Momcilo Krajisnik was originally indicted together with Biljana Plavsic

The Indictment

Factual allegations:
The Amended Consolidated Indictment, submitted on 7 March 2002 pursuant to the Decision of the Trial Chamber dated 4 March 2002, generally alleges that, between 1 July 1991 and 30 December 1992, Momcilo Krajisnik, Biljana Plavsic and others, including Slobodan Milosevic, Zeljko Raznatovic aka “Arkan” and Radovan Karadzic participated in the joint criminal enterprise, planned, instigated, ordered, committed or otherwise aided and abetted the planning, preparation or execution of the partial destruction of the Bosnian Muslim and Bosnian Croatian national, ethnical racial or religious groups, in the territories within Bosnia and Herzegovina. The objective of the joint criminal enterprise was primarily achieved through a manifest pattern of persecutions as alleged in the Indictment.

According to the Indictment the destruction of these groups was effected by:

“the widespread killing of Bosnian Muslims and Bosnian Croats, including leading members of their communities, which took place during and after the attack on towns and villages in the Municipalities and the killing of Bosnian Muslims and Bosnian Croats related to detention facilities”;
“the causing of serious bodily or mental harm to Bosnian Muslims and Bosnian Croats, including leading members of their communities, during their confinement in detention facilities”;,
“the detention of Bosnian Muslims and Bosnian Croats, including leading members of their communities, in detention facilities under conditions of life calculated to bring about their physical destruction, namely through cruel and inhuman treatment, including torture, physical and psychological abuse and sexual violence, inhumane living conditions, forced labour and the failure to provide adequate accommodation, shelter, food, water, medical care or hygienic sanitation facilities”.

It is alleged that Momcilo Krajisnik held a prominent position in the Bosnian Serb leadership. He was a member of the National Security Council, the Expanded Presidency of the “Serbian Republic of Bosnia and Herzegovina”, the Main Board of the Serbian Democratic Party of Bosnia and Herzegovina (“SDS”) and the Bosnian Serb Assembly, of which he was also President. By virtue of those associations, positions and memberships, he had de facto control and authority over the Bosnian Serb forces and Bosnian Serb political and governmental organs and their agents, who participated in the crimes alleged in the Indictment.

Two counts of genocide (Article 4 of the Statute – genocide; and/or, complicity to commit genocide),
Five counts of crimes against humanity (Article 5 of the Statute – persecutions on political, racial and religious grounds; extermination; murder; deportation; inhumane acts), and
One count of violations of the laws or customs of war (Article 3 of the Statute – murder),

On 2 October 2002, co-Accused Biljana Plavsic pleaded guilty to one count of persecutions on political, racial and religious grounds, a crime against humanity. Following this, on 25 November 2002, the Trial Chamber ordered that the trial of Momcilo Krajisnik be severed from the sentencing proceedings for Biljana Plavsic. On 27 February 2003, she was sentenced to 11 years’ imprisonment.

The trial against Momcilo Krajisnik commenced on 3 February 2004.

On 10 December 2004, Judge El Mahdi made public his decision to withdraw from the Krajisnik case, effective 14 January 2005.
On 15 December 2004, the parties appeared before Judge Orie and Judge Martín Canivell to discuss whether to continue the trial with a substitute judge or whether to have a trial de novo, a re-trial with a new Judge, pursuant to Rule 15 bis of the Rules of Procedure and Evidence.
On 16 December 2004, Judges Orie and Martín Canivell ordered the proceedings to continue with a substitute judge.
On 25 January 2005, the President of the Tribunal assigned Judge Hanoteau to the case.

Trial Chamber I:
Judge Alphons Orie (Presiding), Netherlands
Judge Joaquín Martín Canivell, Spain
Judge Claude Hanoteau, France

Counsel for the Prosecution:
Mark Harmon
Alan Tieger

Counsel for the Defence:
Nicholas Stewart
Chrissa Loukas