WAR
CRIMINALS
IN BOSNIA'S REPUBLIKA SRPSKA
2
November 2000
WHO ARE THE PEOPLE IN YOUR NEIGHBOURHOOD?
ICG Balkans Report N° 103
Sarajevo/Washington/Brussels
Table of Contents
MAP OF BOSNIA AND
HERZEGOVINA I
EXECUTIVE SUMMARY AND RECOMMENDATIONS ii
I. INTRODUCTION: CRIME AND PUNISHMENT IN REPUBLIKA SRPSKA 1
A. HIDING WAR CRIMINALS: A CONSPIRACY OF SILENCE 2
B. THE BACKGROUND: CRISIS STAFFS AND ETHNIC CLEANSING 3
C. WHO IS INDICTABLE? 5
D. WHO INDICTS AND ARRESTS? 8
II. WHO AND WHERE ARE THEY TODAY? 9
A. BIJELJINA 10
1. War Crimes Reported in Bijeljina 10
2. Today 11
(a) Mirko Blagojevic 11
(b) Vojkan Djurkovic 12
(c) Jovan Acimovic 13
B. BRATUNAC AND SREBRENICA 13
1. War Crimes in Bratunac in 1992 13
2. War Crimes Following the fall of Srebrenica, July 1995 14
3. Today 15
(a) Miroslav Deronjic 16
(b) Ljubisav Simic 17
(c) Miodrag Josipovic 17
(d) Miladin Simic 18
(e) Novak Stjepanovic 19
(f) Others 19
C. BRCKO 20
1. Reported War Crimes in Brcko 20
2. Today 21
(a) Djordje Ristanic 22
D. CAJNICE 22
1. Reported War Crimes in Cajnice/Rudo 22
2. Today 23
(a) Dusko Kornjaca 23
(b) Others 24
E. DOBOJ 24
1. Reported War Crimes in Doboj 24
2. Current situation in Doboj 25
(a) Milan Ninkovic 26
(b) Andrija Bjelosevic 26
(c) Vlado Djurdjevic 27
(d) Drago Ljubicic 27
F. FOCA 28
1. War Crimes in Foca 28
2. Today 28
(a) Zoran Vladicic 29
(b) Miodrag Koprivica 29
(c) Brane Cosovic 30
(d) Boro Ivanovic 30
(e) Vojislav Bodiroga 31
(f) Simo Mojevic 31
(g) Petar Mihajlovic 32
(h) Velibor Ostojic 32
(i) Petar Cancar 33
(j) Vojislav Maksimovic 33
G. GACKO AND TREBINJE 33
1. Reported War
Crimes in Gacko 33
2. Today 34
(a) Milijan Miric 34
(b) Bozidar Vucurovic 34
H. HAN PIJESAK 35
1. Reported War Crimes in Han Pijesak 35
2. Today 35
(a) Bogdan Todorovic 35
(b) Goran Kanostravac 35
(c) Dusan Gasevic 35
(d) Others 36
I. KLJUC 36
1. Reported War Crimes in Kljuc 36
2. Today 36
(a) Marko Adamovic 36
(b) Marko Samardzija 37
(c) Milan Tomic 37
J. PRIJEDOR 38
1. Genocide in Prijedor 38
2. Today 39
(a) Ranko Mijic 40
(b) Zivko Jovic 40
(c) Dusan Jankovic 40
(d) Simo Miskovic 41
K. ROGATICA 41
1. War Crimes in Rogatica 41
2. Today 41
(a) Rajko Kusic 42
(b) Mile Sokolovic 43
(c) Mladen Vasiljevic 44
L. SANSKI MOST 44
1. Reported War Crimes in Sanski Most 44
(a) Ethnic Cleansing, 1992 44
(b) Ethnic Cleansing in Northwest Bosnia, including Sanski Most, 1995 46
(c) Mass Graves in the Sanski Most region 47
2. Today 48
(a) Nedeljko Rasulo 48
(b) Vlado Vrkes 48
(c) Mirko Vrucinic 49
(d) Drago Vujanic 49
(e) Mikan Davidovic 50
(f) Branko Basara 50
(g) Pero Colic 50
(h) Others 51
M. SOKOLAC 52
1. Reported War Crimes in Sokolac 52
2. Today 53
(a) Milan Tupajic 53
(b) Milovan Bjelica 53
N. TESLIC 54
1. Reported War Crimes in Teslic 54
2. Current Situation in Teslic 55
(a) Savo Knezevic 55
(b) Nikola Peresic 55
(c) Milan Stankovic 56
(d) Mirko Slavulja 56
O. VISEGRAD 57
1. Reported War Crimes in Visegrad 57
2. Today 57
(a) Milan Lukic 58
(b) Sredoje Lukic 58
(c) Risto Peresic 59
(d) Momir Savic
59
P. VLASENICA 60
1. War Crimes in Vlasenica and in the Susica Concentration Camp 60
2. Today 61
(a) Rajko Dukic 61
(b) Goran Viskovic, "Vjetar" 63
(c) Milenko Stanic 63
(d) Rade Bjelanovic 64
Q. ZVORNIK 64
1. War Crimes in Zvornik 64
2. Today 66
(a) Dragan Spasojevic 66
(b) Branko Grujic 67
(c) Dragomir Vasic 68
III. WHY AREN'T THEY IN THE HAGUE? 69
A. AVOIDANCE METHODS 69
B. SFOR'S RELUCTANCE 71
C. INTERNATIONAL COMMUNITY RESPONSIBILITY 74
D. ICTY LIMITATIONS AND PROBLEMS 75
IV. KARADZIC AND THE SDS 77
A. WHAT ABOUT RADOVAN KARADZIC? 77
B. "SMALL FISH" ARE THE REAL PROBLEM 78
C. SHOULD THE SDS BE BANNED? 79
V. CONCLUSIONS 81
APPENDICES
A. About the International
Crisis Group
B. ICG Reports and Briefing Papers
C. ICG Board Members
WAR CRIMINALS IN
BOSNIA'S REPUBLIKA SRPSKA:
WHO ARE THE PEOPLE IN YOUR NEIGHBOURHOOD?
EXECUTIVE SUMMARY
Five years after
the signing of the Dayton Peace Accords, which brought an end to almost four
years of bloody war in Bosnia, many of those believed to have carried out some
of the war's worst atrocities remain at large. The continued presence in the
municipalities of Republika Srpska (RS) of individuals suspected of war crimes-some
indicated either publicly or secretly by the International War Crimes Tribunal
for the former Yugoslavia (ICTY)-represents a significant obstacle to the return
of ethnic minority refugees. It also undermines seriously Bosnia's chances for
building central institutions, generating self-sustainable economic growth,
and achieving the political transformation necessary to begin the process of
integration with the rest of Europe. Moreover, the continued commitment of most
war crimes suspects to the goal of a Greater Serbia, and their willingness to
use violence to achieve it, could-in the long term-provoke renewed conflict
in Bosnia and continued instability in the Balkans.
In many RS municipalities,
individuals alleged to have committed violations of international humanitarian
law during the 1992-1995 war-mass murder, ethnic cleansing, and mass rape-remain
in positions of power. They continue to work in the police force, hold public
office, exercise power through the legal and illegal economy, or influence politics
from behind the scenes. In eastern Republika Srpska in particular, many of these
"small fish," who served in the local Serb wartime administrations
and military units that carried out the policies of ethnic cleansing, remain
a frightening force, often actively working to prevent refugee return and moves
towards ethnic reconciliation.
2000 has seen a
number of organised violent incidents directed against returning refugees (and
in one case against the NATO-led Stabilisation Force (SFOR)) in Zvornik, Bratunac,
Srebrenica and Janje. The systematic armed attacks on Bosniak returnees and
their property-particularly in Janje and Srebrenica-demonstrate the continued
presence of paramilitary groups in the region, whose aim is to maintain instability
and discourage refugee return. Many of those involved in wartime ethnic cleansing
have links with these groups, as well as with military and paramilitary elements
in Serbia proper. SFOR's reluctance to give priority to making arrests has played
a major role in slowing implementation of the Dayton Peace Accords, and has
needlessly prolonged the international community presence.
Following the April
2000 Bosnian municipal elections, a number of individuals with questionable
war records assumed positions as municipal assembly members, speakers and mayors.
At least four of the recently elected Serbian Democratic Party (SDS) assembly
members have already been referred to local authorities for arrest and trial
under the "Rules of the Road" established by the ICTY in The Hague.
In one of the worst municipalities, Bratunac, seven of the thirteen recently
elected Serbian Democratic Party (SDS) candidates are allegedly connected with
war crimes. This municipality continues to represent a centre for Serb radical
national politics in the region, a fact demonstrated vividly during a violent
May 2000 attack on a bus convoy of Bosniak women.
This report names
individuals in eighteen Republika Srpska municipalities and the Brcko District
who are alleged to have committed indictable acts or supervised those who did
so, and are therefore potentially indictable for war crimes under the criteria
established by the ICTY. Yet they continue to play a prominent role in their
respective areas, and present significant barriers to the implementation of
the Dayton Peace Accords. Senior international officials know about them. Many
meet frequently with international officials and representatives of SFOR.
The influence of
potential war criminals at the municipal and entity level is an open secret
among international officials. The issue is often avoided, since it exposes
contradictions between the international community's commitment to justice and
the rule of law, on the one hand, and the temptations of political expediency,
on the other. And yet the persistence of radical politics in eastern RS follows
logically from the fact that the international community permitted the SDS of
indicted war criminal Radovan Karadzic to participate in post-Dayton "democratic"
elections. As one mayor in RS noted, "the SDS as a party protects war criminals
because to do otherwise would call its entire concept into question." More
significantly, the failure to arrest Karadzic himself has sent a message to
his wartime colleagues and political successors that they can obstruct return,
actively work against Dayton implementation, exploit nationalist sentiments,
and remain untouchable.
While acknowledging
the moral imperative to apprehend war criminals, some policymakers have disputed
the practical urgency of the issue, arguing that war criminals play a marginal
role in local politics. This report shows this assumption to be flawed. In addition
to the numerous individuals discussed below, Karadzic himself continues to operate
behind the scenes, taking part in the day to day running of the SDS. The continued
anti-Dayton activities of the SDS, as well as Karadzic's continued leadership
role, argue for excluding the party from participation in Bosnian political
life. If this is impracticable to achieve in the short remaining time before
the 11 November elections, the possible banning of the party should remain actively
on the international authorities' agenda with benchmark performance tests being
set and enforced.
The continued freedom
and influence of many individuals alleged to have been involved in war crimes
has a debilitating influence on the prospects for long term peace and stability
in Bosnia. Bosnia will never achieve the rule of law and inter-ethnic reconciliation
until many more suspected war criminals appear before the ICTY or locally authorised
courts. Only then will the local debate on war crimes pass from a debate about
evils committed by ethnic groups to a debate on evils committed by individuals.
Unfortunately,
the ICTY lacks the resources to even begin to fully carry out its mandate. The
overall number of indictments-both public and secret-remains disturbingly low:
measured in tens rather than hundreds. A number of war crimes cases have already
been referred by The Hague to local courts and more can be expected, but these
cases have simply shown up the inability of the Bosnian justice system, as presently
constituted, to handle war crimes cases. The report makes a number of recommendations
designed to give the ICTY the support it needs both to do its intended job and
to make an impact on the general public-both in Bosnia and throughout the former
Yugoslavia.
The report also
sets out a number of other measures the international community can undertake
to improve the situation, with little risk or additional expenditure. Much of
what is needed is simply a rationalisation of existing international community
efforts, with the primary focus on increased efficiency within the scope of
existing mandates and resources.
This report does
not purport to be a comprehensive list of those who allegedly committed war
crimes in RS; nor is there any suggestion that war crimes were committed only
in RS, or only by Serbs and not Croats and Bosniaks (i.e. Muslims). But it is
a particular matter of concern that Bosnian Serb authorities-in contrast to
those of other ethnic groups-have yet to arrest a single Serb war crimes suspect,
and have extended only minimal co-operation to the ICTY. The continued presence
in positions of some prominence of so many people suspected of grave crimes
remains a major obstacle to peace building.
If the report leads
to more effective international action against not only alleged Serb war criminals,
but those of other ethnic groups as well, Bosnia can only benefit. Only with
the disappearance from public and political life, by one means or another, of
the forces of extreme nationalism still determined to tear the country apart
at the seams, will the country and its people fully emerge from the horror of
the last decade.
RECOMMENDATIONS
International Criminal
Tribunal on the former Yugoslavia (ICTY)
1) Funding for
the ICTY should be increased through the UN to the extent necessary to enable
it to:
(a) significantly increase its caseload;
(b) conduct trials in Bosnia; and
(c) significantly extend its outreach activity.
NATO
) NATO governments
should order the immediate arrest of Radovan Karadzic.
3) With the active
support of the French and US governments, NATO should make a renewed effort
to arrest all indicted war criminals in Bosnia before the end of 2000.
4) NATO governments
should place war crimes evidence and information gained via electronic surveillance
at the disposal of the ICTY.
Bosnian Government
5) The Council
of Ministers should-within the context of its current efforts to develop a central
court-authorise the creation of a special war crimes tribunal, with an ethnic
balance similar to that of Bosnia's Constitutional Court, operating under the
ICTY's "Rules of the Road."
6) The tax administrations,
financial police and criminal police of Republika Srpska and the Federation
should investigate the financial activities of indicted war criminals to determine
if their assets were obtained through illegal means, and if so, seize these
holdings under applicable local criminal law.
Office of the High
Representative (OHR)
7) OHR should-in
co-operation with OSCE-take all steps available to exclude the SDS and its officials
from participation in Bosnian political life, including setting and enforcing
performance benchmarks by elected SDS officials (if the party is not banned
from participation in the November 2000 general elections).
8) OHR should use the powers at its disposal to preclude individuals reasonably
suspected of war crimes, including former members of wartime Crisis Staffs,
from holding positions as directors or members of the board of directors of
public companies.
9) OHR, in co-operation with the Independent Media Commission (IMC), should
seek ways to broadcast local language proceedings of the ICTY trials throughout
Bosnia on television.
10) The OHR anti-fraud
unit should expand its anti-corruption activities to include investigations
of the sources of income of suspected war criminals.
Organisation for
Security and Co-operation in Europe (OSCE)
11) OSCE should-in
co-operation with the OHR-decertify the SDS and its candidates from participating
in any further elections, including the November 2000 general elections.
12) OSCE should more actively use its powers to exclude from candidacy for public
office any individual suspected on reasonable grounds of involvement in war
crimes.
13) OSCE should require candidates to submit information on war time activities
as part of the registration process for candidacy.
14) OSCE should monitor more closely the personal financial disclosure documentation
provided by local politicians.
UN Mission in Bosnia and Herzegovina (UNMiBH):
15) UNMiBH should seek to further improve the efficiency and speed of implementation
of its screening checks of police, and act decisively to remove from police
functions individuals suspected on reasonable grounds of involvement in war
crimes.
Sarajevo/Washington/Brussels,
2 November 2000
WAR CRIMINALS IN BOSNIA's REPUBLIKA SRPSKA:
WHO ARE THE PEOPLE IN YOUR NEIGHBOURHOOD?
I. INTRODUCTION: CRIME AND PUNISHMENT IN REPUBLIKA SRPSKA
This report deals
exclusively with war crimes committed within the territory of Republika Srpska
(RS), the Serb entity within Bosnia. It is not meant to be a comprehensive list
of all those who are alleged to have committed war crimes in RS or, for that
matter, in Bosnia. The fact that it does not discuss war crimes committed by
Bosniaks or Croats does not mean that such crimes did not occur. Nor is it meant
to imply that the International Crisis Group (ICG) considers as less serious
war crimes committed by the Bosniak and Croat factions during the war. Rather,
it is an attempt to understand why, five years after the signing of the Dayton
Peace Accords, the RS remains openly obstructionist and defies the international
community's efforts to implement the key aspects of the Peace Agreement. It
is also an effort to understand why Bosnia's Serb authorities-in contrast to
those of other ethnic groups-have yet to arrest a single Serb war crimes suspect,
and continue to extend the bare minimum of co-operation to the International
Criminal Tribunal for the former Yugoslavia (ICTY). This obstructionism manifests
itself in numerous areas, such as the refusal to support Bosnia's central institutions;
obstruction to the formation of central state corporations for public services;
the refusal to implement property laws; and the constant lack of co-operation
with regard to minority refugee return. It also manifests itself in the refusal
to co-operate with the UN-appointed Office of the High Representative (OHR)
overseeing the civilian implementation of the Dayton Peace Accords.
This report examines
the continued presence of alleged war criminals-some of them subject to secret
indictment-and their impact on the quasi-closed society of the RS, in particular
their impact in the tightly knit municipalities of the region. The individuals
named in this report by no means represent a complete list of all those alleged
to have committed war crimes. Rather, the concentration on these individuals
is intended to identify a significant obstacle to Dayton implementation that
has been heretofore downplayed both by the NATO-led Stabilisation Force (SFOR)
and the international community.
A. Hiding War Criminals:
A Conspiracy of Silence
The dominant ideology espoused in the RS by a great many politicians and the
vast majority of citizens, asserts that the forced, planned ethnic cleansing
of the non-Serb population on a massive scale did not occur, and where it did,
it was not wrong. The reason for this is that many of the individuals responsible
for the ethnic cleansing remain in positions of power to this day, mostly at
the local levels of RS government. They function as pillars of their respective
communities, dispensing political and economic patronage. Many control the local
economies, both legal and illegal, while others continue to control illegal
paramilitary groups. In all RS communities, indicted and suspected war criminals
appear to enjoy respected status.
The conspiracy of silence extends to members of the RS police force, many of
whom-despite UNMiBH's International Police Task Force's (IPTF) mandate to monitor
them-have shady war records. To date, police in the RS have yet to arrest a
single indicted war criminal, even though they have an obligation to do so under
the Dayton Peace Accords. Rather, the RS police appear to be protecting these
individuals. This may be caused in part by the presence of numerous alleged
war criminals on the RS police force.
The depth of the problem and the degree to which it affects RS political life,
may be seen in the recent refusal by RS Minister of Defence Manojlo Milovanovic,
to attend a conference on Bosnian security issues in Norway. This refusal came
when international authorities could not guarantee that he would not be arrested
for war crimes. Milovanovic served as Chief of Staff of the RS Army during the
1992-1995 war, and is allegedly considered responsible for the war crimes committed
against civilians during the siege of Sarajevo. The current President of the
RS Supreme Court in Banja Luka, Jovo Rosic, served as a member of the Krajina
Regional Crisis Staff during the war, along with Hague indictees Radoslav Brdjanin
and Momir Talic. A list of allegedly secretly indicted individuals, created
in the RS Ministry of Defence and signed by Assistant Minister of Defence Grujo
Boric, included Rosic's name, suggesting that the Ministry either considers
him to be the subject of a secret indictment, or that grounds for his indictment
exist.
This pattern of individuals with potentially problematic backgrounds in positions
of authority or influence repeats itself in a number of RS municipalities. In
Bratunac, for example, two local officials were quoted in early 1996 as denying
that the Srebrenica massacre had ever occurred. Both of these individuals were
allegedly implicated in ethnic cleansing in the region by numerous sources.
Both continue to serve on the Bratunac municipal assembly.
When RS Prime Minister Milorad Dodik finally admitted this year that a mass
crime had been committed in Srebrenica, and that the loved-ones of the victims
have a right to commemorate this, it represented a major breakthrough in the
eyes of international observers. Such a statement by an RS public official had
never been made, and to this day could not be made publicly in eastern RS. Another
exception to this rule of silence and denial was a series of articles which
came out in 1999 in the independent RS newspaper Nezavisne Novine, detailing
war crimes committed by Serb forces at Koricani and in Teslic. The articles
asked why the individuals responsible had not been brought to justice, and urged
the RS government to put them on trial. Following publication, a car bomb attack
on the newspaper's editor, Zelko Kopanja, cost him both legs.
To understand the depths to which this code of silence penetrates the RS, one
must understand Radovan Karadzic's Serbian Democratic Party (SDS) and the role
it played in planning, facilitating, and implementing ethnic cleansing from
1992 to 1995.
B. The Background: Crisis Staffs and Ethnic Cleansing
In 1992, following the referendum on Bosnian independence, the SDS, led by Karadzic,
implemented a political and military plan to occupy the northern and eastern
sections of Bosnia and Herzegovina in order to create "ethnically pure"
Serb territory. This plan was executed through overt military aggression, in
co-operation with the pro-Serb Yugoslav National Army (JNA), Serbian paramilitary
units and locally recruited "Territorial Defence" (TO) units.
From 1992 to 1995, throughout Bosnia, Serb military occupation and civilian
administrations were accompanied by brutally efficient and well-planned campaigns
of "ethnic cleansing," designed to make the populations of Serb-administered
territories exclusively Serb. The actual mechanics of ethnic cleansing included
the random and mass executions of civilians, torture, rape, detainment in concentration
camps, usurpation and destruction of private property, destruction of religious
and cultural monuments, systematic discrimination, and massive forced deportation
to territories controlled by non-Serb ethnic groups.
These atrocities are well documented and form the basis of a number of public
and sealed indictments from the ICTY against members of the Serb civilian and
military authorities. The scope of the problem is illustrated by the Bosniak
component of the Federation government, which presented the ICTY with more than
4,000 dossiers containing evidence concerning individuals who participated in
war crimes. The dossiers contained information regarding a wide range of individuals,
including those responsible for organising the war crimes, as well as those
who implemented them.
When Serb forces took over a municipality, they worked in close co-ordination
with local "Crisis Staffs," comprised of SDS members and key police,
civilian, and military authorities. These municipal Crisis Staffs were administered
within the framework of regional Crisis Staffs of the so-called "Serb Autonomous
Regions." These Crisis Staffs played a crucial and central role in planning
and executing ethnic-cleansing operations. Their activities included the establishment
and administration of concentration camps, co-ordinating the arrival and logistics
of Serbian paramilitary units, creating lists of influential, rich or powerful
non-Serbs for "liquidation," forming local territorial defence units,
and numerous other tasks. Often these staffs overlapped with or transformed
into bodies known as municipal "war councils" or "war presidencies."
A United Nations report on the municipality of Prijedor illustrates how these
Crisis Staffs functioned, as well as their role in organising and implementing
war crimes:
When the Serbs took power in the district of Prijedor, they immediately declared
the existence of a Crisis Committee of the Serbian district of Prijedor (Krizni
Stab Srpske Opstine Prijedor). Some of the members of this crisis committee
were the military commanders Colonel Vladimir Arsic and Major Radmilo Zeljaja,
and other district leaders, such as Major Slobodan Kuruzovic; the Chief of Police,
Simo Drljaca; Mayor Milomir Stakic; the President of the Executive Board of
the Assembly in Prijedor, Mico Kovacevic; the President of the Serbian Democratic
Party (Srpska Demokratska Stranka or SDS) in Prijedor, Simo Miskovic; and the
President of the Red Cross in Prijedor, Srdjo Srdic.
