p.55. The perpetrator killed one or more persons.

A. Evidentiary comment:

This element is common to articles 6(a) (genocide by killing), 7(1)(a) (the crime against humanity 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. Accordingly, "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 cuase" of the victim’s death (http//www.legal-tools.org/doc/6b4a33/Delalić Trial Judgement, para. 424). It is not clear whether this requirement will also arise 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 http//www.legal-tools.org/doc/6b4a33/Delalić Trial Judgement, para. 422; http//www.legal-tools.org/doc/e1ae55/Blaskić Trial Judgement, para. 181; http//www.legal-tools.org/doc/d4fedd/Kordić Trial Judgement, para. 233). The ICTY has also held that the same material elements (contextual elements aside) are applicable to "killing" as required for the crime against humanity of murder: http//www.legal-tools.org/doc/d4fedd/Kordić Trial Judgement, para. 236; http//www.legal-tools.org/doc/32ecfb/Stakić Trial Judgement, para. 631). In fact it seems likely that this element should be interpreted consistently across all the crimes in which it is used. As a matter of interpretation, it might be 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 might be displaced were it shown that the difference in the contexts presented by the various different crimes were such as to impact upon the meaning of the phrase. However the view of the ICTY has been that these crimes are intended to address the same fundamental considerations and purposes (eg http//www.legal-tools.org/doc/6b4a33/Delalić Trial Judgement, para. 423). It therefore 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. With this in mind 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 actus reus 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" (http//www.legal-tools.org/doc/b8d7bd/Akayesu Trial Judgement, 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 (http//www.legal-tools.org/doc/6b4a33/Delalić Trial Judgement, 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 the conduct include "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 open the question for the Court to decide. (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 other crimes involving killing it may also be that omissions are covered in those contexts also.

It is not necessary for the prosecution to be able to demonstrate, for each individual killing, the identity of the victim and direct perpetrator. Nor is it necessary that the precise number of victims is known (http//www.legal-tools.org/doc/32ecfb/Stakić Trial Judgement, para. 201).

5.1.1. Killing by direct methods.

 

Prosecutor v. Vlastimir Dordevic, Case No. IT-05-87/1-A, Judgement (AC), 27 January 2014, paras. 758, 766, 772, 782, 790:

"758. In light of the above, the Appeals Chamber, Judge Tuzmukhamedov dissenting, finds that Dordevic has failed to show that no reasonable trier of fact could have reached the same conclusion as the Trial Chamber, and therefore has failed to show that the Trial Chamber erred in concluding that Hysni Hajdari was shot and killed by MUP forces."

"766. In light of the above, the Appeals Chamber finds that Dordevic has failed to show that no reasonable trier of fact could have reached the same conclusion as the Trial Chamber, and as such has failed to show that the Trial Chamber erred in concluding that Afrim, Arta, Hamdi, and Zana Berisha were killed by Serbian forces on 26 March 1999 in Suva Reka/Suharekë."

"772. In these circumstances, the Appeals Chamber, Judge Güney and Judge Tuzmukhamedov dissenting, finds that Dordević has not shown that his suggested alternative inference – i.e. that those found to have been murdered were killed in combat – was unreasonably excluded by the Trial Chamber.²²⁸⁰ Dordevic consequently has failed to show that no reasonable trier of fact could have reached the same conclusion as the Trial Chamber, and therefore has failed to show that it erred in concluding that 281 Kosovo Albanians were shot and killed by Serbian forces on 27-28 April 1999 in Meja/Mejë during “Operation Reka”."

2280. See supra, para. 700.

"782. Based on the foregoing, the Appeals Chamber finds that \or|ević has failed to show that no reasonable trier of fact could have reached the same conclusion as the Trial Chamber, and as such has failed to show that the Trial Chamber erred in concluding that Serbian forces killed at least 22 men at the Kotlina/Kotlinë wells in Kačanik/Kaçanik municipality."

 

"790. In light of the above, Dordevic has failed to show that no reasonable trier of fact could have reached the same conclusion as the Trial Chamber, and as such has failed to show that the Trial Chamber erred in concluding that Serbian forces killed Mahmut Caka, Hebib Lami, Brahim Lami, and Rraman Lami in Vata/Vataj."

P.1. General evidence of killing or massacres (where means not specified).

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. 257, 281, 296, 303, 330, 345, 357:

"257. On 18 July, a group of around 500 Bosnian Muslim men from the column had reached Baljkovica.⁹²³ Among the men was Witness P-114 who had managed to cross the road between Konjevic Polje and Nova Kasaba.⁹²⁴ Witness P-114 and ten other men left the group when they heard shooting in the vicinity and the Bosnian Serbs calling upon them to surrender.⁹²⁵ The following day, on 19 July, the eleven men hid in some bushes near the forest, about a kilometre away from the frontline.⁹²⁶ They heard Bosnian Serb soldiers calling out for them to surrender and shortly after, heavy shooting started above their heads.⁹²⁷ The group surrendered one by one.⁹²⁸ When they reached the path where the Bosnian Serb soldiers were, they were beaten by them. One of the Bosnian Muslim men was beaten particularly hard.⁹²⁹ The men were ordered to give up any documents, money and valuables that they still had, and were interrogated about the number of the Muslim troops, their commanders and about what happened in Srebrenica.⁹³⁰ The soldiers took two boys away and killed them.⁹³¹ Witness P-114, who survived the executions, was also taken away and shot in his left shoulder. He pretended to be dead, until late in the night. Once the Bosnian Serb soldiers had left he managed to escape⁹³² after having witnessed further executions.⁹³³ He testified that he knew of one other man who survived the executions.⁹³⁴"

"923. Witness P-114, KT. 3194-95.

924. Witness P-114, KT. 3193-94. Witness P-114 had been in the woods with the group of around 2,000 to 3,000 people from the column that were stopped in the area between Konjevic Polje and Nova Kasaba.on the morning of 13 July. After he had witnessed the killing of 200-300 men he escaped and managed to cross the road. Witness P-114, KT. 3191-93.

925. Witness P-114, KT. 3195.

926. Witness P-114, KT. 3196-97.

927. Witness P-114, KT. 3196-97.

928. Witness P-114, KT. 3197.

929. Witness P-114, KT. 3197.

930. Witness P-114, KT. 3198.

931. One of the two boys was around 15 or 16 years old. Witness P-114, KT. 3198-3200.

932. Witness P-114, KT. 3200-01.

933. Witness P-114, KT. 3201-02, 3204-05, 3207.

934. Witness P-114, KT. 3210 (private session). Witness P-114 also testified that one of the soldiers gave orders to kill the group of around 500 Bosnian Muslim men that Witness P-114 had left before. Witness P-114, KT. 3203."

"281. On 14 July 1995, Momir Nikolic was informed by Dragan Mirkovic, commander of the Rad Utilities Company, that between 80 and 100 Bosnian Muslims had been killed during the night of 13 to 14 July around the Vuk Karadzic School.¹⁰²² […]

1022. Momir Nikolic, T. 1762-64. See also Srbislav Davidovic, T. 7753, 7756-57, testifying that after all the prisoners had left, i.e. after 14 July, he heard that there were some corpses around the Vuk Karad‘ic school.

"296. On the evening of 13 July, at least 1,000 Bosnian Muslim men were killed in the Kravica Warehouse.¹⁰⁶² There are only two known survivors from this execution site. They testified that they were taken to the Kravica Warehouse by foot or by bus from a meadow near Sandici,¹⁰⁶³ where they had been detained since their capture earlier that day.¹⁰⁶⁴ One of the survivors, Witness P-106, testified that the doors of the warehouse were guarded by Bosnian Serb soldiers.¹⁰⁶⁵ According to another survivor, Witness P-107, the soldiers took any valuables that the Bosnian Muslim men had on them.¹⁰⁶⁶"

"1062. Witness P-106, T. 1228-29. Witness P-106 testified that the number of men on the field from which they were all taken to the warehouse was 2,000. See also Witness P-107, KT. 2520. Witness P-107 stated that there were around 1,000 to 1,500 men in the section of the warehouse in which he had been detained.

1063. From the testimony of Milos Stupar it can be concluded that it was Sandici meadow. Milos Stupar, T. 8340-42.

1064. See supra section II. D. 2. (a) (ii) (b).

Witness P-106, T. 1216-18. Witness P-106 described that after General Mladic had given a speech to the Muslim men telling them that they would be exchanged, they were marched in columns guarded by soldiers with automatic rifles to the Kravica Warehouse; Witness P-107, KT. 2510, Witness P-107 testified that they were taken there by bus.

1065. Witness P-107 testified that the Bosnian Serb soldiers were wearing camouflage, that one of the soldiers had a blue UN helmet, and some of the soldiers had flak jackets. Witness P-107,

1066. Witness P-107, KT. 2519."

"303. Jovan Nikolic claimed that he did not recognise any of the soldiers, who took part in the killings on the morning of 14 July. He testified that they wore "traditional VRS uniforms" and masks over their faces.¹⁰⁸⁷ Perica Vasovic testified that he saw "unknown persons in camouflage uniforms" at the warehouse and that men wearing masks were carrying out the executions.¹⁰⁸⁸ […]"

"1087. Jovan Nikolic, T. 8013-14; Jovan Nikolic testified that he was attacked by the soldiers, which was one of the reasons why he believed the soldiers were not Bratunac Brigade soldiers. Jovan Nikoli c, T. 8014.

1088. Perica Vasovic, T. 8088-89. Because on the accent of the soldiers, Perica Vasovic thought that the soldiers were from the Sarajevo area."

"330. Witness P-130 testified that in the early evening of 14 July, immediately before the executions started, Drago Nikolic arrived at Orahovac together with the chief of security of the Main Staff Colonel Vujadin Popovic.¹²¹⁷ Drago Nikolic told Witness P-130 that he had been absent because Colonel Beara had arrived in the meantime, "that he had things to do" and could not come earlier. He then said that all the Muslims were to be executed immediately.¹²¹⁸ Witness P-130 prepared the prisoners to be taken out to the trucks that had come from the Zvornik Brigade.¹²¹⁹ Miomir Jasikovac organised the blindfolds for the prisoners and prepared with Drago Nikolic the volunteers who were going to carry out the executions.¹²²⁰ Dragan Obrenovic testified that both Drago Nikolic and Vujadin Popovic were present in Orahovac, and that while the executions started under orders from Popovic, Drago Nikolic took part in the executions himself. ¹²²¹

331. Tanacko Tanic testified that when he returned to the Standard Barracks from Orahovac around midnight of 14 July, members of the Zvornik Brigade, who had been at Orahovac, gathered at the Zvornik Brigade headquarters in an office adjacent to the Duty officer’s office.¹²²² He heard the men talking about "a job well done", and how the soldiers should be rewarded.¹²²³ Tanacko Tanic did not inform the brigade command about the executions, because "on the following day everybody commented on what had happened".¹²²⁴"

"1217. Witness P-130, T. 6615, 6764.

1218. Witness P-130, T. 6605, 6616.

1219. Witness P-130, T. 6618.

1220. Witness P-130, T. 6619.

1221. Dragan Obrenovic was told by Lazar Ristic that Drago Nikolic participated in the killings; T. 2536-38, 3042 .

1222. Tanacko Tanic, T. 12009-10 (private session).

1223. Tanacko Tanic, T. 12009-10, 12021 (private session).

1224. Tanacko Tanic, T. 12026. While this witness initially testified that everybody knew about the executions on 14 July, he later clarified that nobody knew that there were going to be executions, but that it became common knowledge immediately after the executions occurred. Tanacko Tanic, T. 12024-25."

"345. […] Marko Milosevic was later told that the detainees from the Petkovci School had been killed at the dam, but he does not remember who gave him this information.¹²⁷⁶ Dragan Obrenovic testified that on 16 July Ostoja Stanisic informed him that a group of prisoners had been killed in the Petkovci School.¹²⁷⁷ He later learned that the participants to these killings were members of the 10th Sabotage Detachment.¹²⁷⁸"

"1276. Marko Milosevic, T. 5656.

1277. Dragan Obrenovic, T. 2538- 39.

1278. Dragan Obrenovic, T. 2539."

"357. A large scale execution and burial operation was carried out at Kozluk between 15 and 16 July. Extensive forensic evidence exists that around 500 men were executed at the edge of the Drina River.¹³⁴⁰ There are no known survivors of this execution site.¹³⁴¹"

"1340. Jean René Ruez, T. 515-16. Ex. P746: ICTY operations in Bosnia –Herzegovina 1999 season, Report of chief pathologist John Clark, Srebrenica graves, p. 6-12; Dean Manning: Team 6 – Srebrenica Investigation – Forensic Summary – Annex A, p. 46; Ex. P772, Report by Richard Wright, 2000, pp 12-13; Ex. P738, Report by Jose Baraybar, p. 12; Ex. P740, Report by Jose Baraybar, p. 5; Ex. P771, Report by Richard Wright, 1999, p. 21; Ex. P743, expert report Antony G. Brown, p. 10; Ex. P555.

1341. J.R.Ruez, T. 515; Ex. P358, Butler Military Narrative, p 72, para. 7.54."

Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 422, 432 – 433, 446, 448, 463, 465:

"422. The village of Skrljevita had a majority Bosnian Croat population.¹⁰⁶² On 2 November 1992, seven Bosnian Croats from Skrljevita were rounded up by Bosnian Serb paramilitary forces at the Glamosnica forest.¹⁰⁶³ The Bosnian Serb paramilitaries claimed to belong to ‘Seselj's Army’.¹⁰⁶⁴ One of them was wearing a military police belt and camouflage uniform, another had Serb insignia carved into his rifle butt.¹⁰⁶⁵ After having body-searched their victims, the Bosnian Serbs, among them a certain Danilusko Kajtez, executed seven Bosnian Croats.¹⁰⁶⁶"

"1062. Grgo Stojic, T. 6764.

1063. Grgo Stojic, T. 6774.

1064. Grgo Stojic, T. 6777.

1065. Grgo Stojic, T. 6797.

1066. Grgo Stojic, T. 6776-6778; Nicolas Sébire, ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927952-02927953."

"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"

"1009. Ivo Atlija, ex. P1527, T. 5559 -5561.

1010. Ivo Atlija, ex. P1527, T. 5562 -5563.

1011. Ivo Atlija, ex. P1527, T. 5571 ; Ivo Atlija, T. 11933.

1012. Ivo Atlija, ex. P1527, T. 5571 -5573.

1013. Ivo Atlija, ex. P1527, T. 5573 .

1014. Ivo Atlija, ex. P1527, T. 5575 , 5577-5578."

"446. At the end of July 1992, the killing of inmates with a special professional background started. One night, lawyers were targeted, following which policemen and physicians were marked for killing.¹¹⁵⁸ In one night at the end of July 1992, a large number of detainees from the recently cleansed Brdo area were killed.¹¹⁵⁹"

"1159. Kerim Mesanovic, ex. P1131, T. 5195; Kerim Mesanovic, T. 11188."

"448. Following the visit of foreign journalists in early August 1992, Omarska camp was closed.¹¹⁶² The Trial Chamber is unable to precisely identify all detainees that were killed at Omarska camp. It is satisfied beyond reasonable doubt however that, at a minimum, 94 persons were killed, including those who disappeared."

"463. Beginning on 3 June 1992, Bosnian Serb soldiers and reserve policemen brought between 100 and 120 Bosnian Muslim and Bosnian Croat men from the surrounding villages into Teslic.¹²²¹ They were first detained at the SUP building, and subsequently transferred to the warehouse of the TO building.¹²²² The guards at the TO warehouse were Bosnian Serb policemen and members of the ‘Mice’ paramilitary group, amongst them Tomo Mihajlovic and Milorad Panic.¹²²³ Many of the detainees were called out and subsequently killed.¹²²⁴ The Trial Chamber finds that 40 Bosnian Muslim and Bosnian Croat civilians were killed by members of the ‘Mice’ paramilitary group.¹²²⁵"

"1221. Mehmed Tenic, T. 16857-16860 .

1222. Mehmed Tenic, T. 16867.

1223. BT-61, ex. P1976, 92bis statement, 02978916 (under seal); Mehmed Kopic, ex. P1964, 92bis statement , 01034038-01034039.

1224. Mehmed Tenic, T. 16874, 16877 -16878.

1225. Ex. P1931, "Report", is a document issued by the Public Security Station in Teslic on 8 July 1992, which states that "About 40 Muslims and Croats have been massacred in the Teslic municipality by a group of criminals from Doboj." See also ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927982-02927983."

"465. In sum, the Trial Chamber is satisfied beyond reasonable doubt that, considering all the incidents described in this section of the judgement, at least 1669 Bosnian Muslims and Bosnian Croats were killed by Bosnian Serb forces, all of whom were non-combatants. The Trial Chamber is further satisfied that these killings fulfil the element of massiveness for the crime of extermination. It is also proven that the direct perpetrators had an intention to kill or to inflict serious injury, in the reasonable knowledge that their acts or omissions were likely to cause the death of the victim."

Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, paras. 115, 122, 126:

"115. Witness TAQ testified that more than 100 members of her extended family died during that attack. They included her elder sister and her seven children, her younger sister with her two children and husband, her aunt and her uncles, one of whom had a family of about 70 people, including children and grandchildren. Witness TAQ explained that the people who were attacked on 15 April were Tutsi. She testified that she believed the Hutu who were among the refugees left the parish before the attack, after being asked to do so. She further testified that they are still alive, she sees them, and they talk about it from time to time. They told her that they left the parish when they heard the Accused asking them to come out of the complex.^[99]"

"[99] T., 29 July 2003, pp. 53 to 59."

"122. Witness TAO testified that all the victims of the attack at Nyarubuye Church were Tutsi. His younger brother, his sister and one of her children aged 6 were killed during that attack, as well as 200 members of his extended family. They were all Tutsi.^[116]"

"[116] T., 30 July 2003, pp. 55 to 56."

"126. Witness TAX testified that the victims of the attack of 15 April in Nyarubuye were Tutsi, and that they were many in number. A number of her family members died in the attack, including her father, mother, two sisters and two brothers.^[125]

"[125] T. 31 July 2003, pp. 35 to 37."

http//www.legal-tools.org/doc/4ac346/Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 328, 345, 371, 407:

"328. Prosecution Witness GES testified that after approximately ten minutes, the armed men began to kill refugees who had taken refuge in Gikomero Parish, starting with a man named Bucundura. The Witness testified that Bucundura was killed by a person who came with Kamuhanda while Kamuhanda was still there.
329. Prosecution Witness GES testified that the killings continued in Gikomero, forcing him to flee once again, across the river to Giti commune and then across Lake Muhazi."

"345. Prosecution Witness GEA testified that he could not say how many people had died at that location, because "that day there were very many." [...]"

"371. Prosecution Witness GEV testified that soon afterwards, the Interahamwe who had arrived on the truck began killing Tutsis, beginning with Bucundura. […]"

"407. Defence Witness GPF, a Hutu born in 1972, testified that in April 1994 he lived near Gikomero Parish Compound. In answer to a question from the Bench, the Witness testified that 1,500 people, approximately, were sheltered at the Parish on 12 April 1994, the day of the attack. He further testified that some were killed on the spot, some were killed as they fled the attack and others survived."

Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 486, 541, 562, 566, 606:

"486. Prosecution Witness GDD testified that, at the end of the day, the assailants had killed approximately 80 Tutsis in more than 12 families […].⁶⁶³ […]"

"663. T. 3 October 2001, p. 48 (GDD)."

"541. Defence Witness RGM identified some of the people killed at Rwankeri: an old man called Bihutu, his daughter Karasankima, a girl called Nyiraburanga, Sengoga, Seburayi and Gasominari.[…]⁷²²"

"722. T. 18 November 2002, pp. 59-60 (RGM)."

"562. […]Afterwards, the Witness encountered a man fleeing with two Tutsi children. The Witness brought them back to the place where the massacres had started and handed them over to Gatama (son of Bugari) who, together with "a daughter" called Azele of the CDR, killed the children. […]"

"566. Defence Witness SMR2 testified that there were Tutsis who had sought refuge at Munyemvano's compound in the area of the Parish and that they were killed at Busogo on 7 April 1994. The Witness recognised one of the victims by the name of Gateyiteyi--he was a nurse. The Witness was told that Gateyiteyi was killed a bit further from the Parish. The Witness never saw his corpse.⁷⁴³"

"743. T. 19 September 2002, pp. 88-89 (SMR2) (ICS)."

"606. Prosecution Witness GDD testified that on the morning of 8 April 1994 he and other assailants killed a woman named Nyirabusoro and her five children. Nyirabusoro was the wife of a Hutu named Muvuka. The Witness affirmed that the killings were in response to the Accused's order to "fine-comb" the Gitwa secteur.⁷⁸⁶ The Witness further testified that he killed the five children of mixed Hutu and Tutsi origin "upon the order of the authorities ... among others, Nzirorera and Kajelijeli."⁷⁸⁷"

"786. T. 3 October 2001, pp. 52,and56-59 (GDD).

