The Prosecutor of the International Criminal Tribunal for the former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the Tribunal, charges:

1. ZDRAVKO TOLIMIR, son of Stanko, was born on 27 November 1948 in the Glamoc Municipality, Bosnia and Hercegovina.
2. RADIVOJE MILETIC, son of Mitar, was born on 6 December 1947 in Stovic, Foca Municipality, Bosnia and Hercegovina.
3. MILAN GVERO, son of Dorde, was born on 4 December 1937 in Mrkonjinic Grad, Mrkonjinic Grad Municipality, Bosnia and Hercegovina.
4. VINKO PANDUREVIC, son of Jovan, was born on 25 June 1959 in Jasik, Sokolac Municipality, Bosnia and Hercegovina.
5. LJUBISA BEARA, son of Jovan, was born on 14 July 1939 in Sarajevo, Sarajevo Municipality, Bosnia and Hercegovina.
6. VUJADIN POPOVIC, son of Vicentije, was born on 14 March 1957 in Popovici, Sekovici Municipality, Bosnia and Hercegovina.
7. DRAGO NIKOLIC, son of Predrag, was born on 9 November 1957 in Brana Bacic, Bratunac Municipality, Bosnia and Hercegovina.
8. MILORAD TRBIC, son of Mihajlo was born on 22 February 1958 in Ponijevo, in Zenica Municipality, Bosnia and Hercegovina.
9. LJUBOMIR BOROVCANIN, son of Milorad, was born on 27 February 1960 in Han Pijesak, Han Pijesak Municipality, Bosnia and Hercegovina.

SUPERIOR AUTHORITY / POSITION OF THE ACCUSED

ZDRAVKO TOLIMIR

10. During the time period relevant to the events described in this Indictment, ZDRAVKO TOLIMIR was the Assistant Commander for Intelligence and Security of the Main Staff of the VRS. In this position, ZDRAVKO TOLIMIR was one of seven Assistant Commanders who reported directly to the Commander of the Main Staff, General Ratko Mladic. ZDRAVKO TOLIMIR was in charge of the Intelligence and Security branches of the VRS and in this capacity, inter alia, supervised the work of the 10^th Sabotage Detachment of the VRS and the 65^th Protection Regiment of the VRS.

RADIVOJE MILETIC

11. During the time period relevant to the events described in this Indictment, RADIVOJE MILETIC was Chief of Operations and Training and Deputy Chief of Staff and was Standing in for the Chief of Staff, of the Main Staff of the VRS. As standing in for the Chief of Staff, he acted as principal adviser to the Commander and inter alia, was the primary facilitator through which the Commander’s intent, orders and directives were organised and processed for execution by the Staff and subordinate units.

MILAN GVERO

12. During the time period relevant to the events described in this Indictment, MILAN GVERO was the Assistant Commander for Morale, Legal and Religious Affairs of the Main Staff of the VRS. In this position, MILAN GVERO was one of seven Assistant Commanders who reported directly to the Commander of the Main Staff, General Ratko Mladic.

VINKO PANDUREVIC

13. During the time period relevant to the events described in this Indictment, VINKO PANDUREVIC, was a Lt. Colonel in command of the Zvornik Brigade of the Drina Corps of the VRS. As a brigade commander he was, inter alia, responsible for planning and directing the activities of all the subordinate formations of his brigade, in accordance with the directives received from his higher command.

LJUBISA BEARA

14. During the time period relevant to the events described in this Indictment, LJUBISA BEARA was a Colonel and was the Chief of Security of the Main Staff of the VRS. As Chief of Security he reported to his superior, ZDRAVKO TOLIMIR. As part of his job he was, inter alia responsible for managing the Main Staff units of the Military Police, including the 65^th Protection Regiment and proposing ways to utilise the Military Police. He was also responsible, in general, for co-ordinating with the bodies of the MUP (Ministry of the Interior) in the six VRS Corps zones of responsibility

VUJADIN POPOVIC

15. During the time period relevant to the events described in this Indictment, VUJADIN POPOVIC was a Lieutenant Colonel and was the Assistant Commander of Security on the staff of the Drina Corps. As Assistant Commander of Security for the Drina Corps, he reported to his commander, the Commander of the Drina Corps. He was, iner alia, responsible for managing the units of the Drina Corps Military Police, and proposing ways to utilise those units. He was also responsible, in general, for co-ordinating with the bodies of the MUP in the Drina Corps zone of responsibility

DRAGO NIKOLIC

16. During the time period relevant to the events described in this Indictment, DRAGO NIKOLIC was a 2^nd Lieutenant and served as Chief of Security for the Zvornik Brigade. As Chief of Security DRAGO NIKOLIC reported to his commander VINKO PANDUREVIC. He was, inter alia, responsible for managing the brigade Military Police Company and proposing ways to utilise the Military Police. He was also responsible, in general, for co-ordinating with the bodies of the MUP (Ministry of the Interior) within the brigade zone of responsibility.

MILORAD TRBIC

17. During the time period relevant to the events described in this Indictment MILORAD TRBIC was an assistant to and directly reported to Lieutenant Drago Nikolic, the Chief of Security of the Zvornik Brigade. MILORAD TRBIC held the official rank of Captain. As an assistant to Lieutenant Drago Nikolic, MILORAD TRBIC was responsible, inter alia, for helping Drago Nikolic in managing the Military Police Company.

LJUBOMIR BOROVCANIN

18. During the time period relevant to the events described in this Indictment LJUBOMIR BOROVCANIN was Deputy Commander of the Republika Srpska Ministry of Interior (MUP) Special Police Brigade (SPB). On 10 July 1995, he was appointed Commander of a joint force of MUP units and was ordered to report to Bratunac to Radislav Krstic, then Chief of Staff of the Drina Corps of the Army of Republika Srpska (VRS). As the commander of the joint MUP forces, he was, inter alia, responsible for planning and directing the activities of all the subordinate formations under his command, in accordance with the directives received from his higher command.

BACKGROUND

19. On 12 May 1992, Momcilo Krajisnik, President of the RS National Assembly executed the following "DECISION ON STRATEGIC OBJECTIVES OF THE SERBIAN PEOPLE IN BOSNIA AND HERZEGOVINA," which was published in the Official Gazette of the Republika Srpska on 26 November 1993:

"The strategic objectives or priorities of the Serbian people in Bosnia and Herzegovina are to:

in relevant part

Establish State borders separating the Serbian people from the other two ethnic communities.

Establish a corridor in the Drina River valley, that is, eliminate the Drina as a border separating Serbian States.

20. After armed conflict erupted in the Republic of Bosnia and Herzegovina (BiH) in the spring of 1992, Bosnian Serb military and paramilitary forces attacked and occupied cities, towns, and villages, including Bijeljina and Zvornik, in the eastern part of the country and participated in an ethnic cleansing campaign that resulted in an exodus of Bosnian Muslim civilians to enclaves in Srebrenica, Gorazde, and Zepa.
21. On 19 November 1992, General Ratko Mladic issued Operational Directive 04. This Directive ordered the Drina Corps, one of the five VRS army corps, to "inflict the heaviest possible losses on the enemy, and force him to leave the Eastern Bosnia areas of Birac, Zepa and Gorazde areas together with the Bosnian Muslim population.
22. On 16 April 1993, the Security Council of the United Nations, acting pursuant to Chapter VII of its Charter, adopted Resolution 819, in which it demanded that all parties to the conflict in the Republic of Bosnia and Herzegovina treat Srebrenica and its surroundings as a "safe area," which was to be free from any armed attack or any other hostile act. On 6 May 1993, the Security Council adopted Resolution 824, which declared Srebrenica and Zepa "safe areas."
23. On 4 July 1994, Lieutenant Colonel Slavko Ognjenovic, then Commander of the Bratunac Brigade of the Drina Corps, issued a report to all members of the Bratunac Brigade stating in relevant part: "We must continue to arm, train, discipline, and prepare the RS Army for the execution of this crucial task — the expulsion of Muslims from the Srebrenica enclave. There will be no retreat when it comes to the Srebrenica enclave, we must advance. The enemy’s life has to be made unbearable and their temporary stay in the enclave impossible so that they leave the enclave en masse as soon as possible, realising that they cannot survive there."
24. On 8 March 1995 President Radovan Karadzic set out in Directive 7 the order to remove the Muslim population for the Srebrenica and Zepa enclaves. On 11 and 12 July 1995 the Srebrenica enclave was taken over by VRS and MUP troops and the plan to remove the Muslim population from Srebrenica was implemented, along with the plan to murder all the able bodied men of Srebrenica.
25. By November 1, 1995 the entire Muslim population had been either removed or fled from Srebrenica and Zepa and over 7000 Muslim men and boys from Srebrenica had been murdered by VRS and MUP forces.

By their acts and omissions described in the paragraphs below, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN committed:

26. Between 11 July 1995 and 1 November 1995, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN with intent to destroy a part of the Bosnian Muslim people as a national, ethnical, or religious group:

    1. killed members of the group by summary execution, including both planned and opportunistic summary executions, as described in this Indictment; and,

    2. caused serious bodily or mental harm to both female and male members of the Bosnian Muslim populations of Srebrenica and Zepa, including but not limited to the separation of able bodied men from their families and the forced movement of the population from their homes to areas outside the RS.

