1. Break-up of the SFRY
192. From 1945 to 1990 the SFRY was composed of six republics: Croatia, Bosnia and Herzegovina (“BiH”),324 Macedonia, Montenegro, Serbia (comprising the autonomous regions of
321 Indictment, para. 4(a), see Annex A.
322 Defence Counsel, T. 20073; see also Prosecutor, T. 20334, 20353.
323 See, for example, Tadi} Trial Judgement, paras 53-126; Kordi} Trial Judgement, paras 453-466; Čelebi}i Trial Judgement, paras 91-119; Martinovi} Trial Judgement, paras 13-25.
324 The term BiH will be used throughout the Judgement to denote, according to the context, either the federate entity before the dissolution of the SFRY or the sovereign state emerged during 1992.
Kosovo and Vojvodina), and Slovenia. BiH was unique in that no ethnicity had a majority and therefore no distinct “Bosnian nation” was recognized within the constitutional order.325
193. After 18 November 1990326 the Assembly of BiH was dominated by the three leading nationalist parties: the Croatian HDZ, the Serbian SDS, and the Muslim SDA. In Sarajevo, the three parties divided among themselves key positions at both municipal and republican levels.327 Alija Izetbegovi}, a Muslim, became President of the BiH Republic.328
194. Slovenia and Croatia declared their independence from the SFRY in June 1991; during the following months, they strove to establish themselves as sovereign states.329 This had an impact in BiH. In September 1991, the Main Board of the SDS recommended the formation of Serbian Autonomous Regions. The first of these was the region of Romanija-Birač in the Sarajevo area, which included, since its inception on 17 September 1991, the municipality of Pale and, from 24 December 1991, the municipality of Ilija{.330 On 15 October 1991, after the Assembly had adjourned for the day by its President Krajisnik, the SDS delegates departed; however, HDZ and SDA delegates reconvened and passed a “Declaration of Sovereignty.” The Declaration blamed the federal government for the disintegration of the SFRY and proclaimed the sovereignty of BiH.331 195. On 24 October 1991, BiH Serbs formed the Assembly of the Serbian People of BiH332 and, in a plebiscite held on 9 and 10 November, overwhelmingly voted to remain part of the SFRY.333 By the end of 1991, Yugoslav People’s Army (“JNA”) troops and tanks, withdrawn from Slovenia and Croatia, headed towards strategic locations in BiH.334 On 9 January 1992, the Serbian Republic of BiH (Republika Srpska) was proclaimed with the aim of confederating part of BiH with the SFRY, or otherwise of declaring secession from BiH in order to join the SFRY.335 During the first months of 1992, Serbian institutions in competition with the ones controlled by the Presidency of
325 According to both the 1981 and the 1991 censuses, the BiH ethnic composition was approximately 44% Muslims, 31% Serbs, and 17% Croats. Guskova Report, p. 3. The demographic data on Sarajevo are in dispute among the Parties in this trial. The Defence relies on the 1981 census (Defence Final Trial Brief, paras 4-6), while the Prosecution alleges that the 1991 census is a reliable source of data.
326 Guskova Report, p. 6; Donia Report, p.1.
327 Donia Report, p. 1.
328 Guskova Report, p. 8; Radinovi} Report, para. 26.
329 Radinovi}, although denying that the conflict in the former Yugoslavia was of international character (Radinovi}
Report, para. 2) stated that the war started “in the frontier areas between the former Yugoslav Republics” (Radinovi}
Report, para. 5).
330 Donia Report, pp 2-3.
331 Guskova Report, pp 10-11; Donia Report, p. 3.
332 Donia Report, p. 3.
333 Donia Report, p. 3, reports that voters were required to identify themselves as to their ethnicity and that the few non-Serb voters received ballots of a different colour.
334 In Sarajevo, they headed towards the Lukavica barracks and were seen passing through the streets in Dobrinja, Hadžić,T. 12201.
