4. Dragoljub Kunarac is charged under COUNTS 1 TO 4 with torture, as a crime against humanity, under Article 5(f) of the Statute of the Tribunal, and as a violation of the laws or customs of war, under Article 3 of the Statute and recognised by common Article 3(1)(a) of the 1949 Geneva Conventions. He is also charged with rape, as a crime against humanity, under Article 5(g) of the Statute and as a violation of the laws or customs of war, under Article 3 of the Statute. These charges are brought pursuant to both Article 7(1) of the Statute (individual criminal responsibility) and Article 7(3) of the Statute (command responsibility).
1 Indictment IT-96-23.
2 T 1482.
3 Decision on Motion for Acquittal, 3 July 2000.
4 Indictment IT-96-23, par 1.1
5 Ibid, pars 1.2-1.3.
The Prosecutor alleges that Dragoljub Kunarac, accompanied by his soldiers, removed women from Partizan and took them to Ulica Osmana Ðikica no 16, where he either personally raped them or was present in the house while other soldiers raped the women.6 5. Under COUNTS 5 TO 8, the accused Dragoljub Kunarac is charged with torture, as a crime against humanity, under Article 5(f) of the Statute, and as a violation of the laws or customs of war, under Article 3 of the Statute and recognised by common Article 3(1)(a) of the 1949 Geneva Conventions. He is also charged with rape, as a crime against humanity, under Article 5(g) of the Statute and as a violation of the laws or customs of war, under Article 3 of the Statute. These charges are brought pursuant to Article 7(1) of the Statute (individual criminal responsibility).
The Prosecutor alleges that on or around 13 July 1992, Dragoljub Kunarac took FWS-48 and two other women to the Hotel Zelengora where FWS-48 was raped by Dragoljub Kunarac.7 On or around 18 July 1992, Dragoljub Kunarac took FWS-48 and FWS-95 to a house in the Donje Polje neighbourhood where he raped FWS-48.8
6. Under COUNTS 9 AND 10, the accused Dragoljub Kunarac is charged with rape, as a crime against humanity, under Article 5(g) of the Statute, and as a violation of the laws or customs of war, under Article 3 of the Statute. These charges are brought pursuant to Article 7(1) of the Statute (individual criminal responsibility).
The Prosecutor alleges that on or about 2 August 1992, Dragoljub Kunarac, together with DP 3, transferred FWS-75, FWS-87, and two other women from Partizan to Miljevina. The women were detained in an abandoned Muslim house. In September or October of 1992, Dragoljub Kunarac raped FWS-87 there.9 The witnesses and seven other women were detained at that house until about 30 October 1992. They performed household chores and were frequently sexually assaulted.10
7. Under COUNTS 11 AND 12, the accused Dragoljub Kunarac is charged with torture, as a violation of the laws or customs of war, under Article 3 of the Statute and recognised by common Article 3(1)(a) of the 1949 Geneva Conventions, and rape, as a
6 Ibid, par 5.1.
7 Ibid, par 6.1; Indictment IT-96-23/1, par 7.9.
8 Indictment IT-96-23, par 6.2.
9 Ibid, par 7.1-7.2.
violation of the laws or customs of war, under Article 3 of the Statute. These charges are brought pursuant to Article 7(1) of the Statute (individual criminal responsibility).11
The Prosecutor alleges that in mid-July 1992, Dragoljub Kunarac, with two of his soldiers, appeared in the apartment of FWS-183 and accused her of sending messages out over the radio. They then took her to the banks of the Cehotina river in Foca near Velecevo, where the accused questioned the witness regarding money and gold kept in her apartment, threatening her with death and the slaughtering of her son. All three soldiers then raped the witness.12
8. Under COUNTS 18 TO 21, the accused Dragoljub Kunarac is charged with enslavement, as a crime against humanity, under Article 5(c) of the Statute. The accused is also charged with rape, as a crime against humanity, under Article 5(g) of the Statute, and as a violation of the laws or customs of war, under Article 3 of the Statute, as well as outrages upon personal dignity as a violation of the laws or customs of war, under Article 3 of the Statute and recognised by common Article 3(1)(c) of the 1949 Geneva Conventions.
These charges are brought pursuant to Article 7(1) of the Statute (individual criminal responsibility).
The Prosecutor alleges that on 2 August 1992, Dragoljub Kunarac, with his deputy “Gaga”
and DP 6, took FWS-186, FWS-191 and J.G. from Ulica Osmana Ðikica no 16 to an abandoned house in Trnovace, where the women were raped. Dragoljub Kunarac raped FWS-191.13 Witnesses FWS-186 and FWS-191 were kept in this house for approximately six months, while victim J.G. was transferred to the abandoned Muslim house in Miljevina.
During the detention, DP 6 constantly raped FWS-186, while for at least two months, the accused Dragoljub Kunarac constantly raped FWS-191. FWS-186 and FWS-191 also had
10 Ibid, par 11.1.
11 Decision on Motion for Acquittal, 3 July 2000, par 16. The Trial Chamber entered a judgement of acquittal in favour of the accused Dragoljub Kunarac on Count 13 (plunder of private property, a violation of the laws or customs of war). The word “plunder” was interpreted as unjustified appropriations of property either from more than a small group of persons or from persons over an identifiable area. There was no evidence in the present case that satisfied this interpretation.
12 Indictment IT-96-23, par 8.1.
13 Ibid, par 10.1.
to perform household chores, and obey all commands. After 6 months, a soldier took both witnesses away from the house.14