In the context of the Crisis Staff, the military commanders, police and civilian
administrators functioned together, and in co-operation with the regional authorities
of the Banja Luka Security Centre (police) and the RS Ministry of the Interior.
The Crisis Staff organised and executed the military take-over and ethnic cleansing
of the region, murdering, torturing, raping and robbing the non-Serb residents
and deporting them to local and regional concentration camps.
Today, key actors in these regional and municipal Crisis Staffs occupy some
of the most prominent positions in RS political and economic life.
C. Who Is Indictable?
In order to discuss
the issue of war crimes, it is necessary to briefly review the applicable international
law and the jurisdiction of the ICTY. A first important distinction is between
"war crimes," defined as violations of international humanitarian
law, and violations of international human rights covenants. International humanitarian
law-often known as the "laws of armed conflict" or the "laws
of war"-encompasses rules to prevent infliction of unnecessary suffering
on soldiers and non-combatants in the context of an armed conflict. International
humanitarian law has evolved and been codified over the last century, but the
most definitive expression lies in the Geneva Conventions of 1949. Human rights
law, in contrast, concerns certain inalienable rights to which all individuals
are entitled, whether or not in the context of armed conflict.
The ICTY Statute
grants jurisdiction to the tribunal for prosecution of four categories of crimes:
a) Grave breaches
of the Geneva Conventions of 1949: This category includes the following acts
against persons or property under the provisions of the relevant Geneva Convention:
b) Wilful killing;
c) Torture or inhuman treatment;
d) Wilfully causing great suffering or serious injury to body or health;
e) Extensive destruction and appropriation of property;
f) Compelling a prisoner of war or a civilian to serve in the forces of a hostile
power;
g) Wilfully depriving a prisoner of war or a civilian the rights of fair and
regular trial;
h) Unlawful deportation or transfer or unlawful confinement of a civilian; and
i) Taking civilians as hostages.
2) Violations of
the laws or customs of war: The Tribunal's jurisdiction is not limited to enumerated
acts, but the following are specifically identified:
a) Employment of poisonous weapons or other weapons calculated to cause unnecessary
suffering;
b) Wanton destruction of cities, towns or villages;
c) Attack, or bombardment, by whatever means, of undefended towns, villages,
dwellings, or buildings;
d) Seizure of, destruction or wilful damage done to institutions dedicated to
religion, charity and education, the arts and sciences, historic monuments and
works of art and science; and
e) Plunder of public or private property.
3) Genocide: The
definition of genocide from the United Nations Convention on the Prevention
and Punishment of the Crime of Genocide was applied without amendment to the
ICTY jurisdiction.
4) Crimes against humanity: The Tribunal was given the power to prosecute the
following acts when committed in armed conflict and directed against any civilian
population:
a) Murder;
b) Extermination;
c) Enslavement;
d) Deportation;
e) Imprisonment;
f) Torture;
g) Rape;
h) Persecutions on political, racial and religious grounds; and
i) Other inhumane acts.
Since individuals
in a military chain of command perpetrated many of the crimes under The Hague's
jurisdiction, it is particularly important to consider how individual criminal
responsibility is distributed between the actual perpetrators and their superiors.
The ICTY statute and case law from the Tribunal have been quite clear on this
issue. Article 7 of the ICTY statute states:
1) A person who
planned, instigated, ordered, committed or otherwise aided and abetted in the
planning, preparation or execution of a crime referred to in articles 2 to 5
of the present Statute shall be individually responsible for the crime.
2) The official position of any accused person, whether as Head of State or
Government or as a responsible Government official, shall not relieve such a
person of criminal responsibility nor mitigate punishment.
3) The fact that any of the acts referred to in articles 2 to 5 of the present
Statute was committed by a subordinate does not relieve his superior of criminal
responsibility if he knew or had reason to know that the 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 perpetrators thereof.
4) The fact that an accused person acted pursuant to an order of a Government
or of a superior shall not relieve him of criminal responsibility, but may be
considered in mitigation of punishment if the International Tribunal determines
that justice so requires.
Thus, superiors
can be held individually responsible for crimes committed by their subordinates
in two ways. First, through Article 7(1) they are held responsible for directly
ordering, planning, instigating or aiding and abetting in the planning and preparation
of a crime. Second, through Article 7(3) they are held responsible for failing
to prevent or punish criminal action committed by their subordinates, of which
they knew or had reason to know.
Given the provisions
of Article 7 of the Statute of the ICTY concerning the responsibility of persons
in authority, one would expect that the Crisis Staffs would come under suspicion
in municipalities where war crimes have occurred. And this has indeed been the
case. In Prijedor, for instance, two members of the wartime municipal Crisis
Staff have been publicly indicted by the ICTY. Two members of the Krajina/Banja
Luka regional Crisis Staff have also been publicly indicted.
In this regard,
the ICTY's Bosanski Samac indictment is instructive. The case examines the events
surrounding the Serb occupation of the municipalities of Bosanski Samac and
Odzak, focusing on the fact that almost 17,000 non-Serb residents were expelled
from Bosanski Samac in April and May of 1992 and about 22,000 from the Odzak
municipality in July of that year. The indictment charges five members of the
municipal Crisis Staff with "Crimes Against Humanity," "Violations
of the Laws or Customs of War," and "Grave Breaches of the Geneva
Conventions," stemming from their role in ethnic cleansing. The President
of the local SDS and the Municipal Crisis Staff, Blagoje Simic, is said to be
"criminally responsible as a superior for the acts of his subordinates,
pursuant to Article 7(3) of the Statute of the Tribunal." The President
of the Executive Board of the municipal assembly and second in charge of the
Municipal Crisis Staff, Milan Simic, is also accused of criminal responsibility
for his subordinates. Miroslav Tadic, a member of the Crisis Staff and Chairman
of the "Exchange Commission," Stevan Todorovic, the Chief of Police
and a member of the Crisis Staff, and Simo Zaric, the deputy to the President
of the war council for security matters, are also indicted. In other words,
the ICTY has placed clear command responsibility on the local and regional Crisis
Staff, and indicated that its members are indictable.
Yet these public
indictments seem to beg the question: what about the large number of local police,
military and civilian SDS commanders in the Crisis Staffs of other cities in
RS where atrocities were committed, whose members have not been publicly indicted?
What responsibility do they bear? Are they indictable under the Statute of the
ICTY?
D. Who Indicts
and Arrests?
In discussing indictments
and arrests of suspected war criminals, it is important to clarify the role
of local judicial and police authorities and that of the ICTY and SFOR. First
it must be understood that an individual may be under indictment by either local
authorities, or by the ICTY, or both concurrently, for violations of humanitarian
law, i.e. war crimes.
Article 9 of the
Statute of the Tribunal states that Bosnian authorities and the ICTY have concurrent
jurisdiction over such cases, although the ICTY has "primacy" over
the Bosnian courts. This means that "[a]t any stage of the procedure, the
International Tribunal may formally request national courts to defer to the
competence of the International Tribunal."
In addition, Bosnian
legal authorities are governed in their dealings with war crimes suspects by
a set of procedural requirements adopted under the Rome Agreement in 1996, known
as the "Rules of the Road". Under these rules, all Bosnian legal authorities
are obligated to submit to the Office of the Prosecutor of the Tribunal, with
accompanying evidence, lists of individuals they believe to have committed serious
violations of humanitarian law. The Office of the Prosecutor reviews this documentation
and returns it to authorities, classifying the case according to one of seven
lettered categories. If the Office of the Prosecutor determines that grounds
for suspicion have been demonstrated, then the Office classifies the case as
"Category A," informing local authorities that they may arrest the
suspect and begin proceeding against him in the local judicial system. "Category
B" indicates that there is insufficent evidence, "Category C"
that more evidence is required, "Category D" that the ICTY will have
precedence over that individual as a witness, and so on.
The "Rules
of the Road" were created in 1996 to prevent local authorities from using
arrests in a random or politicised manner to block freedom of movement between
Republika Srpska and the Federation. They require local authorities to obtain
the approval of the Office of the Prosecutor of the ICTY before arresting and
trying suspects in local courts.
It is important
to stress that the Office of the Prosecutor's procedure for approving requests
by local authorities to initiate local legal proceedings against suspects, and
the issuing of indictments, public or sealed, by the ICTY itself are separate
and concurrent processes. In the case of ex-Presidency member Momcilo Krajisnik,
for example, Bosnian legal authorities sent their dossier to the Office of the
Prosecutor of the ICTY under the "Rules of the Road," and the Prosecutor
approved their local proceedings against Krajisnik, as a "Category A"
suspect. At this point the local authorities were authorised to arrest Krajisnik.
At the same time, however, the ICTY itself had issued an indictment against
him, which served as the basis for his subsequent arrest by SFOR.
The Krajisnik case
points to the inherent inability of local judicial authorities to deal with
war crimes cases. Most Serb suspects placed under "Category A" by
the ICTY have been indicted by the authorities in the Federation, who are powerless
to arrest suspects living and working in Republika Srpska. Likewise, RS judicial
authorities do not have access to Bosniak and Croat suspects living in the Federation
who may fall under "Category A." For this reason, Bosnia requires
a strong central government court for trying war crimes cases. Police in both
entities would be obligated to carry out arrest warrants from this court. Alternatively,
the ICTY could begin carrying out some of its own war crimes proceedings in
Bosnia.
A number of elected
officials and other individuals discussed in this report fall under "Category
A," i.e. the Office of the Prosecutor has determined that sufficient evidence
exists for the local justice system to arrest and begin legal proceedings against
them. These individuals may or may not be concurrently on the ICTY's sealed
indictment list.
II. WHO AND WHERE ARE THEY TODAY?
This section examines
eighteen of the more problematic municipalities in RS today, as well as the
Brcko District, and, using the criteria established by the ICTY, discusses numerous
individuals whose alleged wartime behaviour appears to meet ICTY criteria for
indictment and whose very presence and actions present an obstacle to implementation
of the Dayton Peace Accords. ICG does not claim that the individuals named in
this report are guilty of war crimes; rather, using ICTY criteria, we point
out the presence of numerous individuals who appear potentially indictable.
A similar approach appears to have been used by the RS Ministry of Defence when
compiling its own list of 74 individuals in RS who it considers potentially
indictable under the criteria used to date by the ICTY. Interestingly, it appears
the purpose of this list was to alert these individuals to the potential danger
of arrest. Although the Defence Ministry report was published several months
after research began for this report, many of the names on the Defence Ministry
list coincided with names being investigated for the report.
ICG knows that
some of the individuals discussed in this report are already on the ICTY's secret
indictment list. However, out of respect for the ICTY, and in order not to prejudice
ICTY proceedings, this report will not seek to further identify them. ICG is
also aware that a number of the individuals in this report fall into "Category
A," meaning that ICTY has acknowledged that sufficient evidence exists
to warrant their arrest and trial by local authorities. Most of these "Category
A" individuals have been indicted by local courts. Out of respect for the
Bosnian judicial process, ICG will not identify them further.
A. Bijeljina
WAR CRIMES REPORTED
IN BIJELJINA
Bijeljina, a mid-sized
city in north-eastern Bosnia, had a pre-war population of 96,796, of whom 59.4
per cent identified themselves as Serb and 31.3 per cent as Muslim. The remaining
citizens identified themselves as Croat, Yugoslav or "other." Strategically
located on the main road connecting Serbia with the Krajina and Posavina regions
of Bosnia, Bijeljina was the first town occupied by Serb forces. Zeljko Raznatovic
("Arkan"), the notorious head of the Serbian paramilitary "Tigers,"
came to Bijeljina in March 1992 and together with the local SDS began arming
local Serb units.
Serb forces occupied
the town in the first week of April, and were assisted in ethnic cleansing operations
by the "Tigers" and the "Panthers," as well as a large number
of local Serbs. The "Panthers" were controlled by Ljubisa Savic Mauser,
who personally co-ordinated the activities of the local community SDS Crisis
Staffs.
Starting in April,
Serb forces began a campaign of terror directed against local non-Serb residents,
harassing them, robbing and destroying property and summarily executing unarmed
civilians. There were reports of mass executions. "Although it is clear
that many people were killed in Bijeljina in the first days of April 1992, in
particular political leaders, businessmen and other prominent Bosniaks, the
exact number remains unknown. Amnesty International claims that up to 40 people
were killed, but other sources claim that the death toll may have been as high
as several hundred or even a thousand."
The large village
Janje, located just a few kilometres from Bijeljina town, fell to the Serbs
quickly. Although, as in Bijeljina, Janje was handed over rather peacefully,
terror followed. Many citizens remained in Janje, despite the killings, maltreatment,
and forced mobilisation for the army and labour, until 1994, when in the space
of a month a few thousand civilians were expelled, and about 1,000 detained
in concentration camps.
During the war,
thousands of Bijeljina residents were expelled or deported to Batkovic and other
concentration camps established in the region. Following the occupation, a number
of non-Serb residents stayed, but they were subject to systematic discrimination
and harassment. Non-Serbs, especially Bosniaks, were subject to arrest and "disappearance."
Most were fired from their jobs or forcibly conscripted as soldiers or labourers.
Many were evicted from their homes or forced to accept Serb displaced persons
from other areas into their homes, who eventually forced them out. Reportedly,
any Bosniak was at the mercy of any Serb, not just the authorities. Ethnically
motivated violence was high, mostly perpetrated by displaced persons, but also
by local Serbs.
The approximately
5,000 Bosniaks and other non-Serbs who remained in Bijeljina continued to be
harassed by Major Vojkan Djurkovic, the head of the so-called exchange commission,
whose role seems to have been to expel systematically non-Serb residents while
also extorting money and property from them. During the war, the Belgrade-based
Humanitarian Law Fund learned that the "Bosnian Serb leadership has set
a quota for the Bijeljina area, whereby only 5 per cent of the region's 22,000
Muslims will be permitted to remain."
2. TODAY
A spate of violence
directed against Bosniak returnees to Janje and their property this summer met
with little reaction from local authorities, demonstrating that powerful forces
in Bijeljina still oppose implementation of the Dayton Peace Accords. It seems
likely that politically radical forces from within Bijeljina contributed to
the violence, as well as individuals from neighbouring municipalities. In addition
to the individuals mentioned below, individuals allegedly implicated in ethnic
cleansing in other parts of Bosnia now influence local politics in Bijeljina.
For example, Vlado Vrkes, the Deputy Head of the Sanski Most wartime Crisis
Staff, is today a rich and influential resident of Bijeljina. Some of the individuals
allegedly involved in the ethnic cleansing of Bijeljina are described below.
(a) Mirko Blagojevic
One of the paramilitary
leaders allegedly involved in the attack and ethnic cleansing of Bijeljina was
Mirko Blagojevic, who led a group called "Mirkovi cetnici." His group
also allegedly participated in the attack on Brcko. He is very active and powerful
in the Serbian Radical Party (SRS). The Provisional Election Commission forbade
the SRS from participating in the April 2000 elections because the party neither
replaced Blagojevic as Vice-President of the party nor two other party officials,
including party President Nikola Poplasen. In response, Blagojevic threatened
to block elections. He was quoted as saying, "We will react by organising
incidents, including very serious ones, to prevent holding the elections."
During the proceedings
of the Dusko Tadic case in The Hague, a witness described Mirko Blagojevic,
President of the SRS in Bijeljina and paramilitary leader, as someone who entered
the Luka camp in Brcko frequently to abuse prisoners. The witness described
one incident in which Blagojevic allegedly entered a cell and traced a cross
into the forehead of a prisoner with a knife.
Today Mirko Blagojevic
is one of the highest-ranking members of the Serbian Radical Party.
(b) Vojkan Djurkovic
A Major in Arkan's
paramilitary group, the "Tigers," Djurkovic served as the head of
the Commission for the Exchange of the Civilian Population in Bijeljina during
the war. The Commission arranged for the supposedly "voluntary" transport
of non-Serbs from Bijeljina to Bosnian-held territory. For this service, the
commission charged huge fees, and usually the civilians were forced to hand
over all their money, valuables and documents, and to sign away their property.
Reportedly, Djurkovic co-operated closely with Mauser's Panthers and other groups
in the forcible expulsion of the civilian population.
According to documents
handed over to the ICTY by the Bosnian government, Djurkovic allegedly organised
the detention of civilians in the Agricultural School in Bijeljina, from which
they could only be released after handing over all their money and valuables.
He also organised the separation of approximately 1,100 military age men who
were detained in concentration camps and forced to dig trenches on the front
lines. These documents also accuse Djurkovic of raping one of the civilians
whom the Exchange Commission was "assisting" on the night of 17-18
September 1994.
According to several
sources, Djurakvic and his cohorts allegedly forcibly expelled a massive group
of civilians from the Bijeljina region in July 1994, rounding up groups of civilians
and taking them to the front lines on trucks to be sent over to the other side.
Djurkovic was named as a main organiser of the expulsion of an estimated 6,000
non-Serbs from Bijeljina between 17 July and 12 October 1994.
Vojkan Djurkovic
lives in Bijeljina where he runs a detective agency.
(c) Jovan Acimovic
Jovan Acimovic,
as a member of the special police of the RS, allegedly played a major role in
the final wave of violent evictions of Bosniaks from Bijeljina just before the
signing of the Dayton Peace Agreement. Reports indicate that he continued to
be involved in evictions following Dayton.
Jovan Acimovic
is apparently a member of the Ugljevik municipality police.
UNMiBH confirmed
that he is currently undergoing screening for UN provisional authorisation.
B. Bratunac and
Srebrenica
1. WAR CRIMES IN
BRATUNAC IN 1992
Bordering Serbia
along the Drina River, the town of Bratunac fell under Serb control at the start
of the 1992-1995 Bosnian war. Local Serbs formed a Municipal Crisis Staff in
charge of making administrative and military decisions necessary to create an
ethnically pure municipality. During the 1992 take-over, local forces, the JNA's
Novi Sad Corps and Serbian paramilitaries ethnically cleansed the area of more
than 20,000 non-Serbs, committing rape, torture and murder against civilians,
as well as establishing concentration camps where numerous atrocities were committed.
The ethnic cleansing
of Bratunac and the conditions in the camps, particularly the local stadium
and the notorious "Vuk Karadzic" Primary School camp, are described
in Annex 8 of the UN Commission of Experts 1994 report:
By early May, Serb
forces had robbed, burned, destroyed, and ethnically cleansed the villages of
Hrancic, Glogova, Bijecevo, Krasnopolj, Miholjevici and a large part of Bratunac
itself. ...Serbian extremists arrested Muslims en masse. Many were taken to
the stadium or sport grounds and stripped of their possessions. The men were
separated from the women and children and then transferred to other detention
facilities.
One report cited
by the UN suggested that 6,000 to 7,000 men were detained in the local stadium,
where they were forced to donate blood. Many of those who survived the stadium
were then transferred to the "Vuk Karadzic" Elementary School, where
a number of other atrocities were committed.
The UN Special
Reporter detailed these alleged atrocities. As many as 600 men were crammed
into the school hall and those who could not fit inside were shot with automatic
weapons in front of the hall. As in many other municipalities, authorities singled
out influential members of the community according to a list for particularly
harsh beatings. The authorities reportedly detained and beat the prisoners for
three days, before transferring them to the self-declared Bosnian Serb capital
of Pale. As many as 50 prisoners died on just the first night from the beatings,
while "nine others suffocated in the crush as the 500 to 600 struggled
to escape the beatings." "An Imam was allegedly beaten and stabbed
to death after refusing to take the Christian faith and raise three fingers
in the Serb manner."
A number of witness
statements detailed the brutal torture and murder of hundreds of Bosniak prisoners
by Serb paramilitary units and local authorities in April and May of 1992. This
included beatings with wooden and iron poles, cutting off of noses, ears and
genitals, cutting of crosses into the skin, burning victims alive in garbage
containers. In the latter instance, "[t]he open containers were then placed
under the windows of the containment area causing the smoke to fill the room.
The dead were later transported by trucks and disposed of in the river Drina."
Others prisoners died of starvation. Still others report that they were forced
to jump up and down on the corpses of tortured and executed prisoners.
2. WAR CRIMES FOLLOWING THE FALL OF SREBRENICA, JULY 1995
Srebrenica adjoins
the Bratunac municipality on the south, near the Serbian border. Following the
fall of the UN "safe haven" of Srebrenica in July 1995, Serb forces
systematically executed over 7,000 unarmed Bosniak men. Some of these men were
separated from the women and children in the enclave and bussed to massacre
sites, while others were apprehended in the following days trying to escape
to Bosniak territory. Massacre sites were located in the Srebrenica, Bratunac
and Zvornik municipalities. Strong evidence exists implicating the Bratunac
and Zvornik authorities and local military police in these massacres.
Local Serb authorities
from Bratunac have also been implicated in the massacre of thousands of unarmed
Bosniak men, as many were slain at massacre points in that municipality. Other
massacres occurred in the Zvornik municipality, located along the Drina River
to the north of Srebrenica, after the fall of Srebrenica. One particularly damning
piece of evidence is the statements of Dutch soldiers who were being held hostage
in Bratunac. They witnessed a number of buses of terrified male prisoners pass
by and heard frequent gunshots, especially from the direction of the soccer
field, one of the massacre sites. They also observed Serb military police leaving
Bratunac early in the morning and returning at night exhausted. "Some of
the Serbs chatted to the Dutch. Johan Bos, a 31-year-old sergeant, was quoted
in the Independent on Sunday on 23 July 1995: "They bragged about how they
had murdered people and raped women..."
3. TODAY
Despite significant
evidence of mass torture and murder committed by Serb authorities in Bratunac
in 1992, detailed in the first part of this section, the ICTY has not issued
a single public indictment related to these events. Nor has SFOR arrested a
single individual under sealed indictment for involvement in the 1992 Bratunac
atrocities. While The Hague has issued indictments against Karadzic, Mladic
and RS Army General Radoslav Krstic for the Srebrenica massacre, only Krstic
has been brought before the Tribunal. Moreover, no public indictments have been
issued for the involvement of local authorities from Bratunac, Srebrenica and
Zvornik in the massacres of men from Srebrenica, which took place in these municipalities,
with help from the local police and paramilitary units, in July 1995.
As a result, individuals
involved in planning and carrying out the 1992 and 1995 massacres remain in
these municipalities, making further Dayton implementation virtually impossible.
