TABLE OF CONTENTS
I. INTRODUCTION
II. FINDINGS OF FACT
A. The Take-Over of Srebrenica and its Aftermath
1. 1991-92: The Break-Up
of the Former Yugoslavia
2. 1992-1993: Conflict in Srebrenica
3. April 1993: The Security Council Declares
Srebrenica a “Safe Area”
4. Early 1995: The Situation in the Srebrenica
“Safe Area” Deteriorates
5. Spring 1995: The Bosnian Serbs Plan To
Attack the Srebrenica “Safe Area”
6. 6-11 July 1995: The Take-Over of Srebrenica
7. The Bosnian Muslim Civilians of Srebrenica
(i) The Humanitarian
Crisis in Potocari: 11-13 July 1995
(ii) 12-13 July: Crimes
Committed in Potocari
(iii) 12-13 July 1995: The Transport
of the Bosnian Muslim Women Children and Elderly from Potocari
(iv) The Separation of the Bosnian Muslim
Men in Potocari
(b) The Column of Bosnian Muslim Men
8. The Execution of the Bosnian Muslim Men from Srebrenica
9. Forensic Evidence of the Executions
10. The Number of Men Executed by the Bosnian Serb Forces
Following the Take-over of Srebrenica in July 1995
11. A Plan to Execute the Bosnian Muslim Men of Srebrenica
12. Widespread Knowledge of the Crimes
13. The Impact of the Crimes on the Bosnian Muslim Community
of Srebrenica
14. Conclusions
B. The Role of the Drina Corps in the Srebrenica Crimes
(a) Background to the Drina Corps
(b) Codes and Numbers Used by the Drina Corps in July
1995
(c) Reliability of Intercepted Communications
(a) The Objective of Krivaja 95
(b) The Shelling of Srebrenica: Terrorisation of the
Civilian Population
3. Involvement of Drina Corps Personnel in the Events at Potocari: 11-13 July 1995
(a) Transport of the Bosnian Muslim Civilians out of Potocari
(i) Meeting at Hotel Fontana on 11 July 1995 at 2000 Hours
(ii) Meeting at the Hotel Fontana on 11 July 1995 at
2300 Hours
(iii) Meeting at the Hotel Fontana on 12 July 1995 at
1000 Hours
(iv) Organisation of the Buses
(v) The Presence of Drina Corps Officers in Potocari
on 12 and 13 July 1995
(vi) A Forced or Voluntary Movement?
(b) The Crimes Committed in Potocari on 12-13 July 1995
(c) The Separation of the Men in Potocari
4. Involvement of the Drina Corps in Action against the Bosnian Muslim Column
(a) Combat against the Column
(b) Capture of Bosnian Muslim Men from the Column
(i) General Knowledge that Bosnian Muslim Men were Being Captured
from the Column
(ii) 13 July 1995: Participation in the Capture of Prisoners
along the Bratunac -Konjevic Polje Road
(iii) 12-15 July 1995: Involvement with the Detention
of Bosnian Muslim Prisoners in Bratunac
(iv) 13-16 July 1995: Zvornik Brigade Knowledge of Bosnian
Muslim Prisoners detained in its Zone of Responsibility
(v) Capture of Prisoners during Drina Corps Sweep Operation
in the Former Enclave
5. Involvement of the Drina Corps in the Mass Executions
(a) The Morning of 13 July 1995: Jadar River Executions
(b) The Afternoon of 13 July 1995: Cerska Valley Executions
(c) Late Afternoon of 13 July 1995: Kravica Warehouse
(d) 13-14 July 1995: Tisca
(e) 14 July 1995: Grbavci School Detention Site and Orahovac
Execution site
(f) 14 - 15 July 1995: Petkovci School Detention Site
and Petkovci Dam Execution Site
(g) 14 - 16 July 1995: Pilica School Detention Site and
Branjevo Military Farm Execution Site
(h) 16 July 1995: Pilica Cultural Dom
(i) Kozluk 89
(j) Smaller Scale Executions following the Mass Executions
(k) The Reburials
6. The Chain of Command in Operation for the Drina Corps: July 1995
(a) Parallel Chains of Command
(i) Did the VRS Main Staff exclude the Drina Corps Command
from the Srebrenica Follow -up Operations?
(ii) Were the Security Organs Operating in Secret?
