovic, T. 12458-12463; BT-27, T. 12018-12019; BT-36, T. 11009-11011 (closed session); Samir Poljak, ex. P1521, T. 6342-6346; Jusuf Arifagi c, ex. P554, T. 7074-7081; BT-1, ex. P1619, T. 4736-4737 (under seal); BT 30, ex . P1541, T. 5728-2730, 5745-5750 (under seal); Idriz Merdzanic, T. 11793-11795; BT-106, T. 21097, 21105-22106 (closed session).
296. Adil Draganovic, T. 5574-5575 , 5581-5582, 5827, 5878-5885; Mirzet Karabeg, T. 6089-6091, 6140; Enis Sabanovic, T. 6470, 6604-6605; Bekir Delic, T. 7950-5951, 8010; Jakov Maric, T. 10823-10824 ; Sakib Muhic, T. 8100-8105; BT-17, T. 7742-7743, 7887 (closed session). See also ex. P759, “Diary”; ex. P667, “List”; ex. P697, “Telegram”; ex. P790, “List ”.
297. See IX.F.2, “Right to freedom of movement”.
298. See IX.E.2, “Deliberatly inflicting upon the group conditions calculated to bring about physical destruction ”.
299. See IX.A.2, “The killing of a number of men in ’Room 3’.at Keraterm camp – Prijedor municipality”.
300. Muharem Murselovic, ex. P1542 , T. 2840-2841; BT-81, T. 13782; BT-95, T. 19537-19538 (closed session); Senad Alki c, T. 14986-14987; BT-92, T. 19854, 19869 (private session).
301. BT-19, T. 20643, 20658, 20660 (closed session). See also ex. P2670 (under seal); ex. P2671 (under seal); ex. P2676 (under seal); ex. P2677 (under seal); ex. P2678 (under seal). Paul Shoup , a witness testifying for the Defence, suggested that all three groups engaged in ethnic cleansing. He admitted, however, that “the Serbs engaged in ethnic cleansing to a greater degree than either the Croats or Muslims. How much more remains a subject of debate. Above and beyond the question of numbers, there was the issue of the brutality with which ethnic cleansing was carried out, the destruction of cultural monuments and artefacts, and the plundering of the homes and villages of the departed … in the case we are concerned with, ethnic cleansing was not associated with the physical liquidation of entire populations, but rather their hasty removal, accompanied by the excesses of rape, pillaging and murder”, ex. DB376, “Expert Report of Paul Shoup”, pp. 33, 37.
302. Ex. P227, “ARK Official Gazette ”, Item 17, Decision of the ARK Crisis Staff, para. 6: “An agency shall be established to work on the problem of population resettlement”; BT-19, T. 20641 (closed session ); Nurset Sivac, ex. P1547, T. 6770-6771; Adil Draganovic, T. 5648, 5676; Grgo Stoji c, T. 6771-6772; Besim Islamcevic, T. 7470-7472; Amir Dzonlic, T. 2458. See also ex. P242, “ARK Crisis Staff Decision”, dated 12 June 1992, which is entitled “Decision to found an agency for population movement and exchange of material wealth for the Autonomous Region of Krajina”. See also ex. P2661 (under seal); ex . P218, “Decision” of the Sanski Most Crisis Staff, dated 30 May 1992.
303. Nurset Sivac, ex. P1547, T. 6767 -6768; Emsud Garibovic, T. 12458-12463; Jusuf Arifagic, ex. P554, T. 7075; BT-78 , ex. P562, T. 6866-6869 (under seal); BT-30, ex. P1541, T. 5727-5750 (under seal ); BT-30, T. 12564-12565; Idriz Merdzanic, T. 11814-11815.
304. Besim Islamcevic, T. 7470-7479 , 7555-7558. See also IX.C, “Deportation and forcible transfer”.
305. Nusret Sivac, ex. P1547, T. 6696 ; Ivo Atlija, ex. P1527, T. 5655-5656; Idriz Merdzanic, T. 11787; BT-34, ex. P558 , T. 1104 (under seal); Jakov Maric, T. 10840; BT-23, T. 6434; Besim Islamcevic, T. 7430; BT-21, T. 8587 (closed session); Muhamed Sadikovic, T. 18260-18263, 18273 -18277; BT-33, ex. P1544, T. 3975 (under seal).
306. BT-19, T. 20748 (closed session ); BT-9, T. 3428-3430 (closed session); BT-21, T. 8562-8563 (closed session). See also ex. P214, “Transcript” of radio broadcast, dated 29 May 1992; P690, “Decision” by the Sanski Most Crisis Staff, dated 23 June 1992, para. 2. The Agency for the Movement of People and Exchange of Properties was also responsible for such resettlement, see BT-19, T.20641 (closed session). See also IX.C, “Deportation and forcible transfer”.