Five years after the Srebrenica tragedy and more than eight years after the
massacres in Bratunac, almost no Bosniaks have returned to Srebrenica or Bratunac.
In 1999, the Bosniak Secretary of the Srebrenica Municipal Assembly was reportedly
attacked and stabbed in the bathroom of the municipal building. Recent violence
and vandalism directed against minority returnees and their families in eastern
RS included the burning of at least seven newly reconstructed Bosniak homes
in Srebrenica in June and July 2000. In May of this year, a group of protesters
in Bratunac stoned a convoy of buses bringing women who survived the Srebrenica
massacre to a commemoration of the victims. Members of the international community
received information from reliable sources that certain local public officials
helped to organise this action.
Serb politicians
and citizens alike continue to insist that no Bosniaks were massacred. Many
of the same politicians and authorities in power in Bratunac in 1992 and 1995
remain active in local and regional politics, contributing to this ideology
of collective denial. These politicians were also in power in September 1995,
when US satellite imagery revealed attempts to destroy evidence of mass graves
in Glogova and Pilica. In 1996 local officials denied that the Srebrenica massacre
ever occurred, and continue to do so today.
(a) Miroslav Deronjic
One of the officials
who denied that massacres took place was Miroslav Deronjic, who served as President
of the Bratunac SDS and head of the Bratunac Crisis Staff in 1992, during the
murderous ethnic cleansing of Bratunac. Numerous sources implicated Deronjic
as one of the principal organisers of the atrocities committed in Bratunac during
the war.
Deronjic allegedly
played a crucial role in inviting and organising the arrival of Serbian paramilitaries,
such as the "Beli Orlovi," and Arkan's and Seselj's groups to Bratunac
in 1992. He reportedly contributed financially to the hiring of Arkan's paramilitaries
to kill respected Bosniaks. A witness allegedly saw Deronjic accompany a group
of Bosniak civilians into the Vuk Karadzic school where they were robbed and
massacred.
The indicted war
criminal General Radoslav Krstic confirmed that Deronjic was named as the Commissar
of the President of Republika Srpska for Srebrenica in 1995. The appointment
was made on 11 July, the day Srebrenica fell. Deronjic, along with Mladic and
Krstic, was present at the negotiations with Dutch UN peacekeepers and representatives
of the Bosniak refugees in the Hotel Fontana on that day. An OHR document claims
that at the time of the massacre Deronjic, minutes before a meeting with refugee
representatives, urged Bosnian Serb General Ratko Mladic not to bother meeting
with the Bosniaks because, "We are going to kill them all anyway."
On 17 July, Deronjic
brought a document which he had already signed to the Dutch UN Commander Major
Franken and Bosniak representative Nesib Mandzic, who were being held hostage
in the UN compound in Potocari. The two were effectively forced to sign a declaration
that the evacuation of civilians from Srebrenica had proceeded correctly and
in accordance with the Geneva Convention. Later they would learn the full truth,
that Serb forces had massacred thousands of unarmed Bosniak men.
Deronjic reportedly
played a key role in organising wartime ethnic cleansing throughout eastern
Bosnia and continues to wield his power to obstruct Bosniak return and Dayton
implementation. He reportedly maintains close links with Radovan Karadzic and
Ratko Mladic and co-ordinates logistics and security for the former in eastern
Bosnia.
Today Miroslav
Deronjic is a member of the Bratunac municipal assembly.
His election was
certified by the Organisation for Security and Co-operation in Europe (OSCE).
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Ljubisav Simic
Another official
who served in a decision-making position on the Crisis Staff, and later denied
that the Srebrenica massacre took place, is Ljubisav Simic. Simic allegedly
served as President of the municipal assembly from 1992-1995, was a close associate
of Deronjic and one of the main organisers of ethnic cleansing in Bratunac,
and was involved in the massacre in the gym of the 'Vuk Karadzic' elementary
school.
Today Ljubisav
Simic is a member of the Bratunac municipal assembly.
His election was
certified by the OSCE.
(c) Miodrag Josipovic
Yet another prominent
Bratunac official whose alleged wartime profile matches the criteria for indictment
by the ICTY is Miodrag Josipovic, the current mayor. According to a document
provided by an international organisation, Josipovic was the chief of the guards
in the "Vuk Karadzic" elementary school in 1992 and was seen together
with Radovan Karadzic during a massacre at the school. This document reports
that witnesses identified Josipovic as someone deeply involved in atrocities
committed against Bosniaks throughout the war. Local sources indicate that Josipovic
assumed the position of Commander of the Bratunac police in 1993, a position
he held until Dayton. As head of the Bratunac police, following the fall of
Srebrenica, he allegedly participated in organising massacres of Bosniak men.
He also allegedly organised the deportation of prisoners from Srebrenica to
Zvornik. Josipovic has also been allegedly closely connected to attempts to
cover-up mass graves and evidence of concentration camps at the end of the war.
More recently, Josipovic is reported to have been one of those who organised
the stoning of a convoy of Srebrenica widows on 11 May 2000.
Miodrag Josipovic
is the Mayor of Bratunac municipality.
His election was
certified by the OSCE.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
In May 2000, following
the establishment of the Bratunac municipal assembly, a Bosniak refugee citizens
group from Srebrenica and Zepa protested the election of Deronjic, Ljubisav
Simic and Josipovic to public office. The group labelled them "war criminals,
because as members of the Serb Emergency Provisional Government they were responsible
for the expulsion of 22,000 non-Serbs from Bratunac." Both the OSCE and
the Office of the High Representative (OHR) ignored this plea.
(d) Miladin Simic
Another influential
figure in Bratunac is Miladin Simic. Local sources allege that he participated
in ethnic cleansing in Mihaljevici, Suha and other villages outside Bratunac
in 1992, and that as a member of the Bratunac Infantry Leadership in 1995, he
participated in the massacre of Srebrenica deportees at Pilice.
Although the OHR
removed Simic from his position as President of the Municipal Assembly in November
1999, he remains one of the most influential figures in Bratunac. Following
his removal, Simic was elected to the Yugoslavian board of the ultra-nationalist
Serbian Radical Party (SRS). He reportedly continues to co-operate closely with
Deronjic, Josipovic and other members of the Bratunac government. Simic demonstrated
his continued influence recently by attending the inaugural session of the new
Municipal Council in Bratunac. Other parties filed a complaint with the OSCE
because Simic was making "threatening comments and inappropriate gestures."
He also "attempted to control the meeting with head and hand movements,
a fact he later admitted to international representatives."
Simic allegedly
heads an illegal paramilitary organisation in Bratunac, and has strong links
with "anti-terrorist" groups in the region and in Serbia. Members
of this group allegedly participated in ethnic cleansing in Bratunac in 1992
and are reportedly active in Zvornik, Bijeljina and other parts of eastern Bosnia.
When minority returns began in northern Bratunac earlier this year, Simic reportedly
showed up at the return area with approximately 25 men, wearing winter camouflage
uniforms. They later explained to the UN International Police Task Force (IPTF)
that they had been hunting.
Today Simic allegedly
controls a paramilitary group and exerts significant influence in Bratunac and
the region.
(e) Novak Stjepanovic
As the commander
of a local SDS paramilitary formation in Srebrenica in 1992, Novak Stjepanovic,
nicknamed "Krke", was allegedly one the organisers and participants
in ethnic cleansing in the region of Sase, Srebrenica and the settlements of
Sikiric, Biljaca, Zaluzje and Voljavica in Bratunac.
In May 1992, he
reportedly participated directly in the enslavement and detention of tens of
civilians in the administrative building of the zinc and iron mine in Sase,
Srebrenica. Stjepanovic and other paramilitaries allegedly horribly mistreated
these civilians, raping the young women and girls, and murdering some of the
civilians. Stjepanovic allegedly participated directly in the rapes. Then he
reportedly ordered that a group of 42 civilians be exchanged and they were shipped
off in two trucks. The group disappeared near Voljavica, Bratunac, most likely
murdered.
On 20 May 1992,
Stjepanovic, along with other paramilitaries, allegedly participated in the
execution of a group of civilians in Stari Majdan, Bratunac. He was also implicated
in the murder of civilians in Zaluzje, Bratunac. Stjepanovic received a four-year
jail sentence in 1995 for the murder of a Serb, which he served in Foca.
Novak Stjepanovic
is the current President of the Serb Radical Party (SRS) in Srebrenica.
He continues to
speak out publicly against the return of Bosniaks.
(f) Others
A number of other
public figures in Bratunac are reported to have participated in ethnic cleansing
during the war. Zlatko Celanovic reportedly handled security in Bratunac during
the war, and oversaw the interrogation of captured Bosniaks. Following the war
he is reported to have played a major role in the illegal reallocation of Bosniak
property in Bratunac.
Zlatko Celanovic
served as Secretary of the Bratunac Municipal Assembly until the April 2000
municipal elections, representing the Serb Radical Party.
He reportedly maintains
close contacts with former Mayor Miladin Simic, who was removed from his position
by the OHR.
Najdan Mladjenovic,
a driver in the "Vihor" company, allegedly commanded a local Serb
paramilitary unit in April 1992 which carried out attacks on the villages of
Hrance and Glogova, in which dozens of civilians were killed and others were
deported to the "Vuk Karadzic" concentration camp, described above.
Today Najdan Mladjenovic
serves as the director of the public company "Kartonaza" in Bratunac.
In addition to
current Bratunac authorities, some individuals believed to have participated
in war crimes in Bratunac now serve public functions in neighbouring municipalities.
For instance, the Commander of the Bratunac police in 1992 during the massacres
and atrocities in the first wave of ethnic cleansing was Luka Bogdanovic.
Today Luka Bogdanovic
is a police officer in Zvornik.
A number of other
influential citizens in Bratunac and Srebrenica reportedly participated in the
torture and execution of Bosniaks and continue to prevent minority returns and
Dayton implementation in eastern Republika Srpska. Many of these radicals have
strong links with Serbia, in terms of money and weapons flows, and paramilitary
activities. Politically radical groups in Bratunac and Srebrenica with strong
links to paramilitary groups continue to destabilise these municipalities, as
well as the nearby municipalities such as Bijeljina, Rogatica and Zvornik.
C. Brcko
1. REPORTED WAR
CRIMES IN BRCKO
Serb forces began
their attack on Brcko in May 1992, destroying both bridges leading over the
Sava River and into Croatia with artillery, and killing at least 50 civilians.
Preparations for the take-over and ethnic cleansing of the town of Brcko and
surrounding villages had begun in late 1991, and in April 1992 SDS authorities
gave an ultimatum over the radio. "SDS Assemblyman Ristanic declared that
Bosnia's Serbs wanted to be part of Yugoslavia. He announced that Brcko's Serbs
wanted the city broken into three parts, one each for Muslims, Serbs, and Croats.
...He insisted that division must take place by 3 May or there would be war."
Following the destruction
of the bridges, Serb forces began heavy bombardment of Brcko neighbourhoods
where Bosniaks and Croats were living. The JNA, locally mobilised forces and
Serbian paramilitaries then executed a campaign of terror, in which the property
of non-Serbs was systematically plundered and destroyed, many non-Serb civilians
were summarily executed, and thousands of non-Serbs were rounded up and imprisoned
in concentration camps. At the "stara dzamija," "Partizan,"
"Laser," and "Luka" camps, as well as at the police station
and other locations, a large number of prisoners were brutally tortured and
executed. Activities at the most notorious of these camps, the Luka camp, formed
the basis of a Hague indictment against two individuals, Goran Jelisic and Ranko
Cesic. According to the indictment, "During the time the Luka camp operated,
[May to July 1992] the Serb authorities killed hundreds of Muslim and Croat
detainees."
During this time, a Serb Crisis Staff administered the municipality, as in other
parts of Bosnia. The UN Commission of Experts named the members of this commission:
Reportedly, during
the first few days of May, the local Serbs established what was called the 'War
Presidency', a committee of local leaders representing important sources of
authority in the region. These allegedly included: the chief of niformed police,
Veselin Veselic; the commander of the military garrison, Colonel Pavle Milinkovic;
the commander of the Luka camp, Dzokic; the commander of the fire brigade, Kristo
Puric; the head of health, Milenko Vojinovic, aka Dr. Beli and reportedly in
the Bosnian Serb Assembly in Pale; the head of the judiciary, Todor Gavric;
the information director, Bosko Lomovic; the head of defence, Milutinovic; and
the police commander, Drago Vesiljevic. Djordje Ristanic was reported to be
the head of the executive body.
Among the Serb
paramilitary units active in the ethnic cleansing of Bijeljina, reports mention
the prominence of Ljubisa Savic "Mauser" and his "Panthers,"
as well as Mirko Blagojevic. Both of these groups were also active in the ethnic
cleansing of Bijeljina, discussed above.
2. TODAY
In March 2000,
then-Brcko Administrator Robert Farrand appointed an interim council for the
Brcko district that included individuals implicated in the ethnic cleansing
and atrocities committed in 1992 and 1993. To this day, there has been little
sustainable return of refugees to the city centre, and Brcko remains a focal
point for Serb nationalist activism, as seen in the organised violent four-day
anti-District and anti-Dayton demonstrations held in the city during October
2000. During these riots, demonstrators injured two police officers, attacked
a television crew from Tuzla and destroyed private property. The protesters
demolished a hairdressing salon, a local café, a Baptist church, and
the residences of international community officials. The primary targets were
properties owned by Bosniaks.
Although the demonstrators
were primarily local Serb high school students, they appear to have been well
organised and manipulated by radical Serb politicians. Local media reported
that SDS politicians pressured the director of the local high school to destabilise
the situation in Brcko. Students were also bussed in from Bijlejina.
(a) Djordje Ristanic
The head of the
Brcko Crisis Staff and President of the municipality in 1992 and 1993 was Djordje
Ristanic. A UN report claims that various sources mention him as allegedly one
of the principal decision-makers in the municipality at the time of the atrocities
described above.
Today Djordje Ristanic
is a member of the District Interim Council.
He was appointed
by former Brcko Administrator Robert Farrand in March 2000.
He is alleged to
have participated in organising the October 2000 anti-Dayton riots in Brcko.
D. Cajnice
1. REPORTED WAR
CRIMES IN CAJNICE/RUDO
In 1991 and 1992,
members of the local SDS began arming local Serbs and formed a paramilitary
unit called the "Plavi Orlovi." Following the division of the local
police along ethnic lines, Serb forces established military checkpoints at the
entrances of the town, and the President of the municipality and of the local
SDS, Dusko Kornjaca, ordered all Bosniaks to hand over their weapons. In April
1992, SDS leaders formed the "Stakorina" camp in Mostina, where Bosniaks
were tortured and killed. Allegedly, at least 76 civilians in the camp were
murdered and their bodies buried in the village of Jovanovici. Sources in the
local intelligence community allege that the "Plavi Orlovi," led by
Milan Kornjaca, committed these executions.
Following the establishment
of the camp, local, Serbian and Montenegrin paramilitaries attacked the surrounding
villages, summarily executing a number of civilians and deporting others to
the camp in Mostina. In the spring and summer of 1992, about 4,000 Bosniaks
were expelled from the Cajnice municipality. In addition, all mosques and buildings
of the Islamic community in Cajnice were destroyed.
2. TODAY
(a) Dusko Kornjaca
Dusko Kornjaca,
a medical doctor, served as the Defence Minister for the Serb Autonomous Region
of Herzegovina, head of the Cajnice Crisis Staff during the war, and President
of the Serb municipality of Cjanice. He is alleged to bear responsibility for
violations of international humanitarian law committed in Cajnice, Trebinje
and other parts of the region. Sources allege Dusko Kornjaca to have been the
most powerful figure in the area during the ethnic cleansing of Cajnice and
Rudo. As head of the Crisis Staff and President of the Municipality he played
an organising role in the deportation of non-Serbs from Cajnice, the establishment
of the Mostina camp where civilians were murdered, and the formation of paramilitary
groups. According to local media, Kornjaca returned to Bosnia fresh from the
war in Croatia and played an active role in the ethnic cleansing of Cajnice
and Rudo, as well as being active in Zvornik. In 1991, 45 per cent of Cajnice's
8,919 residents were Muslim. According to a local journal, Kornjaca was quoted
in the Serbian media in 1992 as saying, "Now, in Cajnice, there are no
Muslims, it is possible for them to leave here and go back to the place where
they left their ancestors in 1912."
Dusko Kornjaca
currently serves as the Mayor of Cajnice.
His election was
certified by the OSCE.
(b) Others
Milorad Zivkovic
was allegedly the Chief of Police in Cajnice during the war and throughout the
ethnic cleansing of the town.
Milorad Zivkovic
continues to serve as Chief of the Cajnice police.
UNMiBH confirmed
that he received provisional authorisation from the UN to carry out police functions.
Dusan Pejovic reportedly
served as a member of the Crisis Staff in Cajnice during the war. Along with
Kornjaca and others, he agreed to the formation of the camp in Mostina and reportedly
visited the camp in April 1992.
Pejovic is on the
candidates' list representing the SDS in the People's Assembly of Republika
Srpska in the upcoming November 2000 elections.
E. Doboj
1. REPORTED WAR
CRIMES IN DOBOJ
Doboj's prewar
population consisted of 41,164 Bosniaks, 39,820 Serbs, 13,264 Croats and 5,765
Yugoslavs, plus 2,536 "others."
In the spring of
1992 the JNA, Bosnian Serb paramilitaries and paramilitaries from Serbia and
Croatia occupied Doboj. These paramilitaries included Arkan's "Tigers",
Seselj's "White Eagles," and Martic's Militia, as well as the Serbian
"Red Berets":
They shelled and
set fire to two mosques and the Catholic Church. Croats and Bosniaks were ordered
to remain indoors as their homes were searched and looted. Male residents were
often arrested, and still others were beaten. Women were taken away on three
buses to a high school, where they were held for 28 days and raped repeatedly.
One report specifically mentions the Red Berets as allegedly responsible for
at least some of the rapes at the high school.
Having served as
a railway hub in the former Yugoslavia, Doboj now served as a point to which
detainees from other areas were shipped before being expelled to Croat or Bosniak
held territory or deported to other detention centres. These people were subject
to inhumane conditions in the trains and harassment, abuse, robbery and execution
by Serb soldiers along the journey. "In some instances, the soldiers required
that a ransom be paid by a specific car of detainees to ensure that the children
contained within would not be killed."
A UN report confirmed the existence of several camps in the Doboj area, a number
of them the scenes of frequent atrocities, including systematic rape. The Doboj
School gymnasium, whose existence was confirmed by the New York Times and Helsinki
Watch, held between 600 and 2,000 women and girls. "When the women arrived
at the school, they were 'classified' according to their education, financial
status and appearance. The ugly and poor women disappeared." Local Serb
militia, JNA, police forces from Knin and members of the Beli Orlovi reportedly
visited the camp.
The UN report describes
in harrowing detail how the women were subject to constant humiliation, torture,
starvation and rape by paramilitaries.
The Red Cross refugee camp, whose existence was confirmed by the US government,
served as a refugee camp for Serb refugees, but also as a detention centre for
Bosniaks and Croats. Serb soldiers wearing an "SMP" insignia entered
the camp at night and took non-Serb women to apartments where they were repeatedly
raped.
The report details
the conditions of a number of other camps in Doboj, including rape camps. Other
detention centres included the police station, where prisoners of political
interest to the Serbs were held, and frequently tortured; the Usoro military
facility, which was the scene of routine rapes, and the Vila Disco Bar, which
housed 200 to 414 Bosniaks. About 23 of these prisoners died when the Serbs
used them as "living shields" in combat.
2. CURRENT SITUATION
IN DOBOJ
Despite the atrocities
reported in Doboj, particularly against civilian men and women in the camps,
The Hague tribunal has not issued a single public indictment related to the
ethnic cleansing operation in Doboj and camps established there, and there have
not been any arrests on sealed indictments. Although a number of Bosniaks and
Croats have begun returning to the Doboj-Teslic area, this return has been accompanied
by a number of attacks on returnees. In the first half of 2000, IPTF received
reports of 27 such incidents in the wider Doboj area (municipalities of Doboj,
Teslic, Derventa, Modrica and Bosanski Samac). This begs the question of whether
the paramilitary groups described in a 1996 Human Rights Watch report continue
to obstruct return and Dayton implementation.
(a) Milan Ninkovic
This Human Rights
Watch report identified Milan Ninkovic as allegedly "one of the five principal
organisers of ethnic cleansing in the Doboj area." Ninkovic served as President
of the SDS for Doboj and President of the municipal council of Doboj during
the war. In 1996, he retained these positions and also served as the Republika
Srpska Minister of Defence. The report claims, "In early 1993, Ninkovic
announced on Radio Doboj that all Bosniaks should be killed and that the city
should remain a Serb city." He served on the Doboj municipal assembly until
removed by OSCE in May 2000.
Milan Ninkovic
remains one of the most influential people in Doboj.
OSCE banned Ninkovic
from running for election in Doboj based on his previous obstructionism and
removal by the Election Appeals Sub-Committee. He has also been prohibited from
attending municipal council meetings.
He is President
of the local SDS.
He is the director
of the publicly owned firm "Technogas."
He is alleged to
be one of the leaders of an underground paramilitary organisation.
The RS Ministry
of Defence considers him indictable for war crimes.
(b) Andrija Bjelosevic
The Acting Commander
of the Centre for Security Services in Doboj or regional Chief of Police from
1991 to 1993, was Andrija Bjelosevic. "During this period of time, the
'Red Berets' paramilitary unit reported to him on their activities in the region.
Troops who took orders from Bjelosevic reported that he instructed them to 'kill
Muslims, wherever you find them.'" A Human Rights Watch report noted that
Bjelosevic's position in the State Security Services and his connections with
paramilitary groups demonstrate that the relationship between the state and
paramilitaries in Republika Srpska was co-ordinated. By virtue of his position,
he allegedly had control over police engaged in the torture, arrest, deportation
and detention of non-Serbs in various camps and in the building of the Doboj
police. Members of the police in Bjelosevic's region of responsibility also
allegedly participated in the attacks on the municipalities of Bosanski Brod,
Derventa, Bosanski Samac, Odzak, Modrica and Teslic and in activities in Tesenj,
Maglaj, Gacanica and Lukavac.
Andrija Bjelosevic
reportedly works as an advisor to the Republika Srpska Minister of the Interior
for questions of police and security.
UNMiBH confirmed
that name was on a list of employees submitted by the Ministry.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(c) Vlado Djurdjevic
Vlado Djurdjevic
replaced Bjelosevic as the Doboj regional Chief of Police in 1993, having served
as Secretary of the Crisis Staff since 1992. He remained Chief of Police until
1998. The Human Rights Watch report claims that Djurdjevic "was intimately
involved with the organisation of the 'ethnic cleansing' campaign in Doboj."
