Slobodan
MILOSEVIC,
born on 20 August 1941
in Pozarevac, Serbia, Federal Republic of Yugoslavia (hereinafter
"FRY"). |
| Arrested:
1 April 2001 in Belgrade by local authorities.
Transferred to ICTY: 29 June 2001.
Initial Appearances:
3 July 2001, "not guilty" plea entered for
all counts on the "Kosovo" Iindictment.
29 October 2001, "not guilty" plea entered
for all counts on the "Croatia" Indictment.
11 December 2001, "not guilty" plea entered
for all counts on the "Bosnia" Indictment.
Trial ongoing - Defence case
Slobodan Milosevic (self-representation, see Judicial
Supplement No. 41) |
See
also case Milutinovic et al.
(IT-99-37) |
|
The Indictment "Kosovo"
Factual allegations:
The Second Amended Indictment, confirmed on 29 October 2001,
alleges that, between 1 January 1999 and 20 June 1999, forces of the
FRY and Serbia acting at the direction, with the encouragement, or
with the support of the Accused, executed a campaign of terror and
violence directed at Kosovo Albanian civilians.
It is alleged that the operations targeting the Kosovo Albanians were
undertaken with the objective of expelling a substantial portion of
the Kosovo Albanian population from Kosovo in an effort to ensure
continued Serbian control over the province. The Indictment goes on
to describe a series of well-planned and coordinated operations undertaken
by the forces of the FRY and Serbia.
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. Surviving residents
were sent to the borders of neighbouring countries. En route, many
were killed, abused and had their possessions and identification papers
stolen. Furthermore, specific massacres allegedly committed by Serb
forces in places such as Djakovica/Gjakovë, Suva Reka/Suharekë,
Racak/Reçak, Bela Crkva/Bellacërkë, Mala Krusa/Krusë
e Vogël, Velika Krusa/Krushë e Madhe, Padaliste/Padalishtë,
Izbica/Izbicë, Vucitrn/Vushtrri, Dubrava/Dubravë Prison
complex, Meja/Mejë and Kacanik/Kacanik are listed in the Indictment.
The Accused are charged by virtue of their positions, as follows:
Slobodan Milosevic as President of the FRY, Supreme Commander
of the VJ, President of the Supreme Defence Council and pursuant
to his de facto authority;
Milan Milutinovic as President of Serbia, member of the Supreme
Defence Council and pursuant to his de facto authority;
Dragoljub Ojdanic as Chief of General Staff of the VJ;
Nikola Sainovic as Deputy Prime Minister of Serbia;
Vlajko Stojiljkovic as Minister of Internal Affairs of Serbia.
Charges:
The Indictment charges Slobodan Milosevic, Milan Milutinovic,
Dragoljub Ojdanic, Nikola Sainovic and Vlajko Stojiljkovic on the
basis of individual criminal responsibility (Article 7(1) of the
Statute) and superior criminal responsibility (Article 7(3) thereof)
with:
 one count
of violations of the laws or customs of war (Article 3 - murder),
and
four counts
of crimes against humanity (Article 5 – deportation; murder;
persecutions on political, racial or religious grounds; other
inhumane acts)
The Indictment "Croatia"
Factual allegations:
The Second Amended Indictment was filed by the Prosecution on
26 July 2004 and ordered the operative Indictment by the Trial Chamber
on 28 July 2004. According to the Indictment, Slobodan Milosevic
participated in a “joint criminal enterprise” between
at least 1 August 1991 and June 1992. 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 “Dubrovnik Republic”.
It is alleged that, during the above period, Serb forces, comprised
of the Yugoslav People's Army ("JNA") units, local Territorial
Defence ("TO") units and TO units from Serbia and Montenegro,
local and Serbian Ministry of Internal Affairs ("MUP")
police 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. As a result, virtually the whole of the Croat and other
non-Serb civilian population were forcibly removed, deported or
killed in the "Serbian Autonomous District ("SAO")
Krajina", the "SAO Western Slavonia", and the "SAO
Slavonia, Baranja and Western Srem" regions.
Further, public and private property in all the relevant areas was
intentionally and wantonly destroyed and plundered, including homes,
religious, historical and cultural buildings.
