Table of contents:
5. The perpetrator killed one or more persons.31
5.1.1. Killing by direct methods.
P.1. General evidence of killing or massacres (where means not specified).
P.2. Evidence of killing by particular methods.
P.2.1. Evidence of shooting to death.
P.2.2. Evidence of killing with machetes.
P.2.3. Evidence of shelling causing death.
P.2.4. Evidence of killing by grenade.
P.2.5. Evidence of arson causing death.
P.2.6. Evidence of death caused by beatings.
P.3. Evidence of killing by combined methods.
P.4. Evidence of violence/attacks.
P.4.1. Evidence from witnesses who saw attacks.
P.4.2. Evidence from witnesses who heard attacks/violence.
P.4.4. Forensic evidence after conflict indicating attacks/violence.
P.5.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
P.5.2. Evidence identifying bodies that had been exhumed.
P.5.3. Forensic evidence relating to bodies later exhumed.
P.6. Evidence that specific people were never seen again.
5.1.2. Killing by indirect methods.
P.7. Evidence of conditions of imprisonment.
P.8. Evidence of living conditions in ghettos.
P.9. Evidence of conditions during deportations or displacement.
P.10. Evidence of the razing of villages and destruction of crops.
Element:
5. The perpetrator killed one or more persons.31
A. Evidentiary comment:
This element is common to articles 6(a) (genocide by killing), 7(1)(a) (the crime against humantiy of murder), 7(1)(b) (the crime against humanity of extermination), 8(2)(a)(i) (the war crime of wilful killing) and 8(2)(c)(i)-1 (the war crime of murder). In the three of those crimes the element contains a footnote (foonotes 2, 7, and 31 respectively) clarifying that "[t]he term "killed" is interchangeable with the term "caused death." According to that footnote it is applicable to all elements of crimes which use either of these concepts. Accordingly, "killed" in this element has the same meaning as "caused the death of". The ICTY has required that the accuseds conduct must be a "substantial cuase" of the victims death (Delalić Trial Judgment, 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 Delalić Trial Judgment, para. 422; Blaskić Trial Judgment, para. 181; Kordić Trial Judgment, para. 233). The ICTY has also held that the same material elements (contextual elements aside) are applicable to "killing" as required for the crime against humanity of murder: Kordić Trial Judgment, para. 236; Stakić Trial Judgment, 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 Delalić Trial Judgment, 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" (Akayesu Trial Judgment, para. 588). The ICTY Trial Chamber has also concluded, referring to the Commentary to the Fourth Geneva Convention, that "omissions as well as concrete actions can satisfy the actus reus element" of the war crimes of wilful killing and murder (Delalić Trial Judgment, para. 424). Some commentators have concluded that the Rome Statutes 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 stipulation that it includes "inflicting conditions of life calculated to bring about the destruction of part of a population" it seems possible that the drafters of the Statute did intend to include omissions, or at least to keep open that question. (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: Stakić Trial Chamber, para. 201.
5.1.1. Killing by direct methods.
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, 331, 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 Karadic 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 officers 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."
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, paras. 328, 339, 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."
"339. Prosecution Witness GEE testified that in the presence of those who were with him, Kamuhanda called upon the Hutus to carry out the attack and to stay up all night. The Witness survived and lay among the dead until 4:00am [the next day], when another attack was launched by the Hutus who were guarding the site. He escaped to a sorghum field and later fled to Lake Muhazi. According to the Defence, in his statement, the Witness declared that he hid in the sorghum fields after the attack, at 5:00pm on 12 April 1994, and not at 4:00am [the next day] as he testified in Court. The Witness explained that because, he had not seen Kamuhanda then, he did not think this information to be important to the investigators. In cross-examination, the Witness was asked why he had not mentioned in his statement that Kamuhanda ordered this 4:00am attack. He testified that it was an omission on his part and that he could not explain everything. Witness GEE did not see Kamuhanda leave the area because he was lying on top of dead bodies pretending to be dead."
"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, 222-226, 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. Among them were :
"459. Witness R, T. 4314.