Vlado Djurdjevic
is now the director of a private firm, "Doboj Invest," and is considered
influential in the local community.
(d) Drago Ljubicic
In 1990, SDS member
Drago Ljubicic became President of the Doboj municipal assembly. In this role
he was directly involved in the formation of military units in 1991, well prior
to the outbreak of the war in 1992. He ran the Doboj municipal government throughout
the war, and is considered to have held command responsibility. In May and June
1992, Ljubicic allegedly took an active part in the occupation and ethnic cleansing
of the surrounding villages of Grapska Gornja, Sevarlije, Potocani, Pridjel
Gornji, Civcija Bukovacka, and Bukovica Mala. He is reported to have retained
command authority over concentration camps in the Doboj area, including the
military hangars at the Bosanka company, the military hangars at the Bare settlement,
the former JNA camp at Sevarlija, the camp at the central prison in Doboj (Spreca),
and a camp at the "PP" disoteque in the Vila settlement. Many of the
inmates of these camps were allegedly murdered, starved to death, beaten, tortured
and used as human shields on the front line. He is also alleged to have played
a role in the second round of ethnic cleansing of the Doboj region in September
1995. In 1997 he left the SDS and joined Biljana Plavsic's SNS.
Today Drago Ljubicic is the Director of Customs in Doboj.
F. Foca
1. WAR CRIMES IN
FOCA
In April 1992,
local Serb military, police and civilian authorities took over the town of Foca,
and together with JNA units and paramilitary forces, established a local Serb
administration through the municipal Crisis Staff. As Serb forces consolidated
their power over the rest of the municipality, they ethnically cleansed these
areas, establishing a number of concentration camps. One of The Hague indictments
related to Foca summarised:
The Serb forces
separated men and women and unlawfully confined thousands of Muslims and Croats
in various short-term and long-term detention facilities or kept them essentially
under house arrest. During the arrests many civilians were killed, beaten, or
subjected to sexual assault.
Under the authority
of the Crisis Staff, military and paramilitary units carried out the "disappearance,"
torture, rape, imprisonment, execution, and expulsion of the majority of non-Serb
civilians. A prison in Foca, the KPD Dom, was transformed into a detention facility
primarily for men, while a number of houses, motels and apartments served as
detention facilities for women, children and the elderly. Long-term detention
centres for women, children and the elderly included the local high school,
the Buk Bijela camp and the Partizan Sports Hall. Serb paramilitaries systematically
raped women who were held in these and other camps. The systematic rape of women
in these facilities, including the Partizan Sports Hall and the primary school
of the neighbouring municipality of Kalinovik, formed the subject of the Hague
indictment against Dragoljub Kunarac and Radomir Kovac.
2. TODAY
Although the process
of registration and provisional authorisation of police in Foca by the UNMIBH
has begun, Jacques Klein has criticised the Foca police for offering less co-operation
than their Federation counterparts in the process of creating a professional
force. This is reflected in the fact that individuals whose alleged war time
involvement in ethnic cleansing has been described in Human Rights Watch reports,
and even ICTY indictments, reportedly still serve on the Foca police force.
The alleged wartime activities of these and other influential members of the
community in Foca are discussed below.
In addition, although
The Hague tribunal has issued numerous public indictments against persons directly
involved in the atrocities committed in Foca, no public indictments have been
made against the three most powerful members of the wartime Foca Serb Crisis
Staff. These men are widely believed to have planned, organised and ordered
the crimes committed in Foca. All three of these figures were reportedly close
to Radovan Karadzic, held high positions in the RS government during the war
and continue to influence local and entity politics. These three are also discussed
in this section.
(a) Zoran Vladicic
The head of the
criminal division of the Foca police, Zoran Vladicic worked as an interrogator
in the KPD Foca camp. In an interview with Human Rights Watch, a camp survivor
alleged that Vladicic severely beat prisoners in the camp. In December 1997,
Vladicic, allegedly beat two detainees in the Foca police station, one of whom
subsequently died of the beating. The UN's IPTF investigated and reported on
the incident.
Today Zoran Vladicic
is the head of the criminal department in the Foca police.
UNMiBH has granted
Zoran Vladicic provisional authorisation to carry out police duties.
(b) Miodrag Koprivica
According survivors
of the notorious KP Dom camp in Foca, Miodrag Koprivica served as an interrogator
in the camp. Witnesses described how Koprivica would call out the names of prisoners
from a list, who were then led out of their cells and subsequently disappeared.
One survivor described the severe beating which Koprivica allegedly gave to
a Bosniak inmate and how this inmate also later "disappeared." Quoting
from a witness statement:
I was taken to
KP Dom on April 17. Every night at 8:00 they would come to the rooms to take
people for interrogations. There were 730 people in KP Dom during the time I
was there...Miodrag Koprivica came with two other guards and police officers
to people's rooms every night at 8:00 and called people's names from a list.
They would take some people to the former meeting room and beat them, and around
12 midnight we heard shooting and these people usually never returned...Of the
eighteen men in my room, only eight were left at the end. On average more that
half of each room was killed or "disappeared."
In December 1997,
Koprivica reportedly assisted Zoran Vladicic in beating two detainees in the
Foca police station, one of whom subsequently died of the beating. The UN's
IPTF investigated and reported on the incident.
Today Miodrag Koprivica
serves in the Foca police.
UNMIBH has granted
him provisional authorisation to carry out police duties.
(c) Brane Cosovic
Brane Cosovic,
the commander of the Foca military police during the take-over of Foca, allegedly
organised a paramilitary unit in which Hague-indicted Janko Janjic and Zoran
Vukovic served. Janjic killed himself and injured four German soldiers with
a hand grenade in October 2000 when SFOR attempted to arrest him. A 1998 Human
Rights Watch report described Cosovic's involvement in the ethnic cleansing
of Foca. He has been named as a "key link between paramilitary forces and
the Crisis Committee." His soldiers allegedly participated in rapes at
the Partizan Sports Hall and High School and in taking prisoners away from the
KP Dom, who subsequently disappeared. The ICTY indictment against individuals
for rapes committed in the Foca camps refers to the fact that military police
committed rapes, calling themselves "Cosa's Guards," after Cosovic.
A 1998 Human Rights Watch report confirmed that Cosovic was still serving as
a uniformed police officer at that time.
UNMiBH confirmed
that Brane Cosovic has received their provisional authorisation to carry out
police functions.
Although Cosovic
apparently works for the Foca police, he also reportedly spends time in the
Federal Republic of Yugoslavia (FRY).
(d) Boro Ivanovic
Another member
of the Foca police department alleged to have participated in ethnic cleansing
is Boro Ivanovic. Witnesses allege that Ivanovic was a member of the Crisis
Staff in Foca, and that he commanded a unit that was allegedly responsible for
ethnically cleansing the villages of Vikoc, Papratno, Josanica, Slatino, Dragocava,
Brusna, Suljici, and Godijeno. He was also alleged to have been in charge of
security at the KP Dom concentration camp.
Today Boro Ivanovic
is commander of the Foca traffic police.
UNMiBH confirmed
that Boro Ivanovic received provisional authorisation to perform police functions.
(e) Vojislav Bodiroga
A number of other
individuals allegedly connected with ethnic cleansing in Foca, while less powerful
than Maksimovic, Ostojic and Cancar, whose roles are explained below, serve
public functions in Foca and continue to make Foca a place hostile to minority
return. During the war Vojislav Bodiroga was a member of the Foca Crisis Staff.
After the war he served as director of the local branch of the publicly owned
electric distribution company.
Vojislav Bodiroga
is currently a member of the municipal assembly of Foca.
His election was
certified by the OSCE.
(f) Simo Mojevic
According to a
Human Rights Watch report, Simo Mojevic was a member of the Serb Crisis Committee
for the Ustikolina region of Foca and commander of a Serb military battalion
that ethnically cleansed that region. An article published in the Bosnian periodical
DANI alleged that he ordered killings in the villages of Odzak, Vina, Pilipovici,
Mrdelici and other villages between Ustikolina and Jabuka and that he "ordered
the murder of [one] Salko Andelija." Mojevic, along with Petar Mihajlovic
(see below) and Radoje Zoric reportedly commanded the attack on the villages
of Paunci and Filipovici, and Mojevic's unit allegedly ethnically cleansed the
areas of Ustikolina, Njuhe, Mrdjelici and Osanica, along the left bank of the
Drina River. In the summer of 1992, Mojevic is said to have participated in
the transfer of Bosniaks from the KP Dom Camp in Foca to work detail on the
front line. A group of twenty prisoners that Mojevic allegedly escorted back
towards the camp after a day of digging trenches on the Stolasac hill were executed
by paramilitaries before reaching the camp.
Witnesses alleged
that Mojevic and Mihajlovic were the main organisers of ethnic cleansing in
Ustokolina. Mojevic allegedly personally slit the throat of at least one civilian
and he also allegedly personally set fire to a house, burning a 75 year-old
woman inside to death.
Simo Mojevic is
the director of an elementary school, "Sveti Sava" in the Gornje Polje
settlement in Foca.
Bosniak returnees
would send their children to this school.
(g) Petar Mihajlovic
The wartime president
of the SDS for Ustikolina, Petar Mihajlovic, was mentioned along with Simo Mojevic
(see above) in a Human Rights Watch report, as one of the individuals who allegedly
"supervised" the ethnic cleansing of the Ustikolina region of Foca.
Local sources support his alleged involvement in the ethnic cleansing of the
villages in the Ustikolina region of Foca.
Petar Mihajlovic
is currently the president of a Serb refugee return association in Foca.
(h) Velibor Ostojic
According to highly
placed witnesses and international representatives in Foca, Velibor Ostojic
was a founding member of the SDS, and one of the three leading members of the
Serb Crisis Staff in Foca during the war, as well as Karadzic's Minister of
Information, a post to which Karadzic personally appointed him. During and after
the war, Ostojic was reportedly one of Karadzic's closest political associates
in the SDS. Witnesses identified Ostojic as one of the three principal organisers
of ethnic cleansing in Foca. Ostojic reportedly organised the equipping and
training of SDS members in Foca and co-ordinated the arrival of paramilitaries
from Serbia. Witnesses stated that Ostojic, Cancar and Maksimovic (see below)
knew of the existence of camps in their area of responsibility and that Ostojic
had visited the Livade facility. As Minister of Information, Ostojic gave numerous
false statements to the international press in an attempt to cover up the extent
of Serb war crimes.
From 1997 to 1998
Ostojic served as the head of a Bosnian Parliament Commission for Human Rights.
Reportedly a close
associate of Karadzic, Velibor Ostojic continues to exert significant political
influence in Republika Srpska and Foca.
He is the Director
of the Agency for the Construction of Serb Sarajevo.
The RS Ministry of Defence considers him potentially indictable for war crimes.
(i) Petar Cancar
Petar Cancar was
the wartime Mayor of Foca, a position he retained until 1997. Along with Ostojic
(above) and Maksimovic (below), Cancar served as a decision-making member of
the Foca Crisis Staff during the war. In 1997, he was appointed as a judge to
the Constitutional Court of Republika Srpska. In 1998 RS Premier Milorad Dodik
appointed him as Minister of Justice, an appointment which the international
community did not oppose.
Cancar reportedly
remains on the RS payrolls as a judge, but carries out other activities in Foca
and Serbia.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(j) Vojislav Maksimovic
Vojislav Maksimovic
was the third decision-making member of the Foca Crisis Staff during the war.
After the war he served as Mayor of Serb Sarajevo, Member of the Republika Srpska
Parliament, and Rector of the University of Serb Sarajevo.
Vojislav Maksimovic
is currently a professor of Serb language and literature at the University of
Serb Sarajevo.
He lives in Foca
but spends considerable time in Pale and Belgrade.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
G. Gacko and Trebinje
1. REPORTED WAR
CRIMES IN GACKO
On 17 and 18 June
1992, Serb forces attacked a number of villages in the Fazlagic Kula community
in the Gacko municipality. In the course of the attack, Serb forces killed tens
of civilians. Serb authorities established a camp, "Podrum Hotela,"
where 150 Bosniak civilians were held in June and subjected to interrogation
and torture. Ten prisoners were murdered in the camp. On 28 June 1992 and 1
July 1992, Serb forces attacked the villages of Ravno and Previla, killing ten
civilians. On 4 July 1992, members of the Gacko police and the "Beli Orlovi"
paramilitary formation "ethnically cleansed" Gacko itself, killing
tens of civilians. Their remains were uncovered in two mass graves at Stanicki
Most and Harem in Gacko. On 19 July that year, Serb forces attacked the Bjelesnica
Mountain, to which non-Serbs from Gacko had fled earlier that month, executing
and arresting a number of civilians. Those who were arrested and led to the
Gacko police station later "disappeared." On 13 August, members of
the Gacko police executed nine civilians in the Kotlina area of Gacko. Their
remains were uncovered in the autumn of 1999.
The Serb Crisis
Staff in Gacko consisted of Mitar Lazetic, president of the municipal council;
Konstadin Jegdic, president of the local SDS; Zdravko Zirojevic, president of
the main board of the municipal council; Vojin Popovic, head of the Gacko police;
and Goran Lucic, commander of the territorial defence. The police, headed by
Vojin Popovic, allegedly committed the majority of crimes described above.
2. TODAY
None of the former
members of the Gacko Crisis Staff or police department has been publicly indicted.
Reliable information has been received about eleven more members of the police,
besides Popovic, who allegedly participated in the massacres described above.
(a) Milijan Miric
One of the individuals
alleged to have participated in the arrest, deportation and execution of civilians
was reserve police officer Milijan Miric. On 26 June 1992 alone he allegedly
was responsible for the death of six pensioners, all above the age of 60.
Milijan Miric serves
in the Gacko police department.
He is undergoing
screening for UNMIBH provisional authorisation.
(b) Bozidar Vucurovic
In addition to
the municipal crisis staff members, members of the regional Crisis Staff of
the Herzegovina "Autonomous Region" were part of the chain of command
with alleged responsibility for war crimes committed in Gacko, Cajnice, Trebinje
and other parts of Herzegovina. The president of the Herzegovina regional Crisis
Staff was Bozidar Vucurovic from Trebinje, who also served on the Crisis Staff
as the president of the Trebinje municipal council. Serb forces expelled most
of that town's non-Serbs in 1992 and 1993, during which time at least 40 civilians
were murdered.
Bozidar Vucurovic
is a successful businessman and one of the most influential figures in the Herzegovina
region of RS.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
H. Han Pijesak
1. REPORTED WAR
CRIMES IN HAN PIJESAK
Before the war,
approximately 40 per cent of Han Pijesak's 6,346 residents were Bosniak. Today
the municipality has almost no Bosniak residents. In seven villages of Han Pijesak,
94 persons were murdered during the war. A UN report cited the existence of
a detention facility in Han Pijesak "where men were killed and women and
young children raped. It has been previously reported that many people are also
buried there."
2. TODAY
(a) Bogdan Todorovic
Bogdan Todorovic,
one of the founders of the Han Pijesak SDS, allegedly led the Serb Crisis Staff
and Municipal War Presidency at the time the municipality was ethnically cleansed.
Bogdan Todorovic
is the director of Radio Han Pijesak.
(b) Goran Kanostravac
Goran Kanostravac
was the Commander of the Han Pijesak Police during the war.
Goran Kanostravac
reportedly serves in the Bijeljina police.
UNMiBH confirmed
that Goran Kanostravac was on a list of employees submitted by the RS Ministry
of the Interior, although he had not been registered for UNMiBH screening.
(c) Dusan Gasevic
Dusan Gasevic served
as a member of the Han Pijesak Crisis Staff during the war.
Today, Dusan Gasevic
is the Speaker of the Han Pijesak municipal council.
His election was
certified by the OSCE.
(d) Others
Ratko Mladic, the
wartime Bosnian Serb army commander and a publicly indicted war criminal, has
a weekend house in Han Pijesak that he reportedly visits from time to time.
I. Kljuc
1. REPORTED WAR
CRIMES IN KLJUC
Before the ethnic
cleansing in Kljuc, there were 17,714 Bosniaks and 3,360 Croats in the municipality.
After the cleansing only 500 Muslims and 300 Croats remained. 525 Bosniaks and
Croats were killed all told during the ethnic cleansing.
On 1 June 1992,
81 non-Serbs between the ages of 18 and 65 were called to assemble at the Serb
checkpoint located at the building of the primary school in Velagici, in the
municipality of Kljuc. They were briefly detained in the school and then executed
by firearm. They were later buried in a mass grave in Laniste, Kljuc. The bodies
of 80 non-Serbs were exhumed at the site on 5 October 1996. On the same day,
in the village of Prhovo, members of the Bosnian Serb army killed 52 civilians
by firearm, including women and children. The bodies were exhumed on 8 May 1997
and 24 September 1999 from two mass graves around Prhovo.
On 10 July 1992,
in Biljani, members of the Bosnian Serb army and the Kljuc police murdered 220
non-Serb civilians from the village. In another mass grave found in Laniste,
188 of these bodies were recovered and in two mass graves in Crvena Zemlja,
the remaining 32 were found. On 30 July 1992, in Donja Sanica, five Bosniaks
were shot in a house, which was then set on fire. Their bodies were exhumed
on 8 November 1996. In August 1992, in Zablece, seven Bosniaks were executed
by firearm. Their bodies were exhumed on 19 April 2000. On 10 October 1992,
in Kamicak, five Bosniaks were murdered. Their bodies were exhumed on 21 November
1996.
2. TODAY
(a) Marko Adamovic
Marko Adamovic
was a member of the Kljuc municipal Crisis Staff and Deputy Commander of the
Bosnian Serb Army's Kljuc Battalion of the 17th Light Infantry Brigade. Adamovic,
along with two other individuals, allegedly ordered the massacre of 81 civilians
in Velagici on 1 June 1992. Adamovic's unit also allegedly carried out the massacre
of 52 civilians in Prhovo the same day. The unit allegedly continued to actively
ethnically cleanse the region and commit crimes against the remaining non-Serb
civilian population throughout 1992, 1993, and 1994. His unit was allegedly
responsible for the destruction of sixteen mosques and one Catholic Church.
Today Marko Adamovic
reportedly serves as a Major in the RS Army in Skender Vakuf/Knezevo
(b) Marko Samardzija
Marko Samardzija,
an officer in the RS Army, commanded the Third Company of the Sanica Battalion
of the 17th Light Infantry Brigade (LPBR), which was allegedly one of the main
perpetrators of the massacres in the Kljuc region, in particular in the villages
of Domazti, Botonici, Jabukovac, Donji Biljani and Brkici. On 10 July 1992,
Samarszija's unit allegedly entered these villages and rounded up all the men,
who were then taken to the elementary school in Donji Biljani. A list was recovered
containing the names of 201 Bosniak men confined to this school. In addition
to these 201 individuals, others were killed prior to reaching the school. Some
of them were taken out and shot nearby, while yet others were placed on buses
and driven to Kljuc. Along the way the buses stopped and some people were taken
out and shot. The rest were taken to the high school in Kljuc, where they were
all killed. The bodies of the murdered Bosniaks were found in the mass graves
of Laniste I and two at Crvena Zemlja. Samardzija reportedly supervised the
gathering and transport of corpses from Biljani to the mass graves.
Today Marko Samardzija
lives in Prijedor.
His present activities
are unknown.
(c) Milan Tomic
The local police
commander from Donje Sanice, Milan Tomic, reportedly commanded units which-along
with Samardzija-participated in the ethnic cleansing of Kljuc. This included
the murder of more than 200 civilians.
Today Milan Tomic
lives in Novi Sad, FRY.
He has filed a
request for the return of his apartment in Kljuc.
J. Prijedor
1. GENOCIDE IN
PRIJEDOR
The municipality
of Prijedor, west of Banja Luka, in northern Bosnia, was of strategic importance
to the Serbs as part of a corridor between Krajina Serbs in Croatia and Serbia
proper. In April 1992, Serb forces took control of Prijedor, following the military
occupation of the city and surrounding villages with a brutal campaign of ethnic
cleansing. It began with the shelling of areas populated by Croats and Bosniaks,
forcing the residents to flee. The majority of these residents were taken to
camps, and many were summarily executed. Serb forces continued to apprehend
civilians in Prijedor town, nearby Kozorac and other parts of the municipality
in the following weeks.
Serb authorities
deported Croats and Bosniaks to a number of detention centres, including the
notorious Omarska, Keraterm and Trnopolje concentration camps, where over 6,000
non-Serbs were reportedly held between May and August of 1992. The camps were
the scenes of some of the worst atrocities in Europe since World War II. "Two
of the concentration camps, Omarska and Karaterm, were places where killings,
torture and brutal interrogations were carried out. The third, Trnopolje, had
another purpose; it functioned as a staging area for massive deportations of
mostly women, children and elderly men, and killing and rapes also occurred
there."
The conditions
in Omarska and Karaterm were described in a number of Hague indictments. Omarska
was reportedly used to detain many of Prijedor's Croat and Bosniak intellectual,
professional and political leaders. About 40 women were held in a special section
of the camp where interrogations also took place. The indictment describes the
"brutal" conditions in Omarska, which included inhumane overcrowding;
lack of facilities for personal hygiene; inadequate water and food, bringing
many prisoners close to starvation; regular and severe beatings; torture; rape;
humiliation; and executions. The conditions in the Karaterm camp did not differ
much from those at Omarska. The Trnopolje camp was established especially for
women, children and the elderly. In addition to the murder and torture of detainees,
women in Trnopolje were systematically raped. The indictment against Simo Drljaca
and Milan Kovacevic noted that hundreds of detainees in these camps did not
survive. The indictment cited a single night in July 1992, when 150 men from
the "Brdo" area of Prijedor municipality were executed in the Keraterm
camp.
The persecution
of non-Serbs reportedly continued even after the closing of these camps in 1992.
In August 1992, thousands of non-Serbs were released from detention in camps
in northwest Bosnia, including Keraterm and Omarska, and deported to Bosniak
territory near Travnik. Hundreds never made it to Bosnian-controlled territory.
On 21 August, two buses of prisoners from the Trnopolje camp stopped at the
Korcanske Stijene cliffs on Vlasic Mountain near Skender Vakuf, on the road
to Travnik. At this point, 150 to 200 men were led out of the buses, summarily
executed and dumped into a deep ravine. Apparently seven men survived the massacre,
five of them to be recaptured by Serbian forces and taken to the hospital in
Banja Luka where they were mistreated.
