THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No. IT-98-33

THE PROSECUTOR OF THE TRIBUNAL

AGAINST

RADISLAV KRSTIC

AMENDED INDICTMENT

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

RADISLAV KRSTIC

with GENOCIDE, CRIMES AGAINST HUMANITY, and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:

BACKGROUND

1. After armed conflict erupted in the Republic of Bosnia and Herzegovina in the spring of 1992, Bosnian Serb military and paramilitary forces occupied cities, towns and villages in the eastern part of the country and participated in an ethnic cleansing campaign which resulted in an exodus of Bosnian Muslim civilians to enclaves in Srebrenica, Gorazde and Zepa.

2. On 16 April 1993, the Security Council of the United Nations, acting pursuant to Chapter VII of its Charter, adopted Resolution 819, in which it demanded that all parties to the conflict in the Republic of Bosnia and Herzegovina treat Srebrenica and its surroundings as a "safe area" which was to be free from any armed attack or any other hostile act.

3. On or about 6 July 1995, units of the Drina Corps of Army of Republika Srpska (VRS) shelled Srebrenica and attacked Dutch-manned United Nations observation posts which were located in the "safe area". The Drina Corps attack on the Srebrenica "safe area" continued through 11 July 1995, when forces from the Drina Wolves, the Bratunac Brigade and other units of the VRS entered Srebrenica.

4. The Bosnian Muslim men, women and children who were in Srebrenica after the beginning of the VRS attack took two courses of action. Several thousand women, children and some mostly elderly men fled to the UN compound in Potocari, located within the "safe area" of Srebrenica, where they sought the protection of the Dutch battalion. The Bosnian Muslim civilians remained in and around Potocari from 11 July until 13 July 1995, during which time they were terrorised by members of the VRS. Thereafter, they were transported by buses and trucks under the control of the VRS to areas outside the enclave.

5. A second group of approximately 15,000 Bosnian Muslim men, with some women and children, gathered at Susnjari village near Srebrenica during the evening of 11 July 1995 and fled, in a huge column, through the woods towards Tuzla. Approximately one-third of this group consisted of armed Bosnian Muslim military personnel. The rest were unarmed military personnel and civilians.

6. On or about 12 July 1995, Ratko Mladic and RADISLAV KRSTIC, as well as other VRS and Bosnian Serb civilian representatives, met in the Hotel Fontana in Bratunac with Dutch military officers and representatives of the Bosnian Muslim refugees from Potocari. At this meeting, Ratko Mladic explained to the group that he would supervise the "evacuation" of refugees from Potocari and wanted to see all the Bosnian Muslim men between approximately the ages of 16 and 60 to screen for possible war criminals.

7. On or about 12 July 1995, in the presence of Ratko Mladic and RADISLAV KRSTIC, approximately 50 to 60 buses and trucks arrived near the UN military compound in Potocari. Shortly after the arrival of these vehicles, the deportation process of Bosnian Muslim refugees started. As Bosnian Muslim women, children and men started to board the buses and trucks, Bosnian Serb military personnel separated the men from the women and children and detained the men in and around Potocari.

8. Between the evening of 11 July 1995 and the morning of 12 July 1995, the Bosnian Muslims who had gathered in Susnjari formed a huge column and began their trek through the woods towards Tuzla.

9. Bosnian Serb forces assigned to the Bratunac, Zvornik and Milici Brigades, as well as elements of the 5th Engineer Battalion, the 65th Protection Regiment and MUP Special Police forces, supported by armoured personnel carriers, tanks, anti-aircraft guns and artillery, positioned themselves along the Bratunac-Milici road in an attempt to intercept the column. Some of the armed members of the retreating column of Bosnian Muslims engaged in combat with the Bosnian Serb forces. Thousands of Bosnian Muslims from the retreating column were captured by, or surrendered to, Bosnian Serb military forces under the command and control of Ratko Mladic and RADISLAV KRSTIC.