The Operation to Murder the Able Bodied Muslim Men

27. On the evening hours of 11 July and morning of 12 July, at the same time the plan to forcibly transport the Muslim population from Potocari was developed, Ratko Mladic and members of his staff developed a plan to murder the hundreds of able bodied men identified from the crowd of Muslims in Potocari. LJUBISA BEARA, Chief of the Main Staff Security Organ, was given authority for organising, co-ordinating and facilitating the detention, transportation, summary execution and burial of the Muslim victims. LJUBISA BEARA was supervised in this task by ZDRAVKO TOLIMIR, Assistant Commander for Security and Intelligence, Main Staff. LJUBISA BEARA was assisted in these tasks by the respective Corps and Brigade security officers involved in these events namely, VUJADIN POPOVIC, Drina Corps, Chief of Security, Momir Nikolic, Bratunac Brigade Chief of Security, DRAGO NIKOLIC, Zvornik Brigade Chief of Security and MILORAD TRBIC, security officer of the Zvornik Brigade. The above-named security officers relied upon commanders Ratko Mladic, Radislav Krstic, VINKO PANDUREVIC, LJUBOMIR BOROVCANIN, Vidoje Blagojevic and others, for the men, materials, directions and orders, to carry out the murder operation.

28. The plan to murder the able bodied men of Srebrenica began on the afternoon of 12 July with the forcible separation of the able bodied men in Potocari from their families. From the afternoon of 12 July through the entire day of 13 July over 1000 Muslim able bodied men were separated from their friends and families and transported to Bratunac and held temporarily in buildings and vehicles through 14 and 15 July.

29. On the morning of 13 July and continuing all that day, over 6000 able-bodied Muslim men surrendered to or were captured by Bosnian Serb forces stationed along the road between Bratunac, Konjevic Polje and Milici. The majority of those prisoners were transported to Bratunac or Kravica where they were temporarily detained in buildings and vehicles, along with the Muslim men who had been separated in Potocari.

30. The large scale systematic murder of Muslim men from Srebrenica began on the morning of 13 July at approximately 11:00 hours and continued through July 1995 as set forth in specific detail below, including but not limited to the following:.

30.1 Bratunac Brigade HQ: On 13 July 1995, six Bosnian Muslim men from Srebrenica were captured by MUP forces, turned over to and interrogated by security personnel from the Bratunac Brigade at the Bratunac Brigade Headquarters. They were then placed among the other Muslim prisoners in Bratunac, and thereafter summarily executed by unknown persons. The identification details for these six Bosnian Muslim men are as follows:

1. Zazif AVDIC, son of Ramo, date of birth: 15 September 1954.

2. Munib DEDIC, son of Emin, date of birth: 26 April 1956.

3. Aziz HUSIC, son of Osman, date of birth: 08 April 1966.

4. Resid SINANOVIC, son of Rahman, date of birth: 15 October 1949.

5. Mujo HUSIC, son of Osman, date of birth: 27 August 1961.

6. Hasib IBISEVIC, son of Ibrahim, date of birth: 27 February 1964.

30.2 Jadar River: At approximately 1100 hours on 13 July 1995, working with individuals and units of the VRS and/or MUP, a small squad of soldiers consisting of at least one Bratunac police officer (Bratunac MUP) captured approximately 16 Bosnian Muslim men from the column of men retreating from the Srebrenica enclave, transported them from Konjevic Polje to an isolated area on the bank of the Jadar River, and summarily executed 15 of them. One individual was wounded and managed to escape.

30.3 Cerska Valley: On 13 July 1995, in the early afternoon hours, VRS and/or MUP soldiers transported about 150 Bosnian Muslim men to an area along a dirt road in the Cerska Valley about three (3) kilometres from Konjevic Polje, summarily executed them and, using heavy equipment, covered them with dirt.

30.4 Kravica Warehouse: On 13 July 1995, MUP Special Police Forces under the command and control of LJUBOMIR BOROVCANIN captured hundreds of Muslim men from Srebrenica and placed them in an agricultural warehouse in the village of Kravica and guarded them there. In the early evening hours, VRS and/or MUP Special Police Forces summarily executed over 1000 Bosnian Muslim men detained in a large warehouse in the village of Kravica. The soldiers used automatic weapons, hand grenades, and other weaponry to kill the Bosnian Muslims inside the warehouse. On 14 July 1995, heavy equipment arrived and removed the victims’ bodies to two large mass graves located in the nearby villages of Glogova and Ravnice.

30.5 Luke School near Tisca: Throughout the day on 13 July 1995, VRS and/or MUP soldiers transported Bosnian Muslim women and children who had been separated from male members of their families in Potocari to an area near the Luke School near Tisca village. VRS soldiers from the Vlasenica Brigade of the Drina Corps identified and separated some remaining Bosnian Muslim men and boys and some of the Bosnian Muslim women from this group at Luke School, while the rest of the group was forcibly transferred to Bosnian Muslim territory. Throughout the day on 13 July 1995, VRS soldiers forced the selected Bosnian Muslim men and women to walk to the nearby school, where they were abused and assaulted. On or about the evening of 13 July 1995 and the day of 14 July 1995, VRS and/or MUP soldiers loaded 25 Bosnian Muslim men from the school onto a truck, drove them to an isolated pasture nearby, and summarily executed them with automatic weapons.

30.6 Orahovac (near Lazete): In the late evening hours of 13 July and during the day of 14 July 1995, DRAGO NIKOLIC and MILORARD TRBIC, working together with, personnel from the Military Police Company of the Zvornik Brigade and Military Police Platoon of the Bratunac Brigade, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA and under orders from their superior command, including Deputy Commander of the Zvornik Brigade, Dragan Obrenovic, organised and facilitated the transportation of hundreds of Bosnian Muslim males from in and around Bratunac to the school in Orahovac, with knowledge that those prisoners were to be collected and summarily executed. On 14 July 1995, VRS personnel, including members of the Military Police Company of the Zvornik Brigade, guarded and blindfolded the Bosnian Muslim males detained at the Grbavci School. MILORAD TRBIC was present at the school in Orahovac and personally supervised the Zvornik Brigade Military Police in the guarding of the Muslims at the school. In the late morning to early afternoon Zvornik Brigade Military Police officers, with the knowledge and authorization of MILORAD TRBIC, removed at least two Muslim prisoners and summarily executed them by automatic rifle fire. In the early afternoon of 14 July 1995, Zvornik Brigade personnel under the supervision of MILORAD TRBIC transported these Bosnian Muslim males from the school at Orahovac to a nearby field, where personnel, including members of the 4^th Battalion of the Zvornik Brigade, ordered the prisoners off the trucks and summarily executed them with automatic weapons. MILORAD TRBIC personally executed several of the Muslim victims at the execution field. Approximately 1000 Bosnian Muslim males were killed. On 14 and 15 July 1995, members of the Zvornik Brigade Engineering Company, used heavy equipment to bury the victims in mass graves at the execution site, while the executions continued. On the evening of 14 July, lights from the engineering machinery illuminated the execution and burial sites during the executions. At all times on 14 July in Orahovac, DRAGO NIKOLIC, MILORAD TRBIC, and all other Zvornik Brigade personnel were under the command and control of their commander VINKO PANDUREVIC.

30.7 The Petkovci School: On 14 July 1995, VRS and/or MUP personnel, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA, transported approximately 1000 Bosnian Muslim males from detention sites in and around Bratunac. On 14 July and during the early morning hours of 15 July 1995, VRS and/or MUP personnel struck, beat, assaulted, and shot with automatic weapons Bosnian Muslim males detained at the school. The Petkovci School was located in the zone of responsibility of the Zvornik Brigade.

30.8 The "Dam" near Petkovci: On or about the evening of 14 July 1995 and the early morning hours of 15 July 1995, VRS personnel from the Zvornik Brigade, under the command and control of VINKO PANDUREVIC, including drivers and trucks from the 6^th Infantry Battalion, transported the surviving members of the group of approximately 1000 Bosnian Muslim males from the school at Petkovci to an area below the Dam near Petkovci. VRS or MUP soldiers assembled them below the Dam and summarily executed them with automatic weapons. In the morning of 15 July 1995, working together with other individuals and units, VRS personnel from the Engineering Company of the Zvornik Brigade used excavators and other heavy equipment to bury the victims while the executions continued.

30.9 Kula School near Pilica: On or about 14 and 15 July 1995, VRS and/or MUP personnel, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA, transported approximately 1200 Bosnian Muslim males from detention sites in Bratunac to the school at the village of Kula near Pilica. On or about 14 and 15 July 1995, VRS military personnel with automatic weapons summarily executed many of the Bosnian Muslim males who were being detained at the school. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade, under the command and control of VINKO PANDUREVIC, retrieved the bodies of the victims from the Kula School and transported them to the Branjevo Military Farm. On 17 July 1995, the Engineering Company of the Zvornik Brigade, under the command and control of VINKO PANDUREVIC, buried the victims of the Kula School executions in a mass grave at the Branjevo Military Farm.

30.10 Kozluk: On 15 July 1995, working together with other individuals and units, VRS and/or MUP personnel, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA, transported to an isolated place near Kozluk, in the Zvornik Brigade zone of responsibility, and summarily executed with automatic weapons about 500 Bosnian Muslim males who had been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 16 July 1995, working together with other individuals and units, VRS soldiers from the Engineering Company of the Zvornik Brigade, under the command and control of VINKO PANDUREVIC buried the victims of the executions in a mass grave nearby.

