8.a. [Mental element for Element 5] Conduct of holding hostage: The perpetrator meant to seize, detain or otherwise hold hostage one or more persons.

P.10. Evidence inferred from an utterance, a document, or a deed.

P.10.1. Evidence of the perpetrator threatening hostages and purporting to obtain a concession or gain an advantage.

P.11. Evidence inferred from a circumstance.

8.a. [Mental element for Element 5] Conduct of holding hostage: The perpetrator meant to seize, detain or otherwise hold hostage one or more persons.

P.10. Evidence inferred from an utterance, a document, or a deed.

P.10.1. Evidence of the perpetrator threatening hostages and purporting to obtain a concession or gain an advantage.

A. Legal source/authority and evidence:

Prosecutor v. Dario Kordić and Mario Čerkez, Case No. IT-95-14/2-T, Judgement (TC), 26 February 2001, paras. 784, 788:

"784. (b) Dr Muhammad Mujezinovic was asked by Mario Cerkez to set up a Commission from 300 detainees held in the basement of the Vitez cinema to call upon the ABiH to stop attacking or all prisoners held in Vitez would be killed.⁴⁴"

"44. Dr. Muhamed Mujezinovic, T. 2199-2200; Witness G, T. 3902-03."

"788. (viii) On 19 April 1993, according to Dr. Mujezinovic, Mario Cerkez told him that the ABiH had broken through the front line at Dubravica: the witness had to ring the 3^rd Corps Commander and say that there were 2,223 prisoners and that if the Muslim advance continued on Vitez he would order the killing of the prisoners. The witness did so and the Commander agreed to halt the advance.⁷⁴ He was cross-examined about his witness statement of 1995, in which he said that Ivica Santic and Pero Skopljak threatened that, if the ABiH attacked, they would kill the people in the basement plus 2,323 prisoners."

"74. T. 2199-2000."

Prosecutor v. Tihomir Blaškić, Case No. IT-95-14-T, Judgement (TC), 3 March 2000, paras. 706-707:

"706. On 19 April 1993, Dr. Mujezinovic was taken off by two HVO soldiers to Vitez cultural centre. In an office were Mario Cerkez and five other persons all wearing HVO uniforms. Mario Cerkez said that the ABiH troops were advancing into town and that the witness had to obey his orders. He told the witness:

707. On the following morning, two local HDZ officials, Ivan Santic and Pero Skopljak, arrived to repeat the threat made by Mario Cerkez. Lastly, Dr. Mujezinovic was forced to sign a document put in front of him by Ivan Santic according to which the Muslims and Croats agreed inter alia to implement the Vance-Owen Plan even before it had been signed by the Serbs.¹⁶"

""14. Witness Muhamed Mujezinovic, PT of 20 August 1997, p. 1707."

16. P86."

[B. Evidentiary comment:]

P.11. Evidence inferred from a circumstance.