Documents submitted to the Court after the closure of the Written Proceedings

Document Number

13283

Document Type

Case

91 - Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)

Date of the Document

Mon, 01/16/2006 - 12:00

Document File

13283.pdf

Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of
Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro)

Documents submitted by Bosnia and Herzegovina
16 January 2006

1. Extract from the diary of Nikola Tosovic
03-09-1991 Transcript of meeting between Radovan Bozovic, Stanko Cvijan and the Minister
2.
for Information of the Government of Serbia.
3. Transcript of intercepted conversation between KARADZIC Radovan and STANISIC Jovica,
29/11/91

4. Transcript of intercepted conversation between KARADZIC Radovan and STANISIC Jovica,
12/11/91

5. Caver letter to chief of cabinet of President of FRY, 28/08/95
6. Report to President of FRY on training of volunteers of VJ (Yugoslav Army) Special units
corps by V J from General Perisic

7. Information on regulating of status of active military officers of the VJ engaged in the Army of
Repubika Srpska (VRS)
8. Decision on the claim of Radenko Jovicic (VRS) for transfers made by arder of the General

Staff of the VJ 31/03/95
9. List of 13 professional VRS Drina Corps military personnel who wish to submit requests for
apartments in garrisons on territory of FRY
Regular combat report of 5th engineering battalion to the Command of the VRS Drina Corps
10
reporting that 1000 - 1500 enemy civilians and soldiers were arrested and kilied, 14/07/94
11 Report to General Staff (GS) of the VRS and 1st Krajina corps on combat activities of VRS
Drina corps Bratunac Brigade 19/12/92 including reference to the presence of Valjevo (VJ)

Chiefs at the Brigade command
12 Certificate that LieutenantColonel Jovicic was serving as a member of the VJ from 06/04/92
to the present in the VRS (08/04/96)

13 VRS Drina Corps Report to the GS VRS on the results of its review of received ammunition
from FRY during_period from 01/11/93 to 31/12/93 and reporting to the GS VRS
14 Drina Corps VRS passing on the Order of the GS VRS regarding the way in which material
support from FRY is to be obtained 10/03/93

15 DERONJIC Miroslav requests information from KARADZIC Radovan through the VRS Drina
Corps asto whether General MLADIC has sent a fax to the GS VJ for the delivery of 1,222
grenades, 26/12/92

16 Command of VJ Uzice Corps coordinates its combat activities in Eastern Bosnia during
January 1993 with VRS Drina Corps units engaged in Operational Group Drina 25/01/93
17 VRS Drina corps command exchange of information with VJ Uzice corps command and
Operation Group Drina, through VJ 1st Army Operational centre 26/01/93

18 VJ Uzice corps command informs GS VRS and VRS Drina corps about future engagement of
Uzice corps in joint operation 29/01/93
19 GS VJ orders Uzice corps command to coordinate its combat activities with VRS Drina Corps,

other units of VJ and to continue with its offensive activities on territory of East Bosnia in
January 1993, 27/01/93
20 Operational Group Drina 1993- Uzice Corps exchange of information with Drina Corps via VJ

1stArmy Operational Center 26/01/93
21 VRS Drina corps command informs command of GS VRS on military reserves of VRS that are
placed in territory of FRY re Operative Group Drina, 24/01/93
22 VRS Drina corp list of received ammunition and mine - explosive means from FRY in a period
1
from 1st Janua_ryto 30 heptember 1993.
23 List of received ammunition in 1994 rom FRY VRS Rear bases, and companies from
Republika Srpska (RS),

24 Order of MILOSEVIC Slobodan, through General PERISIC of the GS VJ to MARTIC Milan and .
CELEKETIC Milan to allow transit of UNPROFOR s humanitarian aid in western Bosnia

7/12/94
25 VRS Drina corp instructions to the Command Zvornik brigade for getting ammunition in FRY,
04/02/93
26 VRS Drina corp Order to Independent battalion Skelani to issue ammunition for needs of Drina