30.11 Branjevo Military Farm: On the morning of 16 July 1995, VRS personnel, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA, transported from the Kula school by bus to the Branjevo Military Farm the remaining members of the group of approximately 1200 Bosnian Muslim males who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. After the Bosnian Muslim males arrived at the Branjevo Military Farm, members of the 10^th Sabotage Detachment working together with other unknown soldiers, summarily executed them by automatic weapon fire. On 17 July 1995, VRS personnel from the Engineering Company of the Zvornik Brigade, under the command of VINKO PANDUREVIC buried hundreds of victims in a nearby mass grave.

30.12 Pilica Cultural Centre: On 16 July 1995, VRS personnel who had participated in the executions at the Branjevo Farm travelled a short distance to the village of Pilica and worked with other VRS and/or MUP personnel, under the supervision of VUJADIN POPOVIC and LJUBISA BEARA, in summarily executing, with automatic weapons, approximately 500 men inside the Pilica Cultural Centre who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade, under the command and control of VINKO PANDUREVIC retrieved the bodies of the victims from the Pilica Cultural Centre and transported them to the Branjevo Military Farm. On 17 July 1995, the Engineering Company of the Zvornik Brigade buried the victims of the Pilica School executions in a mass grave at the Branjevo Military Farm.

30.13 Executions near Nezuk: On 19 July 1995, VRS personnel from the 16^th Brigade of the 1^st Krajina Corps, re-subordinated to the command of the Zvornik Brigade, under the command of VINKO PANDUREVIC captured approximately 10 Bosnian Muslim males from Srebrenica near the town of Nezuk. Shortly after their capture the victims were summarily executed by their captors.

30.14 Execution of 4 Branjevo Farm Survivors: On or about 19 July 1995, four Bosnian Muslim men who had survived the Branjevo Farm execution were captured from the column by VRS and/or MUP forces in the Zvornik Brigade zone of responsibility and turned over to Zvornik Brigade Security personnel under the supervision of DRAGO NIKOLIC. The four Muslims were interrogated on 22 July 1995 by Zvornik Brigade personnel regarding assistance they had received from Zvornik Brigade soldiers after their escape for the Branjevo Farm executions. The Muslims were kept in custody for a few days and were then summarily executed by Zvornik Brigade personnel. These summary executions were carried out and with the knowledge and authorization of VINKO PANDUREVIC and with the knowledge and assistance of DRAGO NIKOLIC. The Muslim victims were identified as:

(1) Sakib KIVIRIC, son of Salko, date of birth: 24 June 1964;

(2) Emin MUSTAFIC, son of Rifet, date of birth: 7 October 1969;

(3) Fuad DJOZIC, son of Senusija, date of birth: 2 May 1965; and,

(4) Almir HALILOVIC, son of Suljo, date of birth: 25 August 1980.

30.15 Execution of injured Muslims from the Milici Hospital: On approximately 13 July 19 Muslim men from Srebrenica were wounded as they tried to escape from the Srebrenica enclave. These men surrendered or were captured on about 13 or 14 July and were admitted to the Milici hospital and treated. On about 14 July 11 of the wounded Muslim prisoners from Srebrenica were transferred from the Milici hospital to the Zvornik Hospital on orders from the Main Staff. A few days later those Muslim prisoners were transferred from the Zvornik Hospital to the infirmary of the Zvornik Brigade. On or shortly after 20 July 1995 those 11 Muslim men were removed from the Zvornik Brigade Headquarters and summarily executed by the VRS. The removal of those prisoners and summary executions was done with the knowledge and under the authority of VINKO PANDUREVIC and knowledge and assistance of VUJADIN POPOVIC and DRAGO NIKOLIC. The victims were identified as:

1. Aziz BECIROVIC, son of Nezir, born 16 September 1973 in Opetci, Srebrenica Municipality;

2. Mensur SALKIC, son of Sukrija, born 25 December 1970 in Osati, Srebrenica Municipality;

3. Behaija KURTIC, son of Ahmet, born 18 January 1964 in Joseva, Bratunac Municipality;

4. Izet HALILOVIC, son of Ramo, born 1951 in Srebrenica, Srebrenica Municipality;

5. Behudin LOLIC, son of Ramiz, born 4 January 1967 in Donji Potocari, Srebrenica Municipality;

6. Huso SALIHOVIC, son of Mesan, born 10 May 1974 in Skugrici, Vlasenica Municipality;

7. Vahdet SULJIC, son of Alija, born 3 June 1968 in Pusmulici Srebrenica Municipality;

8. Remzija IBISEVIC, son of Ibrahim, born 20 July 1943 in Glogova, Bratunac Municipality;

9. Mujo BECIC, son of Hakija, born 26 February 1970 in Srebrenica, Srbrebrenica Municipality;

10. Sulejman BEGOVIC, son of Mustafa, born 3 March 1970 in Bukovica, Vlasenica Municipality; and,

11. Mehmedalija HAMZABEGOVIC, son of Ibrahim, born 15 February 1957 in Glodi, Zvornik Municipality.

30.16 Execution of 6 Muslim men and boys near the town of Trnovo: Sometime in July or August 1995, after the fall of the Srebrenica enclave, a Serbian unit working with the VRS and/or RS MUP summarily executed 6 Muslims from Srebrenica near the town of Trnovo in Bosnia and Hercegovina including:

1. Azmir ALISPAHIC, son of Alija born, 2 October 1978 in Srebrenica, Srebrenica Municipality, Bosnia and Hercegovina
2. Safet FEJZIC, son of Sakib, born 3 January 1978, in Srebrenica, Srebrenica Municipality, Bosnia and Hercegovina

31. During and after the campaign of forcible transfer and organised executions, the opportunistic killing of captured Bosnian Muslim men from the Srebrenica enclave by VRS and MUP personnel continued through July and August. These opportunistic killings, were the natural and foreseeable consequence of the Joint Criminal Enterprise to forcibly transfer the population of Srebrenica. They were also the natural and foreseeable consequence of the Joint Criminal Enterprise to murder all the able bodied Muslim men from Srebrenica:

31.1 Potocari

1. On 12 July, the bodies of nine Bosnian Muslim men who had been shot, were found in the woods near the UN Compound on the Budak side of the main road.

2. On 12 July, the bodies of nine or ten Bosnian Muslim males were found about seven hundred metres from the UN Compound behind the White House in a creek.

3. On the morning of the 13 July, the bodies of six Bosnian Muslim women and five Bosnian Muslim men were found in a stream near the UN Compound in Potocari.

4. On 13 July, one Bosnian Muslim man was taken behind a building near the "White House" and summarily executed.

31.2 Bratunac town

1. On 12 July, beginning at approximately 2200 hours and continuing through 13 July, more than 50 Bosnian Muslim men were taken from a hangar behind the Vuk Karadzic elementary school in Bratunac and summarily executed.

2. On 13 July, at approximately 2130 hours, two Bosnian Muslim men were taken off a truck in Bratunac town, taken to a nearby garage, and summarily executed.

3. On 13 July, in the evening, a Bosnian Muslim man who was mentally retarded was taken off a bus parked in front of the Vuk Karadzic elementary school in Bratunac and summarily executed.

4. Between the evening of 13 July and the morning of 15 July 1995, Bosnian Muslim males were frequently and consistently killed, both inside and outside the Vuk Karadzic elementary school by VRS and or MUP personnel.

31.3 Kravica Market: During the night between 13 July and 14 July near a supermarket in Kravica, a VRS or MUP soldier placed his rifle barrel into the mouth of a Bosnian Muslim prisoner and summarily executed the man. Also during this period, VRS and/or MUP soldiers struck, beat with rifle butts, and summarily executed Bosnian Muslim prisoners who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated at Potocari and were detained on trucks near the supermarket.

31.4 Petkovci School: On 14 and the early morning hours of 15 July 1995 VRS and or MUP personnel beat, abused and killed many Bosnian Muslim men being detained in the Petkovci School, just prior to those men being transported to the Dam near Petkovci for summary execution.

Re Burial Operation

32. From about 1 August 1995 through about 1 November 1995, VRS and MUP personnel participated in an organised and comprehensive effort to conceal the killings and executions in the Zvornik and Bratunac Brigade zones of responsibility by reburying bodies exhumed from initial mass graves at the following locations: Branjevo Military Farm; Kozluk; the "Dam" near Petkovci; Orahovac; and Glogova; and transferring them to secondary graves at: twelve sites along the Cancari Road (containing bodies from Branjevo Military Farm and Kozluk); four sites near Liplje (containing bodies from the "Dam" near Petkovci); seven sites near Hodzici (containing bodies from Orahovac); and seven sites near Zeleni Jadar (containing bodies from Glogova). This reburial operation was a natural and foreseeable consequence of the execution and original burial plan conceived by the Joint Criminal Enterprise and was done on orders from Ratko Mladic with the knowledge and assistance of VUJADIN POPOVIC, VINKO PANDUREVIC, DRAGO NIKOLIC AND MILORAD TRBIC.

The Destruction of the Women and Children

33. The forcible transfer of the women and children as described in this indictment created conditions known to the accused that would contribute to the destruction of the entire Muslim population of Eastern Bosnia, including but not limited to the failure in part, of the population to live and reproduce normally.

