MILUTINOVIC et al. (IT-99-37) Case Information Sheet 17 February 2005
The Accused
  Milan MILUTINOVIC,
born 19 December 1942 in Belgrade, Serbia, FRY

Transferred to ICTY: 20 January 2003
Initial Appearance: 27 January 2003, pleaded “not guilty” to all counts
Pre-trial stage

Nikola SAINOVIC,
born 7 December 1948 in Bor, Serbia, FRY

Transferred to ICTY: 2 May 2002
Initial Appearance: 3 May 2002, pleaded “not guilty” to all counts
Pre-trial stage

  Dragoljub OJDANIC,
born 1 June 1941 in Ravni, Serbia, FRY

Transferred to ICTY: 25 April 2002
Initial Appearance: 26 April 2002, pleaded “not guilty” to all counts
Pre-trial stage

  Vlajko STOJILJKOVIC,
born in 1937 in Mala Krsna, Serbia, FRY

Deceased: 13 April 2002

  See also the Milosevic case (IT-02-54)
The Indictment "Kosovo"
Factual allegations:
The Third Amended Indictment, confirmed by a Decision of Trial Chamber III on 5 September 2002, alleges that, following the commencement of a joint criminal enterprise, beginning on or about 1 January 1999 and continuing until 20 June 1999, Slobodan Milosevic, Milan Milutinovic, Nikola Sainovic, Dragoljub Ojdanic, Vlajko Stojiljkovic and others planned, instigated, ordered, committed or otherwise aided and abetted in a deliberate and widespread or systematic campaign of terror and violence directed at Kosovo Albanian civilians living in Kosovo in the Federal Republic of Yugoslavia ("FRY"). Forces of the FRY and Serbia, in a deliberate and widespread or systematic manner, forcibly expelled and internally displaced hundreds of thousands of Kosovo Albanians from their homes across the entire province of Kosovo. It is further alleged that forces of the FRY and Serbia committed widespread or systematic acts of brutality and violence and destruction of property against Kosovo Albanian civilians in order to perpetuate a climate of fear, create chaos and a pervading fear for life.

According to the Indictment, approximately 800,000 Kosovo Albanian civilians were deported. Furthermore, specific massacres allegedly committed by Serb forces in places such as Dakovica/Gjakovë, Suva Reka/Suharekë, Racak/Reçak, Bela Crkva/Bellacërke, Mala Krusa/Krushë e Vogël, Velika Krusa/Krushë e Madhë, Padaliste/Padalishtë, Izbica/Izbicë, Vucitrn/Vushtrri, Dubrava/Dubravë Prison complex, Meja/Mejë and Kacanik/Kacanik are listed in the Indictment.

The three co-Accused are charged by virtue of their positions, as follows:
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 Yugoslav Army ("VJ");
Nikola Sainovic as Deputy Prime Minister of the FRY;

The Second Amended Indictment also charged:
Vlajko Stojiljkovic as Minister of Internal Affairs of Serbia. Stojiljkovic died on 13 April 2002.
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. Milosevic is now charged in a separate Indictment (see IT-02-54);

Charges:
The Indictment charges Milan Milutinovic, Dragoljub Ojdanic and Nikola Sainovic on the basis of their individual criminal responsibility (Article 7(1) of the Statute) and of their superior criminal responsibility (Article 7(3) of the Statute) with:

Four counts of crimes against humanity (Article 5 of the Statute - deportation; other inhumane acts (forced transfer); murder; persecutions on political, racial or religious grounds), and
One count of violations of the laws or customs of war (Article 3 of the Statute - murder)

Trial Chamber III
Judge Patrick Robinson (Presiding), Jamaica
Judge O-Gon Kwon, South Korea
Judge Iain Bonomy, United Kingdom

Counsel for the Prosecution:
Geoffrey Nice
Cristina Romano

Counsel for the Defence:
For Milan Milutinovic:
O’Sullivan
Slobodan Zecevic
For Nikola Sainovic:
Toma Fila
Zoran Jovanovic
Goran Petrovic
For Dragoljub Ojdanic:
Tomislav Visnjic
Vojislav Selzan
Peter Robinson