Corps 15/02/93
27 VRS Drina corp authorization for taking over of certain goods in FRY in accordance with
decision of technical administration of GS VJ 07/02/93
VRS Drina corp request for approval of GS VRS for taking over of ammunition by VRS
28
Bratunac brigade from Operative Group Drina, 16/02/93
29 Report to Commander of VRS Drina Corps on situation/problems in Fakovici Battalion
06/05/93
30 Comma nd of VJ Operational group Drina forwards arder of VJ 1st army to VRS lstocno-

Bosanski corps, VRS Drina corps, RS Minsitry of lnterior {MUP) and Republic of Serbia MUP
to meet in VJ military barracks in Sabac_(FRY), 26/02/94
31 GS VRS Information on staying of VJ professional military officers that were temporarily
deployed in VRS, 29/01/96

32 VRS Drina Corp Information from GS VRS arder on measures to be taken against
professional military personnel that deliberately leave VRS units and return to VJ without an
arder to return from the VJ, 12/02/94
33 VRS military post 7581 Sokolac: Certificate to member of armed forces of Yugoslavia on
participation in combat activities on territory of R BiH during 1992 13/10/94
rtl'
34 Report of command of 5th Partisan light infantry brigade Vardiste to Command of VRS Drina
corps about activities on establishing of brigade and cooperation with MUP of the Republic of
Serbia and other organs of the Republic of Serbia, 26/11/92
35 Explanation ofGS VRS to its subordinated corps about supplying of VRS vehicles with fuel on

territory of FRY 18/11/92
36 Pursuant to a VJ Instruction, the GS VRS issues an arder that ali requests of VRS units will be
sent to the Supreme Headquarters of the VRS, who will resolve them or forward them on to the
VJ Supreme Headguarters, 17/03/93

37 GS VRS Logistics sector orders VRS Drina corps command sign a contract with ammunition
factoryFRY on exchan_g_ing em_Qty_artilleand bullet containers for ammunition, 1/06/93
38 GS VJ sends a notice to VRS Colonel JOVICIC Radenko on increase of salary related to his
rank, 11/12/95
Order of Head of GS VJ on termination of professional military service for VRS Drina corps
39
Colonel, 18/11/94
40 Command of Corps of special units of VJ gives its consent to GS VJ- Personnel administration
for sending its two professional senior sergeants on temQora_ryservice within VRS, 02/03/94
41 Commander of VRS Drina corps 1st Bircanska infantry brigade gives arder on appointing ,.,

substitute from VJ at position of Head of headquarters of VRS 1st Bircanska infantry brigade,
03/09/95
42 Decision on establishing of length of pension service for VRS Drina Corps officers who were
aIso officers of VJ

43 VRS VP 7111 Han Pijesak requests computing centre in Belgrade to change salary address
for sorne of professional military and civilian personnel deployed in the VRS, 31/08/94
44 Documents related to Radislav Krstic, VJNRS Drina Corps
45 Documents relating to Vinko Pandurevic, VJNRS Drina Corps

46 FRY Gazette on promotions 28/03/94; FRY Gazette on promotions 10/02/94; FRY Gazette on
promotions 22/10/92
47 Orders on Promotions of 30mCentre Personnel by General Perisic as Chief of the VJ 14/01/94
48 Promotions of 30thPersonnel Centre 31/12/95; 19/04/95; 16/06/95

49 Reassignment to the 30thPersonnel Centre of VJ Personnel 29/08/95
50 VRS Drina Corps document on the VJ verifying ranks 15/05/95
51 Documents related to Milenko Zivanovic VJNRS Drina Corps including Certificate that
Zivanovic promoted by President of FRY 30/03/1995

252 Operation al Diary_UPAUK" excerpts
53 Command ordering VRS Army personnel to wear civilian clothes when going to FRY

06/07/1993
54 Statement by Colonel Blagojevic showing he belongs to the miliary post Prokuplje, Serbia and
is serving in Bratunac, Bosnia and Herzegovina 14/07/1995