During the successful
campaigns of the Armija BiH in September and October of 1995, Serb authorities
throughout northwest Bosnia, including Prijedor, conducted a new wave of ethnic
cleansing, with the help of Zeljko Raznatovic "Arkan" and his paramilitary
group, the "Tigers."
As discussed in
the first part of this report, the municipal Crisis Staff of Prijedor played
a key role in both the "ethnic cleansing" of the area and the administration
of concentration camps. Allegedly, the Prijedor Serb police, led by indicted
war criminal Simo Drljaca, "played a major role in violations of international
humanitarian and human rights law during and after the war."
2. TODAY
In the first half
of 2000, Prijedor had more reported incidents against "minorities"
(nineteen Bosniaks and one Croat) than any other municipality in Bosnia. Although
The Hague has issued indictments against more than twenty individuals implicated
in atrocities committed in Prijedor, including in the Keraterm and Omarska camps,
Prijedor is still home to a number of persons implicated in violations of international
humanitarian law committed against Bosniaks and Croats.
At the time of
this writing, a number of publicly indicted persons from Prijedor remain at
large, including the commander of the Omarska camp, Zeljko Meakic. In addition,
The Hague has released a number of former camp guards and interrogators, citing
the limited resources of the Tribunal and the fact that these individuals should
be tried through the state justice system. Unfortunately, the influence of politics
and corruption on the Bosnian justice system is so great that the chance of
a local court even trying the suspects in the next several years is remote.
Local and international sources have indicated that most Prijedorians mistakenly
assume that The Hague acquitted these men.
In addition to
these publicly indicted, a number of persons who may be under secret indictment
are reportedly hiding out in the Prijedor area, occasionally coming into town.
These include the commander of the Trnopolje camp, Slobodan Kuruzovic, and Dragan
Mrdja "Dado," whom survivors have alleged to be the chief executor
of the massacre of about 200 non-Serb men on the Korcanske Stijene cliffs. Both
of these men appeared on a list of supposedly secretly indicted persons, publicised
by the RS Ministry of Defence. This suggests that even if they have not been
indicted, the RS Ministry of Defence considers them to be potentially indictable.
The Prijedor police
force also employs individuals allegedly linked to ethnic cleansing, including
a number of persons linked to violations of international humanitarian law in
other municipalities, such as Sanski Most. These individuals are discussed specifically
in the section on Sanski Most.
(a) Ranko Mijic
The head of the
criminal investigation unit of the Prijedor police during the war, Ranko Mijic
reportedly was in charge of interrogating Bosniaks and Croats in the concentration
camps in the Prijedor region, including Keraterm and Omarska. Mijic worked in
the police until recently.
Today Ranko Mijic
has retired, and runs a private business.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Zivko Jovic
A Human Rights
Watch report connected Zivko Jovic, a former military policeman, to atrocities
committed in the Keraterm and Trnopolje camps. Local sources assert that Jovic
served as an inspector/interrogator of prisoners at the camps in the Prijedor
region.
Today Zivko Jovic
continues to work as an inspector in the Prijedor police.
UNMiBH confirmed
that his name was on a list of employees in Prijedor provided by the RS Ministry
of the Interior.
The RS Ministry
of Defence considers him indictable for war crimes.
(c) Dusan Jankovic
During the war,
Dusan Jankovic served as commander of the police in Prijedor. He allegedly had
command responsibility over the Keraterm, Trnopolje and Omarska camps, as well
as the jail in the Prijedor police station, where a number of atrocities were
committed. He was second in command to the indicted Simo Drljaca of the Prijedor
police, who was shot by SFOR while resisting arrest in 1997.
Today Dusan Jankovic
allegedly serves as an advisor to the RS Ministry of Interior.
UNMiBH confirmed
Dusan Jankovic was on a list of employees submitted by the Ministry of the Interior.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(d) Simo Miskovic
Simo Miskovic was
the head of the Prijedor SDS and a member of the Serb Crisis Staff during the
war. Given these positions, he could be considered, under the Statute of the
ICTY to have had command responsibility for the ethnic cleansing in the Prijedor
region.
Simo Miskovic lives
in Prijedor as a pensioner.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
K. Rogatica
1. WAR CRIMES IN
ROGATICA
During the spring
and summer of 1992, Serb forces ethnically cleansed the Rogatica municipality
of approximately 14,000 Bosniak residents. According to the UN Commission of
Experts Report, "Under the leadership of the commander of the local Serbian
paramilitary forces, Serbs apparently began detaining Bosniak civilians in late
May 1992. It is unclear how long this process continued, but there are reports
that Serbs still were detaining Muslim civilians in late July and early August
1992." The report cites twelve alleged detention facilities, primarily
for Bosniak civilians, where as many as 4,513 persons may have been detained.
Witnesses testified that, during the ethnic cleansing operation and in detention,
prisoners were beaten, raped and executed.
In the Rasadnik
Sladara camp formed in mid-June 1992 and operated until 1994, hundreds of non-Serb
civilians from Rogatica were detained, and many were physically abused. At least
twenty people were murdered in the camp. The director of the camp from 1992
until the end of 1993 was reportedly Vinko Bojic.
2. TODAY
Despite numerous
reports of violations of international humanitarian law in Rogatica, during
the war, the ICTY has yet to issue any public indictments, and SFOR has yet
to apprehend any individuals on the basis of sealed indictments, in connection
with the crimes documented there. As in many other parts of Bosnia, local authorities
in Rogatica obstruct the return of so-called minorities. As of July 2000, claims
for return of private and socially owned property by pre-war residents in Rogatica
resulted in return of property in only 1.28 per cent of cases.
(a) Rajko Kusic
Allegedly the most
prominent figure in the ethnic cleansing of Rogatica is Rajko Kusic. He allegedly
gained his experience in ethnic cleansing while fighting with a Serb paramilitary
unit in Vukovar, Croatia, in 1991. He is named in a special UN report as the
local military commander of the Borika Battalion, First Brigade, Drina Corps.
The report also details testimony of atrocities allegedly committed under Kusic's
command"
Serbian paramilitary
forces under the command of Rajko Kusic killed 49 prisoners during a fake prisoner
exchange. Serb forces under the command of an identified member of the group
forced prisoners from Visegrad onto a bus, under the pretence of a prisoner
exchange in Han Pijesak. However, once the prisoners were on the bus, several
Serb soldiers tied them up, and then beat and taunted them. Eventually, the
bus arrived at a curve along a muddy road. The Serb forces ordered the prisoners
off the bus, walked them up the road, then killed 49 of the prisoners and piled
them in a pit.
A Hague witness,
who had served on the Rogatica police department up until the spring of 1992,
testified to Kusic's role in the arming of local Serbs, as a military commander
and as one of the decision-making members on the Rogatica Crisis Staff.
Kusic has been
named as the main Serb military commander in the Rogatica region. Among other
atrocities his forces are alleged to have slit the throats of 50 Bosniaks during
an attack on the village of Gracanica on 22 May 1992.
According to local
sources, Kusic's forces allegedly murdered fifteen civilians in the areas of
Pasic Kula and Bjelogorci, on 3 June 1992, deporting the rest of the residents
to camps in Rogatica. On 19 June Kusic's forces, along with those commanded
by Mladen Vasiljevic, allegedly murdered at least 97 Bosniak civilians in the
areas of Pticijak and Gracanica, deporting the remainder to camps in Rogatica.
On 10 and 11 July Kusic's forces allegedly set fire to houses in the Kukavica,
Kujundzica, and Mesica areas of Rogatica, killing 31 Bosniak civilians and herding
others to camps in Rogatica. Kusic's unit allegedly conducted similar operations
on 2 August, in the villages of Kramer Selo, Kozadre and Borovsko, murdering
37 Bosniak civilians. On 15 August Kusic's unit allegedly attacked the village
of Rakitnica, where eighteen civilians were murdered. A reliable source in the
international community alleges there to be evidence suggesting that Kusic,
as commander of the battalion, was also involved in a massacre of over 100 Bosniak
civilians in Rogatica, after which the bodies were then ground up in a local
sawmill. All told, Kusic's forces are alleged to have killed over 349 civilians
in the course of their ethnic cleansing operations. Kusic also allegedly issued
written orders to his units specifying procedures for the disposition of plunder
seized from civilians. The Tuzla Canton prosecutor's office listed Kusic as
one of the commanders involved in the military offensive on Srebrenica, in violation
of international law and UN Security Council provisions declaring the area a
safe haven.
Until recently,
Rajko Kusic commanded the RS Army garrison in Rogatica.
He is now retired.
He reportedly maintains
close ties with Radovan Karadzic and Ratko Mladic.
He is considered
more powerful politically than the Mayor of Rogatica.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Mile Sokolovic
During the war
Sokolovic served as a leading member of the Rogatica Crisis Staff and a member
of the SDS. As such he allegedly served in a decision-making position during
the time that atrocities were committed in the municipality. He allegedly visited
the Sladar concentration camp to oversee it's functioning.
Today Mile Sokolovic
serves as a member of the Rogatica municipal council and a member of the Socialist
Party of Republika Srpska (SPRS).
His election was
certified by the OSCE.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(c) Mladen Vasiljevic
Vasiljevic served
as head of the Rogatica police and commanded military forces in Rogatica during
the war. He organised the re-appropriation of weapons and vehicles to the Serb
police, under orders from the Serb Autonomous Region of Romanija. Witnesses
described the involvement of local police under his command in the interrogation
of prisoners in local detainment centres, in leading women away from the centres
at night and in expelling women and children and deporting men to camps, including
Susica and Batkovic. Vasiljevic's unit allegedly participated with Kusic's in
the 19 June 1992 attack on Pticijak and Gracanica in which at least 97 Bosniak
civilians were killed. Vasiljevic was allegedly involved in the murder and mistreatment
of prisoners in the Sladara camp in Rogatica.
Mladen Vasiljevic
reportedly works as a police officer in Pale. UNMiBH could not confirm this.
He ran for office
as an SDS candidate for the Rogatica municipal assembly in April 2000, but failed
to receive a mandate.
His candidacy was
approved by OSCE.
L. Sanski Most
1. REPORTED WAR
CRIMES IN SANSKI MOST
(a) Ethnic Cleansing, 1992
The municipality
of Sanski Most borders Banja Luka to the west and Prijedor to the north. In
the spring of 1992, forces of the Sixth Krajina (Sanska) Brigade and local Sanski
Most SDS effected the military and civil take-over of Sanski Most and the surrounding
villages. Serbian forces then bombarded the homes of local Bosniaks and Croats
and embarked on a campaign of ethnic cleansing involving the robbery, brutal
deportation, detention, mistreatment and murder of the civilian population.
A UN report named
the organisers of this ethnic cleansing campaign:
This campaign of
'ethnic cleansing' was carried out by the Sixth Sanski Most Brigade or Krajiska
Brigade, the Serbian Democratic Party (SDS), and local Serbs. Organisers that
are specifically named include: the head of the SDS who was later installed
as the president of Sanski Most County; the man in charge of all camps and detention
centres established in the region; commander of the Sixth Sanski Most Brigade
which was responsible for executing the plans developed by the other two men;
commander of the paramilitary organization called Srpske Oruzane Snage (SOS)
which was made up of local Serbs; and the local leader of the Serbian Radical
Party loyal to Vojislav Seselj. Fifteen other men were named.
In addition to
ethnic cleansing in the town of Sanski Most, the Sixth Krajina Brigade undertook
operations in May 1992 in surrounding settlements, including Muhici, Vrhpolje,
Hrustov, Trnovi, Begici, Donji Kamicki, Kenjari, Fajtovci, Skucan Vakuf, Gorice,
Okrec, Modra, Budim, Stari Majdan, Husimovci and Ostra Luka. The Fifth Kozara
Brigade and the Sixth Krajina Brigade were also involved in the attack on the
Croat villages of Stara Rijeka, Brisevo, Raljas and Carakovo in the Sanski Most
Municipality. During the course of these attacks, at least 73 Croats, and perhaps
as many as 136, may have been killed, all of them civilians.
The expulsion and deportation of the civilian population of Sanski Most by Serb
forces proved particularly brutal. For example, in August a convoy of women,
children and elderly suffered continued harassment and robbery along their journey,
only to walk the last twenty miles to Federation territory. Passing through
a minefield, a number of these civilians died.
During these ethnic
cleansing operations, Serb forces arrested non-Serb males, detaining them in
a number of facilities. Eleven such detention centres were mentioned in the
UN report cited above. Many of the prisoners were then transferred to the Manjaca
camp in Banja Luka.
One of the detention
facilities within Sanski Most was the police station, where a number of local
non-Serb police were reportedly liquidated.
"Upon the
attack of Sanski Most by Serbian forces, men were arrested and taken to the
basement of police headquarters. There, they were interrogated and beaten for
days. Thirty-three non-Serbian police officers were brought to police headquarters.
Seventeen of them were killed during interrogations, eight were sent on to Manjaca,
and four managed to escape."
Many men died of
suffocation and lack of food during transport to other camps, while others were
executed on the journey. For example, a group of men being transported from
Sanski Most were ordered out of the truck near the bridge leading out of town.
The prisoners were ordered to undress and were shot while scrambling under the
bridge.
(b) Ethnic Cleansing
in Northwest Bosnia, including Sanski Most, 1995
A 1996 Human Rights
Watch report called attention to a brutal campaign of ethnic cleansing perpetrated
by Serb authorities and forces in northwest Bosnia in 1995. In retaliation for
successful campaigns of Croatian and Bosnian forces in the area, Arkan's paramilitaries,
along with local civil and military authorities subjected the remaining non-Serb
residents in Banja Luka, Prijedor and Sanski Most to torture, rape, murder and
deportation. According to the report, "Paramilitaries from Serbia proper
were also involved, as non-Serbs were detained, robbed of their possessions,
beaten, raped and expelled from the region. An estimated 2,000 people were separated
from their families; many are still missing." During this period of ethnic
cleansing, about 22,055 non-Serbs were expelled from the region, primarily from
Banja Luka.
Some of the worst
atrocities, including a number of massacres, occurred in towns and villages
in and around Sanski Most. Bosnian Army troops and international journalists
entering the town on 11 October 1995 found gruesome evidence of recent atrocities.
The proof of these
atrocities could be observed plainly at the Betonirka concrete block factory,
which has twice served as a detention centre where Muslims and Croats were held
in unspeakable conditions and which now serves as a temporary morgue.
Within less than
two weeks, 67 bodies had been recovered around the town, most shot in the head
or clubbed to death. During this time, as many as 700 men were reported missing
from Sanski Most.
During September
1995, thousands of men were separated and detained in the Betonirka cement factory
and the ceramics factory and a coal mine. Many of these were later deported
to the Manjaca camp in Banja Luka. Many others were executed or disappeared.
As a Croat resident who survived the wave of terror explained, "When the
Serbs realized Sanski Most was going to fall, they went crazy. No Muslim or
Croat was going to get out alive."
An article in The
Toronto Star described the events in one small village, Okrec, near Sanski Most,
on 21 September 1995, when armed Bosnian Serbs brutally murdered seven civilians
while trying to extort money. The article was based on exhumations in the town,
carried out according to information provided by witnesses of the massacres.
The victims had been horribly murdered: some had their skulls crushed in, some
had been shot in the knees, and others had broken ribs. A sharp instrument had
punctured the head and lungs of one victim. Witnesses named Tihomir Rajic, Milutin
Rajic, Milorad Mrsic and about nine other villagers from the neighbouring village
of Podvidaca as the alleged perpetrators.
(c) Mass Graves
in the Sanski Most region
The extent of atrocities
committed in Sanski Most came to light with the uncovering of mass graves in
the region in October 1995, a process still continuing today. In January 1996,
Bosnian investigators reported that they had already identified six mass graves
near Sanski Most containing about 240 bodies of the victims of Serb ethnic cleansing
in 1992. European monitors also visited the sites. In early January 1996, Bosnian
officials reported the seventh mass grave to be discovered in Sanski Most since
Bosnian forces occupied the town in October 1995. This grave, located near the
village of Krhojevci, contained at least 27 residents from Sanski Most, believed
to have been murdered during a prisoner transfer to Manjaca. Another grave contained
the bodies of fourteen Bosniak men from the same family found near Sanski Most
in 1996. In April 1996, a Bosnian judge who was matching witness statements
with physical evidence reported that eleven sites had been identified.
One of the earliest
sites uncovered in Sasina, near Sanski Most, contained the remains of 65 Croats
and Bosniaks who had been working as forced labourers for the RS army and were
executed on the night of 22-23 September 1995, just before Serb forces retreated
from the area. In 1998, the international press reported the uncovering of a
mass grave with about 144 bodies at the Hrastova Glavica cave near Sanski Most.
The victims were believed to be Bosniak and Croat prisoners from the Omarska
camp. A specialist Bosnian team, along with a forensics expert from Physicians
for Human Rights, excavated the remains in the cave that year.
2. TODAY
When the Bosnian
Fifth Corps recaptured Sanski Most in 1995, the Serb authorities and much of
the population fled. In their haste to evacuate Sanski Most, the Serb administration
left detailed documentation, demonstrating the methods of ethnic cleansing and
pointing to the officials who might be most responsible. A number of persons
allegedly implicated in war crimes in Sanski Most remain active in other parts
of RS and Serbia proper.
(a) Nedeljko Rasulo
The President of
the Sanski Most Serb Crisis Staff and of the Serb Municipality of Sanski Most
from 1992-1995, Nedeljko Rasulo, was in a position of superior authority in
the municipality during the period described. He allegedly signed a number of
documents organising the deportation of non-Serbs, the usurpation of property
and other aspects of ethnic cleansing operations. Without naming Rasulo directly,
a UN report lists as one of the organisers of ethnic cleansing in Sanski Most
a man who was "the head of the SDS and later installed as the president
of the Sanski Most County."
Nedeljko Rasulo
reportedly plays an influential role in Brcko.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Vlado Vrkes
Rasulo's deputy,
with whom he consulted on all major decisions in the municipality, was Crisis
Staff member Vlado Vrkes. Vrkes also reportedly served as Secretary of the central
SDS in Pale during the war. As such, he is considered to have held command responsibility.
Today Vlado Vrkes
is a wealthy and politically influential figure in Bijeljina.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(c) Mirko Vrucinic
Mirko Vrucinic
served as head of the Sanski Most police from 1992 until the Bosnian Army occupied
Sanski Most in 1995. The Sanski Most police were allegedly deeply implicated
in war crimes committed in the municipality, including the camp which was located
in the basement of the police station, where prisoners were tortured and from
which reportedly more than 100 prisoners were "disappeared." Vrucinic
admitted that forces under his command summarily executed numerous individuals
without trial. In his capacity as head of the police, Vrucinic also had responsibility
over other camps, including "Betonirka," where a number of prisoners
were abused and murdered. Vrucinic allegedly approved the transfer of prisoners
from camps in Sanski Most to the Manjaca concentration camp, during which numerous
prisoners disappeared. These disappearances included a group of six on 6 June
1992, six more on 12 June 1992 and 24 on 8 July 1992. His police were served
as guards at the Manjaca concentration camp.
Today Mirko Vrucinic
currently serves as the assistant to the head of the Prijedor police.
UNMiBH confirmed
that he is undergoing screening for provisional authorisation.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(d) Drago Vujanic
Drago Vujanic served
as the criminal inspector of the Sanski Most police from 1992-1995 and the commander
of the camps in Sanski Most, including the Betonirka concentration camp.
Today Drago Vujanic
reportedly works in the criminal division of the Banja Luka police.
UNMiBH confirmed
that he is undergoing screening for provisional authorisation.
(e) Mikan Davidovic
Mikan Davidovic, the wartime secretary of the Sanski Most SDS, allegedly played
a significant role in expelling the civilian population of Sanski Most, As a
member of the Commission for Resettlement of Persons (a euphemism for an ethnic
cleansing commission). He also allegedly played a significant role in organising
the attack by Arkan's forces in 1995, in which more than 500 non-Serb civilians
on work detail for the Serb army were killed.
Mikan Davidovic
is currently a member of the municipal assembly of Serb Sanski Most.
His election was
certified by the OSCE.
(f) Branko Basara
During the war,
Branko Basara served as commander of the Sixth Krajina Brigade. In addition
to police and civilian authorities, units of the Sixth Krajina Brigade, along
with Arkan's paramilitaries, allegedly carried out a significant amount of ethnic
cleansing in the Sanski Most and Kljuc areas. The Sixth Krajina Brigade allegedly
carried out ethnic cleansing in the villages of Vrhpolje, Hrustovo and Kljevce,
in which about 54 civilians were brutally murdered. The Brigade also allegedly
murdered a group of 25 Bosniaks from Begic under a bridge on the Sana River
in Sanski Most. The UN reported that the commander of the Sixth Sanski Most
Brigade (another name for the Sixth Krajina Brigade) was one of the organisers
of ethnic cleansing.
Branko Basara is
reported to be hiding in the Prijedor region.
He reportedly maintains
contact with his war time associates.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(g) Pero Colic
The commander of
the Fifth Kozara Brigade from Prijedor was Pero Colic. A Hague witness described
him delivering a speech urging Serbs to join his brigade and to "avenge
all the crimes committed against them," and attacking those Serbs who joined
the other side as "traitors." His and Basara's brigades allegedly
carried out the massacre of 73 civilians in Stara Rijeka and other villages
on 24-25 July 1992. A Human Rights Watch report also linked Colic to a number
of wartime atrocities. Biljana Plavsic named Colic as Mladic's replacement as
commander of the RS Army in 1997.
Today Pero Colic owns a construction company in Pale.
(h) Others
Besides Mirko Vrucinic,
other officers allegedly implicated in ethnic cleansing in Sanski Most now work
in the Prijedor police department. As a criminal inspector in the Sanski Most
police department, Branko Sobot allegedly interrogated and mistreated prisoners
in the Sanski Most police station and the Manjaca concentration camp. One witness
described how Sobot allegedly administered daily beatings to prisoners in the
police station. In Manjaca he is alleged to have participated in the beating
of at least one prisoner who died as a result.
UNMiBH confirmed
that Branko Sobot is currently undergoing screening for UN provisional authorisation.
A police officer
in Sanski Most, Gojko Macura, allegedly involved in the mistreatment and murder
of non-Serbs from prepared lists. He allegedly drove around Sanski Most with
several other police officers in a black Mercedes with a red door, beating and
torturing people. He is also allegedly responsible for beating inmates at the
"Betonirka" concentration camp.
Today Gojko Macura
reportedly serves in the police, either in Prijedor or Srpski Sanski Most. UNMiBH
was unable to confirm this.