787. T. 3 October 2001, pp. 56-57 (GDD)."

Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 220, 222 – 224, 225 – 226, 255, 265, 269, 271:

"220. On the basis of the evidence presented at trial, the Chamber is convinced that hundreds of detainees were killed or disappeared in the Omarska camp between the end of May and the end of August when the camp was finally closed.[…]

"222. A dispatch from the Command of the 1st Krajina Corps dated 22 August 1992⁵²⁹ refers to the mass execution of civilians in the camps and centres. It states that everyone was trying to pass responsibility for issuing orders for these executions on to someone else.

223. The Trial Chamber finds that killings were committed in the Keraterm camp between 24 May and 5 August 1992, when the camp finally closed. A brief review of the relevant evidence follows.

224. Among others, the following persons, known by their names, were killed in the Keraterm camp: […]

Witness E compiled a list of about 60 people who were killed in Keraterm and later identified some of the victims at an exhumation site in Hrastova Glavica.⁵⁴²"

542. Witness E, 92 bis testimony in Sikirica, T. 2522-23 and T. 2527.

"225. Although the killings in the Trnopolje camp were committed on a much smaller scale than those in the Keraterm and Omarska camps, nonetheless, the Chamber finds, on the basis of the following evidence, that killings did occur.

226. […] Witness W testified that her father and brother, along with seven members of the Foric family were killed in the Trnopolje camp.⁵⁴⁵ An elderly man called Sulejman Kekic was killed in the Trnopolje camp by a guard known as "Zolka".⁵⁴⁶ Teofik Tali c and a father and son with the last name "Murgic" were also killed in the camp.⁵⁴⁷"

"545. Witness W, T. 6835-37; Idriz Merdzanic, T. 7786 who confirmed that five or six people with the name of Foric were taken from the camp and never seen again, Exh. S324.

546. Witness X, T. 6882-83.

547. Idriz Merdzanic, T. 7785-86."

"255. […] Witness Q testified that she continued to watch as the soldiers rounded up more people and took them to the Zeger bridge. The soldiers started to kill people and threw their bodies into the Sana river, which was red with blood.⁶¹² Not all the men were killed; some were loaded onto buses and taken to the camps – Omarska and Keraterm. She identified some of the people taken to the buses, but she could not recognise the men in the river.⁶¹³ Witness Q described the soldiers’ uniforms, identified some of them, and marked some photographs.⁶¹⁴"

612. Witness Q, T. 3948; Exh. S15-25.

613. Witness Q, T. 3950-54.

614. Exh. S15-24; Witness Q, T. 3950-56.

"265. Witness X was in Biscani on 20 July 1992 when the Serb army attacked the village. He and his father were told to wait at a collection point in the village and from there were taken to the Trnopolje camp. He witnessed the killing of several men by Serb soldiers, including four whose names he mentioned.⁶⁴⁴ That night in Trnopolje he learned that several people had been taken off in a second bus that traveled from Biscani to Trnopolje that day and had been executed in the sand pits next to "Granata’s house".⁶⁴⁵ He named eight individuals in that bus. In addition, Witness X testified that upon arrival at Trnopolje, about 12 people were ordered back on the bus on which he had been traveling and that he later learned that they had been killed in a mass execution near Kratalj.⁶⁴⁶"

"644. Witness X, T. 6862-65.

645. Witness X, T. 6870.

646. Witness X, T. 6871-73."

"269. The village of Brisevo was shelled on 23 July 1992. 77 Croats were killed in the village between 24 and 26 July 1992, including three Croats in a maize field and four others at the edge of the woods near Brisevo.⁶⁵¹"

"651. Witness M, 92 bis statement, paras 4-6."

"271. On arriving at the stadium, people were seriously beaten.⁶⁵⁵ Later on, a non-Serb was brought in and was asked to identify the men who had been with him in the woods. He pointed to two men. These men were singled out and taken across to the fence on the other side of the stadium. They were killed along with others who had been identified.⁶⁵⁶ Also, some of those who had been made to line up against a wall and withstand mistreatment at the hands of the soldiers were killed. […]"

"655. See supra para. 246.

656. Nermin Karagic, T. 5233-34."

http://www.legal-tools.org/doc/9a9031/Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 348, 631, 701:

"348. Later, Witness DD said: "I did not go close to the church. I saw the killers at work. They were killing people, getting people out of the church, and I changed directions and I went elsewhere." ^[490]"

"[490] T. 24 October 2001 pp. 39, 46."

"631. […] The attackers left their vehicles at the bottom of Muyira Hill and moved up the slope flushing out refugees along the way. Individuals he described as the leaders, among whom the Accused, sent the other attackers to pursue the refugees up a steep hill called Rugona. Gérard Ntakirutimana was seen with Clément Kayishema, Obed Ruzindana, Charles Sikubwabo, Musema, Mika Muhimana, and Aloys Ndimbati. The witness specified that many people were killed as a result of this attack.^[968]"

"[968] T. 24 September 2001 p. 26-38."

"701. Witness YY testified about attacks directed against houses without roofs in the Bisesero area. Occasionally, he saw Gérard Ntakirutimana amongst the attackers who came at night. The witness listed nighttime attacks in Murambi on the houses of Ngendahayo where nine people were killed, of Habimana, and of Kanyamiganda where 14 people were killed. Attacks that occurred in the day were launched from Gisovu and the attackers would leave from Murambi. He testified that at Murambi Church, the attackers called out to some of the refugees that they knew and told them to go and eat the spoilt meat which was at Habimana’s house, referring to the flesh of persons that they had killed there. […] ^[1037]

"[1037] T. 2 October 2001 pp. 102-108."

Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras. 468, 471:

"468. The witness testified that, upon reaching the foot of the hill, Musema came forward and gathered the assailants who were scattered. He then fired a shot which marked the beginning of the attacks around 09:00hrs. Although the villagers only had stones to defend themselves, they were able to drive the assailants back down to the foot of the hill, with the intention of grabbing Musema. However, other assailants, led by Ruzindana and Sikubwabo, surrounded them, and they had to flee. Many refugees, including his wife and children, were killed during this attack. According to the witness, Musema was leading the Interahamwe and personally shot at the refugees, although the witness could not say whether Musema actually hit anyone. Witness H stated that the attack finished around 18:00hrs."

"471. The vehicles dropped off the attackers and then all, save Musema's, went to pick up other individuals in Gisovu, returning 45 minutes to an hour later. Other attackers led by Ruzindana and Sikubwabo were also seen by the witness coming from Gishyita with two vehicles, a lorry and a Toyota Stout. Witness S said the attackers first grouped and had a "meeting" before blowing their whistles and launching the attack against Sakufe's house on Mumataba hill. The attack was aimed at between 2000 and 3000 Tutsis who had sought refuge in and around the house. The majority of the refugees, including relatives of the witness, were killed during the attack. The witness stated that Musema stayed by his car during the attack in the company of persons dressed in white."

Prosecutor v. George Rutaganda, Case No. ICTR-97-20-T, Judgement (TC), 6 December 1999, paras. 188, 200, 202:

"188. Witness U testified that after the death of the President, the Interahamwe began killing in Nyarugenge. After two days, he left his home because of the killing. He said the Interahamwe stopped him and others with him, arrested them and took them to a place where they were killing people. […]"

"200. […] The distribution of these weapons was immediately followed by the killing of people who, in at least two of the incidents, had been gathered together at these places prior to the arrival of the Accused."

"202. […] The Interahamwe members ordered persons with Tutsi cards to stand on one side of the road. Eight of the Tutsis were then killed. The victims included men, women and an infant who had been carried on the back of one of the women."

Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 317, 332, 358:

"317. With thousands of internally displaced persons (hereinafter refugees)¹⁹² effectively imprisoned at the three sites in Kibuye, five days of almost continuous massacres commenced. First, at Mubuga Church the major killing started on 15 April and continued on 16 April. On 15 and 16 April the Complex suffered preliminary attacks followed by a major slaughter on 17 April. On 18 April, the massacre at the Stadium began with the attackers returning on 19 April to complete the job. Evidence before the Trial Chamber suggests that thousands of Tutsi seeking refuge were killed during these few days."

192.Because the parties referred to the internally displaced persons as "those seeking re fuge" throughout the trial, the Trial Chamber will remain consistent with this usage , nothing however, that this use of the term in the context is inaccurate.

"332. At some point, Kayishema led the attackers who entered the Church and began to kill the survivors. Witness A, who had hidden under dead bodies and had smeared himself with blood, observed that Kayishema entered the Church with a young man and took steps to ensure that there were no survivors. […]"

"358. […]Witness I testified that those attempting to leave were killed by members of the Interahamwe and, that he saw this happen. In the Stadium there was no firewood, the water had been cut off, and the Tutsi seeking refuge ate raw meat from cows. Sick and wounded were amongst them and those who attempted to seek help from the local hospital just yards from the Stadium were beaten back or killed. […]"

Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 282, 304, 353 – 355:

"282. Pursuant to a question from the Chamber as to the killing of teachers, witness K stated she was unsure how many were killed, but that she knew the names of some of them, Theogene, Tharcisse, a woman called Phoebe (the gérante of Remera secondary school), and her fiancé whose name she didn't know. She explained that the woman was killed because it was alleged a radio for communicating with the Inkotanyi had been found at her house. She further stated that the true reason for the killings of the teachers and the refugees was because they were Tutsi."

"304. Both witnesses presented by the Defence, witness DCC and DZZ, also testified that killings took place at the bureau communal. Witness DCC went to the bureau communal everyday during the events. He saw people, mainly Tutsi, being massacred by the Interahamwe and taken to be buried behind the primary school. Furthermore, the Defence presented as evidence the statement given by witness DCC to the Prosecutor⁷⁸. […]"

"78. Exhibit No. 120"

"353. Prosecution witness A, a Tutsi man, testified before the Chamber that five Tutsi were killed on the day of the meeting. From that date, witness A personally observed that the people were destroying houses, taking away corrugated iron sheets, doors and anything they could carry, and killing cows which they ate. Some of the people tried to run away when the killings began. […]

354. Witness N, a 69-year old female Hutu farmer, also explained that the destruction of houses, the killing of cows and even the killings, began following said meeting. […]

355. The Accused himself confirmed to the Chamber that killings started in Taba on 19 April 1994. He said that, on that day, after addressing the crowd at Gishyeshye, he went to the Bureau communal where he noted that the Interahamwe had killed a good number of people, who had sought refuge there, including elderly people, women and children."

Prosecutor v. Jovica Stanišić and Franko Simatovic, Case No. IT-03-69-T, Judgement (TC), 30 May 2013, para. 976: 

 

“976. In assessing whether the victims died and whether their deaths were caused by an act or omission of another person, the Trial Chamber considered in particular: Adjudicated Facts on the death and the circumstances surrounding the death, forensic evidence, evidence from witnesses who observed the killings, and evidence from other witnesses who could provide information about the circumstances surrounding the death. This included witnesses who provided evidence about where and with whom the victim was last seen alive and about encounters between the victim and potential and likely perpetrators prior to the victim’s death. It also included witnesses who provided evidence about the exhumation of bodies. Recalling the factual findings made in chapter 3, the Trial Chamber is satisfied that the legal requirements are met, namely that the victims under consideration died, and that their deaths were caused by the acts of the perpetrators.”

Prosecutor v. Augustin Bizimungu, Case No. ICTR-00-56B-A, Judgement (AC), 30 June 2014, paras. 286-293:.

"286. Bizimungu submits that the Trial Chamber erred in finding him responsible for the killings and rapes at the Musambira Commune office and dispensary.⁸¹⁸ The Appeals Chamber recalls that it has already found that the Trial Chamber erred in holding Bizimungu responsible as a superior for crimes committed by the Interahamwe at Musambira Commune office and dispensary.⁸¹⁹ In this section, the Appeals Chamber considers whether the Trial Chamber erred in: (i) its assessment of the Prosecution evidence; (ii) failing to consider Defence evidence; (iii) its conclusion that Bizimungu knew or had reason to know of the involvement of soldiers in crimes at the Musambira Commune office and dispensary; and (iv) convicting Bizimungu of genocide and murder and rape as crimes against humanity for this event in light of its failure to provide a reasoned opinion."

 

818 Bizimungu Notice of Appeal, paras. 211-216; Bizimungu Appeal Brief, paras. 482-490.

819 See supra para. 139.

 

"287. The Trial Chamber found that soldiers were involved in killings and rapes of Tutsi refugees at the Musambira Commune office and dispensary during late April and May 1994.⁸²⁰ This conclusion was based on the evidence of: Prosecution Witness DBH, who testified about the killing of a large number of male Tutsi refugees in an attack by soldiers and Interahamwe at the Musambira Commune office as well as subsequent rapes, including her own, by soldiers at the Musambira dispensary;⁸²¹ and Prosecution Witness DBB, according to whom soldiers, in concert with Interahamwe, killed a large number of Tutsi refugees from the Musambira dispensary in a yard near the Musambira Commune office on one occasion.^822"

 

820 Trial Judgement, para. 1192. See also Trial Judgement, paras. 1185-1190.

821 Trial Judgement, paras. 1103-1105, 1188. The Appeals Chamber notes that, according to paragraph 118 of the Trial Judgement, Witness DBH testified that she and others were raped by soldiers at the Musambira Commune office. However, Witness DBH placed these events at the dispensary. See Witness DBH, T. 20 June 2005 pp. 8-14; T. 22 June 2005 pp. 1, 2.

822 Trial Judgement, paras. 1109, 1190.

 

"288. Bizimungu submits that the Trial Chamber erred in convicting him for the crimes committed at Musambira because Witnesses DBH and DBB were not credible and contradicted each other.⁸²³ He argues that the Trial Chamber should have assessed the evidence of Witness DBH with greater caution because she was a member of the IBUKA organization and inflated the number of victims at the Musambira Commune office.⁸²⁴ Regarding Witness DBB, Bizimungu contends that her credibility was called into question when she wrongly denied knowing Witness DBH.⁸²⁵ In his view, the Trial Chamber committed an error in stating that it was not satisfied that the acquaintance of the two witnesses meant that they had colluded to fabricate false testimony because all it needed was “reasonable doubt about collusion”.⁸²⁶ Bizimungu further asserts that the Trial Chamber should have disregarded Witness DBH’s evidence as it was doubtful whether the crimes she described occurred after he became Chief of Staff of the Rwandan army.⁸²⁷ Finally, he maintains that the Trial Chamber erred in holding him responsible for killings at the Musambira Commune office because it accepted the evidence of Witness DBB that those crimes were committed by Interahamwe and police, not by soldiers.^828" 

 

823 Bizimungu Notice of Appeal, para. 216; Bizimungu Appeal Brief, paras. 482, 486. 824 Bizimungu Notice of Appeal, para. 213; Bizimungu Appeal Brief, para. 483. See also Bizimungu Reply Brief, para. 115. In his notice of appeal, Bizimungu also maintained that several parts of Witness DBH’s testimony did not support a finding that the perpetrators she described as soldiers belonged to the Rwandan army. See Bizimungu Notice of Appeal, para. 213. However, Bizimungu did not expand on this argument in his appeal brief and did not provide any references in support of his claim. The Appeals Chamber therefore understands that he has abandoned this argument.

825 Bizimungu Notice of Appeal, para. 214; Bizimungu Appeal Brief, para. 487.

826 Bizimungu Notice of Appeal, para. 214; Bizimungu Appeal Brief, para. 487. See also Bizimungu Reply Brief, para. 117.

827 Bizimungu Appeal Brief, para. 484. See also Bizimungu Reply Brief, para. 116; AT. 8 May 2013 p. 27. While Bizimungu did not raise this argument in his notice of appeal, the Appeals Chamber exercises its discretion to consider it in the interests of justice. In this regard, the Appeals Chamber notes that the Prosecution responded to this argument.

828 Bizimungu Appeal Brief, para. 485.

 

"289. The Prosecution responds that the Trial Chamber considered and reasonably rejected all of Bizimungu’s challenges to the credibility of Witnesses DBH and DBB.⁸²⁹ It further contends that Witness DBH described crimes which occurred “after her arrival” at the Musambira Commune office and that the Trial Chamber’s statement that the witness arrived there “on or about 14 April” 1994 was only an estimate.^830"

 

829 Prosecution Response Brief (Bizimungu), paras. 231, 232, 235.

830 Prosecution Response Brief (Bizimungu), para. 233, referring to Trial Judgement, para. 1188.

 

"290. The Appeals Chamber observes that the Trial Chamber expressly considered and rejected Bizimungu’s assertions that Witness DBH’s credibility was undermined by her membership in the IBUKA organization and that Witness DBB’s initial denial of knowing Witness DBH was evidence of collusion between the two witnesses.⁸³¹ The Trial Chamber also took into account that Witness DBH exaggerated the number of victims at the Musambira Commune office.⁸³² Beyond repeating these arguments on appeal and maintaining that the Trial Chamber should have reached a different conclusion, Bizimungu does not advance any argument to show that the Trial Chamber erred in its assessment. His argument that the Trial Chamber’s finding on collusion rested on the application of an incorrect standard of proof is unsubstantiated.⁸³³ Accordingly, these submissions are dismissed."

 

831 Trial Judgement, paras. 1189, 1191.

832 Trial Judgement, para. 1188.

833 Bizimungu Appeal Brief, para. 487; Bizimungu Reply Brief, para. 117.

 

"291. With respect to Bizimungu’s submission on the timing of the crimes observed by Witness DBH, the Appeals Chamber notes that the Trial Chamber inferred from Witness DBH’s trial testimony that she arrived at the Musambira Commune office on or around 14 April 1994.⁸³⁴ The Appeals Chamber observes that nothing in the Trial Judgement or the evidence of Witness DBH, relied on by the Trial Chamber, indicates that she arrived at the Musambira Commune office after 14 April 1994.⁸³⁵ Furthermore, the witness testified that, immediately upon her arrival, Interahamwe under the leadership of Abdulhamane started attacking and killing the Tutsi refugees assembled there.⁸³⁶ While she maintained that “[l]ater on, the soldiers came” and also killed people,⁸³⁷ it is clear that she was referring to the same attack.⁸³⁸ Witness DBH was unable to specify whether this attack continued the day after her arrival at the commune office.⁸³⁹ She further stated that, right after the attack, she and other survivors were taken to the Musambira dispensary; she stayed at that location for two days; and, during that time, soldiers came and took her and other female Tutsi refugees away to rape them.^840"

 

834 See Trial Judgement, para. 1188.

835 Witness DBH stated that, following the death of President Habyarimana, of which she heard on 7 April 1994, she hid in a banana plantation for one week and then went to the Musambira commune office. See Witness DBH, T. 20 June 2005 pp. 4, 5, 45; T. 23 June 2005 p. 22.

836 Witness DBH, T. 20 June 2005 pp. 5, 6; T. 21 June 2005 p. 11.

837 Witness DBH, T. 20 June 2005 p. 6.

838 See Witness DBH, T. 20 June 2005 pp. 6-8; T. 21 June 2005 pp. 25, 26, 30.

839 See, in particular, Witness DBH, T. 21 June 2005 p. 33, where the witness was expressly asked how long the killings lasted approximately and did not answer this question. See also Witness DBH, T. 21 June 2005 p. 35, where the witness was asked how long it took her and other survivors to bury the victims of the attack and stated that she could not give any specific time.

840 Witness DBH, T. 20 June 2005 pp. 8-14; T. 22 June 2005 pp. 1, 2.

 

"292. The Appeals Chamber considers that nothing in Witness DBH’s trial testimony indicates that soldiers were involved in the killing of Tutsi refugees after about 14 April 1994. Furthermore, it appears that the rapes to which Witness DBH testified occurred between on or around 14 and 16 April 1994. The killings and rapes described by Witness DBH thus took place before Bizimungu assumed his position as Chief of Staff of the Rwandan army on 19 April 1994.⁸⁴¹ The Appeals Chamber therefore concludes that Bizimungu could not have been held responsible for these crimes as a superior pursuant to Article 6(3) of the Statute and that the Trial Chamber erred in finding otherwise.^842"

 

841 See Trial Judgement, para. 90, where the Trial Chamber observed that Bizimungu was appointed to this position on 16 April 1994 and assumed office on 19 April 1994.

842 Cf. Prosecutor v. Enver Hadžihasanovi} et al., Case No. IT-01-47-AR72, Decision on Interlocutory Appeal Challenging Jurisdiction in Relation to Command Responsibility, 16 July 2003 (“Hadžihasanovi} et al. Appeal Decision of 16 July 2003”), paras. 40-56. The Appeals Chamber recalls that it has affirmed the principle enunciated in the Hadžihasanovi} et al. Appeal Decision of 16 July 2003 elsewhere in this Judgement. See infra paras. 369, 370. Having found that the Trial Chamber erred in relying on the evidence of this witness, the Appeals Chamber does not consider it necessary to address Bizimungu’s assertion that, according to Witness DBB, the killings at the Musambira Commune office were carried out by Interahamwe and police.