55 List of VRS soldiers scheduled for troop transportation, many returning to Serbia March 1996
56 Decision and certificaten compensation for loss of eye for llic Svetozar (VJ) serving in Bosnia
28/03/1996
Requests of soldiers serving in the VRS Drina Corps for issue of double length of service in
57
combat areas to be resolved. VJ, Belgrade Military Post 3001 is to make a decision
29/12/1995.
58 Certificate confirming that Radomir Furtula from Military Post 3001 Belgrade was carrying out

duties in the combat zone since 17/12/1993, issued by VRS Drina Corps Commander Krstic
59 Listof soldiers serving in Bratunac Brigade, Drina Corps, VRS whose families live in Belgrade.
Sent to Military Post 3001 Belgrade 26/02/1995
Order from VJ Military School regarding the transfoer of an officer serving in the VRS to a new
60
miliary record speciality
61 Milenko Petkovic a VJ soldier states that he is taking a temporal transfer to duties in the VRS
but will remain in VJ 26/10/1992; Order on his transferral20/10/1992

62 Order reminding VRS that the VJ has to verity ranks for promotions 01/06/1995
63 Certificate of 20/01/95 regarding the transfer of a VJ soldier to the Military Post 3001 Belgrade,
who served in the VRS, Drina Corps, Zvornik Brigade combat zone

64 Decision on Compensation for Fortula for service under aggravating conditions 29/01/95
65 Decision on Compensation for Blagojevic for service under aggravating conditions 14/02/94
66 Decision on Compensation for Javicki for service under aggravating conditions 14/02/94
Decision on Com_pensationfor Pelemis for service under aggravating conditions 20/04/94
67
68 VRS Drina Corps passes on arder for the GS VRS that ali units report on quantity and source
of fuel reserves from ali sources including the VJ and RSK 14/11/1993
69 Order and Information of Chief of the Center of Military Schools of the VJ regarding

Krsmanovic 30/03/95 & 03/04/95
70 Payment of medical services for the medical treatment military personnel and their families on
the basis that they are insurance beneficiaries of the VJ, 20/02/94
6 Questionnaires for active military personnel in serviing at the Milica Vlasenica Brigade of the
71
VRS Drina Corps
72 Order from Mladic about centralising of requests to VJ through Main Staff of VRS 24/10/1993
[draft translation]

73 Decision on Compensation for 125 military personnel for service under aggravating conditions
07/12/93; Decision on compensation for 125 military pers9nnel for service under aggravating
conditions 14/02/94
74 2 Certificates that Lieutenant Colonel Vlacic was serving as a member of the VJ and stationed

in Sekovici (Bosnia and Herzegovina) from 20/05/92- 31/01/096 dated 17/03/96 & 18/03/96
75 Request from Drina Corp Command from Zivanovic to Military Post Belgrade 12/07/94
76 Supplement to Srebrenica Report, 30/09/05

3 Case Conceming Application of the Convention on

the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro)

List of video materials submitted to the Court by Bosnia and Herzegovina
16 January 2006

No. Description

1 Documentary: British Broadcasting Corporation (BBC), "The Death of
Yugoslavia", parts 1 and 2
2 Documentary: BBC, "The Death of Yugoslavia", parts 3 and 4
3 Documentary: BBC, "The Death of Yugoslavia", part 5

4 Documentary: IKON, The Netherlands television, in collaboration with NRC
Handelsblad and Channel4 (United Kingdom): Srebrenica, July 1996 (Dutch)
5 Documentary: Bowery Productions, "Calling the Ghosts", by Mandy Jacobson
News broadcast: Cable News Network (CNN), "CNN World View", by
6
Christiane Amanpour, 3 June 1997
7 Professional and amateur footage of the destruction of the National Library in
Sarajevo

8 Current affairs broadcast:PRO (The Netherlands, television), "Lopende
Zaken", 23 June 1996
9 Raw news footage: ICTY Office of the Prosecutor, Exhibit 48 A in the
Kovacevic case, 15 July 1998

10 Documentary: Warsfilm/SaGa group, "Voices from Sarajevo - three artists in a
besieged capital", by Maria Fuglevaag Warsinski
11 Documentary: "Those Who Killed The Light", by Maria Fuglevaag Warsinski
12 News broadcast: ABC News, "War Criminals- Arkan", 31 March 1999, by

Diane Sawyer
13 News broadcast: CNN, Interview with Zejlno Raznatovic ("Arkan"), by Brent
Sadler
14 Documentary: Antelope Productions, "A Cry From the Grave", by Leslie

Wood head
15 Bedrudin Gusic, Documentary on the Destruction of Mosques in Banja Luka,
Bosnia, 1993-1994, edited version
16 Bedrudin Gusic, Raw footage on the destruction of Mosques in Banja Luka,

