Table of contents:
5. The perpetrator killed2 one or more persons.
5.1.1. Killing by direct methods.
P.1. Evidence of killing by particular methods.
P.1.1. Evidence of shooting to death.
P.1.2. Evidence of killing with machetes or axes.
P.1.3. Evidence of killing with stones.
P.1.4. Evidence of killing by grenade.
P.1.5. Evidence of shelling causing death.
P.1.6. Evidence of arson causing death.
P.1.7. Evidence of beatings causing death.
P.3. Evidence indicating that killing was occurring.
P.3.1. Evidence of people looting.
P.3.2. Evidence of people fleeing.
5.1.2. Killing by indirect methods.
P.4. Evidence of death caused by conditions of life in detention centres.
P.5. Evidence of death caused by conditions of life in ghettos.
P.6. Evidence of death caused by deportations.
P.7. Evidence of death caused by deprivation of medical services.
P.8. Evidence of death caused by destruction of villages and crops.
5.1.3. Evidence that killings or attacks occurred
P.10. Evidence of dead bodies.
P.10.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
P.10.2. Evidence of exhumed bodies identified by eyewitnesses.
P.10.3. Evidence of exhumed bodies examined by forensic experts.
P.11. Evidence of specific people whom were never seen again.
P.12. Evidence of the number of bodies.
P.13. Evidence of forensic examination showing human blood, tissue or bone.
Element:
5. The perpetrator killed2 one or more persons.
Evidentiary comment:
This element is common to articles 6(a) (genocide by killing), 7(1)(a) (the crime against humantiy of murder), 7(1)(b) (the crime against humanity of extermination), 8(2)(a)(i) (the war crime of wilful killing) and 8(2)(c)(i)-1 (the war crime of murder). In the three of those crimes the element contains a footnote (foonotes 2, 7, and 31 respectively) clarifying that "[t]he term "killed" is interchangeable with the term "caused death." According to that footnote it is applicable to all elements of crimes which use either of these concepts. It follows that "killed" in this element has the same meaning as "caused the death of". The ICTY has required that the accused’s conduct must be a "substantial cause" of the victim’s death (Delalić Trial Judgment, para. 424). It is not clear whether this will also be a requirement under the Rome Statute.
The question has also arisen before the ICTY as to whether the elements of the various crimes involving killing are the same. The Tribunal has held in a number of cases that (contextual elements aside) the war crimes of wilful killing (article 8(2)(a)(i) under the Rome Statute) and murder (article 8(2)(c)(i)-1 under the Rome Statute) are the same (see Delalić Trial Judgment, para. 422; Blaškić Trial Judgment, para. 181; Kordić Trial Judgment, para. 233). The ICTY has also held that the same material elements (contextual elements aside) are applicable to "killing" for the purpose of the crime against humanity of murder (Kordić Trial Judgment, para. 236; Stakić Trial Judgment, para. 631) and the crime of genocide by killing (Brđanin Trial Judgment, paras. 689, 739 and Blagojević Trial Judgment, para. 642). It is indeed rational that this element be interpreted consistently with respect to all crimes which contain a reference to it. As a general criterion of interpretation, it is suggested that where the same phrase is used throughout the Elements of Crimes, there should be a presumption that it is intended to be interpreted consistently. This presumption may be rebutted where it is shown that the context of the various crimes is such that it has an impact upon the meaning of the phrase. According to the ICTY, however, all the crimes in question serve the same fundamental purposes (eg Delalić Trial Judgment, para. 423). It thus seems unlikely that there would be a reason for giving the element that "the perpetrator killed one or more persons" different meanings in the context of the different crimes in which it is used.
In consideration of the above, the case authorities and extracts below are taken from any of the crimes using this element.
Although the element does not specify that the perpetrator must have "engaged in conduct that caused the death of one or more persons", this can be inferred. However it is not clear whether this includes omissions as well as acts. The ICTR has held that ‘murder’ (the material element of which under the Rome Statute is that "[t]he perpetrator killed one or more persons" and is therefore identical in content to the first element of extermination) involves a death that results "from an unlawful act or omission of the accused or a subordinate" (Akayesu Trial Judgment, para. 588). The ICTY Trial Chamber has also concluded, referring to the Commentary to the Fourth Geneva Convention, that "omissions as well as concrete actions can satisfy the actus reus element" of the war crimes of wilful killing and murder (Delalić Trial Judgment, para. 424). Some commentators have concluded that the Rome Statute’s silence on whether omissions can constitute commission of an offence, particularly in the context of some debate on this question, must be read as an indication that in the absence of specific provision for omissions (for example in article 28) they cannot lead to liability under the Statute. However, in the context of extermination, and particularly given the requirement that it includes "inflicting conditions of life calculated to bring about the destruction of part of a population", it seems possible that the drafters of the Statute did intend to include omissions, or at least to keep the question open. (An example might be an omission by authorities to provide food and water or medicine to detainees.) Given that the element is worded identically in the provisions concenring other crimes involving killing, omissions may be covered also under those provisions.
It is not necessary for the prosecution to be able to demonstrate, for each individual killing, the identity of the victim and the direct perpetrator. Nor is it necessary that the precise number of victims is known: Stakić Trial Chamber, para. 201.
5.1.1. Killing by direct methods.
P.1. Evidence of killing by particular methods.
P.1.1. Evidence of shooting to death.
A. Legal source/authority and evidence:
Prosecutor v. Milutinović et al., Case No. IT-05-87-T, Judgement (TC) Vol II, 26 February 2009, para. 678-679:
"678. The Chamber is satisfied that the evidence given by the survivors of the killings in Izbica is both credible and reliable in most respects. The events that these survivors witnessed were of an extremely traumatic nature and the Chamber considers it to be unlikely that they would have absolutely identical recollections of what occurred. Nevertheless, they may have felt obliged to try to assist the Chamber and, on occasion, as a result, have made errors in detail such as descriptions of particular individuals. The Chamber does not consider, therefore, that the differences in the accounts of Thaqi and Draga undermine their evidence of what happened on that day.
679. The Chamber finds that on 28 March 1999 over 100 men were separated from women and children gathered in a field in Izbica. These men were divided into two groups and shot as described by the survivors of the incident. In one of the groups, both Draga and Januzi estimated that there were around 70 men while Thaqi stated that he counted 33 men, including himself, in the second group. The Chamber has heard evidence that 14 men survived the incident. In addition to the men killed in these two groups, four other elderly people were killed in the field. The majority of the people killed on that day were elderly, which militates against them being active KLA members. Indeed, Gordana Tomašević noted in her report that most victims were dressed in civilian clothing. The Chamber has analysed the video footage in relation to two bodies described by the Lazarević Defence as wearing partial uniforms, and notes that both descriptions refer in fact to one corpse, that of an elderly man whose green overcoat does not look like a uniform."
Prosecutor v. Ljube Boškoski et. al., Case No. IT-04-82-T, Judgement (TC), 10 July 2008, para. 306:
306. As considered elsewhere in this Judgement, Rami Jusufi was shot at the entrance of his parents’ house in Ljuboten on the morning of 12 August. He died in the house a short time later. He was buried on the following day in the yard of a relative’s house. Approximately one month later, the family reburied him. His body was exhumed on 8 April 2002. DNA profiles confirmed that the body was that of Rami Jusufi. The autopsy, conducted on 9 April 2002 by the Institute of Forensic Medicine and Criminology in Skopje, recorded that a "perforation" was found in the lining of the peritoneum (abdominal cavity) to the left, corresponding to the level of the large intestine. In addition, a hole in the left thigh bone and perforation of the skin in the region of the groin were found. The opinion recorded is that the established "changes" were caused by a projectile discharged from a firearm, which "presumably" entered Rami Jusufi’s body in the region of the left lower third of the stomach, travelling from front to back, from right to left and from below to above. No bullets or fragments were retrieved from the body. The report does not express conclusions as to the cause of death. M171 testified, however, that on the basis of her expert medical experience with injuries to the abdomen inflicted by fire-arms, these types of injuries are not deadly, but serious, and can lead to death because of bleeding unless medical treatment is administered. In this case it is the evidence that obtaining medical treatment was impossible during the time that Rami Jusufi remained alive following the shooting, because of the activities of the armed police in the village in that period. In the Chamber’s finding Rami Jusufi died as a consequence of a gunshot wound."
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 293, 297 – 298, 302, 315, 320, 327 – 328, 340 – 341, 349:
"293. On the morning of 13 July, 16 Bosnian Muslim men who had been captured from the column were transported by bus from the warehouse in Konjevic Polje to the Jadar River bank.1052 Amongst them was a 15 year old boy. After the men got off the bus they were lined up alongside the river. Four Serb soldiers who had escorted them in the bus opened fire with their automatic rifles. One of the Bosnian Muslim men survived as he threw himself into the river after he was hit by a bullet.1053 This witness recognised one of the soldiers participating in the killings as a member of the 2nd PJP Company.1054"
"1052. According to Witness P-175 two Muslim men were left behind and nothing is known about them. Witness P-175 KT. 3275.
1053. Witness P-175, KT. 3271-78, 3286-87.
1054. Witness P-175 KT. 3267 (private session), 3272. Witness P-175 identified this soldier as being Nenad Deronjic, Nenad Deronjic was a member of the 2nd PJP Company. Nenad Deronjic, T. 8187, 8201. During his testimony Nenad Deronjic denied having participated in the killings; T. 8192."
"297. Witness P-106 testified that the soldiers started shooting as soon as the warehouse was full of people.1067 The soldiers were not only firing with infantry weapons and machine-guns into the warehouse through the doors and the windows, but also threw hand grenades into the warehouse.1068 Witness P-106 described that:
298. Witness P-106 estimated that the firing lasted for four hours.1070 Later in the night of 13 July, Witness P-106 found a neighbour hiding in a kind of reception booth in the warehouse. When he tried to leave the booth, his neighbour was shot and killed.1071 In order to avoid being killed, Witness P-106 hid under two dead bodies and spent the whole night like this.1072 Witness P-107 managed to escape the warehouse by climbing out of a window.1073 He was discovered and shot at again. Lying on the ground outside, he pretended to be dead.1074"
"1067. Witness P-106, T. 1221.
1068. Witness P-106, T. 1222-23; Witness P-107, KT. 2524. See also Ex. P561, Report by Michael J. Hedley, pp 9-10, stating that the forensic investigators found several parts, such as release pins, of grenades outside the warehouse; Ex. P565: expert report of Michael S. Maloney and Michael Brown, p. 2-7, stating that the forensic investigators found impacts on the walls inside the building and presence of explosive residue.
1069. Witness P-106, T. 1221-22.
1070. Witness P-106, T. 1245. Witness P-106 gave evidence that the shooting started at around 17:00 and lasted until 21 :00. Confronted with the statement of Witness P-107, at KT. 2523, according to whom the shooting started after it became dark, Witness P-106 repeated that the shooting started before night fell. Witness P-106, T. 1245-46.
1071. Witness P-106, T. 1222.
1072. Witness P-106, T. 1222.
1073. Witness P-107, KT. 2529.
1074. Witness P-107, KT. 2530-33."
"302. Jovan Nikolic [..] also witnessed executions that were going on at the other end of the warehouse. He described the executions as being carried out in the following way: men were lined up and told to lie down. Four soldiers were ordered to "vaccinate" them, meaning to shoot them in the back of the head. Then an order was issued to "check the vaccination" by shooting them below the left shoulder blade.1085 Jovan Nikolic started yelling at the soldiers, who then turned their guns toward him, but Perica Vasovic and a few villagers from Kravica intervened.1086"
"1085. Jovan Nikolic, T. 8012-13.
1086. Jovan Nikolic, T. 8014; Perica Vasovic, T. 8088."
"315. On 13 July VRS soldiers detained 22 Bosnian Muslim men at the Luke school.1148 […] At midnight, the Bosnian Serb soldiers made the men board a former JNA truck, and were driven to a wooded location called Rasica Gaj outside Vlasenica.1154 There, the Bosnian Serb soldiers pushed the Bosnian Muslim men, already very weak from the physical abuse, off the truck and "finish[ed] them off" with bursts of automatic gun fire.1155"
"1149. Witness P-101, KT. 1261, 1268.
1150. Witness P-101, KT. 1281-82.
1151. Witness P-101, KT. 1285.
1152. Witness P-101, KT. 1285-88. According to Witness P-101 the soldiers who were beating the Bosnian Muslim men were different from the ones that had guarded them during the day and were also wearing a different uniformWitness P-101, KT. 1287-88.
1153. Witness P-101, KT. 1286.
1154. Witness P-101, KT. 1293-95.
1155. Witness P-101, KT. 1296."
"320. […] At one point, two Bosnian Muslim men were taken outside and shot.1176 [..]"
"327. Later on 14 July, the Bosnian Muslim prisoners inside the gym were blindfolded and given some water by a woman in a camouflage uniform1205 and taken outside to TAM trucks that had arrived.1206 Approximately 30 men were loaded onto each truck.1207 They were driven to a field where they were ordered off the trucks and told to line up, still wearing the blindfolds. One of the survivors described what happened as follows:
One group of men after another was executed in this manner.1209 After the first burst of fire, the men doing the executions walked among the fallen men and shot at each person individually to ensure that men who had survived the first round of shooting were killed.1210
328. The shooting continued until dark when a loader and an excavator appeared at the site to dig a mass grave.1211 There were still Bosnian Muslim men being brought by VRS soldiers and put in front of the headlights of one of the machines to be shot.1212 Kemal Mehmedovic testified that he recognised a colleague of his, Gojko Simic, among the soldiers that had executed the Bosnian Muslim men.1213 Dragan Obrenovic testified that he learned from Lazar Ristic, that Gojko Simic, a member of the 4th Battalion of the Zvornik Brigade, had joined the first group of soldiers who were guarding the school and had later volunteered to participate in the killings.1214"
"1205 Kemal Mehmedović, T. 1285; Mevludin Orić, T. 1356. According to Witness P-130, a policewoman from the military police company of the Zvornik Brigade, was present at Orahovac on 14 July; Witness P-130, T. 6619.
1206 Kemal Mehmedović, T. 1284-85; Mevludin Orić, T. 1355-56; Witness P-110, KT. 2825.
1207 Kemal Mehmedović, T. 1285.
1208 Mevludin Orić, T. 1357.
1209 Kemal Mehmedović, T. 1285-86; Mevludin Orić, T. 1356-57.
1210 Kemal Mehmedović, T. 1285-86. The survivors descried the men doing the executions as "soldiers" or "Serbian soldiers" but there is no evidence before the Trial Chamber to confirm that they were soldiers, members of the MUP or civilians, and what their ethnicty or nationality was, including whether they were from Bosnia and Herzegovina or Serbia.
1211 Kemal Mehmedović, T. 1286-89; Mevludin Orić, T. 1358; Witness P-110, KT. 2825.
1212 Mevludin Orić, T. 1358. According to Witness P-110 they shot the men in front of a second excavator that had arrived at the site, KT. 2827.
1213 Kemal Mehmedovi}, T. 1286-87. Kemal Mehmedović recognised the voice of his colleague, and he heard that the other soldiers used the name Gojko. Kemal Mehmedović, T. 1287.
1214 Dragan Obrenović, T. 2537-38. Dragan Obrenović testified that he learned that Gojko Simić was on leave on 14 July. Dragan Obrenović, T. 2537.
"340. At one point the Bosnian Muslim men were told that they would be going for "some kind of examination".1257 When they were taken out of the school to trucks, they had to take off some of their clothes and their shoes, and their hands were tied behind their backs.1258 They had to walk over many dead bodies barefooted in order to get onto the trucks. When the trucks were about to leave, the VRS soldiers started shooting at the men.1259
341. After a short drive, the trucks stopped next to the Petkovci dam.1260 The Bosnian Muslim men were ordered to leave the trucks in groups of five and ten. They were lined up in rows and shot with automatic rifles. Those who were not immediately killed were then shot individually.1261 Witness P-111 described the scene:
"1257. Witness P-111, T. 1408.
1258. Witness P-111, T. 1409; Witness P-112 testified that he saw a pile of clothing and documents in the corridor of the school, KT. 2968-69.
1259. Witness P-111, T. 1416; Witness P-112, KT. 2969-71, 2974.
1261. Witness P-111, T. 1416-20; Witness P-112, KT. 2976-77.
1262. Witness P-111, T. 1418; 1421."
"349. On 16 July, the prisoners were told that everybody could leave for Tuzla.1298 Their hands were tied behind their backs and they were taken to buses.1299 The VRS soldiers were swearing at the Bosnian Muslim men and occasionally, a prisoner was hit with a rifle butt.1300 The prisoners were taken to Branjevo Military farm,1301 which is part of Pilica local commune. Members of the Drina Corps Military Police Battalion escorted the buses.1302 The prisoners were taken off the buses in groups and brought to a meadow.1303 Soldiers, standing in a line, told the men to turn their backs and shot the prisoners with automatic rifles and machine guns.1304 After every group of Bosnian Muslim men was executed, the soldiers asked if there was anybody still alive. The men who responded were then also killed.1305 According to a VRS soldier, the execution started around 10:00 and ended around 15:00 or 16:00.1306 A survivor testified that the shooting only stopped after about four hours when the buses stopped arriving.1307 […]"
"1298. Witness P-105, T. 1193. Witness P-113 gave evidence that a soldier said that all young men were to leave the sportshall in order to be exchanged. Witness P-113, KT. 3040.
1299. Witness P-105, T. 1193; Witness P-113, KT. 3040. See also Witness P-116, Ex. P455, p. ERN 03391124.
1300. Witness P-105, T. 1194.
1301. Witness P-113 referring to Ex. P18.1 (photograph of Branjevo Military Farm); KT. 3042-43; Ex. P455 (statement of Witness P-116), ERN 03391124.
1302. Dražen Erdemovic, KMT. 843 -44.
1303. Witness P-105 gave evidence that while escorting him to the execution site one soldier asked him for German marks and kicked him in the stomach when he told the soldier that he had none, T. 1194-95. Witness P-113, KT. 3040.
1304. Witness P-105, T. 1195; P 113, KT. 3041. The soldiers were also ordered to shoot the Muslim men individually. Dražen Erdemovic testified that men who did not die immediately were "finished off " with pistols; KT. 3181.
1305. Witness P-105, T. 1195-96; P 113 testified that a soldier asked if anyone was wounded and said that the wounded would be bandaged; KT. 3040-42.
1306. Dražen Erdemovic, KT. 3137.
1307. Witness P-113, KT. 3042."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 400, 405 – 410, 418 – 419, 421, 427, 454, 461:
"400. The Trial Chamber is satisfied that, on 15 August 1992, five members of a Bosnian Muslim family were killed while sitting in front of their house in the village of Culum near Banja Luka.947 Three individuals, two of whom were armed with automatic rifles and dressed in camouflage uniforms, approached the house and opened gunfire on the family.948 The perpetrators were later identified as the Sugic brothers.949"
"947. BT-12, T. 4186-4187 (closed session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927928.
948. BT-12, T. 4186-4187 (closed session).
949. BT-12, T. 4218-4219 (closed session); ex. P531 (under seal)."
"405. The village of Kamicani was predominantly inhabited by Bosnian Muslims.981 From 24 to 26 May 1992, the village was attacked by Bosnian Serb military.982 At least eight Bosnian Muslims were hiding during that period in the basement of Mehmed Sahuric's house. These persons were shot dead by Bosnian Serb soldiers after their place of refuge was discovered.983 Their bodies have subsequently been retrieved and identified.984
406. The Trial Chamber finds that at least eight Bosnian Muslim men were shot and killed985 when on 14 June 1992, Bosnian Serb soldiers entered the village of Jaskici.986 The bodies of those men have been exhumed and identified.987
407. The village of Biscani comprises the hamlets of Mrkalji, Hegici, Ravine, Sredici and Duratovici.988 On 20 July 1992, Bosnian Serb forces conducted an onslaught on the entire Brdo area, of which Bi scani forms part.989 They consisted of military and police and were wearing different kinds of uniforms.990 The Bosnian Muslim population of Biscani was told to gather at various collection points throughout the village. One collection point was at a coffee bar in Biscani.991 The Trial Chamber is satisfied that on that location, five unarmed men were shot dead by Bosnian Serb soldiers.992
408. On the same day, Bosnian Serb soldiers lined up between 30 and 40 Bosnian Muslim residents of Mrkalji at a nearby clay pit.993 There were military vehicles, including an armoured personnel carrier, and more than 20 soldiers in camouflage uniforms with them.994 None of the Mrkalji residents at the clay pit wore a uniform.995 The Trial Chamber is satisfied that all of them were executed with rifles by the Bosnian Serb soldiers present.996
409. The Trial Chamber is further satisfied that a large number of other killings of Bosnian Muslims and Bosnian Croats occurred in the Brdo area around 20 July 1992 as a result of the campaign conducted by Bosnian Serb forces.997 In an orchard in Hegici, 12 persons were lined up and shot dead with rifles.998 […]
410. Prior to 1992, almost the entire population of the village of Carakovo were Bosnian Muslims.1002 On 23 July 1992, Bosnian Serb tanks attacked Carakovo, after several demands that residents should hand in weapons had been issued.1003 The Trial Chamber finds that during the raid, at least 16 civilians were killed. Three of them were shot dead in front of their houses.1004 Drago Tintar, one of the Bosnian Serb soldiers, killed Hasib Simbegovic with his rifle when the latter was about to board a bus.1005 Bosnian Serb soldiers also took Bosnian Muslim and Bosnian Croat civilians from Carakovo to the Zeger bridge on the Sana River,1006 where a number of them were shot dead. Their bodies were thrown into the river.1007"
"981 BT-29, ex. P560, T. 6209 (under seal).
982 BT-29, ex. P560, T. 6209 (under seal).
983 BT-29, ex. P560, T. 6237-6248 (under seal).
984 Ex. P2006.2, "Exhumations and Proof of Death, Municipality of Prijedor, Nicolas Sébire, 28 August 2002",
01843975-01843976; BT-29, ex. P560, T. 6244-6245 (under seal).
985 Senila Elkašović, ex. P566, T. 4612-4614; Draguna Jaškić, ex. P567, T. 4505-4506.
986 Senila Elkašović, ex. P566, T. 4602.
987 Senila Elkašović, ex. P566, T. 4612-4614; ex. P2006.2, "Exhumations and Proof of Death, Municipality of Prijedor,
Nicolas Sébire, 28 August 2002", 01843977-01843978.
988 BT-32, ex. P1515, T. 5880 (under seal).
989 BT-78, ex. P562, T. 6859 (under seal); BT-32, ex. P1515, T. 5884 (under seal).
990 BT-78, ex. P562, T. 6862 (under seal).
991 BT-78, ex. P562, T. 6860-6861 (under seal).
992 BT-78, ex. P562, T. 6862-6864 (under seal).
993 BT-32, ex. P1515, T. 5884 (under seal).
994 BT-32, ex. P1515, T. 5890-5894 (under seal); BT-32, T. 11849 (closed session).
995 BT-32, ex. P1515, T. 5894-5895 (under seal).
996 BT-32, ex. P1515, T. 5893-5894 (under seal); BT-32, T. 11867-11869 (closed session).
997 BT-32, ex. P1515, T. 5903-5933 (under seal).
998 BT-32, ex. P1515, T. 5919 (under seal); BT-32, T. 11851 (closed session).
999 BT-32, T. 11851 (closed session).
1000 BT-32, ex. P1515, T. 5910-5912, 6002-6004 (under seal); BT-32, T. 11852-53 (closed session).
1001 BT-32, ex. P1515, T. 5966-5968 (under seal); BT-32, T. 11864 (closed session).
1002 BT-30, ex. P1541, T. 5720 (under seal).
1003 BT-30, ex. P1541, T. 5727, 5730 (under seal).
1004 BT-30, ex. P1541, T. 5732-5734 (under seal).
1005 BT-30, T. 12555 (private session); BT-30, ex. P1541, T. 5748 (under seal).
1006 This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.""
"418. On 31 May 1992, soldiers in JNA uniforms, who referred to themselves as the 'Serbian Army'1044, came to the village of Hrustovo,1045 which was inhabited by Bosnian Muslims.1046 Prior to their arrival, there had been announcements on the local radio on behalf of the 'Serbian Republic' demanding that Bosnian Muslims surrender their weapons.1047 At the hamlet of Jelecevic, the local population was ordered to leave their homes and to go to another village so the soldiers could search their houses for weapons. In Kukavice, another hamlet of Hrustovo, Bosnian Muslims from various hamlets gathered in a garage adjacent to Ibrahim Merdanovic's house.1048 Out of 30 persons inside the garage, there was only one man, Husein Merdanovic, the rest being women and children.1049
419. At one point, Bosnian Serb soldiers came to the garage and started shouting. Shots were fired, and the people inside the garage panicked. Husein Merdanovic walked out of the garage and was shot dead immediately.1050 Then, the soldiers started to fire into the garage randomly.1051 Some people left the garage and tried to escape, but the soldiers continued to shoot at them as they fled.1052 The Trial Chamber finds that, at a minimum, 15 members of the Merdanovic family were killed.1053"
"1044 BT-14, T. 7225-7226 (closed session) and BT-15, T. 7248 (closed session).
1045 This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.
1046 BT-14, T. 7207; BT-15, T. 7248 (closed session).
1047 BT-14, T. 7230 (closed session); BT-15, T. 7246-7247 (closed session).
1048 BT-14, T. 7207-7210 (closed session).
1049 BT-14, T. 7212 (closed session).
1050 BT-14, T. 7213-7214 (closed session).
1051 BT-14, T. 7216 (closed session).
1052 BT-14, T. 7217 (closed session).
1053 BT-14, T. 7220-7222 (closed session) and BT-15, T. 7250-7252 (closed session). Nicolas Sébire, ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927941- 02927942. See also ex. P797, an "Official Report" by the Federation of Bosnia and Herzegovina Ministry of Interior of 22 October 1996 on an exhumation in Kukavice."
"
"421. The hamlet of Budim belongs to the village of Lukavica. Before 1992, it was nicknamed ‘Alibegovic’ because the majority of its Bosnian Muslim inhabitants shared that surname.1058 The Trial Chamber finds that on 1 August 1992, Bosnian Serb soldiers attacked Budim and executed 14 members of the Alibegovic family, all of whom were unarmed civilians.1059 The victims were shot from a close distance with automatic weapons.1060 The survivors were allowed to bury their relatives only in the presence of a Bosnian Serb.1061"
"1058. BT-23, T. 6406-6407 (private session).
1059. BT-23, T. 6430-6431 (private session); Nicolas Sébire, ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927948-02927949.
