The Hague, 2 October 2001
S.P./P.I.S./625e

On 2 October 2001, following a request from the Prosecutor, Carla Del Ponte, Judge Patricia Wald issued an order to publicly disclose the contents of the "Dubrovnik Indictment". The indictment, which was previously subject to an order limiting public disclosure, was confirmed on 27 February 2001.

The indictment, confirmed on 27 February 2001, alleges that forces of the Yugoslav Peoples’ Army ("JNA") under the command of Pavle Strugar, Miodrag Jokic, Milan Zec and Vladimir Kovacevic launched an attack against the Dubrovnik region of Croatia from Montenegro, Bosnia and Herzegovina, and from the Adriatic Sea on 1 October 1991. The aim of the attack was to secure control of those areas of Croatia that were intended for inclusion in the so-called "Dubrovnik Republic". It was the objective of the JNA and the Serbian and the Montenegrin governments to detach this area from Croatia and to annex it to Serbia/Montenegro and other areas intended for Serb control in Croatia and Bosnia.

It is alleged that between 1 October and 31 December 1991, JNA forces killed and wounded numerous civilians in and around the city of Dubrovnik through acts of unlawful shelling. Further, the forces systematically plundered public, commercial and private property in the areas surrounding Dubrovnik of which they subsequently gained control and systematically destroyed public, commercial and religious buildings, as well as private dwellings.

An analysis conducted by the Institute for the Protection of Cultural Monuments, in conjunction with UNESCO, found that, of the 824 buildings in the Old Town, 563 (or 68.33 per cent) had been hit by projectiles in 1991 and 1992. Nine buildings were completely destroyed by fire. In 1993, the Institute for the Rehabilitation of Dubrovnik, in conjunction with UNESCO, estimated the total cost for restoring public and private buildings; religious buildings; streets, squares, and fountains; and ramparts, gates, and bridges at 9,657,578 US dollars. By the end of 1999, over 7,000,000 US dollars had been spent on restoration, a project which is expected to continue until 2003.

According to the indictment, the accused held the following positions during the relevant period:

In October 1991, Pavle Strugar was named as the Commander of the Second Operational Group which was formed by the JNA to conduct the military campaign against the Dubrovnik region of Croatia.

Miodrag Jokic was promoted to Vice Admiral in 1991 and was named later in the year as the Commander of the Ninth (Boka Kotorska) Military Naval Sector (the "Ninth VPS").

Milan Zec held the rank of Battleship Captain in 1991 and was the Chief of Staff of the Ninth VPS, principal deputy to Miodrag Jokic.

Vladimir Kovacevic was named as the Commander of the Third Battalion of the JNA Trebinje Brigade in the autumn of 1991. This unit was detached from the brigade for the Dubrovnik military campaign and was subordinated directly to the command of the Ninth VPS.

The indictment charges the accused as follows:

Pavle Strugar, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal) and superior criminal responsibility (Article 7(3)) with:

• Violations of the laws and customs of war (Article 3 - murder; cruel treatment; attacks on civilians; devastation not justified by military necessity; unlawful attacks on civilian objects; destruction or wilful damage done to institutions dedicated to religion and to historic monuments; extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; wanton destruction of villages, or devastation not justified by military necessity; destruction or wilful damage done to institutions dedicated to education or religion; plunder of public or private property)

Miodrag Jokic, on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:

• Violations of the laws and customs of war (Article 3 - murder; cruel treatment; attacks on civilians; devastation not justified by military necessity; unlawful attacks on civilian objects; destruction or wilful damage done to institutions dedicated to religion and to historic monuments; extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; wanton destruction of villages, or devastation not justified by military necessity; destruction or wilful damage done to institutions dedicated to education or religion; plunder of public or private property)

Milan Zec, on the basis of individual criminal responsibility (Article 7(1)) with:

• Violations of the laws and customs of war (Article 3 - murder; cruel treatment; attacks on civilians; devastation not justified by military necessity; unlawful attacks on civilian objects; destruction or wilful damage done to institutions dedicated to religion and to historic monuments; extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; wanton destruction of villages, or devastation not justified by military necessity; destruction or wilful damage done to institutions dedicated to education or religion; plunder of public or private property)

Vladimir Kovacevic, on the basis of individual criminal responsibility (Article 7(1)) and superior criminal responsibility (Article 7(3)) with:

• Violations of the laws and customs of war (Article 3 - murder; cruel treatment; attacks on civilians; devastation not justified by military necessity; unlawful attacks on civilian objects; destruction or wilful damage done to institutions dedicated to religion and to historic monuments).

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