1993, 1994 """"
17 Documentary: South East News Service Europe, "Triumph of Evil"
18 Documentary: South East News Service Europe, "Begunci -The Fugitives"
19 Amateur footcme by a member of the Serbian paramilitary unit "Skorpioni"

20 Documentary: "Le viol en Bosnie -Viol, arme de guerre"-Sabina Subusic
21 Film: Miss Sarajevo, by Bill Carter, 1995 INTERNATIONAL COURT OF JUSTICE

Case Concerning Application of the Convention on the Prevention
and Punishment of the Crime of Genocide

(Bosnia and Herzegovina v. Serbia and Montenegro)

List of public documents
that will be referred to by Serbia and Montenegro at the oral proceedings

International Criminal Tribunal for the former Yugoslavia

1. Statute, http:i /\\\VW.un.org/icty/legaldoc-e/index.htm

2. Judgement of the Trial Cham ber in the case Prosecutor v. Milomir Stakic (IT-
97-24-T) July 31st 2003 :

http://vli'vn.n.org/ict v/stakic/trialc/judgement/index.htm

3. Judgement of the Trial Chamber in the case Prosecutor v. Radislav Brdjanin
(IT-99-36- T) September 1 st 2004 :

http:/wvvw .un.org/ict v/brdjanin/trialc/j udgement/index.htm

4. Judgement of the Trial Chamber in the case Prosecutor v. Goran Jelisic (IT-
95-10- T) December 14 1h1999 ;

http:/v..v/\Vun.org/ictv/je lisic/trialc 1/judgement/index.htm

5. Judgement of the .A.ppealsChamber in the case Prosecutor v. Goran Jelisic

(IT-95-10-A). July 5th 2001;
http://Vv\'v\V.un.org/icty/jelisic/appcalljudgement/index.htm

6. Judgement of the Trial Chamber in the case Prosecutor v. Vidoje Blagojevic
1
and Dragan Jokic (IT-97-24-T), January l7 h 2005;
http://w\vw. un.org/ict y/blagoj evic/trialc/j udgement/index. htm

7. Judgement of the Trial Chamber in the case Prosecutor v. Milorad Krnojelac
1
(IT-97-25-T) March 15 h 2002;
http://Vv\vw.un.org/icty/krno je1ac/trialc2/j udgement/index. htm

8. Judgement of the Appeals Chamber in the case Prosecutor v. Milorad
Krnojclac (IT-97-25-A), September 1 ih 2003;
http:/WVv\V un.org/icty/krnoj elac/appeal/j udgement/index. htm9. Judgement of the Trial Chamber in the case Prosecutor v. Kunarac et al. (IT-

97-23-T) February 22nd 2001 ;
http://www.un.org/icty/kunarac/trialc2/judgement/index.htm

10. Judgement of the Appeals Chamber in the case Prosecutor v. Kunarac et al.
(IT-97-23-A), June 1th 2002;

http://www.un.org/icty/kunarac/appeal/judgement/index.htm

11. Judgement of the Trial Chamber in the case Prosecutor v. Radislav Krstic (IT-
98-33-T), August 2nd 2001;

http://v.ww.un.org/icty/krstic/TrialC1/judgement/index.htm

12. Judgement of the Appeals Chamber in the case Prosecutor v. Radislav Krstic
(IT-98-33-A), April 19th 2004;
http://v.ww. un.org/icty/krstic/ Appeal/j udgement/index .htm

13. Judgement of the Appeals Chamber on Defence Motions to Acquit in the case
Prosecutor v. Sikirica et al.(IT-95-8-T), September 3rd 2001;
14. http://www.un.org/ictv/sikirica/judgement/index.htm

15. Judgement of the Trial Chamber in the case Prosecutor v. Mitar Vasiljevic
(IT-98-32), November 29 h 2002;
http://www.un.org/ictv/vasiljevic/trialc/judgement/vas021129.pdf

16. Amended Indictment in the case Prosecutor v. Slobodan Milosevic, (IT-02-54)
(Bosnia and Herzegovina), April 21st 2004;
http://www. un.org/icty/indictment/englishlmil-ai040421-e.htm