1060. BT-23, T. 6432 (private session).
1061. BT-23, T. 6431 (closed session)."
"427. During the evening of 1 June 1992, Bosnian Serb police from the checkpoint at Velagici sent a man to the predominantly Bosnian Muslim hamlets of Vojici, Nezici, Hasici, Castovici and Hadzici. He informed the local population that they were obliged to come to Velagici to obtain a permit in order to be allowed to move around freely.1089 In the old primary school in Velagici, located in the immediate vicinity of the Bosnian Serb checkpoint, around a hundred residents from these hamlets were confined.1090 Both Bosnian Serb policemen and soldiers were present.1091 Zoran Dvizac, a man in an olive-grey uniform, took down the names of all present.1092 Shortly before midnight, people were taken out from the school and ordered to line up in front of the building. Then, two Bosnian Serb soldiers armed with automatic rifles opened fire on them.1093 The soldiers continued firing until every person had fallen down. Thereafter, they shot at those who still appeared to be alive.1094 A witness described that one person survived the massacre.1095 The Trial Chamber is satisfied that at least 77 civilians were killed in this incident.1096"
"1089 BT-26, T. 9120-9121 (closed session); Ajiz Begić, ex. P549, 92bis statement, 2109338.
1090 BT-26, T. 9127 (closed session).
1091 BT-26, T. 9123 (closed session).
1092 BT-26, T. 9123-9124 (closed session).
1093 BT-26, T. 9129 (closed session).
1094 BT-26, T. 9129 (closed session).
1095 BT-26, T. 9129, 9150-9151 (closed session).
1096 Ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003",
02927969-02927971."
"454. The Trial Chamber is satisfied that on 5 August 1992, detainees from the Keraterm and Omarska camps were put on buses which headed towards Sanski Most.1182 On the way, unidentified Bosnian Serbs shot dead a number of them."
"461. […] At least seven detainees were killed in a school room with an automatic rifle by a Bosnian Serb called Jojo Plavanjac.1212"
"1212. BT-56, T. 17488-17490."Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 333 – 334, 338, 355, 375:
"333. Prosecution Witness GAA testified that Pastor Nkuranga, accompanied by Bucundura, came out of his house and shouted, "I am Pastor Nkuranga, do not shoot at me." The Witness testified that at that moment, one of the soldiers shot and killed Bucundura and afterwards they shot three others. He further testified that Bucundura was shot when the two vehicles were there. The Witness did not mention Bucundura’s shooting in his statement of 6 July 1999.
334. Prosecution Witness GAA testified that in Kamuhanda’s presence, Hutus shouted, "Get to work Kamuhanda is here now." The Witness testified that Kamuhanda went back into his vehicle and left while Hutus continued to shoot Tutsis. The Witness further testified that Kamuhanda was present during these killings but he did not stop the soldiers from shooting. The Witness’s family members told him that the shooting continued for four to five hours, and after he returned from exile he estimated the number of people killed at approximately three thousand."
"338. Prosecution Witness GEE testified that a policeman shot at Bucundura, who died on the spot. He was able to see the shooting from where he stood, despite the crowd of refugees and the cattle. The refugees then fled to the classrooms where they were shot at, flushed out, and ordered to lie down."
"355. Prosecution Witness GEG testified that the attack started when a person, who arrived in the white truck shot Augustin Bucundura, an old man standing next to the pastor. In cross-examination, the Witness testified that Bucundura’s wife, standing next to him, died immediately. Kamuhanda left soon afterwards. In cross-examination, the Witness testified that Kamuhanda was at that location briefly, approximately two to ten minutes. The Witness never saw Kamuhanda again, and said that he may not be able to recognise him."
"375. Prosecution Witness GEP testified that after Kamuhanda had finished speaking to a man, one of the passengers in the vehicle he had come in shot the man dead. On cross-examination, the Witness stated that people there said that the person shot was a Protestant Priest called "Bucundura", whom she did not know. On cross-examination, she also stated that Kamuhanda had a discussion with the pastor before they killed Bucundura. The Witness stated Kamuhanda said nothing after the man was killed, but turned around and, as their leader, told the others, "Start working", so as to incite them to kill."
"403. Defence Witness GPE testified that after the death of President Habyarimana, there were massacres in Gikomero commune, committed at the Parish on 12 April 1994. She testified that this attack was launched between 1:00pm and 2:00pm but closer to 2:00pm. She explained that at the time of the attack she was at home as usual. The Pastor was with the refugees at this time. When he returned to his home to eat lunch he and others in the house heard engines. The Pastor then went out of the house as did Bucundura, who was also inside, ready to eat lunch with the Pastor. She testified that, even as vehicles were arriving in front of the Church, other persons were arriving from another side. Reuben, a man from the northern side of Gikomero Hill, came from that direction. He was not in any of the vehicles. Ruben said, "Are you still here?" As Reuben spoke to them, the vehicles were still arriving and had not yet parked. The Witness also stated that, "At that point the pastor heard someone speaking to him, saying, ‘Are you still there when you are amongst those persons who are meant to be killed?’" When Bucundura heard this question, he turned probably to warn his children, but at that point he was killed by a bullet. During this incident, people were alighting from the vehicles. They asked who the owner of the house was, and were told that it was the Pastor’s home. At that point someone seized the Pastor and told him to point out the "accomplices". The same person went into the Pastor’s residence and looted everything. The Witness testified that the assailants targeted the Pastor because he had given shelter to the refugees. She explained that the search for "accomplices" was just a pretence to pillage the Pastor’s house."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 568:
"568. Prosecution Witness GBG testified that, upon arriving at the house of Munyemvano, the Accused shot and killed Gateyiteyi, who was Munyemvano's son, at a spot where they had dug a compost ditch.745 […]"
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 202, 217, 262, 266:
"202. Based on the evidence of Samir Poljak, who testified about his detention in the Benkovac barracks, the Trial Chamber finds that at least one killing occurred at the Benkovac barracks. He recalls that a detainee by the name of Mr. Alic was beaten so badly that he could no longer stand the pain and begged to be killed. He heard a shot and then silence.409"
"217. The prisoners were then ordered to line up and board two of the buses. There were approximately 100 people packed onto each bus.450 One individual in police uniform appeared to be in charge during this transfer procedure. He was carrying a pistol and had thick black hair.451 The bus travelled for about another 10-15 minutes and then drew up on a road flanked on one side by a steep cliff and on the other by a deep gorge. The men were ordered to get out and walk towards the edge of the gorge where they were told to kneel down. The individual who appeared to be in charge said: "Here we exchange the dead for the dead and the living for the living."452 Then the shooting began. Two soldiers went to the bottom of the gorge and shot people in the head.453"
"450. Witness X, T. 6900-02.
451. Witness X, T. 6902-03.
452. Witness X, T. 6904-06.
453. Witness X, T. 6906-07."
"262. Witness C testified that his two brothers were killed in Biscani (Mrkalji) during an attack on that village by the Serb forces on 20 July 1992.635 The two brothers, together with their families, were sheltering in a basement when soldiers broke in and escorted the two brothers out.636 They were taken next door and killed with automatic rifles.637 The wife of one of the brothers related this story to Witness C when they met in Karlovac.638 At the time of their death, the two brothers were dressed in civilian clothes and were unarmed.639 Their corpses were collected some days later and driven to an unknown destination.640"
"636. Witness C, T. 2344.
637. Witness C, T. 2344-45.
638. Witness C, T. 2343-44.
639. Witness C, T. 2345.
640. Witness C, T. 2345."
"266. On 1 July 1992, in Carakovo, several men wearing police uniforms killed three men at the Behlici settlement with automatic rifles. Two of the perpetrators and two of the dead persons have been identified.647"
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, para. 94:
"94. […]The witness was about 20 metres from the Accused and saw the Accused shoot at the refugees with a medium-sized gun. The witness could not say if the Accused actually shot anyone, but said that since many people were killed by the bullets, the Accused must have shot someone. […]"
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 365 – 366, 554, 639:
"365. Witness GG testified that he saw Gérard Ntakirutimana shoot Ukobizaba in the hospital courtyard. Although the witness was unsure as to the time of day the incident occurred, he said it was in the middle of the day, "when there was a lot of sunshine". Upon returning from the chapel, Witness GG heard the Accused call out to Ukobizaba. Gérard Ntakirutimana was alone at the time, and he was carrying a pistol. He shot Ukobizaba in the chest, and the victim fell on his back. He then took a set of keys from Ukobizaba’s waist belt. Following this, the witness "immediately" went to hide in the surgery room and did not see anything that happened subsequently. [506]
366. Witness HH testified that between noon and 1 p.m., from the "big room" of one of the buildings belonging to the hospital, which faced Ukobizaba’s office, he saw Ukobizaba standing with Gérard Ntakirutimana about 20 metres away, in the hospital courtyard, near the parking lot.[507] The witness estimated that Ukobizaba was between 15 and 20 metres from the main entrance to the building housing his office. He testified that the Accused and Ukobizaba were facing and talking to each other, although the witness could not hear what they were saying. The Accused had a pistol. Witness HH saw Ukobizaba give something to Gérard Ntakirutimana, which the witness presumed was the key to the victim’s office. The witness testified that he observed Ukobizaba standing still for a very short time before he heard a gunshot and saw Ukobizaba fall, although he later said he did not know how many times Ukobizaba was shot. Witness HH concluded that it was Gérard Ntakirutimana who shot Ukobizaba "because there was nobody else near or close by to these people, and … I had just seen Dr. Ntakirutimana with a gun, and he was aiming at him".[508] At the time Ukobizaba was shot, there were other persons in the hospital courtyard, according to the witness, who were also engaged in killing refugees, but those others were not shooting when Ukobizaba was shot. However, Witness HH did hear gunshots at the time of the incident, although he was not clear whether they came from far away or from nearby buildings. […]"
"Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 66 – 69:
"66. The Bosnian Muslim men who had been separated from the women, children and elderly in Potocari (numbering approximately 1,000) were transported to Bratunac and subsequently joined by Bosnian Muslim men captured from the column. No discernible effort was made to keep the prisoners from Potocari and the men captured from the column in woods separate. These men were held in various locations, such as an abandoned warehouse,128 an old school129 and even in the buses and trucks that had brought them there.130 During the nights, individual prisoners in Bratunac were called out, and cries of pain and gunfire could be heard.131 After being detained in Bratunac for between one and three days, the prisoners were transported elsewhere, as the buses used to evacuate the women, children and elderly from Potocari became available.
67. Almost to a man, the thousands of Bosnian Muslim prisoners captured, following the take-over of Srebrenica, were executed. Some were killed individually or in small groups by the soldiers who captured them and some were killed in the places where they were temporarily detained. Most, however, were slaughtered in carefully orchestrated mass executions, commencing on 13 July 1995, in the region just north of Srebrenica. Prisoners not killed on 13 July 1995 were subsequently bussed to execution sites further north of Bratunac, within the zone of responsibility of the Zvornik Brigade. The large-scale executions in the north took place between 14 and 17 July 1995.
68. Most of the mass executions followed a well-established pattern. The men were first taken to empty schools or warehouses. After being detained there for some hours, they were loaded onto buses or trucks and taken to another site for execution. Usually, the execution fields were in isolated locations. The prisoners were unarmed and, in many cases, steps had been taken to minimise resistance, such as blindfolding them, binding their wrists behind their backs with ligatures or removing their shoes. Once at the killing fields, the men were taken off the trucks in small groups, lined up and shot. Those who survived the initial round of gunfire were individually shot with an extra round, though sometimes only after they had been left to suffer for a time.132 Immediately afterwards, and sometimes even during the executions, earth moving equipment arrived and the bodies were buried, either in the spot where they were killed or in another nearby location.
69. At several of the sites, a few wounded people survived by pretending to be dead and then crawled away. The Trial Chamber heard from some of these survivors about their ordeals. It also heard from a member of the VRS who participated in one of the largest executions, which took place on 16 July 1995.133"
"128. Witness N, T. 2801.
129. Witness I, T. 2374.
130. Witness N, T. 2802; Witness I, T. 2374 (old school).
131. Witness L, T. 2668; Witness N, T. 2804; Witness Q, T.2957; Witness I, T. 2377.
132. See, e.g., Witness Q, T. 3033, 3035-3036 ; Witness L, T. 2690 (when a wounded man at the Orahovac site asked to be finished off, the Serb soldier replied "slowly, slowly").
133. See generally the discussion Infra paras. 195-253."
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, paras. 177, 183, 197:
"177. […] After this distribution of weapons, according to Witness J, the shooting started. Witness J testified that Muzehe immediately shot someone called Rusagara, who was standing with them, and Rusagara died on the spot. He estimated that from the time of the arrival of the vehicle to the time of this first shot, less than ten minutes passed. When he heard the shot, Witness J immediately fled. The shooting continued, and Muzehe and Bizimungo shot at young people known to Witness J, whom he named as Kalinda Viater and Musoni Emmanuel. Witness J saw them fall immediately and jumped over their bodies as he fled home. He stated that all the men he saw shot were Tutsi."
"183. Witness M said that the killing began that afternoon. After hearing the Accused say that the Tutsi should be killed, Witness M went back to where he was staying. In the afternoon, Muzehe shot Nyamugambo, the person who had provided refuge to Witness M, with the gun he had received from the Accused and then he came to loot the house. […]"
"197. […] Immediately following the distribution of the guns, Muzehe shot Rusagara, who died on the spot, and the shooting continued. Kalinda Viater and Musoni Emmanuel were shot by Muzehe and Bizimungo and fell immediately. All of the men shot were Tutsi. The crowd did not immediately disperse when the guns were distributed because they had been led to believe the Interahamwe who had received the weapons would protect them."
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, para. 442:
"442. […] Kayishema shot at Rutazihana, a fleeing Tutsi refugee, and killed him instantaneously. […]"
Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 237, 244, 257, 265:
"237. Karangwa testified under cross-examination, that when the Accused arrived at Laurent Kamondo's house at Musambira he immediately searched the house and found his three brothers. The Accused then killed the witness's three brothers by shooting them. […]"
"244. […] The three brothers were made to sit on the lawn about two metres from the entrance to the court yard, in the presence of the Accused. The bourgmestre of Musambira, Justin Nyangwe asked the Accused if he knew these three brothers. The Accused replied that they were from his commune. Justin Nyangwe then asked the Accused what must be done with them and the Accused responded by saying "we need to finish these people off..." and he confirmed this response by saying, they need to be shot. The police officers from Musambira made the three brothers lie on their stomachs. There was a crowd of people that had now gathered and they were asked to step back. All three brothers were shot at close range behind their heads, by two police officers from Musambira. Monzatina (phonetic spelling) shot two of the brothers and Albert shot one of the brothers."
"257. Karangwa hid on a hill approximately 80 metres from the house of witness S in Musambira, to await his brothers. […] Karangwa heard shouts and whistles, and thereafter saw his brothers in the courtyard with these people. He heard the Accused say that his brothers must be shot and he heard gun-shots. His three brothers whom he names in his written statement to the prosecutor as; Simon Mutijima, Thadée Uwanyiligira, and Jean Chrysostome were shot dead."
"265. […] The bourgmestre of Musambira asked the Accused if he knew the men and what should be done with them. The Accused said they came from his commune and said we need to finish these people off-they need to be shot. All three brothers were then shot dead at close range in the back of their heads by two policemen from Musambira, in the Accused's presence."
[B. Evidentiary comment:]
P.1.2. Evidence of killing with machetes.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 292:
"292. In the afternoon of 12 July, a Bosnian Muslim man witnessed the killing of an estimated 100 Bosnian Muslim men1049 by approximately ten VRS soldiers close to the UN compound in Potocari over the course of three hours.1050 He described that the men were lead onto some kind of scaffolding, decapitated with a "kind of machete" and that their heads were thrown in a pile. Some of the VRS soldiers left from time to time to bring more Bosnian Muslim men to be killed at the site. The dead bodies were put in blue bags, and loaded onto a truck, that left the area on several occasions to return again.1051"
"1049. Hidden behind a shed, Bego Ademovic and his colleague Dzemal Karic counted how many men were killed with the aid of a pencil and a cigarette box. The pencil broke at 83 and the killings continued until over one hundred; Bego Ademovic, KT. 1595-96."
1050. Between the Zink factory and Aljo’s house; Bego Ademovic, KT. 1593-94, 1625.
1051. Bego Ademovic, KT. 1594-96, 1619-20."
Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, para. 112:
"112. Witness TAQ explained that three refugees – Murefu, an old teacher, Simon Buhonogo and Rujigena, who were all Tutsi – enquired from the Accused as to what the Tutsi had done and why they were being killed. She too approached him at that particular moment. She heard him reply to the three Tutsi furiously that he had no answer to give them, because "the Tutsi’s hour had come". She then saw him take a machete from an Interahamwe and use it to strike Murefu on the neck. Murefu dropped dead immediately. It was then that a young man, whom the witness did not know, allegedly "cut up" Simon Buhonogo with the machete, while a policeman shot Rujigena. Buhonogo and Rujigena were behind Murefu.[92]"
"639. […] The group of refugees then ran away amidst gunshots and grenade explosions, while the wounded were "finished off" by machetes, spears and hoes. He identified the two Accused as the leaders of the attack, along with bourgmestre Ndimbati (heading a group of attackers from Gisovu), Eliézer Niyitegeka, Alfred Musema, Charles Sikubwabo, Obed Ruzindana and Mika Muhimana.[975]"
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, paras. 244, 411 – 412:
"244. At the said pit, the 14 persons were made to sit down in a hole, the location of which Witness Q recognized on a slide, tendered as exhibit 168, and ordered to look down. The people who had taken them to the pit then asked the Accused, who was present at the site, whether to use guns or machetes to kill them. The Accused allegedly told them "to kill with guns, is a waste of bullets." Witness Q stated that the people who had taken them to the pit then started to kill with machetes. At that point he bowed his head and then he lost consciousness upon seeing two persons die."
"411. […] The Accused was present at this location, and when Emmanuel Kayitare tried to escape by running off, the Accused grabbed him by his collar and struck him on his head with a machete, which resulted in his death.
412. […]The Chamber finds that the act of killing Emmanuel Kayitare, taken together with other proven acts, such as, the distribution of fire arms and machetes to the Interahamwe and the killings at ETO and Nyanza, cumulatively form the basis for crimes against humanity (extermination). […]"
Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, para. 278:
"278. Witness K testified she heard Akayesu tell those present to fetch the one who remained. She said this person was a professor by the name of Samuel. Witness K said that they fetched him and she saw him being killed with a machete blow to the neck."
[B. Evidentiary comment:]
P.1.3. Evidence of killing by grenade.
A. Legal source/authority and evidence:
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003,para. 253:
"253. The only survivor, Fatima Sahoric, was detained in Trnopolje. She and her family along with a number of neighbours had been sheltering in the basement of their house on 26 May 1992 when a group of soldiers arrived and asked them to surrender their weapons. Then a soldier fired a rifle-launched grenade into the basement and everyone, except Fatima, was killed.608"
[B. Evidentiary comment:]
P.1.4. Evidence of shelling causing death.
A. Legal source/authority and evidence:
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 401, 423:
"401. On the evening of 22 May 1992, a shooting incident occurred at a checkpoint of the TO near Hambarine, a village predominantly inhabited by Bosnian Muslims.Prosecutor v. Lukić et al., Case No. IT-98-32/1-T, Judgement (TC), 20 July 2009, para. 917:
"917. The Trial Chamber further recalls its finding that in the evening on 14 June 1992, Milan Lukić returned to Jusuf Memić’s house, where at least 66 persons were held, and herded these individuals to Adem Omeragić’s house and into a single room of this house. The Trial Chamber has found that Milan Lukić then closed the door to the room. After a certain time, Milan Lukić opened the door and placed an incendiary device into the room which exploded, igniting the fire inside the room. The Trial Chamber has also found that Milan Lukić fired at the windows to the room where the Koritnik group was trapped, and that he shot at individuals who escaped through the windows."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, para. 431:
"431. The Trial Chamber is satisfied that, in mid-August of 1992, Bosnian Serb forces set on fire the Bosnian Muslim village of Cirkici, in the course of which six women and one man were killed.1107"
[B. Evidentiary comment:]
P.1.6. Evidence of beatings causing death.
A. Legal source/authority and evidence:
Prosecutor v. Naser Orić, Case No. IT-03-68-T, Judgement (TC), 30 June 2006, para. 381, 383:
"381. In the reception room, Kemo and Mrki started to beat Dragutin Kukić. As Mrki threw Dragutin Kukić to the ground, the latter cursed Mrki’s and Kemo’s "ustaša mothers". In response to this insult, Kemo took a wooden log and forcefully hit Dragutin Kukić with it on his chest. He immediately lost any sign of life and seems to have died instantly […]"
"383. The Trial Chamber finds that the blow inflicted by Kemo on Dragutin Kukić’s chest caused his immediate death. In addition, it is satisfied that Kemo acted with reasonable knowledge and acceptance that this would more likely than not cause the death of Dragutin Kukić. Consequently, the Trial Chamber finds beyond reasonable doubt that the circumstances of Dragutin Kukić’s death at the Srebrenica Police Station fulfil the elements of murder."
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 276:
"276. […] On a few occasions, soldiers brought beaten up prisoners back into the hangar.994 Some men had to hold badly beaten prisoners due to the lack of space and some of the wounded died overnight.995"
"994. Witness P-110, KT. 2804.
995. Witness P-110, KT. 2804-05."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 437 – 440, 461, 464:
"437. Inside the camp, some inmates were beaten to death.1131 Omer Filipovic, a prominent detainee from Kljuc, was beaten on a daily basis and died on 28 July 19921132 as a result of the severe beatings.1133
438. Upon his arrival at Manjaca camp, Esad Bender was already covered with bruises and other signs of beatings.1134 One night on or around 28 June 1992, he was called out from the stable where the detainees were housed. Shortly after his return in the morning,1135 Esad Bender died as a result of the beatings inflicted on him during that night.1136
[…]
440. The Trial Chamber is satisfied that between June and November 1992, at least 10 prisoners died inside Manjaca camp as a result of beatings or of sporadic killings.1138"
"1131 Adil Draganović, T. 5082.
1132. Enis ?abanović, T. 6518-6520; Muhamed Filipović, T. 9621.
1133. Ex. P2015a and P2015b, "Reports on the autopsy of the bodies of Esad Bender and Omer Filipović".
1134. Enis ?abanovicć T. 6657.
1135. Sakib Muhić, T. 8139; Muhamed Filipović, T. 9623.
1136. Atif Džafić, ex. P1123, 92bis statement, 2004688; Enis ?abanović, T. 6657.
1137 BT-36, T. 11066 (closed session).1138. Enis ?abanović, T. 6522; Adil Draganović, T. 5093; BT-36, T. 11064, 11066 (closed session)."
"461. […] The Trial Chamber is satisfied that numerous detainees were killed at the Petar Kočić school. One of them was beaten to death.1211"
"464. At the same time, a prison for Bosnian Muslim men from the region was set up in the ‘Apoteka’ building in Pribinić, which prior to the outbreak of conflict had been used for storage purposes.1226 Dragan Babić, a local Bosnian Serb and a military police officer, was in command of the prison facility.1227 The number of prisoners varied between 7 and 25 at a given time.1228 The Trial Chamber finds that at least five detainees succumbed to their injuries as a result of the beatings received at the ‘Apoteka’ building in Pribinić.1229"
"1226. BT-64, T. 16967, 16969.
1227. BT-64, T. 16968.
1228. BT-64, T. 16972.
1229. BT-64, T. 16976."
[B. Evidentiary comment:]
Prosecutor v. Rasim Delić, Case No. IT-04-83-T, Judgement (TC), 15 September 2008, paras. 311 and 313:
"311. Several days after 17 September 1995, Nenad Jović, a Bosnian Serb who was probably in his 70s, was put in the room of the ten detainees.836 Because he was frequently swearing and cursing, Mujahedin specifically targeted him for beatings.837 At one point, Jović drank from a bucket of water given to the detainees by the guards. The bucket also contained traces of oil. Jović died on one of the following days and his body was carried away on a wheelbarrow."
"313. With respect to Nenad Jovi}, the Trial Chamber finds that he died either as a result of the beatings or of drinking unsuitable water, or a combination of both in conjunction with the conditions of detention at the Kamenica Camp. Consequently, the Trial Chamber finds that EMD members at the Kamenica Camp inflicted acts on him with the intent to cause serious bodily harm, which the perpetrators should reasonably have known might lead to death."
P.1.8. Evidence of death resulting from the demolition of buildings
Prosecutor v. Athanase Seromba, Case No. ICTR-2001-66-I, Judgement (TC), 13 December 2006, para. 327:
"284. In view of the foregoing, the Chamber finds that the Prosecution has proved beyond a reasonable doubt that Nyange church was destroyed on 16 April 1994, using a bulldozer.
285. The Chamber further notes that the body of evidence points to the fact that the destruction of the church resulted in the death of many Tutsi refugees who had sought refuge there, with some witnesses estimating the number of victims to be 1,500, while others put it at 2,000. In this regard, the Chamber recalls its findings that Nyange church had a holding capacity of at least 1,500 persons. This leads to the conclusion that on 16 April 1994, the destruction of Nyange church resulted in the death of at least 1,500 refugees who had sought refuge there to flee from the attacks of the assailants."
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 294, 339, 345, 355:
"294. On 13 July at around 14:00 a Bosnian Muslim man observed from a hill where he was hiding two or three buses leaving from Konjevic Polje towards Nova Kasaba.1055 He saw the buses turning right off the asphalt road in the direction of the village of Cerska. The buses were escorted by an APC carrying soldiers in camouflage uniforms, and another vehicle. About five minutes later an excavator followed the other vehicles. The witness lost sight of the vehicles when they turned around a bend, but after about 10 minutes he heard the sound of light arm and machine gun fire. The shooting lasted for about half an hour. He then saw the three buses coming back followed by the APC and some time later the excavator.1056"
"1055. Witness P-109, KT. 2736-37.
1056. Witness P-109, KT. 2737-39, 2741, 2781"
"339. Witness P-111 further testified that during the night of 14 July, prisoners were taken out of the classrooms, after which shooting could be heard.1255"
"345. From the crossroads Marko Milošević could see the school and soldiers guarding it. The soldiers were unknown to him.1274 Marko Milošević passed on the message to Colonel Beara to call the brigade immediately and then returned to the 6th Battalion headquarters. From there, he heard gunfire late in the afternoon coming from the direction of the school.1275"
"355. On 16 July, approximately 500 Bosnian Muslim men were killed by VRS soldiers in the Pilica Cultural Centre.1332 Due to the size of the building and the large number of men, it appears that the men were crammed into the main room and were standing on the stage.1333 Shots and detonations from grenades were heard across the road for about 20 minutes.1334 […] There are no known survivors of this massacre.1337"
"1332. The Pilica Cultural Centre is also called "Pilica Dom".
1333. The Trial Chamber toured the Pilica Cultural Centre during its Site Visit to the region. The interior of the building has not been fully cleaned since the events in July 1995.
1334. Drazen Erdemovic testified that he had left Branjevo Military Farm and was in the café on the opposite side with "the Lieutenant Colonel" when the killings happened. He could see people lying down and could hear shots. He also heard the Lieutenant Colonel saying that 500 people were in the building. After the shooting had continued for 20 minutes, the "man from Bratunac", who was identified by Erdemovic came to the café and said that everything was over; Drazen Erdemovic, KT. 3143-48, MT 25161. See also Dean Manning’s testimony as to the fact that an execution took place in that building, Dean Manning, T. 7214-15.
