Crimes indicted for (examples):
KOSOVO
 Forced
deportation of approximately 800,000 Kosovo Albanian civilians
facilitated by an intentionally created atmosphere of fear
and oppression through the use of force, threats of force,
and acts of violence.
Murder
of hundreds of Kosovo Albanian civilians – men,
women, and children, which occurred in a widespread or systematic
manner throughout the province of Kosovo.
The sexual assault by forces of the FRY and Serbia
against Kosovo Albanians, in particular women.
Widespread or systematic campaign of destruction of
property owned by Kosovo Albanian civilians accomplished by
the widespread shelling of towns and villages; the burning
and destruction of property, including homes, farms, businesses,
cultural monuments and religious sites; and the destruction
of personal property which made villages, towns, and entire
regions uninhabitable for Kosovo Albanians.
CROATIA
The
extermination or murder of hundreds of Croat and other non-Serb
civilians, including women and elderly persons, in Dalj, Erdut,
Klisa, Lovas, Vukovar, Vocin, Bacin,
Saborsko and neighbouring villages, Škabrnja, Nadin,
Bruska, and Dubrovnik and its environs.
The prolonged and routine imprisonment and confinement
of thousands of Croat and other non-Serb civilians in detention
facilities within and outside of Croatia, including prison
camps located in Montenegro, Serbia, and Bosnia and Herzegovina.
The deportation or forcible transfer of at least 170,000
Croat and other non-Serb civilians from the territories specified
above, including the deportation to Serbia of at least 5,000
inhabitants from Ilok, 20,000 inhabitants from Vukovar; and
the forcible transfer to locations within Croatia of at least
2,500 inhabitants from Erdut.
The deliberate destruction of homes, other public and
private property, cultural institutions, historic monuments
and sacred sites of the Croat and other non-Serb population
in Dubrovnik and its environs, Vukovar, Erdut, Lovas, Šarengrad,
Bapska, Tovarnik, Vocin, Saborsko, Škabrnja, Nadin,
and Bruska.
The establishment and perpetuation of inhumane living
conditions for Croat and other non-Serb civilian detainees
within the mentioned detention facilities.
The repeated torture, beatings and killings of Croat
and other non-Serb civilian detainees in the mentioned detention
facilities.
Unlawful attacks on Dubrovnik and undefended Croat
villages throughout the territories specified above.
BOSNIA AND HERZEGOVINA
Widespread killing of thousands of Bosnian Muslims
during and after the take-over of territories within Bosnia
and Herzegovina.
The killing of thousands of Bosnian Muslims in detention
facilities within Bosnia and Herzegovina.
The causing of serious bodily and mental harm to thousands
of Bosnian Muslims during their confinement in detention facilities
within Bosnia and Herzegovina.
The detention of thousands of Bosnian Muslims in detention
facilities within Bosnia and Herzegovina under conditions of
life calculated to bring about the partial physical destruction
of those groups, namely through starvation, contaminated water,
forced labour, inadequate medical care and constant physical
and psychological assault.
The extermination, murder and wilful killings of non-Serbs,
principally Bosnian Muslims and Bosnian Croats living in the
territories of Banja Luka, Bihac, Bijeljina, Bileca,
Bosanska Krupa, Bosanski Novi, Bosanski Šamac, Bratunac,
Brcko, Cajnice, Doboj, Foca, Gacko, Sarajevo
(Ilijas), Kljuc, Kalinovik, Kotor Varos,
Nevesinje, Sarajevo (Novi Grad), Prijedor, Prnjavor, Rogatica,
Sanski Most, Srebrenica, Teslic, Visegrad, Vlasenica
and Zvornik.
The cruel and inhumane treatment of Bosnian Muslim,
Bosnian Croat and other non-Serb civilians. Such inhumane treatment
included, but was not limited to, sexual violence, torture,
physical and psychological abuse and forced existence under
inhumane living conditions.
The imposition of restrictive and discriminatory measures
against Bosnian Muslims, Bosnian Croats and other non-Serbs,
such as, the restriction of freedom of movement; removal from
positions of authority in local government institutions and
the police; dismissal from jobs; arbitrary searches of their
homes; denial of the right to judicial process and the denial
of the right of equal access to public services, including
proper medical care.
The forcible transfer and deportation of thousands
of Bosnian Muslim, Bosnian Croat and other non-Serb civilians
to locations outside of Serb held territories.
The intentional and wanton destruction of homes, other
public and private property belonging to Bosnian Muslims and
Bosnian Croats, their cultural and religious institutions,
historical monuments and other sacred sites.
The obstruction of humanitarian aid, in particular
medical and food supplies into the besieged enclaves Bihac,
Gorazde, Srebrenica and Zepa, and the deprivation
of water from the civilians trapped in the enclaves designed
to create unbearable living conditions.