10. Between 11 July 1995 and 18 July 1995, VRS forces, under the command and control of Ratko Mladic and RADISLAV KRSTIC, participated in numerous incidents of opportunistic killings of Bosnian Muslim men shortly after they had been captured, as well as systematic summary executions of Bosnian Muslim men who were detained and killed in the area of their detention and others, who were transported to various execution sites throughout the territory under the control of the VRS Drina Corps. The VRS forces, under the command and control of Ratko Mladic and RADISLAV KRSTIC, executed thousands of Bosnian Muslim men.

11. Between 11 July 1995 and the 18 July 1995, the VRS forces, under the command and control of Ratko Mladic and RADISLAV KRSTIC, either expelled or killed most of the members of the Bosnian Muslim population of the Srebrenica enclave. As a result of these actions, the VRS forces virtually eliminated the presence of any Bosnian Muslims in the Srebrenica enclave area, thus continuing an ethnic cleansing campaign which had begun in the spring of 1992.

THE ACCUSED

12. Radislav KRSTIC was a Lieutenant Colonel in the JNA before the armed conflict in Bosnia and Herzegovina. Krstic served as Commander of the 2nd Romanija Motorised Brigade, which was first a component of the Sarajevo-Romanija Corps, but was later transferred to the Drina Corps in November 1992. He continued to serve as the Commander of the brigade, until late 1994. From October 1994 through 12 July 1995, he was the Chief of Staff/Deputy Commander of the VRS Drina Corps. He was promoted to the rank of General-Major in June 1995. On 13 July 1995, he assumed command of the Drina Corps. His assumption of command was publicly announced on 20 July 1995. In April 1998, he was promoted to the rank of Lieutenant Colonel-General, and was the Commander of the VRS 5th Corps, in Sokolac at the time of his arrest.

SUPERIOR AUTHORITY

13. When the Srebrenica operation began on or about 6 July 1995, RADISLAV KRSTIC held the rank of General-Major with the position of Chief of Staff/Deputy Commander of the Drina Corps. As Chief of Staff/Deputy Commander of the Drina Corps, RADISLAV KRSTIC was responsible for directing the activities of the Corps Staff. He was responsible for monitoring the activities of all units and activities within the corps zone of responsibility, and also acted as adviser to his Corps Commander. As Chief of Staff, he was concurrently the Corps Deputy Commander, empowered to give orders on behalf of the Commander in his absence and to give supplementing orders to insure implementation of the Commander’s orders. When RADISLAV KRSTIC became the Commander of the Drina Corps on 13 July 1995, his responsibilities increased to include planning and directing the activities of all subordinate units in his zone of responsibility and monitoring their activities to ensure his orders were implemented.

Military Structure of the Army of the Republika Srpska (VRS)

14.1. The Armed Forces of the Republika Srpska consisted of the Army of the Republika Srpska (VRS), and the units of the Ministry of Interior of the Republika Srpska.

14.2. In July 1995, the Armed Forces of the Republika Srpska were under the command and control of the Commander-in-Chief, Radovan Karadzic. His headquarters was in Pale. (See Attachment C).

14.3. Within the framework of the Army of the Republika Srpska (VRS), immediately subordinate to the Commander-in-Chief, was the Main Staff of the Army of the Republika Srpska (VRS), headquartered in Han Pijesak and commanded by General Ratko Mladic. It was the responsibility of the Commander of the Main Staff to issue regulations, orders and instructions regarding the implementation of documents by the Commander-in-Chief, and to discharge the command duties delegated to him by the Commander-in-Chief. The Main Staff of the Army of the Republika Srpska (VRS) consisted of staff officers and staff support personnel, as well as some specialised military units such as the 65th Protection Regiment, designed to provide protection and combat services for the Main Staff, and the 10th Sabotage Detachment, a unit trained for operations behind enemy lines and other special combat assignments. (See Attachment C).

14.4. The vast majority of the fighting force of the Army of the Republika Srpska (VRS) itself was divided into six geographically-based Corps, all subordinate to, and under the command of, General Mladic and, in turn, the Commander-in-Chief, Radovan Karadzic. In July 1995, the six Corps were the Drina Corps, the 1st Krajina Corps, the 2nd Krajina Corps, the Sarajevo-Romanija Corps, the Hercegovina Corps and the East Bosnia Corps. (See Attachment C).