[…]
1337. Jean René Ruez, T. 541."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras 435, 439, 455, 462:
"435. On 23 June 1992, six Bosnian Serbs drove with a tractor into the village of Alici. Some of these men wore uniforms, but others were also dressed in civilian clothes.1121 In the evening, Bosnian Serb forces rounded up local Bosnian Muslims and gathered them at the local orthodox cemetery. Around midnight, a burst of gunfire could be heard, followed by the singing of Serb songs.1122 The Trial Chamber finds that at least 27 persons were killed by armed Bosnian Serbs during this incident.1123 The Trial Chamber is also convinced that equipment from the public utilities company in Bosanski Novi was used to bury the dead bodies in mass graves.1124"
‘1121. BT-84, T. 14135-14137 (private session).
1122. BT-84, T. 14140-14145 (private session in part).
1123. BT-84, T. 14155-14158 (private session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina , Nicolas Sébire, 16 May 2003", 02927934; ex. P1681, "Record of Exhumation", Cantonal Court Bihac, 28 October 1998.
1124. BT-84, T. 14152."
"439. A Bosnian Croat soldier from the HVO was taken to the camp's isolation cell, from where the other inmates could hear his screams and the sound of beatings. Then a shot was fired, following which everything was silent. Detainees were ordered to wrap his dead body in a blanket.1137"
"455. On 20 or 21 July 1992, camp inmates from room 3 at the Keraterm camp were relocated to other rooms in the camp. Room 3 was subsequently filled with residents from the recently cleansed Brdo area.1185 Approximately 200 persons were crammed into room 3.1186 On one of the following days, detainees were ordered to go into their rooms, face the wall, and stay calm. After dark, Bosnian Serb army personnel entered the camp.1187 A machine-gun was placed on a table outside room 3.1188 At around 11:00 p.m., gun shots from light and heavy weaponry could be heard. There was the sound of breaking metal and shattered glass, and human cries. The turmoil lasted for half an hour.1189"
"1185. Jusuf Arifagić, ex. P554, T . 7095-7096.
1186. BT-37, ex. P555, T. 2516 (under seal).
1187. Jusuf Arifagić, ex. P554, T . 7097.
1188. Jusuf Arifagić, ex. P554, T . 7101.
1189. Jusuf Arifagić, ex. P554, T . 7097-7098; BT-37, ex. P555, T. 2510-2516 (under seal)."
"462. In the village of Biljani, the hamlets of Brkici, Dzaferagici, Botonici and Jakubovac were exclusively inhabited by Bosnian Muslims.1215 On 10 July 1992, Bosnian Serb special police and soldiers in JNA uniforms rounded up Bosnian Muslim men and women from the Biljani hamlets at the local school building.1216 Between 120 and 150 men were confined in two classrooms, and their names were written down by a Bosnian Serb named Petar Mihić.1217 The men were then called out five by five.1218 Thereafter, bursts of gunfire could be heard.1219 The Trial Chamber finds that at least 144 men were killed in Biljani on that day.1220"
"1215. Husein Cajić, T. 8976.
1216. BT-25, T. 9065-9066 (closed session); Husein Cajić, T. 8994.
1217. BT-25, T. 9068-9070 (closed session); Husein Cajić, T. 9004-9005.
1218. BT-25, T. 9070 (closed session ).
1219. Husein Cajić, T. 9015.
1220. Asim Egrlic, T. 10615; BT-25 , T. 9080 (closed session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927972-02927981. The mass gravesite at Laniste from which these bodies were exhumed was visited by the Trial Chamber and the Parties during the site visit in March 2004."
Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, paras. 113 – 114, 120-121, 125:
"113. Witness TAQ testified that she heard the Accused tell the Interahamwe surrounding him to act quickly so that the refugees should not flee. While the refugees were being massacred with machetes, guns and grenades, she and some others fled towards the presbytery. Some people fell and "others ran over them".[93] Once she was in the presbytery, near a doghouse in which she hid later, she heard the Accused asking "the Hutu who were within the area to come out".[94] She explained that she could not see the Accused at that particular moment, but could hear him speaking on the megaphone. A young woman allegedly came out, followed by a child who had to go back after being told that he was not Hutu. Immediately after the young girl came out, grenades were thrown into the crowd.[95]
114. Witness TAQ further testified that in the presbytery compound, she saw Interahamwe looting, carrying away vehicles and motorcycles. When the grenades exploded, she saw people being attacked with machetes; everyone was screaming. She fainted soon after, in the dog house where she was hiding and others fell on her. She regained consciousness only at around 11 p.m. or midnight, when it was raining. She was under the bodies of many seriously wounded people. Her elder sister’s mother-in-law,[96] who was also wounded, helped her to move away from the bodies. She saw many wounded and dying people, people who were screaming, many intermingled bodies of men and women. Not far away, a wounded child and three girls had survived. After some time, at around 3 p.m., the group of survivors, including the witness, went to a classroom near the priest’s house, where they spent the night.[97] Witness TAQ left the parish compound the following day, 16 April 1994, at about 8 a.m.[98]"
"[93] T., 29 July 2003, pp. 53 to 54.
[94] T., 29 July 2003, pp. 52 to 55; T., 30 July 2003, pp. 25 to 26.
[95] T., 29 July 2003, pp. 54 to 55.
[96] According to the transcript of 29 July 2003, pp. 56 to 57, the witness mentioned her mother during examination-in-chief. In cross-examination, she explained that she was rather referring to the ‘mother-in-law of her older sister’ (T., 30 July 2003 pp. 26 to 27). The Chamber recieved from the Language Section a corrigendum to the transcript that the Prosecutor had sent to the Section, dated 16, 18 and 19 December 2003, in response to an ex parte request that the Prosecutor had sent directly to the Section. The corrigendum showed in essence that the witness had used a more general term than ‘mother’, which the Language Section replaced with ‘old woman’. The Prosecutor received this memo before filing his closing brief, whereas the Chamber and the Defence received a copy thereof only on 2 June 2004. While stressing the belatedness of this communication, the Chamber considers that as the witness herself gave additional information in cross-examination on the issue of her ‘mother’, the memo in question is irrelevant to assessing her credibility.
[97] T., 29 July 2003, pp. 55 to 57.
[98] T., 29 July 2003, pp. 53 to 55; T., 30 July 2003, p. 30. "
"120. Witness TAO testified that when he saw the Accused arrive, he thought that the Accused had come to find out about the situation of the refugees at the church. Refugees allegedly went to meet him, but when he saw them, he ordered them to remain where they were. Some refugees, including three or four elderly persons, including a certain Murefu, allegedly went towards him. The witness heard the Accused tell one of the refugees aloud: "Do not move any closer, because the hour of the Tutsi has come". He also told him that he did not want to hear about their problems any more.[109] The Accused allegedly grabbed a machete from one of the Interahamwe and hit Murefu with it, while another person was "cut up" with the machete. Witness TAO, however, explained that he saw the Accused hit only one person, namely Murefu.[110] The Accused then told the policemen: "Open fire".[111] The policemen started shooting, while others, namely, Interahamwe whom Witness TAO had seen the day before at the Nyarutunga market place, used machetes. Grenades were also thrown.[112]"
"[109] T., 30 July 2003, pp. 53 to 54.
[110] T., 30 July 2003, pp. 53 to 54.
[111] On 2 June 2004, the Chamber received a corrigendum to this aspect of the testimony.
[112] T., 30 July 2003, pp. 53 to 54."
"121. Witness TAO further testified that it was then that the Accused asked aloud the Hutu who were at the parish to separate themselves from the Tutsi, adding that the hour of the Tutsi had come. At the time of the attack, the Interahamwe were singing "Let’s exterminate them".[113] Witness TAO then fled to a forest near the church, together with his children. When he looked back, he saw one of the attackers, Claver Muhirwa,[114] throw a grenade at the refugees. […]"
"[113] Ibid.
[114] Also spelled Muhigirwa in the French transcript."
"125. Witness TAX testified that she saw the Accused at around 3 p.m. on Friday 15 April 1994 at Nyarubuye Parish, where she and members of her family, together with many other refugees, had taken refuge two days earlier. She was with the refugees outside in the convent compound, adjoining the presbytery, when she heard gunshots and screaming. Young men wearing leaves on their heads and armed with machetes, clubs and knives entered the convent compound, shouting, and started looting the refugees’ property. The Accused arrived in the company of two men; the three of them were in civilian clothes. The Accused told the young men to stop looting, adding: "You know why we have come here. And when you strike at a snake you must begin with its head, and no one shall be spared".[123] The attackers then ordered the refugees, including the witness, to lie down, and the attack started. On cross-examination, Witness TAX further testified that it was the Accused who had asked the Hutu to come out of the crowd. A young man who had stood up in response to the call was allegedly hit and killed by a grenade that was thrown next to him. Witness TAX lost sight of her parents in the commotion that ensued, as the attackers attacked the refugees with machetes and grenades. She talked about despair and chaos. An attacker pierced her twice in the ribs. She fainted.[124]"
"[123] T., 31 July 2003, pp. 31 to 34.
[124] T., 31 July 2003, pp. 33 to 37 and 58 to 59."
Prosecutor v. André Ntagerura et al., Case No. ICTR-96-10A-T, Judgement (TC), 25 February 2004, para. 417:
"417. According to Witness LAC, on the morning of 12 April 1994, 2,000 people including inhabitants from the various hills and Interahamwe and workers from the Shagasha tea factory, began attacking the refugees.[953] The witness stated that during the attacks, Bagambiki and Nsabimana, the director of the tea factory, stopped by the field for about thirty minutes and asked the refugees to explain the situation.[954] The witness stated that the refugees told Bagambiki that they had not eaten or drunk anything in four days and that Bagambiki then promised to send soldiers to protect them.[955]"
"953. T. 9 October 2000 pp. 33, 34-35, 70.
954. T. 9 October 2000 pp. 35, 36.
955. T. 9 October 2000 pp. 35, 36."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 314, 344:
"314. The Chamber further recalls that Prosecution Witness GEK testified that Kamuhanda came to the house of a neighbour to arrange for the killings to start between 10 and 14 April 1994 at the primary school. Kamuhanda parked his vehicl, which was followed by another vehicle, a blue Daihatsu carrying a large number of people. The Witness explained that in the second vehicle some people were carrying machetes, clubs, and guns, but not everyone was armed, and that occupants either wore ordinary clothes or the Interahamwe uniform. The vehicle came from the direction of Kigali. On leaving, Kamuhanda entered his vehicle and went towards the primary school where there were large numbers of refugees. […] The Witness testified that she could see wounded children fleeing towards them and a young girl whose legs were amputated sought refuge in their house."
"344. Prosecution Witness GEA testified that the attack started between 1:00pm and 2:00pm. Another vehicle came to load military, Interahamwe, and policemen. He testified that two vehicles came after the first vehicle and after Nkuranga and Kamuhanda had concluded their conversation. The Witness testified that he paid attention to the identification marks on the first vehicle, but not on the others. He testified that this was because he thought the first vehicle was some ordinary vehicle until he saw that there were the policemen and Interahamwe who had shot at him at Gishure. The Witness confirmed that one of the vehicles was from Rubungo commune. The Witness testified that when they started shooting, Kamuhanda took his vehicle and left. He testified that those who had arrived in the second vehicle encircled those trying to flee, and used rifles, grenades, and traditional weapons. He testified that they shot for a long time because they chased the refugees to the surroundings of Gahini."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 485, 535 – 538, 542, 563 – 564, 567, 573, 579-580, 588:
"485. Prosecution Witness GDD testified that the Accused provided weapons to the young militants at the Nkuli bureau communal between 5:00am and 6:00am on 7 April 1994, before he left for Mukingo commune. Afterwards, the Witness and Sendugu Shadrack, the President of the MRND, led the attack on Kinyababa cellule. The killers proceeded to Kinyababa after the delivery of weapons from Mukamira camp and the departure of the Accused for Mukingo commune.661 The Witness estimated that the attack at Kinyababa commenced around 9:00am and continued throughout the same day until 4:00pm or 5:00pm. The young militants numbered approximately over one hundred. They were assisted by five other groups of Hutus: youth from Nkuli commune; recruits from Mukingo led by the CDR President from the Gitwa secteur, Iyakaremye; a group from the Rukoma Mountains; forces from Mukamira; and soldiers in civilian attire from IGA. The assailants carried either guns or traditional weapons such as spears, clubs or machetes.662"
"661. T. 3 October 2001, pp. 41-42 (GDD).
662. T. 3 October 2001, pp. 45-46; T. 4 October 2001, pp. 85 and 123-124 (GDD)."
"535. Prosecution Witness GAO testified that he was present when Bizabarimana arrived with guns.712 Buhire, Michel Niyigaba and Dusabe, the brother of Nzirorera, distributed the weapons to those who knew how to use them. Those who did not receive guns used machetes and burned houses.713 The attack on Rwankeri began sometime in the morning and lasted until about 5:00pm, when the Witness and the other Interahamwe left to attack Tutsi refugees at the Convent at Busogo Parish.714 The dead were too numerous to count: there were 80 families of between 12 and 15 people each, including the families of Rudatinya, Epimak, Bukumba, Karasankima, Sebirayi, Gasahane, Gateyiteyi, Kamakora, Bijanja, Rukara, Lucien Karakezi, and Bihutu.715 The Witness testified that the heads of some of the families killed at Rwankeri had died before April 1994 (i.e., Gasahane and Rudatinya, the father of Epimak Samvura, current bourgmestre of Mukingo commune).716"
"712. T. 23 July 2001, p. 27; T. 24 July 2001, p. 65 (GAO).
713. T. 23 July 2001, p. 27; T. 24 July 2001, pp. 65-67 (GAO).
714. T. 24 July 2001, pp. 31, 38 and 45 (GAO).
715. T. 23 July 2001, pp. 36-37 (GAO).
716. T. 23 July 2001, pp. 37-38; T. 24 July 2001, p. 106 (GAO)."
536. Prosecution Witness GBE testified that, at about 8:00am, he heard gunfire and grenades being thrown not far from his house in Rwankeri cellule. The Witness saw smoke. He could see what was going on not far away through the fence surrounding his house. People were calling for help but nobody dared to assist.[…]717
537. Defence Witness MEM testified that, on the morning of 7 April 1994, he saw "the youths and other people" moving towards Rwankeri in Byangabo Market. He saw this from his hiding place. The youths were wearing ordinary clothes; they were accompanied by ex-soldiers or deserters dressed in ordinary clothes. After the crowd left Byangabo Market, the Witness heard grenades exploding from the direction of Ruhengeri and from the direction of Busogo Hill, where the Tutsis lived. The Witness knew at that point that Tutsis were being killed.718
"717. T. 9 July 2001, pp. 79-80, 83-86 and 90 (ICS) (GBE).
718. T. 25 November 2002, pp. 48-50 (MEM); T. 26 November 2002, p. 62 (MEM) (ICS)."
538. Defence Witness RGM testified that many of the people gathered at Byangabo Market went to Rwankeri, a locality where Tutsis lived, at the insistence of Lieutenant Mburuburengero. The mob was comprised of people from all walks of life, including members of the Interahamwe, the displaced population and local inhabitants. At Rwankeri, the mob began attacking the Tutsis, who had fled to Busogo Hill and were armed with bows, arrows and spears. In his statement to Defence Counsel dated 24 September 2001, the Witness stated: "There was no need for traditional weapons at Rwankeri because, first of all, the Tutsi were not armed". The Witness testified that he was referring to fire arms, as opposed to bows, arrows, spears or big sticks. The Witness affirmed that "There was no need for additional weapons at [Rwankeri] because first of all the Tutsis were not armed and we had the assistance of the military who were armed." Moreover, there was no need for additional weapons since the assailants outnumbered the victims.719"
"542. Defence Witness MLNA testified that on 7 April 1994 at around 8:00am the mob, which numbered about 300--400 people, proceeded towards Rwankeri and Busogo Hill and launched an attack that lasted until noon. The Witness confirmed that he followed the crowd because he was curious how the group was going to achieve its objective to kill the Tutsis. The Witness testified that the Accused was not among this group. At Busogo Hill, the Witness recalled seeing Dusabe, Muhombo, Theogen, Noheli, Musafiri and Rugumire fighting with traditional weapons including stones, machetes, bows and arrows, spears and sharpened sticks. When questioned by the Bench as to who supplied the weapons used at Busogo Hill, the Witness testified that the machetes, sticks and stone were readily available on the way to the massacre site; therefore, there was no distribution of weapons. The Witness testified that after the mob began shooting, the victims ran to their homes, but the mob followed them and set their houses on fire. This "sad scene horrified and traumatised" the Witness: he then decided to return home around 7:00pm.723"
"563. Defence Witness RHU26 testified that she heard gunfire coming from the direction of Busogo secteur on the morning of 7 April 1994. The Witness overheard passers-by saying that they had started killing Tutsis in Rwankeri, Busogo and at the Convent. The Witness was not an eyewitness to any killings. In response to a question posed by the Bench, the Witness stated that killings occurred anywhere Tutsis were found, not just at the nunnery.740
564. Defence Witness RGM testified that he did not witness the killings that took place at the Convent at Busogo Parish on 7 April 1994. However, the Witness observed looting there on that day. The Witness saw five vehicles that belonged to the nuns being driven around Byangabo. The Witness identified Alex Rukundo, Theoneste Barebereho, Kwitonda (nicknamed Sesera), Turgeon Nsengimana and Ndayisabye as the drivers of the vehicles. The Witness testified that the distance between Busogo Hill and Busogo Parish is 500 metres and that he could hear the gunshots and grenades exploding from Busogo Parish. 741"
"740. T. 30 September 2002, pp. 15-17 and 42 (RHU26) (ICS).
741. T. 19 November 2002, pp. 6-7 and 59-60 (RGM)."
"567. Prosecution Witness GBG testified that the Munyemvano residence was attacked on the morning after the death of President Habyarimana. The Accused arrived that morning in a vehicle with uniformed Interahamwe, some aboard the vehicle and others on foot. The Accused was not wearing a uniform. There were more than 100 attackers. The attack lasted from 8:00am until noon. The attackers also looted and destroyed houses.744"
"573. Defence Witness RHU25 testified that on 7 April 1994 at 8:00am a person named Georgette Madelin came to the Convent to inform Gateyiteyi that his family had sought refuge at the Convent. The Witness testified that he left the Busogo Convent's medical centre with Gateyiteyi, who did not immediately check on his family and first went to check his house. The Witness and Gateyiteyi heard gunshots and met people fleeing from Rwankeri cellule. The fleeing people told them that the Tutsis were being attacked and killed by the Interahamwe. The refugees that they spoke to included Niyobizera Faustin, who came from Rwankeri, Niyibizi and Callixte.753"
"579. Defence Witness MLCF testified that he left his house at about 7:00am on 7 April 1994. The Witness was in front of the Convent when shooting started. The Witness estimated the time to be between 8:30am and 9:00am. The Witness, "after some minutes or so", then went home to clean up. Whilst in the house, the Witness heard "explosions and detonations". The Witness estimated the time to be around 8:00am. The noise from the detonations and explosions seemed to be coming from the direction of Byangabo.762
580. […] At the Convent, the Witness could see that a crowd, consisting of people in military attire and people in dirty and old civilian attire, had surrounded the Convent. Members of the mob were shooting at the Convent and throwing grenades. As the Witness and his three companions got closer, they observed that some people were climbing over the wall to the Convent and were wielding machetes, spears and clubs. The Witness also saw a soldier carrying a rifle. According to the Witness, bystanders were present and there was a lot of confusion. When the Witness got to the front of the building he could hear cries for help from inside the building. The Witness identified among the perpetrators three people: Rachel, Noel and Bagabo. The Witness stated that Rachel was firing through the windows with a gun while the others were carrying machetes. The Witness estimated that the attack lasted about 45 minutes. The Witness testified that he was traumatised, returned home at around 10:00am and swallowed some tablets to sleep. During the evening, the Witness received a visitor who informed him that the bourgmestre had visited the Convent to view the bodies.763"
"588. Defence Witness KAA testified that when the crowd thinned, he and his companions decided to follow them towards the Busogo Parish. The Witness emphasized that he was among a group of people not involved in the attack. The Witness testified that it took quite a while to reach the Parish. The killers had arrived at the scene long before. In response to a question by the Bench, the Witness testified that he knew that the mob did not want to kill him because they could have done so when they passed by on the road.782 The Witness stated that he and his companions saw that the crowd, composed of Hutus, was heading specifically towards the Convent in Busogo Parish. When the Witness arrived at the Convent, he saw that the dense crowd had already begun the attack. Some people were using clubs, guns and grenades. Others threw stones and sticks. During the attack, the Witness and other bystanders would run away and watch from afar, but when there was calm, they would return to witness the events. The Witness testified that not all the people present at the Parish were among the attackers; some of those present were curious bystanders like the Witness. The Witness recognised some of the attackers, but not all of them. The Witness specified that he saw a soldier named Rachel, who was wearing a black military beret, a jacket and a cord round the waist, boots and carried grenades and a R4 gun. The Witness testified that the people inside the Convent were not shooting, but the Witness noted that he could not verify this fact. The Witness heard people inside the Convent shouting in distress and asking for help. Other noises were coming from behind the building. The Witness specified he could hear this shouting when the mob stopped shooting at the building. The Witness testified that he did not know who was inside the Convent besides the nuns.783"
"782. T. 4 decembre 2002, pp. 3, 23, 34-35 (KAA).
783. T. 4 decembre 2002, pp. 3-7, 11, 23-26, 35 (KAA)."
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 204 – 205, 207- 209, 211, 214, 227, 257-258, 261, 267, 270, 272 – 274:
"204. On the day of the massacre, witnesses observed the arrival of a large number of armed persons in the camp, wearing military uniforms and red berets.413 A machine-gun was placed in front of Room 3.414
205. That night, bursts of shooting and moans could be heard coming from Room 3.415 A man in Room 1 was wounded by a stray bullet.416 A machine gun started firing. […]"
"413. Jusuf Arifagic, T. 7097; Witness Y, 92 bis testimony in Sikirica, T. 1458. See also Witness K, Statement, 18 August 2000, paras 33-35
414. Witness B, T. 2237. See also Jusuf Arifagic, T. 7101; Witness Y, 92 bis testimony in Sikirica, T. 1458.
415. Witness B, T. 2238-39; Jusuf Arifagic, T. 7098; Witness Y, 92 bis transcript in Sikirica, KT. 1431 and Witness K, Statement, 18 August 2000, paras 36-37.
416. Witness B, T. 2239."
"207. One witness reported about 42 or 43 shots, cries, shootings, and bodies found the next morning in front of Room 3 and loaded later on a Zastava 640.425 Based on this evidence, the Trial Chamber is satisfied beyond all reasonable doubt that there was a second massacre in Room 3 the following day, though is not able to assess the exact number of victims."
208. On the basis of the evidence presented at trial, the Trial Chamber finds that over a hundred people were killed in late July 1992 in the Omarska camp."
209. Around 200 people from Hambarine arrived in the Omarska camp sometime in July 1992. They were initially accommodated in the structure known as the "White House". Early in the morning, around 01:00 or 02:00 on 17 July 1992, gunshots were heard that continued until dawn."
"211. In the early morning of 5 August 1992, Radovan Vokic, Simo Drljaca’s driver , asked guards around to bring to the buses detainees from Keraterm who had been brought there the previous day from Prijedor to the Omarska camp. He was in possession of a list of detainees, which had been carefully compiled, written out and signed by Simo Drljaca.430 At least 120 people,431 amongst whom were Anto Gavranovic, Juro Matanovic, Refik Pelak, Ismet Avdic, Alija Alibegovic, Esad Islamovi c and Raim Music, were called out. They were lined up and put on to two buses which drove away towards Kozarac under escort.432 The buses used were the usual public transportation buses in Prijedor.433 Witness E compiled a list of about 60 people he knew personally who were taken away on these buses and killed.434"
430. Exh. S427, video of Mr. Prcac interview, ERN 0105-7521-0105-7522.
431. According to Mr. Prcac, the number was 125, S427, video of Mr. Prcac interview, ERN 0105-7521-0105-7522.
432. Witness B, T. 2243 and T. 2265.
433. Witness B, T. 2243-44.
434. Witness E, 92 bis transcript in Sikirica, T. 2522–33
"214. The Chamber heard evidence about this massacre from individuals who had travelled in the convoy over Mount Vlasic on 21 August and, in some cases, first-hand accounts from survivors of the massacre. The Chamber has primarily relied on eyewitness accounts of the massacre and is satisfied as to the reliability of this evidence."
"227. On one occasion, several soldiers arrived from the direction of Kozarac. A man called Tupe Topala was among them and he was carrying a knife and shouting: "Where are you balijas? I want to cut your throats". The soldiers were yelling and cursing. Afterwards they lead 11 men out of the camp – they had their heads down and their hands over their head. The soldiers took the men into a maize field behind the house where Witness Q was staying. She later heard gunshots and screams.548"
"257. On arriving in Cemernica, Witness S met a man called Muhamed Hazdic who had witnessed killings by soldiers in the hamlet of Alagici. Screams and shots could still be heard from the direction of Alagici.618 […]"
258. The following morning the soldiers returned in small groups and began to loot the houses. They took the television sets, gold and other valuables, including from Witness S’s father in law’s house. […] Witness S learned that that day his father was killed in his home village of Hegici by Serb soldiers.622"
"261. The following day, Witness S was again called upon to assist in the collection of bodies. He worked this time with a different group of people, new trucks and new drivers.631 He estimated that, in total, over the two-day period, he and others collected between 300 and 350 bodies.632 All of the victims were Muslims living in the territory of the Biscani local commune. None of them were wearing uniform, nor did they appear to have been armed at the time of death.633 Witness S submitted a final list of 37 individuals from Biscani whom he identified and who were killed around 20 July 1992.634"
"631. Witness S, T. 5959-60.
632. Witness S, T. 5966.
633. Witness S, T. 5966-68.
634. Witness S, T. 5969-70 and Exh. S212."
"267. On 23 July 1992 the village of Carakovo was attacked. From a neighbouring field , a witness stated: "I did hear the shooting, and I heard the tanks, and I heard the screams of the women and children. I heard them crying. And then I saw the houses that were burning straight away".648 Several people were killed.649 She later helped the relatives bury the bodies."
"648. Witness V, T. 5727-29.
649. Witness V, T. 5730-38."
"270. Around 25 July 1992 there was shooting and shelling around Ljubija lasting until around 16:00 when the shelling subsided slightly. Subsequently men where taken on buses to the football stadium in Ljubija.652 The commander of the Special Forces was present and some of the soldiers were members of the Special Forces from the Republika Srpska. They wore dark blue/black camouflage uniforms.653 Many soldiers, members of the 6th Krajina Brigade in camouflage uniform, were present.654"
"652. Witness Q, T.3928-31; Elvedin Nasic, 92 bis statement 1995, p.3. See also, Nermin Karagic, T. 5227-5528 and Exh. S169, photograph 2.