INDICTMENT AND CHARGES
KOSOVO
The initial indictment against Slobodan Milosevic, Milan
Milutinovic, Nikola Sainovic, Dragoljub Ojdanic and Vlajko
Stojiljkovic (case nr. IT-99-37), concerning crimes committed
in Kosovo was confirmed on 24 May 1999 and made public on 27
May 1999. This indictment was amended on 29 June 2001.
On 29 October 2001 the Prosecution filed a second amended
indictment. On 5 September 2002, the Trial Chamber separated
the proceedings against Slobodan Milosevic from proceedings
against the other accused.
The operative indictment alleges that between 1 January 1999
and 20 June 1999, Slobodan Milosevic participated in a joint
criminal enterprise (JCE) together with a number of other individuals
including Milan Milutinovic, Nikola Sainovic, Dragoljub Ojdanic,
Vlajko Stojiljkovic and others known and unknown. During this
period, the forces of the Federal Republic of Yugoslavia (FRY)
and Serbia, acting at the direction, with the encouragement,
or with the support of the JCE, executed a campaign of terror
and violence directed at Kosovo Albanian civilians.
It is alleged that the purpose of the JCE was the expulsion of a substantial
portion of the Kosovo Albanian population from Kosovo, in an effort to ensure
continued Serbian control over the province.
Milosevic is held individually responsible for the crimes
alleged against him, pursuant to Article 7(1) of the Statute
of the Tribunal, and for the crimes or omissions of their subordinates,
pursuant to Article 7(3) of the Statute.
According to the indictment, during the relevant period, Slobodan
Milosevic was the President of FRY, President of the Supreme
Defence Council of the FRY and the Supreme Commander of the
Yugoslav Army (VJ). Pursuant to his position, he exercised
command authority over the VJ and the police forces subordinated
to the VJ. In addition to his de jure powers, he also exercised
extensive de facto control over numerous institutions essential
to, or involved in, the conduct of the crimes alleged in the
indictment.
It is further alleged that approximately 800,000 Kosovo Albanian
civilians were expelled from the province by their forced removal
and subsequent looting and destruction of their homes, or by
the shelling of villages. In the process, many were killed,
abused and had their possessions and identification papers
stolen.
CROATIA
The initial indictment against Slobodan Milosevic concerning
crimes committed in Croatia, was confirmed on 8 October 2001
and made public on 9 October 2001. On 23 October 2002, the
Prosecution filed an amended version of the “Croatia” indictment.
The indictment was further amended on 26 July 2004. This, second
amended indictment became the operative indictment on 28 July
2004.
According to the indictment, Slobodan Milosevic participated in a JCE which
came into existence before 1 August 1991 and continued until at least June
1992. Individuals participating in the JCE included Borisav Jovic, Branko Kostic,
Veljko Kadijevic, Blagoje Adzic, Milan Babic, Milan Martic, Goran Hadzic, Jovica
Stanisic, Franko Simatovic (also known as “Frenki”), Tomislav Simovic,
Vojislav Seselj, Momir Bulatovic, Aleksandar Vasiljevic, Radovan Stojičic
(also known as “Badza”), Zeljko Raznatovic (also known as “Arkan”)
and other known and unknown participants. The purpose of this enterprise was
the forcible removal of the majority of the Croat and other non-Serb population
from approximately one-third of the territory of the Republic of Croatia, an
area he planned to become part of a new Serb-dominated state. This area included
those regions that were referred to by Serb authorities as the “Serbian
Autonomous District (SAO) Krajina”, the “SAO Western Slavonia”,
and the “SAO Slavonia, Baranja and Western Srem” (collectively
referred to by Serb Authorities after 19 December 1991 as the “Republic
of Serbian Krajina (RSK)”) and the “Dubrovnik Republic”.
According to the indictment, during the relevant period, Slobodan Milosevic
was the President of the Republic of Serbia and as such exercised effective
control or substantial influence over the participants of the JCE and, either
alone or acting in concert with others, effectively controlled or substantially
influenced the actions of the Federal Presidency of the Socialist Federative
Republic of Yugoslavia (SFRY) and later the FRY, the Serbian Ministry of Internal
Affairs (MUP), the Yugoslav Peoples’ Army (JNA), the Serb-run Territorial
Defence (TO) staff in the relevant territories, and the Serb volunteer groups.
It is alleged that, between 1 August 1991 and June 1992, Serb
forces, comprised of the JNA units, local TO units, as well
as TO units from Serbia and Montenegro, local and MUP units
and paramilitary units, attacked and took control of towns,
villages and settlements in the territories listed above. After
the take-over, the Serb forces, in cooperation with the local
Serb authorities, established a regime of persecutions designed
to drive the Croat and other non-Serb civilian population from
these territories. This regime included the extermination or
murder of hundreds of Croat and other non-Serb civilians, including
women and elderly persons, the deportation or forcible transfer
of at least 170,000 Croat and other non-Serb civilians and
the confinement or imprisonment under inhumane conditions of
thousands of Croat and other non-Serb civilians. Further, public
and private property in all the relevant areas was intentionally
and wantonly destroyed and plundered, including homes, religious,
historical and cultural buildings.