 

"293. The Appeals Chamber notes that Witness DBH’s testimony was the only evidence adduced in support of the allegations that soldiers were involved in rapes at Musambira and killings at the Musambira Commune office.⁸⁴³ Accordingly, the Appeals Chamber reverses Bizimungu’s conviction to this extent. However, Bizimungu’s conviction related to killings of Tutsi refugees from the Musambira dispensary in late April 1994, based on the testimony of Witness DBB,⁸⁴⁴ remains undisturbed."

 

843 See Trial Judgement, paras. 1107-1109, 1187-1192.

 

844 See Trial Judgement, paras. 1109, 1190.

P.2. Evidence of killing by particular methods.

Prosecutor v. Augustin Bizimungu, Case No. ICTR-00-56B-A, Judgement (AC), 30 June 2014, paras. 223-231 :

http://www.legal-tools.org/doc/2a4ad3/

 

223. The Trial Chamber found that Tutsi refugees at the Butare Prefecture office and the EER were abducted and killed by soldiers and Interahamwe^{. 645} With respect to the Butare Prefecture office, the Trial Chamber based this conclusion on: (i) Prosecution Witness XY’s testimony that she saw soldiers and Interahamwe take away her friend Marie and other refugees from that location and that when Marie returned she told her that the other refugees had been killed;⁶⁴⁶ and (ii) Prosecution Witness QBP’s testimony that Minister Pauline Nyiramasuhuko instructed soldiers and Interahamwe at the prefecture office to rape female Tutsi refugees, that, on this occasion, three daughters of the witness’s neighbour were taken to their parents’ house and killed, and that other refugees were also taken away to be killed.⁶⁴⁷ With respect to the EER, the Trial Chamber considered that Witnesses XY and QBP both saw soldiers and Interahamwe take away male Tutsi refugees and that, at one point, Witness QBP observed soldiers kill seven male refugees.⁶⁴⁸

 

645 Trial Judgement, para. 1449.

646 Trial Judgement, para. 1449.

647 Trial Judgement, paras. 1440, 1449.

648 Trial Judgement, paras. 1438, 1449.

 

224. Bizimungu submits that the Trial Chamber erred in finding him responsible for the killings at the Butare Prefecture office and the EER.⁶⁴⁹ He contends that the only eye-witness account of those events came from Witness QBP, whose evidence that soldiers killed seven people was challenged by the Defence at trial for lack of notice.⁶⁵⁰ Regarding Witness XY, Bizimungu asserts that her trial testimony was inconsistent “in several ways” with her previous statements.⁶⁵¹

 

649 Bizimungu Appeal Brief, para. 461. 6

50 Bizimungu Notice of Appeal, para. 200; Bizimungu Appeal Brief, para. 461, referring to Witness QBP, T. 5 September 2005 pp. 42, 43. See also Bizimungu Reply Brief, para. 106; AT. 7 May 2013 p. 67. In his notice of appeal, Bizimungu further contends that Witness QBP’s credibility was “strongly called into question” and that her evidence was not sufficiently corroborated. See Bizimungu Notice of Appeal, para. 201. However, since Bizimungu does not address and expand on this argument in his Appeal Brief, it is summarily dismissed.

651 Bizimungu Appeal Brief, para. 461, referring to Witness XY, T. 14 March 2006. See also Bizimungu Reply Brief, para. 107.

 

225. The Prosecution responds that Witness QBP’s pre-trial statement referred to killings of refugees by soldiers and Interahamwe and that the witness merely provided further details on these incidents during her trial testimony.⁶⁵² In relation to Witness XY, the Prosecution contends that a trial chamber enjoys broad discretion in assessing evidence and is not required to reject a witness’s testimony because of inconsistencies.⁶⁵³

 

652 Prosecution Response Brief (Bizimungu), para. 209.

653 Prosecution Response Brief (Bizimungu), para. 212.

 

226. The Appeals Chamber notes that Witness QBP did not mention the commission of crimes at the EER in her May 1999 statement to Tribunal investigators,⁶⁵⁴ which was disclosed to Bizimungu in 2002.⁶⁵⁵ The Prosecution Pre-Trial Brief repeated the allegation made in the Indictment⁶⁵⁶ that Bizimungu was responsible for killings by soldiers and Interahamwe at the EER.⁶⁵⁷ However, the summary of Witness QBP’s anticipated trial testimony attached to the Prosecution Pre-Trial Brief only indicated that she would give evidence about “attacks including rape and other degrading treatments against the Tutsi refugees at various locations in Butare Prefecture”, including the Butare Prefecture office.⁶⁵⁸ It did not refer to the EER, killings, or the fact that Witness QBP’s testimony was related to the charge of murder.⁶⁵⁹ Significantly, it designated Ndindiliyimana as the only accused to whom Witness QBP’s evidence would be relevant.⁶⁶⁰

 

                654 Defence Exhibit 54.

655 The Prosecutor v. Augustin Ndindiliyimana et al., Case No. ICTR-00-56-I, Bizimungu, Augustin Disclosure, 16 September 2002, pp. 6420-6426 (Registry pagination).

656 Indictment, para. 89.

657 Prosecution Pre-Trial Brief, para. 58.

658 Prosecution Pre-Trial Brief, p. 86.

659 Prosecution Pre-Trial Brief, p. 86.

660 Prosecution Pre-Trial Brief, p. 86.

 

"227. When Witness QBP stated during her examination-in-chief that soldiers killed seven people at the EER, Bizimungu’s defence counsel requested the exclusion of this evidence for lack of prior notice, arguing, in particular, that he had not been able to prepare for cross-examination because he was unaware that Witness QBP was going to testify about the event.⁶⁶¹ The Trial Chamber observed that killings at the EER were charged in the Indictment and alleged in the Prosecution Pre-Trial Brief, but that the Prosecution had not mentioned the word “killing” in the summary of Witness QBP’s anticipated trial testimony.⁶⁶² The Trial Chamber therefore allowed the continued examination of Witness QBP, allotted the Defence three months to conduct investigations, and stated that it would recall the witness, if necessary, based on a motion to be filed by the Defence.^663"

 

661 Witness QBP, T. 5 September 2005 pp. 42-44, 53, 54, 57-65, 67, 68.

662 Witness QBP, T. 5 September 2005 p. 70.

663 Witness QBP, T. 5 September 2005 p. 70.

 

"228. The Appeals Chamber recalls that a trial chamber enjoys discretion to decide on the general conduct of the proceedings.⁶⁶⁴ In particular, a trial chamber may admit any relevant evidence which it deems to have probative value, provided that the fair trial rights of the accused are respected.⁶⁶⁵ In this instance, the Trial Chamber’s ruling reflects that it found the evidence relevant and probative of the charges in the Indictment. Likewise, it considered that a remedy could be granted if the witness’s evidence prejudiced Bizimungu based on the Prosecution’s failure to provide notice before Witness QBP’s appearance in court that she would testify about killings by soldiers at the EER."

 

664 Cf. Kanyarukiga Appeal Judgement, para. 52; Rukundo Appeal Judgement, para. 147.

665 Rules 89(B) and (C) of the Rules.

 

"229. Bizimungu’s arguments fail to demonstrate any legal error or prejudice suffered. A review of the trial record shows that counsel for Bizimungu cross-examined Witness QBP on the events at the EER, including the killing of Tutsi refugees by soldiers there.⁶⁶⁶ While the Trial Chamber concluded the cross-examination even though Bizimungu’s counsel objected that he was not yet finished,⁶⁶⁷ Bizimungu neither at that point nor in his Closing Brief⁶⁶⁸ argued that he needed more time to challenge the witness’s evidence about killings at the EER. Moreover, Bizimungu did not file a motion seeking to recall Witness QBP. Accordingly, Bizimungu does not demonstrate that the Trial Chamber erred in relying on Witness QBP’s evidence in support of its finding that soldiers killed Tutsi refugees at the EER.^669"

 

666 Witness QBP, T. 6 September 2005 pp. 82-85, 88-92.

667 Witness QBP, T. 7 September 2005 p. 43.

668 Bizimungu Closing Brief, paras. 1046-1061.

669 The Appeals Chamber notes that the Trial Chamber only referred to a prior statement given by Witness QBP when discussing her evidence about Nyiramasuhuko’s presence at the Butare Prefecture office and the removal and killing of refugees by soldiers and Interahamwe. See Trial Judgement, para. 1440, 1449, fns. 2518-2521, 2546. Notwithstanding, the Appeals Chamber observes that Witness QBP also testified about these events in court. See Witness QBP, T. 5 September 2005 pp. 52, 53, 71-74, 78; T. 7 September 2005 p. 34. Bizimungu does not challenge that the Trial Chamber does not cite to her in-court testimony.

 

"230. With respect to Witness XY, the Appeals Chamber notes that Bizimungu does not point to any specific discrepancy in her trial testimony.⁶⁷⁰ Moreover, while Witness XY provided a statement to Tribunal investigators in 1997,⁶⁷¹ this statement was not admitted into evidence in this case. The Appeals Chamber is therefore unable to assess Bizimungu’s claim that Witness XY’s testimony was inconsistent with her prior statement. Consequently, the Appeals Chamber finds that Bizimungu does not demonstrate that the Trial Chamber erred in relying on the evidence of this witness."

 

670 Bizimungu Appeal Brief, para. 461, referring to Witness XY, T. 14 March 2006. See also Bizimungu Reply Brief, para. 107.

671 Witness XY, T. 13 March 2006 pp. 26, 27.

 

"231. Accordingly, the Appeals Chamber concludes that Bizimungu has failed to show that the Trial Chamber erred in finding that soldiers were involved in the killing of Tutsi refugees at the Butare Prefecture office and the EER."

 

P.2.1. Evidence of shooting to death.

A. Legal source/authority and evidence:

Prosecutor v. Vlastimir Dorđević, Case No. IT-05-87/1-A, Judgement (AC), 27 January 2014, para. 756-757:

"756. The Appeals Chamber, Judge Tuzmukhamedov dissenting, considers that Dorđević misstates the Trial Chamber’s findings. The Trial Chamber found that approximately 114 Kosovo Albanian men and young boys, including Hysni Hajdari, were forced by MUP forces into the Batusha Barn.2237 MUP forces opened fire on these men and boys and then set the barn on fire.2238 Ten of the Kosovo Albanian men escaped2239 and the remaining 104 died either as a result of being shot or burnt in the Batusha Barn.2240 The Trial Chamber further found that two of the men who managed to escape the barn as it burned were subsequently shot and killed by MUP forces.2241 It further considered that Mehmet Krasniqi, one of the ten individuals who escaped the barn, saw the body of Hysni Hajdari, who was unarmed and had sustained a gunshot wound.2242

757. On the basis of these findings, the Trial Chamber concluded that the only reasonable inference was that Hysni Hajdari died as a result of gunshot wounds inflicted by MUP forces while he was in the Batusha Barn, or as he attempted to escape.2243 The Appeals Chamber, Judge Tuzmukhamedov dissenting, therefore considers that the Trial Chamber reasonably considered ample evidence as to the circumstances surrounding Hysni Hajdari’s death. In this context, Dorđević simply suggests that the inference remained that after escaping the Batusha Barn, Hysni Hajdari proceeded to join the KLA on the same day and may have been killed in combat, but fails to point to any evidence supporting such theory or otherwise articulate an error.2244 Dorđević has therefore not demonstrated an error."

2237 Trial Judgement, paras 490, 493, 1395.

2238 Trial Judgement, paras 490, 493, 1395, 1717.

2239 Trial Judgement, para. 1717.

2240 Trial Judgement, paras 490, 1717.

2241 Trial Judgement, paras 491, 1718.

2242 Trial Judgement, para. 493.

2243 Trial Judgement, paras 493, 1718.

2244 See supra, para. 700.

<link http www.legal-tools.org doc _blank>The Prosecutor v. Vlastimir Dordević, Case No. IT-05-87/1, Judgement (TC), 23 February 2011, para. 1716, 1718:

1716. [T]he Chamber also found that in Mala Krusa/Krus?-e-Vog?l on 26 March 1999, Hysen Ramadani was shot by MUP forces. Although no forensic evidence was led in relation to Hysen Ramadani’s death, the eyewitness evidence satisfies the Chamber that he died as a result of being shot by MUP forces. It was reported that he was last seen alive on the day of the above mentioned shooting. Hysen Ramadani was unarmed at the time of his killing and not participating in the hostilities. The Chamber is satisfied in the circumstances that he was deliberately shot and that the perpetrators had the requisite intent to commit murder.

1718. [I]t was also found to be established, that two of the men who managed to escape from the barn as it burned, were then shot by Serbian forces which included members of the MUP. A forensic examination of the remains of these two victims, Adnan Shehu and Refki Rahskaj, was inconclusive. Nevertheless, the Chamber is satisfied from eyewitness evidence that these two young men died as a result of being shot by Serbian forces on 26 March 1999. The men were unarmed, and were making good their escape from the burning Batusha barn when taken prisoner by the Serbian forces. They were ordered to put their hands on their heads and were deliberately shot. The Chamber is satisfied that the perpetrators had the requisite intent to murder these two young men.

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. 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. 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 [..]"

"1176. Kemal Mehmedovic, T. 1283- 84. Witness P-130’s testimony corroborates this incident; T. 6609. See also? Mevludin Oric, T. 1355."

"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 Mehmedovic, T. 1285; Mevludin Oric, 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 Mehmedovic, T. 1284- 85; Mevludin Oric, T. 1355-56; Witness P-110, KT. 2825.

1207. Kemal Mehmedovic, T. 1285.

1208. Mevludin Oric, T. 1357.

1209. Kemal Mehmedovic, T. 1285- 86; Mevludin Oric, T. 1356-57.

1210. Kemal Mehmedovic, 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 Mehmedovic, T. 1286- 89; Mevludin Oric, T. 1358; Witness P-110, KT. 2825.

1212. Mevludin Oric, 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 Mehmedovic, T. 1286- 87. Kemal Mehmedovic recognised the voice of his colleague, and he heard that the other soldiers used the name Gojko. Kemal Mehmedovic, T. 1287.

1214. Dragan Obrenovic, T. 2537- 38. Dragan Obrenovic testified that he learned that Gojko Simic was on leave on 14 July. Dragan Obrenovic, 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 exchangedWitness 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"

"980. This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.

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 Elkasovic, ex. P566, T . 4612-4614; Draguna Jaskic, ex. P567, T. 4505-4506.

986. Senila Elkasovic, ex. P566, T . 4602.

987. Senila Elkasovic, 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).

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.

1007. BT-33, ex. P1544, T. 3947-3949 (under seal)."

"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"

"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 Begic, 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."

"1182. BT-37, ex. P555, T. 2523, 2527 (under seal)."

"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."

<link http www.legal-tools.org doc _blank>Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 333 – 334, 338, 355, 375, 403:

"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 […]"

"745. T. 12 July 2001, pp. 46-47; T. 17 July 2001, p. 14 (GBG)."

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"

"409. Samir Poljak, T. 6347-49."

"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"

"647. Witness C, T. 2310-11."

<link http www.legal-tools.org doc _blank>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, para. 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.2.2. 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’ 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]"

"[92] T., 29 July 2003, pp. 51 to 54; T., 30 July 2003, pp. 21 to 22."

 

Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, para. 639:

"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]"

"[975] T. 2 October 2001 pp. 42-44, 48-53, 89; T. 3 October 2001 pp. 64-65, 75-77. See also Fr. T. 2 October 2001 pp. 60-61."

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.2.3. 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. 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"

"608. Witness U, T. 6246; Idriz Merdzanic, T. 7739."

[B. Evidentiary comment:]

P.2.5. Evidence of arson causing death.

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc _blank>The Prosecutor v. Vlastimir Dordević, Case No. IT-05-87/1, Judgement (TC), 23 February 2011, para. 1715:

1715. The intent of the perpetrators to murder these victims is evidenced by the fact that their houses were deliberately set on fire, with the victims inside, when the victims refused to leave their houses. Notwithstanding the absence of specific forensic evidence as to the cause of death, the Chamber is satisfied, in the circumstances, that the only reasonable inference is that these nine Kosovo Albanians, listed by name earlier in this Judgement, were murdered by Serbian police in Mala Krusa/Krus?-e-Vog?l on 25 March 1999.

<link http www.legal-tools.org doc af5ad0 _blank>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"

"1107. Ex. P2008, "Exhumations and Proof of Death "Autonomous Region of Krajina", Nicolas Sébire, 16 May 2003", 02927989 -02927999; Rasim Cirkic, T. 17862."

 

[B. Evidentiary comment:]

P.2.6. Evidence of death caused by beatings.

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc _blank>The Prosecutor v. Ljube Boskoski and Johan Tarculovski, CaseNo. IT-04-82, Judgement (TC), 10 July 2008, para. 331:

331. The evidence satisfies the Chamber, and it finds, from the extent and variety of the injuries to his body, that Atulla Qaili was repeatedly, extensively and most brutally beaten. Very considerable physical force was inflicted. Its effect was to cause death by the means set out in the report of the autopsy conducted on 14 August. The Chamber accepts from the evidence that Atulla Qaili had been mistreated before he reached Mirkovci police station. At the police station, however, he was further and severely beaten. The Chamber cannot exclude that some of the injuries noted in the autopsy report were inflicted before he reached the Mirkovci police station. It does not understand Dr Jacovski to exclude the injuries being inflicted over some hours by his statement from his findings in 2002 that the injuries were inflicted "at the same time". The word "time" has a relative temporal context in the Chamber’s understanding. The Chamber finds that by the last stages of the beatings of Atulla Qaili, which occurred at Mirkovci police station, the seriousness of the nature and effects of earlier mistreatment would necessarily have been obvious to the person or persons who continued it. The Chamber therefore concludes that this person or persons continued to beat Atulla Qaili in the knowledge that by doing so his death was a probable consequence of his or their actions.

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"

"1132. Enis Sabanovic, T. 6518-6520 ; Muhamed Filipovic, T. 9621.

1133. Ex. P2015a and P2015b, "Reports on the autopsy of the bodies of Esad Bender and Omer Filipovic".

1134. Enis Sabanovic, T. 6657.

1135. Sakib Muhic, T. 8139; Muhamed Filipovic, T. 9623.

1136. Atif Dzafic, ex. P1123, 92bis statement, 2004688; Enis Sabanovic, T. 6657.

[…]

1138. Enis Sabanovic, T. 6522; Adil Draganovic, T. 5093; BT-36, T. 11064, 11066 (closed session)."

"461. […]The Trial Chamber is satisfied that numerous detainees were killed at the Petar Kocic school. One of them was beaten to death.¹²¹¹"

"1211. BT-56, T. 17481-17482."

"464. At the same time, a prison for Bosnian Muslim men from the region was set up in the ‘Apoteka’ building in Pribinic, which prior to the outbreak of conflict had been used for storage purposes.¹²²⁶ Dragan Babic, 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 Pribinic.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:]

<link http www.legal-tools.org doc a34f45 _blank>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.2.8. Evidence of death resulting from the demolition of buildings

<link http www.legal-tools.org doc e0084d _blank>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."

 

P.3. Evidence of killing by combined methods.

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. 276 – 277, 299 – 300, 303:

"276. On the evening of 12 July, prisoners were detained in a warehouse-looking building called the hangar, which was located behind the Vuk Karadzic School.⁹⁸⁹ The hangar became so full that there was not enough space for everyone to sit down and the detained men complained that they would suffocate due to the lack of space and air.⁹⁹⁰ The soldiers threatened to kill them if they did not keep silent.⁹⁹¹ One of the survivors testified after soldiers asked the prisoners where they were from. One man who responded was taken from the hangar, and the prisoners then heard blunt blows and his screams and moans.⁹⁹² When the screams stopped, the soldiers came back with flashlights and called out again for people from various towns to identify themselves. When no prisoners responded, the soldiers selected people at random with the beam of a flashlight.⁹⁹³ […]

277. […] Prisoners returning from the toilet would be selected at random and killed.⁹⁹⁸"

"989. Momir Nikolic, T. 1753-54; Witness P-110, KT. 2800-01, 2803. Witness P-110 testified that "approximately 10 to 15 soldiers were waiting for the buses at the hangar"; Witness P-110, KT. 2801; Nenad Djokic, 5446-67, testifying that the hangar was within the school area; Witness P-135, T. 5739, testifying that the hangar was used for the training of car mechanics.

990. Witness P-110, KT. 2801-03.

991. Witness P-110, KT. 2803.

992. Witness P-110, KT. 2804.

993. Witness P-110, KT. 2803-04.

[…]

998. Witness P-110, KT. 28006-7,testifying that the prisoners were struck on the head with an iron rod by one soldier, and hit in the back with the blade of a hatchet by another soldier."