307. BT-19, T. 20635-20657, 20708 (closed session); BT-20, T. 5247-5249.
308. BT-19, T. 20620 (closed session ).
309. Ex. P1883.1, “Report on the Damaging and Destruction of Islamic and Roman Catholic Sacral Buildings in the Municipalities of Bosanski Novi, Donji Vakuf, Kljuc, Kotor Varos, Prijedor and Sanski Most in the 1992-95 War”, with specific reference to 1992, p. 12. See also BT-19, T.  20634 (closed session).
310. BT-19, T. 20635. (closed session ). BT-19 also stated that in his view it was clear that this was not due to uncontrolled activities of irregulars who were acting on their own. It was impossible to plan , organise and implement a systematic policy of this magnitude by spontaneous or criminal actions of isolated radical groups: T. 20636 (closed session). As to the discriminatory nature of the policy, see BT-19, T. 20636, 20619 (closed session ), indicating that 80 – 90 per cent of the displaced persons were Muslims.
311. BT-19, T. 20620-20622, 20636 (closed session). The ethnic cleansing operations were linked to the implementation of the first strategic goal, i.e., to separating the people on the ground : Milorad Sajic, T. 23762-23764. Paul Shoup wrote the following: “Did ethnic cleansing in Bosnia follow a pattern? The answer is yes, if we recognise the strategic motives behind ethnic cleansing – reinforcing claims to territory acquired in the course of the fighting”: ex. DB376, “Expert Report of Paul Shoup”, p. 35.
312. Barnabas Mayhew, T. 13575-13576 ; ex. P1617/S217, “ECMM Report”, dated 29 August – 4 September 1992, p. 9; ex. DB376 , “Expert Report of Paul Shoup”, p. 28, quoting a CIA study, called Balkan Battlegrounds , Vol. II, pp. 154, xiii.
313. BT-19, T. 29635-20657 (closed session).
314. At a Prijedor SDS meeting held on 9 May 1992, Milan Kovacevic, the President of the Executive Committee, summed up that “the functioning of government at the level of Krajina can now be felt, instructions and decisions are now being forwarded from the top”: ex. P1195, “Minutes ”. See also, VI.C, “The authority of the ARK Crisis Staff”.
315. The law specifically applicable to Article 4 of the Statute is described further in IX.E., “Genocide”, infra .
316. Prosecutor v. Dusko Tadic (aka “Dule”), Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995 (“Tadic Jurisdiction Decision”), para . 70; endorsed in Prosecutor v. Zejnil Delalic, Zdravko Mucic (aka “Pavo”), Hazim Delic and Esad Landzo (aka “Zenga”), Case No. IT-96-21-T, Judgement, 16 November 1998 (“Celebici Trial Judgement”), para. 183; Prosecutor v. Radoslav Krstic , Case No. IT-98-33-T, Judgement, 2 August 2001(“Krstic Trial Judgement ”), para. 481; Prosecutor v. Milomir Stakic, Case No. IT-97-24-T, Judgement , 29 October 2003 (“Stakic Trial Judgement”), para. 568.
317. Tadic Jurisdiction Decision , para. 70 (emphasis added); endorsed in Celebici Trial Judgement, paras 193-195; Prosecutor v. Mladen Naletilic (aka “Tuta”) and Vinko Martinovic (aka “Stela”), Case No. IT-98-34-T, Judgement, 31 March 2003 (“Naletilic Trial Judgement”), para. 177.
318. Prosecutor v. Dusko Tadic, Case No. IT-94-1-A, Judgement, 15 July 1999, (“Tadic Appeal Judgement”), para . 84.
319. Tadic Appeal Judgement , paras 117-124 describing the three different tests: 1) For single private individuals or groups, not militarily organised, acting as a de facto organ of the State ., it is necessary to ascertain that the said State has issued specific instructions concerning the commission of that particular act or that it has publicly endorsed or approved the unlawful act ex post facto; 2) for armed forces, militias or paramilitary units acting as de facto organs of the State, the establishment of the overall character of the control suffices and 3) private individuals who are assimilated to State organs on account of their actual behaviour within the structure of the State may be regarded as de facto organs of the State, regardless of any possible requirement of State instructions.