17. Fourth Amende1 Indictment in the case Prosecutor v. Milomir Stakic (IT-97-
24), April 10 h 2002; http://www.un.org/icty/indictment/englishlsta-
4ai02041 Oe.htm

18. Initial Indictment in the case Prosecutor v.1Zdravko Tolimir, Radivoje Miletic
and Milan Gvero (IT- 04-80-1), February 10 20h5;
http://www. un.org/ictv/indictment/englishltol-ii 05021 Oe.htm
..
19. Transcripts in the case Prosecutor v. Slobodan Milosevic (IT-02-54),
1
September 11th 2003, pages 26447-26448, 26452-26453; October 29 h 2003,
page 28255; November 03th 2003, pages 28467-28469.

20. Transcripts in the case Prosecutor v. Brdjanin and Talic (IT-99-36-T),
1 1
February 26 h2002, pages 2270- 2271; June 5 h 2002, pages 6714-6715.

21. Transcripts in the case Prosecutor v. Radislav Krstic (IT-98-33), pages 8796-
8829.

22. Written Statement by Lord David Owen given to the International Criminal
Tribunal for the former Yugoslavia from September 2003.

2 23. Office ofthe ICTY Prosecutor, Database ofthe UN Commission of Experts,
page 56516: USA Department of State, Declassified Document No. 94-60,
para. 4.

24.ICTY Expert Report of Mr. Robert Donia- Analysis of Stenograms from the
Sessions of the Assembly of Republika Srpska.

International Criminal Tribunal for Rwanda

1. Statute, http:/165.18.216.88/ENGLISH/basicdocs/statute.html

2. Judgement of the Trial Chamber in the case Prosecutor v. Kambanda (ICTR-97-23-
S) September 4th 1998; http:/165.18.216.88/default.htm

3. Judgement of the Trial Chamber in the case Prosecutor v. Kayishema and
Ruzindana (ICTR-95-1-T) May 21st 1999; http:l/65.18.216.88/default.htm

4. Judgement of the Trial Chamber in the case Prosecutor v. Rutaganda (ICTR-96-3)
December 6th1999: http:l/65.18.216.88/default.htm

5. Judgement of the Trial Chamber in the case Prosecutor v. Akayesu (ICTR-95-4-T)
September 2nd 1998; http:/165.18.216.88/default.htm

6. Judgement of11e Trial Chamber in the case Prosecutor v. Musema, (ICTR-96-13-
T) January 2i 2000: http:/165.18.216.88/default.htm

International Criminal Court

1. Rome Statute; http://www.un.org/law/icc/statute/romefra.htm

2. Elements of Crimes. ICC-ASP/1/3;
http://www. iccnow. org/documents/icc basics/ElementsOfCri mes eng.pdf

National Jurisprudence

1. Bavarian Court of Appeal, case Novislav Djajic, Judgement No. 3 St 20/96 of 23
May 1997, section VI, p. 24.

2. Constitutional Court of Germany, case Nikola Jorgic, Judgement No.

2BvR 1290/99 of 12 December 2000, par. 23.

3. District Court in Belgrade, Prosecutor v. Branko Grujic, Branko Popovic, Dusko
Vuckovié. Dragan Slavkovié, Ivan Koraé,Sinisa Filipovié and Dragutin Dragiéevié,

3Indictment, 12 August 2005.
www.tuzilastvorz.org. yulhtml eng/optuznice/ optuznica zvornik.htm

UN Resolutions

Security Council Resolutions
1. Resolution no 935 (1994) July 1st 1994;
2. Resolution no 955 (1994) November gth1994;

3. Resolution n° 808 (1993) February 22nd 1993;
4. Resolution n° 827 (1993) May 25 1h1993.

General Assembly Resolutions
1. Resolution n° A/RES/4 71121 adopted on 18 December 1992;
2. Resolution n° A/RES/4 71147 adopted on 18 December 1992;

3. Resolution no A/RES/481143 adopted on 20 December 1993;
4. Resolution n° A/RES/481153 adopted on 20 December 1993;
5. Resolution n° A/RES/49/205 adopted on 23 December 1994
6. Resolution n A/RES/37/123 adopted on 16 December 1982.