"299. On the morning of 14 July soldiers were asking if anyone was alive or wounded.¹⁰⁷⁵ Witness P-107 gave evidence that the soldiers promised that the Red Cross had come and would take the wounded to the hospital. He described that "whoever could walk and crawl out of the warehouse, they came out."¹⁰⁷⁶ Then one soldier, who was in command of the others, ordered the survivors to sing Serb songs:

300. The commander of the 2nd Sekovici Detachment of the Special Police Brigade, Milos Stupar, testified that an incident that happened in the Kravica Warehouse in the late afternoon on 13 July caused the killing of all the detainees in the warehouse. Milos Stupar testified that while he was at the Sandici Meadow, one of his MUP officers went with the deputy commander of the 2nd Sekovici Detachment to the warehouse to see a neighbour who was among the Bosnian Muslim men being detained at the warehouse.¹⁰⁷⁸ The MUP officer was killed and the deputy commander of the detachment was injured when a Muslim prisoner allegedly grabbed the automatic rifle of one of the Bosnian Serb soldiers. Milos Stupar claimed that after his injured deputy commander had left the warehouse, the soldiers outside opened fire.¹⁰⁷⁹ According to Momir Nikolic, the "special brigade of the MUP", which included members of the 2nd Sekovici Detachment, was involved in the Kravica Warehouse killings.¹⁰⁸⁰ Milos Stupar, the commander of the 2nd Sekovici Detachment of the Special Police Brigade, testified that when he drove past the Kravica Warehouse on 13 July to pick up the wounded deputy commander of the Detachment, he saw soldiers he did not know firing their guns.¹⁰⁸¹"

"1075. The soldiers said that anyone who was alive, should come out and join their army. Witness P-106, T. 1223.

1076. Witness P-107, KT. 2534. Witness P-106 also testified that those who responded to the question if anyone was alive or wounded were killed. Witness P-106, T. 1223.

1077. Witness P-107, KT. 2535.

1078. Milos Stupar, T. 8345.

1079. Milos Stupar testified that he was told about the incident by Rade Cuturic, who got wounded, when he drove him to the hospital; Milos Stupar, T. 8346-48, 8354. Milos Stupar also told Dragan Obrenovic about the incident on 15 July; Dragan Obrenovic, T. 2528. In Ex. P464 (book on wounded soldiers, 1992-1996) the name of the wounded MUP officer Rade Cuturic nicknamed "Oficir" is listed with a time stamp saying 17:40 on 13 July 1995, and the name of the killed MUP officer Krsto Dragecevic called "Krle" saying 19:00 and "deceased "; T. 8356-58. Another witness, Witness DP-102, heard about the incident from people passing by Sandici meadow. Witness DP-102 T. 8270-72.

The Defence for Vidoje Blagojević has tendered a letter by Dragomir Vasic, the commander of the Zvornik CJB, dated 28 April 2003, concerning the Kravica Warehouse incident under Ex.D36/1. The Trial Chamber does not find that the evidence presented in this letter has sufficient probative value to be considered, due to the fact that the letter contains hearsay evidence which has not been examined through examination -in-chief and cross-examination.

1080. Momir Nikolic learned about their participation on 14 July. Momir Nikolic, T. 1737. Momir Nikolic also testified that one of the people who told him about the Kravica Warehouse massacre was Miodrag Josipovic, chief of the public security station. Momir Nikolic, T. 1734.

1081. Milos Stupar, T. 8352. "

Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-T, Judgement (TC), 1 September 2004, paras. 403 – 404, 409 – 417, 420 – 421, 424 – 426, 428 – 430, 434, 441 – 443, 449 – 453, 459 – 461:

"403. The Trial Chamber is satisfied that at least 80 Bosnian Muslim civilians were killed when Bosnian Serb soldiers and police⁹⁶³ entered the villages of the Kozarac area.⁹⁶⁴ Killings occurred randomly,⁹⁶⁵ and the population that had not yet fled was threatened that they would also be killed.⁹⁶⁶ A number of Bosnian Muslim employees of the Kozarac police station were killed.⁹⁶⁷ Patients at the medical centre in Kozarac died as a result of shelling wounds and other injuries when the centre was shelled.⁹⁶⁸ When a doctor tried to negotiate the evacuation of two injured children, one of whom had her legs completely shattered, he was told over the radio "Die, balijas, we're going to kill you anyway".⁹⁶⁹

404. When the fighting broke out, a group of approximately 100 Bosnian Muslims and Bosnian Croats from the Kevljani area tried to escape on foot across the Kozara mountain range.⁹⁷⁰ After a night in the woods, the group was arrested by armed Bosnian Serbs wearing different kinds of uniforms.⁹⁷¹ One man was shot dead after a Croatian passport was found on him.⁹⁷² The group was brought to the Benkovac training grounds⁹⁷³ which, prior to the conflict, were used for military purposes.⁹⁷⁴ These grounds had been turned into a detention camp run by the military.⁹⁷⁵ The detained group was ordered to line up in front of a building, and a Bosnian Serb soldier with the last name of Romanic singled out four persons. They were taken to one of the rooms inside the building and shot dead, apparently in retaliation for Romanic's brother who had been killed in Croatia.⁹⁷⁶ A religious leader known as the 'Hodza' was beaten to death by the soldiers.⁹⁷⁷ In the course of the day, 60 individuals were taken to the woods in groups, from where one could hear bursts of gunfire.⁹⁷⁸ The Trial Chamber finds that these persons were killed. Those not killed at the Benkovac barracks were put on buses and taken to Omarska camp.⁹⁷⁹"

"959. Mevludin Sejmenovic, ex. P1533 , T. 4672-4673; Mirsad Mujadzic, ex. P1601, T. 3583.

960. Idriz Merdzanic, T. 11753-11754 .

961. Mevludin Sejmenovic, ex. P1533 , T. 4673; BT-38, ex. P556, T. 1610 (under seal); Samir Poljak, ex. P1521, T. 6333 .

962. BT-38, ex. P556, T. 1610 (under seal).

963. Mevludin Sejmenovic, ex. P1533, T. 4709.

964. Ex. P1416, "Report on Elimination of Green Berets in the Wider Area of Kozarac Village", is a strictly confidential report from the 1st KK Command of 27 May 1992. It claims that following the onslaught on Muslim villages in the Prijedor region by the 343rd Motorised Brigade, "... the area was entirely freed of Green Berets". The report states that between 80-100 ’Green Berets’ were killed during the operation.

965. Mevludin Sejmenovic, ex. P1533, T. 4709-4710, 4680-4682; Idriz Merdzanic, T. 11760.

966. Mevludin Sejmenovic, ex. P1533, T. 4709.

967. Nusret Sivac, ex. P1547, T. 6764; BT-44, ex. P565, T. 3197 (under seal).

968. BT-38, ex. P556, T. 1613-1614 (under seal).

969. Idriz Merdzanic, T. 11755.

970. Samir Poljak, ex. P1521, T. 6338 -6341.

971. Samir Poljak, ex. P1521, T. 6342 -6344.

972. Samir Poljak, ex. P1521, T. 6345 -6346.

973. BT-35, ex. P563, T. 6815 (under seal).

974. BT-35, ex. P563, T. 6809 (under seal).

975. BT-35, ex. P563, T. 6813 (under seal); Samir Poljak, ex. P1521, T. 6353. According to BT-44, ex. P565, T. 3197 (under seal), the grounds were under the command of Radmilo Zeljaja, whereas BT-35 , ex. P563, T. 6814 (under seal) claims that the camp commander was Radovan Ciganovic (‘Cigo’).

976. BT-35, ex. P563, T. 6821-6823 (under seal); Samir Poljak, ex. P1521, T. 6347-6349.

977. BT-35, ex. P563, T. 6826-6827 (under seal).

978. BT-35, ex. P563, T. 6823, 6827 (under seal).

979. BT-35, ex. P563, T. 6830-6831 (under seal); Samir Poljak, ex. P1521, T. 6353-6354."

"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 Around 20 individuals were killed at a bus stop between Alagici and Cemernica.⁹⁹⁹ […]

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

411. Brisevo is a village belonging to the local commune of Ljubija. Prior to the conflict, it was inhabited mainly by Bosnian Croats.¹⁰⁰⁸ On 27 May 1992, the village was shelled with mortars coming from the direction of Rasavci and Ostra Luka, two predominantly Bosnian Serb villages east of Brisevo.¹⁰⁰⁹ Before the shelling, Bosnian Serb authorities in the area had requested that all weapons in the village be surrendered. Weapons were handed over to the Bosnian Serbs in Rasavci, despite there only being legally owned hunting rifles and pistols.¹⁰¹⁰

412. In the early morning hours of 24 July 1992, Bosnian Serb military launched an attack on Brisevo.¹⁰¹¹ Mortar shells landed on the houses, and the residents hid in cellars.¹⁰¹² The shelling continued throughout the day and, on the next day, infantry fire joined the artillery. On the evening of 25 July 1992, Bosnian Serb infantry entered Bri sevo.¹⁰¹³ The soldiers wore JNA uniforms with red ribbons around their arms or helmets. Some had 'Cetnik' insignia such as 'Subara' hats.¹⁰¹⁴ Pero Dimac, an elderly Bosnian Croat, was forced to take off his clothes, was hit with a bible, and was eventually shot in the head by Bosnian Serb soldiers.¹⁰¹⁵ The Trial Chamber is satisfied that during the attack on Brisevo, at least 68 persons were killed, 14 of whom being women.¹⁰¹⁶

413. In July 1992, Bosnian Muslim civilians detained in Miska Glava were transferred to the Ljubija football stadium, located in Gornja Ljubija.¹⁰¹⁸ Many civilians were already confined inside the stadium, guarded by Bosnian Serb policemen and members of an intervention platoon.¹⁰¹⁹ A police officer known as ‘Stiven’ executed Irfan Nasic with a pistol from a close distance, and another Bosnian Muslim detainee, Muharem Petrovac, was split into two when a guard nicknamed ‘Duca’ fired a gun at him.¹⁰²⁰ Two men were singled out and taken to the other side of the stadium, where they were killed.¹⁰²¹ Detainees then were ordered to remove the dead bodies and put them in a bus.¹⁰²² The Trial Chamber finds that, at a minimum, 15 detainees were killed in the stadium.¹⁰²³

414. Thereafter on the same day, around 50 detainees from the Ljubija football stadium were put on a bus provided by the local public transport company and taken to an iron ore mine south-west of Ljubija, locally referred to as 'Kipe'.¹⁰²⁴ Persons were called out from the bus and executed by Bosnian Serb soldiers in groups of three.¹⁰²⁵ The bodies were thrown into a depression in the ground.¹⁰²⁶ The Trial Chamber finds that, save Elvedin Nasic and Nermin Karagic, who managed to escape, all persons travelling on that bus were killed.¹⁰²⁷

415. Tomasica is a village south of Prijedor where, prior to the conflict, both Bosnian Croats and Bosnian Serbs lived. The latter formed a majority of the population.¹⁰²⁸ On 2 December 1992, Bosnian Serb soldiers took male Bosnian Croat residents from Tomasica to the surrounding forests in order to cut wood.¹⁰²⁹ They stayed out for three consecutive days.¹⁰³⁰ On 5 December 1992, Mile Topalovic, who was returning from the woods, was shot dead at Franjo Salic's house by Bosnian Serb soldiers later identified as Mile Gvozden and Zoran Simcic.¹⁰³¹ The Trial Chamber is persuaded that these men were also responsible for the killing of another six Bosnian Croat civilians on the same day.¹⁰³²

416. The hamlet of Begici belongs to the village of Kljevci. Prior to the conflict, it was inhabited by Bosnian Muslims.¹⁰³³ On 31 May 1992, Bosnian Serb soldiers entered Begici and rounded up its inhabitants.¹⁰³⁴ Men were separated from women and children. Between 20 and 30 men were taken towards the Vrhpolje bridge¹⁰³⁵ where they were supposed to be put on buses.¹⁰³⁶

417. Jadranko Palija was in charge of leading the column of men to Vrhpolje bridge, which spans the Sana River.¹⁰³⁷ The Trial Chamber is satisfied that four Bosnian Muslim men were killed by Jadranko Palija on the way to the bridge.¹⁰³⁸ Upon arrival, the other men were ordered to take off their clothes and line up. Many Bosnian Serb soldiers in different uniforms were present.¹⁰³⁹ One of them said that 70 Bosnian Muslims had to be killed in retaliation for the death of seven Bosnian Serb soldiers in the area.¹⁰⁴⁰ Then, the Bosnian Muslim men were ordered to jump off the bridge into the Sana River one by one. Once in the water, the soldiers opened fire upon them.¹⁰⁴¹ Rajif Begic survived as he was swimming under water for about 100 metres downstream. From the place where he was hiding, he was able to observe the executions at the bridge.¹⁰⁴² The Trial Chamber finds that a total of at least 28 persons were killed in this event.¹⁰⁴³"

"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).

[…]

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.

1007. BT-33, ex. P1544, T. 3947-3949 (under seal).

1008. Ivo Atlija, ex. P1527, T. 5545 -5547.

1009. Ivo Atlija, ex. P1527, T. 5559 -5561.

1010. Ivo Atlija, ex. P1527, T. 5562 -5563.

1011. Ivo Atlija, ex. P1527, T. 5571 ; Ivo Atlija, T. 11933.

1012. Ivo Atlija, ex. P1527, T. 5571 -5573.

1013. Ivo Atlija, ex. P1527, T. 5573 .

1014. Ivo Atlija, ex. P1527, T. 5575 , 5577-5578.

1015. Ivo Atlija, ex. P1527, T. 5579 -5580.

1016. Ivo Atlija, ex. P1527, T. 5597 -5599; Ivo Atlija, T. 11967.

1017. This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.

1018. Nermin Karagic, ex. P559, T . 5225-5228; Elvedin Nasic, T. 12696.

1019. Elvedin Nasic, T. 12696-12698 .

1020. Elvedin Nasic, T. 12699-12700 .

1021. Nermin Karagic, ex. P559, T . 5233-5234.

1022. Nermin Karagic, ex. P559, T . 5237.

1023. Elvedin Nasic, T. 12698-12701 ; Nermin Karagic, ex. P559, T. 5233-5237; BT-33, ex. P1544, T. 3930-3931 (under seal).

1024. Nermin Karagic, ex. P559, T . 5241; Elvedin Nasic, T. 12697, 12702.

1025. Elvedin Nasic, T. 12702-12705 ; Nermin Karagic, ex. P559, T. 5245-5246.

1026. Elvedin Nasic, T. 12703.

1027. Nermin Karagic, ex. P559, T . 5244-5247; Ex. P2006.2, "Exhumations and Proof of Death, Municipality of Prijedor, Nicolas Sébire, 28 August 2002", 01843986-01843987.

1028. BT-31, T. 13705-13706 (private session).

1029. BT-31, T. 13712.

1030. BT-31, T. 13712.

1031. BT-31, T. 13713-13715, 13727.

1032. See ex. P739, a "Combat Report" authored by the 1st KK of 6 December 1992. Under the heading ’Unusual Incidents’ , the report acknowledges the killing of seven Croat civilians in Tomasica by Mile Gvozden, who apparently wanted to take revenge for his own brother’s death at the frontline.

1033. Rajif Begic, T. 6331-6332.

1034. Rajif Begic, T. 6336-6337.

1035. This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.

1036. Rajif Begic, T. 6338.

1037. Rajif Begic, T. 6339.

1038. Rajif Begic, T. 6340-6343.

1039. Rajif Begic, T. 6351-6352, 6389.

1040. Rajif Begic, T. 6352.

1041. Rajif Begic, T. 6353-6356.

1042. Rajif Begic, T. 6354-6355.

1043. Nicolas Sébire, ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927939-02927940; ex. P791, "Record on the Investigation and Exhumation of Bodies of Bosniaks from Mass Graves by the Bridge in Vrhpolje, Sanski Most Municipality", issued by the Lower Court in Sanski Most on 7 May 1996; Adil Draganovic, T. 5590 ; Nicholas Sébire, T. 16714. Ex. P744, "Details of Services rendered", is a handwritten log book from an unknown source. It contains information on burials between May 1992 and December 1993 and contains, under item 4, an entry about the burial of 25 people recovered from the Sana River on 1 and 2 June 1992; see BT-21, T. 8520-8521 (closed session)."

"420. Kriva Cesta is the name of an area located near the Partisan cemetery in Sanski Most.¹⁰⁵⁴ On 22 June 1992, Bosnian Serb soldiers in olive-grey and camouflage uniforms ordered around 20 Bosnian Muslim men to dig a hole in a stream flowing below Kriva Cesta.¹⁰⁵⁵ The Trial Chamber is satisfied that all but three of these men did not finish with the work because their throats were slit by Simo Simetic, one of the uniformed men.¹⁰⁵⁶ During the operation, the other soldiers pointed their guns at the men to prevent any kind of resistance.¹⁰⁵⁷"

"1054. Ahmet Zulic, T. 6901.

1055. Ahmet Zulic, T. 6903-6905.

1056. Ahmet Zulic, T. 6908-6909.

1057. Ahmet Zulic, T. 6909."

"424. On 26 May 1992, a number of masked and armed Bosnian Serbs arrived at the village of Prhovo. They rounded up the local Bosnian Muslim population and ordered them to surrender their weapons, which they did.¹⁰⁷⁵ An attack on Prhovo commenced on 1 June 1992 with heavy shooting.¹⁰⁷⁶ Marko Adamovic, a Bosnian Serb from Humici, was in command of the operation.¹⁰⁷⁷ Some of the Bosnian Serbs wore JNA camouflage uniforms, but there were also masked armed civilians.¹⁰⁷⁸ Residents were ordered to gather in front of Karanfil Osmanovic's house.¹⁰⁷⁹ Four Bosnian Muslim men were called out by name, told to run away, and then shot dead.¹⁰⁸⁰ The Trial Chamber finds that at least seven Bosnian Muslim civilians were killed during the attack on Prhovo, including a man who was dragged to death by a truck,¹⁰⁸¹ as well as two women who died because their hands or legs had been blown off.¹⁰⁸²

425. Later on, about 30 Bosnian Muslim men from Prhovo were ordered to form a column and walk to the nearby village of Peci.¹⁰⁸³ Bosnian Serb soldiers killed three Bosnian Muslim men after they had failed to drag out from the mud a military vehicle.¹⁰⁸⁴ The Trial Chamber finds that before the column reached Peci, a total of 18 men were killed, reducing the number of those that survived to 12.¹⁰⁸⁵ Sulejman Medanovic, having survived the walk, died during the following night as a result of beatings.¹⁰⁸⁶

426. The Trial Chamber is satisfied that at least 33 persons died in Prhovo village and on the road to Peci.¹⁰⁸⁷"

"1075. BT-77, T. 10337-10338.

1076. Bajro Hadzic, ex. P552, 92bis statement, 00521139.

1077. Bajro Hadzic, ex. P552, 92bis statement, 00521139; BT-77, T. 10346.

1078. BT-77, T. 10341.

1079. Ibid.

1080. BT-77, T. 10342-10343; ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire , 16 May 2003", 02927964-02927965.

1081. BT-77, T. 10341; Bajro Hadzic , ex. P552, 92bis statement, 00521139.

1082. Bajro Hadzic, ex. P552, 92bis statement, 00521139.

1083. BT-77, T. 10343, 10351.

1084. BT-77, T. 10344; ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927964-02927965.

1085. BT-77, T. 10351-10352.

1086. BT-77, T. 10353. See also exhibits P1107, P1108, P1109, records of autopsies and exhumations of mass graves in Kljuc and Prhovo, dated 13 May 1997, 24 September 1999, 25 September 1999 .

1087. Ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927964 -02927965."

"428. On 25 June 1992, Bosnian Serb soldiers and police lined up a group of Bosnian Muslims and Bosnian Croats in front of the hospital in Kotor Varos.¹⁰⁹⁸ Dusko Vujicic, a police officer, asked Miralem Avdic, one of the detainees, whether he had participated in the founding assembly of the SDA in Sarajevo. Vujicic then killed Miralem Avdic with two shots from his pistol from a close distance.¹⁰⁹⁹ The other men were then ordered to take Avdic’s body to a place where there were already other dead bodies.¹¹⁰⁰ The Trial Chamber is convinced that on that day in front of the hospital in Kotor Varos, at least two detainees were killed.¹¹⁰¹

429. The Trial Chamber is satisfied that at least three Bosnian Muslim men from Dabovci were killed after Bosnian Serb soldiers had destroyed their village in mid -August of 1992. The men, all civilians, were taken to a nearby place and were summarily executed by the soldiers.¹¹⁰²

430. The Trial Chamber is satisfied that at least eight Bosnian Muslim civilians were killed in the village of Hanifici in mid-August of 1992. Bosnian Serb forces had rounded up these persons and shot them dead in the local mosque, which was subsequently set on fire.¹¹⁰⁴ Eight bodies have been retrieved and identified from the site of the mosque.¹¹⁰⁵"

"1098. BT-97, T. 17907, 17910.

1099. BT-97, T. 17910-17912.

1100. BT-97, T. 17912.

1101. BT-97, T. 17915-17920 (T. 17916 in private session); ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927984-02927985.