Mico Prastalo was
the commander of the III battalion of the Sixth Krajina Brigade, which allegedly
carried out numerous atrocities in the course of military actions and ethnic
cleansing in Sanski Most and Kljuc. This included the murder of Zijad Alibegovic
and thirteen members of his family. His activities go back as far as 1990, when
he helped form the local SDS Crisis Staff. As such, he is alleged to have had
command responsibility.
Today Mico Prastalo
reportedly works for the Prijedor police. UNMiBH was unable to confirm this.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
Danilusko Kajtez,
a local resident who served as a volunteer in the Serbian paramilitary forces,
allegedly killed over 100 persons, including two documented cases of killing
twenty persons at once. As a member of the 6th Krajina Brigade he allegedly
killed groups of 6 prisoners during transport from Sanski Most to the Manjaca
concentration camp. In 1992, the Banja Luka Military Court of the Serb authorities
indicted Kajtez and one other soldier for the massacre of 9 Croat civilians
from Krljevita, Sanski Most in the Graoriste forest in Kruharima. Kajtez was
detained by the Serb authorities briefly, but was released after reportedly
sending a letter to Vrkes and Vujanic threatening to go public with evidence
on their role in carrying out ethnic cleansing.
Today Danilusko
Kajtez is reportedly based in Nis, FRY.
He reportedly participated
in a paramilitary unit during the 1999 ethnic cleansing of Kosovo.
M. Sokolac
1. REPORTED WAR
CRIMES IN SOKOLAC
From April 1992
until the end of that year, Serb authorities "ethnically cleansed"
this municipality of over 4,000 Bosniak residents, using similar methods as
in other municipalities, including the execution of civilians. A mass grave
was recently uncovered at a former garbage dump about eight kilometres east
of Sokolac, in which 44 bodies had been covered with garbage, soil and pieces
of a destroyed mosque. The President of the Commission for Missing Persons in
Sarajevo reported that according to witness reports, about 37 of the bodies
were, probably, Bosniaks from the village of Novoseoci, taken away from their
families on 22 September 1992, while seven more were Bosniaks from Rogatica.
It was also reported that a local Serb led the investigators to the gravesite.
Serb military and
police forces, under the guidance of the Crisis Staff, established camps in
the basement of the Sokolac police station, in two local schools and in the
settlement of Brezjak. Local sources claim that at least 135 Bosniak civilians
in Sokolac were murdered or "disappeared" by Serb forces during the
war.
Forces from Sokolac are also alleged to have participated in the murder of 50
Bosniak civilians in Visegrad, along with forces from Rogatica. The bodies of
these civilians were then thrown into the Paklenik canyon.
2. TODAY
(a) Milan Tupajic
Milan Tupajic served
as the President of the municipal assembly of Sokolac from 1991 to 1995, president
of the Sokolac Serb Crisis Staff, and Vice-President of the Serb Autonomous
Region Romanija-Birac. This region included the municipalities of Pale, Sokolac,
Han Pijesak and Vlasenica.
Tupajic was allegedly
one of the main organisers of the ethnic cleansing of Sokolac. He reportedly
participated directly in ordering the illegal deportation of the non-Serb population
of the villages of Novoseoci, Knezina, Zulje, and Vrbanje. As the highest civil
authority in the municipality, he allegedly had command responsibility for the
deaths of 45 Bosniak civilians killed in Novoseoci, 50 Bosniaks killed in Knezima
and other atrocities committed in the course of ethnic cleansing. He also allegedly
bears responsibility for the formation of concentration camps in Sokolac in
which civilians were illegally detained and mistreated.
Milan Tupajic is
currently a representative to the Republika Srpska National Assembly.
OSCE certified
his election.
(b) Milovan Bjelica
Milovan Bjelica
was a member of the Sokolac Crisis Staff and President of the Sokolac SDS during
the war.
Milovan Bjelica
currently serves on the main board of the SDS.
His private business
operations reportedly contribute financially to the hiding and accommodation
of Radovan Karadzic.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
N. Teslic
1. REPORTED WAR
CRIMES IN TESLIC
Before the war,
about half of Teslic's 60,000 residents were Serbs, the rest identifying themselves
as Muslims, Croats, Yugoslavs or "other" ethnic groups. In April 1992,
Bosnian Serb authorities called on non-Serb residents to accept the new Serb
authorities and hand over all weapons. During the first days of the occupation,
Serb forces liquidated prominent Bosniaks and Croats, while local Serb police
beat non-Serbs in the police station, extorting large sums of money from any
families having relatives in Western Europe.
The Serb authorities reportedly detained at least 600 residents in local camps.
"The inmates in these facilities were said to have been under the despotic
control of members of the Serbian militia, the Armada Forces of the Serbian
Republic of Bosnia and Herzegovina, and the 'Red Beret' formations-all of whom
had reportedly come from Banja Luka to assist in 'cleaning the terrain.'"
Women from the
village of Kalosevic testified that they had been held in a camp in the woods
west of Teslic where women were repeatedly raped and some executed. In a camp
located in the basement of the "Stara Opstina" government building,
men reported that "Red Berets" operated using a pre-compiled a list.
A camp in the "Proleter" stadium was allegedly the site of a mass
murder on 22 July 1992, when 25 drunken soldiers murdered about 50 prisoners
by stabbing and beating them to death.
In August 1999,
investigators uncovered a mass grave in Teslic with 28 corpses, the victims
evidently subjected to torture and shot at close range. According to local media
sources, The Hague is investigating whether the victims were Croats and Bosniaks
from Teslic and the nearby settlements of Rankovic and Stenjak, liquidated by
the notorious paramilitary formation, "Mice," in June 1992. This group
of about twenty heavily armed members reportedly arrived in Teslic from Doboj
in June to "bring order" to Teslic. The recently uncovered mass grave
supposedly contains the remains of non-Serbs who had been detained in the Teslic
and Pribinic jails. Other mass graves containing victims of "Mice"
are suspected to exist in Teslic.
Local police apprehended
the members of "Mice" during the war, when the group got out of control
of the Serb authorities, reportedly terrorising even Serb civilians. However,
due to the influence of high authorities in the RS government, who may themselves
have been involved in the formation of the organisation, the members were soon
released from jail and never brought to trial.
2. CURRENT SITUATION
IN TESLIC
In 1996 Human Rights
Watch prepared a report, based on extensive in-country research, about the structure
of paramilitary groups operating in the Doboj and Teslic regions. This report
demonstrated how the same individuals who organised and executed the ethnic
cleansing of non-Serbs from 1992 to 1995 continued to operate. In 1996, the
Teslic authorities continued to intimidate, harass and expel non-Serbs by the
hundreds, months after the signing of the Dayton Peace Accords.
Although the situation
in Teslic has improved since 1996, many of the individuals highlighted in the
Human Rights Watch report continue to influence the politics of Republika Srpska.
In 1999, the Republika Srpska independent newspaper Nezavisne Novine began to
publish articles about war crimes apparently committed by one of these groups
in Doboj and Teslic. Soon after, the editor of that newspaper lost both of his
legs in a car bomb attack.
(a) Savo Knezevic
The Human Rights
Watch report named Savo Knezevic, the wartime President of the Teslic SDS, a
member of the RS national assembly in Pale and an Orthodox priest, as one of
the alleged principal organisers of ethnic cleansing in Teslic. Knezevic is
also reported to be the "right-hand man" of Milan Ninkovic (see below)
in an underground paramilitary organisation operating in Teslic and Doboj. The
report relates some of the violent acts Knezevic is alleged to have personally
committed, including the mass murder of political opponents, and names him as
the most politically extreme person mentioned in the report.
Knezevic now serves
as an orthodox priest in Teslic.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Nikola Peresic
Nikola Peresic
served as the president of the Teslic Crisis Staff and President of the municipality
during the war and was also named as one of the "principal organisers of
'ethnic cleansing' during the war," by Human Rights Watch. He has also
been connected to the formation of the "Mice" paramilitary group discussed
above. In a recent interview for Nesavisne Novine, the former Serb public prosecutor
in Teslic made a statement that was interesting both as a comment about Peresic
and about war crimes in general. "When I told the president of the municipality,
Nikola Perisic, that he would answer for crimes, he smiled, naively believing
that no one would answer for them if more people were brought into the crimes.
The entire political ideology and war strategy rested on this stupid assumption."
Nikola Peresic
has formally left politics and is involved in commerce, although still influential
in Teslic.
(c) Milan Stankovic
An army officer
in the JNA, Milan Stankovic became the most powerful military figure in the
Doboj/Teslic region during 1991. On 3 June 1992, he allegedly carried out an
artillery and infantry attack on Doboj, aimed primarily at driving the non-Serb
civilian population from the town. Following the successful seizure of Doboj,
his units surrounded the villages of Grapska Gornja, Sevarlije, Potocani, Pridjel
Gornji, Civcija Bukovacka, and Bukovica Mala, and submitted them to sustained
artillery barrages, aimed at driving out the civilian inhabitants. In the course
of these attacks, numerous civilians were killed. He was reportedly also one
of the organisers of the "Mice" paramilitary group. Following the
imprisonment of the group by Serb authorities in 1992, he allegedly threatened
the inspector of state security in Banja Luka, that "Teslic would be reduced
to dust," if the members of "Mice" were not set free immediately.
Today Stankovic
reportedly works for the security forces in Serbia, although a recent article
in the RS media suggests he may still be in Doboj.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
He is considered
highly influential both in Doboj and Teslic.
(d) Mirko Slavulja
Stankovic's security
officer, Mirko Slavuljica, allegedly obstructed the investigation against members
of "Mice." His son was reportedly a member of that group.
Mirko Slavuljica
was the Chief of Police in Doboj as of 1999.
UNMiBH confirmed
that Mirko Slavuljica in Doboj was on a list of employees submitted by the RS
Ministry of the Interior.
O. Visegrad
1. REPORTED WAR
CRIMES IN VISEGRAD
Located on the
Drina River of eastern Bosnia, next to the border with Serbia, Visegrad was
one of the first towns to come under attack by Serb forces. The Uzica Corps
of the JNA attacked and occupied the town in April 1992, although the vicious
ethnic cleansing of Visegrad, perpetrated by local police and Serbian and local
paramilitary groups, began in May. As a result of this ethnic cleansing, about
3,000 members of the town's pre-war population were reported killed or missing,
and virtually no non-Serbs live in Visegrad today.
The worst atrocities
in Visegrad occurred after the withdrawal of the JNA Uzica Corps, which left
the administration of the town to the local Serb authorities of the "Serb
Municipality of Visegrad." The campaign of terror and ethnic cleansing
that followed, carried out by "paramilitary troops, local police and local
Serbs," is described in the Hague indictment against Mitar Vasiljevic:
Serb armed forces
attacked and destroyed a number of Bosnian Muslim villages. Hundreds of civilians
in the town of Visegrad were killed in random shootings. Every day, men, women
and children were killed on a famous bridge on the Drina and their bodies dumped
in the river. Many of the Bosnian Muslim men and women were arrested and detained
at various locations in the town... Serb soldiers raped many women and beat
and terrorised non-Serb civilians.
The indictment
goes on to describe atrocities committed at a camp set up in the JNA Uzamnica
barracks and the Vilina Vlas Hotel, "where prisoners were beaten, tortured
and sexually assaulted."
2. TODAY
In the course of
investigations into Visegrad for this report, a picture emerged of a number
of wartime paramilitary leaders and members, SDS officials and police officers,
alleged to have committed atrocities, still living in Visegrad. Besides the
persons mentioned below, information was received about eleven other persons,
including owners of small businesses, a local teacher, carpenter, locksmith,
taxi driver and other "average" citizens who allegedly participated
as paramilitaries in the torture and execution of Bosniaks during the war. Other
potentially indictable individuals, such as Dusko Andric, live in Visegrad as
pensioners. Andric was allegedly the wartime director of the Vilna Vlas Hotel,
which served as a rape camp. The presence of these individuals, as well as those
discussed below, presents an enormous psychological barrier to minority returns.
(a) Milan Lukic
According to numerous
witness accounts, including those of victims and Serb soldiers, paramilitary
leader Milan Lukic allegedly organised and personally carried out the murder
of hundreds of Bosniaks in Visegrad. Various reports indicate that Lukic's paramilitary
group consisted of about fifteen members, including his cousins Sredoje and
Milos Lukic, and Mitar Vasiljevic, the latter already in The Hague. The British
Guardian newspaper named Lukic as responsible for the killing and mutilation
of hundreds of Bosniaks in Visegrad, whose bodies were thrown over the old Ottoman
bridge into the Drina River.
Witnesses testified
to cases of Lukic allegedly personally executing people in their homes, dragging
a man behind his car until he died, and herding large groups of people into
houses and setting the buildings on fire. In one such case, all but one of the
71 Bosniaks trapped in a house were burned alive. Lukic and his paramilitaries
allegedly regularly shot civilians on the old Ottoman bridge in the town, allowing
their corpses to fall into the Drina River. A man who lived down river from
the bridge reported that he and his neighbours had buried over 180 bodies retrieved
from the river, many horribly mutilated. Lukic and his paramilitaries also allegedly
regularly visited the Vilina Vlas camp to rape non-Serb women and girls imprisoned
there. Lukic is alleged to have taunted his victims by saying "write freely
to America and to the entire world that I am the greatest criminal and no one
can do anything to me." In 1995, Lukic was allegedly seen with the Serb
army following the fall of Srebrenica, and was allegedly involved in the disappearance
of about 65 Bosniaks who had escaped from Visegrad to the Srebrenica enclave.
Although Lukic
is currently in hiding, local sources indicate that he still visits Visegrad
and that he has a significant influence on local politics. Among Lukic's relatives
are a Serbian General and Serbian secret police chief, and Lukic most likely
continues to command some military force. The barrier that Lukic's continued
freedom poses to Bosniak return and Dayton implementation in Visegrad should
not be underestimated.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Sredoje Lukic
Sredoje Lukic allegedly
served in Milan Lukic's paramilitary formation, along with indicted war criminal
Mitar Vasiljevic, and has been implicated in the brutal murder of hundreds of
Bosniaks. He allegedly engaged in atrocities in a concentration camp at a school,
where he and his group forced prisoners of both sexes to beat each other. He
allegedly forced prisoners to disrobe, and women and girls to dance naked. His
group allegedly beat prisoners with boards, clubs, and other instruments, and
used electric shock torture. He allegedly participated in the gang rape of a
fifteen year old girl, and decapitated Ibro Sabanovic, after which he threw
the head into a room full of female prisoners.
Sredoje Lukic lives
near Visegrad and owns a restaurant.
He reportedly received
a credit from an international humanitarian organisation for agricultural development
and a small carpentry business.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(c) Risto Peresic
Risto Peresic was
Chief of Police and a member of the Crisis Staff at the time these atrocities
were committed. A local source alleges that Peresic organised a convoy of Bosniak
civilians out of Visegrad and that eighteen of these civilians were massacred
before the convoy reached its destination. He also allegedly played a role in
establishing the Vilna Vlas camp, described above, where detainees were tortured,
raped and executed. The UN Experts' Commission mentions Peresic as an alleged
participant in the ethnic cleansing of Visegrad.
Risto Peresic now
serves as the director of the publicly owned "Zito" company in Visegrad.
(d) Momir Savic
Another local paramilitary
leader, Momir Savic was also allegedly involved in massacres of Bosniaks on
the old bridge in Visegrad. According to the UN Experts Commission Report, his
group reportedly "set fire to the villages of Repusevici, Jarci, Brezje,
Sip, Bodeznik, Bluz and Moremeslje. They reportedly stole humanitarian aid,
but their actions worsened after the Uzice Corps left Visegrad on 18 June 1992.
They then harassed and arrested Muslims, defaced a mosque, and destroyed the
property of Muslims."
Savic allegedly
participated in organising the attack on the civilian population of the Visegrad
municipality. Even before the outbreak of war, he assisted in obtaining and
distributing weapons from Serbia to forces in the Drinsko settlement of Visegrad.
As the commander
of a paramilitary formation from the village of Drinsko, and later as a member
of the "Beli Orlovi" paramilitary group, he and his troops allegedly
committed several war crimes against the civilian population in the municipalities
of Visegrad and Rudo in 1992. From April to July of 1992, he and his unit were
allegedly involved in the ethnic cleansing of Krusevica, Meremislje, Sip, Blaz,
Brezje, Repusevici, Drinsko, Bikavac, Suha Gora, Donja Strmica and other settlements
in the Visegrad and Rudo municipalities. This ethnic cleansing involved the
deportation, torture and murder of civilians and the systematic destruction
of Bosniak property.
Other alleged crimes
committed by Savic and his paramilitaries included the mistreatment of civilians
being held in the Hotel Visegrad in May 1992. Savic reportedly escorted a convoy
of Bosniak civilians to Skoplje in 1992. 19 of these civilians never reached
their destination, brutally murdered on the journey, near the village of Bosanska
Jagodina. His group apprehended 33 Bosniaks on the Limski Most near Visegrad
and deported them to the Hasan Veletovac school in Visegrad. At this concentration
camp, members of his formation tortured civilians and raped female prisoners.
Savic himself reportedly
served as a guard in the concentration camp at the Uzamnica JNA barracks in
Visegrad where a number of atrocities were committed against civilians.
Momir Savic still
lives in Visegrad, where he reportedly owns a construction company.
P. Vlasenica
1. WAR CRIMES IN
VLASENICA AND IN THE SUSICA CONCENTRATION CAMP
According to the
1991 census, 55.3 per cent of the 33,817 pre-war residents of Vlasenica municipality,
located just south of Zvornik, were Muslim, 42.5 per cent Serb and 2.2 per cent
other. Following the ethnic cleansing operations in the spring and summer of
1992, fewer than 3,000 non-Serb residents remained in the municipality.
In May 1992, Vlasenica
territorial TO units, paramilitary units from Serbia and the JNA attacked the
villages of Drum and Zaklopaca in the Vlasenica municipality. The civilian populations
of these villages were murdered or deported to Kladanj in nearby Bosniak territory.
In Zaklopaca paramilitaries executed at least 83 Bosniaks, including children
and elderly on 16 May 1992. Serb authorities took control of the equipment and
troops of the JNA Novi Sad Corps, establishing a Serb administration in the
town.
During the month
of May, Serb forces burned houses and looted property, particularly the property
of Bosniak Party of Democratic Action (SDA) members. In addition to Drum and
Zaklopaca, Serb forces reportedly arrested, beat and killed Bosniaks in the
villages of Alihodzici, Beros, Damdici, Durakovici, Dzemat, Esmici, Gradina,
Kuljancici, Piskavice, Pustase and Sahmanovici.
According to accounts
compiled in the UN Commission of Experts Report, during the month of June the
new Serb authorities began a systematic expulsion, detention and execution campaign,
starting with the town's most influential Bosniaks and SDA members. This systematic
ethnic cleansing lasted until mid-September. On 15 June 1992, approximately
50 Bosniaks whom the Serbs considered politically important were placed on a
bus and driven to the village of Zalakavlje, approximately two kilometres away,
where they were shot. Only one person survived the massacre. Other Bosniaks
were reportedly brought to camps where they were tortured and killed.
The UN report claims
that the local SDS President, along with six other local Serb authorities, directed
the June campaign of ethnic cleansing. To facilitate the ethnic cleansing, the
Serbs established eight concentration camps. They were a former chicken farm
in Sesari; the high school and the hospital at Vlasenica; the primary schools
at Cerska, and Vlasenica; and the Milici, Susica and Vlasenica camps. Bosniak
civilians from Vlasenica and the surrounding region were brought to these facilities,
where large numbers of civilians were tortured, raped and murdered.
The activities
at the Susica camp and the horrible atrocities committed there are the subject
of a war crimes case in The Hague against Dragan Nikolic, the camp commander.
According to former guards at the camp, executions of groups of prisoners were
common. For example, at a ravine about five kilometres up the road towards Han
Pijesak at least 1,000 prisoners were reportedly executed during the time in
which the camp was operational.
2. TODAY
(a) Rajko Dukic
Rajko Dukic established
himself as a major power broker in RS at the beginning of the war. Along with
Radovan Karadzic, Dukic was one of the founding members of the SDS and served
as the first President of the SDS Executive Committee for all of Bosnia, and
as such participated in planning the ethnic cleansing with Karadzic. Telephone
wiretaps from 29 February 1992 and 24 February 1992 of conversations between
Radovan Karadzic and Rajko Dukic indicate that Dukic played a major role in
planning the placement of barricades in Sarajevo. At the start of the war, he
allegedly helped orchestrate the massive illegal transfer of funds from Bosnian
banks into accounts to support the Bosnian Serb Army. During the war Dukic served
as President of the SDS Crisis Staff for all of Bosnia and as the co-ordinator
for the Serb autonomous region of Birac, which included Vlasenica. As such,
he allegedly bears command responsibility for ethnic cleansing operations conducted
in Vlasenica and other areas under his control. Witnesses from the Vlasenica
region allege that Dukic was responsible for the April 1992 massacre at Zaklopaca.
A Hague witness
in the trial against Dragan Nikolic identified Rajko Dukic as one of the two
principal organisers of the take-over of Vlasenica. He alleged that Nikolic,
the Commander of the Susica camp, and Dukic were close political associates
before and during the war. In testimony relating to the case against Karadzic
and Mladic, witnesses indicated that Dukic was aware of camps operating in his
area of responsibility.
In 1997 Dukic became
a member of Biljana Plavsic's Serbian National Union (SNS) party and he serves
on the Boards of Directors of several RS public companies. Since 1997 he has
served as the director of the "Boksit" bauxite mine in Milici. He
reportedly provided financial support to the SLOGA coalition totalling several
million dollars. International community officials in the region acknowledge
Dukic as the most politically and economically powerful person in the Vlasenica/Milici
area. He reportedly runs his own "industrial police," a quasi-paramilitary
force that has been involved in intimidating local citizens.
Today Rajko Dukic
is the Director of "Boksit" Bauxite mine, a public company, and the
largest employer in Vlasenica/Milici.
He sits on the
Board of Directors of several RS public companies and reportedly runs a quasi-paramilitary
formation called the "industrial police."
The RS Ministry
of Defence considers him potentially indictable for war crimes.
(b) Goran Viskovic,
"Vjetar"
Goran Viskovic,
a member of a Vlasenica special police unit, was allegedly active in the ethnic
cleansing of the Vlasenica region and in the deportation of Bosniaks to the
Susica and Batkovic concentration camps. In particular, witnesses have tied
Viskovic to the ethnic cleansing-abuse of civilians, deportation of civilians
to concentration camps, and burning of their houses--in the villages of Dzemat,
Piskuvice, Gradina, Mrsice, Sadici, Nedeljista and other places in the Vlasenica
municipality. He was allegedly the commander of a unit that murdered civilians
while destroying the village of Gradina and slit the throat of at least one
unarmed civilian in Bucino Brdo. Local sources allege that Viskovic participated
in the torture, rape and execution of prisoners at the Susica camp and is notoriously
well known to survivors of Vlasenica's death camps.