460. Nusret Sivac, T. 6634.
462. Witness R, T. 4318-20.
463. Witness A, T.1920, Witness R, T. 4302, Nusret Sivac, T. 6686.
464. Witness A, T.1920-21.
465. Nusret Sivac, T. 6684-86, Dr. Beglerbegovic, T. 4148-49.
466. Witness R, T. 4315 and T. 4318.
467. Witness A, T.1909.
468. Witness R, T. 4319.
469. Nusret Sivac, T. 6680.
470. Witness A, T. 1909, Nusret Sivac, T. 6629-30.
471. Witness R, T. 4318-19.
472. Witness A, T.1910-11. Kerim Mesanovic, who was detained in Omarska, saw Crnalic being killed. Krle, who was the shift commander was present and Zeljko, the camp commander was also there. Kerim Mesanovic, 92 bis transcript in Kvocka, T. 5191.
473. Witness A, T.1911.
474. Witness R, T. 4319.
475. Witness A, T. 1912. Mirsad Mujadzic testified that this individual was killed in Omarska because it was believed that he was politically involved. Mirsad Mujadzic, T. 3737.
476. Witness A, T.1921. Mirsad Mujadzic, T. 3737.
477. Dr. Beglerbegovic, T. 4148-49.
478. Witness Z, T. 7560.
479. Witness R, T. 4315.
480. Witness R, T. 4314-15.
481. Witness R, T. 4315.
482. Witness R, T. 4315.
483. Witness R, T. 4315.
484. Emsud Garibovic, 92 bis transcript in Kvocka, T. 5819-22, T. 5837 and T. 5839.
485. Dr. Beglerbegovic, T. 4148.
486. Witness R, T. 4304-14.
487. Samir Poljak, T. 6374; Witness W, T. 6831.
488. Witness R, T. 4304 and T. 4314.
489. Witness A, T.1915-17.
490. Samir Poljak, T. 6374.
491. Witness R, T. 4320.
492. Witness A, T.1914.
493. Witness A, T.1911.
494. Witness A, T.1913-14.
495. Witness R, T. 4314; Samir Poljak, T. 6374.
496. Witness A, T. 1913 and Nusret Sivac, T. 6680.
497. Nusret Sivac, T. 6634.
498. Witness A, T.1912.
499. Nusret Sivac, T. 6634.
500. Witness A, T.1911-12.
501. Witness A, T. 1912; Dr. Beglerbegovic, T. 4148; Nusret Sivac, T. 6684-86; Witness Z, T. 7560.
502. Nusret Sivac, T. 6680.
503. Witness A, T. 1909
504. Witness A, T. 1910.
505. Witness A, T. 1913; Nusret Sivac, T. 6680.
506. Witness R, T. 4318.
507. Witness R, T. 4315.
508. Witness A, T. 1920
509. Witness A, T. 1915.
510. Witness A, T. 1920.
511. Witness A, T. 1919
512. Witness R, T. 4318.
513. Witness Z, T. 7560.
514. Witness A, T. 1914.
515. Nusret Sivac, T. 6686; Dr. Beglerbegovic, T. 4148-49; Witness Z, T. 7560.
516. Witness A, T. 1917.
517. Samir Poljak, T. 6373-74.
518. Witness A, T.1911.
519. Witness A, T. 1910; Dr. Beglerbegovic T. 4148-49; Nusret Sivac, T. 6686-87; Witness Z, T. 7560.
520. Nusret Sivac, T. 6680.
521. Witness A, T. 1913; Nusret Sivac, T. 6680.
522. Nusret Sivac, T. 6686; Dr. Beglerbegovic, T. 4148-49; Witness Z, T. 7560.
523. Nusret Sivac, T. 6686; Dr. Beglerbegovic, T. 4148-49; Witness A, T. 1914.
524. Witness A, T. 1913.
525. Witness A, T. 1920.
526. Witness A, T. 1918."
"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:
(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 Milosevics 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 victims 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 Cecezs 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."
A. Legal source/authority and evidence:
Prosecutor v. Jean de Dieu Kamuhanda, Case No. ICTR-99-54A-T, Judgement (TC), 22 January 2004, para. 314:
"314. [ ] The Witness testified that she could see wounded children fleeing towards them and a young girl whose legs were amputated sought refuge in their house."
Prosecutor v. Juvénal Kajelijeli, Case No. ICTR-98-44A-T, Judgement (TC), 1 December 2003, para. 580:
"580. Defence Witness MLCF testified that he saw at least thirty people fleeing from the Busogo Parish Convent. Those who were fleeing seemed to be in a panic and consisted largely of women and children. Shortly thereafter, the Witness heard the noise of many people coming from the Convent and the dispensary. [ ]"
Prosecutor v. Elizaphan and Gérard Ntakirutimana, Cases No. ICTR-96-10 and ICTR-96-17-T, Judgment (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 thats 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."