1102. Elvedin Pasic, T. 19413; Fikret ?ikic, ex. P2042, 92bis statement, 0338686.

1103. This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.

1104. Idriz Alekic, 92bis statement, ex. P1895, 02119431.

1105. Ex. 2018, "Exhumation Record ", Cantonal Court Zenica, 18 August 1999; ex. P2008, "Exhumations and Proof of Death "Autonomous Region of Krajina", Nicolas Sébire, 16 May 2003", 02927987-02927988."

"434. Bosnian Serb forces attacked Bosanski Novi at the beginning of June 1992.¹¹¹⁵ The village of Blagaj is within the municipality of Bosanski Novi, and it is divided by the river Sana into Blagaj Japra and Blagaj Rijeka.¹¹¹⁶ On 11 May 1992, the inhabitants of Blagaj Japra, all of them Bosnian Muslims, were requested to surrender all weapons in their possession.¹¹¹⁷ The village was subsequently shelled a number of times.¹¹¹⁸ During the following month, several thousand Bosnian Muslims from other villages fled to Blagaj Japra because their homes had been destroyed by Bosnian Serb artillery.¹¹¹⁹ On 9 June 1992, Bosnian Serb soldiers entered Blagaj Japra, rounded up people and killed some of them randomly. The Trial Chamber finds that at least 12 individuals were killed in these events.¹¹²⁰"

"1115. BT-81, T. 13785-13786 (closed session).

1116. Midho Alic, T. 13856.

1117. Midho Alic, T. 13872.

1118. Midho Alic, T. 13873-13876.

1119. Midho Alic, T. 13882.

1120. Midho Alic, T. 13888-13890, 13894, 13896-13897; BT-49, T. 14228-14229 (closed session); BT-82, T. 13979, 13985 ; ex. P2008, "Exhumations and Proof of Death, Autonomous Region of Krajina, Nicolas Sébire, 16 May 2003", 02927931-02927933."

"441. As of late May 1992, a camp was set up at Omarska, where evidence shows that several hundred Bosnian Muslim and Bosnian Croat civilians from the Prijedor area were detained, and where killings occurred on a massive scale.¹¹⁴⁰

442. A lot of the killings at Omarska camp were committed at the building known as the ‘White House’. Incoming detainees recount that dead bodies were lying around there on various occasions, and the inside of the ‘White House’ was covered with blood.¹¹⁴¹ Killings also occurred at the ‘Red House’.¹¹⁴² Detainees were deprived of their lives in various ways. Many of them were so severely beaten that they died from their injuries.¹¹⁴³ Others were riddled by bullets, jumped on by camp guards, or strangled.¹¹⁴⁴ A large number of detainees were called out from the rooms in which they were detained and never returned.¹¹⁴⁵ If detainees were told that they should take their belongings with them, it meant that they would not return and were, in all likelihood, going to be killed.¹¹⁴⁶

443. Inmates were unofficially grouped into three categories.¹¹⁴⁷ Category one comprised intellectuals and political leaders from the Bosnian Muslim and Bosnian Croat communities, who were earmarked for elimination. Persons who associated themselves with those from the first category would fall into the second category, and the third category encompassed detainees that were in the view of the Bosnian Serb authorities the least ‘guilty’, and eventually were to be released.¹¹⁴⁸ However, in practice, people from all three categories were kept detained in the camp.¹¹⁴⁹"

"1140. Muharem Murselovic, ex. P1542 , T. 2904.

1141. BT-3, ex. P1135, T. 6200-6205 (under seal); BT-1, ex. P1619, T. 4770 (under seal).

1142. BT-3, ex. P1135, T. 6231-6233 (under seal).

1143. Muharem Murselovic, ex. P1542 , T. 2743, 2767; BT-34, ex. P558, T. 1098-1099 (under seal); BT-2, ex. P561, T. 2734-2739 (under seal); BT-42, ex. P564, T. 1918 (under seal).

1144. Kerim Mesanovic, T. 11189, BT-1, ex. P1619, T. 4766-4767 (under seal); BT-34, ex. P558, T. 1099-1100 (under seal).

1145. BT-42, ex. P564, T. 1910-1917 (under seal).

1146. BT-42, ex. P564, T. 1888 (under seal); Nusret Sivac, ex. P1547, T. 6687; Kerim Mesanovic, T. 11186-11187.

1147. Ex. P1237, "Note", 31 May 1992 . "A mixed group consisting of national, public and military security invesitigators shall be responsible for the work and categorisation of detainees." See also ex. P1305, "List of 1st category persons" dated 28 July 1992, containing 174 names of Muslim men.

1148. Kerim Mesanovic, T. 11183-11186 .

1149. Kerim Mesanovic, T. 11186."

"449. Following the Bosnian Serb attack on Kozarac at the end of May 1992, residents of that area were brought to the school and community centre in Trnopolje. They were mainly women and children, with only a few military-aged men.¹¹⁶³ The camp commander was Slobodan Kuruzovic, and the guards were Bosnian Serb soldiers from Prijedor.¹¹⁶⁴

450. The Trial Chamber finds that numerous killings occurred in Trnopolje camp. A number of detainees died as a result of the beatings received by the guards.¹¹⁶⁵ Others were killed by camp guards with rifles.¹¹⁶⁶ The Trial Chamber also finds that at least 20 inmates were taken outside the camp and killed there.¹¹⁶⁷ Trnopolje camp was officially closed down at the end of September 1992, but some of the detainees stayed there longer.¹¹⁶⁸

451. As of early June 1992, Bosnian Muslim civilians from Sanski Most and the surrounding area were brought to Manjaca camp on a large scale. Civilian and military police from both Banja Luka and Sanski Most were in charge of putting together and escorting the convoys.¹¹⁷⁰

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 […] Upon arrival of the first group at Manjaca camp, at least six prisoners were beaten and subsequently killed by policemen from Sanski Most.¹¹⁷⁷

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 […] Before the prisoners were allowed to enter the camp, one of them was stabbed by a policeman, and a bystanding man was ordered to beat the dead body with a tractor's wheelcap.¹¹⁸¹"

"1162. Samir Poljak, ex. P1521, T. 6375-6376.

1163. Idriz Merdzanic, ex. P1148, T. 7756.

1164. Emsud Garibovic, ex. P1538, T. 5823; Nusret Sivac, ex. P1547, T. 6688; Idriz Merdzanic, ex. P1148, T. 7749-7750 , 7861-7862.

1165. Idriz Merdzanic, ex. P1148, T. 7785.

1166. Idriz Merdzanic, ex. P1148, T. 7786. BT-78, ex. P562, T. 6882-6883 (under seal); BT-38, ex. P556, T. 1664-1665 . (under seal).

1167. Idriz Merdzanic, ex. P1148, T. 7786-7787; BT-33, ex. P1544, T. 3998-3999 (under seal); BT-37, ex. P555, T. 2524 -2525 (under seal).

1168. Idriz Merdzanic, ex. P1148, T. 7800.

1169. This location was visited by the Trial Chamber and the Parties during the site visit which took place in March 2004.

1170. BT-21, T. 8546-8547 (closed session); Ahmet Zulic, T. 6972; BT-104, T. 18533 (private session); ex. P663, "Note " of 6 June 1992.

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.

[…]

1177. Sakib Muhic, T. 8124-8128; Enis Sabanovic, T. 6501-6502.

1178. BT-36, T. 11062 (closed session ).

1179. BT-36, T. 11063 (closed session ); Muharem Murselovic, T. 12607.

[…]

1181. Witness BT-36, T. 11064 (closed session)."

"459. Towards late afternoon, before reaching the line of separation between Bosnian Serb and Bosnian Muslim controlled territory, shortly after Skender Vakuf and nearby Mount Vlasic, the convoy stopped.¹²⁰⁰ On one side of the road, there was a deep gorge, on the other side, a steep face of rock. The area is referred to as Koricanske Stijene.¹²⁰¹ The men from the buses were taken in a column to the edge of the cliff and ordered to kneel down.¹²⁰² The police officer in charge said: "Here we exchange the dead for the dead and the living for the living."¹²⁰³ Before the victims were executed, they cried and pleaded for their lives.¹²⁰⁴ Then the shooting started. The dead bodies fell into the abyss or were pushed over the edge, sometimes by other Bosnian Muslims prior to their own execution. Grenades were thrown into the gorge to make sure no one would survive.¹²⁰⁵ The entire operation lasted not more than half an hour.¹²⁰⁶

460. The Trial Chamber is convinced that, at a minimum, 200 men were killed on this day at Koricanske Stijene.¹²⁰⁷

461. On 22 April 1992, fighting between Bosnian Muslims and Bosnian Serb forces broke out in Bosanska Krupa.¹²⁰⁸ Bosnian Muslims from the region were detained at the Petar Kocic school in Bosanska Krupa.¹²⁰⁹ They were guarded by local Bosnian Serbs, who before the outbreak of conflict occupied civilian professions.¹²¹⁰ The Trial Chamber is satisfied that numerous detainees were killed at the Petar Kocic school. […] At least seven detainees were killed in a school room with an automatic rifle by a Bosnian Serb called Jojo Plavanjac.¹²¹² A Bosnian Serb military squad under the command of Milorad Kotur was responsible for the death of three detainees during trench-digging on a hill above the Petar Kocic school.¹²¹³"

"1200. BT-78, ex. P562, T. 6900 (under seal).

1201. BT-106, T. 21138 (closed session ).

1202. BT-106, T. 21141-21142 (closed session); BT-78, ex. P562, T. 6902 (under seal).

1203. BT-78, ex. P562, T. 6902-6903 (under seal); Emsud Garibovic, T. 12480.

1204. BT-106, T. 21143 (closed session ).

1205. BT-106, T. 21142-21143 (closed session).

1206. BT-106, T. 21143 (closed session ).

1207. Ex. P2326, entry of 4 September 1992 (under seal).

1208. BT-56, T. 17449-17450.

1209. BT-56, T. 17470-17471.

1210. BT-56, T. 17474.

[…]

1212. BT-56, T. 17488-17490.

1213. The Trial Chamber reached this finding despite of assertions that the detainees were accidentally killed by shots fired from nearby ABiH positions: BT-56, T. 17482-17484; Mirsad Palic, ex. P2040, 92bis statement, 844636-844637."

Prosecutor v. Sylvestre Gacumbitsi, Case No. ICTR-2001-64-T, Judgement (TC), 17 June 2004, paras. 136 – 137:

"136. Prosecution Witness TAQ testified that at around 8 a.m. on 16 April 1994, a group of Interahamwe led by Bagaruka and a group of soldiers led by Liamuguiza successively went to the classroom in Nyarubuye Parish building where she had taken refuge after the attack of 15 April. There were thirty refugees, including the witness, in the classroom. Bagaruka and Liamuguiza, each in turn, asked them who had authorised them to remain in there. They then left after asking them to remain on the spot. As he was leaving, Liamuguiza said that he was going to loot. The group of refugees decided to leave the classroom, and dispersed. The witness and other refugees went to the valley below. Witness TAQ saw Judge Rubanguka wandering amidst the many scattered bodies littering the parish. He was throwing pepper on the bodies to spot the survivors. The survivors were then beaten to death with clubs studded with nails. Witness TAQ left immediately after witnessing the scene.^[137] During cross-examination, Witness TAQ testified that she witnessed this scene at around 8 a.m., just after leaving the classroom, while she was in front of the nuns’ convent. She further testified that Rubanguka burned pepper in an incense burner, which he swung over the bodies.^[138]

137. Prosecution Witness TAO testified that he saw the Accused on 16 April 1994 at Nyarubuye Parish, from the latrines of the CERAI primary school where he had been hiding with his wife and two children since 15 April 1994. His hiding place was 200 metres from the parish and 40 metres from the road. The Accused allegedly arrived in the company of Evariste Rubanguka, a judge at the canton court, and another person whom, as the witness learned later, was known as Gatete. He saw them enter a bar near Nyarubuye Parish, where the witness believed they spent about 30 minutes. After leaving the bar, the Accused, Evariste Rubanguka and Gatete then allegedly headed for the parish, together with many other people, all Hutu. As they approached the parish building, Witness TAO saw Rubanguka stick a spear into the body of someone who was "already dead". He saw Rubanguka carrying another object resembling a bottle, but which he could not identify from where he was, because of the distance.Prosecutor v. André Ntagerura et al., Case No. ICTR-96-10A-T, Judgement (TC), 25 February 2004, para. 418:

"418. Witness LAC stated that after waiting for an hour, the refugees saw armed soldiers and factory guards climbing to the summit over the football field.^[956] The witness stated that the soldiers surrounded the refugees and that ten to fifteen soldiers fired on them, while other soldiers remained in the bushes.^[957] The witness stated that the refugees told the soldiers that they wanted peace but that the soldiers told the refugees to raise their hands and threw grenades at them while shooting in all directions.^[958] Witness LAC explained that he was not wounded during this attack because when they first started shooting he hid on a high hill and noted that a number of wounded people fell on him.^[959] The witness said that the soldiers' attack lasted about thirty minutes, following which the soldiers looted the refugees' property, and then they sent in the Interahamwe to finish off the survivors.^[960] The witness said that after the killings, the soldiers moved towards the tarred road and left the fie ld free for the Interahamwe to loot.^[961] He testified that when the Interahamwe started fighting amongst themselves for the looted property, he escaped and hid in a banana plantation, later crossing into the Congo on 18 April 1994.^[962]"

"956. T. 9 October 2000 pp. 37, 38-39.

957. T. 9 October 2000 pp. 38-39.

958. T. 9 October 2000 pp. 37-38.

959. T. 9 October 2000 pp. 40, 73-74.

960. T. 9 October 2000 pp. 39, 40, 74.

961. T. 9 October 2000 p. 40.

962. T. 9 October 2000 pp. 40, 50, 74-75, 82."

<link http www.legal-tools.org doc _blank>Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 323 – 324, 349, 356, 367, 376 – 377:

"323. Prosecution Witness GAF testified that nothing happened before Kamuhanda’s arrival. Before Kamuhanda’s arrival, there were no rifles, grenades, guns, machetes or Rwandan clubs. Kamuhanda brought instruments to distribute to people without any. When the Accused left, others stayed behind and started killing, including some communal police officers. The killers used rifles, grenades, machetes, Rwandan clubs and even spears. The killers were composed of Interahamwe and Hutus, but the Witness could not tell whether there were no Tutsi police officers. Among the police officers, he recognized Karezi, who lived in Gikomero. Also present were Ngarimbe and John Ntawuruhinga, reservists from Gikomero, a brigadier Nyarwaya, and another police officer by the name of Asiel whose first name he did not know.

324. Prosecution Witness GAF testified that he took refuge in a sorghum field and ran away during the night. From that location, he could see people being killed in the Compound, but not the killers in the classrooms. The Witness testified that the number of people killed that day at the Parish was approximately one thousand. The Witness was shown photographs from Prosecution Exhibit P2 and pointed out the area to the court. The Witness was also shown a video to clarify what he had identified from the photographs."

"349. […] After Kamuhanda said these words, the attackers started shooting and cutting up people who were in the classrooms. The Interahamwe ordered the Witness and other refugees to leave the classroom and lie on the ground. The attackers undressed her and the other refugees and started cutting them up when they came out of the classroom and lay on the ground. The Witness did not know if Kamuhanda was still present. The Witness was injured on her leg, chest, and back with a spear and a club, received a cut on her head with a machete, and her ear lobe was split in two. The people lying beside her were cut up, and those trying to run away were shot. According to the Witness, the massacre started about 1:00pm or 2:00pm and continued until 5:00pm when the attackers withdrew, but the local people continued to loot. The Witness estimated that there were about three thousand refugees there, of which approximately 2,500 died. […]"

"356. Prosecution Witness GEG testified that the refugees tried to escape in every direction. The attackers assaulted the refugees with rifles, guns, grenades, machetes and traditional cudgels. He ran away with his two children, but they were killed on the way. The Witness was wounded in Kayanga, in the Gikomero area, but he managed to flee because the assailants thought he was dead."

"367. Prosecution Witness GAG testified that the shooting continued and she ran towards the classrooms because her 4-year-old child was there. She hid behind a blackboard and mattress with four other women including her elder sister, while others escaped outside the classroom. From behind the blackboard, she was able to see the killings from the side, and she saw the killers standing at the classrooms doors slashing people as they ran out. The attackers put beautiful girls aside and she heard the girls cry out later. The attackers specifically told them "we are going to rape you and taste Tutsi women", to which the girls replied "instead of raping us, it is better that you kill us once and for all." […]"

"376. Prosecution Witness GEP testified that they were used to Interahamwe attacks and when they said, "work", they knew that it meant to kill. At that point, a driver moved the vehicle towards the road, and another vehicle with Interahamwe arrived. The Interahamwe started to assist in the killings. A man stepped out of this vehicle and had them stop the massacres momentarily so he could choose some girls. In closed session, the Witness testified that she heard people call him Kamina and that he had since died. […] Not more than 20 girls were picked, loaded in a vehicle and taken away, and then the massacres resumed. The vehicle carrying Kamuhanda left after the girls had been loaded into it. On cross-examination, the Defence read the Witness’ statement in which she had said that after delivering the "start working" order to the Interahamwe, "Kamuhanda then left for the commune office." The Witness replied that the vehicle was moved to allow the killing to take place, and that she did not know whether Kamuhanda went towards the commune. On cross-examination, the Witness stated that the girls were loaded into the pick-up vehicle that had arrived first, and that she did not know any of them. The Witness later learnt that the attackers raped and killed all of the girls, except one. On cross-examination, the Witness testified that she learnet the news at the camp where the Inkotanyi took those who had escaped the massacres.

377. Prosecution Witness GEP testified that the massacres resumed and that the Interahamwe, who had machetes, small hoes, axes and grenades, started cutting people, injuring her. She survived because people fell on top of her. On cross-examination, the Witness stated that the attacks took a great deal of time because of the large number of victims. On cross-examination, the Witness testified that towards the end of the day, the assailants withdrew to rest. Other survivors went through the bodies to see if anyone was alive and rescued her. She followed four men, two women, a young boy and two girls. They looked for a place of refuge, because houses were being burned everywhere. On cross-examination, the Witness stated that the only survivors she saw were those who left with her."

Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 499 – 501, 535, 539, 569, 571, 577, 607:

"499. Prosecution Witness GAO testified that he was present at Byangabo Market on the morning of 7 April 1994. The Witness affirmed that, immediately after the Accused spoke at Byangabo Market, the Interahamwe killed a young Tutsi man named Rukara. The Witness testified that a small axe was used. The Witness further testified that Michel Niyigaba, the leader of the Interahamwe, killed Rukara. The mob then apprehended Lucien [Rusiyani] (Rukara's older brother), and Musafiri (the son of Rugerasira) shot Lucien at Lucien's house.⁶⁸¹ Rukara and Lucien were Tutsi.⁶⁸²

500. Prosecution Witness GBV testified that he was present at Byangabo Market on the morning of 7 April 1994. The Witness verified that the Interahamwe killed a young Tutsi man named Rukara, though the Witness stated that the Interahamwe used a club spiked with nails. The Witness also stated that the Accused was present when Rukara was killed: however, on re-examination, the Witness testified that the Accused was "in the vicinity...in his house".⁶⁸³

501. Prosecution Witness GDQ testified that, on the morning of 7 April 1994, he met the Accused at Byangabo Market. The Accused was joined by Conseiller Ndisetse, a businessman named Baheza and Lieutenant Mburaburengero, as well as some Interahamwe that had come from Busogo and Mugogo. The Witness did not recall the time. When the Witness arrived, the Interahamwe immediately killed two young Tutsis, Rukara and his elder brother Rudasingwa [Lucien], in the Accused's presence.⁶⁸⁴ Rukara was killed with an axe and Rudasingwa [Lucien] was beaten to death with sticks.⁶⁸⁵"

"681. T. 23 July 2001, pp. 16, 25, 58; T. 27 November 2001, p. 12

682. T. 23 July 2001 pp25-26

683. T. 4 July 2001, pp. 105-108, 126; T. 5 July 2001, pp. 114-116, 159

684. T. 5 December 2001 p.26

685. T. 5 December 2001, pp. 25-26, 105"

"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).

"539. Defence Witness RGM testified that two military vehicles, carrying soldiers armed with firearms and grenades arrived at Rwankeri from Mukamira military camp in the forenoon. The soldiers arrived under the orders of Lieutenant Mburuburengero. The Witness recognised some of the soldiers, including Rachel and Mwambutsa, who siphoned fuel from the vehicles to burn houses. The soldiers began to shoot, causing the Tutsis to lock themselves inside their houses; after which the group with the Witness began to break windows and doors and the soldiers began to throw grenades into the houses. The people who tried to escape were killed using traditional weapons, including clubs, bludgeons, machetes and big sticks. The Witness did not participate in these particular killings, though the Witness did participate in other killings and looting. The Witness stated that he did not leave with any of the spoils. The Witness testified that the killings began between 8:30am and 9:00am and concluded at 4:00pm, after which the Witness returned home. The massacre took the entire day because victims were being killed gradually while some assailants were busy looting.⁷²⁰"

"720. T. 18 November 2002, p. 58-61 (RGM); T. 19 November 2002, pp. 29, 33and 74-75 (RGM)."