335 Guskova Report, pp. 8; 12-13; Radinovi} Report, para. 70.
the BiH Republic (“the Presidency”) were established throughout BiH, including in most of Sarajevo’s ten municipalities.336
196. On 26 November 1991, the SFRY government requested the Security Council to send a peace-keeping mission to the SFRY.337 On 21 February 1992, the Security Council decided to establish the UN Protection Force (UNPROFOR) to “create the conditions of peace and security required for the negotiation of an overall settlement of the Yugoslav crisis”.338 Shortly thereafter, the Parliament of BiH organized a referendum on independence from the SFRY, held on 29 February and 1 March 1992 and boycotted by Bosnian Serbs. With full support from BiH Croats and Muslims, the Presidency declared BiH an independent state on 3 March 1992.339 In early March 1992, conflict broke out along ethnic lines in various locations in BiH.340 In April 1992, pursuant to a decision by the BiH Presidency, loyal Territorial Defence units, together with paramilitary groups, Bosnian-Croat forces (HVO), and Muslim JNA officers, were gradually incorporated into the Army of BiH (“ABiH”).341
2. Sarajevo: Armed Conflict and Military Encirclement
197. Sarajevo, the capital of BiH, is built in a hilly region along an east-west axis which follows the Miljacka River.342 By 1992, Sarajevo had grown into the most important political, cultural, industrial, and commercial centre of BiH.343 It was relevant to all BiH ethnic groups both as a symbol and for its strategic location.344
198. Sarajevo was made up of ten municipalities: Stari Grad (Old Town), Centar (Centre), Novo Sarajevo, Novi Grad, Vogoš}a, Ilidža, Pale, Ilijaš, Hadžići, and Trnovo.345 According to the 1991 census, the municipality of Pale was the only one in which BiH Serbs constituted an absolute
336 Donia Report, pp. 4-6.
337 See SC Resolution 721 of 27 November 1991.
338 SC Resolution 743 of 21 February 1992, reaffirmed by S.C. Resolution 749 of 7 April 1992.
339 Kupusovi}, T. 614-6; Guskova Report, p. 13; Donia Report, p. 8; Terzi} Report, p. 49, suggesting that the constitutionally mandated majority of two thirds for the vote had not been reached.
340 Guskova Report, p. 18.
341 Radinovi} Report paras 53-54; 61-62; Karaveli}, T. 11894-11904; Kupusovi}, T. 644; Sabljica, T. 5310.
342 Stipulated Facts 3, 4.
343 Kupusovi}, T. 610; Radinovi} Report, para. 99.
344 Stipulated Facts 2, 5, 6; Guskova Report, p. 40; Kupusovi}, T. 610-612; Briquemont, T. 10144-5.
345 Donia Report, p. 1; Radinovi} Report, paras 78-82. With respect to the population in Sarajevo, according to the 1991 census, the population was 592,980– about 49.2% Muslims, 29.8% Serbs, 6.6% Croats, 10.7% self-described Yugoslavs, and 3.7% of other nationalities. Donia Report (Appendix B); Kupusovi}, T. 610. According to the Radinovi} Report (para. 83) and Smail Ceki}’s estimates, the population in 1992 was about 527,000, of which 220,000-259,000 Muslims (Ceki}, T. 12871-2).
majority (around 69%). The Serbs were a simple majority in Ilidža and Ilija{. In Novo Sarajevo they were in approximately equal numbers to the Muslims.346
(a) April 1992: Armed Conflict Erupts in Sarajevo
199. In early March 1992, barricades and checkpoints were erected in Sarajevo by both SDS and SDA members.347 Forces loyal to the BiH Presidency seized strategic buildings and military equipment, while the SDS gradually took control of much of the city’s western and northern suburbs.348 Much evidence at trial highlighted the psychological impact of a killing of a Serb during a wedding party on 1 March 1992.349 Armed conflict broke out after the European Community recognized BiH as a sovereign state on 6 April 1992.350 Extensive gunfire erupted in Sarajevo, with each side accusing the other of having started the hostilities.351 Also on 6 April, according to the Donia Report, the JNA attacked the Ministry of Training Academy in Vrace, the central tramway depot, and the Old Town district with mortar, artillery, and tank fire, and JNA units seized control of Sarajevo’s airport.352 “The JNA expanded its control of approaches to the city by establishing road blocks along key roads. By the end of April, the contour of Sarajevo’s siege was largely established.”353 On 22 April 1992, a peace rally in front of the Assembly of the Republic was broken up by shots coming from the Holiday Inn.354
(b) May 1992: Further Attacks in Sarajevo and Establishment of a Bosnian-Serb Army
200. On 2 May 1992, a major JNA attack on the centre of Sarajevo occurred while President Izetbegovi} was in Lisbon for negotiations. That day, Tarik Kupusovi}, a member of the town council, witnessed tanks approaching from Lukavica, a neighbourhood in the southern part of Sarajevo, and opening fire on the Presidency building. Fire was returned from those buildings.
Forces loyal to the BiH Presidency prevented the JNA from storming the Presidency, but only
346 Donia Report, Appendix B; witness AD, T. 10651 (closed session). The Defence stresses that in at least 8 of the ten municipalities of Sarajevo, more than 50% of the land was possessed by Serbs, and claims that Bosnian Serbs were deeply rooted in the area (Defence Final Trial Brief, paras 4, 6; Radinovi} Report, para. 84; Terzi} Report, pp 18-21).
