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 |