320. Tadic Appeal Judgement , paras 117-145.
321. Tadic Appeal Judgement , para. 145.
322. Tadic Jurisidiction Decision , para. 81: “For the reasons set out above, this reference is clearly intended to indicate that the offences listed under Article 2 can only be prosecuted when perpetrated against persons or property regarded as “protected” by the Geneva Conventions under the strict conditions set out by the Conventions themselves. This reference in Article 2 to the notion of “protected persons or property” must perforce cover the persons mentioned in Articles 13, 24, 25 and 26 (protected persons) and 19 and 33 to 35 (protected objects) of Geneva Convention I; in Articles 13, 36, 37 (protected persons ) and 22, 24, 25 and 27 (protected objects) of Geneva Convention II; in Article 4 of Convention III on prisoners of war, and in Articles 4 and 20 (protected persons ) and Articles 18, 19, 21, 22, 33, 53, 57, etc. (protected property) of Convention IV on civilians.”
323. Celebici Appeal Judgement , para. 271.
324. Article 4 (1) of Geneva Convention I.
325. Tadic Appeal Judgement , paras 164-168; Blaskic Appeal Judgement, paras 172-176; Celebici Appeal Judgement, paras 83, 98; Naletilic Trial Judgement, para. 207.
326. Tadic Jurisdiction Decision , para. 87.
327. Tadic Jurisdiction Decision , paras 89-91; Krnojelac Trial Judgement, para. 52; Kunarac Trial Judgement, para. 401; Naletilic Trial Judgement, para. 224.
328. Kunarac Appeal Judgement , paras 57 and 58.
329. Celebici Trial Judgement , para. 303; Celebici Appeal Judgement, paras 140, 150; Prosecutor v. Anto Furundzija, Case No. IT-95-17/1-T, Judgement, 10 December 1998 (“Furundzija Trial Judgement”), para. 132; Blaskic Trial Judgement, para. 161.
330. Tadic Jurisdiction Decision , para. 70; Kunarac Trial Judgement, para. 402; Krnojelac Trial Judgement , para. 51.
331. Tadic Jurisdiction Decision , para. 70 endorsed in Krnojelac Trial Judgement, para. 51; Naletilic Trial Judgement, para. 225.
332. Tadic Jurisdiction Decision , para. 94; Prosecutor v. Miroslav Kvocka, Milojica Kos, Mlado Radic, Zoran Žigic and Dragoljub Prcac, Case No. IT-98-30/1-T, Judgement, 2 November 2001 (“ Kvocka Trial Judgement”), para. 123; Krnojelac Trial Judgement, para. 52; Kunarac Trial Judgement, para. 403; Kunarac Appeal Judgement, para. 66.
333. Kunarac Trial Judgement , para. 404; Krnojelac Trial Judgement, para. 52.
334. Kunarac Appeal Judgement , para. 85; Kunarac Trial Judgement, para. 410; Krstic Trial Judgement , para. 482; Kvocka Trial Judgement, para. 127; Krnojelac Trial Judgement , para. 53; Prosecutor v. Mitar Vasiljevic, Case No. IT-98-32-T, Judgement , 29 November 2002 (“Vasiljevic Trial Judgement”), para. 28. For jurisprudence of the ICTR, see Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement , 2 September 1998 (“Akayesu Trial Judgement”), paras 565-584; Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement, 27 January 2000 (“Musema Trial Judgement”), paras 199-211; Prosecutor v. Georges Anderson Nderubumwe Rutaganda, Case No. ICTR-96-3-T, Judgement and Sentence, 6 December 1999 (“ Rutaganda Trial Judgement”), paras 64-76; Prosecutor v. Clement Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement, 21 May 1999 (“Kayishema Trial Judgement”), paras 119-134; Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-A, Judgement, 1 June 2001 (“Akayesu Appeal Judgement”), paras  460-469.
335. Tadic Appeal Judgement , para. 251; Kunarac Appeal Judgement, paras 85-89.
336. Tadic Appeal Judgement , para. 248; Kunarac Appeal Judgement, paras 85, 99-100.
337. Kunarac Appeal Judgement , paras 85, 90-92.
338. Kunarac Appeal Judgement , paras 85, 93-97.
339. Tadic Appeal Judgement , para. 248; Kunarac Appeal Judgement, paras 85, 102-104.
340. Kunarac Trial Judgement , para. 415; Kunarac Appeal Judgement, paras 86, 89.
341. Kunarac Appeal Judgement , para. 86.
342. Tadic Appeal Judgement , para. 251; Kunarac Appeal Judgement, para. 86; Krnojelac Trial Judgement , para. 54.
343. Kunarac Trial Judgement , para. 580; Kunarac Appeal Judgement, para. 87.
344. Kunarac Appeal Judgement , para. 87.
345. Tadic Appeal Judgement , para. 248; Kunarac Appeal Judgement, paras 85, 99-101.
346. Kunarac Trial Judgement , para. 417 et seq.
347. Kunarac Appeal Judgement , paras 57-60, 83.
348. Kunarac Appeal Judgement , para. 83.
349. Prosecutor v. Goran Jelisic , Case No. IT-95-10-T, Judgement, 14 December 1999 (“Jelisic Trial Judgement ”), para. 50.