The contribution of Serbs to Sarajevo history and culture are extensively dealt with in the Terzi} Report, especially pp.
18-32. The Trial Chamber does not deem it necessary to take a position on the possible relevance of these data and on their conflicting interpretations. On Ilidza, see Radinovi} Report, para. 84.
347 Kupusovi}, T. 616; Sokolar, T. 3586-8; Donia Report, p. 8; Radinovi} Report, para. 111; Fact agreed in Court by the Parties, T. 15240.
348 Guskova Report, p. 19; Radinovi} Report, paras 113-114.
349 Donia Report, p. 8; Guskova Report, p 14; Radinovi} Report, para. 111; Sokolar, T. 3566; 3586; Witness AD, T.
10654-5 (closed session).
350 Stipulated Fact 15; Sokolar, T. 3605; Guskova Report, p. 22. Shooting took place at, among other places, the Assembly of the Serbian People of BiH. Facts agreed in Court by the Parties, T. 7658-9; Sokolar, T. 3569; Kupusovi}, T. 616; witness DP36, T. 18016.
351 Donia Report, p. 9; Kupusovi}, T. 616; DP36, T. 18016-18025; DP3, T. 13508.
352 Donia Report, p. 9.
353 Donia Report, pp 9-10.
354 Donia Report, p. 9; Kupusovi}, T. 622-623.
barely.355 “After that the town was exposed to very heavy shelling. A couple of days later the Bascarsija, the centre of old Sarajevo, was set alight, the national and university libraries, the railway station, the post office and many key buildings in town were heavily shelled and destroyed.
₣…ğ This started already on the 2nd or 3rd of May and went on for several weeks, with interruptions, went ₣onğ every day or every other day we experienced shocks. Zetra was destroyed, the Olympic Sports Hall, ₣…ğ the railway station had gone, ₣…ğ many apartments buildings had burned or several floors of those buildings and several apartments. ₣…ğ The buildings that I mentioned are scattered all over town, so one could not identify a particular part of town being targeted, except for the buildings themselves, that were symbols of the town and were essential for its functioning, like the post office, the railway stations, the Zetra sports hall, and similar such facilities.”356
201. After the JNA partially withdrew,357 the parliament of Republika Srpska on 12 May 1992 ordered the formation of the Bosnian-Serb Army (“VRS”),358 designating General Ratko Mladi}
Chief of its General Staff.359 On 22 May 1992 BiH was admitted as a member state of the United Nations.360 The Security Council called for the withdrawal of foreign forces, including the JNA, from BiH territory.361 That same day, General Mladi} ordered the formation of the Sarajevo Romanija Corps (“SRK”),362 one of the five constituent Corps of the VRS. It was to be located in the greater Sarajevo area, the former zone of responsibility of the 4th JNA Corps.363 JNA elements joined local Territorial Defence forces364 and participated in organizing and staffing the SRK.365
355 Kupusovi}, T. 635-7; 716-8. Eldar Hafizovi} thought the incident had taken place on 1 May 1993, although was not sure of the date and only remembered with certainty it occurred on a holiday, T. 7757; see also fact agreed in Court by the Parties, T. 13531-5.
356 Kupusovi}, T. 636-7. A similar chronology and response of shock by Sarajevan civilians was provided by other witnesses, for instance Witness J said the war in Sarajevo first broke out on 4 April 1992 and for the first ten days or so, no one could believe it. Then there was a “feeling that something was wrong” and the shooting started. Around 2 May 1992, the war really started with shooting and shelling regularly occurring which continued up to and beyond September 1992 (T. 8043).
357 Kupusovi}, T. 643; Donia Report, p. 10; Radinovi} Report, para. 14; witness DP36 confirmed that the eye-witnessed JNA withdrawal, T. 18035-18036. During the withdrawal, forces loyal to the Presidency attacked retreating columns of JNA soldiers on various occasions with the aim to seize military material; Radinovi} Report, paras 27-28; 56.
358 Donia Report, p. 11; Radinovi} Report, paras 12-15; 126.
359 Stipulated Fact 18; Radinovi} Report, para. 12.
360 UN GA Res. 46/237, 22 May 1992, UN doc. A/Res/46/237 (1992).
361 UN SC Res. 752, 15 May 1992 and UN SC Res. 757, 30 May 1992; Guskova, T. 19427; Guskova Report, p. 19.
362 Stipulated Fact 19; Radinovi} Report, paras 14; 126.
363 Radinovi}, T. 21068; Radinovi} Report, paras 92-95.
364 TO units, the bulk of local defence strategy in SFRY times, had started splitting along ethnic lines since late 1991, Karaveli}, T. 11904.
