Seven Senior Bosnian Serb Officials Convicted of Srebrenica Crimes

Press Release: International Criminal Tribunal for the former Yugoslavia
June 10, 2010

Seven former high-ranking Bosnian Serb military and police officials were
today convicted by Trial Chamber II of a range of crimes committed in 1995
in relation to the fall of the enclaves of Srebrenica and Zepa, eastern
Bosnia and Herzegovina.

Vujadin Popovic, the Chief of Security of the Drina Corps of the Bosnian
Serb Army (VRS) and Ljubisa Beara, Chief of Security in the VRS Main staff
were found guilty of genocide, extermination, murder and persecution and
sentenced to life imprisonment. Drago Nikolic, the Chief of Security in the
Zvornik Brigade, was found guilty of aiding and abetting genocide,
extermination, murder and persecution and sentenced to 35 years'
imprisonment. Ljubomir Borovcanin, Deputy Commander of the Special Police
Brigade of the police forces was convicted of aiding and abetting
extermination, murder, persecution and forcible transfer (Judge Kwon
dissenting) under Article 7(1) of the Statute and, as a superior, of murder
as a crime against humanity and as a violation of the laws of customs of war
under Article (3). He was sentenced to 17 years' imprisonment. Radivoje
Miletic, the Chief of the Administration for Operations and Training at the
VRS Main Staff was found guilty of murder by majority, persecution and
inhumane acts (forcible transfer). He was sentenced to 19 years'
imprisonment. Milan Gvero, the Assistant Commander for Moral, Legal and
Religious Affairs of the VRS Main Staff, was found guilty of persecution and
inhumane acts and acquitted of the two counts of murder and that of
deportation. He was sentenced to 5 years' imprisonment. Vinko Pandurevic,
Commander of the Zvornik Brigade, was found guilty of aiding and abetting
murder (Judge Kwon dissenting), persecution and inhumane acts. He was
acquitted of charges of genocide, extermination and deportation. He was
sentenced to 13 years' imprisonment.

Today's judgement concerns the largest trial to date held before the
Tribunal and deals with a wide range of crimes committed by the Bosnian Serb
forces against Bosnian Muslims during and following the fall of the former
UN protected zones of Srebrenica and Zepa in July 1995.

The Trial Chamber found that a widespread and systematic attack against a
civilian population commenced with the issuance of a Supreme Command
Directive in March 1995 by former Bosnian Serb President Radovan Karadzic in
which he set out the criminal plan for an attack against protected UN safe
areas aimed at forcing the Bosnian Muslims of Srebrenica and Zepa to leave
the enclaves. It tasked the Drina Corps of the VRS to create "an unbearable
situation of total insecurity with no hope of further survival or life for
the inhabitants of Srebrenica and Zepa".

The following crimes were proven to have been committed by the VRS following
the fall of the two enclaves in July 1995: genocide; conspiracy to commit
genocide; extermination, a crime against humanity; murder, a crime against
humanity and a violation of the laws or customs of war; murder, cruel and
inhumane treatment, terrorising civilians, and forcible transfer, as acts of
persecution, a crime against humanity; and forcible transfer as an inhumane
act, a crime against humanity. The Trial Chamber found that the elements of
the crime of deportation have not been established.

The Chamber found that two Joint Criminal Enterprises (JCE) existed in
Eastern Bosnia in July 1995: the JCE to murder the able-bodied Bosnian
Muslim men from Srebrenica and the JCE to forcibly remove the Bosnian Muslim
population from Srebrenica and Zepa.

Furthermore, in relation to the crimes committed in Srebrenica, the Chamber
found that at least 5,336 identified individuals were killed in the
executions following the fall of the enclave. However, the Chamber considers
that the number of individuals killed in the executions following the fall
of Srebrenica could well be as high as 7,826 given the fact that evidence
before it was not encompassing.

"The scale and nature of the murder operation, with the staggering number of
killings, the systematic and organised manner in which it was carried out,
the targeting and relentless pursuit of the victims, and the plain
intention-apparent from the evidence-to eliminate every Bosnian Muslim male
who was captured or surrendered proves beyond reasonable doubt that this was
genocide," the Trial Chamber found.