653. Elvedin Nasic, 92 bis statement 1995, p.4.
654. Nermin Karagic, T. 5226."
"272. The Trial Chamber is convinced that at the beginning of the war, the stadium served as a base for the military police.659 The grounds of the stadium are enclosed on one side by a forest with a non-continuous fence, on a second side by a fence with a 10 meter gap, on the third side by a wall and on the fourth by a building. Civilians were brought to the stadium to be interviewed. Shooting could be heard from the area both day and night.660"
"659. Witness DD, T. 9637-38.
660. Witness DD, T. 9638-40."
273. The mine pit in Ljubija was known as Jakarina Kosa. It was cordoned off by the Serbs and trucks could be heard during the night from the direction of the mine. There was also earth-moving equipment and a drill machine that was used to bore holes. One day there was a large explosion and the Serbs left. The locals were told to stay away from the area as it was mined.661
274. Both Nermin Karagic and Elvedin Nasic testified about the killing and burial of bodies in a place know locally as "Kipe".662 Both also managed to escape alive during the executions that took place at the site. According to Nermin Karagic approximately 50 people were killed.663 […]"
661. Witness N, 92 bis statement, paras 2-3. .
662. Nermin Karagic, T. 5242 and Exh. S169, photograph 4; Elvedin Nasic, 92 bis statement, p. 4 .
663. Nermin Karagic, T. 5244-47; Elvedin Nasic, 92 bis statement, p. 5. ."
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, paras. 95, 118, 141:
"95. […] There were more attackers this time, and they were armed with firearms, spears, machetes, and clubs. The witness was about 15-16 metres from the Accused who was armed with the same gun and was shooting at the refugees. Both of these attacks resulted in about 15-25 victims. This attack lasted longer than the first and the third attacks. The attackers subsequently left, and the witness said that the refugees thought the attackers would not return."
"118. […]There were about 300 attackers, armed with guns, explosives and traditional weapons like machetes, spears, clubs and sharpened bamboo sticks. Amongst these attackers, he recognized as leaders the following: the Accused; Bourgmestre Charles Sikubwabo; Conseiller Mika Muhimana; Ndimbati, the Bourgmestre of Gisovu; Segatarama, the Conseiller of Gitabura; Kanayira, the Assistant Bourgmestre of Gishyita; Mathias Ngirinshuti; Kagaba and one named Vincent who was the Conseiller of Mubuga. From a distance of not more than 100 metres, the witness saw the Accused armed with a gun between 80 centimetres and one metre long on a strap, and shooting at the refugees. He saw the Accused several times during the attack from varying distances, the closest being 80-90 metres. The refugees defended themselves for a short time with stones and sticks but the attackers were heavily armed and attacked the refugees from many directions. The refugees were pursued by the attackers to the top of Gitwe Hill where the refugees then spent the night. The attack lasted until 3.00 p.m. The witness could not place a number on the victims that day.Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras. 177, 196 – 197, 224 – 225:
"177. Witness VM explained that after entering the church, the attackers threatened to shoot anyone who would not leave.[311] Witness VM indicated that he and others went outside, but noted that some people stayed in the church.[312] Witness VM stated that after he left the church, he heard shouting inside the church as well as explosions and gunfire.[313] The witness testified that he was not certain if the Accused was one of the attackers who entered the church because the church was very large and because he was made to go outside.[314]"
"[311] T. 6 March 2001 p. 93.
[312] T. 6 March 2001 p. 93.
[313] T. 6 March 2001 p. 97.
[314] T. 6 March 2001 p. 144."
"196. Based on the accounts provided by Witnesses VA and VM, it emerges that the Accused, Paul Bisengimana, and others went to Musha church on 8 or 9 April 1994 in order to assess the situation shortly after the refugees began arriving there. At that time, the Accused expressed an intention to kill the refugees. The Accused, Bisengimana, and others then returned to the church with Interahamwe, soldiers, and gendarmes on 13 April 1994 around midmorning. These assailants proceeded to attack the refugees in the church with gunfire and grenades. After gaining access to the church, the attackers ordered the refugees to leave the church, and many complied. At some point after these refugees left the church, the Accused ordered the Hutu refugees to separate from the Tutsi refugees. The Tutsis were then executed on directions from the Accused, which Witness VM saw from close range. While the Tutsi refugees outside the church were being separated and executed, the assailants continued to attack those remaining in the church.
197. The testimonies of Prosecution Witnesses VD, VV, and Duclos provide further corroboration to many aspects of VA’s and VM’s first-hand accounts. Witness VD saw the Accused and Bisengimana gathering local Interahamwe in Musha sector on the morning of the attack on 13 April 1994. Witness VV saw the Accused in the company of Bisengimana, Interahamwe, and soldiers head toward Musha church from where she saw smoke and heard explosions. Duclos testified that he observed tears in the metal door and the roof of the church indicating that bullets had been fired into the church from outside. The Chamber finds these aspects of the testimonies of Witnesses VD, VV, and Duclos to be credible and reliable, and accepts them."
"224. Based on the testimonies of Prosecution Witnesses VN and VP, and Defence Witness Nyetera and Defence Expert Witness Ndengejeho, the Chamber finds that in April 1994 there were attacks on mostly Tutsi, civilian refugees on Mwulire Hill. From the record of testimonies of Witnesses VN and VP it emerges that in April 1994 mostly Tutsi refugees sought safety on Mwulire Hill so that by 10 April 1994 there were more than 5,000 of them at that location, and by 18 April 1994 there were up to 10,000. From 8 April 1994 the refugees came under daily attacks. On 18 April 1994, the refugees on Mwulire Hill were attacked and vanquished by the assailants including Interahamwe, soldiers, commune officials, and the Accused. In particular, Witnesses VN and VP testified about the deaths of their relatives resulting from this attack, and Witness VP stated that the assailants killed so many people that the whole hill was full of corpses.
225. Witness VP gave evidence that during the attack on 18 April 1994, the Accused, who was armed and accompanied by commune officials, soldiers, and Interahamwe, shot at refugees who were on a football field near the sector office and that many of these refugees died. Witness VN testified that on that date, the Accused brought Interahamwe and soldiers and their "equipment" to Mwulire Hill. The Chamber understands "equipment" to mean implements that were used to kill and injure the victims. While Witness VN testified that he saw the Interahamwe and the soldiers whom the Accused brought join other assailants in the attack on refugees, he testified that the Accused stayed near his vehicle and that he did not see the Accused take part in the fighting."
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 323 – 325, 327, 329, 332 – 333, 347, 359:
"323. Witness HH testified that the attack began between 8.30 and 9.30 a.m. He spoke of a defence put up by the refugees, and claimed that he himself used pieces of wood as well as stones for this purpose. When the defence failed, some refugees sought refuge in buildings of the hospital while others fled to nearby hills. In the early hours of 17 April the attack had died down.[452]
324. Witness FF saw "soldiers" on board vehicles and Interahamwe on foot arrive at the Complex at 9.00 a.m. The latter were armed with spears and other traditional weapons and were chanting. The killings progressed from open areas to the ESI Chapel, and thence to the hospital, where grenades were used by the attackers. Witness FF left the Complex in the early hours of 17 April, when fighting had ceased.[453]
325. Witness YY testified that the attack started at around 9.00 a.m. It was launched by Hutu with traditional weapons. The attackers were briefly repulsed by the refugees, who defended themselves with stones, but the attackers came back in greater numbers.[454] Another Prosecution witness, Witness SS, said that the attack commenced some time in the morning. The witness threw stones at the attackers, then fled the Complex for Gitwe Hill.[455] Witness MM continued to defend himself with stones over an extended period of time. The attack ended, according to him, at around 10 p.m.[456] Witness PP also made reference to the refugees’ resistance. He suggested that the attack concluded some time before 10 p.m. on 16 April.[457]"
"Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras 395 – 399, 413, 428 – 430, 456, 460, 462:
"395. Witness F testified that, between 17 and 30 April 1994, assailants coming on the one hand from the commune of Gishyita, and, on the other hand, from Gisovu, converged on Muyira hill. Amongst the Gisovu group he saw Ndimbati, bourgmestre of Gisovu Commune, Eliezer Niyitegeka, Minister of Information, and the Director of the tea factory in Gisovu. The witness testified that the assailants were pushed back after the first attack but returned after 30 minutes to launch a second attack. He specified that it was during this second attack that he saw Musema amongst the assailants. Musema shot at refugees who had surrounded a policeman, and then ran away to his car, which was red. The witness affirmed that Musema was carrying a black rifle of medium length.
396. Witness R testified about an attack which took place around the end of April, or the beginning of May, on Rwirambo hill opposite Muyira hill in Bisesero, during which he was injured.
397. He explained that this attack started in the morning and came from Gisovu. The leaders of the attack were Aloys Ndimbati, the bourgmestre of Gishyita, and Musema, the Director of the tea factory. Musema, who was armed with a rifle of unspecified length, was within rifle range of the witness. Musema had arrived in his red Pajero, followed shortly afterwards by the vehicle of Ndimbati. Other vehicles seen by the witness were 4 tea factory Daihatsu "camionettes" aboard which were Interahamwe. The witness was able to identify the Interahamwe as they wore blue uniforms, on the back of which was printed "Usine à thé de Gisovu". Two of the camionettes were green, one was yellow and one was white. All had "Usine à thé Gisovu" printed on their side panelling.
398. The witness said he saw that the attackers were armed with clubs, rifles and spears. While in a nearby valley looking for water, Witness R was injured from a shot which came from the direction of Ndimbati and Musema. In cross-examination he described how he was injured on Rwirambo hill, which is two hills and a river away from Muyira hill. The hill was next to the road going to Gishyita from Gisovu.
399. Witness R explained that as the attackers arrived, the refugees fled in two groups. He fell behind as he was weak from lack of food, and was shot in the arm near the elbow, the bullet entering the front of his body and exiting behind as he had turned to look at the attackers."
"413. Witness R further testified that when the two groups met on the boundary of the two communes, Kayishema gave instructions on the attack. He heard Kayishema give instructions to the attackers and assign one or more leaders to each group. Musema, Ndimbati and Eliezer Niyitegeka were assigned to the Gisovu and Gikongoro groups, while Elizaphan Ntakirutimana and Ruzindana were assigned to another group. The witness explained that Kayishema then fired the first shot in the direction of Muyira hill after which the leaders, including Musema, and their respective groups, went towards Muyira hill. The witness was unable to see what happened on the hill, but he heard gunfire, grenade explosions and people screaming."
"428. Witness N testified that all the attackers had regrouped and that he could see them move their arms and speak, although he was unable to hear what they were saying. He said he was able to hear Musema once the group moved to within a few metres of him. The witness testified that Musema spoke to a policeman named Ruhindura, and asked him whether a young woman called Nyiramusugi was already dead, to which the policeman answered "no". He stated that Musema then asked that before anything, this young woman be brought to him. In cross-examination, the witness specified that he was able to hear Musema as the refugees were speaking amongst themselves softly and the attackers were getting organized. He added that the attackers spoke loudly so that everyone could hear them.
429. The witness stated that he knew this young woman, who was a teacher, as he used to see her when she walked to school, and that he used to take his cows to graze in front of her parents' house.
430. Immediately after these instructions, stated Witness N, those from Gishyita started shooting so that everyone else would start shooting. The attacks lasted until 15:00hrs, at which point the witness fled to the commune of Ruhindura. He added that some of the "refugees" fled towards the top of the hill and others towards the bottom of the hill. The witness explained that Musema searched for the young woman throughout this period and also shot at people."
"456. Witness F testified that on 14 May 1994 the attacks continued on Muyira hill and surrounding hills during which he was shot in his right arm and was hit by shrapnel in his shoulder. Though he saw Musema's red car amongst the vehicles of other attackers he was able to identify, the witness testified that he did not personally see Musema on that day. […]"
"460. Witness T testified that he saw Musema participate in a large scale attack against Muyira hill on 14 May. The witness indicated that Musema was on an opposite hill and carried a rifle which the witness presumed was used by Musema during the attack."
"462. Witness D spoke of a large scale attack which took place on a day of Sabbath, thus a Saturday, between 08:00hrs and 16:00hrs. The Chamber notes that 14 May 1994 was indeed a Saturday. During this attack at Muyira Witness D saw Musema, Sikubabwo, Kayishema and Ndimbati. She saw attackers, numbering approximately 15000, armed with rifles, grenades and traditional weapons arrive in numerous vehicles, including lorries and nine buses, and heard them sing "Let's exterminate them". According to the witness, those with traditional weapons were to finish off refugees who had been injured by bullets. The refugees numbering approximately 15000 fought back with stones."
Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-T, Judgement (TC), 16 November 1998, paras. 817 – 821, 823, 841, 873:
"817. […]According to most of the witnesses, in the early afternoon of the relevant day, which was in mid to late June 1992, Hazim Delic and Esad Landzo approached Mr. Gotovac, who sat near the door inside Hangar 6, and Hazim Delic accused him of having killed two Muslims in 1942. Mr. Delic informed him that these Muslims had been killed in the prison-camp itself. Hazim Delic further referred to some old enmity between their families and told Mr. Gotovac that he should not hope to remain alive. Scepo Gotovac denied these allegations, whereupon Hazim Delic started to beat him. He was then taken out of the Hangar and the sound of blows and his moaning could be heard inside the Hangar. After some time, he was dragged back into the Hangar.
818. A few hours later, in the evening, he was once more taken out of the Hangar and Hazim Delic and Esad Landzo again administered a severe beating. As a result of this, he could not even walk back to his place inside and was carried into the Hangar by two of the other detainees. A metal badge, possibly bearing the insignia of the SDS, had been pinned to his head and Esad Landzo threatened the rest of the inmates of the Hangar by saying that he would kill anyone who dared remove it. As a consequence of this second beating, Scepo Gotovac died in the Hangar a few hours later.
819. Although there are some variations in the statements of the witnesses to these events, the basic features of their testimony remains the same. While appreciating their evidence, it has to be borne in mind that they were speaking about an incident which had occurred five years earlier and that they were confined in a place where physical violence was not an uncommon event.
820. It is true that Scepo Gotovac was beaten outside Hangar 6, while the witnesses were seated inside and could not, therefore, see the person or persons who were actually beating him. However, in view of what they saw and heard inside the Hangar, it could reasonably be said that they were in a position to know what was happening outside. For example, they:
(a) saw Hazim Delic walking up to Scepo Gotovac and accusing him of killing two Muslims in 1942, and, on his denial, hitting him;
(b) saw Hazim Delic and Esad Landzo taking Scepo Gotovac outside Hangar 6;
(c) heard the sound of blows, as well as the cries and moans of Mr. Gotovac, immediately after he was taken out;
(d) saw Scepo Gotovac being brought back into the Hangar in a poor condition;
(e) saw him again being taken out of Hangar 6 at about evening time;
(f) heard the sound of blows and the moans and cries of Mr. Gotovac, coming from outside the Hangar;
(g) saw Scepo Gotovac being carried into the Hangar after a short time;
(h) saw that a metal badge was stuck on his forehead;
(j) found Scepo Gotovac dead in the morning.
821. These circumstance, when considered together, leave no room for doubt with regard to the persons who were responsible for causing the death of Scepo Gotovac. On the basis of the evidence on record, it is clear that both Hazim Delic and Esad Landzo participated in the beating which resulted in the death of the victim."
"832. With respect to the all of the allegations relating to these counts and particularly the incident which finally lead to the death of Zeljko Milosevic, the Trial Chamber lends particular credence to the testimony of Novica Dordic and Milenko Kuljanin. Novica Dordic was situated only a very short distance from the door of Tunnel 9. He was in a position to see and hear what was occurring outside the door, as it was open during the beatings leading up the final one occasioning Zeljko Milosevic’s death. This witness conceded that he did not see the final beating, as the door of Tunnel 9 was closed. However, he heard Mr. Delic call the victim out, after which he heard a discussion, then beatings and finally a shot. This is consistent with and supported by the testimony of Milenko Kuljanin, who testified that Hazim Delic called and personally took Zeljko Milosevic out of Tunnel 9, after which he heard the victim screaming, moaning and crying out for over an hour, indicating the severity of the beating inflicted upon him. The following morning Milenko Kuljanin, Novica Dordic and Witness J observed the victim’s dead body near the place where they were taken to urinate. […]"
"841. Sometime at the end of June or beginning of July 1992, Esad Landzo called Simo Jovanovic out of the Hangar, as on previous occasions. There is some variation in the accounts of the witnesses on whether Mr. Landzo was alone on this occasion, or whether he was accompanied by some other guard or guards. In any case, Mr. Jovanovic was taken behind Hangar 6 and given a severe beating by a number of persons. His moans, cries and appeals for mercy could be heard inside the Hangar by the witnesses. After about 15 to 20 minutes he was brought back inside and died a few hours later."
"873. The Indictment alleges that Zeljko Cecez was beaten to death in the Celebici prison-camp in June or July 1992. In establishing the facts in relation to this event, the Prosecution relies on the testimony of Witness R. According to the testimony of this witness, Zeljko Cecez was called out of Hangar 6 in the evening of the same day that Milorad Kuljanin was killed. From his position inside the Hangar, the witness could then, for a period of about half an hour, hear the sound of a human body being beaten, together with the cries and moans of Zeljko Cecez. The witness testified that Zeljko Cecez was then brought back into the Hangar, where he first lay moaning but soon fell silent. The following morning, the witness had an opportunity to observe Zeljko Cecez’s lifeless body at close range for more than an hour. The body was covered in bruises and had an ash grey colour "as if there was never a drop of blood in that body"891. The body was carried out of the Hangar by a detainee the same morning. The Prosecution submits that corroboration of this testimony is provided by the testimony of Witness N, Dragan Kuljanin, Mladen Kuljanin, Risto Vukalo, Witness F, Stevan Gligorevic, and Mirko Dordic, who were all present inside Hangar 6 at the time of the alleged events. In order to establish the death of the victim, the Prosecution further relies on Exhibit 185, a funeral certificate. The Prosecution further submits that the evidence suggests that Zeljko Cecez may have been killed because he had been a witness to the killing of Milorad Kuljanin. It relies in this respect on the testimony of Witness R, Witness F and Witness M."
P.3. Evidence indicating that killing was occurring.
P.3.1. Evidence of people looting.
A. Legal source/authority and evidence:
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 326, 328, 329, 330, 332:
"326. Defence Witness 8 was at her house on 16 April, about 50 minutes’ walk from the Complex. From there she had a view of Esapan Secondary School, though not of the Complex. In the afternoon the witness saw people ("bandits"), coming from the direction of Esapan, pass along the road in front of her house. They were carrying beds, mattresses and chairs.[458]"
"328. On 16 April, Defence Witness 7 was living in Mpembe Secteur, at some distance from the Complex. At about midday she saw people passing on the road carrying objects (bed, mattresses) which had been looted from the hospital. She also observed other persons who had in their hands machetes or clubs.[460]"
"329. Defence Witness 6 was also in Mpembe. Early in the morning of 16 April he heard people pass by and was told that on other hills people could be seen going toward Ngoma. […] He could see people carrying objects (beds, mattresses) looted from the hospital. They were angry, influenced by drugs and armed with machetes and weapons. Among them were two robbers of some notoriety, Alexis and Sekagarama (nicknamed Rucekeli). The group returning from Mugonero in the afternoon and evening was very large; it "took an hour to pass by where we were".[461] Witness 6 went back to Ngoma around 18 April: "Everywhere we went by, we realised that where there had been Tutsi houses most of them had been destroyed. The houses which were covered by grass had been burnt down. We could see people who were carrying iron sheets which had been removed from roofs, from schools and from places where people had fled."[462] The witness later added: "I also saw houses belonging to Hutus which were destroyed. For instance, at the Mugonero Hospital or in the neighbourhood of the field and in the residences of the workers all the houses had been looted and doors had been broken down." The witness further stated: "It was the Tutsis who were targeted in particular. They were a specific target but there were also other people who were targeted."[463]"
"330. Between 10.00 a.m. and noon on 16 April, Defence Witness 32, who was at the CCDFP building in Gishyita, heard noises from the direction of Mugonero (shouting and noises that resembled those "made by iron sheets"). Around 4.30 p.m., the witness saw a large number of people coming from Mugonero carrying looted property (for instance mattresses). They were also carrying spears and machetes.[464] He stated that the hospital had been attacked by "bandits of the same calibre as Reuben".[465]"
"[461] T. 24 April 2002 p. 94.
[462] Id. p. 100.
[463] T. 25 April 2002 pp. 16-18.
[464] T. 16 April 2002 pp. 120-123.
[465] T. 17 April 2002 p. 36."
"332. Gérard Ntakirutimana testified that on the morning of 16 April, from his location at the CCDFP building in Gishyita, he saw people being chased from the Complex. (It is not clear who these people were, or who was chasing them.) […] "In the afternoon we also saw people who were leaving Mugonero … some of them who were going towards Kigarama, others were going towards Gishyita and the neighbouring hills. They were carrying belongings on their heads – mattresses, sacks, things like that … which they were taking away from the hospital. … the mattresses belonging to the hospital … are covered by plastic sheets, and one could recognise the hospital mattresses because of these waxed cloths that covered them". They were "peasants and mostly very able-bodied young people. I would say that that’s what they were, and I could see that [their clothes were] in tatters, so one could even call them vagabonds". The Accused did not indicate the distance from which he was able to observe this degree of detail, except that he was afraid to get near them.[467] In later testimony, the Accused distinguished three categories of perpetrators: "There were people who were attacking others for political reasons. … There were others who were attacking people to enrich themselves, to take over their wealth. And there was yet another group that was attacking others who wanted to take advantage of the crisis, the confusion to attack people for ethnic reasons. So there was that inter-ethnic conflict as well, which was part of the war."[468]"
"[467] T. 9 May 2002 pp. 109-113.
[468] T. 10 May 2002 pp. 20-21."
[B. Evidentiary comment:]
P.3.2. Evidence of people fleeing.
A. Legal source/authority and evidence:
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, para. 314:
"314. […] The Witness testified that she could see wounded children fleeing towards them and a young girl whose legs were amputated sought refuge in their house."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 580:
"580. Defence Witness MLCF testified that he saw at least thirty people fleeing from the Busogo Parish Convent. Those who were fleeing seemed to be in a panic and consisted largely of women and children. Shortly thereafter, the Witness heard the noise of many people coming from the Convent and the dispensary. […]"
5.1.2. Killing by indirect methods.
A. Legal source/authority and evidence:
Prosecutor v. Ignace Bagilishema, Case No. ICTR-95-1A-T, Judgment (TC), 7 June 2001, para. 90:
90. The "creation of conditions of life leading to the mass killing" of others include, for example imprisoning a large number of people and withholding the necessities of life, so that mass death results; or introducing a deadly virus into a population and preventing medical care, with the same result.
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, paras. 52, 84:
52. In the opinion of the Chamber, the words "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part", as indicated in Article 2(2)(c) of the Statute [genocide], are to be construed "as methods of destruction by which the perpetrator does not necessarily intend to immediately kill the members of the group", but which are, ultimately, aimed at their physical destruction. The Chamber holds that the means of deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part, include subjecting a group of people to a subsistence diet, systematic expulsion from their homes and deprivation of essential medical supplies below a minimum vital standard.
84. […] Further, this act or omission [that constitutes extermination] includes, but is not limited to the direct act of killing. It can be any act or omission, or cumulative acts or omissions, that cause the death of the targeted group of individuals.
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 115 – 116, 146:
115. The Trial Chamber concurs with the explanation within the Draft Convention, prepared by the U.N. Secretariat which interpreted this concept to include circumstances which will lead to a slow death, for example, lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion.[1][20]
116. It is the view of the Trial Chamber that "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," includes methods of destruction which do not immediately lead to the death of members of the group. The Chamber adopts the above interpretation.[2][21] Therefore the conditions of life envisaged include rape, the starving of a group of people, reducing required medical services below a minimum, and withholding sufficient living accommodation for a reasonable period, provided the above would lead to the destruction of the group in whole or in part.
146. The act(s) or omission(s) may be done with intention, recklessness, or gross negligence. The ‘creation of conditions of life that lead to mass killing’ is the institution of circumstances that ultimately causes the mass death of others. For example: Imprisoning a large number of people and withholding the necessities of life which results in mass death; introducing a deadly virus into a population and preventing medical care which results in mass death. […]
Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 505 – 506:
505. The Chamber holds that the expression deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, should be construed as the methods of destruction by which the perpetrator does not immediately kill the members of the group, but which, ultimately, seek their physical destruction.
506. For purposes of interpreting Article 2(2)(c) of the Statute, the Chamber is of the opinion that the means of deliberate inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or part, include, inter alia, subjecting a group of people to a subsistence diet, systematic expulsion from homes and the reduction of essential medical services below minimum requirement.
Attorney-General of Israel v. Adolf Eichmann, Judgement (District Court of Jerusalem), (1968) 36 ILR 5, para.196:
196. As we see it, the first and second counts of the indictment complement each other in describing the activities connected with the Final Solution: The first count describes the killing of Jews as a result of the implementation of the Final Solution, and, therefore, the second count must be limited to those Jews who were subjected to conditions of life which were such as to bring about the physical extermination through the implementation of the Final Solution, but remained alive. We shall, therefore, relate this count, for instance, to those Jews who were deported to Auschwitz during the period of the Final Solution, and there put to hard labour, with the intention of killing them, too, in time, in some way; but who were saved because of the advance of the Soviet army. We do not think that the conviction of the second count should also include those Jews who were not saved, as if, in their case, there were two separate actions: first, subjection to living conditions calculated to bring about their physical destruction, and later the physical destruction itself.
B. Evidentiary comment:
On the face of article 6(a) of the Rome Statute it is not clear whether evidence of death caused by indirect means is sufficient to establish genocide by killing. There is nothing to expressly exclude indirect methods of killing, particularly as killing is defined only as "causing death".
In the context of the crime against humanity of extermination, where killing is also defined as "causing death", "indirect" means of killing are expressly stated to be covered. Footnote 8 to the Elements of Crimes document states that "[t]he conduct could be committed by different methods of killing, either directly or indirectly", although it is not made clear what meaning is intended to be given to indirect methods of killing. This seems likely to be a reference to the express inclusion in the crime against humanity of extermination of killing "by inflicting conditions of life calculated to bring about the destruction of part of a pupulation."
It is not clear, however, to which extent similar conduct would be covered by the same element (namely the requirment that "the perpetrators killed one or more persons") where it relates to other crimes. Since killing is consistently held to mean "causing death", it seems appropriate to interpret this element so as to include "indirect" killing, so long as the relevant mental elements are satisfied. In the case of genocide, however, there also exists a distinct form of genocide which is genocide "by deliberately inflicting conditions of life calculated to bring about physical destruction". This latter form of genocide can be distinguished from genocide by killing for it does not require evidence of any actual deaths.