COUNT 1: Genocide, punishable under Articles 4(3)(a) and 7(1) (BOROVCANIN limited to Aiding and Abetting Genocide) and for VINKO PANDUREVIC AND LJUBOMIR BOROVCANIN, under Article 7 (3) of the Statute of the Tribunal.

COUNT 2
(Conspiracy to Commit Genocide)

By their acts and omissions described in the paragraphs below, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, AND MILORAD TRBIC committed:

34. ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, and MILORAD TRBIC entered an agreement with several others, including General Ratko Mladic, the Commander of the VRS, General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on 13 July 1995; General Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours on 13 July 1995 and, thereafter, Commander of the Drina Corps and others (see Attachment A for a list of the members of the Conspiracy) to kill the able-bodied Muslim men from Srebrenica that were captured or surrendered after the fall of Srebrenica on 11 July 1995 and remove the remaining Muslim population of Srebrenica and Zepa from the Republika Srpska with the intent to destroy those Muslims. The underlying facts and agreement of the Conspiracy to commit genocide are identical to the facts and agreement identified in Joint Criminal Enterprise mentioned in this Indictment.
35. ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC and MILORAD TRBIC entered this agreement with the intent to kill the Muslim men of Srebrenica and to cause serious bodily or mental harm to the Muslims of Srebrenica, and in furtherance of the intent to destroy, in part, a national, ethnical, racial, or religious group, as such.

The Conspiracy, Joint Criminal Enterprise and Operation to Murder all the Able-bodied Muslim Men from Srebrenica

36. On or about 12 July 1995 the Conspiracy, Joint Criminal Enterprise and Operation was implemented. ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN, together with other VRS and MUP officers and units as identified in this Indictment in Attachment A, were members of and knowingly participated in a Conspiracy, Joint Criminal Enterprise, and Operation, the common purpose of which was to, summarily execute and bury thousands of Bosnian Muslim men and boys aged 16 to 60 from captured from the Srebrenica enclave from 12 July 1995 until about 19 July 1995. The last known primary burial of Srebrenica victims occurred on or about 19 July 1995 in Glogova. The initial plan was to summarily execute more than 1000 Bosnian Muslim men and boys, aged 16 to 60, who were separated from the group of Bosnian Muslims in Potocari on 12 and 13 July. On 12 or 13 July, this plan was broadened to include the summary execution of over 6000 men and boys, aged 16 to 60, who were captured from the column of Bosnian Muslim men escaping the Srebrenica enclave from 12 July through about 1 November 1995. (For the actual execution of the Conspiracy, Joint Criminal Enterprise and Operation, including involvement of the Accused, see paragraphs 27 to 32 and 38 to 44 of this Indictment).

37. Although the Conspiracy, Joint Criminal Enterprise and Operation contemplated organised and systematic executions, it was foreseeable to, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN that individual opportunistic killings and persecutory acts, such as those described in paragraphs 31 and 48 of this Indictment, would be carried out by VRS and MUP forces during and after the Joint Criminal Enterprise. VRS and MUP forces carried out such opportunistic criminal acts from 12 July 1995 to about 1 November 1995. The implementation of this Joint Criminal Enterprise resulted in the summary execution of over 7000 Bosnian Muslim men and boys from the Srebrenica enclave.

ACTIONS OF THE ACCUSED IN FURTHERANCE OF THE JOINT CRIMINAL ENTERPRISE, CONSPIRACY AND OPERATION TO SUMMARILY EXECUTE AND BURY THE ABLE BODIED MUSLIM MEN FROM SREBRENICA

38. ZDRAVKO TOLIMIR, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 1, 10, 27, 31, 34 to 37, 54, 66-70, 74, 83, 88 and 90 to 91 of this Indictment):

1. With full knowledge of the plan to summarily execute the able-bodied men of Srebrenica, he assisted in and facilitated the forcible transfer and deportation of the Muslim population of Srebrenica, as described in paragraphs 61 to 64 of this Indictment.

2. On 13 July 1995, he assisted in the operation to detain and execute the able-bodied men of Srebrenica by proposing to his commander Ratko Mladic that the hundreds of Muslim prisoners being detained along the Konjevic Polje - Bratunac road be secreted from international forces by being placed in buildings so they could not be viewed from the air.

3. He supervised the 10^th Sabotage Detachment on 16 July 1995 when elements of this unit summarily executed more than 1700 Muslim men and boys at the Branjevo Military Farm and the Pilica Cultural Centre.

4. As Assistant Commander for Intelligence and Security of the Main Staff, and by virtue of the authority vested in him by his commander, Ratko Mladic, he had responsibility for the handling of all of the Bosnian Muslim prisoners taken after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
39. VINKO PANDUREVIC, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 4, 13, 16, 27, 30.6, 30.8 to 30.15, 31, 32, 34 to 37, 54 to 55, 67, 77, 80(a)(iii), 83, 88 and 90 to 91 of this Indictment):

1. On 12 or 13 July 1995, with full knowledge of the plan to summarily execute the able-bodied men of Srebrenica, he authorised the transport, detention and summary execution of hundreds of Bosnian Muslim men from Srebrenica, to detention sights in the Zvornik Brigade zone of responsibility, including at least 2 Muslim men killed at the school in Orahovac on 14 July 1995, approximately 1000 Muslim men executed at Orahovac on 14 July 1995, approximately 1000 Muslim men executed at the Dam near Petkovci on 14 and 15 July.

2. On 15 July 1995, he personally authorised the detention, summary execution and burial of thousands of Bosnian Muslim men from Srebrenica held in schools in Rocevic, Kula, and the Pilica Cultural Centre.

3. He remained in command and present in the Zvornik Brigade zone of responsibility from 15 July through August, 1995 and had knowledge of, and assisted in the following summary executions:

1. the execution of 500 to 1000 Muslim men on the banks of the Drina River near the town of Kozluk;

2. the execution of approximately 1200 Muslim men at the Branjevo Military farm on 16 July 1995;

3. the execution of approximately 500 Muslim men at the Pilica Cultural Centre on 16 July 1995;

4. the summary execution on or shortly after 20 July of our Branjevo Farm as described in paragraph 30.14 of this Indictment;

5. the summary execution on about 16 July through August 1 of 19 Muslim patients from the Zvornik Brigade Infirmary; and,

6. as Commander of the Zvornik Brigade, he had responsibility for all the Bosnian Muslim prisoners detained in the Zvornik Brigade zone of responsibility after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
40. LJUBISA BEARA, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able-bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 5, 14, 27, 30.6 to 30.7, 30.9 to 30.12, 31, 34 to 37, 44(a)(iii), 63, 78, 83, 88 and 90 to 91 of this Indictment):

1. In furtherance of the plan to capture, detain, transport and summarily execute able-bodied men of Srebrenica and with full knowledge of the plan to summarily execute such men:

   1. he organised and assisted in the gathering together, detention, transportation and execution of Muslim men from Srebrenica along the Konjevic Polje - Milici road Srebrenica on 13 July 1995;

   2. he assisted in the transportation and organisation of Muslim men from Bratunac to detention centers in the Zvornik area, specifically the schools at Orhaovac, Petkovci, Rocevic and Kula and the Pilica Cultural Centre, from 13 through about 16 July 1995, and oversaw and supervised their summary execution;

   3. he participated in the effort by General Krstic to capture Muslim men fleeing from the Zepa enclave over the Drina River to Serbia on about 1 and 2 August 1995; and,

   4. as Chief of Security of the Main Staff, and by virtue of the authority vested in him by his commander, Ratko Mladic, he had responsibility for the handling of all of the Bosnian Muslim prisoners taken after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
41. VUJADIN POPOVIC, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able-bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 6, 15, 27, 30.6 to 30.7, 30.9 to 30.12, 30.15, 31, 32, 34 to 37, 55, 59, 61, 79, 83, 88 and 90 to 91 of this Indictment):

1. In furtherance of the plan to capture, detain, transport and summarily execute able bodied men of Srebrenica and with full knowledge of the plan to summarily execute such men

1. he was a participant at the meeting at the Hotel Fontana at 10:00 hours 12 July 1995 with General Mladic and his staff, DutchBat officers, Muslim representatives from Srebrenica - the purpose of which was to arrange for the departure and transportation of the Muslims to leave Srebrenica and to intimidate the Muslims so they would leave the Srebrenica area;

2. he was present on duty in Potocari on 12 July 1995 overseeing the transportation of Muslims from Potocari to areas outside of the RS;

3. he assisted in the transportation and organisation of Muslim men from Bratunac to detention areas in Zvornik, specifically the schools at Orahovac, Petkovci, Rocevic and Kula, and the Pilica Cultural Centre from 13 through 16 July 1995, and oversaw and supervised their summary execution; and,

4. as Assistant Commander for Security of the Drina Corps, and by virtue of the authority vested in him by his commander, he had responsibility for the handling of all of the Bosnian Muslim prisoners in the Drina Corps zone of responsibility taken after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
42. DRAGO NIKOLIC, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able-bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 7, 16, 27, 30.6, 30.14, 30.15, 31, 32, 34 to 37, 80, 83, 88 and 90 to 91 of this Indictment):

1. In furtherance of the plan to capture, detain, transport and summarily execute able bodied men of Srebrenica and with full knowledge of the plan to summarily execute such men