"569. Prosecution Witness GBG testified that the killing of Gateyiteyi was a "sign that people should be killed": the Interahamwe and members of the population then started attacking the fleeing Tutsis. Some of the attackers were armed with sharpened pieces of wood, spears and clubs. The attackers chased and shot some people, while others were killed with sharp sticks and traditional weapons. Many victims did not die immediately. The Witness testified that he was among three that survived the killings, including another child and a third person, though he could not be certain how many people actually survived the incident. He was the only member of his family who survived.⁷⁴⁷ […]"

"747. T. 12 July 2001, p. 41(GBG)."

"571. Prosecution Witness ACM testified that the Accused returned to Munyemvano's compound between 9:00am and 10:00am. The Accused ordered the Interahamwe to "go out and kill the Tutsi because the others have already started killing them." In response to the Accused's order, the Interahamwe started throwing grenades into the houses and burning them down. Four of the Witness's relatives were shot, including three old females, and one handicapped male.⁷⁵⁰"

"750. T. 11 December 2001, pp. 40, 42-43 and 74 (ACM)."

"577. […] The Witness testified that the group immediately stormed inside the Convent and started shooting and killing people. The Witness then fled.⁷⁵⁹"

759. T. 21 November 2002, p. 33-36 (RHU25).

"607. Prosecution Witness GDD testified that on the afternoon of 8 April 1994 he and a veteran named Barabara continued to search for Tutsis in furtherance of the Accused's instruction to "fine comb" the commune for Tutsis. The Witness and Barabara "went up towards Ruhafi where the two children of Seruyombo were hiding [...]. Ndagijimana ... was killed with a bullet from my Kalashnikov [...] and his sister Nyirabukobwa was killed with the traditional club."⁷⁸⁸"

"788. T. 3 October 2001, pp. 53, 57 and 113-114 (GDD)."

Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 213, 256:

"213. Between six and eight men who were taken in a bus from the Omarska camp to Manjaca camp were killed outside the Manjaca camp.⁴³⁸ Several witnesses testified that when they disembarked from the bus, two men were escorted away and their throats were slit.⁴³⁹"

"438. See e.g. Witness A, T. 1839 and Witness M, 92 bis statement, 6 August 2000, p. 8.

439. Witness C, T. 2385. Muharem Murselovic, T. 2771-72."

256. Biscani was a village and a local commune comprising the following hamlets: Mrkalji, Hegici, Ravine, Duratovici, Kadici, Alagici and Cemernica. On 20 July 1992, Serb forces attacked this village. There were forces massing in Mrkalji and screams could be heard from that area. Approximately 30 to 40 people were killed by Serb forces with rifles and heavy weapons on an APC near a clay pit in the hamlet of Mrkalji.⁶¹⁶ The soldiers were wearing camouflage uniforms and the victims were wearing civilian clothes. The civilian men had not provoked the soldiers and there were people running from the guns before the soldiers opened fire.⁶¹⁷"

616. Witness S, T. 5879-94.

617. Witness S, T. 5894-96.

<link http www.legal-tools.org doc _blank>Prosecutor v. Eliézer Niyitegeka, Case No. ICTR-96-14-T, Judgement (TC), 16 May 2003, para. 113:

"113. Witness GGY saw the Accused again that same day at 10.00 a.m. at Muyira Hill, shooting at the refugees. The distance between the witness and the Accused was not more than 100 metres. The attackers were shouting "Tuba Tsemba Tsembe", which he said means "Let’s exterminate them". The witness stated that this attack lasted until 5:30 p.m. After the attack, the attackers assembled at Kucyapa for a meeting. 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."

Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras. 172, 178, 216, 219 – 220:

"172. Witness VA stated that after attacking Rusanganwa the Accused ordered children to leave the church.^[289] The witness explained that, outside the church, Hutu children were separated from Tutsi children, and the Tutsi children were then killed by gunfire and grenades.^[290]"

"http://www.legal-tools.org/doc/9a9031/Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 322, 575, 702:

"322. Witness GG was not able to give a time for the commencement of the attack except that it got underway on the morning of 16 April. The attackers consisted of civilians armed with traditional weapons. There was some defence put up by refugees hurling stones. The attack continued until nightfall, according to the witness. Those who had taken refuge in the hospital’s buildings were tracked down and killed there. Witness GG (like Witnesses MM and DD) survived by hiding among dead bodies and pretending to be dead. ^[451]"

"[451] T. 20 and 24 September 2001."

"575. […] At one point, the attackers started shooting on the fleeing refugees. The witness heard a number of them cry out. He saw the attackers go up to them and strike them with machetes. There were cries and victims died. […]"

"702. Witness HH stayed in various parts of Bisesero, including Muyira Hill, Mumubuga and Kucyiha, until 15 June 1994. He testified that during his stay in the region, attacks took place almost everyday. There were very few days when they were attacked that loss of life did not result. Refugees were armed with traditional weapons like spears, machetes and stones, and later obtained guns that were abandoned by the attackers, but the magazines had already been removed by the attackers. […] ^[1038]"

"Prosecutor v Mitar Vasiljević, Case No. IT-98-32-T, Judgement (TC), 29 November 2002, paras. 125 – 128:

"125. The Trial Chamber is satisfied that the Koritnik group was crowded into a single room in the ground floor of the Omeragic house, and that there were a number of other people already in there.³⁰⁴ The group was then locked inside the house.³⁰⁵ The Trial Chamber is satisfied that, sometime later,³⁰⁶ the door of the room was opened and armed men introduced an incendiary or explosive device into the overcrowded room.³⁰⁷ This device ignited a fire near the door.³⁰⁸

126. The Trial Chamber is satisfied that the house had been prepared in advance for the fire. The carpet in the room was wet and smelt like glue,³⁰⁹ and the smoke from the fire was of unusual thickness.³¹⁰ The fire was high and it spread quickly, demonstrating that some type of flammable substance had been used.³¹¹ Apart from the entrance door, two windows to the side of the room facing the creek provided the only escape routes.³¹²

127. The Trial Chamber is satisfied that, as the flames spread, the armed men hurled more explosives into the house.³¹³ Some of the people in the house attempted to get out by breaking the glass of the window and jumping out. The Trial Chamber is satisfied that some of the armed men stood outside underneath the windows to shoot at those who were attempting to flee. With the aid of flashlights they shot at those who were jumping out of the window or who had already done so.³¹⁴

128. The Trial Chamber is satisfied that approximately sixty six (66) people died as a result of the fire. A number of the victims managed to escape the fire. VG -61’s father ran through the flames and escaped through the front door when the explosion which caused the fire blasted the door open.³¹⁵ VG-18 managed to secure an opening in the reinforced glass of the window and was pushed outside by VG-84, who jumped out after her.³¹⁶ VG-38 followed suit.³¹⁷ VG-13 also jumped out of the window. As she attempted to flee, she was shot at and injured in the arm.Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, paras. 393, 404, 474 – 475, 478, 482 – 483, 486:

"393. Witness M said he saw Musema aboard one of the Daihatsus with tea factory workers wearing blue uniforms. He was carrying a firearm, while the other attackers bore traditional weapons and were dressed in banana leaves and grass belts called "Umuhurura"⁽³⁾ in Kinyarwanda. The attackers killed with a determination unlike before to such an extent that, apart from a few men, no woman or child was able to survive. Musema and others shot into the crowd as such, individuals fell as they fled. Thousands were killed, including many of the witness' relatives."

"3. In plural "Imihurura""

"404. Witness F testified that, following two weeks of calm a large scale attack took place on Muyira hill on 13 May 1994. He stated that around 08:00hrs, a large number of vehicles, including lorries and a bus, arrived from Gishyita and Gisovu Communes and stopped on the border of the said two communes. Witness F explained how the attackers approached the hill from all sides, splitting up into groups, those from Gisovu including the bourgmestre of the commune, Eliezer Niyitegeka, Alfred Musema, and the conseillers of the secteurs of Gisovu Commune, and amongst those attacking from the other side of the hill were Kayishema, the Préfet of Kibuye, Charles Sikubwabo, the bourgmestre of Gishyita, Karasankima Charles, Sikubwabo's predecessor, conseillers of the commune of Gishyita, and many armed persons. The witness said the weapons carried by the assailants included firearms, traditional weapons, and bamboo sticks cut into spears. The refugees on Muyira hill were overpowered by the assailants and consequently had to flee. During the attack many old people, women, and children, including his five children, aged from 1 year and 1 month old to 10 years old, who were trying to flee, were killed. His wife was seriously injured leaving her disabled today. Witness F estimated that only 10000 of the 40 - 50000 refugees on Muyira hill on 13 May 1994 survived the attack. As far as he knew, all the victims were Tutsis, while all the assailants were Hutus. Questioned by the Bench, he confirmed that the assailants used to chant slogans as they approached the hills. The witness quoted two such slogans, "Exterminate them"⁽⁴⁾, "them" meaning the Tutsis, and "Even the Tutsi God is dead"⁽⁵⁾.

4. Kinyarwanda "badutsembatsembe".

5. Kinyarwanda "Imana y'Abatutsi barayishe. Nta Mana bakigira".

"439. The witness explained how the attackers gathered for an hour before launching the attack with gunfire around 10:00hrs. According to the witness, those who had firearms, including Musema, would protect the attackers armed with traditional weapons who were in close proximity against the refugees during the attack. The witness stated that although he did not personally see Musema shoot at the refugees, he presumed that he had done so as he was carrying a rifle. The attackers chased the refugees and threw grenades at them when in range, the refugees retaliating with stones. Witness T testified that the refugees were forced to flee and many were killed during that attack."

"474. Witness AC recalled an incident which took place at a cave in Kigarama Commune, Nyakavumu cellule. He testified that he was 40-50 metres away from the cave and saw Kayishema, Musema, Ruzindana and the bourgmestres of Gishyita and Gisovu come to the cave and order it to be sealed by having it covered in firewood. The witness told the Chamber that a man from Gisovu was ordered by Ndimbati, Ruzindana, Musema, Niyitegeka and Kayishema to light the wood. The man then set the wood on fire using grass and kerosene.

475. Witness AC recalled that of the 300 people inside the cave, only one survived, all others being suffocated to death by the smoke. Following questions from the bench, the witness affirmed that he had heard Musema give orders at the cave, however, he gave two answers, namely that he had heard Musema say on the one hand, "Bring some wood, make some fire", and, on the other hand, "Bring some wood, bring some sods of earth". The witness also reaffirmed that Musema ordered that a fire be lit."

"478. During the attack on the cave, said Witness H, he had hid on the hill at about thirty minutes walk from the cave. This hill was separated from the cave by a small valley and hillock. He explained that the assailants proceeded to destroy the fence of the surrounding houses for firewood to the set the entrance of the cave alight, and gathered branches to produce more smoke. After the attack, the witness said he went to the cave and saw that everything was burnt. He testified that only one person survived."

"482. Witness S said that those with Musema then blew whistles and shouted out three times for the attackers ahead of them to backtrack as they had passed by the Nyakavumu cave. Those who returned gathered around Musema for approximately two minutes. The witness explained that the attackers exchanged a few words after which they destroyed the house of a certain Munyanbamutsa for firewood which they took to the cave. Witness S was unable to see what then happened at the cave, but saw smoke rise a short while later. The witness indicated to the Chamber that he had hidden his wife in the cave that very same day. The attackers, said the witness, stayed at the cave for four hours after which they left for Gisovu.

483. Witness S said that he went down to the cave with eight other men after the attackers had left and noted that wood and leaves had been burnt at its entrance. Only three survivors, one man, one woman and one child were pulled out; the last two died during an attack the next day."

"486. Witness D described an attack which occurred at a cave, although no indication was forthcoming from her testimony as to exactly where and when this attack occurred. She testified that approximately 400 people, including children and women, had sought refuge in the cave. From where she was hiding she was able to see attackers start a fire with grass at the entrance of the cave, the smoke thus suffocating those inside. Amongst those who started the fire, Witness D recognized Musema and Ndimbati. 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, paras. 189, 299, 301 – 302:

"189. Seeing this, Witness U said he left the place because they had started killing the people who remained. […] Witness U left the bushes and went further down. When he turned around he saw that they were killing people with machetes and throwing them in the hole."

"299. […] When the UNAMIR troops left the ETO on 11 April 1994, the Interahamwe and members of the Presidential Guard entered and attacked the compound, throwing grenades, firing guns and killing with machetes and clubs. A large number of Tutsis, including many family members and others known to the witnesses, were killed in this attack."

"301. […] Flanked on both sides by Interahamwe, approximately 4,000 refugees were then forcibly marched to Nyanza. Along the way, these refugees were abused, threatened and killed by soldiers and by the Interahamwe surrounding them, who were armed with machetes, clubs, axes, and other weapons.

302. […] Some Tutsis who tried to leave, pretending they were Hutus, were killed on the spot by Interahamwe who knew them. Grenades were then thrown into the crowd by the Interahamwe, and the soldiers began to fire their guns from the hillside. Those who tried to flee were brought back by the Interahamwe surrounding them. This attack took place on 11 April, in the late afternoon and into the evening. Many were killed in this attack, including Witness A's wife and four of their five children. Following the shooting and grenades, the soldiers told the Interahamwe to begin killing people. The Interahamwe then began killing people with clubs and other weapons. Some girls were selected, put aside, and raped before they were killed. Clothing had been removed from many of the women who were killed. The killing lasted more than an hour. The soldiers then told the Interahamwe to look for those who were not dead and finish them off. The Interahamwe left at approximately 11:00 p.m. and returned on the morning of 12 April, when they came back to loot and to kill all surviving refugees. Approximately 200 people survived the massacre."

Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 356, 360, 389, 410 – 412, 431, 433:

"356. On Monday, 18 April 1994, at approximately 1 or 2 p.m., groups of gendarmes, communal police, prison wardens and members of the Interahamwe came from the direction of the roundabout in Kibuye town, surrounded the Stadium and started to massacre the Tutsi with tear gas, guns and grenades. The first attack of the massacre finished at approximately 6 p.m. The next day, after celebrating in the local bar, attackers returned to kill survivors. The fact that the massacre at the Stadium occurred does not appear to be in dispute; Kayishema himself testified that a major attack at the Stadium took place on 18 April 1994²¹⁰ and witness DO estimated that about 4,000 of those seeking refuge were killed at the Stadium. […]"

"210 Trans., 10 Sept 1998, p. 24."

"360. Witness I testified that at about 2 p.m. on 18 April armed civilians, soldiers, former soldiers and prison wardens armed with guns, clubs and machetes came from the direction of the roundabout in Kibuye. They divided into groups and surrounded the Stadium, taking position on the hills. From his viewpoint in the spectator grandstands witness I testified that he clearly observed Kayishema standing by the main entrance, near a house owned by the MRND. From this location, Kayishema could see into the Stadium. Witness I saw Kayishema ask for a gun, shoot it toward the masses inside the Stadium as if to signal the attack to commence, and then give the gun back to the gendarme. Kayishema’s two shots struck two people. At that point the massacre began. The attackers threw tear gas and grenades and fired guns into the Stadium. Witness I described the scene, "some were dead already, others were wounded in a way that they could no longer lift themselves from the ground. There were children who were crying because of the blows they had received. Others were bleeding or looking for water." The massacre stopped at approximately 6:00 or 6.30 p.m. After the attack ceased, witness I heard the attackers gathered in the bar next to the Stadium, drinking and dancing. On that first day witness I did not see attackers enter the Stadium. Those who tried to flee were killed with sharpened bamboo sticks. Witness I discovered that his two wives and fifteen children who accompanied him to the stadium had been killed on that day. During the night of 18 April he managed to escape and fled towards Karongi."

"389. Witness OO testified that, on the morning of 16 April, Kayishema came with soldiers of the National Army. Witness W was the other eyewitness who placed Kayishema at the Church on this date. It was claimed that in addition to Kayishema, local authorities such as Bourgmestre Sikubwabo and various conseillers were present at the Church on this date. Soldiers threw grenades and other armed attackers shot at and hacked with machetes the Tutsis inside the Church. 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"

"219. Trans., p. 39, 20 Nov. 1997. The Trial Chamber notes that the witness claimed this conversation took place after the massacres, on 17 April, a date that was not corroborated by other witnesses."

"410. Paragraph 46 of the Indictment, alleges that "the area of Bisesero was regularly attacked on almost a daily basis, throughout the period of about 9 April 1994 through 30 June 1994. The attackers used guns, grenades, machetes, spears, pangas, cudgels and other weapons to kill the Tutsis in Bisesero. At various times the men, women and children seeking refuge in Bisesero attempted to defend themselves from these attacks with stones, sticks and other crude weapons.

411. The above allegations were not contested. Most Prosecution witnesses, including survivors of attacks, confirmed that attacks took place on a regular basis, during the time in question. Witness OO testified that "the attacks were every day in Bisesero, but most frequent in Muyira and Gitwa. The attacks began at about 6 a.m. and would continue until about 4 to 5 p.m." Kayishema himself testified that "major attack"²³⁰ and "massacres"^231] took place in Bisesero. […]

412. All types of weapons were used by the attackers, witness JJ confirmed that attackers were carrying "clubs, machetes and grenades." Witness HH also reported that the assailants were armed with guns, machetes, swords and spears. The forensic evidence presented by Dr. Haglund confirmed that the victims were killed with such weapons during the massacres. Tutsis, who had gathered at Bisesero, also attempted to defend themselves with crude weapons. Witness X, along with other witnesses, confirmed this fact. Witness EE stated that the Tutsis threw rocks at the assailants to thwart attacks and escape."

"230. Trans., 9 Sep. 1998, p. 37.

231. Trans., 8 Sep. 1998, p. 117."

"431. One of the most horrific mass killings in Bisesero took place at a site simply called the "cave," located in Gishyita commune, Bisesero Sector, Kigarama cellule. Hutu assailants launched an attack on the cave where Tutsis sought refuge. The assailants came in the morning and fired guns and threw grenades into the crowd of Tutsis who sought refuge at this location. The attackers then fetched and piled wood at the entrance of the cave and set fire to it. The smoke killed hundreds of people inside. By all accounts, there was apparently only one survivor. […]"

"433. Witness CC is the sole survivor of the massacre at the cave. On the day of the attack, in June 1994, witness CC was inside the cave. According to witness CC, the attack was launched at 9 a.m. when the attackers threw grenades into the cave that did not explode. Members of the Interahamwe then went to look for wood and dry grass and piled it and firewood and earth at the entrance of the cave and ignited. […]"

Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgement (TC), 2 September 1998, paras. 276, 288:

"276. Witness K affirmed that there were eight refugees, all men, three of whom she personally knew to be Tutsi. She explained that they did not have their hands tied and that they all looked fine. She said the Interahamwe escorted the eight refugees to the fence of the bureau communal, where they were made to sit on the ground, in a line, their backs to the fence and their legs straight out in front of them. According to the witness, the refugees pleaded for mercy as the Interahamwe prepared to kill them. Witness K testified that Akayesu then said "Do it quickly", at which point they were killed rapidly by a large group of people who used whatever weapon they had on them."

"288. Witness KK said she […] saw the teachers, the number of which she was unsure of being made to sit in the mud on the road outside the bureau communal, where Tharcisse had been killed. According to the witness, it was alleged that these teachers had communicated by radio with Inkotanyi. Witness KK said a young couple who were soon to be married was killed first. She said that all the teachers were killed on the road in front of the bureau communal with little hoes and clubs and that she had heard it being stated that to kill them with a bullet or grenade would be inflicting a less atrocious death. The witness added that no one could ask for help because Tutsi were not allowed to live in Taba commune. She said the bodies of the teachers were then taken to makeshift ditches, and covered in earth and grass. According to witness KK, some of the teachers were still breathing when buried."

P.4. Evidence of violence/attacks.

A. Evidentiary comment:

Although it is not explicitly stated in the caselaw, forms of circumstantial evidence are usually used cumulatively to demonstrate a killing. For example, evidence that shooting was heard in a particular location may be taken together with evidence that a body was found in that location in order to prove that a killing occurred.

P.4.1. Evidence from witnesses who saw attacks.

A. Legal source/authority and evidence:

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."

<link http www.legal-tools.org doc _blank>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, 567, 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)."

"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"

"719. T. 19 November 2002, pp. 31, 55-58 and 72 (RGM)."

"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"

"723. T. 31 March 2003, pp. 41-45 (MLNA); T. 1 April 2003, pp. 59-60, 63 (MLNA)."

"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"

"744. T. 16 July 2001, pp. 26, 35-36, 49, 51-52 and 54 (GBG)."