350. Kunarac Appeal Judgement , para. 91.
351. Jelisic Trial Judgement , para. 54; Blaskic Appeal Judgement, paras 111-113. For ICTR jurisprudence , see Akayesu Trial Judgement, para. 582; Kayishema Trial Judgement , para. 128.
352. Blaskic Appeal Judgement , para. 115.
353. Kunarac Appeal Judgement , para. 91.
354. Kunarac Appeal Judgement , para. 90.
355. Kupreskic Trial Judgement , para. 544; Prosecutor v. Dario Kordic and Mario Cerkez, Case No. IT-95- 14/2-T, Judgement, 26 February 2001 (“Kordic Trial Judgement”), para. 178 ; Blaskic Appeal Judgement, para. 101.
356. Kunarac Trial Judgement , para. 428; Blaskic Appeal Judgement, para. 101; Akayesu Trial Judgement , para. 580.
357. Kunarac Trial Judgement , para. 429; Kunarac Appeal Judgement, para. 94 ; Blaskic Appeal Judgement , para. 101.
358. Kunarac Trial Judgement , para. 431; Kunarac Appeal Judgement, para. 96; Blaskic Appeal Judgement , para. 101.
359. Kunarac Appeal Judgement , para. 96; Simic Trial Judgement, para. 43; Blaskic Appeal Judgement , para. 101.
360. Kunarac Appeal Judgement , para. 95.
361. Kunarac Appeal Judgement , paras 98-101; Simic Trial Judgement, para. 44; Blaskic Appeal Judgement , para. 120.
362. Prosecutor v. Zoran Kupreskic , Mirjan Kupreskic, Vlatko Kupreskic, Drago Josipovic, Dragan Papic and Vladimir Santic ( aka “Vlado”), Case No. IT-95-16-T, Judgement, 14 January 2000 (“ Kupreskic Trial Judgement”), para. 556; Blaskic Appeal Judgement, para . 126; Kunarac Trial Judgement, para. 434; Kunarac Appeal Judgement , para. 102.
363. Kunarac Trial and Appeal Judgements, ibid.
364. Tadic Appeal Judgement , paras 248, 252; Kunarac Appeal Judgement, para. 103; Blaskic Appeal Judgement, para. 124.
365. Defence Final Brief, p. 41(confidential ).
366. See paras 64, 75 supra .
367. See VIII., “The Accused’s Role and his Responsibility in General”, infra.
368. See VI.C., “Authority of the ARK Crisis Staff”, infra.
369. See paras 173-175 infra .
370. See VII., “Individual Criminal Responsibility”, infra.
371. See VIII., “The Accused’s Role and his Responsibility in General”, infra.
372. The FRY came into existence on 27 April 1992. On that date, a joint session of the National Assembly of the Republic of Serbia and the Assembly of the Republic of Montenegro proclaimed a new constitution for the Federal Republic of Yugoslavia: Constitution of FRY, 27 April 1992, Official Gazette of SRFY no. 34/92 (English translation in Blaustein, A. P, Flanz, G. H. (eds.), Constitutions of the Countries of the World, (Oceana Publications ), Dobbs Ferry, New-York, March 1994.
373. For a chronology of the events leading to the independence of BiH, see para. 63 supra.
374. Ex. DB374, “CIA, Balkan Battlegrounds : A Military History of the Yugoslav Conflict, Washington DC: CIA, Office of Russian and European Analysis, 2003 (“CIA, Balkan Battlegrounds”), Annex 22”, p.240 stating that a significant number of JNA troops were on the ground when the independence of BiH was recognised by the European Union and the United States respectively on 6 and 7 April 1992; ex. DB376, “Expert Report of Paul Shoup”, p. 16: The JNA was particularly active in the Bosnian Krajina, using the area as a base of attack Western Slavonija and to prepare Serb TO’s for the coming war; ex . DB376, “Expert Report of Paul Shoup”, p.26, (citing CIA, Balkan Battlegrounds ): There were approximately 100,000 to 110,000 JNA troops at the start of the war; ex. P53, “Expert Report of Robert Donia”, p.70: In some areas the JNA’s heavy artillery and tanks were directly engaged along with Serb paramilitaries and TO units. In mid-April and May, JNA troops aided by local Serbian leaders seised key towns along the Sava River on BiH’s northern boundary with Croatia); see also para. 87 supra.