P.4.4. Forensic evidence after conflict indicating attacks/violence.
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 Prosecutors 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."
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 victims 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 Chambers opinion, relevant factors include, but are not limited to, the coincident or near-coincident time of death of other victims, the fact that the victims were present in an area where an armed attack was carried out, when, where and the circumstances in which the victim was last seen, and the behaviour of soldiers in the vicinity, as well as towards other civilians, at the relevant time."
85 Kvočka Appeal Judgement, para. 260. See also Tadić Trial Judgement, para. 240 ("Since these were not times of normalcy, it is inappropriate to apply rules of some national systems that require the production of a body as proof to death. However, there must be evidence to link injuries received to a resulting death") and Krnojelac Trial Judgement, para. 326.
P.5.1. Evidence of dead bodies seen soon after killings by eyewitnesses.
A. Legal source/authority and evidence:
Prosecutor v. Vidoje Blagojević and Dragan Jokić, Case No. IT-02-60-T, Judgement (TC), 17 January 2005, 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 Karadjic 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 Companys 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 Deronjics 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 Simics 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 MPs, 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 Ristanovics 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 Ristanovics 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. Draen 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. Draen 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."
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 neighbours 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 Musics 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."
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 and ICTR-96-17-T, Judgment (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]"
"[963] T. 30 October 2001 pp. 139-146; T. 31 October 2001 pp. 76-86 and 92."
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. 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 Fathers 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."[83]"
"[83] 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."
P.5.2. Evidence identifying bodies that had been exhumed.
A. Legal source/authority and evidence:
ICTY, The Prosecutor v. Jovica Staniić 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."
ICTY, The Prosecutor v. Jovica Staniić and Franko Simatović, IT-03-69-T, Judgement (TC), 30 May 2013, para. 467:
"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."
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 fathers body and a DNA test later confirmed that identification.664"
"664. Nermin Karagic, T. 5247-50."
P.5.3. Forensic evidence relating to bodies later exhumed.
A. Legal source/authority and evidence:
The Prosecutor v. Momcilo Perisic, Case No. IT-04-81, Judgement (TC), 6 September 2011, para. 677-678.
677. The Trial Chamber notes that Deronjics 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.
Prosecutor v. Mile Mrkić 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 Chambers 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 Strinovics 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 Laete, next to Orahovac, and secondary graves along the Hodici Road. The investigation of the geographic composition of the surrounding area showed that bodies in graves at Hodici Road came from the primary grave site at Laete.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 Hodici 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 Laete 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 Laete 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 Laete 2 grave site, p. x.
1243. Ex. P752, Report of William Haglund, forensic investigation of the Laete 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 Hodici Road site 3, October 1998), p. 2-3; Ex. P763 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodici Road site 4, October 1998), p. 2-3; Ex. P764 (Expert Report of Christopher Lawrence on autopsies of human remains from Hodici 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 Prosecutions 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 Prosecutions 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 Prosecutions 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 Prosecutors 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 experts 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. Haglunds 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 mans 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." [...]"
P.6. Evidence that specific people were never seen again.
A. Legal source/authority and evidence:
Prosecutor v. Mile Mrkić 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 policemans 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 "lets kill him, lets 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 Karadic 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.428 They were never seen again."
"428. Witness T, 92 bis transcript in Kvocha, T. 2743."
"255. A second attack on Hambarine occurred on or around 1 July 1992. Witness Q testified that she and her family were living in Gomjenica and one afternoon she heard a noise and saw a group of soldiers rounding up people from the surrounding houses. She asked her husband to leave, but the soldiers came with weapons and with masks over their faces and began to beat her husband in front of her and the children.610 The soldiers told Witness Q to go back to the house and they took her husband away. That was the last time she saw him.611"
"610. Witness Q, T. 3937 .
611. Witness Q, T. 3947."
"258. [ ] Two men, Husnija Hadzic and Hare Pelak, were taken by the soldiers that day to assist with the collection of the bodies. They have not been seen since that time.621"
"621. Witness S, T. 5906-07."
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 Rusanganwas legs and an arm.[281] Bisengimana then took the machete and cut Rusanganwas 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" Rusanganwas 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. Georges Rutaganda, Case No. ICTR-96-3, 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. Georges Rutaganda, Case No. ICTR-96-3, Judgement (TC), 6 December 1999, paras. 52, 84:
52. In the opinion of the Chamber, the words "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part", as indicated in Article 2(2)(c) of the Statute [genocide], are to be construed "as methods of destruction by which the perpetrator does not necessarily intend to immediately kill the members of the group", but which are, ultimately, aimed at their physical destruction. The Chamber holds that the means of deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part, include subjecting a group of people to a subsistence diet, systematic expulsion from their homes and deprivation of essential medical supplies below a minimum vital standard.