"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"

"763. T. 5 December 2002, pp. 42-45, 50-51, 56-57, 59-60 (MLCF); T. 10 December 2002, p. 24 (MLCF) (ICS)."

"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. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, paras: 167 – 169, 176, 191, 218:

"167. Witness VA testified that on 13 April 1994 at 5:00 a.m., the Interahamwe, who had spent the night outside the church, opened fire on the Tutsi refugees in the church.^[268] The witness stated that she could see the assailants through the window of the church.^[269] She explained that the Interahamwe continued firing until 10:00 a.m., but were not able to open the church, so they went to Bicumbi for the Accused.^[270]

168. Witness VA testified that the Accused and several Interahamwe armed with traditional weapons arrived after 10:00 a.m. in a Toyota belonging to Bicumbi commune, and were followed by three vehicles transporting policemen and soldiers armed with guns and grenades.^[271] The witness later clarified that she saw three vehicles in total: a Toyota vehicle that belonged to Bicumbi commune, in which the Accused came; a vehicle from the Gikoro commune driven by Manda, which transported petrol and Interahamwe; and a Toyota driven by Rugambarara, with soldiers and policemen.^[272]

169. Witness VA testified that the Interahamwe, policemen, and thirty to forty soldiers attacked the church with gunfire and grenades, injuring her and others inside.^[273] The witness stated that the Accused led the attack against the church.^[274] Witness VA further testified that Manda and Twagerayezi climbed on the roof of the church and threw petrol on it, burning a young man on the lower part of his body.^[275] Witness VA stated that the soldiers and Interahamwe fired a rocket-propelled grenade that broke a hole in the wall, and that the Interahamwe entered the church and opened its door.^[276]"

"Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 208, 211, 214, 258, 261, 270, 273 – 274:

"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."

"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."

"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"

622. Witness S, T. 5908-10. .

"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."

"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. "

"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. .

<link http www.legal-tools.org doc _blank>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. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 323 – 325, 347, 539:

"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. […]"

"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."

[B. Evidentiary comment:]

P.4.2. Information received from relatives

Prosecutor v. Jovica Stanišić and Franko Simatovic, Case No. IT-03-69-T, Judgement (TC), 30 May 2013, paras. 73, 77, 107, 452, 480: 

“73. According to a record of the on-site investigation of 13 August 1996 in PoljanakVukovići, inter alia the remains of the following individuals were exhumed and examined: Ivan Lončar, born on 14 November 1908 and identified by his son on site, and Milan Lončar, born on 8 August 1945 and identified by his brother on site.¹⁴⁷ Ivan Lončar was killed on 24 October 1991 according to his son.¹⁴⁸ Based primarily on the son’s statement, the medical expert on site assessed that the most likely cause of death was hanging. Milan Lončar was killed in the night of 23/24 October 1991 according to his brother.¹⁴⁹ The body was clothed in olive-green clothes and based primarily on the brother’s statement, the medical expert on site assessed that the most likely cause of death was hanging.¹⁵⁰”

147. P937 (On-site investigation in Vukovići, 13 August 1996), pp. 1-4, 6-8.

148. P937 (On-site investigation in Vukovići, 13 August 1996), p. 8.

149. P937 (On-site investigation in Vukovići, 13 August 1996), p. 8.

150. P937 (On-site investigation in Vukovići, 13 August 1996), p. 9.

“77. Further, based on the evidence received, the Trial Chamber finds that on 23 or 24 October 1991, in Poljanak, persons from a group of approximately 60 local Serbs in olivedrab uniforms from Plitvica hanged Milan and Ivica Lončar in response to the taking down of a Serb flag. Considering the particular circumstances of this incident, the Trial Chamber is satisfied that the victims were of non-Serb ethnicity. The Trial Chamber will further consider this part of the incident in relation to Counts 1, 2, and 3 of the Indictment in chapter 4, below.”

“107. The forensic evidence, exhibit D7, and the testimony of Vlado Vuković indicate that the remains of a further five persons, namely Kata Matovina (born in 1918), Lucija Matovina, Marija Matovina, Marta Matovina, and Slavica Matovina were also exhumed from Saborsko. The reports of death suggest that these five persons died on 12 November 1991. However, these reports are based, at least in part, on information provided by relatives, whose sources of knowledge are unclear. The Trial Chamber has received insufficient evidence on the causes, dates, and other circumstances of death in relation to these five persons. The Trial Chamber will not consider this part of the incident.”

“452. Turning to Ivica Astaloš and Atika Paloš, the Trial Chamber has only received reports on circumstances of death in relation to these two victims. This documentation is based, at least in part, on information provided by relatives whose sources of knowledge are unclear. In the absence of sufficient further evidence in relation to these two persons the Trial Chamber will not further consider this part of the incident.”

 

“480. According to the forensic evidence the remains of Andrija Matin, Franjo Pitl, and Stjepan Tešenac were exhumed in Dalj. The forensic evidence further indicates that these three men were shot and killed in or near Dalj prior to November 1998. Stana Albert testified that close to 25 December 1991, Gojko Drinić, a 20-30-year-old Serb in a uniform, Tihomir Ivošević, and two men who were not from Erdut in military and camouflage uniforms, took Andrija Matin and Franjo Pitl away from Erdut in a military jeep and a yellow sedan. Stana Albert further testified that three men in civilian clothes driving a white sedan took Stjepan Tešenac away from Erdut. The missing person questionnaires suggest that these persons were killed on 24 December 1991. However, this documentation is based, at least in part, on information provided by relatives whose sources of knowledge are unclear. While the date and location of the arrest of these three persons and the location of their remains bear striking similarities to the date and location of the arrest and location of the remains of the two victims, in relation to which the Trial Chamber has made findings above, the Trial Chamber is unable to determine with sufficient certainty the circumstances under which or by who these persons were killed. The Trial Chamber will not further consider this part of the incident.”

P.4.3. Evidence from witnesses who heard attacks/violence.

A. Legal source/authority and evidence:

http://www.legal-tools.org/doc/f3b23d/The Prosecutor v. Momcilo Perisic, Case No. IT-04-81, Judgement (TC), 6 September 2011, para. 639, 655:

639. While at the Potočari compound, MP-277 witnessed nearby houses torched. He believed it was to frighten the population and prevent them from returning. He testified that he heard shots and screams outside the compound during the night of 12 July 1995. During the same evening, VRS soldiers confiscated weapons and military gear from approximately 30 to 40 DutchBat soldiers including Koster, at gun point, as they attempted to guard refugees outside the compound.

655. The Trial Chamber recalls that members of the VRS and MUP were in Poto~ari between 12 and 13 July 1995 and carried out the separation of men from the women, children and elderly. The men were put inside a building called the "White House" before being transported to Bratunac. There is evidence that on 12 July 1995, VRS soldiers separated Bosnian Muslim men from the group in Potočari and they were never seen again. Shots and screams were also heard during the night of 12 July 1995. In light of the overall evidence, the Trial Chamber is satisfied beyond a reasonable doubt that VRS and/or MUP forces carried out killings of Bosnian Muslims near the UN Compound, in the area of Budak and near the "White House" building.

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"

"1255. Witness P-111, T. 1408."

"345. From the crossroads Marko Milosevic could see the school and soldiers guarding it. The soldiers were unknown to him.¹²⁷⁴ Marko Milosevic 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"

"1275. Marko Milosevic, T. 5650, 5652-53."

"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"

"1137. BT-36, T. 11066 (closed session)."

"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 Arifagic, ex. P554, T . 7095-7096.

1186. BT-37, ex. P555, T. 2516 (under seal).

1187. Jusuf Arifagic, ex. P554, T . 7097.

1188. Jusuf Arifagic, ex. P554, T . 7101.

1189. Jusuf Arifagic, 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 Mihic.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 Cajic, T. 8976.

1216. BT-25, T. 9065-9066 (closed session); Husein Cajic, T. 8994.

1217. BT-25, T. 9068-9070 (closed session); Husein Cajic, T. 9004-9005.

1218. BT-25, T. 9070 (closed session).

1219. Husein Cajic, 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, para. 121:

"121. Witness TAO […] testified that the attack subsided only around 7 p.m. that evening, while he was leaving the parish. He explained that there were fewer gunshots, although the screaming continued.^[115]"

"[115] T., 30 July 2003, pp. 54 to 55."

<link http www.legal-tools.org doc _blank>Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 301, 308:

"301. Prosecution Witness GEB testified that they heard gunshot noise coming from the Gikomero Parish, "salvos from several guns and it made a lot of noise", approximately 30 minutes after the vehicle passed them. He testified that they immediately returned to the Gahini Centre where they had left their wives and children."

"308. Witness GEU testified that he used a side path to return home from the Gicaca Trading Centre because he was afraid of the dangers. On the way, he heard grenade explosions and gunshots from the direction of Gikomero. The Witness estimated that he heard the sounds when he was halfway between Gicaca Trading Centre and his parents’ house. He did not recall how long it took him to get home."

Prosecutor v. Milomir Stakić, Case No. IT-97-24-T, Judgment (TC), 31 July 2003, paras. 204 – 205, 207, 209, 227, 257, 267, 272:

"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."

"425. Jusuf Arifagic, T. 7100; Witness Y, 92 bis testimony in Sikirica, T. 1434."

"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."

"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"

"548. Witness Q, T. 3998 – 99."

"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 […]"

"618. Witness S, T. 5901-02."

"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."

"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."

Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, paras. 536 – 537, 563 – 564, 573, 579:

"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)."

"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)."

"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"

"753. T. 21 November 2002, pp. 3-4, 6, 9-13, 59 and 93 (RHU25)."

"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"

"762. T. 5 December 2002, pp. 39-42 (MLCF); T. 10 December 2002, p. 3 (MLCF) (ICS)."

Prosecutor v. Laurent Semanza, Case No, ICTR-97-20-T, Judgement (TC), 15 May 2003, para. 177:

"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."

Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, paras. 327, 329, 332 - 333:

"327. On 16 April, Defence Witness 5 was in a house belonging to Esapan. On his way to church people warned him not to go there. He turned and heard people shouting; later, grenade explosions and shooting were audible. He stayed in the house because, as he said, many people had run away, others were screaming, people were being slain, and it was frightening.^[459]"

"[459] T. 2 May 2002."

"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. The witness later heard explosions from the direction of Mugonero."

"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.) Some time later, between 10.30 and 11.30 a.m., "we could hear explosions such as grenade explosions. They were really very, very loud powerful explosions … These noises continued until about 2 p.m., and at around 3:00 in the afternoon the noises had significantly diminished."

333. Elizaphan Ntakirutimana testified that from his location close to the CCDFP building in Gishyita, around 11.00 a.m. on 16 April, "I could see people going up towards Ngoma, launching attacks. I could see other people who were going towards Magarama … I heard something like grenade explosions, and all these things made me afraid. So I said to myself that people were being decimated." And: "I saw people running at th[e] West Rwanda school. I could hear explosions, and … I was seeing people running helter-skelter."^[469]"

"[469] T. 7 May 2002 pp. 11-13."

Prosecutor v. Alfred Musema, Case No. ICTR-96-13-T, Judgement (TC), 27 January 2000, para. 413:

"413. […] The witness was unable to see what happened on the hill, but he heard gunfire, grenade explosions and people screaming."

<link http www.legal-tools.org doc _blank>Prosecutor v. Zejnil Delalic 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."

"891. T. 7792."

[B. Evidentiary comment:]

P.4.4. Other evidence at time indicating attacks/violence was occurring (eg people fleeing, looting etc).

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc _blank>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. […]"

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]"

"[458] T. 14 February 2002."

"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]"

"[460] T. 12 February 2002."

"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.4.5. Forensic evidence after conflict indicating attacks/violence.

Prosecutor v. Vlastimir Dorđević, Case No. IT-05-87/1-A, Judgement (AC), 27 January 2014, para. 765:

"765. Based on forensic evidence, the Trial Chamber further found that the remains and personal items of some of the 41 members of the Berisha family discussed above, as well as those belonging to other members of the Berisha family, were later discovered at three locations: (i) the Suva Reka/Suhareke cemetery; (ii) the VJ firing site near Prizren referred to as "Kroj-I-Popit"; and (iii) in a mass grave at the Batajnica SAJ Centre in Serbia.2259 The Appeals Chamber notes in this regard that the remains of Afrim, Arta, Hamdi, and Zana Berisha were among the remains of 24 members of the Berisha family exhumed from a mass grave in Batajnica SAJ Centre.2260 Additionally, some of the personal items belonging to Afrim Berisha were also identified in Kroji-I-Popit, where the remains and personal items of other members of the Berisha family killed that day were found.2261 The Appeals Chamber therefore considers that the Trial Chamber did not base its conclusion that Afrim, Arta, Hamdi, and Zana Berisha were murdered by Serbian forces solely on their membership in the Berisha family, but reached its conclusion based on forensic evidence, as well as the pattern of attack on the Berisha family by Serbian forces in Suva Reka/Suhareke town on the very same day."2262

2259 Trial Judgement, paras 1403-1406, 1720, 1724. See also Trial Judgement, paras 683-684, 1377, 1484-1491. The bodies of members of the Berisha family were collected and transported by truck to Kroj-I-Popit, where they were buried for a short period of time before being disinterred, leaving behind personal items identified by two members of the Berisha family that accompanied a British forensic team to the site as well. The bodies were then reburied in a mass grave at the Batajnica SAJ Centre (Trial Judgement, paras 679-681).

2260 Trial Judgement, paras 1491, 1724.

2261 Trial Judgement, para. 683. All of the personal items were presented to family for identification, many were identified as belonging to various members of the Berisha family, and some of the items were identified as belonging to members of the Berisha family identified by an eyewitness as being killed at the pizzeria (Trial Judgement, paras 683, 1406).

2262 See Trial Judgement, paras 669-683, 1403-1406.

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. 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"

"1339. Dean Manning, T. 7214-15:

(The U.S. Naval Investigation Service( representative samples of blood, human tissue, and explosive residue from that building. 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]"

"[331] T. 16 October 2000 pp. 78, 79."

[B. Evidentiary comment:]

P.5. Evidence of dead bodies.

<link http www.legal-tools.org doc abda04 _blank>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 <link http www.legal-tools.org doc a0948e _blank>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 <link http www.legal-tools.org doc _blank>Krnojelac Trial Judgement, para. 326.

 

P.5.1. Evidence of dead bodies seen soon after killings by eyewitnesses.

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc _blank>Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang, Case No. ICC-01/09-01/11, Decision on the confirmation of charges (PTC), 23 January 2012, para. 226,235, 239:

226. The Chamber notes the testimony of Witness 2 who stated that, on 31 December 2007, he took part in the attack at Turbo town together with other Kalenjin youth members of the Network. The witness testified that as soon as he entered the town from a peripheral neighbourhood, he saw four bodies and subsequently another two, out of which he recognized one as having been Kikuyu. This information is corroborated by the testimony of Witness 4, who was also present on the ground and saw four dead bodies, which he was told had been Kikuyu. Moreover, according to the same witness, when he entered Turbo town, he recognized the Network perpetrators armed with machine guns (AK 47) similar to the ones he saw during one of the meetings which took place at Mr. Ruto's house on 22 December 2007. The Chamber also draws attention to the fact that Witness 2 estimated the number of dead bodies that he saw in Turbo town area to be "more than 200", which could be ascribed to be Kikuyu. Furthermore, Witness 2 stated that most of the victims were women and children and not young people, since in the witness' view the latter were able to flee from the attackers."

235. The Chamber notes that Witness 1 recalls a discussion he had with another individual who reported that the Kiambaa church had been set on fire with people inside. This information finds support in a subsequent passage of the same testimony. Witness 1 states that, after being informed of the events in Kiambaa church, he visited the local hospital and saw a number of bodies being brought there, "including bodies from Kiambaa. [He] couldn't count them". This is also corroborated by the statement of Witness 5, who was present at the hospital and confirmed that bodies were brought there. In addition, the Chamber notes the considerable amount of indirect evidence reporting the incident in Kiambaa church.

239. In particular. Witness 6 testified that between 30 and 31 December 2007, he personally saw dead bodies with arrows wounds which were found by the police in the bush close to Kapsabet and were brought to the local mortuary. The witness gave this information in connection with his description of the purpose of the roadblocks erected around the target locations, including Kapsabet town. According to Witness 6, those Kikuyu or Kisii who did not succeed in passing through the roadblock were killed. The evidence furnished by Witness 6 concerning the acts of killings in Kapsabet town during the time frame specified above is corroborated by other pieces of evidence.

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

1089. Aleksandar Tesic, T. 7809, 7812-13.

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 Deronjic and two unknown officers at the SDS offices to get orders. Dragan Mirkovic testified that he met with Beara and two unknown officers in Miroslav Deronjic’s office on the night of 13 July; Dragan Mirkovic, T. 7940.

1091. Witness DP-101, T. 7872-7874 (closed session).

1092. According to Dragan Mirkovic, 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 Mirkovic, 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 Nikolic confirmed the order of Dragan Mirkovic to go to Glogova, Witness P-140, T. 3405.

1096. Witness DP-101, T. 7876-78 (closed session).

1097. Dragan Mirkovic, 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 Simic, T. 7327-28, Dragan Mirkovic, 7948-49.

1101. Krsto Simic, T. 7329; Jovan Nikolic, T. 8036. The Trial Chamber has considered Krsto Simic’s status as suspect when it has evaluated his evidence.

1102. Witness P-140, T. 3401 (private session). Radenko \urkovic 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 Mirkovic, T. 7974. Krsto Simi c, 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 Simic as a member of the 3rd Battalion.

1103. Krsto Simic 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 Simic reasonably could have received the order was 14 July.

1104. Krsto Simic stated that the director of the Sase mine, where Krsto Simic was working, sent him and his colleagues to the Rad Utilities Company, after Krsto Simic had seen him talking to military police men. Krsto Simic 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 Simic gave further evidence that at the headquarters he saw VRS officers and MP’s, none of which he recognised, Krsto Simic, T. 7320-21, 7354.

1106. Krsto Simic, T. 7322-23. According to Witness P-140 the red truck from the Sase mine was driven by Krsto Simic; the driver of a Rad Utilities Company truck was Milivoje Cvjetinovic and the driver of a yellow truck owned by the brick factory was Dragoljub Stanojevic ; Witness P-140, T. 3413-14. Dragoljub Stanojevic was a driver at the Ciglana DD Company; he drove a truck with bodies from the Kravica Warehouse to Glogova. Dragoljub Stanojevic, Ex. P213/1, p. 1-3.

1107. Krsto Simic, T. 7325-26.

1108. Krsto Simic, T. 7331.

1109. Krsto Simic, T. 7329.

1110. Krsto Simic, T. 7326; Dragoljub Stanojevic, Ex. P213/1, p 2; Rajko Djokic, T. 11893-94.

1111. Krsto Simic, T. 7331.

1112. Krsto Simic, T. 7333. Dragan Mirkovic claimed that he did not see Momir Nikolic or Ljubisa Beara at the grave site, Krsto Simic, T 7951-52 and did not notice any members of the Bratunac Brigade military police guarding any equipment there; Krsto Simic, T. 7961.

1113. Witness P-140, T. 3405, 3427 -28. Dragan Mirkovic stated that when he had told Ljubisa Beara at the SDS premises that Radenko Djurkovic 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 Djurkovic was at the site. Dragan Mirkovic, T. 7947-48.

1114. Witness P-140, T. 3431. Dragan Mirkovic testified that he had informed Ljubisa 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 Stanojevic, T. 5677.

1117. Rajko Djokic, T. 11885-90.

1118. Rajko Djokic, T. 11887-90.

1119. Ostoja Stanojevic, T. 5677 -80. Ostoja Stanojevic testified that the person who told him to go to Kravica was probably a worker from the Civilian Protection. Ostoja Stanojevic further testified that he did not contact Dragan Jokic. Ostoja Stanojevic, T. 5680; Rajko Djokic, T. 11891-93.

1120. Ostoja Stanojevic, T. 5682 ; Dragoljub Stanojevic, Ex.P.213/1, p. 2-3.

1121. Ostoja Stanojevic 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 Stanojevic went back to Kravica to transport more bodies to the grave site; Ostoja Stanojevic, 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 Stanojevic, T. 5692 -93.

1123. Ostoja Stanojevic, T. 5694. Ostoja Stanojevic also stated that Dragan Jokic could not have decided on his own to give Ostoja Stanojevic over to the Civilian Protection. Ostoja Stanojevic, 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 Popovic, 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"

"1216. Kemal Mehmedovic, T. 1289-90. See also Witness P-130, who gave evidence that there were two sites; T. 6779."

"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 Ristanovic believes that it was around noon, but can not be certain of that. Cvijetin Ristanovic, T. 5408.