375. The term “logistics” is being given the meaning attributed to it in the Oxford English Dictionary, 2nd ed., (Oxford University Press), Oxford, 1989 (“Oxford English Dictionary”): “the organisation of moving, lodging and supplying troops and equipment”.
376. Ex. P2501, “1st Krajina Corps Command Letter No. 18/5-27 of 5 August 1992” underlining “the need for rigorous saving of ammunition and fuel because reserves of these resources are minimal and the sources of supply are limited and located in the FRY”; ex. P2504, “1st Krajina Corps Message No. 18/5-29 of 14 September 1992” stating the critical ammunition situation in the reserves of the 14th Logistics Base; ex. P2515, “Order No.16/28 of 9 March 1993” regarding the increasing difficulties of the VRS in ensuring material supplies for its troops.
377. Ex. P2498, “Order No.18/1-28 of 9 July 1992 by the Assistant Commander for Logistics for transport of materiel and equipment from Belgrade to Banja Luka”; ex. P2499, “Ban of 29 July 1992 on issuing fuel to any vehicle that is not part of VJ/RS BiH/SAO Krajina except when permission has been issued by GS VJ due to fuel problems”; ex. P2503, “1st Krajina Corps Command Report”, concerning the approval for the transfer of 225 tons of ammunition (in addition to 220 tons to be transferred later on) from the General Staff of the Army of FRY to the VRS on 13 September 1992; ex. P2505, “List depicting the quantity of ammunition received by Doboj Operational Group from 5 August to 14 September 1992”; ex. P2506, “List of material delivered from 5 August to 14 September 1992 from Serbia and Montenegro”; ex. P2510, “Report of the UN Secretary General of 3 December 1992” stating that “Bosnian Serb forces allegedly continue to receive supplies and support from elements in the FRY”; ex. P2512, “1st Krajina Corps daily logistics report No. 16/1-1 to the General Staff of VRS of 1 January 1993”, reporting that 29 trailers trucks have been sent to transport materiel from FRY under the ‘Izvor 3’ plan; ex. DB37, “CIA, Balkan Battlegrounds, Annex 24”, p.290, referring to various 1st KK and VRS Main Staff documents presented in Prosecutor v. Slobodan Milosevic: Prosecution’s Second Pre-Trial Brief (Croatia and Bosnia Indictments ), 31 May 2002: “At the 50th Session of the National Assembly of Republika Srpska in April 1995, General Mladic provided a consumption review of weapons and other equipment used by the VRS from the start of the war until 31 December 1994. After initially obtaining roughly 40% of the infantry, artillery and anti-aircraft ammunition it was to use from another JNA stocks, the VRS received at least another 34% of the total amount of each of these items it consumed before 31 December 1994 from the VJ”.
378. Ex. P2494, “Clarification note from the Command of 5th Corps relating to a SFRY presidential decision of 5 May 1992”, stating that all JNA personnel remaining in BiH or transferred to BiH would retain the same rights as other JNA personnel; ex. P2497, “VRS BiH General Staff Circular to all units of 10 June 1992”, providing a general explanation to them in regard to the rights and status of active soldiers temporarily serving outside their duty station and stating that the Federal Secretariat for National Defence Personnel Administration shall make payments for personnel dispatched directly from Belgrade garrisons and reserve (retired) senior officers receive their remuneration according to the instructions on payment of reserve soldiers during duty assignments in the Armed Forces of SFRY under conditions of imminent threat of war; ex. P2514 , “1st KK Command Report on the analysis of activities according to elements of combat readiness in 1992”, p.13: “that all institutions of the Army of FRY be advised not to send us men who leave the VRS after two or three months of getting versed to the job”; ex. DB371, “CIA, Balkan Battlegrounds, Annex 24”, p.274, stating that “this structure, with former JNA professional officers filling the army’s most important slots, particularly in staff and technical positions, would make the VRS a tough, resilient and efficient force at the strategic and operational levels.”
379. Ex. P2514, “1st KK Command Report on the analysis of activities according to elements of combat readiness in 1992”, p.16-17.
380. See paras 97-99 supra ; BT-106, T. 21051-21056 (closed session); Amir Dzonlic, T. 2394, 2395; Osman Selak, T. 12973-12974.