"In the context of the war in the former Yugoslavia, and in the context of
human history, these events are arrestive in their scale and brutality."

Outlining their findings in relation to each of the accused, the Chamber
first turned to Vujadin Popovic who was found to be one of the major
participants in the JCE to murder. He was found to have been present at a
number of sites where captured Bosnian Muslims were detained or executed
between July 13 and 23.

"Popovic was not a marginal participant in the JCE to murder," the Chamber
found. "Popovic knew that the intent was not just to kill those who had
fallen into the hands of the Bosnian Serb Forces, but to kill as many as
possible with the aim of destroying the group. Popovic's ensuing robust
participation in all aspects of the plan demonstrates that he not only knew
of this intent to destroy, he also shared it."

Ljubisa Beara was the "driving force behind the murder enterprise". The
Trial Chamber found that he "had the clearest overall picture of the massive
scale and scope of the killing operation. From his presence in Bratunac on
the night of 13 July, to his personal visits to the various detention and
execution sites and the significant logistical challenges he faced
throughout, Beara had a very personal view of the staggering number of
victims destined for execution."

Furthermore, his vigorous efforts to organise locations and sites, recruit
personnel, secure equipment and oversee executions all evidence his grim
determination to kill as many as possible as quickly as possible, the
Chamber found.

The Chamber found that Nikolic's knowledge of the murder operation was of a
different nature from that of Beara and Popovic. Nikolic was first informed
of the murder plan on the evening of 13 July when the operation was well
underway and the information he was given was sparse. Thus, Nikolic was
aware of the plan to murder on a large scale but not of some of the key
features of the operation which would evidence genocidal intent.

However, the Chamber found that, while he had no genocidal intent, he
"participated in the JCE to Murder with persecutory intent, that he had with
knowledge of the genocidal intent of others and that he made a substantial
contribution to genocide."

With regards to Borovcanin, the Trial Chamber found that the evidence failed
to demonstrate that he was aware of the plans to murder and to forcibly
remove the civilian population from the area. The evidence was also
insufficient to demonstrate that he shared the intent to contribute to the
common purpose of the two joint criminal enterprises.

However, in relation to forcible removal, the Trial Chamber found, by
majority, Judge Kwon dissenting, that with his presence in Potocari on 12
July and what he witnessed there, he knew that there was a forcible transfer
of the civilian population of Srebrenica taking place. "With his knowledge
of the intent of others as found by the majority, including discriminatory
intent, Borovcanin's acts in ordering his men to participate constituted a
substantial contribution to the crime of forcible transfer," the Trial
Chamber found.

On 13 July 1995, Borovcanin was present at the Kravica warehouse were over
1,000 Bosnian Muslim men were detained. He saw about a busload of dead
bodies in front of the warehouse and had sufficient information that his
subordinates had committed the crime of murder. Borovcanin however failed to
take the necessary and reasonable measures required to punish his
subordinates.

After seeing the evidence of executions Borovcanin removed himself and his
men from the Kravica warehouse as quickly as he could. The Chamber found
that Borovcanin had the means to protect the remaining prisoners and knew
that it was probable that the prisoners would be killed. His failure to
protect them substantially contributed to the full-scale execution which
later took place at Kravica Warehouse.

Having been involved in the drafting of the Supreme Command Directive,
Radivoje Miletic had full knowledge from the early stages of "the common
criminal plan to force the Bosnian Muslim populations from the Srebrenica
and Zepa enclaves and he was instrumental in the plan being captured in
writing for dissemination."

Considering the scale and scope of the military attack on and the operations
to forcibly remove the Bosnian Muslims from the enclaves, coordination from
the Main Staff level was essential and Miletic was at the centre of this
coordination.

The Chamber found, Judge Kwon dissenting, that based on Miletic's level of
involvement and his in-depth knowledge and broad overview of the massive
operation in Srebrenica "it was foreseeable to him that murder would be
committed in Potocari and that these murders would be committed with the
specific intent to discriminate on political, racial or religious grounds."