"Inflicting conditions of life calculated to bring about the destruction of part of a population" could thus be considered a form of "indirect" killing. A footnote to article 6(c) states that "conditions of life" may include, but are not necessarily restricted to, deliberate deprivation of resources indispensible for survival, such as food or medical services, or systematic explusion from homes. A footnote to article 7(1)(b) also clarifies that this includes deprivation of access to food and medicine.
P.4. Evidence of death caused by conditions of life in detention centres.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 348, 920, 931, 943:
348. The prisoners were guarded by VRS soldiers who rotated in shifts.1291 During the night "two or three men died […] from lack of air."1292 There was not enough water for all the detainees in the crowded hall.1293
1291. Witness P-113, KT. 3038-39 ; Witness P-116, Ex. P455, p. ERN 03391124. Zoran Radosavljevic, a local from Pilica, testified that on 14 July he saw buses with prisoners behind the school (which he identified on Ex. P17.2 (photo of elementary school Kula in Pilica) that were guarded by 20 to 30 soldiers. Some of the soldiers were wearing white belts, some without belts. Zoran Radosavljevic, T. 12056-59. Pero Petrovic, who was the president of the Pilica local commune and mobilised at the rear of an infantry battalion belonging to the Zvornik Brigade, also testified that he saw approximately 20 buses with men inside in front of the school that were guarded by soldiers in different uniforms whom he did not know. Pero Petrovic, T. 5506-07, 5510. The Trial Chamber recalls that members of the military police were required to wear a white belt with a sholder strap. See D15/1, Service Regulations of the SFRY, Armed Forces Military Police, 1985, Art 8.
1292. Witness P-113, KT. 3036.
1293. Witness P-113, KT. 3036-37.
"920. Some people were ill and received no medical treatment.2311 One man died of asthma.2312"
2311. Midho Alic, T. 13907; BT-82 , T. 14017.
2312. BT-82, T. 14000.
"931. […] The Trial Chamber has already found that two young men suffocated to death as a result of the conditions inside the garage.2343"
"943. The quality of the water supplied was inadequate, as shown by the numerous cases of diarrhoea.2377 At least one man who had also been beaten died of dysentery.2378"
"2377. BT-38, ex. P556, T. 1654-1655 (under seal); Barney Mayhew, ex. P1617, T. 6083; ex. P1617/S217A, "Mayhew Report on Manjaca and Trnopolje" dated 4 September 1992.
2378. Idriz Merdzanic, T. 11782."
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 444, 452:
444. Around 29 May 1992, detainees from the Benkovac military barracks were transferred to the camp.1150 Upon arrival, around 120 persons were crammed into a garage for several days. Two young men suffocated to death as a result of the conditions inside the garage.1151
1150. Samir Poljak, ex. P1521, T. 6353. See para. 404 supra.
1151. Samir Poljak, ex. P1521, T. 6357; Samir Poljak, T. 11891.
452. On 6 June 1992, several buses with around 150 mainly Bosnian Muslim prisoners left the Hasan Kikic Elementary School in Sanski Most, to arrive at Manjaca camp on the same evening.1171 On 7 July 1992, a second group of around 64 mainly Bosnian Muslim prisoners arrived at Manjaca camp in locked trailers.1172 This transport originated from the Betonirka detention facility in Sanski Most, where those people had been detained since the end of May 1992.1173 Drago Dosenovic ('Maca') and a camp warden called 'Spaga' organised the second transport.1174 In both transports, prisoners had to stand in extremely cramped conditions and were not provided with sufficient water to drink during the nine hours of the journey, despite the hot weather.1175 The Trial Chamber finds that as a consequence of these conditions, more than 20 prisoners died during the second transportation.1176
1171. Ex. P666, "Order" of 6 June 1992 to evacuate 150 detainees from the Hasan Kikic elementary school in Sanski Most to Manjaca. See also Sakib Muhic, T. 8122-8123; Enis Sabanovic, T. 6488 . The Trial Chamber is not satisfied that killings occurred either during the transportation or upon arrival at the Manjaca camp as alleged in the Indictment, see Enis Sabanovic, T. 6489.
1172. Ahmet Zulic, T. 6915-6916.
1173. Adil Draganovic, T. 5094.
1174. Bekir Delic, T. 7974.
1175. Ahmet Zulic, T. 6915-6923; Bekir Delic, T. 7972-7975.
1176. Ahmet Zulic, T. 6918-6920; Bekir Delic, T. 7972-7974; Adil Draganovic, T. 4868; Jakov Maric, T. 10814-10815 .
Attorney-General of Israel v. Adolf Eichmann, Judgement (District Court of Jerusalem) (1968) 36 ILR 5, para. 129:
"Living Conditions in the Camps
129. We heard evidence about the reign of terror in Auschwitz in the shadow of the smoke going up from the crematoria, and in the many camps connected with Auschwitz. There was evidence, similar in content, about conditions in the Majdanek camp in the East and in the many labour and concentration camps scattered throughout eastern Europe. The system was uniform, with local variations, according to the sadistic inventiveness of the commanders and of the guards, who had the lives of the Jews at their mercy. We shall quote witnesses on this subject, too, who suffered this regime with their own bodies. Here, too, the items we picked at random from the enormous amount of evidence brought before us will suffice to illustrate that the aim of this entire regime was to exterminate the Jew by making him work under inhuman conditions until the last drop of strength had been squeezed out of him. This applied also to the few who were kept alive in the extermination camps, to be employed for a time in the camp, until they, too, went the way of their exterminated brethren.
Dr. Aharon Beilin describes the living conditions in the Auschwitz camp:
And this is what Yitzhak Zuckerman said about forced labour of Jews from Warsaw in the Kampinos camp (Session 25, Vol. I, p. 409):
P.5. Evidence of death caused by conditions of life in ghettos.
A. Legal source/authority and evidence:
Attorney-General of Israel v. Adolf Eichmann, Judgement (District Court of Jerusalem) (1968) 36 ILR 5, para. 129 – 130:
Living Conditions in the Ghettos in the East
130. We have listened to much evidence on living conditions in the ghettos in the East. From Lodz to Vilna, Kovno, Bialystok, Riga in the north, and Cracow, Przemysl, Kolomea and Lvov in the south, to the largest of them all, the Warsaw Ghetto, into which some half a million Jews were crammed.
The witness Zivia Lubetkin gave a description of the life of the Jews in this ghetto, which can apply to the other ghettos as well. She spoke of the economic decrees introduced by the Germans already during the first period, when they entered the city, and of later decrees affecting cultural and social life, including the prohibition of the opening of schools and libraries. She told of how synagogue services were forbidden and public bodies disbanded; and continues (Session 25, Vol. I, pp. 398-399):
The witness also gave evidence about the terrible sanitary conditions resulting from tremendous congestion, the typhus epidemic which broke out, and the hunger which struck down hundreds of victims daily.
Such were the conditions of Jewish life in the Warsaw Ghetto until the large "actions" which began in July 1942, when Jews were rounded up en masse and deported to Treblinka for extermination.
Dr. Meir Mark Dworzecki and Dr. Aharon Peretz, in their evidence, spoke about medical aspects of Jewish life in the ghetto. The rations given to the Jews had a value of 170-200 calories per day, whereas a person who is not working needs 2,300 calories and a working man needs 3,000-5,000 calories. Dr. Dworzecki carried out research on this subject and found that, with these rations, all inhabitants of the Vilna Ghetto would starve to death within a month or two. This did not happen, because the ghetto residents succeeded in smuggling food into the ghetto, sufficient to provide 800-1,000 calories per soul per day. He further calculated that, even with the aid of smuggled food, the inmates of the Warsaw Ghetto would have died of starvation to the very last man within eight years. A passage from the diary of Hans Frank is worth mentioning here (T/253, p. 44). It relates to a meeting of the heads of the Generalgouvernement in Cracow on 24 August 1942, when the subject on the agenda was "The absorption and feeding plan for the Generalgouvernement." The directive of the Main Department for Nutrition and Agriculture stated there that,
Dr. Dworzecki also gave evidence about the diseases and epidemics raging in the ghettos, owing to poor hygienic conditions and malnutrition, scurvy, lice, typhus, tuberculosis and the swelling of the body in the last stages of starvation, as well as diarrhoea, which took toll of tens of thousands of victims in the ghettos and the concentration camps.
We heard evidence about children in the ghetto, about the dashing of a child's head against the pavement before his mother's eyes (evidence of Noah Zabludowicz, Session 21, Vol. I, pp. 335); about children torn from their mothers' arms and taken off for extermination; about the children in Lodz who were thrown from hospital balconies into trucks which came to round up the sick and the children, in order to deport them for extermination (evidence of Henryk Ross, Session 23, Vol. I, p. 380); about mass kidnapping of children in the "Children's Action" (evidence of Peretz, Session 28, Vol. I, p. 479); and about whole orphanages evacuated from Warsaw, and the children and their teachers taken to Treblinka (the evidence of Dr. Adolf Berman, Session 26, Vol. I, p. 426-427)."
P.6. Evidence of death caused by deportations.
A. Legal source/authority and evidence:
Report of the International Law Commission on the work of its forty-eighth session 6 May – 26 July 1996, UN Doc. A/51/10, para. 50: Commentary to Article 17, sub-para. 15 (pages 91 – 92):
"Regarding subparagraph (c) [of article 17, on the crime of genocide], the phrase ‘deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part’ was drawn from article II, subparagraph (c) of the Convention.123 It was suggested that deportation should be included in subparagraph (c). The Commission, however, considered that this subparagraph covered deportation when carreid out with the intent to destroy the group in whole or in part."
"123. "The word ‘deliberately’ was included there to denote a precise intention of the destruction, i.e., the premeditation related to the creation of certain conditiosn of life … It is imposeieble to enumerate in advance the ‘conditions of life’ that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not. Instances of Genocide that could come under subparagraph (c) are such as placing a group of people on a subsistance diet, reducing required medical services below a minimum, withholding sufficient living accommodations, etc., provided that these restrictions are imposed with intent to destroy the group in whole or in part." Nehemiah Robinson, the Genocide Convention: A Commentary (1960) pp. 60 and 63-4."
Guatemala: Memory of Silence, Report of the Commission for Historical Clarification February 1999 (online: Prosecutor v. Ignace Bagilishema, Case No. ICTR-95-1A-T, Judgment (TC), 7 June 2001, para. 90:
"90. The "creation of conditions of life leading to the mass killing" of others include, for example imprisoning a large number of people and withholding the necessities of life, so that mass death results; or introducing a deadly virus into a population and preventing medical care, with the same result." [N.B. This paragraph relates to extermination, not genocide, hence the reference to the result of a mass death which is not a requirement for the crime of genocide by killing]
"146. The act(s) or omission(s) may be done with intention, recklessness, or gross negligence. The ‘creation of conditions of life that lead to mass killing’ is the institution of circumstances that ultimately causes the mass death of others. For example: Imprisoning a large number of people and withholding the necessities of life which results in mass death; introducing a deadly virus into a population and preventing medical care which results in mass death. […]"[N.B. This paragraph relates to extermination, not genocide, hence the reference to the result of a mass death which is not a requirement for the crime of genocide by killing]
P.8. Evidence of death caused by destruction of villages and crops.
A. Legal source/authority and evidence:
Guatemala: Memory of Silence, Report of the Commission for Historical Clarification February 1999 (online: Prosecutor v. Callixte Nzabonimana, Case No. ICTR-98-44D, Judgement (TC), 31 May 2012, para.888-892, 914-916, 936:
888. Prosecution and Defence witnesses provided evidence that a successful attack upon the Nyabikenke commune office occurred on the night of 14 to 15 April 1994.
889. The Chamber recalls that Witnesses CNAI and CNAX both sought refuge at the commune office. Both witnesses provided eyewitness testimony of an attack on the office during the night of 14 to 15 April 1994. Witness CNAI testified that the attackers included Hutu assailants and commune policemen. Witness CNAX gave corroborating evidence that commune police participated in the attack. Witnesses CNAI and CNAX recounted that the assailants used grenades, firearms and traditional weapons in the attack.
890. Furthermore, Witnesses CNAI and CNAX provided consistent evidence that the assailants killed and wounded refugees during the course of the attack. Witness CNAI saw bodies scattered in the inner courtyard of the commune office. Others were killed as they attempted to flee. He provided the names of four of those killed: Léocadie, Cansilde, Bayibayi and Nyirabahima. Witness CNAX testified that a number of Tutsis were killed during the attack and others were wounded. He spoke of seeing bodies inside the commune office.
891. In addition to the evidence of Witnesses CNAI and CNAX, Witnesses CNAY and CNAF provided general hearsay testimony that attacks on the commune office occurred after 11 April 1994.
892. The Chamber notes that during his examination-in-chief, Witness CNAI testified that the attack occurred "on the 14th of April at 3 a.m." The Chamber recalls that Witness CNAI stated that he witnessed the meeting at Cyayi centre on the afternoon of 14 April 1994 and that he returned to Cyayi centre at 8.00 p.m. that evening to buy cigarettes. Witness CNAI explained that "on that day it had been a calm day" in Cyayi and that while violence had begun in other areas, "Cyayi continued to be calm." According to Witness CNAI it was "only on the 14th and the 15th that the Cyayi cellule went up with an uprising." Witness CNAI recounted that while in Cyayi that evening he saw people were preparing an attack, "and it didn’t take long to be launched." Reading his testimony as a whole, it is clear that Witness CNAI’s testimony describes the attack on the night of 14 to 15 April 1994.
914. Prosecution and Defence witnesses provided consistent evidence that attacks on the commune office took place during the day on 15 April 1994.
915. Witness CNAX testified that at around 10.00 a.m. a large-scale attack occurred, where assailants and Interahamwe attacked the refugees with grenades, firearms and traditional weapons. At around 2.00 p.m., the refugees tried to defend themselves. At some point in the afternoon, Father Lerusse came to the commune office and advised the refugees to flee as largescale attacks were imminent. Witness CNAX saw a policeman throw a stone at a man named Mazuru and kill him. Witness CNAX saw approximately 45 to 60 dead bodies as he fled the commune office. Witness CNAI was not an eyewitness but stated that at 10.00 a.m. he saw people on a hill preparing to launch another assault on the office. He later learned that an attack was launched at 2.00 p.m.
916. From his house, Ndayisaba heard a noise at 9.00 or 10.00 a.m. He then saw civilians armed with traditional weapons attacking the commune office with stones. He denied that firearms or grenades were used in this attack. Witnesses T24 and T28 testified that they were both present at the commune office in the morning. However, both witnesses left the commune office in the morning to take wounded refugees to the health centre. Although Witness T28 did not provide first-hand testimony of a morning attack, he testified that around 2.00 p.m., Father Lerusse informed him that people at the commune office were being stoned and were close to being killed.
936. Based on the foregoing, the Chamber concludes that there was an attack on the commune office which began at approximately 10.00 a.m. on 15 April 1994 and continued into the afternoon. The assailants included commune policemen, Interahamwe and civilians, armed with traditional weapons, firearms and grenades. The Chamber further finds that between approximately 15 and 60 Tutsi refugees were killed during the attack, including Evariste Munyagatare.
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 356:
"356. There is forensic evidence that corroborates the killings. A DNA analysis of blood and tissue samples collected at the Pilica Cultural Centre identified the samples as being of human origin.1338 According to the locations of markings on the walls from both grenades and artillery fire, it appears that some victims may have sought some protection by crouching in the corners of the main room or may have been lined up against the wall before being shot. Additionally, markings from gun shots were found on the wall behind the stage, indicating that men were put on the stage before being executed and appear to have been shot at by soldiers located in the balcony overloking the stage.1339"
"1338. Ex. P565 (Report of Investigation at the Kravica Warehouse and the Pilica Dom by Mickael Maloney and Mickael Brown ), p. 1; Ex. P563 (Report on blood and tissue found at Grbavic School, Kravica Warehouse and Pilica Dom from samples taken by the US Navy Intelligence Service), p. 5-11. "
"1339. Dean Manning, T. 7214-15:
[The U.S. Naval Investigation Service] representative samples of blood, human tissue, and explosive residue from that building [sic]. They also identified large amounts of blood and explosive damage to the stage, blood dripping from the stage, artefacts such as shell cases, identification documents, and shoes, and other material which indicated or confirmed that an execution had taken place in that building […] [Ex. P19.7] is a photograph of the stairway area leading to the stage of the Pilica Dom. That is a blood splatter pattern. You can see it's dripping down the wall, and there's another pattern on the left of the photograph. And it also indicates damage to the walls and the structure of the Dom."
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, para. 181:
"181. The Prosecutor’s investigator Pierre Duclos testified that when visiting Musha church in 1997, he observed holes in the doors and the roof where the metal was torn by projectiles fired into the church from the outside and a mark that he was told was dried blood.[331]"
[B. Evidentiary comment:]
P.10. Evidence of dead bodies.
Prosecutor v. Sefer Halilovic, Case No, ICTY-IT-01-48-T, Judgement (TC), 16 November 2005, para. 37:
"37. It has been established that it is not necessary that a victim’s body has been recovered in order to prove that the victim is dead. The death may be established by circumstantial evidence provided "the only reasonable inference from the evidence is that the victim is dead as a result of acts or omissions of the accused or of one or more persons for whom the accused is criminally responsible."85 In the Trial Chamber’s opinion, relevant factors include, but are not limited to, the coincident or near-coincident time of death of other victims, the fact that the victims were present in an area where an armed attack was carried out, when, where and the circumstances in which the victim was last seen, and the behaviour of soldiers in the vicinity, as well as towards other civilians, at the relevant time.
85 Kvočka Appeal Judgement, para. 260. See also Tadić Trial Judgement, para. 240 ("Since these were not times of normalcy, it is inappropriate to apply rules of some national systems that require the production of a body as proof to death. However, there must be evidence to link injuries received to a resulting death") and Krnojelac Trial Judgement, para. 326
P.10.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
A. Legal source/authority and evidence:
Prosecutor v. Callixte Nzabonimana, Case No. ICTR-98-44D, Judgement (TC), 31 May 2012, para. 928-930:
928. Prosecution and Defence witnesses provided consistent testimony that the assailants killed Tutsi refugees during the attacks and wounded others. During the night time attack, Witness CNAI saw bodies scattered in the courtyard of the office and identified an elderly woman named Léocadie, a man named Bayibayi and a woman named Nyirabahima. Witness CNAX similarly saw a number of Tutsis killed and stated that their bodies were inside the commune office. Witness T28 stated that the grenades killed one refugee and seriously injured others. He also stated that two other refugees had been trampled in the backyard of the office. He later realised that women and children had died trying to leave the commune office compound. Witness T24 was not present at the attack and only arrived at the office the next morning, but he confirmed that there were wounded people, who he tried to take to the health centre. Similarly, Witness T31 learned the following morning that refugees had been killed in waves of attacks on the commune office.
929. Witness CNAX stated that as he was getting ready to flee during the daytime attacks, he passed the dead bodies and had to jump over some of them. He further stated that when he left the commune office he saw approximately 45 to 60 dead bodies.
930. Witness T24 estimated that between 17 and 20 people in total were killed.1203 Witness T28 testified that people were killed, including children and women who were apparently trying to flee the commune office compound. Ndayisaba estimated that the assailants killed a total of 10 to 15 refugees.1204 Witness BCB also testified that refugees died during the attacks.
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 281, 302 – 311, 329, 332 – 335, 340, 342, 349, 353, 355, 359 – 360:
"281. […] Moreover, on 15 July, a representative for the Bratunac Department of Defence was informed that there were corpses in the Vuk Karadjžic School.1023 Forty to fifty bodies were discovered in the classrooms, both on the ground floor and the first floor.1024 There was a terrible stench.1025 The representative for the Department of Defence arranged for a truck which transported the bodies from the school to Glogova where a grave had already been dug.1026 After the bodies had been removed, approximately 20-30 women from Bratunac, who had been arrested for looting in Potocari and Srebrenica, were ordered by the municipality to clean up the school.1027"
"1023. Witness DP-101, T. 7916-17 (closed session).
1024. Witness DP-101, T. 7917-18 (closed session). Dragan Mirkovic testified that he saw about six corpses at the school, but was later informed that there were many more, T. 7954. However Momir Nikolic testified that Dragan Mirkovic told him that there was 80-100 Bosnian Muslims. Momir Nikolic, T. 1762-63.
1025. Witness DP-101 (closed session ), T. 7883-84 (closed session).
1026. Witness DP-101 (closed session ), T. 7919, 7920 (closed session). See also Dragan Mirkovic, who testified that a group of people from the utilities company was told to collect bodies at Vuk Karadzic School. They had heard the shooting around the school; Dragan Mirkovi c, T. 7953-54.
1027. Witness DP-101 (closed session ), T. 7883-84 (closed session)."
"302. Jovan Nikolic saw many corpses outside the warehouse when he arrived at the Kravica Warehouse. […]
303. […] A member of the former Department of Defence in Bratunac also testified that on 14 July at around noon he saw several groups of soldiers unknown to him at the warehouse and approximately 200 or 300 corpses placed in front of the warehouse. 1089
304. On the evening of 13 July, Colonel Beara, together with Miroslav Deronjic and others, began organising the burials of the Bosnian Muslim men killed at the Kravica Warehouse. A number of meetings between the civilian authorities and the VRS was held at the SDS offices in Bratunac.1090 It was decided that workers from the asanacija unit of the Rad Utilities Company and "work obligation unit" of the Bratunac Civilian Protection report in Kravica the next morning to load the bodies onto vehicles.1091 Dragan Mirkovic, the director of the Rad Utilities Company in Bratunac and the commander of the Company’s asanacija unit,1092 was ordered by Beara to get all men and machinery available to him ready for a burial operation.1093
305. Some time after midnight another meeting was held at the SDS offices, attended by, among others, Miroslav Deronjic, two unknown VRS officers and Momir Nikolic.1094 Miroslav Deronjic ordered that the Civilian Protection workers should report at Glogova the morning of 14 July.1095 The asanacija unit of the Rad Utilities Company were to dig a large grave there. At Glogova the asanacija unit was to be handed over to Momir Nikolic.1096 However, Dragan Mirkovic, who had accompanied the asanacija unit to Glogova on the morning of 14 July, testified that he did not see Momir Nikolic or Colonel Beara there.1097
306. Between 14 and 16 July, the bodies of the Bosnian Muslim men were taken in trucks from the Kravica Warehouse to be buried at grave sites in Glogova and Ravnice.1098 A loader of the Rad Utilities Company was used to load the bodies onto the trucks.1099 It was operated by two members of the Bratunac Brigade: Radenko Djurkovic,1100 and Krsto Simic,1101 both members of the Workers Battalion of the Bratunac Brigade.1102 Krsto Simic testified that on the morning of 14 July1103 following an order by members of the Military Police whom he did not recognise, he and a colleague of his had to report to the Rad Utilities Company and then to the Bratunac Brigade headquarters.1104 In front of the Bratunac Brigade headquarters Momir Nikolic ordered them to go to Kravica.1105 Trucks from Bratunac utilities companies and one from a Zvornik utilities company left Bratunac around noon, escorted by military police.1106 According to Krsto Simic the Military Police first secured the area at the Kravica Warehouse while the bodies were loaded onto the trucks1107 and then the column of trucks when it left for Glogova.1108 At Kravica, Momir Nikolic ordered Krsto Simic to replace Radenko Djurkovic in operating the loader.1109 Members of the Bratunac Civilian Protection assisted in loading the bodies onto trucks.1110 The trucks left together for Glogova.1111
307. Krsto Simic testified that at the Glogova grave site the bodies were unloaded in the presence of Momir Nikolic and members of the Military Police.1112 Radenko Djurkovic dug two graves at the Glogova site, as ordered by Drago Mirkovic and Momir Nikolic.1113 The excavator used to dig the second grave was brought from Bratunac. It was yellow and had a license plate from Zvornik.1114 After the bodies were placed into the graves, earth was spread over the bodies with a large machine, layer by layer. On the second day all bodies had been buried.1115
308. Ostoja Stanojevic, a driver of the engineering company of the Zvornik Brigade, testified that around 09:00 of 14 July Dragan Jokic told him to get his truck ready as he would spend several days in the field. He told him that he had to go to Srebrenica to "clear up some garbage" and that he first had to report to the Civilian Protection in Zvornik, which he did.1116 Ostoja Stanojevic, along with three members of the Civilian Protection including the commander of the Rad Utilities Company Dragan Mirkovic and Rajko Dokic then drove south to Bratunac town. Upon arrival, Ostoja Stanojevic reported to the Civilian Protection but was not given any instructions.1117 He then spent the night of 14 July at a hotel in town.1118 On 15 July Ostoja Stanojevic was told by ?okic that it was not possible to go to Srebrenica. Later, Stanojevic was approached by an unknown worker of the Bratunac Civilian Protection who told Stanojevic to go to Kravica and who also joined him there as Stanojevic did not know where it was.1119 At the Kravica, corpses were removed from the Warehouse and loaded onto his and other trucks by members of the Civilian Protection using a loader.1120 Stanojevic transported them to the Glogova grave site together with workers from the Civilian Protection and unloaded the bodies in a grave that had already been dug.1121
309. Ostoja Stanojevic testified that he complained to Dragan Jokic on 17 July about his assignment at the Kravica Warehouse.1122 Dragan Jokic told him that:
310. On 15 July detained DutchBat soldiers were driven from Milici to Bratunac. Between Kravica and Glogova the DutchBat soldiers noticed an intense smell and saw on the side of the road a big truck carrying a container.1124 One of the DutchBat soldiers testified that he saw seven or eight male bodies coming out of the top of the container. The bodies appeared to be of men aged 20 to 40 years; the men had been stripped to the waist and the bodies were swollen and "kind of bluish".1125 DutchBat then passed a body of another man stripped to the waste and wearing no shoes lying on the side of the road.1126 Andere Stoelinga saw a bulldozer and a "scrapper"1127 next to the body, and two men were trying to get the body into the "scrapper".1128
311. Nikola Popovic testified that he knew that on 19 July, Bratunac Brigade military police was securing public utility workers who were digging graves in Glogova.1129 This evidence is corroborated by the military police logbook of the Bratunac Brigade.1130 The Trial Chamber recalls that during the "clean-up" of Srebrenica and Potocari, bodies were found. Those bodies were subsequently taken to the Glogova grave site.1131"
"1090 Witness DP-101 T. 7872-73 (closed session). Witness DP-101 gave evidence that he met with Miroslav Deronjić and two unknown officers at the SDS offices to get orders. Dragan Mirković testified that he met with Beara and two unknown officers in Miroslav Deronjić’s office on the night of 13 July; Dragan Mirković, T. 7940.
1091 Witness DP-101, T. 7872-7874 (closed session).
1092 According to Dragan Mirković, the Rad Utilities Company was a public company that in times of war received orders from the president of the Municipal Assembly, the president of the Executive Board and from utility, sanitary and building inspectors. It was not subordinated to the army, but its activities were to be coordinated with those of the army through the civilian authorities. During the war asanacija was one of its duties; T. 7965-
66, 7938.
