TABLE OF CONTENTS

I. INTRODUCTION

II. APPLICABLE STANDARD UNDER RULE 98 BIS OF THE RULES

A. Submissions of the parties
B. Discussion

III. ISSUES RAISED IN MOTIONS FOR ACQUITTAL

A. Preliminary questions of law

1. Conditions for applicability of Article 3 of the Statute
2. Factual findings on the nexus between the hostilities and the existence of an armed conflict

B. Crimes against persons – violations of the laws or customs of war

1. Count 1: Murders in Dusina, Miletici and Maline

(a) Applicable law

(i) Submissions of the parties
(ii) Discussion

(b) Examination of the motions in respect of Count 1, murders in Dusina, Miletici and Maline

(i) Submissions of the parties
(ii) Discussion

a. Dusina
b. Miletici
c. Maline

2. Count 2: Cruel treatment in Dusina, Miletici and Maline

(a) Applicable law

(i) Submissions of the parties
(ii) Discussion

(b) Examination of the motions in respect of Count 2, cruel treatment in Dusina, Miletici and Maline

(i) Submissions of the parties
(ii) Discussion

a. Dusina and Miletici
b. Maline

3. Count 3: Murders in the municipalities of Zenica, Travnik and Bugojno

(a) Applicable law
(b) Examination of the motions in respect of Count 3, murders in the municipalities of Zenica, Travnik and Bugojno

(i) Village of Orasac (municipality of Travnik)

a. Submissions of the parties
b. Discussion

(ii) Municipality of Bugojno

a. Submissions of the parties
b. Discussion

(iii) Municipality of Zenica and the town of Travnik

4. Count 4: Cruel treatment in the municipalities of Zenica, Travnik, Kakanj and Bugojno

(a) Applicable law
(b) Examination of the motions in respect of cruel treatment in the municipalities of Zenica, Travnik, Kakanj and Bugojno

(i) Municipality of Zenica (Zenica Music School)

a. Submissions of the parties
b. Discussion

(ii) Town of Travnik (Former JNA Barracks)

a. Submissions of the parties
b. Discussion

(iii) Mehurici Village (Elementary School and Blacksmith Shop)

a. Submissions of the parties
b. Discussion

(iv) Orasac village (camp)

a. Submissions of the parties
b. Discussion

(v) Kakanj Municipality (Motel Sretno)

a. Submissions of the parties
b. Discussion

(vi) Bugojno municipality (Gimnazija School Building, Convent Building, Slavonija Furniture Salon, FC Iskra Stadium, Vojin Paleksic Elementary School, Bank of BH)

a. Submissions of the parties
b. Discussion

C. Crimes directed against property – violations of the laws or customs of war

1. Count 5: Wanton destruction of cities, towns or villages not justified by military necessity in the municipalities of Zenica, Travnik and Vares

(a) Applicable Law

(i) Submissions of the parties
(ii) Discussion

(b) Examination of the motions in respect of Count 5: wanton destruction of cities , towns or villages, not justified by military necessity in the municipalities of Zenica, Travnik, and Vares

(i) Submissions of the parties
(ii) Discussion

a. Dusina
b. Miletici
c. Guca Gora
d. Maline
e. Cukle
f. Susanj/Ovnak/Brajkovic/Grahovcici
g. Vares

2. Count 6: plunder of public or private property in the municipalities of Zenica , Travnik and Vares

(a) Applicable Law

(i) Submissions of the parties
(ii) Discussion

(b) Examination of the motions in respect of Count 6: plunder of public or private property in the municipalities of Zenica, Travnik and Vares

(i) Submissions of the parties
(ii) Discussion

a. Dusina
b. Miletici
c. Guca Gora
d. Maline
e. Cukle
f. Susanj/Ovnak/Brajkovici/Grahovcici
g. Vares

3. Count 7: Destruction or wilful damage of institutions dedicated to religion in the municipality of Travnik

(a) Applicable Law

(i) Submissions of the parties
(ii) Discussion

(b) Examination of the motions in respect of Count 7: destruction or wilful damage of institutions dedicated to religion in the municipality of Travnik

(i) Submissions of the parties
(ii) Discussion

a. Guca Gora
b. Travnik

D. Criminal responsibility of the Accused under Article 7(3) of Statute

1. Applicable law

(a) Submissions of the parties
(b) Discussion

2. Examination of the motions in respect of command responsibility pursuant to Article 7(3) of the Statute

(a) Submissions of the parties
(b) Discussion

E. Conclusion

IV. DISPOSITION