1. he assisted in the transportation and organisation of Muslim men from Bratunac to detention areas in the Zvornik area including the schools at Orahovac, Petkovci, Rocevic, Kula and the Pilica Cultural Centre; from 13 through 16 July and oversaw and supervised their summary execution; and,

2. as Assistant Commander for Security of the Drina Corps, and by virtue of the authority vested in him by his commander, he had responsibility for the handling of all of the Bosnian Muslim prisoners in the Drina Corps zone of responsibility taken after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
43. LJUBISA BOROVCANIN, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 9, 18, 27, 30.4, 31, 34 to 37, 61 to 63, 81, 83, 88 and 90 to 92 of this Indictment)

1. In furtherance of the plan to capture, detain, transport and summarily execute able bodied men of Srebrenica and with full knowledge of the plan to summarily execute such men:

1. on 12 and 13 July 1995 he was present in Potocari commanding MUP troops in the separation of Muslim men from their families with full knowledge that those men would be summarily executed;

2. on 13 July 1995, he was present along the Bratunac - Konjevic Polje road, including the Kravica Warehouse and commanded troops there who assisted the VRS in capturing, detaining, transporting and executing, hundreds of able-bodied Muslim men and boys from Srebrenica, with full knowledge that the Muslim men would be executed;

3. on 13 July 1995 he was personally present at the Kravica warehouse when hundreds of Muslim prisoners were in the process of being summarily executed by or in the presence of troops under his command and he did nothing to prevent those executions and did nothing to affect first aid or any medical treatment of the remaining surviving Muslims at the warehouse and did thereby encourage his men and those working with his men to continue to kill Muslim prisoners and let wounded prisoners die from their wounds; and,

4. as Commander of MUP forces in the area, he had responsibility for all the Bosnian Muslim prisoners detained by his troops after the fall of the Srebrenica enclave and to ensure their safety and welfare. He failed to do so.
44. MILORAD TRBIC, acting individually or in concert with other members of the Joint Criminal Enterprise, Conspiracy and Operation to summarily execute and bury the able bodied Muslim men from Srebrenica, committed acts in furtherance of the Joint Criminal Enterprise, Conspiracy and Operation including but not limited to the following (see also paragraphs 8, 17, 27, 30.6, 31, 32, 34 to 37, 82 to 83, 88 and 90 to 91 of this Indictment):

1. In furtherance of the plan to capture, detain, transport and summarily execute able bodied men of Srebrenica and with full knowledge of the plan to summarily execute such men:

1. on 13 and 14 July 1995, he assisted in organising the transportation, detention, security and execution of Muslim men from Srebrenica transported in busses and trucks from Bratunac to detention sights in schools in the Zvornik area, including Orahovac, Petkovci, Rocevic, Kula and the Pilica Cultural Centre, with full knowledge that those men were to be summarily executed;

2. on 14 July 1995 he was present at the Orahovac School supervising the detention of Muslim prisoners awaiting execution at which time a soldier guarding the Muslims summarily executed at least two Muslim prisoners in his presence; and,

3. on 16 July 1995, as Duty Officer of the Zvornik Brigade he communicated with various VRS officers, including LJUBISA BEARA and others in the organising of the operation to murder thousands of Bosnian Muslim detained in schools in the Zvornik Brigade zone of responsibility.

COUNT 2: Conspiracy to commit genocide, punishable under Articles 4(3)(b) and 7(1) and VINKO PANDUREVIC Article 7(3), of the Statute of the Tribunal.

COUNT 3
(Extermination)

By their acts and omissions described in the preceding paragraphs, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN committed:

45. And, as described in this Indictment, the crime of Extermination was perpetrated, executed, and carried out by and through the following means:

The involvement of the accused as described in detail in paragraphs 30 to 31 of this Indictment in the murder of thousands of Bosnian Muslim men and boys from the Srebrenica enclave.

COUNT 3: Extermination, a CRIME AGAINST HUMANITY, punishable under Articles 5(b) and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN under Article 7 (3), of the Statute of the Tribunal.

COUNTS 4 - 5
(Murder)

By their acts and omissions described in the preceding paragraphs, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN committed:

46. The crime of Murder was perpetrated, executed, and carried out by and through the means identified in paragraphs 30 to 31 of this Indictment.
47. The crime of Murder was perpetrated, executed, and carried out by and through the means identified in paragraphs 30 to 31 of this Indictment.

COUNT 4: Murder, a CRIME AGAINST HUMANITY, punishable under Articles 5(a) and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN Article 7 (3), of the Statute of the Tribunal.

and

COUNT 5: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3 and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN Article 7 (3), of the Statute of the Tribunal.

COUNT 6
(Persecutions)

By their acts and omissions alleged in the preceding paragraphs, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN committed:

48. As described in paragraphs 27 to 31 and 50 to 71 of this Indictment, the crime of persecutions was perpetrated, executed, and carried out by and through the following means:

1. the murder of thousands of Bosnian Muslim civilians, including men, women, children, and elderly persons, as described in paragraphs 30 to 31 of this Indictment;

2. the cruel and inhumane treatment of Bosnian Muslim civilians, including murder and severe beatings at Potocari and in detention facilities in Bratunac and Zvornik;

3. the terrorising of Bosnian Muslim civilians in Srebrenica and at Potocari;

4. the destruction of personal property and effects belonging to the Bosnian Muslims; and

5. the forcible transfer of Bosnian Muslims from Srebrenica and Zepa by means of the forced bussing of the women and children to Bosnian Muslim-controlled territory and the forced bussing of the men, separated at Potocari or captured or having surrendered from the column, up to the Zvornik area, where they were ultimately executed and the deportation of the Bosnian Muslim men from Zepa who were forced to flee to their homes in Zepa to Serbia.

COUNT 6: Persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, including Murder, Cruel and Inhumane Treatment, Terrorising the Civilian Population, Destruction of Personal Property, and Forcible Transfer, punishable under Articles 5(h) and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN under Article 7 (3), of the Statute of the Tribunal.

By their acts and omissions described in the preceding paragraphs, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN committed:

49. ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO,VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN, together with other VRS and MUP officers and units and RS officials, as identified in this Indictment in Attachment A, were members of and knowingly participated in a Joint Criminal Enterprise, and Operation, the common purpose of which was to force the Muslim population out of the Srebrenica and Zepa enclaves to areas outside the control of the RS from about 8 March 1995 through the end of August 1995.

The Operation to Remove the Muslim Population from Srebrenica and Zepa

50. On 8 March 1995, RS President Radovan Karadzic issued Operational Directive 7 from the Supreme Command of the VRS. Directive 7 was drafted by RADIVOJE MILETIC. This Directive ordered "complete the physical separation of the Srebrenica and Zepa enclaves as soon as possible, preventing even communication between individuals between the two enclaves. By planned and well-thought-out combat operations, create an unbearable situation of total insecurity, with no hope of further survival or life for the inhabitants of Srebrenica or Zepa." (See Attachment B to this Indictment for a detailed outline of the structure of the RS Armed Forces relevant to these facts).

51. Continuing in March 1995 through July 1995 the VRS deliberately restricted humanitarian aid and relief supplies to the Muslim inhabitants of Srebrenica and Zepa as part of the organized effort to make life impossible for the Muslims and remove them. RADIVOJE MILETIC, under the command of Ratko Mladic played a central role in organizing and facilitating the effort to restrict aid and supplies to the Srebrenica and Zepa enclaves.

52. Continuing in March 1995 through the fall of the enclaves in July 1995 the VRS shelled and sniped various civilian targets in the Srebrenica and Zepa enclaves, as part of the effort to make life for the Muslims in the enclave impossible and remove them.

53. On 3 June 1995, VRS forces attacked United Nations observation post (OP) Echo as a prelude to the major attack on the enclave. On 2 July 1995, Drina Corps Commander General Milenko Zivanovic ordered the attack on the Srebrenica enclave with the purpose to separate the Srebrenica and Zepa enclaves and reduce the Srebrenica enclave to its urban area. The purpose of reducing the enclave to its urban area was to force the Muslim population into the small town of Srebrenica and thereby create conditions where it would be impossible for the entire Muslim population to sustain itself and require its departure from the area.

54. On or about 6 July 1995, pursuant to General Zivanovic’s order of 2 July 1995, units of the Drina Corps shelled Srebrenica and attacked OPs manned by the UN Dutch Battalion (DutchBat), which were located in the enclave. Among the Drina Corps units engaged in the attack were elements of the Zvornik Brigade commanded personally by VINKO PANDUREVIC. On 9 July 1995, President Karadzic modified the original order and approved the takeover of the Srebrenica enclave. The order was transmitted by General ZDRAVKO TOLIMIR to General Radislav Krstic and General MILAN GVERO at the Drina Corps Forward Command Post. The Drina Corps attack on the Srebrenica enclave, including the shelling, and attacks on other UN Ops, and Muslim civilian targets in Srebrenica continued through 11 July 1995, when forces from the Zvornik Brigade, the Bratunac Brigade, the 10^th Sabotage Detachment, and other units of the VRS entered Srebrenica. On 11 July 1995, NATO planes dropped bombs in an attempt to stop the VRS. Despite these efforts, Srebrenica fell to the VRS on 11 July 1995.