1093 Dragan Mirković, T. 7939-43.
1094 Witness DP-101, T. 7876 (closed session).
1095 Witness DP-101, T. 7876 (closed session). The Trial Chamber has also heard evidence that a member of the asanacija unit was taken to a shack in front of the Bratunac Brigade Military Police station, where Momir Nikolić confirmed the order of Dragan Mirković to go to Glogova, Witness P-140, T. 3405.
1096 Witness DP-101, T. 7876-78 (closed session).
1097 Dragan Mirković, T. 7950.
1098 The expert Witness Dean Manning testified as to artefacts located in the Ravnice grave and the Glogova primary grave that were identical to those in the Kravica Warehouse; Dean Manning, T. 7179-81, 7210-11.
1099 Witness DP-101, T. 7909 (closed session).
1100 Krsto Simić, T. 7327-28, Dragan Mirkovi}, 7948-49.
1101 Krsto Simić, T. 7329; Jovan Nikolić, T. 8036. The Trial Chamber has considered Krsto Simić’s status as suspect when it has evaluated his evidence.
1102 Witness P-140, T. 3401 (private session). Radenko \urkovi} was assigned to the asanacija unit of the Rad Utilities Company and was mobilised to the Bratunac Brigade in July 1995, Witness P-140, T. 3445, 3450, 3395
(private session); Dragan Mirković, T. 7974. Krsto Simić, T. 7345-51, referring to Ex. P165, Bratunac Brigade Roster, list of reserve members; Ex. D143/1, roster of the Bratunac Brigade, which lists Krsto Simić as a member of the 3rd Battalion.
1103 Krsto Simić testified that he received this order two or three days after the Srebrenica enclave fell. Considering the evidence presented, the Trial Chamber notes that the only date on which Krsto Simić reasonably could have received the order was 14 July.
1104 Krsto Simić stated that the director of the Sase mine, where Krsto Simić was working, sent him and his colleagues to the Rad Utilities Company, after Krsto Simić had seen him talking to military police men. Krsto Simić knew that those men were military police because they wore white belts and camouflage uniforms and he assumed that they were from the Bratunac Brigade; T. 7319-20, 7351-52, 7354. Under the Regulation governing the Military Police, the uniform for a military police member is described: "During the performance of their service in war and in peace, members of the military police wear the official uniform prescribed by the regulations on military garments, a white belt with a should strap, a white pistol holder and a military police badge fastened to the belt buckle." Ex. D15/1, Service Regulations of the SFRY, Armed Forces Military Police,
1985, Article 8.
1105 Krsto Simić gave further evidence that at the headquarters he saw VRS officers and MP’s, none of which he recognised, Krsto Simić, T. 7320-21, 7354.
1106 Krsto Simić, T. 7322-23. According to Witness P-140 the red truck from the Sase mine was driven by Krsto Simić; the driver of a Rad Utilities Company truck was Milivoje Cvjetinović and the driver of a yellow truck owned by the brick factory was Dragoljub Stanojević; Witness P-140, T. 3413-14. Dragoljub Stanojević was a driver at the Ciglana DD Company; he drove a truck with bodies from the Kravica Warehouse to Glogova. Dragoljub Stanojević, Ex. P213/1, p. 1-3.
1107 Krsto Simić, T. 7325-26.
1108 Krsto Simić, T. 7331.
1109 Krsto Simić, T. 7329.
1110 Krsto Simić, T. 7326; Dragoljub Stanojević, Ex. P213/1, p 2; Rajko ?okić, T. 11893-94.
1111 Krsto Simić, T. 7331.
1112 Krsto Simić, T. 7333. Dragan Mirković claimed that he did not see Momir Nikolić or Ljubiša Beara at the grave site, Krsto Simić, T 7951-52 and did not notice any members of the Bratunac Brigade military police guarding any equipment there; Krsto Simić, T. 7961.
1113 Witness P-140, T. 3405, 3427-28. Dragan Mirković stated that when he had told Ljubiša Beara at the SDS premises that Radenko Djurković would be able to use an excavator, but that he was mobilised with the Bratunac Brigade, Beara said that he would take care of it and the next day Radenko Djurković was at the site. Dragan Mirković, T. 7947-48.
1114 Witness P-140, T. 3431. Dragan Mirković testified that he had informed Ljubiša Beara that they could not dig the grave with the loader they had but would need an excavator. Beara replied that he would ask for one from the Zvornik Brigade. Witness P-140 did not see anyone from Zvornik operating the excavator while he was in Glogova; Witness P-140, T. 3467
1115 Witness P-140; T. 3433. There were only five or six additional bodies that were found some days later and buried in an extension of the first grave; Witness P-140, T. 3434-35.
1116 Ostoja Stanojević, T. 5677.
1117 Rajko ?okić, T. 11885-90.
1118 Rajko ?okić, T. 11887-90.
1119 Ostoja Stanojević, T. 5677-80. Ostoja Stanojević testified that the person who told him to go to Kravica was probably a worker from the Civilian Protection. Ostoja Stanojević further testified that he did not contact Dragan Jokić. Ostoja Stanojević, T. 5680; Rajko \oki}, T. 11891-93.
1120 Ostoja Stanojević, T. 5682; Dragoljub Stanojević, Ex.P.213/1, p. 2-3.
1121 Ostoja Stanojević testified that the workers were wearing "blue uniforms, such as worn by people who are in civilian protection or people employed in public utilities companies"; T. 5687 After they had unloaded the bodies at the grave site, Ostoja Stanojević went back to Kravica to transport more bodies to the grave site; Ostoja Stanojević, referring to Ex. P669 (Diagram drawn by Witness during OTP interview – letters "K" and "B" refer to road; letter "E" depicts the grave); T. 5688-91.
1122 Ostoja Stanojević, T. 5692-93.
1123 Ostoja Stanojević, T. 5694. Ostoja Stanojević also stated that Dragan Jokić could not have decided on his own to give Ostoja Stanojević over to the Civilian Protection. Ostoja Stanojević, T. 5693.
1124 Andere Stoelinga, KT. 2288. Andere Stoelinga also testified that the bus passed the area around noon; KT. 2305.
1125 Andere Stoelinga, KT. 2289.
1126 Andere Stoelinga, KT. 2291, 2302.
1127 A vehicle with a mechanical shovel on the front. Andere Stoelinga, KT. 2291.
1128 Andere Stoelinga, KT. 2291.
1129 Nikola Popović, T. 11110-11. Witness P-138 testified that he knew that a military police patrol of the Bratunac Brigade went to Glogova on 19 July to secure public utilities workers, but he claimed that he would not have known what those workers were doing there. Witness P-138, T. 3576.
1130 Ex. P449,Bratunac Military Police logbook, entry for 19 July (date be inferred from the sequence of the pages) that patrols went to secure the public utility workers in Glogov[o] sic.
1131 See infra section II. D. 1. h."
"329. […] A second survivor testified that as he was trying to escape, he crossed a second field about 300 metres from the field where he had been shot at that was also covered with men who had been executed.1216"
"332. According to Witness P-130 the Engineering Company of the Zvornik Brigade arranged for heavy equipment to be brought to Orahovac and was digging the grave following instructions from Drago Nikolic.1225 The "clean-up operation" at the school was organised by Miomir Jasikovac. It was carried out from midnight until the early morning hours of 15 July. Around a dozen Bosnian Muslims had died in the sports hall and were taken to the execution site to be buried in the mass grave. On 15 July around 05:00 the last truck left from the school to the execution site.1226 Vehicle logs show that a backhoe excavator and an excavator were deployed at Orahovac "digging trenches."1227
333. Cvijetin Ristanovic, a member of the Engineering Company of the Zvornik Brigade, corroborated that the Engineering Company took part in the burials at Orahovac. He testified that on 14 July1228 Dragan Jokic, then serving as duty officer, told him and Milan Maksimovic, a truck driver in the Engineering Company, to load the excavator Ristanovic was in charge of and to take it to the school in Orahovac. Jokic did not specify what Ristanovic’s task was going to be.1229 This order was given to Ristanovic in the presence of Slavko Bogicevic, deputy commander of the Engineering Company.1230
334. Cvijetin Ristanovic stated that when they took the road to the school at Orahovac, he saw soldiers whom he thought belonged to the Military Police along the road.1231 They had gone on for another 500 metres to 1 kilometre on the road between Orahovac and Kirizevic when they were told to stop.1232 Cvijetin Ristanovic was then ordered by Slavko Bogicevic to dig a grave in the meadows.1233 While he was digging the grave, trucks with Bosnian Muslim men arrived several times and Cvijetin Ristanovic was interrupted by the soldiers who were carrying out the executions. He was told to turn around so that he was not facing the hole he was digging. After bursts of gunfire ended, he saw the bodies of men dressed in civilian clothes and wearing blindfolds lying near the hole he had been digging.1234 In the afternoon, Miladinovic, another machinist of the Engineering Company of the Zvornik Brigade, took over Cvijetin Ristanovic’s machine to continue the digging.1235 Miladinovic had been together with Dragan Obrenovic and Dragan Jevtic at Snagovo on 14 July. He was released by Dragan Obrenovic and send to Zvornik after Dragan Jevtic had conveyed the message from the operations centre that Miladinovic and another machinist, Milos Mitrovic, should be sent there.1236
335. On 15 July, Cvijetin Ristanovic was ordered to go back to Orahovac by the commander of the fortification platoon of the Zvornik Brigade, Damjan Lazarevic.1237 Damjan Lazarevic was present the entire time while Cvijetin Ristanovic was digging the grave.1238 Cvijetin Ristanovic was working at the site with members of the Civilian Protection and the public utility company from Zvornik.1239"
"1225 Witness P-130, T. 6622, 6779.
1226 Witness P-130, T. 6621.
1227 Ex. P515, Zvornik Brigade Vehicle Log for backhoe excavator, for July 1995, and Ex. P516, Zvornik Brigade Vehicle Log for Rovakopac Torpedo from Birac Holding for July 1995.
1228 Cvijetin Ristanović believes that it was around noon, but can not be certain of that. Cvijetin Ristanović, T. 5408.
1229 Cvijetin Ristanović, T. 5364-65, 5406-07.
1230 Cvijetin Ristanović, T. 5365; Dragan Obrenović, T. 2910.
1231 Cvijetin Ristanović did not know which brigade they were from. Cvijetin Ristanovi}, T. 5368-69.
1232 Cvijetin Ristanović, T. 5369.
1233 Cvijetin Ristanović testified that he thinks that it was Slavko Bogičević, who gave him this order; T. 5370-71,
5408
1234 Cvijetin Ristanović, T. 5373-75.
1235 The other machinist was named Milovan Milodonović. Cvijetin Ristanović, T. 5376-77
1236 Dragan Obrenović, T. 2498-501. Dragan Obrenović testified that he was informed that they were being requested to assist in the murder operation. Dragan Obrenović, T. 2499. See also Miloš Mitrović, who testified that they were ordered to go to Standard, T. 5599-6000.
1237 Dragan Obrenović testified that Damjan Lazarević assumed a command position when Slavko Bogičević, was not present, T. 2910. Minja Radović, T. 11922-23.
1238 Cvijetin Ristanović, T. 5382, 5387.
1239 Cvijetin Ristanović, 5383-84. ".
"340. At one point the Bosnian Muslim men were told that they would be going for "some kind of examination".1257 When they were taken out of the school to trucks, they had to take off some of their clothes and their shoes, and their hands were tied behind their backs.1258 They had to walk over many dead bodies barefooted in order to get onto the trucks . When the trucks were about to leave, the VRS soldiers started shooting at the men.1259"
"1257. Witness P-111, T. 1408.
1258. Witness P-111, T. 1409; Witness P-112 testified that he saw a pile of clothing and documents in the corridor of the school, KT. 2968-69.
1259. Witness P-111, T. 1416; Witness P-112, KT. 2969-71, 2974."
"342. Both survivors gave evidence that in the morning a loader appeared at the site and was loading the dead bodies onto a tractor.1263 Witness P-112 also saw a "caterpillar" bulldozer with a sort of blade in front.1264 Witness P-112 estimated that there were approximately 1,500 to 2,000 dead bodies on the execution field.1265"
"1263. Witness P-111, T. 1423. Witness P-112 believed the loader to be an ULT 160; KT. 2983-84.
1264. Witness P-112, KT. 2983-84.
1265. Witness P-112, KT. 2983, testifying that this estimate is based on the number of people in the school, which was about 600 per floor and on the observation of the area in daylight; KT. 3001."
"349. […] The killing field was covered with around 1000 dead bodies1308 when heavy machinery arrived to bury them at the site.1309"
"1308. Witness P-105, T. 1198. Dražen Erdemovic estimated that around 1000 Muslim men were killed at Branjevo Military Farm. All men were dressed in civilian clothes, except for one who was wearing camouflage pants; KT. 3137-38, MT. 25122.
1309. Dražen Erdemovic testified that "the Lieutenant Colonel" was present, while the Muslim men who had been brought with the last bus, were shot and said that the men would be buried at the farm, MT. 25157."
"353. On 17 July, Cvijetin Ristanovic, a member of the Engineering Company of the Zvornik Brigade, was sent by Damjan Lazarevic, commander of the fortification platoon of the Engineering Company, to Branjevo Military Farm.1321 When Cvijetin Ristanovic arrived there with his machine, an excavator, he saw bodies laying on the meadow.1322 He was told by Damjan Lazarevic to dig a hole behind the building.1323 Later a loader arrived at the site, but Cvijetin Ristanovic did not see it being used.1324 After dark Cvijetin Ristanovic returned with the excavator to the base of the Engineering Company.1325"
"1322. Cvijetin Ristanovic referring to the meadow depicted to the left of the building on Ex. P661 (drawings by Witness during OTP interview); T. 5390-93. Cvijetin Ristanovic further testified that he saw a few men in working clothes in front of the workshop of the farm and that he assumed that the men were working there; Cvijetin Ristanovic, T. 5392; See also Ex. P522, Vehicle log for a ULT 220 loader for 17 July. This vehicle log shows that a loader went to Branjevo Farm on 17 July.
1323. Cvijetin Ristanovic gave evidence that the grave had about the same size as the ones that he had dug in Orahovac. Cvijetin Ristanovic, T. 5392.
1324. Cvijetin Ristanovic referred to the loader depicted on Ex. P63 as being similar to the one he saw at Branjevo Military Farm. Cvijetin Ristanovic, T. 5394.
1325. Cvijetin Ristanovic, T. 5395 -96."
"355. […] There is evidence that the next day the dead bodies were loaded onto a truck and buried at Branjevo Military Farm,1335 which is about three kilometres from the Pilica Cultural Centre.1336 There are no known survivors of this massacre.1337"
"1335. Pero Petrovic, the president of the Pilica local commune, testified that he had been asked by a member of the military for the key to the Cultural Centre (he did not have, but someone else), because they wanted to detain prisoners there. Pero Petrovic then witnessed prisoners leaving buses and going towards the entrance of the hall belonging to the centre. Two days later, he saw the soldiers loading bodies onto a truck and a few days later he was told by several people that the bodies were burried at Branjevo Farm ; T. 5511-12, 5514-15, 5518-19.
1336. Jean René Ruez, T. 534.
1337. Jean René Ruez, T. 541."
"359. Damjan Lazarevic was waiting for Milos Mitrovic and Nikola Ricanovic on the road and took them along a path next to the road leading to Kozluk. Along this path, Milos Mitrovic saw the bodies of people who had been killed. Holes had already been dug in the area. Some of the smaller holes were filled with the bodies of men dressed in civilian clothes, piled one on top of another.1347
360. Damjan Lazarevic told Milos Mitrovic to put earth on top of the bodies using the excavator.1348 There were no instructions to check if anybody was still alive.1349 Milos Mitrovic had been covering the bodies with soil for about thirty minutes, when a loader arrived.1350 Milos Mitrovic testified that his excavator could not do the work he was tasked with as it was a construction machine for minor road works was working only at 30% of its normal capacity.1351 He testified that the command of the Engineering Company and the chief of engineering knew that the excavator was not in working order.1352 Rade Boskovic, who had a work obligation with the Josanica company and was not a member of the Engineering Company, brought the machine and operated it.1353 Rade Boskovic continued to cover the bodies with earth while Milos Mitrovic stopped working as there was no need for his service anymore.1354"
"1347 Miloš Mitrović, T. 5604-06, 5621-22.
1348 Miloš Mitrović, T. 5606, 5621.
1349 No one checked for identification papers or registered the victims; no bodies were put into body bags. Miloš Mitrović, T. 5635.
1350 Miloš Mitrović, T. 5606.
1351 Miloš Mitrović, T. 5608-09, 5622-23.
1352 Miloš Mitrović, T. 5609. The loader belonged to the Josanica Company, which was a quarry for stone used in road construction, but when necessary was commandeered by the Zvornik Bri gade for the use of theEngineering Company. Miloš Mitrović stated that the loader had been commandeered on previous occasions;
T. 5607-08, 5630-31.
1353 Miloš Mitrović, T. 5631.
1354 Miloš Mitrović, T. 5609-10.".
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 409, 439, 447, 453 – 454, 456:
"409. […] After the end of the massacre, a number of Bosnian Muslim men had to collect the dead bodies from the roads under the supervision of the Bosnian Serb military.1000 Between 300 and 350 bodies were loaded on trucks, almost all Bosnian Muslims, with a few Bosnian Croats.1001"
"1000. BT-32, ex. P1515, T. 5910-5912 , 6002-6004 (under seal); BT-32, T. 11852-53 (closed session).
1001. BT-32, ex. P1515, T. 5966-5968 (under seal); BT-32, T. 11864 (closed session)."
"439. A Bosnian Croat soldier from the HVO was taken to the camp's isolation cell, from where the other inmates could hear his screams and the sound of beatings. Then a shot was fired, following which everything was silent. Detainees were ordered to wrap his dead body in a blanket.1137"
"447. A yellow truck frequently came by to take away the dead bodies. The vehicle returned empty after about 30-45 minutes.1160 Detainees were often ordered to help with the loading. Some of the bodies had been mutilated.1161"
"1160. Muharem Murselovic, ex. P1542 , T. 2766-2768.
1161. BT-27, ex. P1529, T. 4307-4308 (under seal)."
"453. When the camp in Omarska was closed down, detainees from that camp were transferred to Manjaca camp.1178 One transport of prisoners took place on 6 August 1992. The journey lasted the whole day. After arrival at Manjaca camp, detainees were made to spend the entire night in the locked bus.1179 The Trial Chamber finds that during the night, three men were called out from the bus by the Bosnian Serb policemen accompanying the transport. On the next day, the dead bodies of these three men were seen.1180
454. The Trial Chamber is satisfied that on 5 August 1992, detainees from the Keratem and Omarska camps were put on buses which headed towards Sanski Most.1182 On the way, unidentified Bosnian Serbs shot dead a number of them. Some of their bodies have been found in an area called Hrastova Glavica.1183"
"1178. BT-36, T. 11062 (closed session ).
1179. BT-36, T. 11063 (closed session ); Muharem Murselovic, T. 12607.
1180. Muharem Murselovic, T. 12606 -12607; BT-42, ex. P564, T. 1839 (under seal).
1182. BT-37, ex. P555, T. 2523, 2527 (under seal).
1183. Adil Draganovic, T. 5606; Nicolas Sébire, T. 17410-17411 ; ex. 2006.2, "Exhumations and Proof of Death, Municipality of Prijedor, Nicolas Sébire, 28 August 2002", 01843990-01843992."
"456. The next morning, dead bodies were piled outside room 3, and the entire area was covered with blood.1190 A truck arrived to carry away the bodies. When the truck left, blood could be seen dripping from it. Finally, a fire engine cleaned room 3 and the surrounding area from the traces of the massacre.1191 The exact number of those who died at room 3 has not been, and probably will never be established. Bearing this in mind, the Trial Chamber finds that, on the basis of the number of persons detained in room 3, at a minimum, 190 persons were killed."
"1190. BT-37, ex. P555, T. 2517 (under seal).
1191. Jusuf Arifagic, ex. P554, T . 7099."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 367, 404:
367. […] The Witness explained that the attacker asked to see her ID and then told her to show it to the other men. The other men looked at it and said that the she was going to die. They slashed her breast and her head until she was unconscious. She awakened at 5:00pm outside the classroom on top of dead bodies.
404. […]When she finally returned home around 6:00pm that evening, she found many dead bodies and a few survivors. The bodies she saw remained in the courtyard of the Church for two days. She testified to hearing that the Pastor had informed the bourgmestre about the bodies and the bourgmestre to buy beers for local people who help to bury the bodies.
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 541, 562, 589:
"541. […] The Witness testified that people living in the neighbourhood buried the bodies of the Tutsis who had been killed, but the Witness was not present for the burials.722"
"562. […]The Witness estimated that more than three hundred people were killed at the Convent. Although he was not present at the massacre, the Witness helped to bury approximately 300 bodies on the following day of 8 April 1994.739"
"589. […] Afterwards, the Witness and his companions returned to the massacre site. The situation had calmed down and the Witness entered the courtyard inside the Convent through the gate. From there, the Witness saw that corpses littered the courtyard, including the bodies of small children. The Witness identified that some of the corpses were Tutsis. […]"
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003,paras. 206, 207, 209, 212, 221, 226, 254, 259, 261, 267 – 268, 271:
"206. That night, bursts of shooting and moans could be heard coming from Room 3.415 A man in Room 1 was wounded by a stray bullet.416 A machine gun started firing. The next morning there was blood on the walls in Room 3. There were piles of bodies and wounded people.417 The guards opened the door and said: "Look at these foolish ‘balijas’ – they have killed each other".418 Some of the detainees saw bodies laid out on the grass outside Room 3,419 and the area outside Room 3 was covered with blood.420 A truck arrived and one man from Room 1 volunteered to assist with loading the bodies onto the truck.421 Soon after, the truck with all the bodies left the compound. The volunteer from Room 1 reported that there were 128 dead bodies on the truck.422 As the truck left, blood could be seen dripping from it.423 Later that day, a fire engine arrived to clean Room 3 and the surrounding area.424"
"415 Witness B, T. 2238-39; Jusuf Arifagić, T. 7098; Witness Y, 92 bis transcript in Sikirica,KT. 1431 and Witness K, Statement, 18 August 2000, paras 36-37.
416 Witness B, T. 2239.
417 Witness E, 92 bis testimony in Sikirica, T. 2502 and T. 2510-17.
418 Witness Q, T. 3973.
419 Witness B, T. 2239-40, Jusuf Arifagić, T. 7098-99; Witness Y, 92 bis testimony in Sikirica, T. 1431 and Witness K,
Statement, 18 August 2000,paras 36-37.
420 Jusuf Arifagić, T. 7098.
421 Witness B, T. 2239-40.
422 Witness B, T. 2240. Witness Y estimated that there were between 200 and 300 bodies on the truck. Witness Y, 92 bis testimony in Sikirica, T. 1432.
423 Jusuf Arifagić, T. 7099.
424 Jusuf Arifagić, T. 7099; Witness Y, 92 bis testimony in Sikirica, T. 1431.".
"207. One witness reported about 42 or 43 shots, cries, shootings, and bodies found the next morning in front of Room 3 and loaded later on a Zastava 640.425 Based on this evidence, the Trial Chamber is satisfied beyond all reasonable doubt that there was a second massacre in Room 3 the following day, though is not able to assess the exact number of victims."
"209. Around 200 people from Hambarine arrived in the Omarska camp sometime in July 1992. They were initially accommodated in the structure known as the "White House". Early in the morning, around 01:00 or 02:00 on 17 July 1992, gunshots were heard that continued until dawn. Dead bodies were seen in front of the White House. The camp guards, one of whom was recognised as Zivko Marmat, were shooting rounds into the bodies. "Everyone was given an extra bullet that was shot in their heads ". The bodies were then loaded onto a truck and taken away.426 There were about 180 bodies in total.427"
"426. Witness P, T. 3359-61.
427. Witness P, T. 3362; Witness H, 92 bis testimony in Sikirica, T. 2279."
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor."
"435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sébire, T. 7361; see also Witness B, T. 2246."
"221. In the afternoons a yellow truck stopped by the White House to pick up, on average, between 6 and 13 bodies. The truck would return empty within five minutes.527 Both Cedo Vuleta and Branko Rosic, who worked at the Omarska mines complex during the time it was being used as a camp, testified they saw dead bodies at the camp.528"
"527. Muharem Murselović, T. 2766- 67; Dr. Beglerbegović, T. 4120.
528. Branko Rosić, T. 12662; Cedo Vuleta, T. 11579-81."
"226. A detainee of the Trnopolje camp543 was on several occasions ordered to bury bodies from the camp. He recognised the bodies of Meula Idrizvic, Sadik Idrizvic, Munib Hodzic, Samir Elezovic, Ante Mrgolja and his son Goran or Zoran and the Foric brothers.544"
"543. Mustafa Mujkanović, 92 bis transcript in Tadić,T. 3172.
544. Mustafa Mujkanović,92 bis transcript in Tadić, T. 3184-87. In relation to the Forić brothers, Witness U, T. 6253-54."
"254. Dr. Idriz Merdzanic spoke with the commander of the camp, Slobodan Kuruzovic, about collecting and burying the bodies. When granted permission, Fatima Sahoric and six others drove to Kamicani, where the house was located. They were accompanied by soldiers. All of the dead were Muslims and Fatima Sahoric was able to identify the following individuals from among them: Dzamila Mujkanovic and her brother, Mehmed Sahoric, Lutvija Foric and her son, Tofik, Serifa Sahoric and Jusuf.609"
"259. On 23 July 1992, Witness S and about ten other Muslims were ordered to assist in the collection of the dead bodies in the area of the Biscani local commune. This was organized by two Serb soldiers, Ranko Dosen and Slavko Petrovic, who arrived in Cemernica in the morning with two trucks for the task.623 These two soldiers and the others who accompanied them were armed and dressed in camouflage uniforms.624 Witness S described the route they took in the truck and where they picked up the dead bodies.625 They were given no equipment (such as gloves or masks) to deal with the bodies and the stench of the decomposing bodies was unbearable. Instead they wrapped the bodies in blankets, some of which bore the brand name "Ambassador".626 Witness S told the Trial Chamber about the numbers of bodies and the places where they retrieved the bodies, and was able to identify a number of individuals among the dead.627 The trucks were loaded with bodies and would take turns to be unloaded. Neither Witness S nor any of the other Muslims accompanied the trucks to their final destination.628"
"623. Witness S, T. 5910-5912.
624. Witness S, T. 5913-5914 .
625. See Exh. S211/S.
626. Witness S, T. 5917-5919.
627. Witness S, T. 5922-5952. See also List of Victims known by name.
628. Witness S, T. 5934 .
261. The following day, Witness S was again called upon to assist in the collection of bodies. He worked this time with a different group of people, new trucks and new drivers.631 He estimated that, in total, over the two-day period, he and others collected between 300 and 350 bodies.632 All of the victims were Muslims living in the territory of the Biscani local commune. None of them were wearing uniform, nor did they appear to have been armed at the time of death.633 Witness S submitted a final list of 37 individuals from Biscani whom he identified and who were killed around 20 July 1992.634"
"631. Witness S, T. 5959-60.