As one of the most senior officers of the VRS Main Staff, Milan Gvero played
an important role in Srebrenica and Zepa operations. Like Miletic, Gvero was
involved in the drafting of the Directive and thus knew of the plan to
forcibly remove the populations from the Srebrenica and Zepa enclaves from
its very inception.

During the Srebrenica and Zepa operations, Gvero carried out key functions
relating to external propaganda and interaction with international
organisations, with the aim to support the plan to forcibly transfer the
populations from the enclaves by delaying any action by international forces
that could frustrate the VRS' plans.

He made a significant contribution to the JCE to forcibly remove the Muslim
population from Srebrenica and shared the common intent.

While Pandurevic was not a member of the JCE to forcibly remove, as
Commander of the Tactical Group 1, Pandurevic contributed to the plan to
forcibly transfer the Bosnian Muslims from Srebrenica by taking part in the
attack on 6 July, entering the city on 11 July. While Pandurevic received
information about the detentions, executions and burials in Pilica,
Petkovci, Rocevic, Orahovac and Branjevo Military Farm, there was no
evidence to show that he participated, ordered, authorised or otherwise
approved the participation of his subordinates in the murder operation.

However in relation to execution sites in Zvornik area, on 15 July
Pandurevic had reason to know that his subordinates were providing practical
assistance to the execution of the Muslim detainees held there. The evidence
before the Trial Chamber shows that Pandurevic did not genuinely attempt to
take any measures within his powers in order to prevent any further or
continued participation of his subordinates in the murder operation.

The Trial Chamber also found that on 16 July Pandurevic opened a corridor to
allow passage of a column of Bosnian Muslims through Zvornik Brigade
territory to the territory held by the 2nd Corps of the Army of Bosnia and
Herzegovina, contrary to the orders he had received from his superiors.
Thousands of men passed through this corridor. After the corridor was closed
elements of the Zvornik Brigade searching the terrain for the soldiers of
the ABiH located 10 wounded Bosnian Muslim men who were transferred from the
Zvornik hospital to the clinic of the brigade.

Pandurevic requested instructions from the Drina Corps regarding the wounded
Bosnian Muslim prisoners in his custody and was informed that Popovic would
come to take them. On 23 July the wounded men were placed in Popovic's
custody and the Trial Chamber found him responsible for their death. While
Trial Chamber did not find that Pandurevic possessed the intent to murder
the ten men, the majority held - Judge Kwon dissenting - that Pandurevic
knew it was probable they would be murdered once they were transferred into
Popovic's custody.

"By failing to intervene, Pandurevic failed to discharge his legal duty to
protect the wounded prisoners and therefore substantially contributed to the
murder of these ten men," the Chamber found.

This trial has been the largest conducted to date at the ICTY. Trial
proceedings in this case commenced on 21 August 2006 and concluded on 15
September 2009. The trial took a total of 425 days during which the Trial
Chamber heard or otherwise admitted evidence from 315 witnesses: 182 by the
Prosecution; 132 by all the Defence teams and one by the Trial Chamber.
There are 5,383 exhibits before the Trial Chamber, amounting to 87,392 page
numbers.

The Tribunal has indicted a total of 21 individuals for crimes committed in
Srebrenica. Among these are Radislav Krstic who was the first individual to
be convicted of aiding and abetting genocide in Srebrenica on 2 August 2001.
The Appeals Chamber sentenced him to 35 years' imprisonment on 19 April
2004. The trials of Radovan Karadzic, Zdravko Tolimir as well as Jovica
Stanisic and Franko Simatovic are ongoing. To date, Ratko Mladic, the
war-time leader of the Bosnian Serb Army also charged with genocide in
Srebrenica, remains a fugitive.

Since its establishment, the Tribunal has indicted 161 persons for serious
violations of humanitarian law committed on the territory of the former
Yugoslavia between 1991 and 2001. Proceedings against 123 have been
concluded. Proceedings are currently open for 40 Accused with 25 at trial
stage and 11 before the Appeals Chamber.
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