According to a
Hague witness in the trial against Dragan Nikolic, Viskovic participated in
the vicious and repeated beatings of detainees in the police building, above
the courthouse and at other locations in Vlasenica, as well as in the deportation
of prisoners to Susica. The witness described a beating he claimed he received
from Viskovic during his half-month's detention above the courthouse, in which
Viskovic fractured his skull.
Today Goran Viskovic
is a security guard at the Vlasenica Municipal Court. This means that non-Serb
returnees may encounter a man who has been identified as committing atrocities
against non-Serbs, now as an armed official of the court, as they enter to seek
protection of their rights.
(c) Milenko Stanic
During the 1992
atrocities described above Milenko Stanic served as Mayor of the Serb municipality
of Vlasenica, as well as a member of the SDS presidency, and local Crisis Staff.
He is alleged to have been part of the chain of command that planned, ordered,
and carried out the ethnic cleansing in Vlasenica, and reportedly held a position
of significant authority in the local area. Following the war, Stanic served
as Managing Director of RS Telecom.
Today Milenko Stanic
resides in Vlasenica, where he maintains a low profile.
(d) Rade Bjelanovic
Rade Bjelanovic,
the former director of the "Boksit" mine, served as Chief of the Serb
Police in the self-proclaimed Serb municipality of "Milici," located
on the territory of the actual Vlasenica municipality. As such, he is alleged
to have had responsibility over the forces which massacred 80 Bosniak civilians
in Zaklopac. He is alleged to have participated, along with Rajko Dukic, in
organising and ordering the destruction and ethnic cleansing of the villages
of Hera, Vrsinja, Zilici, Gerovi, Pomol, Nurici, Besici, Zutici, Stedrici, Djile
and Zaklopac in the Milici area of Vlasenica.
Bjelanovic lives
in Milici, Vlasenica.
Q. Zvornik
1. WAR CRIMES IN
ZVORNIK
In April and May
of 1992, the JNA, Serbian paramilitary groups, and local defence units-reportedly
recruited and equipped by the local SDS-took over the eastern Bosnian city of
Zvornik and its surrounding areas. From the very first day of occupation and
on through the subsequent weeks until the ethnic cleansing was completed, "there
were random executions, rapes, and massacres." The paramilitary units of
SRS leader Vojislav Seselj and Zejlko Raznatovic ("Arkan") were reportedly
responsible for the cruellest and most horrible of the atrocities committed.
Still, it appears that a number of local individuals and units-such as the locally
formed Territorial Defence (TO)-could have played a "special role"
in the ethnic cleansing, particularly when it came to looting and turning over
wealthy and prominent Bosniaks to the Arkanovci, Arkan's "Tiger" militia.
In its report to
the Security Council, the UN Commission of Experts described the role of the
local Serb Crisis Staff in the ethnic cleansing of Zvornik, before, during and
after the initial attack. It described a civil administration in the hands of
the local SDS and militia groups, some of which were integrated into the civil
defence. Local police, paramilitaries and SDS members participated in the violence.
The report extensively documents the role of local Serb authorities and police
in liquidating respected members of the Bosniak community, confiscating Bosniak
property and expelling thousands of Bosniaks from Serb held territory in May
and June of 1992.
One example of
the role local authorities played in ethnic cleansing was a series of radio
messages broadcast after the first wave of atrocities, which urged Bosniak residents
to return to Zvornik. The messages assured listeners that the situation had
normalised and also warned that all property had to be registered with the police
by 15 May or it would pass to the "Serbian District of Zvornik." With
the return of the Bosniak inhabitants, new paramilitary units were called into
Zvornik. The registration of property served a second purpose of registering
the male Bosniak population. Only men were eligible to register property, even
when owned by their wives. "[T]hese registrations led to arrests and deportations
to camps, apparently on the basis of pre-established lists."
During this time a number of camps were set up in the area around Zvornik in
which civilians were tortured and murdered. These included camps in the buildings
of public industries "Novi Izvor" and "Alhos," a textile
school in the area of Karakaj, cultural centres in the areas of Drinjaca, Pilici,
and others. Witnesses reported mass executions at all of these camps.
In addition to
the systematic terrorisation, execution and expulsion of Bosniaks from Zvornik,
Serb forces and authorities systematically looted and burned Bosniak property
and destroyed mosques and other religious structures there in 1992.
Following the fall
of Srebrenica, thousands of Bosniak men from Srebrenica were executed who had
either been captured in Zvornik while fleeing or deported there. Mass execution
sites in Zvornik included schools in Pilici, Petkovci, Grbavci and the Cultural
Centre in Pilici. The head of the Zvornik police was present in Srebrenica following
the take-over of the enclave and at negotiations with the UN and Bosniak representatives,
all implying that Zvornik, Bratunac and Srebrenica authorities were involved
in the planning of the Srebrenica massacre.
2. TODAY
Despite the documented
involvement of Serb authorities in the atrocities committed in Zvornik between
1992 and 1995, the ICTY has not issued a single public indictment related to
these events, nor has SFOR arrested a single individual under sealed indictment.
As with most of eastern RS, Zvornik remains a hostile place for returning non-Serbs,
with UNMiBH reporting ten registered incidents against Bosniaks in the first
half of this year. In addition, a number of armed attacks on international officials
and on property belonging to international agencies in Zvornik-including a 1999
rocket attack on the living quarters of SFOR's Joint Commission Observers (JCOs)
and a 2000 grenade attack on SFOR living quarters-lend credibility to reports
of paramilitary activity in the area.
(a) Dragan Spasojevic
The role of the
police in atrocities committed in Zvornik was indicated in the previous section.
During the 1992 ethnic cleansing of the town, Dragan Spasojevic was a high-ranking
member of the SDS and Chief of the Zvornik police station. He also held a commanding
position in the Serb Crisis Staff during this period, and some witnesses report
that he was the Chief of the Zvornik TO (Territorial Defence). It appears he
assisted Arkan in bringing Arkan's "Tigrovi" to Zvornik. "Control
over the town after the seizure was initially held by the 'crisis committee,'
whose chairman reportedly was Dragan Spasojevic (a member of both the militia
and the SDS in Boskovici near Zvornik)." Spasojevic's alleged culpability
for the disappearance of 750 unarmed prisoners who were being deported to a
camp at the textile school in Karakaj is occasionally mentioned in the local
media.
After the war,
Spasojevic served as the manager of the customs administration in Zvornik, a
primary point of entry from Serbia for black-market fuel and other illegal imports,
which were subsequently distributed by companies alleged to be headed by Radovan
Karadzic and the secretly indicted, now arrested, Momcilo Krajisnik, the former
Serb member of Bosnia's tripartite presidency. Today Spasojevic is considered
a highly influential and powerful businessman in the Zvornik area. The Belgrade
biweekly Svet cited him as one of the richest individuals in RS. During a crackdown
on organised crime by Dodik's government, Spasojevic was arrested but almost
immediately released. Spasojevic ran as an independent candidate for the Zvornik
Municipal Council in the April 2000 elections. As with many officials throughout
Bosnia reportedly linked with ethnic cleansing, Spasojevic may be trying to
mask his wartime activities by dissociating himself from the SDS.
Spasojevic is also
the owner of a company, 19 Novembar, which has reportedly "begun building
a large shopping centre on the private property of Zvornik Bosniaks," in
direct defiance of the High Representative's decision on reallocation of illegally
expropriated private property.
Today Dragan Spasojevic
is a member of the Zvornik Municipal Assembly.
His election was
certified by the OSCE.
The Office of the
High Representative rents office space in a building owned by Spasojevic.
(b) Branko Grujic
Branko Grujic was
the wartime President of the SDS in Zvornik, head of the Crisis Staff and President
of the "Serb Municipality of Zvornik" from 1992 to 1995. According
to some reports, Grujic was also the leader of the Territorial Defence during
the Serb take-over of Zvornik, later to become President of the Serb Municipality
of Zvornik. Radio Belgrade has confirmed that Grujic served as head of the municipality
from April 1992, when the worst atrocities were committed.
Grujic reportedly
organised the establishment of a parallel Serb authority in the municipality
prior to the war, as well as the arming of the local Serb population. At the
start of the war Grujic is reported to have invited Arkan and other paramilitary
leaders to come to Zvornik and "protect" the rights of "threatened"
Serbs. He is alleged to have visited the camps in Zvornik regularly during the
war. In press interviews, Grujic characterised the ethnic cleansing operations
in eastern Bosnia as a "normal population exchange." In 1994 Grujic
still served as the mayor of Zvornik and showed a visiting New York Times journalist
sites where mosques had been destroyed and new building was in progress.
Today Branko Grujic
exercises considerable political influence in Zvornik as a prominent local businessman.
(c) Dragomir Vasic
Dragomir Vasic
allegedly participated in organising the 1992 ethnic cleansing of Zvornik, including
the transfer of Bosniaks from Bijeli Potok to concentration camps and the disappearance
of about 750 Bosniaks, described above. He also is alleged to have participated
in organising the torture and rape of Bosniak women in the Djulici mosque and
the expulsion and deportation of the non-Serb civilian population of Djulici.
After the initial 1992 ethnic cleansing, Vasic served as the Chief of Police
in Zvornik, from 1993 until 1998, during which time he allegedly played a significant
role in the massacres and ethnic cleansing of Srebrenica. Vasic was present
at the "negotiations" with the Dutch UN soldiers following the fall
of Srebrenica. A number of the sites where the Srebrenica men were massacred
and buried were in the Zvornik municipality.
Since the war,
Vasic has been implicated in activities designed to discourage the return of
minorities to the Zvornik area. In 1996 members of his police force dynamited
the homes of Bosniak returnees in Mahala and Jusici and took part in a tense,
day-long armed stand-off with members of the U.S Army's First Armoured Division,
which was attempting to protect the Mahala returnees. At the request of OHR,
Vasic left his position in the police in 1998. During the 1998 rift between
the Banja Luka and Pale factions in RS, Banja Luka Interior Minister Milovan
Stankovic suspended Vasic and four other police officials, who he claimed were
trying to set up a parallel interior ministry in the eastern RS.
Today Dragomir
Vasic is a member of the Zvornik Municipal Assembly.
His election was
certified by the OSCE.
The RS Ministry
of Defence considers him potentially indictable for war crimes.
II. WHY AREN'T THEY IN THE HAGUE?
As may be seen,
the vast majority of the individuals identified in this report as alleged to
have participated in war crimes maintain a relatively high profile. Many of
them-as a result of their functions-meet regularly with representatives from
SFOR, OSCE, UNMiBH, UNHCR, and the OHR. Interviews with field officers from
these organisations indicate that the international community is fully aware
of their alleged wartime activities, yet continues to work with them on a day-to-day
basis.
The widespread
presence of alleged war criminals throughout the municipalities of the RS in
positions of power, authority and influence presents a serious obstacle to implementation
of the Dayton Peace Accords. Were a casual observer to ask what the international
community is doing about it, the honest answer would be "not much."
The reasons for this are many, and primarily have to do with a lack of communication
among different agencies and organisations, inefficiency, lack of funding, and
competing mandates. In the case of SFOR - the organisation with the principle
mandate for security under the Dayton Accords - caution has been taken in some
cases to indefensible limits. And these factors together have produced a message
for the alleged war criminals in RS that is all too clear.
A. Avoidance Methods
Many of the people
mentioned in Section II of this report have successfully diverted international
community attention from their wartime activities, while maintaining significant
influence in their local communities. An often-complacent international community
and a politically cautious SFOR aid them in this endeavour. The following are
some methods used by suspects to try to avoid becoming a target at The Hague:
1. Become useful
to the international community by aligning against "hard-line" elements
in the RS
The late paramilitary leader Ljubisa "Mauser" Savic, whose Panthers
played a well-documented role in the ethnic cleansing of Bijeljina, Brcko and
other areas, served as the second highest ranking police official in Republika
Srpska until 1998. Why IPTF and the OHR permitted his appointment is unclear,
except that Mauser had aligned himself with the anti-SDS political faction headed
by Biljana Plavsic and Milorad Dodik. Perhaps the international community considered
it more politically expedient to accept Mauser's appointment, since he had joined
the "anti-Pale" forces of Banja Luka. Another example of this strategy
would be Petar Cancar, one of the members of Foca Crisis Staff and widely considered
to be one of the three officials in Foca primarily responsible for planning
the brutal ethnic cleansing of that town, who once served as Milorad Dodik's
Minister of Justice. An experienced observer might note that Biljana Plavsic
herself served in the second most powerful post in RS during the war. After
Radovan Karadzic, she is arguably more responsible for alleged wartime atrocities
than the already apprehended and indicted Momcilo Krajisnik.
2. Assume nobody is paying attention, remembers, or cares
At least eleven apparently indictable municipal councillors were elected in
the OSCE-monitored April 2000 elections. In addition, at least fifteen currently
serving members of the Republika Srpska police appear to be indictable. One
of the councillors appointed by the Supervisor to the Brcko District Interim
Council in May 2000 also served as the head of the Brcko war presidency in 1992.
3. Move to another municipality and join the authorities there
A number of police officers with responsibility for events in Sanski Most, Kljuc
and other municipalities lost by Serb forces in 1995, currently work on the
Prijedor police force. This suggests that the current IPTF procedure for carrying
out background checks is inadequate.
4. Show confidence in the power of the military forces at one's disposal
As current or former members of the RS and Yugoslav armed forces, commanders
of paramilitary units or individuals with strong links to paramilitary groups,
many of the persons mentioned in this report command significant military resources.
5. Live as a private figure, while exerting influence behind the scenes
This is done through business activities, holding the post of director of a
public company or through black market and organised criminal activities. A
number of the individuals described in this report are engaged in such activities.
6. Leave public office, but remain active in party politics, perhaps in Serbia
7. Live in the US or French sectors (MND-N or MND-SE)
Many of the alleged and as yet unindicted war criminals in Bosnia appear to
reside in either the French or US sectors. The perception that, at least until
quite recently, French and US forces have been reluctant to act against those
suspected of war crimes-reflected in the relatively small numbers of arrests
in the French and US sectors-has fostered an image of these areas as a safe
haven. Although the French sector has now seen four arrests and two killings
of war crimes suspects, this number is still less than one third of the apprehensions
in the British Sector (MND-SW). And although it is now claimed that the US has
arrested all indictees in its sector, the fact that Radovan Karadzic is reported
to frequently move through this sector is in itself reason for concern.
8. Wait for the international community to give up, leave Bosnia and forget
about war crimes
This is, in fact,
the strategy urged by Radovan Karadzic in a recent letter to the SDS. It seems
to be the primary strategy of most perpetrators of war crimes in Bosnia. It
appears to be working.
B. SFOR's Reluctance
The ICTY regularly
forwards both its public and sealed indictments to SFOR. Yet war crimes arrests
remain relatively few in number, which has led to the criticism that SFOR is
not living up to its obligations under Dayton. When asked to justify the slow
pace of arrests, many SFOR officers have repeated the mantra "its not part
of our mandate." SFOR officials typically state that the local police are
responsible for arresting war crimes suspects, and that it is not SFOR's job,
ignoring that in the case of RS, the Serbs-in contrast to the Croats and Bosniaks-have
yet to arrest suspected war criminals. As a result of RS refusal to co-operate
with the ICTY, to date the majority of SFOR actions against war crimes suspects
have occurred in RS.
SFOR has been arresting
suspected war criminals since 1997 and extraditing them to The Hague, and to
date there has yet to be a significant legal challenge to SFOR's right to arrest.
When SFOR makes arrests on the basis of ICTY indictments, NATO and SFOR representatives
frequently reiterate to the public that such actions are within their mandate.
A sufficient legal basis for SFOR's power of arrest is be found in Annex 1-A,
Article VI of the Dayton Peace Accords, which gives SFOR sweeping powers to
actively assist in implementing all aspects of the treaty, both civilian and
military. This includes-by inference-the power to arrest war crimes suspects
indicted by the ICTY.
The vast majority
of the arrests to date have come within SFOR's Multi-National Division Southwest
(MND-SW), commanded until recently by the British Army, which has an arrest
record nearly double that of the other two SFOR sectors combined, MND North
(US command) and MND Southeast (French command). The low number of arrests to
date in the US and French sectors has led many observers to charge SFOR with
failure to meet its treaty obligations under Dayton. The slow pace of arrests
has become more visible recently, as ICTY Chief Prosecutor Carla Del Ponte has
begun to put public pressure on Western capitals to co-operate more fully with
the court.
SFOR's reluctance
to apprehend indicted war crimes suspects has caused some to question SFOR's
commitment to full implementation of the Dayton Peace Accords. So too, it has
raised questions as to whether some of the SFOR armies are avoiding arrests
for political reasons, or to cover-up embarrassing incidents and deals during
the 1992-1995 war, when some of them participated in the United Nations Protection
Force (UNPROFOR).
In the case of
the US Army sector (MND-N), the lack of arrests seems partly motivated by a
desire to avoid casualties among US forces, as well as a desire to avoid provoking
civil unrest. Arrests to date have shown the US Army's fears to be unfounded.
To date, no US soldier has been killed in the line of duty while serving in
Bosnia, other than in traffic accidents, accidental weapons discharges, or suicides.
The citizens of RS are so used to war crimes arrests that they no longer react,
as seen in the passivity surrounding both the Krstic and Krajisnik arrests.
Even the removal of RS President Poplasen in March 1999 and the NATO bombing
of Yugoslavia failed to spark an uprising. US Army timidity must be blamed on
the Clinton Administration's emphasis on zero casualties and the primacy of
force protection.
US Army officials
have also stated that all the indicted war crimes suspects within their sector
have been arrested. But - leaving aside the possibility of some individuals
being arrestable under sealed indictments about which there is no public knowledge
- the geographical reality remains that the US sector lies across all the major
land routes between RS and Belgrade, particularly the vital river crossings
near Zvornik and Bijeljina on the Drina River that constitutes the international
border between Bosnia and Yugoslavia. Many war crimes suspects from the British
and French sectors travel regularly to Belgrade through the US sector. In the
course of the year 2000 Karadzic has been sighted in the US sector, both in
Srebrenica and Bijeljina, and SFOR regularly monitors the border crossings with
Yugoslavia. Yet to date there do not appear to have been any arrests of persons
attempting to cross the border.
The relatively
low number of arrests in the French sector (MND-SE) has already raised numerous
questions regarding France's willingness to arrest indicted war criminals. These
questions continued when French soldiers shot and killed indicted war crimes
suspect Dragan Gagovic on 9 January 1999, while he drove a car full of five
young girls back from a karate tournament. Suspicions were further heightened
following the French refusal to turn over the videotape of the incident to NATO
command. Even more disturbing are allegations by highly placed sources both
within within the Bosnian jurisprudence system and close to the ICTY, that the
action was taken to prevent Gagovic from turning himself in to the ICTY. These
sources asserted that Gagovic was in contact with the ICTY at the time of his
death, in an effort to arrange his surrender. Gagovic's alleged wartime activities
were rumoured to have included business dealings with the French UNPROFOR contingent.
He had reportedly received anonymous threats that any attempt to turn himself
in would cost him his life. The circumstances surrounding Gagovic's death remain
suspicious, and French refusal to give a copy of the arrest videotape to NATO
command can only fuel speculation that the French Army is trying to hide something.
That videotape should be turned over without further delay.
Despite its initial
slow start, the French Sector has seen a recent increase in arrests. Over the
past twelve months, three individuals indicted for war crime-including the high
profile arrest of the former Presidency member Momcilo Krajisnik-have been arrested
in the French sector, and one committed suicide to avoid arrest. Yet these arrests
have occurred largely as a result of German Army activity in that sector. During
the same period of time, the British sector has seen five arrests and the US
sector one.
SFOR's initial
reluctance and mixed record on war crimes arrests has set back Dayton implementation
by several years, and no doubt contributed significantly to the disappointing
impact of international efforts to date, as well as to a prolongation of the
international community's military and civilian presence in the region. Had
SFOR moved more quickly and systematically to arrest indicted war crimes, fewer
obstructionists would remain at large and in political life, and peace implementation
would be far more advanced than it is today.
C. International
Community Responsibility
One of the greatest
problems facing the international community in dealing with war criminals is
the lack of co-ordination and information sharing between the international
organisations, agencies, militaries and governments active in the peace implementation
process. NATO governments have to date been largely unco-operative with the
ICTY, particularly in regard to sharing telephone wiretaps and radio intercepts
of conversations among the key players during 1992-1995. As of this writing,
the US government's satellite photographs of mass grave sites from the Srebrenica
massacre are essentially the only national intelligence information turned over
to the ICTY. Neither Britain nor France, both of which maintained substantial
regional intelligence capabilities, have turned over any transcripts from electronic
surveillance. Nor has the US. As a result, the ICTY has had to rely almost entirely
on Bosnian Army (Armija BiH) electronic surveillance and captured documents.
This has contributed to an appearance of anti-Serb and anti-Croat bias on the
part of the tribunal.
Another difficulty
lies in the process of information sharing among the agencies-both international
and local-responsible for certifying and authorising publicly elected officials
and police. As has been noted throughout Section II, numerous individuals alleged
to have committed war crimes hold public office and serve in the police. The
fact that some individuals identified as "Category A" or on the secret
indictment list have held or currently hold elected office-such as former Presidency
member Momcilo Krajisnik-indicates that OSCE may not have access to the information
necessary to prevent these individuals from holding public office.
In contrast, the
OHR, ICTY, and refering Federation courts all have access to select "Category
A" information. Officials in the Federation judicial system indicated they
had never been approached either by IPTF or by OSCE for information on war crimes.
OSCE officials claimed that they had turned over lists of public officials and
candidates for vetting to the ICTY, but that the ICTY has refused to respond,
fearing it might jeopardise the integrity of its secret indictment list. All
told, the dearth of free information flows has certainly handicapped international
peace implementation efforts and permitted many war crimes suspects to remain
free and in positions of influence and power.
With better information
sharing, OSCE and other international agencies could use their powers to keep
persons with questionable wartime records, such as members of Crisis Staffs
in areas of significant ethnic cleansing, from holding public office and other
positions of public trust, such as managing public companies. The current activities
of political candidates or elected officials with "Category A" status
or under ICTY indictments could be more closely scrutinised for removal using
existing PEC rules.
Regarding the Republika
Srpska police, it is clear that a number of individuals who allegedly participated
in violations of humanitarian law during the 1992-1995 war, continue to serve
on the force. One of the main reasons for this state of affairs is the fact
that the international agency responsible for monitoring the police in Bosnia,
UNMiBH, only began the process of registering the RS police at the end of last
year, four years after the signing of the Dayton Peace Agreement.