14.5. Each of the above six Corps had their own individual commander and command staff, all of whom were directly subordinate to General Mladic in the Army of the Republika Srpska (VRS) chain of command. (See Attachment C).

14.6. General RADISLAV KRSTIC was the Commander of the Drina Corps from 13 July 1995 through to the end of the war. Prior to his promotion to Commander, General RADISLAV KRSTIC was Chief of Staff/Deputy Commander of the Drina Corps, a position he had held since October 1994. (See Attachment D).

14.7. General RADISLAV KRSTIC, as a Corps Commander in the army of the Republika Srpska (VRS), planned, prepared, ordered, co-ordinated, and monitored the operations of his Corps through the Command Staff and principally through his Chief of Staff, the officer responsible for directing the work of the Command Staff and for facilitating and implementing the Commander’s orders to his Staff and the subordinate units, i.e., the brigades, battalions, and regiments under his command. The Commanders of the subordinate units of the Corps -- including Commanders of brigades, battalions, and regiments -- reported to the Corps Commander directly or through his Chief of Staff.

14.8. The position of Chief of Staff/Deputy Commander of the Drina Corps was a concurrent position. In the event that the Commander was absent, incapacitated, or otherwise unavailable to exercise his command functions, the Chief of Staff/Deputy Commander was empowered automatically and without further authorisation to assume and to exercise command authority over Corps units, within the framework of the Commander’s overall intent. It is the view of the Prosecution that in such circumstances, the position of Chief of Staff/Deputy Commander is a position of superior responsibility within the meaning of Article 7(3) of the Tribunal Statute and, in addition, a person holding this position may be criminally liable under Article 7(1) of the Tribunal Statute.

14.9. The Drina Corps staff was headed by the Chief of Staff, as described in Paragraphs 13 and 14.8 above. The command staff, headquartered in Vlasenica, had three specialised branch bodies each headed by Assistant Commanders. Those specialised branches were the Corps Security Affairs Branch, the Corps Morale, Legal and Religious Affairs Branch, and the Rear Services (or Logistics) Branch. Along with the specialised branches named above, the Corps staff had approximately ten operative branches responsible for the day-to-day planning, operations and combat functions of the Corps. Those branches included the Operations and Training Department, the Intelligence Department, the Armour and Mechanised Forces Department, the Nuclear, Chemical and Biological Defence Department, the Engineering Department, the Artillery and Missile Department, the Communications Department, the Anti-Aircraft Defence Department, the Personnel Administration Department and the Electronic Security Department. (See Attachment D).

14.10. The Drina Corps consisted of approximately 15,000 soldiers organised into thirteen geographically-based subordinate units, which included the 1st Zvornik Infantry Brigade, the 1st Vlasenica Light Infantry Brigade, the 1st Birac Light Infantry Brigade, the 1st Milici Light Infantry Brigade, the 1st Bratunac Light Infantry Brigade, the 2nd Romanija Motorised Brigade, the 1st Podrinje Light Infantry Brigade, the 5th Podrinje Light Infantry Brigade, the 5th Mixed Artillery Regiment, the 5th Military Police Battalion, the 5th Engineer Battalion, the 5th Communications Battalion, and the Skelani Separate Infantry Battalion. (See Attachment E).