365 Donia Report, pp. 7-8; Robert Donia, T. 7620; Witness D, T. 1890; DP9, T. 14441; Goli}, T. 14847-51; 14860;
Witness DP5, T. 15239-42 (stating that, in Neđari}i, the TO had become a military organization in March 1992; after May 1992, BiH forces used weapons and material left behind by the JNA) and T. 15247-9 (stating that TO members were recognised retroactively as having enlisted into the military from 4 April 1992); Witness DP53, T. 16114;
Dževlan, T. 3515 (affirming that the JNA evolved into the VRS); Kupusovi}, T. 643. The Radinovi} Report (para. 19) states that professional soldiers of the VRS originated from BiH, “while the major part of the command cadre originated from the reserve cadre contingent.” The assistance from Yugoslavia (Serbia and Montenegro) to the VRS and the
The SRK comprised overall about 18,000 soldiers366 divided into ten to thirteen brigades,367 ranging from a few dozen troops to several thousands,368 themselves divided into battalions and companies.369 The main SRK forces were positioned around what was colloquially called the inner ring of Sarajevo, in particular in the area of Ilidža, Neđari}i and Grbavica.370 Until the end of 1992, seven SRK brigades were positioned in that part of confrontation lines constituting the “inner ring”, whose length was some 55 kilometres.371 Auxiliary forces of the Corps were positioned on the so-called exterior ring of the Sarajevo front, which length was some 180 kilometres.372
Republika Srpska is described in the Radinovi} Report, para. 49. Contacts of Bosnian Serbs with the Minister of Defence of the Republic of Serbia as early as in Autumn 1991 are discussed by the Guskova Report, p. 16.
366 Stipulated Fact 20. Each brigade headquarters included a staff whose structure replicated that of the Corps headquarters in order to facilitate communication. Philipps, T. 11692-3.
367 Philipps, T. 11685. In the first phase of its existence, the SRK consisted of thirteen brigades, three independent regiments for support, and five battalions for servicing and supplies. Three brigades from the earliest composition of the 4th Corps of the JNA became part of the SRK: the 49th Motorized Brigade (reformed and renamed 1st Sarajevo Motorized Brigade); the 120th Light Infantry Brigade (renamed 2nd Sarajevo Light infantry Brigade); the 216th Mountain Brigade (renamed 1st Romanija Infantry Brigade), which was located east of Sarajevo in Pale; Radinovi} Report, para.
92. The other Brigades were: the Novo Sarajevo Brigade, the 2nd Romanija Motorized Brigade, and the Ko{evo, Vogo{}a, Ilija{, Ilid`a, Bla`uj, Had`i}i, Rogatica and Trnovo Light Brigades. The regiments were grouped as: artillery, anti-tank, anti-armour. The battalions were: military police, medical battalion, engineering, transportation and logistics (Phillips, T. 11529). During the summer and autumn of 1992, the SRK composition was being finalised. Brigades were reconstituted, so that the Trnovo and Novo Sarajevo Brigades were brought under the 1st Romanija Infantry Brigade;
also, the Igman Brigade was formed from the Blazuj and Hadži}i ones (DP18, T. 16433-16434). At the end of November 1992, the Romanija Motorized Brigade and the Rogatica Brigade were transferred to the VRS Drina Corps (Philipps, T. 11528), so that the number of SRK brigades was brought down to nine (Philipps, Chart 2). Towards the end of 1993 and beginning of 1994, the Rajlovac, the Vogo{}a and the Ko{evo brigades were integrated into a new 3rd Sarajevo Brigade and the total number of brigades was reduced to seven (Philipps, T. 11570-1, Chart 3; Radinovi}
Report, para. 13 of Summary and Conclusions). An estimate of the positions of the single brigades of the SRK in the Sarajevo region is provided by the Radinovi} Report, para. 129.
368 Philipps, T. 11546; for instance, as of 11 April 1993, the 2nd Sarajevo Light infantry Brigade was composed of only 56 men (T. 11558), while the Ilidža brigade consisted of about 3,000 troops (T. 11559).
369 A brigade generally consisted of several battalions varying in size from 56 to over 700 troops. Philipps, T. 11554. A battalion was divided into companies. Philipps, T. 11555; Witness DP4, T. 14201; Briquemont, T. 10115. A company was divided into four platoons with 24 to 32 members, Witness DP9, T. 14505-14507..