In fairness to
the current UNMiBH administration it should be noted that a comprehensive process
for screening police officers has begun. The first phase of this process consists
of registering and provisionally authorising police officers based on a series
of tests and procedures. A requirement exists denying provisional authorisation
to individuals involved in domestic proceedings for war crimes under the "Rules
of the Road," individuals with criminal records and individuals on the
lists of former police anti-terrorist units. Nevertheless, this phase of the
process relies primarily on self-reporting by the applicant and is far from
foolproof.
UNMiBH officials
plan that the second phase of the screening process will involve more in-depth
investigations into the activities of police officers seeking final certification.
However, such certification will not be completed for at least 12 to 18 months.
Considering the significance of this step for implementation of the peace process,
one wonders why the process required four years to get started.
D. ICTY Limitations
and Problems
Nowhere is the
state of international justice better seen than in the ICTY offices in The Hague.
The ICTY has only three courtrooms to try the 64 suspects with outstanding public
indictments , as well as a number of secretly indicted suspects. Given that
more than 4,000 dossiers have been turned over to the ICTY by Bosniak authorities,
the number of investigators, prosecutors, and courts is presently only a small
fraction of what is needed. Nonetheless, the total number of indictments, both
sealed and public, appears to be rather small. The fact that numerous individuals
accused of prominent war crimes may not yet be indicted leads to concerns regarding
the workload of ICTY investigators, as well as the resources available for investigative
efforts.
Another serious
shortcoming of the ICTY is its location in The Netherlands, far from the areas
where the crimes took place. The only contact the average Bosnian has with the
proceedings of the court are short daily television news stories, which show
video footage of the accused wearing headphones, sitting in front of a panel
of robed judges in a foreign court setting. As a result, the citizens of Bosnia
are almost completely out of touch with the court's day-to-day proceedings.
This lack of understanding prevents Bosnians-Serbs, Croats and Bosniaks alike-from
hearing the evidence presented in the court.
And yet many of
the day to day proceedings of the court could directly undermine the nationalist
rhetoric and misinformation spread by many of Bosnia's politicians, provided
that citizens had better access to the proceedings. For example, while the majority
of RS politicians deny that a mass crime occurred in Srebrenica, RS Army General
Radislav Krstic, a key figure in the chain of command at Srebrenica, has acknowledged
openly in the course of ICTY court proceedings, the involvement of Serb authorities
in the Srebrenica massacre. Unfortunately, the physical and linguistic distance
between The Hague proceedings and Republika Srpska means that most of Krstic's
statements have gone unseen by the vast majority of RS citizens.
In spite of this
disconnect between the courtroom and the general public in the former Yugoslavia,
several possible remedies exist. Although the ICTY's Charter places the Tribunal
seat in The Hague, its Rules authorise it to "exercise its functions at
a place other than the seat of the Tribunal if so authorised by the President
in the interests of justice." There is no reason it could not sit anywhere
in Bosnia. Despite the security considerations involved, the Tribunal has told
ICG it would be willing to try cases locally, if provided with a sufficient
budget. Similarly, the Rules provide for proceedings to be conducted in other
than the official working languages, and the ICTY maintains a battery of interpreters
to translate all the proceedings between Serbo-Croatian, English and French.
In practice there should be no difficulty with live local language translations
of the ICTY proceedings being available for broadcast.
Any real attempt
at reconciliation in Bosnia will require that the public be fully informed of
the truth about the events of 1992-1995. In this regard, it is not farfetched
to see the ICTY proceedings as a kind of morality play, designed to force the
residents of Bosnia to confront wartime misdeeds. On the other hand, as long
as Bosnia's residents are unable to follow the court proceedings, nationalist
politicians will effectively advance their claims that the court is biased and
politically motivated. This has already contributed to a perception of the ICTY's
loss of legitimacy, particularly among Serbs - not what either the founders
or the current officials of the ICTY had in mind.
In a rather tentative
attempt to remedy its poor exposure, the ICTY has recently begun a public outreach
program in Croatia and Bosnia, hoping to acquaint the local populations more
closely with the court's mission and proceedings. In our recommendations we
suggest a more robust international community strategy to remedy this situation.
IV. KARADZIC AND THE SDS
A. What About Radovan
Karadzic?
Many of the persons
mentioned in this report consult regularly with Radovan Karadzic. Some of them
support him both financially and logistically. In eastern RS, police and state
security appear to participate directly in securing his free movement.
So why doesn't
SFOR arrest Karadzic? In spite of the five million US dollar reward for the
arrest of Karadzic and Mladic, no action has been taken. This would imply that
SFOR and NATO are not sufficiently informed of Karadzic's whereabouts to conduct
an effective arrest operation. Yet SFOR has tracked Karadzic closely since the
signing of the Dayton Peace Accords, and knows of his location much of the time.
This includes advance knowledge of his movements. Karadzic is not difficult
to spot: he travels with a relatively large security entourage, and is often
sighted in various parts of RS, including a recent publicised sighting in the
Serb-controlled Sarajevo suburb of Lukavica. In the course of researching this
report, ICG has obtained extensive information regarding Karadzic's whereabouts,
individuals and companies that support him financially, his associates, and
places where he frequently stays. Certainly SFOR has far better intelligence
gathering capabilities and resources than any NGO. Several sources used for
this report provide information regularly to SFOR as well. These individuals
expressed frustration with the fact that they have passed information regarding
Karadzic's whereabouts to SFOR frequently and at great personal risk, but that
SFOR never acted on the information.
ICTY Chief Prosector
Carla Del Ponte expressed her frustration with SFOR recently, stating that "there
must be something that they are not telling me." Meanwhile, NATO and the
representatives of European nations and the US continue to promise the imminent
arrest of Karadzic and Mladic, all the while doing nothing to bring it about.
The failure to arrest Karadzic and Mladic is transparently due to a lack of
political will from the US and its European allies to carry out his arrest.
The reasons for this unwillingness might be traced to the previously mentioned
desire of former UNPROFOR participants to prevent certain information from coming
to light in an international forum, the desire of some SFOR governments to avoid
casualties or embarrassment that could cost them politically, or the fear of
civil unrest in RS.
Unfortunately,
due largely to the international community's forcefulness in claiming that Karadzic
will be brought to justice and unwillingness to follow through on this promise,
Karadzic and Mladic have become symbols of national defiance to Bosnia's Serbs.
As a Serb judge told ICG, Karadzic and Mladic represent the single knot holding
together a twisted thread of collective and individual guilt that must be untied
for Bosnia to begin the reconciliation process. For the "small-time"
ethnic cleansers of Bosnia, Karadzic demonstrates that ethnic cleansing worked
and that they can continue to rule over their fiefdoms, waiting for the weak
resolve of the international community to dissipate entirely. For many Bosnians,
Karadzic, along with many of the persons mentioned in this report, represents
a reason to be cynical about the international community and pessimistic about
the chances for ethnic reconciliation, as well as a reason not to return home.
In the meantime,
Karadzic continues to defy the international community by participating actively
in the running of the SDS.
B. "Small
Fish" Are the Real Problem
A review of documented
violations of humanitarian law committed during the 1992-1995 war, against the
backdrop of the actual number of individuals indicted and the regions of their
responsibility, clearly demonstrates that a large number of war criminals in
Bosnia have not yet been publicly indicted. Section II of this report examined
just a few areas where such violations have not yet met with a response from
the ICTY or the international community.
This problem is
most blatant in the municipalities of eastern Republika Srpska, where persons
whom international observers, journalists, witnesses and victims have identified
as ethnic cleansers continue to run numerous municipalities. As this section
demonstrated, many of these individuals have links with paramilitary groups
in Bosnia and in Serbia. Many have founded small empires on fortunes amassed
from money and goods stolen from ethnically cleansed non-Serbs. These individuals
have a vested interest in obstructing Dayton implementation, particularly as
regards minority return.
Moreover, these
war crimes suspects have had significant success in preventing minority return
and implementation of all other aspects of the Dayton Peace Accords. Whether
attacking the homes of Bosniak returnees to Janje, bombing and burning Bosniak
houses in Srebrenica or stoning a busload of Srebrenica widows, the wartime
ethnic cleansers have shown a resolve to keep Bosnia ethnically clean.
Often, those individuals
who are meant to be protecting and supporting returning minorities are exactly
the same individuals who expelled them in 1992-1995. This report mentions seventeen
police officers and eleven elected officials and is by no means comprehensive.
Although UNMiBH has operated in Bosnia for more than four years with a mandate
to monitor the police, numerous police officers working today have been implicated
in war crimes. Many of these officers are mentioned in public documents, even
UN reports.
With regard to
elected officials, one need only mention that the OSCE barely convinced Radovan
Karadzic not to represent his party, the SDS, in the premature 1996 general
elections. Yet Karadzic, because of his lightning rod status, was the exception:
post-war Bosnia has consistently seen the ethnic cleansers returned to power
in international community-sponsored, democratic elections.
As this report
goes to press, Radovan Karadzic has told his party, the SDS, that the best strategy
to avoid Dayton implementation is to simply wait out the international community
and do as little as possible in terms of co-operation. In the meantime, the
Serb councillors in the Srebrenica municipal assembly moved to change the name
of the 'Tito Street' to 'Karadzic Street.' The international community has yet
to succeed in marginalising war criminals in Bosnia.
C. Should The SDS
Be Banned?
Since its very
formation in 1990, the SDS has existed as a purely ultra-nationalist party,
whose single aim appears to be the formation of an ethnically pure Greater Serbia.
SDS party members and sympathisers clearly voice their opinions on this issue,
both in public and private. The statement by Ljiljana Zelen-Karadzic, wife of
the indicted Radovan Karadzic, at the tenth anniversary celebration of the founding
of the SDS, where she claimed that the party's program of ethnic separatism
had been fulfilled, was indicative.
To achieve its
goals, the SDS has engaged in blatant and defiant obstruction of the Dayton
Peace Accords at all levels of implementation. Whether the issue is common passports,
a unified border service, a functional central government, a central court system,
the central bank, a common currency, the appointment of Spasoje Tusevljak as
Premier, common corporations, a permanent election law, preservation of cultural
monuments, respecting human rights, or refugee returns, the SDS has openly and
unabashedly obstructed all aspects of Dayton implementation. This policy of
blatant obstructionism continues unabated to this day.
The majority of
the individuals named in this report are either current SDS members, or were
at some point active in the SDS, before joining the even more radical SRS. Of
the above named individuals currently active in political life, thirteen belong
to the SDS, four to the SRS, two are independent, and one to the SPRS (Socialst
Party of Republika Srpska, a branch of Milosevic's SPS). Most troubling, the
SDS continues to operate under the day to day guidance of an individual indicted
for war crimes, Radovan Karadzic. Although officially removing himself from
political life, he continues to control the day to day operations of the SDS,
and remains its leading figure, choosing which individuals will stand as candidates
in elections, and creating party policy.
When the OSCE banned
the Serbian Radical Party (SRS) from participating in the April 2000 municipal
elections, it did so on the grounds that the party leadership included Nikola
Poplasen, the former President of RS, who had been removed from office by the
High Representative, Carlos Westendorph on 5 March 1999. High Representative
Westendorph removed Poplasen because he "obstructed the implementation
of the General Framework Agreement for Peace [Dayton], acted to trigger instability
in the Republika Srpska and thus put peace into risk in the Republika Srpska
and in the whole of Bosnia and Herzegovina." As part of its efforts to
implement the Dayton Peace Accords, the OSCE has removed candidates and the
OHR has removed sitting officials found to work in violation of Dayton. Acting
on this logic, the OSCE banned the SRS from participating in the April 2000
municipal elections, based in part on the fact that "Nikola Poplasen obstructed
the implementation of the GFAP;" that ban continues to apply for the November
2000 general elections.
Given Karadzic's
continued involvement in the SDS, the continued obstruction by the SDS of all
aspects of Dayton implementation, the number of SDS politicians who fall under
"Category A," and the war-time activities of the party, ample grounds
exist to ban the SDS's participation in elections and further political life.
The OSCE has sufficient authority and cause under Articles 105 and 114 of the
Provisional Election Commission Rules and Regulations to ban the SDS from participating
in political life in Bosnia and Herzegovina.
If the argument
against a ban is that a significant proportion-perhaps 40 per cent-of the electorate
would be disenfranchised, it is worth recalling that when the OSCE justifiably
banned the SRS from participating in the electoral process, as many as 30 per
cent of the electorate lost the right to vote for their preferred party. Yet,
at the time a sufficiently weighty competing principle of peace implementation
was involved. After the ban, no real unrest occurred, and the other RS political
parties quickly moved in to fill the gap, divide up the political spoils, and
win SRS voters to their political platform. All told, the SRS literally disappeared
overnight as a political force, with few, if any, mourners.
Should a ban occur
now, prior to the 11 November 2000 elections, it is likely to effect only positively
the outcome of the general elections in Bosnia and Herzegovina, and would certainly
pave the way to increased co-operation with the international community. International
community fears of unrest, unmanageable political disarray, or a strong reaction
from Yugoslavia are over-exaggerated. Any popular reaction in RS would be along
the lines of that seen following the ban of the SRS, and could certainly be
expected to be less than the (in fact few and half-hearted) demonstrations that
accompanied the NATO bombing of Yugoslavia. A substantial number of voters would
likely cast their ballots for the relatively moderate Mladen Ivanic and his
PDP (Party of Democratic Progress). In the RS non-SDS politicians would be too
busy dividing up the state-owned sources of economic and political patronage
formerly controlled by the SDS and now newly available for exploitation by other
political parties. A strong Yugoslav reaction is highly unlikely, given that
country's current preoccupation with more pressing matters, such as heat, electricity,
food, and saving the federal union with Montenegro. All told, a rapid move to
ban the SDS prior to the elections would provide the international community
a rare opportunity to present hard line Serb politicians with a fait accompli,
with few downside risks.
In the event the
international community decides against a ban prior to the elections, and there
are obvious practical reasons given the shortage of time between now and the
election date of 11 November, the banning issue should nonetheless stay firmly
on the international agenda. The international community should examine seriously
the possibility of setting concrete performance benchmarks - e.g. the non-obstruction
of the passage of crucial PIC-required measures - with strict 100 day time deadlines
for newly elected SDS politicians. In the event these individuals fail to meet
these standards, the OSCE and OHR should call a special election for RS, and
ban the SDS from participating in this election.
If the argument
about banning the SDS is that this approach is selective, and that other extreme
nationalist parties should be exposed to similarly rigorous standards, the answer
must be that scrutiny of this kind is overdue for all these parties. It may
be that nature is already taking its course with the Bosniak electorate's response
to the Party of Democratic Action (SDA), such that robust measures may not be
needed. But if action taken against the SDS is seen as a foretaste of things
to come so far as the Croatian Democratic Union (HDZ) is concerned, then this
can do no harm. The ultra-nationalist parties, their ranks replete with persons
potentially indictable for war crimes, have been playing an obstructive and
destructive role in Bosnian politics for far too long. It is time to move on.
V. CONCLUSIONS
This report has
dealt with no more than a selection of war crimes suspects from one ethnic group
in less than a quarter of the municipalities in just one part of Bosnia-but
we have raised serious questions about 75 individuals, nearly all of whom still
occupy positions of influence or significance from the point of view of their
capacity to obstruct the implementation of the Dayton Accords.
The sheer number
of war crimes suspects still at large in Bosnia and their impact on day to day
political, social and economic life cannot be underestimated. Their very numbers
argue for immediate action by the ICTY, SFOR and local law enforcement organs.
The US and French governments should cease stalling and order the immediate
arrest of Radovan Karadzic, so long a symbol of international community impotence.
The arrest of Karadzic should not be a one-off event, but should signal the
beginning of a concerted push to arrest all remaining indicted war criminals
rapidly, preferably by the end of 2000. NATO governments and militaries should
then go one step further and assist the ICTY in evidentiary matters by placing
information gained via electronic surveillance at the disposal of the ICTY.
This would not only improve the evidence available to the Tribunal but represent
an important demonstration of international community support for the Tribunal.
To cope with the
full caseload required by the severity and scope of war crimes in Bosnia, the
ICTY itself needs significantly increased financial support from the international
community, through the UN. Its present budget enables it to undertake only a
small portion of the activities needed for successful indictment and prosecution,
which has resulted in the relatively small number of indictments so far, as
well as less than desired visibility in the Balkans.
Any real attempt
at reconciliation in Bosnia will require that the public be fully informed of
the truth about the events of 1992-1995. Increased funding would enable the
ICTY to bridge the gap between the Bosnian general public and the rarefied proceedings
in The Hague's courtrooms. The ICTY should use available procedures to try selected
war crimes suspects in Bosnia itself, with proceedings fully translated. With
a substantial portion of its proceedings moved from The Hague to Bosnia, the
ICTY would have the capacity to develop much greater legitimacy in the eyes
of the Bosnian and general ex-Yugoslav public.
These proceedings
should be televised live throughout Bosnia and the countries of the ex-Yugoslavia
in the local language. The OHR, in co-operation with the Independent Media Commission
(IMC), could assist these efforts by supporting local language broadcasting
of live trial proceedings throughout Bosnia on television. This could include
requirements that public stations devote a specified amount of daily airtime
to ICTY trials. Only through such efforts will Bosnians come to grips with the
issues needed to create inter-ethnic reconciliation. Only through these media
efforts will the nationalist propaganda be purged from the lifeblood of Bosnian
politics.
Additional funding
should also extend to expanded ICTY outreach programs, including TV and radio
broadcasts featuring Tribunal officials, special conferences on the work of
the ICTY, and exchanges between domestic and Tribunal investigators, prosecutors,
judges and staff.
To more fully facilitate
the number of individuals arrested and tried in Bosnian courts as "Category
A" cases under the under the ICTY's "Rules of the Road," the
Bosnian government's Council of Ministers should-within the context of its current
efforts to develop a central court-authorise the creation of a special war crimes
tribunal, with an ethnic balance similar to that of Bosnia's Constitutional
Court: two Croats, two Muslims, two Serbs, and three foreigners. The ICTY should
be permitted to vet all judges of this court, and its proceedings should be
televised live throughout Bosnia.
Although the problem
of persons potentially indictable for war crimes in RS is unquestionably a difficult
one to solve, there exist numerous other measures the international community
could undertake with little risk, and little expenditure of resources. Much
of what is needed is simply a rationalisation of existing international community
efforts, with the primary focus on increased efficiency within the scope of
existing mandates and resources.
The number of war
crimes suspects still occupying significant positions in government and law
enforcement argues for better communication and information sharing among international
community agencies. UNMiBH should increase the efficiency of its screening process,
as it is currently beginning to do, by paying greater attention to background
checks of police officers. So too should the OSCE when screening candidates
and politicians for compliance with PEC rules. Both UNMiBH and OSCE should utilise
published human rights reports and ICTY trial transcripts, and explore the possibility
of vetting names with local Bosnian judicial officials to ascertain whether
evidence or indictments exist that could implicate a politician or police officer
in war crimes. The OHR could facilitate this process by sharing the "Rules
of the Road" information from "Category A" cases, which it routinely
receives from the ICTY Office of the Prosecutor, with the OSCE and IPTF.
When such suspect
individuals are identified, the OSCE, OHR, and UNMiBH should aggressively use
the powers at their disposal to preclude individuals with questionable wartime
records, including former members of wartime Crisis Staffs, from holding positions
of public trust, or as directors or members of the boards of directors of public
companies. This will sever the lifeline of political and economic patronage
that has proven so important to maintaining many of these individuals in power.
Membership on a Crisis Staff in an area of significant ethnic cleansing should
be grounds for disqualification. This would have the immediate impact of removing
some of these individuals from formal positions of political and economic power
and public trust.
As a corollary,
the OSCE should require that candidates running for public office submit-in
addition to their income statements-information about their wartime activities.
This information should also be a matter of public record. Membership on a Crisis
Staff in an area of significant ethnic cleansing should be grounds for disqualification
of candidacy, and should be studied closely when granting final certification
to municipal authorities.
An important weakness
of most war crimes suspects is their assets. Just as Al Capone was, notoriously,
finally convicted of tax fraud rather than murder, bootlegging, or racketeering,
so too do many of Bosnia's war crimes suspects have vulnerable assets. Many
of these individuals reaped ill-gotten gains as a result of their illegal activities,
and continue to do so today. The international community-in co-operation with
Bosnian judicial authorities-should pay increased attention to using existing
laws to undermine the positions of many suspects. For example, the recently
passed Criminal Code of Republika Srpska does not permit anyone to hold property
or money obtained through illegal activities. Considering the countless published
reports of the systematic robbing of money and property during ethnic cleansing
operations, there is reason to believe that high ranking officials in areas
of such ethnic cleansing gained financially from this enterprise.
The criminal police,
financial police and tax administration of Republika Srpska should investigate
the financial activities of publicly indicted war criminals to determine if
their assets and/or money should be seized in accordance with these laws. Similar
action should be taken in the Federation against Bosniak and Croat indictees
under similar applicable laws. A closer monitoring of OSCE financial disclosure
statements of individuals suspected of acquiring ill-gotten gain during the
war might lead to the disqualification of suspected war criminals from running
for public office or serving in the police force or on the boards of directors
of public companies. OHR's anti-fraud unit should also expand its anti-corruption
activities to include investigation of the sources of income of indicted war
criminals. By cutting off their funds, war crimes suspects will lose much of
their influence and ability to provide political patronage in a given community,
thereby lessening their influence and prestige.
Last but not least,
the OHR should-in co-operation with OSCE-be prepared to ban the SDS from participating
in any further elections or political activities. This should be done on the
grounds that the SDS actively opposes Dayton implementation, and continues to
operate as an extremist organisation, run by an indicted war criminal, in clear
violation of the Provisional Election Commission's Rules and Regulations. The
SDS' record of anti-Dayton behaviour over the past five years has been lamentable,
and the international community's tolerance of it should by now be exhausted.
The SDS is not
the only extremist party still operating in Bosnia, and its treatment by the
international authorities will lay down an unmistakable marker to the others.
It may be that it proves impracticable to ban the SDS in the time remaining
before the forthcoming 11 November elections, although the arguments against
doing so are not compelling. If so, the pressure should be squarely maintained
after the election, by the OHR setting concrete performance benchmarks for elected
officials. Only with the disappearance from public and political life, by one
means or another, of the forces of extreme nationalism still determined to tear
Bosnia apart at the seams, will the country and its people fully emerge from
the horror of the last ten years.
Sarajevo/Washington/Brussels, 2 November 2000
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