14.11 Each of the brigades, regiments and battalions mentioned in Paragraph 14.10 had their own command staff and numerous subordinate units designated as battalions, companies and platoons. The command and troops of the Milici, Bratunac and Zvornik Brigades of the Drina Corps played significant roles in the crimes charged herein. We have, therefore, noted the command structure of those brigades below:

Command Staff

Subordinate Units

1st Infantry Battalion
2nd Infantry Battalion
3rd Infantry Battalion
4th Infantry Battalion
5th Infantry Battalion
6th Infantry Battalion
7th Infantry Battalion
8th Infantry Battalion
Reserve Battalion
Rear Battalion
Mixed Artillery Battalion
Armour-Mechanised Company
Military Police Company
Light Anti-Aircraft Company
Engineering Company
Podrinje Detachment (Drina Wolves)
Signal Platoon

Command Staff

Subordinate Units

1st Infantry Battalion
2nd Infantry Battalion
3rd Infantry Battalion
Mixed Artillery Battery
Mortar Battery (120 mm)
Light Anti-Aircraft Platoon
Engineer Platoon
Reconnaissance and Sabotage Company
Logistics Company

Command Staff

Subordinate Units

1st Infantry Battalion
2nd Infantry Battalion
3rd Infantry Battalion
4th Infantry Battalion
Reserve Battalion
Mixed Artillery Battery
Engineer Platoon
Military Police Platoon
Intervention Platoon (Red Berets)

14.12. Each brigade staff was headed by the Brigade Chief of Staff/Deputy Commander. The structure and function of the brigade staff was basically the same as the Corps staff, but operated on a smaller scale.

14.13. In addition to the above units outlined in Paragraphs 14.10 and 14.11, units from the Army of the Republika Srpska (VRS) Main Staff, other Army of the Republika Srpska (VRS) Corps units, and Republika Srpska (RS) Ministry of Interior "Special Police" and regular municipal police forces were present in the area of responsibility of the Drina Corps during the time frame set forth in the Indictment. These units specifically were:

14.14. All of the entities described in Paragraph 14.13 were units of the Army of the Republika Srpska (VRS) or units of Republika Srpska (RS) Ministry of Interior, all legally organised and existing under the relevant laws of the Republika Srpska, and under the command of individuals lawfully appointed under the relevant laws of the Republika Srpska.

14.15. The geographic area of the Srebrenica enclave fell entirely within the area of responsibility of the Army of the Republika Srpska (VRS) Drina Corps. (See Attachments A and B). Specifically, the Srebrenica enclave was in the territory under the responsibility of the 1st Bratunac Light Infantry Brigade, the 1st Milici Light Infantry Brigade and the Skelani Separate Battalion. Further, all of the criminal acts charged occurred within the area of responsibility of the Drina Corps, principally in the areas of responsibility of the 1^st Zvornik Brigade, the 1^st Milici Light Infantry Brigade and the 1^st Bratunac Light Infantry Brigade.

GENERAL ALLEGATIONS

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

16. At all relevant times, RADISLAV KRSTIC was required to abide by the laws and customs governing the conduct of war.

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

18. RADISLAV KRSTIC is individually responsible for the crimes alleged against him in this indictment, pursuant to Article 7(1) of the Tribunal Statute. Individual criminal responsibility includes committing, planning, instigating, ordering or otherwise aiding and abetting in the planning, preparation or execution of any crimes referred to in Articles 2 to 5 of the Tribunal Statute.

19. RADISLAV KRSTIC is also, or alternatively, criminally responsible as commander for the acts of his subordinates pursuant to Article 7(3) of the Tribunal Statute. Such criminal responsibility is the responsibility of a superior for the acts of his subordinate if he knew or had reason to know that his subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

20. The general allegations contained in paragraphs 15 through 19 are realleged and incorporated into each of the charges set forth below.

CHARGES

COUNTS 1-2
(Genocide)
(Complicity to commit genocide)

21. Between about 11 July 1995 and 1 November 1995, RADISLAV KRSTIC, intending to destroy a part of the Bosnian Muslim people as a national, ethnical, or religious group:

22. Between about 11 July 1995 and 1 November 1995, RADISLAV KRSTIC planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the opportunistic killings of captured Bosnian Muslim men from the Srebrenica "safe area" by VRS military personnel.

23. Between about 11 July 1995 and 1 November 1995, RADISLAV KRSTIC planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of a planned and organised mass execution of thousands of captured Bosnian Muslim men from the Srebrenica "safe area".

