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Tribunal: ICTY
Accused:ZUPLJANIN, Stojan
Type of Decision:Indictment (Amended)
Case Number:IT-99-36-I
Date of Decision:06-10-2004
Heading:Second amended indictment
Articles:Statute-ICTY-3-b / Statute-ICTY-3-d / Statute-ICTY-5-a / Statute-ICTY-5-b / Statute-ICTY-5-d / Statute-ICTY-5-f / Statute-ICTY-5-i / Statute-ICTY-7-1 / Statute-ICTY-7-3
Keywords:Command Responsibility / Crimes Against Humanity / Cruel Treatment / Deportation / Destruction Of Property / Extermination / Forcible Transfer / Individual Criminal Responsibility / Joint Criminal Enterprise / Murder / Persecution / Torture / War Crimes / Inhumane Acts
Reference to case-law:
Note:-
ALC:
Paragraphs: -

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
CASE NO. IT-99-36-I
THE PROSECUTOR OF THE TRIBUNAL

AGAINST

STOJAN ZUPLJANIN

SECOND AMENDED INDICTMENT


The Prosecutor of the International Criminal Tribunal for the Former Yugoslavia, pursuant to her authority under Article 18 of the Statute of the International Criminal Tribunal for the Former Yugoslavia ("the Statute of the Tribunal"), charges:

STOJAN ZUPLJANIN

with CRIMES AGAINST HUMANITY, and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:

THE ACCUSED

1. Stojan ZUPLJANIN was born on 28 September 1951, in Maslovare, Kotor Varos Municipality, in Bosnia and Herzegovina ("BiH"). He graduated from the law faculty of the University of Sarajevo and in 1975 began a long career with the Banja Luka Secretariat of Internal Affairs ("SUP"). In 1978 he was appointed commander of the police station in Mejdan in Banja Luka, and in 1981 he was appointed commander of the Centar police station in Banja Luka. In 1985 he became the Chief of the Department for the Prevention of General Crime in the municipal SUP in Banja Luka. From 1991 onwards, he was commander of the Regional Security Services Centre ("CSB") of Banja Luka. From at least 5 May 1992 until July 1992 he was a member of the Autonomous Region of Krajina ("ARK") Crisis Staff, and in 1994 he became an advisor for internal affairs to the President of Republika Srpska.

STATEMENT OF FACTS

2. In November 1990, multi-party elections were held in BiH for the first time after the death of Yugoslav leader Josip Broz "Tito." There were three main parties, each of which was identified with one of the three principal ethnic groups in BiH. The Party of Democratic Action, the SDA, was identified, in the main, as the party of the Bosnian Muslims; the Serb Democratic Party, the SDS, was identified as the principal party of the Bosnian Serbs; and the Croatian Democratic Union, the HDZ, was primarily identified as the party of the Bosnian Croats. The SDA won the most seats in the Republic Assembly, followed by the SDS and then the HDZ.

3. The SDS political platform concentrated on the goal of unifying ethnic Serbs in a common state. The election results, however, made apparent the fact that as time went on the SDS would be unable to keep BiH in a Serb-dominated Yugoslavia through democratic and peaceful means alone. As a result, Bosnian Serbs in certain areas of BiH began to organise themselves into formal regional structures using the concept of "Associations of Municipalities" which existed under the 1974 Yugoslav constitutional regime. These Associations, although nominally non-ethnic, were the first step toward establishing separate Bosnian Serb governmental bodies in BiH.

4. Slovenia and Croatia declared independence from Yugoslavia on 25 June 1991. In Croatia fighting between the Yugoslav People's Army ("JNA") and the Croatian armed forces broke out in the summer of 1991 and continued until late 1991. In the autumn of 1991, the JNA began to withdraw its forces from Croatia and re-deploy them into BiH. Working in conjunction with certain elements in the JNA, the SDS started arming the Bosnian Serb population of BiH.

5. In September and October 1991, the various Associations of Municipalities mentioned in paragraph 3 were transformed into Serbian Autonomous Districts, including the transformation, on or about 16 September 1991, of the Association of Bosanska Krajina Municipalities into the ARK. The ARK came to include the following municipalities (among others): Banja Luka, Bosanska Krupa, Bosanski Novi, Bosanski Petrovac, Celinac, Donji Vakuf, Kljuc, Kotor Varos, Prijedor, Prnjavor, Sanski Most, Sipovo and Teslic.

6. As the war continued and it appeared increasingly likely that BiH would also declare its independence from Yugoslavia, the SDS began in earnest the creation of a separate Serb entity within BiH, with separate bodies of authority. A separate Assembly of the Serbian People in Bosnia and Herzegovina, dominated by the SDS, was founded on 24 October 1991 as the highest representative and legislative organ of Serbs in BiH.