55. Immediately after the fall of Srebrenica on 11 July 1995, in the late afternoon, senior VRS officers including Ratko Mladic, Milenko Zivanovic, Radislav Krstic, VINKO PANDUREVIC, and VUJADIN POPOVIC entered the town.

56. On 10 and 11 July thousands of Bosnian Muslims from the enclave, including women, children, and some men, fled to the UN Compound in Potocari, where they sought the protection of the DutchBat. Meanwhile, at the same time, approximately 15,000 Bosnian Muslim men from the enclave, with some women and children, gathered at the villages of Susnjari and Jaglici and fled on 11 July in a huge column through the woods towards Tuzla. Approximately one third of this group consisted of armed Bosnian Muslim military personnel. The rest were civilians and unarmed military personnel.

57. On the evening of 11 July 1995 and the morning of 12 July 1995, three critical meetings concerning the fate of the refugees who had fled to Potocari took place at the Hotel Fontana in Bratunac. At the first meeting, held at approximately 2000 hours on 11 July, Ratko Mladic, and a Main Staff Intelligence officer, Colonel Radoslav Jankovic met with other members of the VRS and with the DutchBat command. Ratko Mladic intimidated and threatened the DutchBat commander.

58. Ratko Mladic, Radislav Krstic, Radoslav Jankovic and other members of the VRS convened the second meeting at approximately 2300 hours on 11 July 1995. Members of the DutchBat command and a representative of the Bosnian Muslim refugees at Potocari attended the meeting. At this second meeting, Ratko Mladic intimidated and threatened the Bosnian Muslim representative. During the evening of 11 July 1995 and into the early morning of 12 July 1995, the plan to transport the Srebrenica Muslims from Potocari was developed by General Mladic and his staff.

59. Ratko Mladic, Radislav Krstic, Radoslav Jankovic, VUJADIN POPOVIC and other VRS and Bosnian Serb civilian representatives convened a third meeting at about 1000 hours on 12 July 1995. DutchBat officers and representatives of the Bosnian Muslim refugees also attended this meeting. At this meeting, it was explained that the VRS would supervise the "evacuation" of refugees from Potocari and that Ratko Mladic wanted to screen men between the ages of 16 and 60 to determine whether there were any war criminals among them.

60. The Bosnian Muslim refugee population remained in and around Potocari from 11 July until 13 July 1995. Throughout this time, members of the VRS and the RS Ministry of Internal Affairs (MUP) terrorised them.

The Operation to Forcibly Move out the Muslim Population

61. In the afternoon of 12 July 1995, in the presence of Ratko Mladic, Radislav Krstic, VUJADIN POPOVIC, LJUBOMIR BOROVCANIN and others, approximately 50 to 60 buses and trucks arrived near the UN military compound in Potocari. At this time and continuing throughout the entire day of 13 July, thousands of Bosnian women, children and elderly men were loaded on busses and trucks and transported by the Bosnian Serb forces from Potocari to the confrontation line near Kladanj, where they were released and walked the approximately 5 kilometres to BiH Army held lines outside Kladanj. MUP Special Police forces under the command of LJUBOMIR BOROVCANIN worked together with elements of the Bratunac Brigade and other VRS units in moving the Srebrenica population out of the enclave.

62. On the afternoon of 12 July, as the Bosnian Muslim women, children, and men started to board the buses and trucks, MUP Special Police forces under the command of LJUBOMIR BOROVCANIN and VRS soldiers separated over 1000 able bodied Bosnian Muslim men from the women and children and transported these men to temporary detention sites in Bratunac. The separation of able bodied men from the crowd in Potocari continued all day on 12 and 13 July, until the entire Muslim population had been removed from the area of Potocari.

63. Between 12 July 1995 and about 17 July 1995, approximately 6000 Bosnian Muslim men from the column of men escaping the Srebrenica enclave were captured by or surrendered, to MUP forces, under the command of LJUBOMIR BOROVCANIN and VRS forces, including the Military Police company of the 65^th Protection Regiment of the Main Staff, supervised by LJUBISA BEARA, in the Nova Kasaba, Konjevic Polje, and Kravica areas. The majority of the prisoners captured from the column on 13 July 1995 were taken to the same temporary detention sites in and around Bratunac as those men separated from Potocari. On 13 July LJUBISA BEARA was present in the area of Nova Kasaba co-ordinating the capture and surrender of Muslim men. Those Bosnian Muslim prisoners who were temporarily detained in Bratunac on 12 and 13 July were thereafter transported to the Zvornik area between 13 and 15 July 1995.

64. Beginning around 12 July 1995 and continuing through about 16 July 1995, members of the VRS and the MUP confiscated and destroyed personal property and effects belonging to the Bosnian Muslim male prisoners, including their identification documents and valuables. This confiscation and destruction of personal property and effects occurred in Potocari, at various points of capture and collection of men from the column along the Bratunac/Milici road, and at various execution sites. In addition, the prisoners in Potocari and in Bratunac were not provided with food or medical treatment, nor with any meaningful rations of water, during their days in detention pending execution. During this time, the Muslim prisoners held in Potocari and Bratunac were frequently beaten by their captors.

The Zepa Operation

65. In early July 1995, at the same time as it was attacking Srebrenica, the VRS made preparations to attack the Zepa enclave and force the Muslim population from the that enclave. The VRS began firing on UN positions around Zepa on 7 July 1995. They fired directly on a UN checkpoint on 9 July 1995 and on the town of Zepa on 10 July 1995. On 11 July 1995, the VRS shelled a village at Zepa.

66. Three separate negotiations took place between the VRS and Bosnian Muslim representatives of the Zepa enclave, where VRS representatives sought to force the population to leave the enclave under threat of military attack. The first set of negotiations took place on 13 July 1995. At this meeting, the Rogatica Brigade Commander, Colonel Rajko Kusic, accompanied by General ZDRAVKO TOLIMIR and local Bosnian authorities, met at the established Ukrainian UNPROFOR checkpoint overlooking Zepa. The Bosnian Serbs said that "Srebrenica had fallen and so now it was [Zepa’s] turn."
67. ZDRAVKO TOLIMIR offered the Bosnian Muslim representatives of Zepa two alternatives: either the entire population could be "evacuated" in the same manner as Srebrenica or the Bosnian Serbs would take military action. The Bosnian Muslim representatives decided to reject the Serb proposal as it stood. In the early morning of 14 July 1995, the VRS command launched a full scale attack on the Zepa enclave. This attack was commanded by Drina Corps Commander Radislav Krstic and included elements of various Drina Corps brigade including elements of the Zvornik Brigade commanded personally by VINKO PANDUREVIC. In the evening of 14 July 1995, Bosnian Serbs entered the pocket from the north-west and retook some land and burned villages. On the morning of 15 July 1995 VINKO PANDUREVIC and his troops were withdrawn from the Zepa operation and sent back to the Zvornik area to assist in the defence of Zvornik that had been threatened by the advance of the Muslim men from Srebrenica.

68. On 19 July 1995, the Serb shelling and firing on Zepa stopped. Ratko Mladic met with UNPROFOR General Rupert Smith at Han-Kram. ZDRAVKO TOLIMIR and VRS Colonel Indjic accompanied General Mladic. At the meeting, they discussed Srebrenica, including the withdrawal of DutchBat, the situation at Zepa, and the freedom of movement for UNPROFOR and UNHCR. General Mladic asserted, incorrectly, that Zepa had fallen at 1330 hours that day.

69. The second round of negotiations between the VRS and the Bosnian Muslim representatives of the enclave occurred on the afternoon of 19 July 1995 at the Ukrainian checkpoint. General Mladic and ZDRAVKO TOLIMIR met with three members of the Bosnian Muslim local civil authority. The VRS position required that the Bosnian Muslims were to surrender their arms under the control of the UNPROFOR, and their names would be registered. They were to be held by the Serbs as prisoners of war, until exchanged within 5 to 15 days. General Mladic gave a guarantee of their safety. When the parties reached no agreement, the VRS resumed its attack on Zepa on 21 July 1995.

70. The third set of negotiations took place on 24 July 1995. A Bosnian Muslim representative of the Zepa enclave, Hamdija Torlak, was present, as were General Mladic, Rajko Kusic, the Commanding Officer of the Rogatica Brigade, and ZDRAVKO TOLIMIR. At around 1830 hours on 24 July 1995, an agreement was reached regarding Zepa.

71. The transportation of the women and children of Zepa began on 25 July 1995. On or about the same day, hundreds of mostly able-bodied Muslim men began to flee across the Drina River to Serbia where many of them were registered by the International Committee for the Red Cross (ICRC) and eventually released. The Muslim men fled to Serbia because they feared they would be harmed or killed if they surrendered to the VRS.