According to the Indictment, during the relevant period, Slobodan
Milosevic was President of the Republic of Serbia and as such exercised
effective control or substantial influence over the participants
of the joint criminal enterprise and, either alone or acting in
concert with others, effectively controlled or substantially influenced
the actions of the Federal Presidency of the Socialist Republic
of Yugoslavia ("SFRY") and later the Federal Republic
of Yugoslavia ("FRY"), the Serbian MUP, the JNA, the Serb-run
TO staff in the relevant territories, and the Serb volunteer groups.
Charges:
The Indictment charges Slobodan Milosevic on the basis of
individual criminal responsibility (Article 7(1) of the Statute)
and superior criminal responsibility (Article 7(3) thereof) with:
nine
counts of grave breaches of the 1949 Geneva Conventions (Article
2 thereof - 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),
13 counts
of violations of the laws or customs of war (Article 3 thereof
- 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), and
10 counts
of crimes against humanity (Article 5 thereof - persecutions on
political, racial or religious grounds; extermination; murder;
imprisonment; torture; inhumane acts; deportation; inhumane acts
(forcible transfers)).
The Indictment "Bosnia and Herzegovina"
Factual allegations:
Individual Criminal Responsibility (Article 7(1) of the Statute)
According to the Amended Indictment filed on 22 November 2002 and
confirmed on 21 April 2004, from 1987 until late 2000, Slobodan
Milosevic was the dominant political figure in Serbia and the SFRY/FRY.
It is alleged that Slobodan Milosevic, acted alone and in the joint
criminal enterprise in the following ways:
(a) He exerted effective control over the elements of the Yugoslav
People's Army ("JNA") and the Yugoslav Army ("VJ")
which participated in the planning, preparation, facilitation
and execution of the forcible removal of the majority of non-Serbs,
principally Bosnian Muslims and Bosnian Croats, from large areas
of Bosnia and Herzegovina.
(b) He provided financial, logistical and political support to
the Bosnian Serb Army ("VRS"). These forces subsequently
participated in the execution of the joint criminal enterprise.
(c) He exercised substantial influence over and assisted the political
leadership of the "Republika Srpska" in the planning,
preparation, facilitation and execution of the take-over of municipalities
in Bosnia and Herzegovina and the subsequent forcible removal
of the majority of non-Serbs.
(d) He participated in the planning and preparation of the take-over
of municipalities in Bosnia and Herzegovina and the subsequent
forcible removal of the majority of non-Serbs. He provided the
financial, material and logistical support for such a take-over.
(e) He participated in the formation, financing, supply, support
and direction of special forces of the Republic of Serbia Ministry
of Internal Affairs ("MUP"). These special forces participated
in the execution of the joint criminal enterprise.
(f) He participated in providing financial, logistical and political
support and direction to Serbian irregular forces or paramilitaries.
These forces participated in the execution of the joint criminal
enterprise.
(g) He controlled, manipulated or otherwise utilised Serbian state-run
media to spread exaggerated and false messages of ethnically based
attacks by Bosnian Muslims and Croats against Serbs intended to
create an atmosphere of fear and hatred among Serbs living in
Serbia, Croatia and Bosnia and Herzegovina which contributed to
the forcible removal of the majority of non-Serbs.
Superior Criminal Responsibility (Article 7(3) of the Statute)
The Indictment further alleges that Slobodan Milosevic, while holding
positions of superior authority, is also responsible for the acts
and/or omissions of his subordinates, pursuant to Article 7(3) of
the Statute. A superior is responsible for the criminal acts of
his subordinates if he knew or had reason to know that his subordinates
were about to commit such acts or had done so, and the superior
failed to take the necessary and reasonable measures to prevent
such acts or punish the perpetrators.
According to the Indictment the Federal Presidency had effective
control over the JNA as its "Commander-in-Chief" and other
units under the supervision of the JNA. Generals Veljko Kadijevic
and Blagoje Adzic, who directed and supervised the JNA in Bosnia
and Herzegovina, were in constant communication and consultation
with the Accused.