381. BT-104, T. 18634; BT-79, T. 11441 , 11449 (closed session); see paras 67-76 infra.
382. Ex. P2514, “1st KK Command Report on the analysis of activities according to elements of combat readiness in 1992”, p.24: “After the opening of the corridor towards FRY and the securing of basic and consumer goods, there was a positive effect on overall combat readiness, reinforcement and capability of units to carry out further tasks”; ex. DB371, “CIA, Balkan Battlegrounds, Annex 24”, p.268; ex. P1738, “30th Partisan Division Report on the political and security situation, 19 July 1992”, presented during Ewan Brown’s testimony, T. 21517-21518; Osman Selak, T. 13136-13148; ex. P1494.2, “Transcript of a videotape interview with Talic and Simic”, where Talic stated that the second goal of this operation was to open a corridor towards Serbia.
383. Ex. P31, “Minutes of 11th Session of the Assembly of the ARK, 8 January 1991”, p. 4, at which it was decided that a commission be dispatched to Belgrade to discuss directly with Milosevic; ex. P53 , “Expert Report of Robert Donia”, p.58, stating that in the first half of 1991, Tudman and Milosevic repeteadly met to discuss a possible partition of BiH.
384. Robert Donia, T. 1110; ex. P53 , “Expert Report of Robert Donia”, p.57, referring to Borislav Jovic, Poslednji dani SFRJ (drugo izdanje) (Kragujevac: Prizma, 1996), p.421.
385. Ibid.: “JNA Commander Kadijevic reported to Milosevic and Jovic that these transfers were 90% complete .”
386. Ibid. at p. 420.
387. Robert Donia, T. 1140-1141: At the 11th Session of the ARK Assembly, the Assembly decided to dispatch a commission to Belgrade and speak directly to Milosevic as opposed to mediating in the Assembly of Serbian People of the Bosnian Serb Republic; Phone intercepts admitted into evidence pursuant to Prosecution v. Radoslav Brdanin, Case No. IT-99-36-T, Decision on the Defence “Objection to intercept evidence”, 3 October 2003: ex. P2382.2, “ Conversation between Brdanin and Karadzic on 2-3 July 1991”; ex. P2382.4, “Conversation between Karadzic and Miroslav from Banja Luka on 28 July 1991”; ex. P2382.8, “Conversation between Karadzic and Brdanin on 18 September 1991”; ex. P2383.6, “Conversation between Karadzic and Milosevic on 23 September 1991”; ex. P2382.9, “Conversation between Brdanin and Karadzic on 25 September 1991”; ex. P2383.8, “Conversation between Radovan Karadzic and Gojko \ogo on 12 October 1991”; ex. P2382.10, “Conversation between Brdanin and Ljuba Grkovic on 16 October 1991”; ex. P2383.13, “Conversation between Karadzic and Nenad Stevandic on 11 January 1992”; ex. P2383.15, “Speech by Karadzic at the Assembly of the Serbian People on 14 February 1992”.
388. Tadic Appeal Judgement , para. 157.
389. Celebici Trial Judgement , para. 224.
390. Muharem Murselovic, T. 12637; Osman Selak , T. 13260-13261.
391. For instance, the take-over operations in Prijedor Municipality commenced before 19 May 1992 and were not completed until after that date. Further, the attack on Kozarac was continued by the same JNA unit restyled as a 1st KK unit and with the same officers in command.
392. See the UN Resolutions mentioned hereunder.
393. Ibid.
394. Ex. P2496 “UN Security Council Resolution S/RES/757 (30 May 1992)” (“UN Security Council Resolution 757”).
395. Ex. P2495 “UN Security Council Resolution S/RES/752 (15 May 1992)”.
396. Ex. P2496 “UN Security Council Resolution 757”, para.3: “[The Security Council] decides that all States shall adopt the measures set out below, which shall apply until the Security Council decides that the authorities in FRY (Serbia and Montenegro), including the Yugoslav People’s Army (JNA), have taken effective measures to fulfil the requirements of Resolution 752 (1992).
397. Rule 94 (A) of the Rules: A Trial Chamber shall not require proof of facts of common knowledge but shall take judicial notice thereof.
398. UN General Assembly Resolution A/RES/46/242 (25 August 1992).
399. Ex. P2510 “Report of the UN Secretary General of 3 December 1992”.
400. Tadic Appeal Judgement , para. 157.
401. For a more in-depth analysis, see Tadic Appeal Judgement, paras 159-161.
402. See para. 125 supra .
403. Hague Convention (IV) respecting the Laws and Customs of War on Land and the Regulations annexed thereto, 18 October 1907 (“Hague Regulations”), Article 23: “In addition to the prohibition provided by special Conventions, it is specially forbidden (…) to destroy or seise the enemy’s property, unless such destruction or seisure be imperatively demanded by the necessities of war”; Article 27: “The property of municipalities, that of institutions dedicated to religion, charity and education, the acts of sciences, even when State property , shall be treated as private property. All seisure, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science , is forbidden and should be made the subject of legal proceedings.”