BOSNIA AND HERZEGOVINA
The initial indictment against Slobodan Milosevic concerning
crimes committed in Bosnia and Herzegovina was confirmed on
22 November 2001 and made public on 23 November 2001. On 22
November 2002, the Prosecution filed an amended version of
the indictment. On 21 April 2004, this version of the indictment
became the operative one.
The indictment alleges that Milosevic participated in a JCE,
which came into existence by 1 August 1991 and continued until
at least 31 December 1995. The individuals participating in
the JCE included Radovan Karadzic, Momčilo Krajisnik,
Biljana Plavsic, Ratko Mladic, Borisav Jovic, Branko Kostic,
Veljko Kadijevic, Blagoje Adzic, Milan Martic, Jovica Stanisic,
Franko Simatovic (also known as “Frenki”), Vojislav
Seselj, Radovan Stojičic (also known as “Badza”), Zeljko
Raznatovic “Arkan” and other known and unknown
participants. The purpose of the JCE was the forcible and permanent
removal of the majority of non-Serbs, principally Bosnian Muslims
and Bosnian Croats, from large areas of Bosnia and Herzegovina.
According to the indictment, during the relevant period Slobodan
Milosevic was the President of Serbia and as such exercised
effective control or substantial influence over participants
in the JCE and either alone or acting in concert with them
and additional known and unknown persons effectively controlled
or substantially influenced the actions of the Federal Presidency
of the SFRY and later the FRY, the MUP, the JNA and later the
VJ, the Bosnian Serb Army (VRS), as well as Serb paramilitary
groups.
It is alleged that, from on or about 1 March 1992 until 31
December 1995, Slobodan Milosevic, acting alone or in concert
with other members of the JCE, planned, instigated, ordered,
committed or otherwise aided and abetted the planning, preparation
and execution of the widespread killing of thousands of Bosnian
Muslims during and after the take-over of territories within
Bosnia and Herzegovina and the detention of thousands of Bosnian
Muslims in detention facilities within Bosnia and Herzegovina,
under conditions of life calculated to bring about the partial
physical destruction of those groups. During their confinement
in detention facilities, thousands of Bosnian Muslims were
killed or caused serious bodily and mental harm.
As a co-perpetrator in the JCE, Milosevic was also held responsible
for the extermination or murder and forcible transfer and deportation
of thousands of Bosnian Muslim, Bosnian Croat and other non-Serb
civilians. The charges also include numbers of acts of intentional
and wanton destruction of homes, other public and private property
belonging to Bosnian Muslims and Bosnian Croats, their cultural
and religious institutions, historical monuments and other
sacred sites and the appropriation and plunder of property
belonging to Bosnian Muslim, Bosnian Croat and other non-Serb
civilians.
Slobodan Milosevic was charged on the basis of individual
criminal responsibility (Article 7(1) of the Statute of the
Tribunal), and on the basis of superior criminal responsibility
(Article 7(3) of the Statute) with:
KOSOVO
Deportation;
murder; persecutions on political, racial or religious grounds;
and other inhumane acts/forcible transfer (crimes against humanity,
Article 5),
Murder
(violations of the laws or customs of war, Article 3).
CROATIA
Persecutions
on political, racial or religious grounds; extermination; murder;
imprisonment; torture; inhumane acts; deportation; inhumane
acts (forcible transfers) (crimes against humanity, Article
5),
Wilful
killing; unlawful confinement; torture; wilfully causing great
suffering; unlawful deportation or transfer; extensive destruction
and appropriation of property, not justified by military necessity
and carried out unlawfully and wantonly (grave breaches of the
Geneva Conventions of 1949, Article 2),
Murder;
torture; cruel treatment; wanton destruction of villages, or devastation
not justified by military necessity; destruction or wilful damage
done to institutions dedicated to education or religion; plunder
of public or private property; attacks on civilians; destruction
or wilful damage done to historic monuments and institutions dedicated
to education or religion; unlawful attacks on civilian objects
(violations of the laws or customs of war, Article 3).