24. The wide-scale and organised killing of Bosnian Muslim men, which occurred in several different locations in and around the Srebrenica enclave, from 11 July 1995 until 18 July 1995, included:

25. During and after the opportunistic killings and mass executions which occurred from 11 July until 1 November 1995, RADISLAV KRSTIC failed to investigate or punish any of his VRS subordinate who were responsible for the killings and executions. To the contrary, RADISLAV KRSTIC and units under his command, participated in an organised and comprehensive effort to conceal and cover up the killings and executions by burying the bodies of the victims in isolated sites scattered throughout a wide area.

26. When it became apparent that the international community had learned of the killings and executions arising from the attack on the Srebrenica "safe area", RADISLAV KRSTIC, and units under his command, participated in a second attempt to conceal the killings and executions by digging up the bodies from the initial mass graves and transferring them to secondary graves. VRS military personnel or their agents, under the command of RADISLAV KRSTIC, dug up the following graves listed below in subparagraphs 26.1 through 26.5, and transferred the bodies to secondary sites:

COUNTS

By his respective acts and omissions described in paragraphs 21 through 26, RADISLAV KRSTIC committed:

COUNT 1: Genocide, punishable under Articles 4(3)(a), and 7(1) and 7(3) of the Statute of the Tribunal; and

Alternatively,

COUNT 2: Complicity to commit genocide, punishable under Articles 4(3)(e), and 7(1) and 7(3) of the Statute of the Tribunal.

COUNT 3
(Extermination)

27. The Prosecutor re-alleges and reincorporates by reference paragraphs 21 through 26 above.

By his respective acts and omissions described in paragraphs 21 through 26, RADISLAV KRSTIC committed:

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

COUNTS 4 - 5
(Murder)

28. The Prosecutor re-alleges and reincorporates by reference paragraphs 21 through 26 above.

By his respective acts and omissions described in paragraphs 21 through 26, RADISLAV KRSTIC committed:

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

COUNT 5: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3, and 7(1) and 7(3) of the Statute of the Tribunal, as recognised by Article 3(1)(a) of the Geneva Convention.

COUNT 6
(PERSECUTIONS)

29. The Prosecutor re-alleges and reincorporates by reference paragraphs 4, 6, 7, 11, and 22 through 26 above.

30. Beginning on 11 July 1995 and continuing through 1 November 1995, RADISLAV KRSTIC committed, planned, instigated, ordered, or otherwise aided and abetted the planning, preparation, or execution of a crime against humanity, that is, the persecutions of Bosnian Muslim civilians on political, racial, or religious grounds, in Srebrenica and its surroundings.

31. The crime of persecutions was perpetrated, executed, and carried out by or through the following means:

By these acts or omissions, and the acts and omissions described in paragraphs 4, 6, 7, 11, and 22 through 26, RADISLAV KRSTIC committed:

COUNT 6: Persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, punishable under Articles 5(h), and 7(1) and 7(3) of the Statute of the Tribunal.

COUNTS 7 - 8
(DEPORTATION, INHUMANE ACTS)

32. The Prosecutor re-alleges and reincorporates by reference paragraphs 4, 6, 7, 11, 24.1, 24.3, 24.4, 24.5, 24.6, 24.8, 24.9, and 24.11 above.

33. Beginning on 11 July 1995 and continuing through 13 July 1995, RADISLAV KRSTIC committed, planned, instigated, ordered, or otherwise aided and abetted the planning, preparation, or execution of a crime against humanity, that is, the deportation or forcible transfer of Bosnian Muslims from the Srebrenica enclave.

By his respective acts and omissions described in paragraphs 4, 6, 7, 11, 24.1, 24.3, 24.4, 24.5, 24.6, 24.8, 24.9, and 24.11, RADISLAV KRSTIC committed:

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

Alternatively,

COUNT 8: Inhumane acts (forcible transfer), a CRIME AGAINST HUMANITY, punishable under Article 5(i), and 7(1) and 7(3) of the Statute of the Tribunal.

Dated this 27^th day of October 1999
The Hague,
The Netherlands