404. UN Secretary General Report S /25704 pursuant to paragraph 2 of Security Council Resolution 808 (1993), 3 May 1993 (“Secretary General Report”).
405. Secretary General Report, para . 44; Tadic Jurisdiction Decision, para. 86; Celebici Appeal Judgement , para. 126.
406. Secretary General Report, para . 44.
407. Tadic Jurisdiction Decision , para. 90.
408. London Agreement and Annexed Charter of the International Military Tribunal for the Prosecution and Punishment of the German Major War Criminals, Berlin, 8 August 1945, (“Nuremberg Charter”), Article 6.
409. See paras 84-86 infra .
410. The following chapters of this Judgement develop each of these specific crimes.
411. IX.D., “Destructions”, will develop Count 10 (Unlawful and wanton extensive destruction and appropriation of property not justified by military necessity), Count 11 (Wanton destruction of cities, towns or villages or devastation not justified by military necessity) and Count 12 (Destruction or wilful damage done to institutions dedicated to religion).
412. The establishment of detention camps for civilians will be developed in several sections of Chapter IX of this Judgement, namely Sections A, “Extermination and Wilful Killing”, B, “Torture”, and E, “Genocide”.
413. Count 4 (Extermination) and Count 5 (Wilful killing) will be developed in IX.A. of this judgement.
414. IX.C., “Deportation and Inhumane Acts” infra will specifically develop Count 8 (Deportation) and Count 9 ( Inhumane Acts) of the Indictment.
415. Patrick Treanor, T. 18709-18710 .
416. There was no allowance for associations on the basis of nationality. Prior to 1990, there were two regional associations : Banja Luka and Bihac; Robert Donia T. 851; Patrick Treanor, T. 18709-18711; BT -7, T. 3097 (closed session); BT-13, T. 4591 (closed session).
417. Robert Donia, T. 850, 1177-1178 ; ex. P53, “Expert Report of Robert Donia”, p. 41; Mevludin Sejmenovic, T. 12098 , 12136-12142; BT-95, T. 19492-19493 (closed session); Milorad Dodik, T. 20466; Patrick Treanor, T. 18710-18712; Boro Blagojevic, T. 21856; Mirsad Mujadzic, ex. P1601, T. 3631-3633; ex. P13, “Transcript of a meeting of the SDS of BiH, held on 12 July 1991”; ex. P20/P2464, “Minutes of SDS Party Council session”, 15 October 1991; ex. P17, “Minutes of 2nd session of Assembly of Serbian People of Bosnia-Herzegovina ”, 21 November 1991; ex. P24, “Transcript of the 3rd session of the Assembly of the SerBiH”, 11 December 1991.
418. The Founding Assembly of the ZOBK was held on 25 April 1991: Robert Donia, T. 1083-1084; ex. P53, “Expert Report of Robert Donia”, p. 44. See also ex. P160, “Oslobodjenje newspaper article”, including speeches of the Accused and Vojo Kupresanin at the Founding Session of the ZOBK.
419. Ex. P66, “Decision on the election of the president of the ZOBK Assembly”; ex. P67, “Decision on the Election of the First Vice-President of the ZOBK Assembly”; ex. P68, “Decision on the Election of the Second Vice-President of the ZOBK Assembly”; Robert Donia, T. 1089.
420. The founding members of the ZOBK were the municipalities of Banja Luka, Bosanska Dubica, Bosanska Gradiska, Bosanski Petrovac, Bosansko Grahovo, Celinac, Glamoc, Kupres, Kljuc, Laktasi, Mrkonjic Grad , Prnjavor, Titov Drvar, Skender Vakuf, Sipovo and Srbac. See ex. P2354, “Statute of the ZOBK”, Article 1; Robert Donia, T. 1083-1085; ex. P53, “Expert Report of Robert Donia”, pp. 46-48.
421. Robert Donia, T. 854; BT-13, T. 4811-4812 (closed session).
422. Ex. P11, “Minutes of the 2nd session of the ZOBK Assembly”, dated 14 May 1991; ex. P2354, “The Statutes of the ZOBK”. See also Robert Donia, T. 1091; Mevludin Sejmenovic, T. 12149-12150 ; Patrick Treanor, T. 18710-18711.
423. The ZOBL had a co-ordinating role on certain economic projects. It did not have a political purpose and its decisions were not binding on the municipalities: Branko Cvijic, T. 21400-21401.