ROLE AND ACTIONS OF THE ACCUSED IN FURTHERANCE OF THE JOINT CRIMINAL ENTERPRISE AND OPERATION TO FORCIBLY TRANSFER AND DEPORT THE SREBRENICA AND ZEPA MUSLIM POPULATION

72. In order to achieve the goal of the Joint Criminal Enterprise and Operation, as expressed in Directive 7, to force the Muslim populations of Srebrenica and Zepa to leave the area, several actions were carried out, including but not limited to the following:

1. Making life unbearable for the inhabitants of the enclave;

2. Defeating the Muslim forces militarily;

3. Disabling the local UN forces militarily;

4. Preventing and controlling outside international protection of the enclaves, including air strikes and international monitoring; and

5. Controlling the movement of people out of the enclaves.
73. Members of the Joint Criminal Enterprise and Operation made life unbearable for the inhabitants of the enclave by:

1. Shelling civilian targets in Srebrenica and Zepa; and,
2. Controlling the movement of people out of the enclaves:
74. ZDRAVKO TOLIMIR, acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 1, 10, 27, 31, 34 to 38, 54, 66 to 70, 83, 88 and 90 to 91 of this Indictment)

1. Making life unbearable for the inhabitants of the Zepa enclave:
1. in July 1995 he proposed to General RADIVOJE MILETIC that the refugee columns of Muslim population from Zepa be attacked.
2. Defeating the Muslim forces militarily:

   1. he communicated with the Drina Corps Forward Command Post and RS President Radovan Karadzic about combat operations around Srebrenica and the decision to take over Srebrenica; and,

   2. in July 1995 he proposed to General RADIVOJE MILETIC to destroy the remaining Muslim army from Zepa by using chemical weapons.

3. Disabling the local UN forces militarily:

1. he assisted in disabling the UNPROFOR in the attack on Srebrenica through his communications with UNPROFOR, specifically by lying to UNPROFOR, and coordinating lies with subordinate units.
4. Preventing and controlling outside international protection of the enclaves, including air strikes and international monitoring:

1. he organised and led the psychological and propaganda activities related to the operations in Zepa and Srebrenica.
5. Controlling the movement of people out of the enclaves:

1. he gave orders related to and coordinated the forcible transfer of men, including civilians, from the Srebrenica and Zepa enclaves;

2. he helped to coordinate the detention of prisoners from Srebrenica.

3. he took part in negotiations with Muslim representatives at Zepa and gave them the choice between "evacuation" or VRS "military action"; and,

4. he helped to organise and oversee the transportation of the population of Zepa, including by assembling the buses and loading people onto the buses.
75. RADIVOJE MILETIC, acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 2, 11, 31, 50 to 51, 74(a)(i), 74(b)(ii), 83, 88 and 90 to 91 of this Indictment):

1. Making life unbearable for the inhabitants of the enclave:

1. he drafted Directive 7, which was signed by President Karadzic on March 21, 1995 and called for the VRS to inter alia "create an unbearable situation of total insecurity with no hope of further survival or life for the inhabitants of Srebrenica and Zepa" and ordered that; "The relevant State and military organs responsible for work with UNPROFOR and humanitarian organisations shall, through the planned and unobtrusively restrictive issuing of permits, reduce and limit the logistics support of UNPROFOR to the enclaves and the supply of material resources to the Muslim population, making them dependent on our good will while at the same time avoiding condemnation by the international community and international public opinion; and,

2. he took part in and helped implement the policy set out in Directive 7 to restrict humanitarian aid to the Muslim populations of Srebrenica and Zepa.
2. Defeating the Muslim forces militarily:

1. he monitored the state of the Muslim forces before, during and after the attacks on Srebrenica and Zepa and communicated this information to his superiors, including President Karadzic, and subordinate units;

2. he monitored the surrender of Muslim forces after the fall of Srebrenica and Zepa and communicated this information to his superiors, including President Karadzic, and subordinate units; and,

3. he monitored the activities of VRS units in the Srebrenica and Zepa areas and communicated this information to his superiors, including President Karadzic, and subordinate units.
3. Controlling the movement of people out of the enclaves:

1. he monitored the progress of the transfer of the civilians of Srebrenica and Zepa and communicated this information to his superiors, including President Karadzic, and subordinate units;

2. he monitored VRS efforts to search and clear Zepa of any remaining Muslims and communicated this information to his superiors, including President Karadzic, and subordinate units; and,

3. he was kept informed of the flight of the Muslim men from Zepa to Serbia.
76. MILAN GVERO, acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 3, 12, 31, 54, 83, 88 and 90 to 91 of this Indictment):

1. Defeating the Muslim forces militarily:

1. he released to the public media a false statement concerning the attacks on the enclaves in order to assist in the take-down of the Srebrenica enclave; and,

2. he assisted in the attack on the Srebrenica enclave from the Drina Corps Forward Command Post on 9 July 1995 and advised General Krstic on the ongoing operation.
2. Disabling the local UN forces militarily:

1. he assisted in the attack on Srebrenica knowing that one of the main objectives was to force the Muslim population to leave Srebrenica by lying to UNPROFOR about Muslim attacks, in particular on UN observation points, and VRS intentions and actions with respect to the enclave; and,

2. he kept RS President Radovan Karadzic informed of his communication with the international forces.
3. Preventing and controlling outside international protection of the enclaves, including air strikes and international monitoring:

1. he threatened and pressured an UNPROFOR commander in an attempt to stop air strikes; and,

2. after the fall of the Srebrenica enclave, he lied to international representatives in order to block the UN’s and other international organisations’ access to Srebrenica.
4. Controlling the movement of people out of the enclaves:

1. he helped to organise and coordinate the capture and detention of Muslim men from Srebrenica; and,

2. he facilitated and oversaw the movement of wounded Muslims from Srebrenica.
77. VINKO PANDUREVIC, acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 4, 13, 27, 30.6, 30.8 to 30.15, 31, 32, 34 to 37, 39, 54 to 55, 67, 80(a)(iii), 83, 88 and 90 to 91 of this Indictment):

a. Defeating the Muslim forces militarily:

i. he commanded and ordered forces involved in the attack on the Srebrenica and Zepa enclaves from 6 July 1995through 14 July 1995, knowing one of the main objectives of the attack was to force the Muslim population to leave the Srebrenica and Zepa enclaves.

b. Controlling the movement of people out of the enclaves:

i. he had knowledge of and assisted in the forced movement of able bodied Muslim men from Srebrenica to detention centres in the Zvornik Municipality from 13 July 1995through 15 July 1995; and,

ii. he assisted the forcible movement of Srebrenica men by authorizing Zvornik Brigade forces to receive, detain and guard several thousand Bosnian Muslim men in the zone of responsibility of the Zvornik Brigade, knowing those men had been forcibly removed by RS authorities from the Srebrenica enclave.

78. LJUBISA BEARA acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 5, 14, 27, 31, 34 to 37, 40, 63, 83, 88 and 90 to 91 of this Indictment):

a. Controlling the movement of Muslims out of the enclaves:

1. he planned, organised and assisted in the gathering together, detention and transportation of Muslim men from Srebrenica along the Konjevic Polje - Milici road Srebrenica on 13 July1995;
2. he assisted in the transportation and organisation of Muslim men from Bratunac to detention centers in the Zvornik area, specifically the schools at Orhaovac, Petkovci, Rocevic and Kula and the Pilica Cultural Centre, from 13 through about 16 July 1995;
3. he participated in the effort by General Krstic to capture Muslim men fleeing from the Zepa enclave over the Drina River to Serbia on about 1 and 2 August 1995; and,

4. as Chief of Security for the Main Staff Corps, and by virtue of the authority vested in him by his commander, Ratko Mladic, he had responsibility for the handling of all of these Bosnian Muslim prisoners and to ensure their safety and welfare. He failed to do so.
79. VUJADIN POPOVIC acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 6, 15, 27, 30.5, 31, 32, 34 to 37, 41, 55, 59, 61, 83, 88 and 90 to 91 of this Indictment):

1. Controlling the movement of Muslims out of the enclaves:

1. he was a participant at the meeting at the Hotel Fontana at 10:00 hours on 12 July 1995 with General Mladic and his staff, DutchBat officers, Muslim representatives from Srebrenica-the purpose of which was arrange for the departure and transportation of the Muslims to leave Srebrenica and to intimidate the Muslims so they would leave the Srebrenica area;

2. he was present on duty in Potocari on 12 July supervising and overseeing the transportation of Muslims from Potocari to areas outside of the RS;

3. he assisted in the transportation and organisation of Muslim men from Bratunac to detention centres in the Zvornik area, specifically the schools at Orahovac, Petkovci, Rocevic and Kula and the Pilica Cultural Centre, from 13 July to 16 July 1995;

4. as Assistant Commander of Security for the Drina Corps, and by virtue of the authority vested in him by his commander, VUJADIN POPOVIC had responsibility for the handling of all of these Bosnian Muslim prisoners and to ensure their safety and welfare. He failed to do so.
80. DRAGO NIKOLIC acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 7, 16, 27, 30.6, 30.14 to 30.15, 31, 32, 34 to 37, 42, 83, 88 and 90 to 91 of this Indictment):
2. Controlling the movement of the Muslims out of the enclaves:

1. he assisted in the planning, organising and supervising of the transportation of Muslim men from Bratunac from 13 through about 16 July;

2. he assisted in the transportation and organisation of Muslim men from Bratunac at detention areas in the Zvornik area including the schools at Orahovac, Petkovci, Rocevic, Kula and the Pilica Cultural Centre, from 13 July through 16 July 1995;
3. as Chief of Security of the Zvornik Brigade, and by virtue of the authority vested in him by his commander, VINKO PANDUREVIC he had responsibility for the handling of all of these Bosnian Muslim prisoners and to ensure their safety and welfare. He failed to do so.
81. LJUBOMIR BOROVCANIN acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 9, 18, 27, 30.4, 31, 34 to 37, 43, 61 to 63, 83, 88 and 90 to 92 of this Indictment):
1. Disabling the UN forces militarily:

1. he commanded MUP forces on 12 July 1995 who forcibly entered the UN enclave at Potocari and along with VRS forces, took military control of Potocari and the DutchBat based there; and,

2. he was present in Potocari on 12 or 13 July commanding troops who assisted the VRS in disarming DutchBat troops in and around Potocari.