BOSNIA AND HERZEGOVINA
Genocide;
complicity in genocide (genocide, Article 4),
Persecutions
on political, racial or religious grounds; extermination; murder;
imprisonment; torture; deportation; inhumane acts; and forcible
transfers (crimes against humanity, Article 5),
Wilful
killing; unlawful confinement; torture; wilfully causing great
suffering; unlawful deportation or transfer; and extensive destruction
and appropriation of property (grave breaches of the Geneva Conventions
of 1949, Article 2),
Murder;
torture; cruel treatment; wanton destruction of villages, or devastation
not justified by military necessity; wilful destruction or wilful
damage done to historic monuments and institutions dedicated to
education or religion; plunder of public or private property; attacks
on civilians (violations of the laws or customs of war involving,
Article 3).
AMICI CURIAE, ASSIGNED COUNSEL AND LEGAL ASSOCIATES
Slobodan Milosevic elected to represent himself before
the Tribunal. In absence of trained Defence Counsel and in
order to secure a fair trial, on 30 August 2001 the Trial Chamber
issued an order to the Registrar to designate counsel to appear
before the Chamber as so-called amici curiae (friends of the
Court). On 6 September 2001, the Registrar assigned Steven
Kay, Branislav Tapuskovic and Michail Wladimiroff. The amici
curiae were appointed not to represent the accused but to assist
in the proper determination of the case.
Upon the accused’s request to receive legal advice from
Ramsey Clark and John Livingston, the Trial Chamber issued
an order on 15 November 2001 providing them with the status
of legal advisors. As such, Ramsey Clark and John Livingston
were granted privileged access to the accused, which meant
that their communication with the accused, whether in meetings
or on the telephone is not monitored by Tribunal authorities.
On 10 April 2002, the accused identified in court Zdenko Tomanovic
and Dragoslav Ognjanovic as associates with whom he wished
to communicate. On 16 April 2002, the Trial Chamber issued
an order by which it replaced Ramsey Clark and John Livingston
and appointed Zdenko Tomanovic and Dragoslav Ognjanovic as
lawyers with whom the accused could communicate for the purpose
of preparing his defence. The Trial Chamber determined that,
as such, they must be subject to the Code of Professional Conduct
for Defence Counsel Appearing Before the International Tribunal
and bound to existing Chamber orders on protective measures.
On 23 October 2003, the Trial Chamber extended its order to
enable the accused to communicate with Branko Rakic under the
same conditions.
On 10 October 2002, the Trial Chamber revoked the appointment
of Michail Wladimiroff as amicus curiae. On 22 November 2002,
the Trial Chamber designated Timothy McCormack as the third
amicus curiae.
On 27 June 2003, the Trial Chamber indicated that, due to
the conclusion of the Prosecution case, it no longer required
the services of amicus curiae Branislav Tapuskovic.
On 3 September 2004, pursuant to an order by the Trial Chamber,
the Registar appointed assigned counsel to Slobodan Milosevic:
Steven Kay was appointed as counsel and Gillian Higgins as
co-counsel.
TRIAL
The trial commenced on 12 February 2002 with evidence relevant
only to the charges relating to Kosovo. The Prosecution concluded
its case regarding Kosovo on 11 September 2002. On 26 September
2002, the Prosecution started the presentation of its case
regarding Croatia and Bosnia and Herzegovina. The Prosecution
concluded the presentation of its evidence in chief on 25 February
2004.
On 12 April 2004, the UN Secretary-General appointed Lord
Bonomy as a Judge of the ICTY. Lord Bonomy, whose appointment
was effective as of 1 June 2004, replaced Judge Richard May
who had retired due to ill-health.
The Defence case commenced on 31 August 2004.
RULE 98bis PROCEEDINGS
On 16 June 2004, following the completion of the presentation
of the Prosecution case, the Trial Chamber found that there
was sufficient evidence to support each count in the three
indictments.
However, pursuant to Rule 98bis, the Trial Chamber also found
that there was no or insufficient evidence to support certain
allegations relevant to some of the charges in the “Croatia” and “Bosnia
and Herzegovina” indictments. The acquitted allegations
included:
Existence,
conditions, organisation and possible crimes committed at the
detention facilities described in the paragraphs 64(b), 64(f),
64(h) and 64(p) of the “Croatia” indictment.
Numbers
of allegations from the Schedule A (killings not associated
with detention facilities); Schedule B (killings associated
with detention facilities); Schedule C (existence of detention
facilities); and Schedule D (forcible transfers of non-Serb
civilians) of the “Bosnia” indictment.
All
but one of the 44 alleged sniper incidents in Sarajevo.
All
but one of the 26 alleged shelling incidents in Sarajevo.
TERMINATION OF PROCEEDINGS
Slobodan Milosevic passed away on 11 March 2006.
On 14 March 2006, the Trial Chamber terminated proceedings
against the accused.
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President
of Serbia from 26 December 1990; President of the Federal Republic
of Yugoslavia (FRY) from 15 July 1997 until 6 October 2000. As
FRY President, he was also the President of the Supreme Defence
Council of the FRY and the Supreme Commander of the Yugoslav
Army.