370 Radinovi} Report, para. 106; Karaveli}, T. 12005; Lazi}, T. 13755-6 (Ilid`a, Neđari}i); Kolp, T. 8256, Kupusovi}, T. 657 and Niaz, T. 9081 (with respect to Grbavica).
371 Radinovi} Report, para. 129. Radinovi} stated that the description was made on the basis of the operative documents of the warring sides which were accessible to them, on the basis of secondary sources as well as on the basis of recounts of brigade commanders and other superior officers of the SRK. The information provided by Radinovi} is however not properly sourced, and the Trial Chamber only refers to it as general information with no specific value in respect to the charges bright in the Indictment. Radinovi} stated that until the end of 1992, the SRK positions were as follows: (1) the 1st Sarajevo Mechanized Brigade on the front from Gornji Kotorac to the left and Knjeginac to the right. The front line from Grbavica to Knjeginac was held by forces of 1st Romanija Infantry Brigade, from the beginning of the war til mid 1993. (2) the 1st Romanija Infantry Brigade from Knjeginac up to Pasino Brdo (front of 65 km) (3) Ko{evo Light Infantry Brigade defended the part of the front from Pasino Brdo up to Hotonj (front of 9.5km). (4) Vogo{~a Brigade was holding the front from Hotonj up to Perivoje (front of 29 km). (5) Rajlovac Brigade was holding the front from Perivoje up to Azici (front of 12 kilometers). In the first part of 1994, these three brigades were joined into one. (6) Illiđa Brigade was positioned from Azici up to Plandiste (front of 18 km) and (7) 2nd Sarajevo Light Infantry Brigade was also holding the part of the front from Gornij Kotorac up to Krupac, and then also on the exterior ring from Krupac up to Jagodnica (front of 14 km). Caution is further required when examining the positions above because Radinovi}
provided other details in para. 15 of summary and conclusions of his Report, stating that, in the second half of 1992, the SRK was in the following operative disposition : the 1st Romanija Infantry Brigade on the front Trebevi}-Hresa; the Ko{evo Brigade from Pasino Brdo to Mrkovi}, with the front facing Ko{evo; the Vogo{~a Brigade from Radava to Dobrosevica, with Vogo{~a in the depth; the Ilijas Brigade along the line Visoko-Ilija{-Semizova}; the Rajlovac Brigade on the part of the front from Vrelo Bosne to Dogdol, on the most difficult position in Nedzarici, on Stup, and in part towards Igman; the Igman brigade on the line Tarcin-Pazari} towards Hadzici; the Vojkovac, i.e. the 2nd Sarajevo Light Infantry Brigade, on the front from Kotorac to Krupac, facing Hrasnica and Butmir; the 1st Sarajevo Mechanized
(c) June/September 1992: Intensification of Attacks in Sarajevo and Further Deployment of UN forces
202. The Trial Chamber was provided with evidence that, between May and September 1992, shelling of military and civilian targets within the city of Sarajevo by both sides continued,373 and fighting was intense and brutal.374
203. On 8 June 1992, with Resolution 758, the Security Council enlarged the mandate and strength of UNPROFOR and authorized the deployment of UN Military Observers (“UNMOs”). By Security Council Resolution 761 of 29 June 1992, UNPROFOR was tasked with protecting Sarajevo airport, a strategic location south-west to the city, and with helping it function so that humanitarian aid could reach the population.375 In the summer of 1992, pursuant to an agreement with the UN, the SRK handed over Sarajevo airport to UNPROFOR.376 From that moment on, the airport was only to be used by UN personnel for UN purposes.377 UNPROFOR’s mandate was again broadened by Security Council Resolution 776 of 14 September 1992, to include the protection of convoys of humanitarian aid.378 At least three military battalions, French,379 Egyptian, and Ukrainian, were positioned in the city.380 Each consisted of around 500 to 600 soldiers.381 The headquarters of the UN troops in charge of “Sector Sarajevo” were in the Post Office (PTT) building in downtown Sarajevo382 and the warring factions had liaison offices there to maintain
Brigade on the front from Lukavica to Grbacica with the positions towards Butmir, Dobrinja, Mojmilo and Hrasno; the 4th Mixed Artillery Regiment in the region of Crepoljsko; the 4th Mixed Anti-Armor Artillery Regiment in Mokro on the positions in Hresa and Han Darventa.
372 Radinovi} Report, para. 131; the SRK controlled on the west and north-west of the city Vogo{}a, Raijlovac and
372 Radinovi} Report, para. 131; the SRK controlled on the west and north-west of the city Vogo{}a, Raijlovac and