The Indictment ("Bosnia and Herzegovina")

Factual Allegations:

The First Indictment against Radovan Karadzic and Ratko Mladic was originally filed on 24 July 1995 and was confirmed by Judge Jorda on 25 July 1995. The second Indictment was originally filed on 14 November 1995 and was confirmed by Judge Riad on 16 November 1995.

The Amended Indictment that was confirmed on 31 May 2000, alleges that Radovan Karadzic, acting individually or in concert with others, including Momcilo Krajisnik and Biljana Plavsic between 1 July 1991 and 31 December 1992, participated in the below-charged crimes in order to secure control of those areas of Bosnia and Herzegovina which had been proclaimed part of the "so-called "Republika Srpska". In order to achieve this objective, the Bosnian Serb leadership, including Radovan Karadzic, and at relevant times Momcilo Krajisnik, Biljana Plavsic and others, initiated and implemented a course of conduct which included the creation of impossible conditions of life, involving persecution and terror tactics, that would have the effect of encouraging non-Serbs to leave those areas. This included the deportation of those who were reluctant to leave; and the liquidation of others.

Bosnian Serb forces including military, paramilitary, territorial defence and police units (hereafter Bosnian Serb forces), SDS and government authorities acting under the direction and control of Radovan Karadzic, and at relevant times Momcilo Krajisnik, Biljana Plavsic and others, were engaged in variety of actions to significantly reduce the Bosnian Muslim, Bosnian Croat and other non-Serb populations of the municipalities listed in the Indictment.

From late March to 31 December 1992, Bosnian Serb forces seized physical control of these municipalities, often through violent attacks. These attacks and take-overs occurred in a co-ordinated and planned manner. Organisation and direction of the take-overs that that occurred between late march and 31 December 1992 and the continuing acts of persecution and deportation that occurred up to 30 November 1995, in particular from the municipalities of Bijeljina, Banja Luka and the UN designated "safe area" of Srebrenica and its surroundings, were provided by the SDS, military and police leadership, and the governing organs of Serb municipalities, including the Crisis Staffs, War Presidencies and War Commissions.

Charges:

The Indictment charges Radovan Karadzic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) and superior criminal responsibility (Article 7(3) of the Statute) with:

Two counts of genocide (Article 4 of the Statute - genocide, complicity in genocide),
Five counts of crimes against humanity (Article 5 of the Statute - extermination, murder, persecutions on political, racial and religious grounds, persecutions, inhumane acts (forcible transfer)),
Three counts of violations of the laws or customs of war (Article 3 of the Statute - murder, unlawfully inflicting terror upon civilians, taking hostages), and
One count of grave breaches of the Geneva Conventions (Article 2 of the Statute - wilful killing).