424. Ex. P69, “Agreement on the Formation of a Community of Bosnian Krajina Municipalities”, dated 29 April 1991, Article 8: “in performing its function the Community of Municipalities shall: (…) co-ordinate policy in the following areas: (…) people’s defence, civilian protection, social self-protection and as necessary in other areas as well (…)”. Article 9: “In the area of all-people’s defence and social self-protection in its territory, the Community of Municipalities shall: ensure unity of preparation and the efficiency of the system of all-people’s defence and social self-protection in the territory of the Community of Municipalities in accordance with the organisation, preparations and plans of the SRBH and JNA; take organisational, material and other measures for exercising the rights and duties of citizens in preparations for all-people’s defence and their participation in armed fighting and other forms of resistance in time of war, under the imminent threat of war and other extraordinary circumstances in the territory of the Community of Municipalities; in time of war or under the imminent threat of war, organise all-people’s defence in the territory of the Community of Municipalities ; and in time of war or under the imminent threat of war, organise all-people’s defence in the territory of the Community of the Municipalities and lead it”. Ex . P2354 “Statute of the ZOBK”, Article 16: “The Association of Municipalities shall monitor the situation and co-ordinate activities for the organisation and implementation of preparations for All Peoples’ Defence in accordance with the Law, municipal defence plans and the republican defence plan”. See also Boro Blagojevic, T. 21815 -21816; Robert Donia, T. 1178.
425. See, e.g., ex. P72, “Conclusions from the 30 May 1991 meeting of the ZOBK”: “ZOBK will not accept (…) Bosnia and Herzegovina as an independent and completely sovereign state”. See also ex . P11, “Minutes of the 2nd session of the ZOBK Assembly”, dated 14 May 1991, where the Accused proposed that “the Assembly propose to the Municipal Assemblies to cancel their subscription to RTV Sarajevo”. The Accused further proposed that the ZOBK establish several institutions: “public companies, information, Chamber of the Economy , the regional SUP, the judiciary, the prosecutor’s office, (…) the SDK 9 (Public Auditing Service), the PTT, the University, forestry, agriculture, and electric power industry”. His proposal was adopted with only one dissenting vote, see Robert Donia, T. 1092; ex. P53, “Expert Report of Robert Donia”, p. 50. Ex. P74, “Decision of the ZOBK dated 8 July 1991” that the ZOBK will not pay taxes to the SRBH. Ex. P14, “Announcement of the ZOBK of 6 August 1991”, discussing the Mt . Kozara transmitter: “(…) an unofficial report that the BiH Ministry of the Interior was sending operative units to take control of the TV relay on Kozara was considered ”. In this context, see supra, para. 81. Ex. P16, “Minutes of the ZOBK Assembly of 6 September 1991”, followed by an announcement issued in the Accused’s name by the Secretariat for Information (ex. P2356) that “in each and every municipality a preparation for mobilisation order be passed, (…) it is our holy duty to defence the Serbian people first and foremost”. On 27 June 1991, the ZOBK Assembly held a joint meeting with the Assembly of the Republic of Serbian Krajina (RSK), and adopted a declaration on the union of the two Krajina’s; Robert Donia, T. 1093.
426. Ex. P81, “Decision on the Proclamation of the ARK as an Inseparable Part of the Federal State of Federative Yugoslavia and an Integral Part of the Federal Unit of BiH”, Patrick Treanor, T.  18728. The term of “SAO (Serbian Autonomous District) Krajina”, which was on occasion employed interchangeably with “ARK”, will not be used because it might be confused with the Bosnian Croatian SAO Krajina adjacent to the ARK in BiH.
427. Patrick Treanor, T. 18729; ex . P80, “Statute of the ARK”.
428. Ex. P2354, “ZOBK Statute”, Article 6; ex. P80, “ARK Statute”, Article 6.
429. Robert Donia, T. 1099-1100, 1106 -1107; BT-95, T. 19491-19500 (closed session).
430. Ex. P2359, “Decision on ratification of the proclaimed Serbian autonomous districts in Bosnia and Herzegovina passed by the SerBiH Assembly on 21 November 1991”, signed by Momcilo Krajisnik as its President; ex. P17, “Shorthand notes of the 2nd session of the SerBiH Assembly”, held on 21 November 1991. Robert Donia, T. 1289; Patrick Treanor, T. 18744.
431. Mirko Dejanovic, T. 23213-23214 ; Patrick Treanor, T. 18742. In this decision, the SerBiH Assembly explicitly stated that “St]he Autonomous Regions and Districts (…) are part of Bosnia and Herzegovina , as Federal Units in the Joint State of Yugoslavia”. See ex. P2359, “Decision on ratification of the proclaimed Serbian autonomous districts in Bosnia and Herzegovina passed by the SerBiH Assembly on 21 November 1991”, signed by Momcilo Krajisnik as its President, item II.
432. Ex. P236