On 27 April 1992, the Supreme Defence Council was formed. As a
member of the Supreme Defence Council and as President of the FRY,
Milosevic had de jure and de facto control over the
JNA and later the VJ.
The Indictment also alleges that Milosevic exercised control over
key figures in the Serbian MUP as well as in the State Security
(Drzavna bezbednost, DB). The MUP and the DB directed the
actions of the special forces and Serb paramilitary groups operating
in Bosnia and Herzegovina.
Charges:
The Indictment charges Slobodan Milosevic on the basis
of individual criminal responsibility (Article 7(1) of the Statute)
and superior criminal responsibility (Article 7(3) thereof) with:
Two counts
of genocide and complicity in genocide under Article 4 of the
Statute;
Ten counts
of crimes against humanity involving persecution, extermination,
murder, imprisonment, torture, deportation and inhumane acts (forcible
transfers) under Article 5 of the Statute;
Eight
counts of grave breaches of the Geneva Conventions of 1949 involving
wilful killing, unlawful confinement, torture, wilfully causing
great suffering, unlawful deportation or transfer, and extensive
destruction and appropriation of property under Article 2 of the
Statute, and;
Nine counts
of violations of the laws or customs of war involving inter
alia attacks on civilians, unlawful destruction, plunder of
property and cruel treatment under Article 3 of the Statute.
The Proceedings
Amicus curiae:
On 30 August (for the Kosovo case), 30 October (for the
Croatia case) and 23 November 2001 (for the Bosnia case), the Trial
Chamber issued orders inviting the Registrar to designate counsel
to appear before it in the three cases as amicus curiae considering
that it is "desirable and in the interests of securing a
fair trial", that an amicus curiae be appointed
as permitted by Rule 74 of the Rules of Procedure and Evidence,
"not to represent the accused but to assist in the proper
determination of the case". The amicus curiae are
to assist the Trial Chamber by:
1) Making any submissions properly open to the accused by way
of preliminary or other pre-trial motion;
2) Making any submissions or objections to evidence properly open
to the accused during the trial proceedings and cross-examining
witnesses as appropriate;
3) Drawing to the attention of the Trial Chamber any exculpatory
or mitigating evidence; and
4) Acting in any other way which designated counsel considers
appropriate in order to secure a fair trial.
On 6 September, 7 November and 27 November 2001, the Registrar
of the Tribunal, Mr. Hans Holthuis, appointed Mr. Steven Kay QC,
Mr. Branislav Tapuskovic and Prof. Michail Wladimiroff to act as
amici curiae in the three cases.
On 10 October 2002, the Trial Chamber instructed the Registrar to
revoke the designation of Prof. Michail Wladimiroff as amicus curiae.
On 22 November 2002, it designated Mr. Timothy McCormack to act
as amicus curiae.
On 27 June 2003, the Trial Chamber ordered that the appointment
of Branislav Tapu{kovi} as an Amicus Curiae was to end at the conclusion
of the Prosecution case. The appointment of Mr. Steven Kay as Amicus
Curiae continued and Ms. Gillian Higgins was appointed as Amicus
Curiae effective on the start of the Defence case.
Joinder:
On 1 February 2002, the Appeals Chamber ordered that the three
Indictments concerning Kosovo, Croatia and Bosnia and Herzegovina
be tried together in one single trial.
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. It rested its case on 25 February
2004. The Defence case commenced on 31 August 2004 (see Press Release
No. 870).
On 12 April 2004, the Secretary-General of the United Nations,
Mr. Kofi Annan, signed an order appointing Lord Bonomy as a Judge
of the International Criminal Tribunal for the former Yugoslavia.
Lord Bonomy, whose appointment is effective as of 1 June 2004, replaces
Richard May who retired due to ill-health (see Press Release No.
838).
Trial Chamber III:
Judge Patrick Robinson (Presiding), Jamaica
Judge O-Gon Kwon, South Korea
Judge Iain Bonomy, United Kingdom
Counsel for the Prosecutor :
Geoffrey Nice
Hildegard Uertz-Retzlaff
Dermot Groome
Dirk Ryneveld
Counsel for the Defence:
Steven Kay
Gillian Higgins
Amicusi Curiae:
Timothy McCormack
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