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Ratko Mladic was originally indicted together with Radovan Karadzic
The Amended Indictment
The Amended Indictment was confirmed on 8 November 2002. On 11 October
2002, the Prosecutor requested leave to amend the two outstanding
Indictments against Ratko Mladic and sought confirmation of the
Amended Indictment. These submissions were assigned to Judge Orie
for consideration.
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.
Factual Allegations:
The Amended Indictment alleges that Ratko Mladic was posted to Knin
as Commander of the 9th Corps of the Yugoslav People's Army ("JNA"),
during fighting between the JNA and Croatian forces. On 4 October
1991, he was promoted to General Major by the President of the Socialist
Federal Republic of Yugoslavia ("SFRY"). On 24 April 1992,
Ratko Mladic was promoted to the rank of General Lieutenant, and on
25 April 1992, he was assigned to the post of Chief of Staff/Deputy
Commander of the Second Military District Headquarters of the JNA
in Sarajevo. He assumed that post on 9 May 1992. On 10 May 1992, Ratko
Mladic assumed the command of the Second Military District Headquarters
of the JNA.
The Indictment further alleges that on 12 May 1992, Ratko Mladic
was appointed Commander of the Main Staff of the Bosnian Serb Army
("VRS"), a position he held until at least 22 December
1996. On 24 June 1994, Ratko Mladic was promoted to the rank of
General Colonel.
It is alleged that from May 1992, Ratko Mladic used shelling and
sniping to target civilian areas of the city of Sarajevo and its
civilian population and institutions, killing and wounding civilians,
and thereby also inflicting terror upon the civilian population.
It is further alleged that Bosnian Serb forces under the command
and control of General Mladic took control of the municipalities
in the Bosanski Krajina and in eastern Bosnia. Thousands of non-Serbs
were deported or forcibly transferred from these municipalities
and many were killed or held in detention facilities.
According to the Indictment, from January to March 1993, Bosnian
Serb Forces under the command and control of General Mladic attacked
the Cerska area in eastern Bosnia and Herzegovina ("BiH").
Thousands of Muslims fled to BiH government controlled territory
including Srebrenica and Zepa. Thereafter, Bosnian Serb forces under
the command and control of General Mladic began to focus particular
attention on capturing the strategically located Srebrenica enclave
and expelling the Bosnian Muslim population that had fled there
in the wake of the 1992 and 1993 "ethnic cleansing" campaigns
in eastern BiH. The Indictment alleges that over 7,000 Bosnian Muslim
prisoners captured in the area around Srebrenica were summarily
executed from 13 July to 19 July 1995. From about 1 August 1995
through about 1 November 1995, VRS units under the command and control
of General Mladic participated in an organised and comprehensive
effort to conceal the killings and executions of the Bosnian Muslims
of Srebrenica by reburying, in isolated locations, bodies exhumed
from mass graves.
The Charges:
The Amended Indictment charges Ratko Mladic on the basis of his
individual criminal responsibility (Article 7(1) of the Statute)
and his superior criminal responsibility (Article 7(3) of the Statute)
with:
Two counts
of genocide (Article 4 of the Statute – genocide, complicity
in genocide),
Seven
counts of crimes against humanity (Article 5 of the Statute –
persecutions on political, racial and religious grounds, extermination,
murder, deportation, inhumane acts (forcible transfer), inhumane
acts), and
Six counts
of violations of the laws or customs of war (Article 3 of the
Statute – murder, unlawfully inflicting terror upon civilians,
cruel treatment, attacks on civilians, taking hostages).
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