2. Controlling the movement of the Muslims out of the enclaves:

1. on 12 and 13 July he commanded troops who assisted the VRS in organizing the transportation on busses and trucks of Muslim women and children to areas outside the VRS. He was present in Potocari on 12 and 13 July and commanded MUP troops there who assisted the VRS in securing and controlling the Muslim population. As a commander he had responsibility for the handling of all of these Bosnian Muslim prisoners and to ensure their safety and welfare;

2. on 12 and 13 July he was present in Potocari and commanded troops there who assisted the VRS in detaining and transporting Muslim men from Potocari to detention centres outside the enclave to the town of Bratunac; and,

3. on 13 July he was present along the Bratunac - Konjevic Polje Road and commanded troops there who assisted the VRS in capturing, detaining and transporting to detention sites outside the enclave, thousands of able bodied Muslim men and boys from Srebrenica.
82. MILORAD TRBIC acting individually or in concert with other members of the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of Srebrenica and Zepa and knowing that forcing the Muslims out of the enclaves was unlawful, committed acts in furtherance of the Joint Criminal Enterprise and Operation including but not limited to the following (see also paragraphs 8, 17, 27, 30.6, 31, 32, 34 to 37, 44, 83, 88 and 90 to 91 of this Indictment):
1. Enclaves:

i. on 13 and 14 July 1995 he assisted in organizing the transportation, detention and security of Muslim men from Srebrenica transported in busses and trucks from Bratunac to detention sights in schools in the Zvornik area, including Orahovac, Petkovci, Rocevic, Kula and the Pilica Cultural Centre.

Joint Criminal Enterprise III (Extended Format) and Co-Perpetration

83. It was foreseeable to ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN, that individual criminal acts, such as individual opportunistic killings and persecutory acts as described in paragraphs 31 and 48 of this Indictment, would be carried out by Serb forces during the Joint Criminal Enterprise and Operation to forcibly transfer and deport the populations of the Srebrenica and Zepa enclaves. The term "opportunistic" is used in this Indictment to describe killings and other criminal acts carried out by individual soldiers, acting on their own, likely without orders from superior officers.

COUNT 7: Inhumane Acts (Forcible Transfer), a CRIME AGAINST HUMANITY, punishable under Articles 5(i) and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN under Article 7 (3), of the Statute of the Tribunal.

COUNT 8
(Deportation)

By their acts and omissions described in the preceding paragraphs, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN committed:

84. The crime of Deportation was perpetrated, executed, and carried out by and through the following means:

1. the forced movement of Bosnian Muslim men from Zepa, across the Drina River to Serbia, by means of making life unbearable in the enclave by restricting aid to the enclave and instilling fear and terror in the population by shelling civilian areas and attacking the enclave, killing the Muslim men, as described in paragraph 71 of this Indictment.

COUNT 8: Deportation, a CRIME AGAINST HUMANITY, punishable under Articles, 5(d) and 7(1) and VINKO PANDUREVIC and LJUBOMIR BOROVCANIN under Article 7(3), of the Statute of the Tribunal.

GENERAL ALLEGATIONS

85. At all times relevant to this Amended Indictment, a state of armed conflict existed in the Republic of Bosnia and Herzegovina.

86. At all relevant times, the accused was required to abide by the laws and customs governing the conduct of war.

87. All acts and omissions charged as crimes against humanity were part of a widespread or systematic attack directed against the Bosnian Muslim civilian population of Srebrenica and its surroundings.

INDIVIDUAL CRIMINAL RESPONSIBILITY

Article 7 (1) Criminal Responsibility

88. Pursuant to Article 7(1) of the Statute of the Tribunal, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGAN NIKOLIC, MILORAD TRBIC and LJUBOMIR BOROVCANIN are individually responsible for the crimes charged against them in this Indictment. Each of them committed, planned, instigated, ordered, and otherwise aided and abetted in the planning, preparation, and execution of these charged crimes, as set out in detail in this Indictment. The term "committed" as it is used herein, includes two forms of Co-perpetration, namely:

88.1 Joint Criminal Enterprise - as described in this Indictment, includes membership of at least two persons in a criminal enterprise with an agreement to achieve the criminal objective, and

88.2 Direct and/or Indirect Co-Perpetration - does not require membership in a criminal enterprise or plan, nor an agreement, In Direct/Indirect Co-Perpetration each accused is responsible as a co perpetrator for his participation in the crimes charged, based on his own acts, whether individually or jointly with others, in participating knowingly, with criminal intent, directly and/ or indirectly, with or without an agreement, through or by way of his subordinates or other persons, in the commission of the crimes charged including inter alia, communicating, organizing, co-ordinating, facilitating, or providing supervision or failing to act in furtherance of the crimes charged.

89. Both Joint Criminal Enterprise and Direct/Indirect Co-Perpetration, while representing separate forms of criminal liability, identify the same set of facts, that is the criminal endeavor to force the Muslim population from the Srebrenica and Zepa enclaves and murder all the able bodied men captured from the Srebrenica enclave, as described in the Indictment. As used in this Indictment the term "Operation" is used in conjunction with Direct and/or Indirect Co-Perpetration to identify the facts upon which liability under Direct/Indirect Co-Perpetration is based. Joint Criminal Enterprise and Operation are identified separately in this Indictment because the Joint Criminal Enterprise necessarily includes membership in a criminal enterprise and agreement, whereas the facts of the Operation can be viewed without a criminal enterprise and agreement.
90. ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN had knowledge of the plan to murder the able bodied Muslim men of Srebrenica and were involved in the execution of that plan., Each accused possessed the criminal intent and state of mind required to commit the individual crimes charged (See Attachment C to this Indictment for the requirement mens rea for each crime) in the Indictment related to this plan, and their acts significantly assisted and facilitated the commission of the crimes. The participation of the accused in the Joint Criminal Enterprise to murder the able-bodied Muslim men of Srebrenica and the specific acts and responsibilities described in this Indictment satisfy the elements required for a finding that, pursuant to Article 7(1) of the Statute of the Tribunal, ZDRAVKO TOLIMIR, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN "committed," "planned," "instigated," "ordered," and otherwise "aided and abetted" genocide, crimes against humanity (including murder, persecutions, forcible transfer, and inhumane acts), and murder as a violation of the laws or customs of war.
91. ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN had knowledge of and were involved in the implementation of the plan to make life unbearable for the Muslim population of Srebrenica and Zepa and forcibly remove them from the enclaves to areas outside the RS. Each accused possessed the criminal intent and state of mind required to commit the individual crimes charged in the Indictment related to this plan, and their acts significantly assisted and facilitated the commission of the crimes. The participation of the accused in the Joint Criminal Enterprise and Operation to remove the Muslim population and the specific acts and responsibilities described in this Indictment satisfy the elements required for a finding that, pursuant to Article 7(1) of the Statute of the Tribunal, ZDRAVKO TOLIMIR, RADIVOJE MILETIC, MILAN GVERO, VINKO PANDUREVIC, LJUBISA BEARA, VUJADIN POPOVIC, DRAGO NIKOLIC, MILORAD TRBIC AND LJUBOMIR BOROVCANIN "committed," "planned," "instigated," "ordered," and otherwise "aided and abetted", crimes against humanity (including murder, persecutions, forcible transfer, and inhumane acts), and murder as a violation of the laws or customs of war.

92. As a separate and independent basis of liability under Article 7(1), LJUBOMIR BOROVCANIN’S presence at or near mass execution sites described in paragraphs 30.4 and 43(a)(iii) of this Indictment, together with his failure to intercede in order to protect prisoners who remained alive at the execution site, instigated, assisted and aided and abetted the perpetrators of the killings, in that his presence served as encouragement and incitement to the physical perpetrators of the Kravica executions who continued to kill prisoners during and after LJUBOMIR BOROVCANIN presence at the site of the executions.

Article 7 (3) Criminal Responsibility

93. VINKO PANDUREVIC and LJUBOMIR BOROVCANIN are also, or alternatively, criminally responsible as Commanders for the acts of their subordinates pursuant to Article 7(3) of the Tribunal Statute. Such criminal responsibility is the responsibility of a superior for the acts of his subordinate if he knew or had reason to know that his subordinate was 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 to punish the perpetrators thereof.

94. The criminal acts of the subordinates of VINKO PANDUREVIC for which he is responsible include but are not limited to the actions described in paragraphs 39 and 77 of this Indictment.

95. The criminal acts of the subordinates of LJUBOMIR BOROVCANIN for which he is responsible, include but are not limited to the actions described in paragraphs 43 and 81 of this Indictment.

All in violation of Articles 3, 4(3), 4(3)(b),5 (a), 5(b), 5(d), 5(h), 5(i), 7(1) and 7(3), of the Statute of the Tribunal.

Dated this 28^th day of June 2005
The Hague, The Netherlands

______________
Carla Del Ponte
Prosecutor