84. [ ] Further, this act or omission [that constitutes extermination] includes, but is not limited to the direct act of killing. It can be any act or omission, or cumulative acts or omissions, that cause the death of the targeted group of individuals.
Prosecutor v. Clément Kayishema and Obed Ruzindana, Case No. ICTR-95-1-T, Judgement (TC), 21 May 1999, paras. 115 116, 146:
115. The Trial Chamber concurs with the explanation within the Draft Convention, prepared by the U.N. Secretariat which interpreted this concept to include circumstances which will lead to a slow death, for example, lack of proper housing, clothing, hygiene and medical care or excessive work or physical exertion.[1][20]
116. It is the view of the Trial Chamber that "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," includes methods of destruction which do not immediately lead to the death of members of the group. The Chamber adopts the above interpretation.[2][21] Therefore the conditions of life envisaged include rape, the starving of a group of people, reducing required medical services below a minimum, and withholding sufficient living accommodation for a reasonable period, provided the above would lead to the destruction of the group in whole or in part.
146. The act(s) or omission(s) may be done with intention, recklessness, or gross negligence. The creation of conditions of life that lead to mass killing is the institution of circumstances that ultimately causes the mass death of others. For example: Imprisoning a large number of people and withholding the necessities of life which results in mass death; introducing a deadly virus into a population and preventing medical care which results in mass death. [ ]
Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4, Judgment (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 it 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. 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:
Report of the International Law Commission on the work of its forty-eighth session 6 May 26 July 1996, (A/51/10) para. 50: Commentary to Article 17, sub-para. 15 (pages 91 92):
"Regarding subparagraph (c) [of article 17, on the crime of genocide], the phrase deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part was drawn from article II, subparagraph (c) of the Convention.123 It was suggested that deportation should be included in subparagraph (c). The Commission, however, considered that this subparagraph covered deportation when carreid out with the intent to destroy the group in whole or in part."
"123. "The word deliberately was included there to denote a precise intention of the destruction, i.e., the premeditation related to the creation of certain conditiosn of life It is imposeieble to enumerate in advance the conditions of life that would come within the prohibition of Article II; the intent and probability of the final aim alone can determine in each separate case whether an act of Genocide has been committed (or attempted) or not. Instances of Genocide that could come under subparagraph (c) are such as placing a group of people on a subsistance diet, reducing required medical services below a minimum, withholding sufficient living accommodations, etc., provided that these restrictions are imposed with intent to destroy the group in whole or in part." Nehemiah Robinson, the Genocide Convention: A Commentary (1960) pp. 60 and 63-4."
Guatemala: Memory of Silence, Report of the Commission for Historical Clarification, February 1999 (online: shr.aaas.org/guatemala/ceh/report/english/toc.html),, paras. 117 118:
"117. Furthermore, in the four regions which were the object of this special investigation, people were also persecuted during their displacement. The CEH has established that in the Ixil area, displaced persons were bombed. Similarly, those who were captured or gave themselves up voluntarily continued to be the object of violations, in spite of being under the Armys absolute control."
"118. The CEH concludes that some of the acts mentioned in the two previous paragraphs constitute the "deliberate infliction on the group of conditions of life" that could bring about, and in several cases did bring about, "its physical destruction in whole or in part" (Article II. c. of the Convention)."
P.10. Evidence of the razing of villages and destruction of crops.
A. Legal source/authority and evidence:
Guatemala: Memory of Silence, Report of the Commission for Historical Clarification, February 1999 (online: shr.aaas.org/guatemala/ceh/report/english/toc.html), paras. 116, 118:
"116. The investigation has also proved that the killings, especially those that were indiscriminate massacres, were accompanied by the razing of villages. This was most significant in the Ixil region, where between 70% and 90% of villages were razed. Also, in the north of Huehuetenango, in Rabinal and in Zacualpa, whole villages were burnt, properties were destroyed and the collectively worked fields and harvests were also burnt, leaving the communities without food."
"118. The CEH concludes that some of the acts mentioned in the two previous paragraphs constitute the "deliberate infliction on the group of conditions of life" that could bring about, and in several cases did bring about, "its physical destruction in whole or in part" (Article II. c. of the Convention)."