632. Witness S, T. 5966.
633. Witness S, T. 5966-68. .
634. Witness S, T. 5969-70 and Exh. S212."
"264. Ivo Atlija also testified about the bodies of victims of the attacks in the commune of Biscani that he was able to identify. In Dimaci he found the burnt bodies of three persons he knew. In Mlinari, many of the victims had been killed with spades and picks; he recognized eight persons. In Buzici, among the bodies found, Ivo. Atlija recognised two. In Jezerce, he identified the bodies of three persons. In Cengije he found four bodies he could identify. He was told by eyewitnesses that a woman had been raped and two of the others had been tortured before they were killed. In Mustanica, Ivo Atlija buried his father who had three gunshot wounds in his back, and saw two more identifiable bodies. Near the Catholic church, he found another neighbour’s body, whose throat had been slit. In Ivandici, one entire family had been killed by gunshot wounds. On the Raljas hill, the bodies of two teenagers had been buried.642 In an area known as "Redak", Ivo Atlija found up to 200 bodies partly buried in a ditch by the side of the road.643"
"642. Ivo Atlija, T. 5603-11.
643. Ivo Atlija, T. 5611 and T. 5614."
"267. On 23 July 1992 the village of Carakovo was attacked. From a neighbouring field , a witness stated: "I did hear the shooting, and I heard the tanks, and I heard the screams of the women and children. I heard them crying. And then I saw the houses that were burning straight away".648 Several people were killed.649 She later helped the relatives bury the bodies.
268. In late July, Witness V took Besim Music to the hospital – she had been beaten by Serb soldiers and shot in the head. Besim Music’s husband, Badema, was also killed along with Ramiz Rekic. Witness V saw Nasif Dizdarevic being buried by his own son.650"
"648. Witness V, T. 5727-29.
649. Witness V, T. 5730-38.
650. Witness V, T. 5741-42."
"271. […] Later, detainees were forced to assist in removing the bodies of the dead. There were between 10 and 15 bodies on the bus.657 Nermin Karagic testified that he was ordered to embark on an Autotransport Prijedor bus and they left the stadium. He recalled that, although he could not be sure, at the time he thought that one of the bodies he loaded into the bus (one that had been decapitated) was the body of his father, as he was of the same build and was wearing a similar pullover.658"
"657. Nermin Karagić, T. 5235-37.
658. Nermin Karagić, T. 5238-41."
Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, paras. 113, 141:
"113. […] He said that there were so many refugees killed that day that he would compare them to "leaves which were falling from trees". Some survivors recognized their kith and kin amongst the dead bodies and buried them in shallow graves; however, other dead bodies were eaten by wild animals and dogs on the hill. As for the method of attack, the witness stated that the attackers would shoot at the refugees first, then the attackers armed with clubs and machetes would finish them off. The Accused was in the front row of attackers with about 20 other people."
"141. […] There were many bodies strewn everywhere around Muyira and Kagari, and all over the hills.[129]
Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras. 173, 191, 220:
"173. The witness testified that she saw "everything" because she was covered with dead bodies.[291] The witness explained that when the assailants came to load the dead bodies in vehicles, they noticed that she was not yet dead; they struck her head with a hammer and undressed her.[292] Later, they threw her in a pit full of dead bodies, from which she subsequently escaped.[293]"
"[291] T. 7 March 2001 p. 85.
[292] T. 7 March 2001 p. 85.
[293] T. 7 March 2001 p. 85."
"191. Defence Witness TDB […] explained that he saw gendarmes, policemen, people in "combat" gear, and about 100 dead bodies, including those of two gendarmes.[371]"
"220. […] The attack continued until about 5 p.m. and the assailants killed many people so that "the whole hill was full of corpses."[421] […]"
"623. Witness SS testified that one day in June 1994, towards dawn, he went to hide in bushes near Mubuga School after having slept at the school premises. Later, before 10.30 a.m., he saw between 20 and 60 attackers approach the school on foot. He did not see any vehicles and did not know how the attackers had arrived. According to the witness, Gérard Ntakirutimana was in front of the attackers and carried a weapon, which he described as a "long gun". He saw the Accused shoot at Tutsi refugees within the school from the door of the classroom, and at some others trying to flee through the school windows. The witness then saw him pursue refugees who were trying to flee from the school. After the attackers’ departure, Witness SS returned to find "many dead bodies, stacked one on top of the other" both inside and outside the school buildings. [963]"
"Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras. 414, 456, 486:
"414. Witness R stated that he stayed hidden until the departure of the attackers, including Musema, at which point he went to Muyira hill to find the bodies of his family. He found the cadavers of his wife, child, mother and older brothers, amongst the many bodies which covered Muyira hill. All the dead were Tutsis and all were civilians."
"456. […] The witness added that the hills were strewn with bodies of those who had died the day before."
"486. […] Once the attackers had left, said the witness, she went with others to the entrance of the cave where she saw many bodies. She then fled."
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, para. 181:
"181. […] On the way to the hospital he saw Interahamwe who were armed and bodies of people who had just been killed. He also saw two roadblocks, manned by soldiers and Interahamwe, with dead bodies lying nearby. He avoided these roadblocks for fear of being killed. At the hospital, Witness M saw many refugees and many dead bodies, three of which he recognized as Minister Zamubarumbao Fredrick and his daughter, and councillor Ngango Felistian. […]"
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 335 – 336, 356, 381, 389:
"335 […] Witnesses A, B, C, D and F saw substantial numbers of dead bodies after the attack. Witness O, a local Hutu who had recorded this massacre as an entry in his personal diary, testified that he had participated in burying the dead bodies. Witness E testified that one week after the massacre at the Church, he saw prisoners come to collect bodies for burial. They spent five days burying the dead. Witness G, a Hutu, who had assisted in burying the dead, testified that at the Catholic Church, there were bodies along the road from the Prefecture, in front of the main door to the Church, inside the Church, in front of the Father’s residence and also inside the Priests’ house. […]
336. […] Witness G saw around 200 to 300 Tutsi corpses scattered in front, behind, in the cellar, on upper floors and around the Home St. Jean buildings. […]"
"356. […] Witness G, a local Hutu, who helped to bury bodies found in and near the Stadium, stated that dead bodies covered the entire ground of the Stadium and that bodies were buried using machinery over five days. […]"
"381. The allegation that this appalling event occurred at Mubuga Church is not in dispute. In fact, an assortment of witnesses, including various eyewitnesses, Sister Julie Ann Farrington, Defence witness DP, and Kayishema, confirmed that after the massacre, corpses and/or human remains were found inside and/or in the immediate vicinity of Mubuga Church. Witnesses who visited this site shortly after the massacre remarked that the decomposing bodies caused a strong stench in the area. […]"
"389. […] After most people in the Church had been killed, witness OO, who hid under the corpses of fallen Tutsis, stated that he heard the Prefect telling the local authorities "to come and collect the Caterpillar [bulldozer] to bury the dead."219
[B. Evidentiary comment:]
P.10.2. Evidence of exhumed bodies identified by eyewitnesses.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, para. 295:
"295. In September 1995, the witness found a mass grave next to the road in Cerska Valley1057 which suggests that men were shot in the valley and just covered with soil on the spot."
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003,paras. 212, 263, 274:
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor."
"435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sebire, T. 7361; see also Witness B, T. 2246."
"263. Witness I testified that she was involved in a volunteer organisation and assisted in exhumations. She identified 22 people who were killed in Biscani on 20 July 1992.641"
"274 […] Karagic informed the Trial Chamber that a year and a half later he returned to the site in order to identify some of the bodies that had been exhumed. He was able to identify his father’s body and a DNA test later confirmed that identification.664"
[B. Evidentiary comment:]
P.10.3. Evidence of exhumed bodies examined by forensic experts.
A. Legal source/authority and evidence:
Prosecutor v. Mile Mrkšić et al., Case No. IT-95-13/1-T, Judgement (TC), 27 September 2007, paras. 492-498:
"492. The exhumation of the mass grave began on 31 August 1996.1779 Bodies were retrieved from the site and transported to Zagreb where full post mortem examinations was conducted. The exhumation and the autopsies were conducted by international and domestic experts. Representatives of the Croatian and the Yugoslav government were present during the exhumation and the autopsies. The exhumation was conducted under the authority of this Tribunal. Other international organisations, including ECMM, OSCE, and the International Commission for Missing People also participated in the exhumation.
493. Once the bodies were exhumed, they were transferred to the Institute of Forensic Medicine in Zagreb. International forensic experts carried out the autopsies of the bodies under the monitoring of Dr Davor Strinovic, Deputy Head of the Institute of Forensic Medicine in Croatia and a member of the Republic of Croatia Government Commission for Detainees and Missing Persons ("Commission for Missing Persons"). The primary task of the international experts was to determine the cause of death in each case. They carried out the autopsies according to applicable Croatian requirements and in accordance with international standards and described all their findings, including findings that may not have been linked directly to the cause of death but may have had relevance to the process of identification. Exhibit 458, tendered through Dr Strinovic, is a table prepared by the international forensic experts providing a summary of the findings of their examinations of the bodies exhumed at the Ovcara mass grave. The chart includes findings on cause and manner of death. Exhibit 462 contains the autopsy reports.
494. The remains of 200 human bodies were exhumed from this mass grave at Ovcara. There were 198 males and two females. The age range of those exhumed was between 16 and 72. The cause of death was established in 195 cases. 188 individuals died of gunshot wounds or multiple gunshot wounds. For the seven other persons the cause of death was trauma. It was established during the post mortem examinations that 86 individuals had also suffered from wounds or injuries caused before death. For the remaining 114 persons the autopsy reports contained no entries indicating that these persons had visible signs of trauma or injuries caused before death. The Chamber accepts in accordance with this evidence that at least 200 persons had been buried in the mass grave, that 195 of these persons died from trauma, including 188 from gunshot wounds, and that 86 of these persons also suffered bodily injuries caused before death. The Chamber’s finds from the evidence that the 200 persons had been killed at the mass grave site on 20/21 November 1991. The death of more persons than the 200 mentioned above at Ovcara on 20/21 November 1991 is not precluded by these findings, although, apart from a few specific cases identified later in this judgement, this is not established by the evidence in this case.
495. The cause of death could not be established by autopsy in the case of five of the 200 bodies buried in the mass grave. The Chamber accepts Dr Strinovic’s evidence that in cases where gunshots have not damaged the bones but only soft tissue of a body, such as the heart, an autopsy performed several years after the death will not reveal the cause of death as the soft tissue will have decomposed. Given the surrounding circumstances, as found by the Chamber from all the evidence, the presence of 200 bodies in the one grave, of whom it is demonstrated by autopsy findings that 195 died from trauma including 188 from gunshot wounds, the Chamber finds by inference that all 200 persons buried in the grave died on 20/21 November 1991 at Ovcara from trauma caused by physical violence, in almost all cases from one or more gunshot wounds, and further, in the case of each of the five persons whose cause of death could not be determined by autopsy examination, that the trauma causing death was most probably gunshot wound to the soft tissue of the body.
496. After the autopsies were completed, the process of identification began. In 1997, the Commission for Missing Persons took custody of the bodies exhumed at the Ov~ara mass grave in order to carry out this task. Two methods of identification were used: the classical method and the DNA method. Classical identification was conducted by gathering of identifying elements through autopsy and ante mortem material, including clothing, any items found on a body including jewellery, documents, and keys, as well as the teeth and skin in appropriate cases. The skin of each body was examined for identifying elements including any scars from previous surgery, injuries, old injuries, scar tissue, and tattoos. Ante mortem information was gathered from the families of the victims and then compared with elements found in the course of the autopsy. 1795 Of the 200 bodies exhumed at Ovcara, 192 were identified, 93 by the classical method and 99 by DNA. Of those identified almost all were of Croatian ethnicity. Even where an identification had been established by these means the identification was not accepted as final unless confirmed by the family of the victim. Each body remained classified as unidentified until final confirmation was obtained.
497. The Annex to the Indictment lists the names of 264 individuals who are alleged to have been taken from the Vukovar hospital and murdered near Ovcara during the evening hours of 20/21 November 1991. Of these 264 named individuals, the bodies of 190 have been identified as described and were among those exhumed from the mass grave at Ovcara. Other evidence further established that another 16 of those listed in the Annex to the Indictment were found in other graves and were subsequently identified. 13 of those 16 were exhumed from the New Cemetery in Vukovar, one person from the Lovas mass grave,1800 and the mortal remains of another two of those listed in the Annex were received from the authorities of Serbia and Montenegro (from Sremska Mitrovica in 1997 and from Belgrade in 1995, respectively). The bodies of 58 persons listed in the Annex to the Indictment have not been found and they remain reported as missing. No evidence was led during the trial concerning the cause of death of the 16 persons listed in the Annex to the Indictment but whose remains were found elsewhere than at Ovcara, so that the evidence does not establish that these persons were murdered or when they died.
498. Of those 190 persons listed in the Annex to the Indictment whose bodies have been identified and were exhumed from the mass grave at Ovcara, in 184 cases the cause of death was shown by autopsy to have been gunshot wound or multiple gunshot wounds. The cause of death of two more of these persons was trauma. The cause of death of the remaining four persons was not able to be determined by autopsy but, in accordance with the finding of the Chamber noted a little earlier in this Judgement, in each case the cause of death was trauma, occurring on 20/21 November 1991 at Ovcara, the trauma being most probably a gunshot wound to the soft tissue of the body."
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 295, 312 – 314, 336, 346, 354, 356, 362:
"295. […] There is forensic evidence from the exhumation of the human remains in Cerska Valley, which establishes that the grave contained at least 150 male individuals, of whom 147 were dressed in civilian clothes. The cause of death of 149 men was gunshot wounds.1058 Many of the victims wrists had been bound behind their backs with wire bindings.1059 Investigation into the cartridges discovered at the grave site revealed that the cartridges found in the grave itself matched with those found along the road at the gravesite, indicating that the victims in the grave were shot at the gravesite.1060 The bodies of the victims were located in an incline along the roadside. The bodies had been covered by transferring earth removed from the roadside opposite to the burial site, using earthmoving equipment.1061"
"1058 Ex. P740 (Report on the Examination of Human Remains from Eastern Bosnia in 2000 by Jose Baraybar), p. 5. According to Ex. P740, 24 victims were aged between 13 and 24 years, while 126 victims were older than 24 years. Id. Ex. P751, Expert Report of William Haglund, forensic investigation of the Cerska grave site (Report of William Haglund, 15 June 1998), p. vii-ix. According to Ex. P751 there was also evidence of affiliation with the Muslim religion found on nine individuals. A quarter of the witnesses were ligatured. Id. See also William
Haglund, KT. 3733.
1059 Ex. P751, Report of William Haglund, 15 June 1998, p. 28.
1060 Ex. P751, Report of William Haglund, 15 June 1998, p. 10.
1061 Ex. P751, Report of William Haglund, 15 June 1998, p. 28."
"312. Forensic evidence corroborates the survivors account of mass executions at the Kravica Warehouse. It shows that two primary graves in Glogova1132 contained the bodies of victims that had been injured as a result of an explosive blast in the form of grenades and shrapnel.1133 Investigations into debris found in the grave led to the conclusion that these victims had been killed at the Kravica Warehouse.1134 Documents containing the names of men listed as missing by the ICRC were found in one of the graves.1135 Using aerial imagery, forensic expert Richard Wright determined that the graves at Glogova had been disturbed and excavated somewhere between 27 July and 30 October 1995.1136 A total of 191 bodies were found in several graves named Glogova 1, of which at least 172 victims appeared to have been killed in the Kravica Warehouse.1137 The Glogova 2 grave site contained at least 110 bodies showed sings of charring, as did some of the clothing that was found.1138 The forensic anthropologist John Clark determined that all 126 victims of the Glogova 2 had been male and that the men were relatively young, with 67% of the victims younger then 50 and 32% younger then 25 years old.1139 At least 98 victims from the Glogova 2 grave site died as a result of gunshot wounds.1140
313. Aerial imagery of the area around Glogova shows that sometime between 17 and 27 July the surface in a location, later identified as Glogova L, which is part of the Glogova 1 grave, was disturbed.1141 Richard Wright headed the forensic investigation into the Glogova grave site in the year 2000.1142 The forensic investigators found the bodies of 12 men in grave Glogova L.1143 Evidence gathered at the scene shows that these 12 men have been shot in that location and were not victims of the Kravica Warehouse killings.1144 The victims in Glogova L had been tied together in pairs and were shot.1145
314. The graves at the Glogova site contained a total of 317 individuals executed in the Kravica Warehouse.1146 Evidence was found that bodies from the Glogova burial site were moved to Zeleni Jadar.1147"
"1132 These graves were named Glogova 1 and Glogova 2. Both mass graves consisted of several smaller graves, Ex. P773, Report of Richard Wright, 2001, pp 5, 15, 19; Ex. P741, Report by Jose Baraybar on Glogova 2, p. 6.
1133 Ex. P773, Report by Richard Wright, 2001, p. 16; Ex. P739, Report by Jose Baraybar, p. 33; Ex. P741, Report by Jose Baraybar, p. 20; Ex. P553, Report by Dean Manning, 2001, p. 3, stating that of the 191 individuals that were found at Glogova 1 grave site, 48 had died as a result of blast injury, while 119 had died of gun shot injuries, one died as a result of blunt force trauma and 8 died as a result of both blast injuries and gun shot injuries. The cause of death for the remainder of the victims could not be determined.
1134 Ex. P773, Report by Richard Wright, 2001, p. 17. Among the debris found were pieces of concrete painted in the same color as the Kravica Warehouse, pieces of a metal door frame and metal panels for covering a door. For a comparison of this debris with the Kravica Warehouse, see Ex. P561, Report by Michael J. Hedley, pp 19-20. Hedley concluded that there exists substantial evidence that the men who were killed in the Kravica Warehouse in July 1995 were among the same men whose remains were recovered at the Glogova 1 grave.
1135 Ex. P739, Report by Jose Baraybar, p. 35.
1136 Ex. P773, Report by Richard Wright, 2001, pp 19-21.
1137 Ex. P773, Report by Richard Wright, 2001, p. l5-16. Twelve victims who had been tied together in pairs were found in a separate grave. See also Ex. P746, Report of John Clark, 1999, pp 20-24. Ex. P746 reflects that at
least 147 of the individuals buried in Glogova 1 had been executed at the Kravica Warehouse; See also Ex. P555, Map indicating Srebrenica mass graves, primary and secondary graves.
1138 Ex. P741, Report by Jose Baraybar, p. 4.
1139 Ex. P748, Report by John Clark, 2003, p. 19.
1140 Ex. P748, Report by John Clark, 2003, p. 20.
1141 Ex. P11.3, aerial photograph of the Glogova area, 17 July 1995; Ex. P773, Richard Wright report, 2001, pp 20-21.
1142 Ex. P773, Report by Richard Wright, 2001, p. 3.
1143 Ex. P773, Report by Richard Wright, 2001 p. 15.
1144 Ex. P773, Report by Richard Wright, 2001, p. 15. The victims found in the other graves showed signs of being exposed to explosive devices in the form of grenades and shrapnel. The victims found in Glogova L did not show signs of blast injury. See also Ex. P561, Report by Michael Hedley, p. 18, stating that there were no traces in Glogova L associated with the Kravica Warehouse.
1145 Ex. P.773, Report by Richard Wright, 2001, p. 16; Ex. P747, Report by John Clark, pp 21-22.
1146 Ex. P748, Report of John Clark, 2001, p. 22. Ex. P748 reflects that most of the individuals were male; that 69% died from gunshot injuries and 14% from blast injuries; See also Ex. P555, Map indicating Srebrenica mass graves, primary and secondary graves
1147 Ex. P739, Report by Jose Baraybar, p. 6. This was established through pollen analysis; Ex. P741, Report by Jose Baraybar on Glogova 2, p. 18, 20, indicating that the graves at Glogova 2 had been "robbed" and the remains were moved to Zeleni Jadar. "
"336. The witness testimonies are corroborated by forensic evidence of two primary graves at Lažete, next to Orahovac, and secondary graves along the Hodžici Road. The investigation of the geographic composition of the surrounding area showed that bodies in graves at Hodžici Road came from the primary grave site at Lažete.1240 During the exhumations 294 individuals were recovered from the primary mass graves, who were all wearing civilian clothes and most of whom were blindfolded and died through gunshots.1241 All individuals were male with ages ranging from 13 to 85.1242 Evidence of affiliation with the Muslim religion was found on 12 individuals.1243 The secondary graves at Hodžici Road contained 178 bodies, of which all were wearing civilian clothes and the majority was male.1244 Most of them had blindfolds and died from gunshots.1245"
"1240 Ex. P740, Report by Jose Baraybar, pp 8, 10; Ex. P771, Report by Richard Wright, 1999, pp 22, 23.
1241 Ex. P752, Report of William Haglund, forensic investigation of the Lažete 2 grave site, p. ix-x; Ex P747, ICTY operations in Bosnia-Herzegovina 2000 season, report of chief pathologist John Clark, Srebrenica graves, p.7-
13; Ex. P769, Fredy Peccerelli, excavation and exhumation report on Lažete 1, Bosnia-Herzegovina , pp 2, 3.
1242 Ex. P747, ICTY operations in Bosnia-Herzegovina 2000 season, report of chief pathologist John Clark, Srebrenica graves, p. 16; Ex. P752, Report of William Haglund, forensic investigation of the Lažete 2 grave site, p. x.
1243 Ex. P752, Report of William Haglund, forensic investigation of the Lažete 2 grave site, p. ix-x.
1244 Ex. P771 (Report by Richard Wright, 1999, pp 27, 32; Ex. P738 (Report by Jose Baraybar, p. 11; Ex. P740 (Report by Jose Baraybar, pp 8-11).
1245 Ex. P762 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodžići Road site 3, October 1998), p. 2-3; Ex. P763 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodžići Road site 4, October 1998), p. 2-3; Ex. P764 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodžići Road site 5, October 1998), p.2-3. Ex. P555."
"346. There is forensic evidence of a grave site at Petkovci Dam where at least 46 individuals were found. Most of the individuals died from gunshots and all of the bodies of which sex could be determined were male.1279 Approximately 14 kilometres from the Dam, a secondary grave was discovered, which contained bodies that were first buried at the Dam.1280 According to one report there were 192 bodies, all dressed in civilian clothes.1281 Another forensic expert, Jose Baraybar, calculated the minimum number of individuals found in the secondary grave to have been 219 victims.1282 Of those victims, one was determined to have been between 8 and 12 years old, 38 were determined to have been between 13 and 24 years old and 180 were determined to have been older than 25 years old.1283"
"1279 Some ligatures and a blindfold were also found. Ex. P759 (Expert Report of Christopher Lawrence on autopsies of human remains from the Dam site, June 1998, p. 2-3.
1280 Ex. P771, Report by Richard Wright,1999, pp 20, 25. The site of the secondary grave is called Liplje 2. See also Ex. P766 (Expert Report of Christopher Lawrence on autopsies of human remains from Liplje site 2, October 1998, p. 2-3. Ex P555.
1281 Ex. P771, Report by Richard Wright, 1999, pp. 27, 32.
1282 Ex. P738, Report by Jose Baraybar, p. 4; Ex. P740, Report by Jose Baraybar, p. 5.
1283 Ex. P738, Report by Jose Baraybar, p. 12."
"354. There is forensic evidence that at least 132 male individuals, all wearing civilian clothes, were buried in a large cultivated field approximately 130 metres north from Branjevo Military Farm. Ligatures were recovered from 82 individuals and evidence of affiliation with the Muslim religion was found on five individuals.1326 In a secondary grave along the Cancari road, the remains of people initially buried at the Branjevo Farm were discovered.1327 According to one report 177 victims were found in the grave along the Cancari Road who all wore civilian clothes.1328 Another forensic expert calculated that the minimum number of individuals found in the secondary grave was 283 victims.1329 Of those victims, three were determined to have been between 8 and 12 years old, 49 were determined to have been between 13 and 24 years old and 231 were determined to have been older then 24.1330 At least 269 victims were male.1331"
"1326 Ex. P754 (Expert Report of William Haglund, forensic investigation of the Pilica (Branjevo Farm) grave site).
1327 Ex. P771, Report by Richard Wright, 1999, p. 20-21. This gravesite is called Čančari Road 12.
1328 Ex. P.771, Report by Richard Wright, 1999, pp 27, 32.
1329 Ex. P738, Report by Jose Baraybar, p. 4.
1330 Ex. P740, Report by Jose Baraybar, p. 5.
1331 Ex. P738, Report by Jose Baraybar, p.11."
"356. There is forensic evidence that corroborates the killings. A DNA analysis of blood and tissue samples collected at the Pilica Cultural Centre identified the samples as being of human origin.1338 […]"
"362. Forensic investigators discovered two secondary graves along the Cancari Road, which contained broken bottles and unused labels with the name of a bottling factory in Kozluk.1357 Further investigation confirmed that the bodies in the graves along the Cancari Road came from the primary graves in Kozluk.1358 When investigating the area surrounding the bottling factory in Kozluk, the forensic investigators found evidence of three primary graves, which still contained human remains and clothes.1359 The victims in the primary graves had been executed at that location.1360 All victims that were found in the primary and secondary graves wore civilian clothing.1361 Forensic experts have calculated that the minimum number of individuals related to the executions in Kozluk is between 451 and 506 persons,1362 Of whom two were determined to have been between 8 and 12 years old, 47 were determined to have been between 13 and 24 years old and 457 were determined to have been older then 24 years.1363 One victim was found still clutching a piece of shrubbery. Subsequent investigation of plant specimens found in the graves proved that the executions of the victims occurred around the middle of July.1364"
"1357 Ex. P771, Report by Richard Wright, 1999, p. 21. This gravesite is called Čančari Road 03.
1358 Ex. P771, Report by Richard Wright, 1999, p. 21; Ex. P743 (Expert Report of Anthony G. Brown), p. 10.
1359 Ex. P772, Report by Richard Wright, 2000, p. 10. Kozluk 1 contained three bodies that appeared to have been left behind after Kozluk 2 had been excavated.
1360 Ex. P772, Report by Richard Wright, 2000, p. 10-11. The positioning of the bodies and the location of the bullets showed that this was an execution site. See also Ex. P746 (ICTY operations in Bosnia-Herzegovina 1999 season, report of chief pathologist John Clark, Srebrenica graves), p. 6-12, saying that most of the victims died from gunshots and many of them had blindfolds and ligatures.