(i) The 10th Sabotage Detachment
(ii) The 65th Protection Regiment
(iii) The MUP
7. Conclusions about the Involvement of the Drina Corps in the Srebrenica Crimes
C. The Role of General Krstic in the Srebrenica Crimes
1. Background Information
2. Summary of the Defence Case
3. The Command Position Held by General Krstic Throughout
the Relevant Period
(a) The Evidence
(b) Conclusions
4. The Role of General Krstic in Krivaja 95
5. 12-13 July 1995: The Role of General Krstic in the
Removal of the Bosnian Muslim Women, Children and Elderly from Potocari
(a) Attendance at the Hotel Fontana Meetings
(b) Organisation of the buses
(c) Presence in Potocari
(i) 12 July 1995
(ii) 13 July 1995
6. The Role of General Krstic in the Executions
(a) Evolution of the Plan to Execute the Military Aged Bosnian
Muslim Men of Srebrenica
(b) Separation and Mistreatment of the Bosnian Muslim
Men in Potocari
(c) Separation of the Bosnian Muslim Men in Tisca
(d) The Bosnian Muslim Column and the Capture of Prisoners
(e) General Krstic’s Involvement in the Executions
(i) General Krstic and Colonel Beara Discuss the Deployment
of Troops to Assist in the Executions: 15 July 1995
(ii) The Recall of Colonel Pandurevic and the Zvornik
Brigade from Zepa: 15 July 1995
(iii) Knowledge of Colonel Popovic’s Activities on 16
July 1995
(iv) Conversation Between General Krstic and “OA” about
the Executions on 20 July 1995
(v) Contact Between General Krstic and Other Individuals
Involved in the Executions
7. Other Evidence that General Krstic Remained Informed of
Events Occurring in Srebrenica Before and After the VRS Military Take-Over on
11 July 1995
8. The Role of General Krstic in the Reburial and Cover-up
Operations
9. The Response of General Krstic to the Executions
D. Conclusions
E. Summary of the Trial Chamber’s Key Factual Findings
(i) General Findings
(ii) Findings Relating to the Drina Corps
(iii) Findings Relating Specifically to General Krstic
A. Introduction
B. Murders
C. Extermination
1. Serious bodily or mental
harm
2. Cruel and Inhumane Treatment
E. Deportation or Forcible Transfer
1. General Considerations
2. Evaluation of the facts
(a) Lawfulness of the
transfer
(b) The compulsory nature of the transfer
(c) The fact of the transfer within the
borders of Bosnia-Herzegovina
(a) A group, as such
(b) Intent to destroy the group in whole
or in part
(i) Intent to destroy
(ii) “In part”
H. Criminal Responsibility of General Krstic
1. Introduction
2. The criminal responsibility of General
Krstic for the crimes proved at trial
(a) General Krstic’s
responsibility for the crimes committed at Potocari
(b) General Krstic’s criminal responsibility
for the killing of the military-aged Muslim men from Srebrenica
(i) Participation in
the genocidal joint criminal enterprise to kill the military-aged men
(ii) Participation in the other crimes
constituted by the killings
(iii) Responsibility for the killings
under Article 7(3)
(c) Conclusions on General Krstic’s criminal responsibility
I. Cumulative charging and convictions
(a) Cumulative Charging
(b) Cumulative Convictions
(i) Submissions of the
Parties
(ii) The Test Laid down by the Appeals
Chamber in the Celebici Case (« the Test »)
2. Application of the Test to the Concurrent Offences Specified in the Indictment
(i) Relationship between
Offences under Article 3 and Offences under Article 5
(ii) Relationship between Murder under
Article 5 and Persecutions
(iii) Relationship between Persecutions
(forcible transfer) and Other Inhumane Acts (forcible transfer)
(iv) Conclusions
(i) Relationship Between
Offences under Article 3 (war crimes) and Article 4 (genocide ) and between
Article 3 (war crimes) and Article 5 (crimes against humanity)
(ii) Relationship Between Offences under
Article 4 (genocide) and Article 5 (crimes against humanity)
A. The Applicable Provisions
B. General Sentencing Principles
1. General Practice on
Prison Sentences in the former Yugoslavia
2. Gravity of the Crime
3. Personal Situation of the Accused
(i) Criminal Participation
(ii) Premeditation and Motives of Crimes
(i) Mitigating Circumstances
Concomitant with the Commission of the Crimes
(ii) Mitigating Circumstances Posterior
to the Commission of the Crimes