1229. Cvijetin Ristanovic, T. 5364 -65, 5406-07.

1230. Cvijetin Ristanovic, T. 5365 ; Dragan Obrenovic, T. 2910.

1231. Cvijetin Ristanovic did not know which brigade they were from. Cvijetin Ristanovic, T. 5368-69.

1232. Cvijetin Ristanovic, T. 5369.

1233. Cvijetin Ristanovic testified that he thinks that it was Slavko Bogicevic, who gave him this order; T. 5370-71, 5408

1234. Cvijetin Ristanovic, T. 5373 -75.

1235. The other machinist was named Milovan Milodonovic. Cvijetin Ristanovic, T. 5376-77

1236. Dragan Obrenovic, T. 2498- 501. Dragan Obrenovic testified that he was informed that they were being requested to assist in the murder operation. Dragan Obrenovic, T. 2499. See also Milos Mitrovic, who testified that they were ordered to go to Standard, T. 5599-6000.

1237. Dragan Obrenovic testified that Damjan Lazarevic assumed a command position when Slavko Bogicevic, was not present, T. 2910. Minja Radovic, T. 11922-23.

1238. Cvijetin Ristanovic, T. 5382, 5387.

1239. Cvijetin Ristanovic, 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. Milos Mitrovic, T. 5604-06, 5621-22.

1348. Milos Mitrovic, T. 5606, 5621.

1349. No one checked for identification papers or registered the victims; no bodies were put into body bags. Milos Mitrovic, T. 5635.

1350. Milos Mitrovic, T. 5606.

1351. Milos Mitrovic, T. 5608-09, 5622-23.

1352. Milos Mitrovic, 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 Brigade for the use of the Engineering Company. Milos Mitrovic stated that the loader had been commandeered on previous occasions; T. 5607-08, 5630-31.

1353. Milos Mitrovic, T. 5631.

1354. Milos Mitrovic, 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"

"1137. BT-36, T. 11066 (closed session )."

"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."

<link http www.legal-tools.org doc _blank>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"

"722. T. 18 November 2002, pp. 59-60 (RGM)."

"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"

"739. T. 24 July 2001, pp. 49-50 and124 (GAO)."

"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. 205, 207, 209, 212, 221, 226, 254, 259, 261, 267 – 268, 271:

"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. 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 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.

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 Arifagic, T. 7098-99; Witness Y, 92 bis testimony in Sikirica, T. 1431 and Witness K, Statement, 18 August 2000,paras 36-37.

420. Jusuf Arifagic, 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 Arifagic, T. 7099.

424. Jusuf Arifagic, 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."

"425. Jusuf Arifagic, T. 7100; Witness Y, 92 bis testimony in Sikirica, T. 1434."

"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 Sebire, 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 Murselovic, T. 2766- 67; Dr. Beglerbegovic, T. 4120.

528. Branko Rosic, 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 Mujkanovic, 92 bis transcript in Tadic,T. 3172.

544. Mustafa Mujkanovic,92 bis transcript in Tadic, T. 3184-87. In relation to the Foric 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"

"609. Witness U, T. 6239-44; Idriz Merdzanic, T. 7739."

"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 Karagic, T. 5235-37.

658. Nermin Karagic, T. 5238-41."

<link http www.legal-tools.org doc _blank>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]

"[129] T. 26 Aug. 2002, p. 28."

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]"

"[371] T. 4 October 2001 pp. 58, 59, 63."

"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] […]"

"[421] T. 4 December 2000 p. 71."

Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10-T and ICTR-96-17-T, Judgement (TC), 21 February 2003, para. 623:

"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

219. Trans., p. 39, 20 Nov. 1997. The Trial Chamber notes that the witness claimed this conversation took place after the massacres, on 17 April, a date that was not corroborated by other witnesses."

[B. Evidentiary comment:]

P.5.2. Evidence identifying bodies that had been exhumed.

A. Legal source/authority and evidence:

ICTY, The Prosecutor v. Jovica Stanišić and Franko Simatović, IT-03-69-T, Judgement (TC), 30 May 2013, para. 107:

"107. The forensic evidence, exhibit D7, and the testimony of Vlado Vuković indicate that the remains of a further five persons, namely Kata Matovina (born in 1918), Lucija Matovina, Marija Matovina, Marta Matovina, and Slavica Matovina were also exhumed from Saborsko. The reports of death suggest that these five persons died on 12 November 1991. However, these reports are based, at least in part, on information provided by relatives, whose sources of knowledge are unclear. The Trial Chamber has received insufficient evidence on the causes, dates, and other circumstances of death in relation to these five persons. The Trial Chamber will not consider this part of the incident."

Prosecutor v. Jovica Stanišić and Franko Simatovic, Case No. IT-03-69-T, Judgement (TC), 30 May 2013, paras. 466-467, 478: 

“466. The Trial Chamber considers Stjepan Dasović’s testimony that he last saw Tomo Curić, Ivan Kućan, and Josip Vanićek at the Erdut training centre on 14 November 1991, where the men were detained and beaten by their captors. On the basis of this evidence and the testimony of Witness C-1118 and Witness C-015, having further considered the illtreatment of the detainees, the proximity of their remains to the Erdut training centre, and their causes of death, the Trial Chamber finds that on or about 14 November 1991, at or near the Erdut training centre, the persons who had detained these three men killed them.”

“467. Stjepan Dasović testified that Jakov/Jakob Barbarić and Josip Debić were detained at the Erdut training centre alongside the aforementioned three men from 11 to at least 14 November 1991 and beaten by their captors. In 1994, family members filled in missing persons questionnaires for Jakov/Jakob Barbarić and Josip Debić. Slavica Barbarić told Stjepan Dasović that the remains of these two men were exhumed in 1998 alongside those of the aforementioned three men in a mass grave and that Jakov/Jakob Barabić was found wearing the same clothes he had worn when detained at the Erdut centre. Based on this evidence and the testimony of Witness C-1118 and Witness C-015, having further considered the ill-treatment of the detainees at the Erdut training centre, the Trial Chamber finds that on or about 14 November 1991, at or near the Erdut training centre, the persons who detained Jakov/Jakob Barbarić and Josip Debić killed them. All five victims wore civilian clothing at the time of the killing and were of Croat ethnicity.”

 

“478. The Trial Chamber now turns to the evidence regarding Manda Maj and Josip/Jura Zoretić. The evidence of Jasna Mihajlović and Zlatko Antunović indicates that Manda Maj and Josip/Jura Zoretić were both detained and severely beaten at the Erdut training centre. Based on this evidence and the forensic evidence indicating the possible causes of death, and in view of the proximity of their remains to the Erdut training centre, the Trial Chamber finds that on or about 25 December 1991, at or near the Erdut training centre, the persons who detained Manda Maj and Josip/Jura Zoretić killed them. Both victims were of Croat ethnicity.”

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."

"1057. Witness P-109, KT. 2751-53."

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"

"461. Nusret Sivac, T. 6680."

"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"

"664. Nermin Karagic, T. 5247-50."

[B. Evidentiary comment:]

P.5.3. Forensic evidence relating to bodies later exhumed.

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc f3b23d _blank>http://www.legal-tools.org/doc/f3b23d/The Prosecutor v. Momcilo Perisic, Case No. IT-04-81, Judgement (TC), 6 September 2011, para. 677-678.

677. The Trial Chamber notes that Deronjic’s evidence with respect to these killings is corroborated by the exhumation and forensic analysis of 33 bodies found in this area. Specifically, on 27 July 1995, the United States Government took an aerial photograph of an area near Nova Kasaba, which showed the presence of disturbed earth in four distinct locations. Four undisturbed graves in the Nova Kasaba area were exhumed in July 1996. The graves, located in two fields, contained the bodies of 33 male victims. Twenty-seven of the men had their hands tied behind their backs.

678. In light of the foregoing, the Trial Chamber is satisfied beyond a reasonable doubt that the 33 Bosnian Muslim male victims found in the primary graves discovered in 1996 were part of the group of prisoners assembled at the football field at Nova Kasaba. The Trial Chamber is also satisfied beyond a reasonable doubt that they were killed by VRS and/or MUP personnel on 13 July 1995.

<link http www.legal-tools.org doc _blank>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"

"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 Hodžici Road site 3, October 1998), p. 2-3; Ex. P763 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodžici Road site 4, October 1998), p. 2-3; Ex. P764 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodžici 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"

"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 Zancari 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 […]"

"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."

"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 Zancari 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"

"429. Nicolas Sebire, T. 7370-71."

"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 Krstić 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 Stankovic, 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 "Stankovic Report") and D 172 (Forensic Opinion dated 18 April 2001 by Doc. Dr. sc. Med. Zoran Stankovic, 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 Stankovic 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 Hodzici Road 3, Hodzici Road 4 and Hodzici 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 Hodzici 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 Cancari 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. Stankovic Report, p 13. See also Additional Stankovic Report, p 8174.

157. Stankovic 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. Stankovic 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. Krstić, 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]"

"[98] Trans., 24 Nov. 1997, p. 82."

"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." [...]"

Prosecutor v. Jovica Stanišić and Franko Simatovic, Case No. IT-03-69-T, Judgement (TC), 30 May 2013, paras. 57, 145, 606, 608-609:

“57. The Trial Chamber has not taken judicial notice of Adjudicated Facts in relation to Mijo Krnić and Marija Šestić. Witness JF-023 testified that two persons named Krnić and Šestić were detained in the Hrvatska Dubica fire station on 20 October and killed in Baćin on 22 October 1991. According to forensic documentation, the bodies of Mijo Krnić and Marija Šestić (both Croats over 65 years old in 1991) were exhumed in Baćin with gunshot wounds to the head or chest as the most probable cause of death. Witness JF-023 testified that he observed Mijo Krnić’s body being exhumed from a mass grave at Baćin. Based on Witness JF-023’s testimony and in view of the agreed facts, having considered the location of their bodies and the causes of death, the Trial Chamber finds that the persons who killed the aforementioned 41 victims also shot and killed Mijo Krnić and Marija Šestić, two Croats, on or around the same date at Krečane, near Baćin.”

“145. On the basis of the Adjudicated Facts and having reviewed the evidence before it, the Trial Chamber finds that around 8 p.m. on 21 December 1991 in the Marinović hamlet of Bruška, in Benkovac municipality, at least three men shot and killed Roko Marinović, Dušan Marinović, Sveto Drača, Petar Marinović, Ika Marinović, Dragan Marinović, Draginja Marinović, Krsto Marinović, Manda Marinović, and Stana Marinović. Before killing them, the perpetrators had lined up Roko, Dušan, and Petar Marinović and Sveto Drača against a wall. They shot Roko and Dušan Marinović as they were standing by the wall and Petar Marinović and Sveto Drača as they attempted to flee.”

“606. According to forensic documentation, the following bodies were exhumed in Crkvina, Bosanski Šamac municipality, on 6 December 2008: Ivan Agatić (1965, skull fracture, cause of death possibly a firearm injury), Jozo Antunović (1960, civilian clothes, cause of death probably a firearm injury), Džemal Balić (1953, civilian clothes, cause of death probably a firearm injury), Luka Blažanović (1956, civilian clothes, cause of death probably a firearm injury), Niko Brandić (1959, civilian clothes), Miro Ćorković (1967, civilian clothes, cause of death probably a firearm injury), Luka Gregurević (1955, dark blue police jacket and greyishblue police trousers, cause of death probably a firearm injury), Husein Hrnić (1960, civilian clothes), Sead Hurtić (1963, civilian clothes, cause of death probably a firearm injury), Izet Kahrimanović (1967, civilian clothes, cause of death possibly a firearm injury), Franjo Mandić (1946, civilian clothes), Ilija Matić (1947, civilian clothes, head injury, unnatural and violent cause of death), Nezir Nadžak (1967, civilian clothes, cause of death probably a firearm injury), Josip Oršolić (1948, civilian clothes, cause of death probably a firearm injury), Selim Purak (1957, civilian clothes, unnatural and violent cause of death, possibly a firearm injury), and Ivo Tuzlak (1951, civilian clothes).¹²⁷⁶ The parties agree on the identities of these 16 victims.¹²⁷⁷”

1276. P2269 (Record of identification for Ivan Agatić, 6 June 2009); P2270 (Record of identification for Jozo Antunović, 6 June 2009); P2271 (Record of identification for Džemal Balić, 6 June 2009); P2272 (Record of identification for Luka Blažanović, 6 June 2009); P2273 (Record of identification for Niko Brandić, 6 June 2009); P2274 (Record of identification for Miro Ćorković, 6 June 2009); P2275 (Record of identification for Luka Gregurević, 6 June 2009); P2276 (Record of identification for Husein Hrnić, 6 June 2009); P2277 (Record of identification for Sead Hurtić, 6 June 2009); P2278 (Record of identification for Izet Kahrimanović, 6 June 2009); P2279 (Record of identification for Franjo Mandić, 6 June 2009); P2280 (Record of identification for Ilija Matić, 6 June 2009); P2281 (Record of identification for Nezir Nadžak, 6 June 2009); P2282 (Record of identification for Josip Oršolić, 6 June 2009); P2283 (Record of identification for Selim Purak, 6 June 2009); P2284 (Record of identification for Ivo Tuzlak, 6 June 2009); P2285 (Forensic report for Ivan Agatić, 2 February 2009), pp. 1, 3; P2286 (Forensic report for Jozo Antunović, 31 January 2009), pp. 1, 3; P2287 (Forensic report for Džemal Balić, 3 February 2009), pp. 1, 3; P2288 (Forensic report for Luka Blažanović, 3 February 2009), pp. 1, 3; P2289 (Forensic report for Niko Brandić, 30 January 2009), pp. 1, 3; P2290 (Forensic report for Miro Ćorković, 2 February 2009), pp. 1, 3; P2291 (Forensic report for Luka Gregurević, 2 February 2009), pp. 1, 3; P2292 (Forensic report for Husein Hrnić, 3 February 2009), pp. 1, 3; P2293 (Forensic report for Sead Hurtić, 3 February 2009), pp. 1, 3; P2294 (Forensic report for Izet Kahrimanović, 2 February 2009), pp. 1, 3; P2295 (Forensic report for Franjo Mandić, 3 February 2009), pp. 1, 3; P2296 (Forensic report for Ilija Matić, 2 February 2009), pp. 1, 3; P2297 (Forensic report for Nezir Nadžak, 30 January 2009), pp. 1, 3; P2298 (Forensic report for Josip Oršolić, 2 February 2009), pp. 1, 3; P2299 (Forensic report for Selim Purak, 2 February 2009), pp. 1, 3; P2300 (Forensic report for Ivo Tuzlak, 2 February 2009), pp. 1, 3. The Trial Chamber notes that in the English translation of P2720 the date of exhumation is illegible. It is however clearly legible in the original version of the exhibit.

1277. Decision on motion for admission of agreed facts, 12 January 2011; First Joint Motion for Admission of Agreed Facts between the Prosecution and the Stanišić Defence, 16 February 2010, Annex A, Part L.

“608. On the basis of the Adjudicated Facts and on the basis of the evidence of Witness B- 1108, Witness JF-047, and Witness B-1638, the forensic documentation, and exhibit P1416, the Trial Chamber finds that on or about 7 May 1992, three men shot and killed nine men, namely Jozo Antunović, Ivan Agatić, Luka Blažanović, Niko Brandić, Luka Gregurević, Sead Hurtić, Ilija Matić, Josip Oršolić, and Ivo Tuzlak, at the Crkvina warehouse in Bosanski Šamac municipality.¹²⁷⁹”

1279. The forensic evidence does not provide a clear cause of death for Niko Brandić and Ivo Tuzlak. The Trial Chamber is nonetheless satisfied that they were shot and killed in view of the Adjudicated Facts and the remainder of the evidence before it.

“609. The forensic evidence shows that the bodies of Džemal Balić, Miro Ćorković, Izet Kahrimanović, Nezir Nadžak, Selim Purak, Husein Hrnić, and Franjo Mandić were likewise exhumed in Crkvina, and that the possible or probable cause of death for five of these men was a firearm injury. Having further considered that according to the Adjudicated Facts, 16 detainees were killed in this incident, the Trial Chamber finds that on or about 7 May 1992, the same three men also shot and killed the above seven persons, at the Crkvina warehouse.¹²⁸⁰ Based on the Adjudicated Facts and having reviewed the evidence of Witness B-1108, the Trial Chamber finds that prior to killing the 16 men, the perpetrators had lined several of them up against the wall.”

 

1280. The forensic evidence does not provide a clear cause of death for Husein Hrnić and Franjo Mandić. The Trial Chamber is nonetheless satisfied that they were shot and killed in view of the Adjudicated Facts and the remainder of the evidence before it.

P.6. Evidence that specific people were never seen again.

A. Legal source/authority and evidence:

<link http www.legal-tools.org doc _blank>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"

"1297. Witness P-105, T. 1191; Witness P-113, KT. 3038."

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. […]"

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.⁵⁷

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.⁵⁸ 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."

"57. Nehemiah Robinson, the Genocide Convention: A Commentary (1960), p. 123.

58. Robinson, supra, pp. 63-64."

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:

It is clear at least in the case of the crime against humanity of extermination that "indirect" means of killing are also covered. This is explicity stated in footnote 8, which 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."

However it is not clear the extent to which similar conduct would be covered by the same element (namely the requirment that "the perpetrators killed one or more persons") where this element appears in other crimes. Since killing is consistently said to mean causing death, it would appear to be wide enough to include "indirect" killing, so long as the appropriate mental elements are satisfied. A slightly more difficult question may arise however in the case of genocide by killing, since a distinct form of genocide "by deliberately inflicting conditions of life calculated to bring about physical destruction", however this form of genocide would remain different from genocide by killing in any event since it does not require evidence of any actual deaths.

As to the meaning of "indirect" killing, presumably the reference to "inflicting conditions of life calculated to bring about the destruction of part of a population" would be a form of indirect killing. A footnote to article 7(1)(b) clarifies that this includes deprivation of access to food and medicine. A footnote to article 6(c) states that "conditions of life" may include, but is not necessarily restricted to, deliberate deprivation of resources indispensible for survival, such as food or medical services, or systematic explusion from homes.

However the construction of the element leaves it unclear whether indirect forms of killing (including depriving people of food and medicine) would meet the requirements of this element where it was not associated with an intent to destroy part of a population.

No cases tried before the ad hoc international tribunals so far have alleged extermination, murder or wilful killing based only on indirect killing, or on a situation where the deaths in question were caused exclusively by the imposition of conditions of life. However some cases of extermination have included amongst the many deaths some that resulted from indirect methods of killing, such as those related to conditions of imprisonment. In addition, the crime of genocide includes an analogous form of actus reus, namely "deliberately inflicitng on the grop conditions of life calculated to bring about is physical destruction in whole or in part". That crime was tried by the Israeli District Court in the Eichmann case. However, wheras in the Eichmann case the Court held that this type of genocide was only relevant where death did not result (because where death did result genocide by killing was the relevant crime) in respect of the crimes against humanity of murder or extermination or the war crimes of wilful killing or murder, criminal responsibility would only arise where death resulted

P.7. Evidence of conditions of imprisonment.

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. 348:

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.

 

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.

We heard the following about the Majdanek camp from Yisrael Gutman (Session 63, Vol. III, p. 1154):

Dr. Aharon Beilin describes the living conditions in the Auschwitz camp:

Nor did the persecutors spare the women. Judge Beisky gives evidence about the Plaszow camp in the suburbs of Cracow (Session 21, Vol. I, p. 353-354):

And this is what Yitzhak Zuckerman said about forced labour of Jews from Warsaw in the Kampinos camp (Session 25, Vol. I, p. 409):

Witnesses described cruel corporal punishments - the "Stehbunker" (standing cell), a narrow cell, where a man could not turn around nor move his hands. People were kept standing there for ten to twelve hours and more, and when they emerged, tortured and dazed, they had to go back to work immediately. They related how a man was hanged in the presence of his comrades during roll-call, because of some potatoes he had taken to still his hunger. They told of endless tortures, such as marksmanship competitions among SS men, using live men as targets. Dov Freiberg says in evidence (Session 64, Vol. III, p. 1171-1172):

Let these examples suffice. Of course, more could be added from the stories of woe and suffering to which we listened, in order to prove that the reign of terror in the camps was bound to break a man's spirit, as well as his mental and physical powers of resistance."

P.8. Evidence of living conditions 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.9. Evidence of conditions during deportations or displacement.

A. Legal source/authority and evidence:

Guatemala: Memory of Silence, Report of the Commission for Historical Clarification February 1999 (online: The Prosecutor v. Momcilo Perisic, Case No. IT-04-81, Judgement (TC), 6 September 2011, para. 739:

739. Based on the entire evidence in this case, the Trial Chamber has already found that VRS and/or MUP personnel perpetrated the killings specifically enumerated in Schedule D of the Indictment, except for scheduled incidents 3.1, 3.2, 4.2, 4.3 and 5.2. The Trial Chamber finds that the victims of these killings were Bosnian Muslim men who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated at Potočari. Hence, the victims of these killings did not take an active part in the hostilities at the time they were killed and this was apparent to those involved. The Trial Chamber is also satisfied that the killings were intentional.