1361 Ex. P771, Report by Richard Wright, 2000, pp. 27, 32
1362 Ex. P772, Report by Richard Wright, 2000, pp. 12-13.
1363 Ex. P738, Report by Jose Baraybar, p. 12; Ex. P740, Report by Jose Baraybar, p. 5.
1364 Ex. P772, Report by Richard Wright, 2000, p. 14; Ex. P738, Report by Jose Baraybar, p. 4. "
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003,paras. 210, 212:
"210. […] During the exhumation in Jama Lisac, 56 bodies were found. Most of them died from gunshot injuries. DNA analysis allowed the investigators to identify the bodies of Sureta Medunjanin, the wife of Becir Medunjanin, and Ekrem Alic and Smail Alic, who were both last seen in Omarska.429"
"212. The corpses of some of those taken away on the buses were later found in Hrastova Glavica and identified.435 A large number of bodies, 126,436 were found in this area, which is about 30 kilometres away from Prijedor. In 121 of the cases , the forensic experts determined that the cause of death was gunshot wounds.437"
435. Witness E, 92 bis transcript in Sikirica, T. 2527.
436. Nicolas Sebire, T. 7361; see also Witness B, T. 2246.
437. Nicolas Sebire, T. 7361-62.
Prosecutor v. Radislav Krstić, Case No. IT-98-33-T, Judgement (TC), 2 August 2001, paras. 71 – 79:
71. The extensive forensic evidence presented by the Prosecution strongly corroborates important aspects of the testimony of survivors from the various execution sites. Commencing in 1996, the Office of the Prosecutor (hereafter "OTP") conducted exhumations of 21 gravesites associated with the take-over of Srebrenica: four in 1996 (at Cerska, Nova Kasaba, Orahovac (also known as Lazete 2) and Branjevo Military Farm (Pilica)); eight in 1998 (Petkovci Dam, Cancari Road 12, Cancari Road 3, Hodzici Road 3, Hodzici Road 4, Hodzici Road 5, Lipje 2, Zeleni Jadar 5); five in 1999 ( Kozluk, Nova Kasaba, Konjevic Polje 1, Konjevic Polje 2, and Glogova 2); 134 and four in 2000 (Lazete 1, Lazete 2C,135 Ravnice and Glogova 1). Of the 21 gravesites exhumed, 14 were primary gravesites , where bodies had been put directly after the individuals were killed. Of these , eight were subsequently disturbed and bodies were removed and reburied elsewhere , often in secondary gravesites located in more remote regions.136 Seven of the exhumed gravesites were secondary burial sites.137 The OTP retained ballistics, soil analysis and materials analysis, experts to comparatively examine materials and residues found in the primary and secondary gravesites.138 As a result of these analyses, links were discovered between certain primary gravesites and certain secondary gravesites and these are considered in further detail below.
72. The Prosecution called eight witnesses to give evidence before the Trial Chamber about the exhumations and the resulting forensic findings.139 In addition, the Trial Chamber received volumes of written reports prepared by the experts who conducted the OTP investigations. In response, the Defence filed two reports by a forensic expert, Dr. Zoran Stankovic.140
73. The forensic evidence supports the Prosecution’s claim that, following the take-over of Srebrenica, thousands of Bosnian Muslim men were summarily executed and consigned to mass graves. Although forensic experts were not able to conclude with certainty how many bodies were in the mass-graves, due to the level of decomposition that had occurred and the fact that many bodies were mutilated in the process of being moved from primary to secondary graves by mechanical equipment, the experts were able to conservatively estimate that a minimum of 2,028 separate bodies were exhumed from the mass-graves.141
74. Identity documents and belongings, found in most of the exhumed graves, suggest that the victims were linked with Srebrenica. Among the items found were license cards and other papers with references to Srebrenica.142 In some cases, investigators were able to positively identify bodies in the graves as former Srebrenica residents on the basis of distinctive personal items found with the bodies such as jewellery,143 artificial limbs144 and photographs .145 Other artefacts found at the majority of the gravesites, such as verses from the Koran, suggest the presence of victims with Muslim religious affiliation.146 It is also of note that the sex distribution of the persons listed as missing from Srebrenica, on the International Committee of the Red Cross (ICRC) list (cross-referenced with other sources), correlates with the sex distribution of the bodies exhumed from the graves.147 Professor Helge Brunborg, a Prosecution demographics expert, testified that the overwhelming majority of people registered as missing from Srebrenica are men.148 The forensic examinations of the gravesites associated with Srebrenica reveal that only one of the 1,843 bodies for which sex could be determined was female.149 Similarly, there is a correlation between the age distribution of persons listed as missing and the bodies exhumed from the Srebrenica graves: 26.4 percent of persons listed as missing were between 13-24 years and 17.5 percent of bodies exhumed fell within this age group; 73.6 percent of persons listed as missing were over 25 years of age and 82.8 percent of bodies exhumed fell within this age group.150
75. The results of the forensic investigations suggest that the majority of bodies exhumed were not killed in combat; they were killed in mass executions. Investigators discovered at least 448 blindfolds on or with the bodies uncovered during the exhumations at ten separate sites.151 At least 423 ligatures were located during exhumations at 13 separate sites.152 Some of the ligatures were made of cloth and string, but predominately they were made of wire.153 These ligatures and blindfolds are inconsistent with combat casualties. The Prosecution also relied on forensic evidence that the overwhelming majority of victims located in the graves , for who a cause of death could be determined, were killed by gunshot wounds.154 The exhumations also revealed that some of the victims were severely handicapped and, for that reason, unlikely to have been combatants.155
76. Upon reviewing the Prosecution’s forensic evidence, the Defence forensic expert, Dr. Zoran Stankovic, argued that "some mass graves originated from the bodies of the persons who lost their lives in mutual armed conflicts of the warring sides , and that in some graves, where the cases of sure execution were registered, there were also…bodies killed in combat…".156 He particularly criticised the methodology employed during some of the Prosecution’s forensic investigations into cause of death.157 Certainly, at those sites where no blindfolds or ligatures were found during exhumations , the evidence that the victims were not killed in combat was less compelling.158 Significantly, some of the gravesites located in the Nova Kasaba and Konjevic Polje area, where intense fighting took place between the Bosnian Serb and Bosnian Muslim forces, on 12 and 13 July 1995, were amongst those where very few blindfolds and ligatures were uncovered.159 The Defence expert, Dr. Stankovic did not however, fundamentally challenge the substantive findings of the Prosecution experts and accepted that the exhumations were conducted by experts with "substantial professional experience and adequate technical, scientific and moral integrity."160
77. The Trial Chamber cannot rule out the possibility that a percentage of the bodies in the gravesites examined may have been of men killed in combat. Overall , however, the forensic evidence presented by the Prosecution is consistent with the testimony of witnesses who appeared before the Trial Chamber and recounted the mass execution of thousands of Bosnian Muslim men at Cerska Valley, Kravica Warehouse , Orahovac, Branjevo Farm, Petkovci Dam and Kozluk.161
78. Most significantly, the forensic evidence presented by the Prosecution also demonstrates that, during a period of several weeks in September and early October 1995, Bosnian Serb forces dug up many of the primary mass gravesites and reburied the bodies in still more remote locations.162 Forensic tests have linked certain primary gravesites and certain secondary gravesites , namely: Branjevo Military Farm and Cancari Road 12; Petkovci Dam and Liplje 2; Orahovac (Lazete 2) and Hodzici Road 5; Orahovac (Lazete 1) and Hodzici Road 3 and 4; Glogova and Zeleni Jadar 5; and Kozluk and Cancari Road 3.163 The reburial evidence demonstrates a concerted campaign to conceal the bodies of the men in these primary gravesites, which was undoubtedly prompted by increasing international scrutiny of the events following the take-over of Srebrenica. Such extreme measures would not have been necessary had the majority of the bodies in these primary graves been combat victims. The Trial Chamber also notes that General Krstic himself did not contest the exhumation evidence presented by the Prosecution about the existence of the mass graves containing the bodies of "victims of Srebrenica ".164
79. Overall the Trial Chamber finds that the forensic evidence presented by the Prosecution provides corroboration of survivor testimony that, following the take -over of Srebrenica in July 1995, thousands of Bosnian Muslim men from Srebrenica were killed in careful and methodical mass executions."
"134 See P 140 D. Manning, Srebvenica Investigation: Summary of Forensic Evidence-Execution Points and Mass Graves, 16 May 2000 (hereafter "Manning Report") p. 00950906
135 This gravesite is part of the Lazete 2 site exhumed in 1996, but is treated as a separate site for present purposes.
136 Manning Report, p. 00950925 and D. Manning, Srebrenica Investigation: Summary of Forensic Evidence-Mass Graves Exhumed in 2000, February 2001(hereafter "Additional Manning Report") p 7601. The Additional Manning
Report was filed as part of the "Motion to Reopen the Prosecutor’s Case for the Limited Purpose of Introducing Four Expert Reports and a Summary Report of Fresh Exhumations Evidence" dated 15 March 2001. The Trial Chamber issued an oral order that these four expert’s reports be admitted into evidence on 4 April 2001. See T. 9423. The Report was subsequently tendered as P 897.
137 Additional Manning Report, p. 7601.
138 See P 144 (Laboratory Report on Automated Ballistic Comparison, prepared by United States Bureau of Alcohol, Tobacco and Firearms, Forensic Science Laboratory, 24 February 2000); P 179 (Statement of Antony G. Brown, Palynologist 6 January 1998); P 180 (Statement of Antony G Brown, Palynologist 26 February 1999); P 143 (Report on Textile Investigation, prepared by Ing. S.E. Maljaars, Ministy of Justice, Netherlands Forensic Institute, 11 February 2000). See also Mr. Dean Manning (hereafter "Manning"), T. 3593.
139 Professor Jose Baraybar (hereafter "Baraybar") T. 3781-3895; Professor Helge Brunborg, (hereafter "Brunborg") T. 4036-4100; Dr. John Clark, (hereafter "Clark") T. 3896-3972; Professor William Haglund, (hereafter "Haglund") T. 3723-3780; Dr. Christopher Lawrence, (hereafter "Lawrence") T. 3974-4034 ; Manning, T. 3542-3626, 4141-4150; Mr. Jean-Rene Ruez, (hereafter "Ruez") T. 3465-3541; and Professor Richard Wright, (hereafter "Wright"), T. 3632-3721.
140 D 172 (Forensic Opinion dated 17 October 2000, by Doc. Dr. sc. Med. Zoran Stanković, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA (hereafter " Stanković Report") and D 172 (Forensic Opinion dated 18 April 2001 by Doc. Dr. sc. Med. Zoran Stanković, Specialist in Forensic Medicine, permanent Expert for the area of Forensic Medicine pursuant to Ruling No. 740/0373/98 of the Ministry of Justice of Serbia, Institute of Forensic Medicine-VMA, (hereafter "Additional Stanković Report").
141 Additional Manning Report p. 7614.
142 Manning, T. 3579-3580, 3588-3592. Identification items uncovered during the exhumations conducted in 2000 further revealed the presence of individuals listed as missing by the ICRC list cross-referenced with other sources. See
Additional Manning Report, p. 7600-7597.
143 P 132/95, and P 132/95A. See also Manning T. 3580-3582.
144 P 132/93, and P 132/93A. See also Manning, T. 3583-3584.
145 P 132/1, and P 132/18. See also Manning, T. 3589-3590, and 3592.
146 P 132/110. See also Manning, T. 3588-3589. Artefacts demonstrating Muslim religious affiliation were also identified in three of the gravesites exhumed in 2000. Additional Manning Report pp. 7600-7597.
147 Brunborg, T. 4071.
148 Brunborg, T. 4070.
149 Baraybar, T. 3811-3812. Additional Manning Report, p. 7613.
150 P 276 (H. Brunborg and H. Urdal, The Report on the Number of Missing and Dead from Srebrenica), p. 00926384, Figure 3. This figure only includes exhumations conducted up to the year 2000.
151 The sites were: the primary grave at Branjevo Military Farm and the related secondary grave of Cancari Road 12; the primary grave at Orahovac (known as Lazete 2), and the three connected secondary graves at Hodžići Road 3, Hod žići
Road 4 and Hod žići Road 5 ; and the Kozluk grave and the associated secondary grave at Cancari Road 3. Manning
T.3569-3570. In addition, during the exhumations conducted in 2000, blindfolds were found at Lazete 2C and Lazete 1.
Additional Manning Report, p. 7601.
152 The sites were: the primary grave at Cerska; the primary grave of Nova Kasaba exhumed in 1996; the primary grave
of Orahovac (Lazete 2) and its related secondary site of Hod žići Road 5; the primary grave of Branjevo Military Farm, and the related secondary grave at Cancari Road 12; the primary site of Petkovci Dam and its related site of Liplje 2; the primary grave of Kozluk and its associated secondary grave of Can~ari Road 3 and the secondary site of Zeleni Jadar 5. Manning, T. 3579-3576. In addition, during the exhumations conducted in 2000, ligatures were found at Lazete 2 C,
and Glogova 1. Additional Manning Report, p 7601.
153 Manning, T. 3576.
154 Manning, T. 3565. The results of the additional exhumations conducted in 2000 continued to reflect this pattern.
See Additional Manning Report.
155 See e.g. P 219 (an individual with a prosthetic leg and his hands tied behind his back). See generally, Lawrence, T.3987-3989; and Clark, T. 3912-3913, 3939-3940.
156 Stanković Report, p 13. See also Additional Stanković Report, p 8174.
157 Stanković Report, p 10-11.
158 Clark, T. 3958.
159 Manning Report, T. p. 00950924. See also the Additional Manning Report p. 7606 (regarding the Ravnice primary grave, which is also located close to the Konjevic Polje to Bratunac Road, and in which no ligatures or blindfolds were uncovered. In addition, this is an undisturbed primary gravesite, which further suggests that the victims may have been combat casualties. See the discussion Infra para. 78).
160 Stanković Report, at p. 11.
161 The statistics relating to the forensic examinations conducted at these individual gravesites will be considered more closely in the Part IIB.
162 Ruez, T. 3534.
163 Manning, T. 3614-3615 and see also Additional Manning Report p. 7601.
164 Krstic, T. 6489. "
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 325 – 326, 381, 411, 432:
"325. Expert witnesses Dr. Haglund, a Forensic Anthropologist, and Dr. Peerwani a Pathologist, testified regarding the victims of the massacre. Both experts examined cadavers of thousands of people and described how they had been killed. Dr. Haglund testified that he had examined the large mass grave near the Catholic Church along with four additional areas that also contained human remains. Dr. Peerwani examined 122 cadavers during January and February 1996. Now part of the evidence, identification cards found on the victims indicated that they were all Tutsi.
326. Dr. Haglund’s written report confirms that many people, men, women and children were killed at the Complex. Of the 493 dead examined by Dr. Haglund, only found one gunshot injury. He estimated that 36% of people in the grave had died from force trauma whereas 33% of the people died from an undetermined cause. Dr. Haglund selected an individual as an example who he identified as a fifty year old man. The man’s fibula had been completely severed by some sharp object, [61] which "would have severed the achilles" tendon rendering this individual partially crippled. [62] On the neck region "all the soft tissue from the right side of the neck towards the back would have been cut through" [63] and "a sharp cut mark in the tibia body, and in the inferior border of the scapular shoulder blade, another trauma caused by a blow of a sharp object."[64] Dr. Haglund concluded that the fifty-year old man was trying to protect himself by presenting different body aspects to the armed assailant. Dr. Peerwani found stab wounds indicating the use of sharp force instruments and confirmed that many of the victims were young children and the old."
"[61] Trans., 26 Nov. 1997, p. 29
[62] Trans., 26 Nov. 1997, p. 30
[63] Trans., 26 Nov. 1997, p. 32
[64] Trans., 26 Nov. 1997, p. 33"
"381. […] In addition, Dr. Haglund, testified that he went to the Church grounds on 20 September 1995 to investigate two alleged graves sites there. He deposed that one grave had been exhumed previously and the bodies had been reburied nearby. In the second area he found a depression in the ground and there were indications that this area had been disturbed. Upon an attempt to probe the second mass grave he found that the ground was too hard and therefore he did not conduct further investigations there. […]"
"411. […] Dr. Haglund observed the aftermath of the massacres in September 1995 at various sites at Bisesero. Testifying about his visit to a hill on the border of Gishyita and Gisovu Commune, Dr. Haglund stated "[a]nd if one looks through field glasses or a magnifying instrument across . . . this hillside there were many white spots – it looks almost like strange mushrooms growing here and they represented skeletons, the heads of human bodies that were littered on this landscape . . ."[97] and "in a brief walk around I observed a minimum of 40 to 50 individual skeletons lying about on the hill. These were skeletons on the surface. They represented men, women, children and adults."[98]"
"432. […] Dr. Haglund further stated "as I went [further back into the cave] . . . I did observe [the remains] of many individuals, men, women and children protruding from the mud that had covered them up in the intervening rainy season, and at minimum, I observed at least 40 people in this area." [...]"
[B. Evidentiary comment:]
P.11. Evidence of specific people whom were never seen again.
A. Legal source/authority and evidence:
Prosecutor v. Mile Mrkšić et al., Case No. IT-95-13/1-T, Judgement (TC), 27 September 2007, para.501:
"501. Exhibit 554 is a document comprising 237 missing person questionnaires completed by family and friends of persons listed in the Annex to the Indictment. The missing person questionnaire was developed by the Government Commission for Detainees and Missing Persons. Questionnaires from ICRC, UN Human Rights Centre and INTERPOL were used. Questionnaires were distributed to 102 branches of the Croatian Red Cross and many places where displaced persons were living communally. A TV advertisement was made to inform the public of this. Written material was prepared and sent to the print media. A public campaign for renewal of requests for searches lasted from 14 February to 5 March 1994. Requests were renewed for searches for a total of 3,052 missing people.1810 The information gathered was stored, at the Commission for Detainees and Missing Persons, in a database which allowed a broad spectrum of analyses and searches. Ivan Grujic, who from 1993 to 2000 served as the president of the Government Commission for Detainees and Missing Persons (later, the Administration for Detainees and Missing Persons), pointed out that the accuracy of the information in all questionnaires could not be guaranteed because the information was provided by relatives, the quality of the sources for this information varied considerably and, generally, was not known. It became apparent that in a number of cases, despite information in the questionnaire, the missing person had no apparent connection with Vukovar hospital.1813 Further, the information contained in Exhibit 554 was provided some years after the events charged in the Indictment. Given these matters the Chamber is only able to place reliance on Exhibit 554 when the information, as to presence of the missing person in Vukovar hospital on 20 November 1991, contained in it is confirmed in material aspects by other evidence. It, nevertheless, finds Exhibit 554 of value with respect of establishing the status of the persons listed in it."
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, paras. 252, 277, 280, 338, 348:
"252. According to Zlatan Celanovic, Resid Sinanovic was then taken to the Vuk Karadzic School in Bratunac by what Celanovic believed to be a special military police unit.891 Zlatan Celanovic testified that he thought Resid Sinanovic was not in danger when he left his office, but rather that he was being taken to the "collection centre" pending exchange.892 According to Momir Nikolic, Resid Sinanovic was then transported to the Zvornik Brigade area of responsibility and shot.893 Resid Sinanovic was never seen again.894"
"891. Zlatan Zelanovic, T. 9510-12. See also Momir Nikolic, T. 1805.
892. Zlatan Zelanovic, T. 9513.
893. Momir Nikolic, T. 1805. Most likely Resid Sinanovic was transported to Orahovac.
894. Zlatan Zelanovic 9493-94. Zlatan Zelanovic, in his testimony, referred to Ex. D169/1, a letter from Dr. Zoran Jovi c to Veselin Londrovic Attorney-at-Law, dated 5 March 2003, re: photocopy of medical records from Sanatorium in Banja Koviljaca, as proof that Resid Sinanovic was in Serbia and still alive on 15 July. The Trial Chamber notes that the in medical record only the first name "Resid" of one of the patients is legible. The Trial Chamber does not find this enough as corroborative evidence."
"277. On 13 July, the soldiers allowed the prisoners to take the dead bodies out of the hangar. Ten men were chosen to load the bodies in vehicles and these men never came back.996 Trucks also arrived a second time to take away dead bodies and also on this occasion ten prisoners were ordered to load the bodies. Also these ten men were never seen again.997"
"996. Witness P-110, KT. 2804.
997. Witness P-110, KT. 2805-08."
"280. On 13 July, prisoners were also detained in buses parked outside the Vuk Karadzic School.1017 A mentally retarded Bosnian Muslim man was taken from one bus and murdered. The man had fallen asleep and, upon being suddenly awoken by a member of the military police, accidentally hit the policeman’s flak jacket.1018 The man was removed from the bus and taken to the school. A short burst of gun-fire was heard and the man did not come back.1019 Another prisoner was interrogated by a Bosnian Serb soldier about an ambush that had taken place. He was beaten on the head, stomach and thighs.1020 Groups of men were taken from the buses to the school all through the night and did not return.1021"
"1017. Mevludin Oric, T. 1345.
1018. Mevludin Oric, T. 1347-48, testifying that the policeman said "look at him, he hit me" and then he cursed. The Bosnian Serb soldiers outside the bus responded "let’s kill him, let’s slaughter him, throw him out!".
1019. Mevludin Oric, T. 1347.
1020. Mevludin Oric, T. 1348 (testifying that a military policeman however threw the soldier off the bus as the soldier was drunk).
1021. Mevludin Oric testified that "all night shooting could be heard from the school. People were screaming, moaning. It was horrible to listen to that kind of thing all night. But we had to. Whoever was taken out in those groups was never returned to the bus."; T. 1348-49; Witness P-113, KT. 3029, testifying that during the night of 13 to 14 July four or five men were taken off the bus, which was parked near the Vuk Karadžic School, and that the men never returned."
"338. […] At one point a Bosnian Serb soldier called out names of villages1253 and asked if any men were from those villages. Some men responded and were taken out of the classroom. After they had left the classroom, the sound of the men being beaten and moaning in pain could be heard. The men did not come back.1254"
"1253. The villages that the witness could remember were: Cerska, Konjevic Polje, Glogova and Osmice. Witness P-111, T. 1407.
1254. Witness P-111, T. 1407-08."
"348. […] During the night of 15 July men were taken out and screaming was heard. Some of the men did not return.1297"
Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 432 – 433, 445:
"432. In November 1992, a group of 200 Bosnian Muslim men, women and children from the Kotor Varos area1109 fled from the hostilities. From Vecici, they decided to walk to Travnik during the night because they were afraid of the Bosnian Serbs.1110 Early in the morning, the group was ambushed by Bosnian Serbs soldiers. The group surrendered, following which they were taken to the school building in Grabovica and confined in classrooms.1111
433. The following day, women and children were separated from the men and put on buses.1112 Still today, there is no clue as to the whereabouts of the men that stayed behind at the Grabovica school. The Trial Chamber is however satisfied that they were all killed,1113 even though not a single body has been recovered. As to the number of victims, the Trial Chamber can only rely on the evidence before it, which indicates that 40 Bosnian Muslims were killed.1114"
"1109. Elvedin Pasic, T. 19426-19428, 19451.
1110. Elvedin Pasic, T. 19424-19425.
1111. Elvedin Pasic, T. 19427-19433.
1112. Elvedin Pasic, T. 19434.
1113. See ex. P2301, a "Combat report" by the 1st KK Command dated 4 November 1992, which states that "... Green Berets pulling out of Vecici fell into our ambush. Forty of them were killed during the clash. ...". The Trial Chamber finds that the term ‘Green Beret’ was used to designate all military-aged Muslim males. See also Ewan Brown, T. 19323.
1114. Even though the number of Bosnian Muslim men that were killed in this particular incident may be significantly higher , the Trial Chamber had to exclusively rely on ex. P2301 (see supra), which is the only evidence available."
"445. Prominent members of the Bosnian Muslim and Bosnian Croat local communities were imprisoned in Omarska camp,1152 such as Professor Muhamed Cehajic, the mayor of Prijedor prior to the Bosnian Serb take-over. He formerly taught literature at Prijedor high school and was a well- liked man. On 27 July 1992, he was called out from the room in which he was detained and taken out of the camp.1153 Muhamed Cehajic did not return and was never seen again.1154 Dr. Esad Sadikovic, a physician, had previously worked for the UNHCR and was described as a charismatic and deeply humane person.1155 In Omarska, he helped other detainees wherever he could, and was regarded as a ‘ moral and spiritual authority’.1156 One night, a camp guard appeared and said: "Dr. Eso Sadikovic, come out and take your stuff with you." The other detainees knew that this meant he would not return. Everybody stood up and bid him farewell.1157 The Trial Chamber is satisfied beyond reasonable doubt that both Muhamed Cehajic and Esad Sadikovic were taken out to be killed and were actually killed."
"1152. Mevludin Sejmenovic, T. 12309 -12311; Nusret Sivac, ex. P1547, T. 6628, 6630, mentioning Silvije Saric – the HDZ President of Prijedor, and former Bosnian Muslim mayor Muhamed Cehajic.
1153. Muharem Murselovic, ex. P1542 , T. 2710-2711 ; Nusret Sivac, ex. P1547, T. 6629-6630.
1154. Nusret Sivac, ex. P1547, T. 6629-6630.
1155. Nusret Sivac, ex. P1547, T. 6686.
1156. BT-42, ex. P564, T. 1838 (under seal).
1157. Nusret Sivac, ex. P1547, T. 6687."
Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003,paras. 210, 255, 258:
"210. Around late July 1992, 44 people were taken out of Omarska and put in a bus. They were told that they would be exchanged in the direction of Bosanska Krupa.Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, para. 170:
"170. According to Witness VA, Rusanganwa was told to stand at the entrance of the church, and the Accused asked him when the "Inkotanyi" were going to arrive.[279] Rusanganwa responded: "I am not God, I know neither the day nor the time."[280] Witness VA testified that the Accused then took a machete from Hatageka, an Interahamwe accompanying him, and cut one of Rusanganwa’s legs and an arm.[281] Bisengimana then took the machete and cut Rusanganwa’s other limbs.[282] The Interahamwe put Rusanganwa in a vehicle where they were throwing other dead bodies.[283] Witness VA never saw Rusanganwa alive again.[284]"
"[279] T. 7 March 2001 p. 77.
[280] T. 7 March 2001 p. 77.
[281] T. 7 March 2001 pp. 77, 78, 79. The Chamber notes that in the English transcript, the Prosecutor refers to the Accused "cutting off" Rusanganwa’s limbs. According to that transcript, the witness used "to cut off" after initially using the more general verb "to cut". In contrast, the French transcript generally uses the general verb "couper" and only once uses the more specific verb "amputer". In order to clarify any discrepancy, the Chamber has reviewed the audio recording of the proceedings. The recording clearly indicates that both the Kinyarwanda interpreter and the witness speaking in Kinyarwanda consistently used the infinitive verb "gutema", which is consistent with the general verb "to cut" in English or "couper" in French.
[282] T. 7 March 2001 p. 79.
[283] T. 7 March 2001 pp. 80-81.
[284] T. 7 March 2001 pp. 80-81."
Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, para. 183:
"183. […] According to Witness M, of the 31 people who took refuge in Nyamugambo's house prior to the 15 April, the others were all killed by the Interahamwe. He said he knew they died because he hadn't seen them since. […]"