7. On 19 December 1991, the SDS issued secret instructions for the "Organisation and Activity of the Organs of the Serbian People in Bosnia and Herzegovina in Extraordinary Circumstances" which provided a plan for the SDS take-over of municipalities in BiH. The instructions included plans for the creation of Crisis Staffs.

8. The Crisis Staffs were modelled on similar entities that had existed as part of the Yugoslav defence system. They were designed to take over the functioning of municipal or republic government during times of war or a state of emergency when the assembly, normally the highest authority of government, could not function. When activated, a Crisis Staff had complete executive and regulatory authority and was comprised of representatives of the police, military and government organs.

9. On 9 January 1992, the Bosnian Serb Assembly adopted a declaration proclaiming the Serbian Republic of Bosnia and Herzegovina ("SR BiH"). On 28 February 1992, the Constitution of the SR BiH declared that the territory of that Republic included "the territories of the Serbian Autonomous Regions and Districts and of other Serbian ethnic entities in Bosnia and Herzegovina, including the regions in which the Serbian people remained in the minority due to the genocide conducted against it in World War Two," and it was declared to be a part of Yugoslavia. On 12 August 1992, the name of the SR BiH was changed to Republika Srpska ("RS").

10. On 11 February 1992, a meeting of Serb officials of the BiH MUP was held in Banja Luka. Mico STANISIC insisted that it was necessary to establish a separate Serbian Ministry of Interior ("RS MUP") at the municipal, regional and republic levels. Stojan ZUPLJANIN was present at the meeting.

11. On 1 April 1992, pursuant to the Serb Law on Internal Affairs, which was issued on 23 March 1992 and entered into force on 31 March 1992, a separate RS MUP was established with Mico STANISIC as Minister. According to Article 28 of that law, CSBs were established in Banja Luka for the ARK, in Trebinje for the Serb Autonomous District of Herzegovina, in Doboj for the Serb Autonomous District of Northern Bosnia, in Sarajevo for the Serb Autonomous District of Romanija-Birac, and in Bijeljina for the Serb Autonomous District of Semberija. Stojan ZUPLJANIN became the commander of the CSB Banja Luka, directly subordinated to the Minister of the RS MUP. From its creation, the RS MUP was considered part of the armed forces of the RS.

12. On 5 May 1992, the ARK Crisis Staff, whose members included Stojan ZUPLJANIN, was officially established and publicly declared itself as the highest organ of authority at the regional level in the ARK. The implementation of its directives and orders was mandatory.

13. On 12 May 1992, at the 16th session of the Bosnian Serb Assembly, Radovan KARADZIC announced the six strategic objectives of the Serb people in BiH. In essence, these strategic goals constituted a plan to seize and control territory, establish a Bosnian Serb state, defend defined borders and separate the ethnic groups within BiH.

14. Between 1 April 1992 and 31 December 1992, RS MUP forces, acting together with the VRS, the Territorial Defence ("TO"), and paramilitaries, carried out a campaign to disarm the non-Serb population. This campaign was conducted under the guise of action against "Muslim and Croat extremists" or to collect "illegally held weapons." Although in public statements and publications the disarmament orders were not always expressly directed at the non-Serb population, in practice only Bosnian Muslims and Bosnian Croats were disarmed. The disarmament campaign was frequently used as a pretext for unlawful armed attacks on non-Serb villages and their inhabitants.

15. At the same time, the forces under the control of the Bosnian Serb authorities seized power in those municipalities deemed to pose a threat to the accomplishment of the overall plan to create a Serb state within BiH. These take-overs initiated a series of events, organised and directed by the Bosnian Serb authorities that by the end of 1992 resulted in the deaths of thousands and the forced departure of tens of thousands of Bosnian Muslims and Bosnian Croats.

INDIVIDUAL CRIMINAL RESPONSIBILITY

Position of Accused/Superior Authority

16. Stojan ZUPLJANIN, as Commander of the CSB Banja Luka, was the most senior police officer in the ARK, subordinated only to the Minister of the RS MUP. Stojan ZUPLJANIN had overall authority and responsibility for the functioning of the police within the ARK. He was responsible for planning and directing all operations of the police and for monitoring the activities of all subordinate officers and units to ensure that his orders were implemented. Stojan ZUPLJANIN had authority to appoint and dismiss subordinate individuals from duty. Stojan ZUPLJANIN also had the authority and duty to punish or initiate disciplinary proceedings against his subordinates for any crimes that they may have committed.

17. Stojan ZUPLJANIN had operational control over the subordinated municipal and regional police forces in the ARK, including those responsible for the operation of detention facilities. He made decisions for the subordinate units; assigned tasks to subordinates; issued orders, instructions and directives; ensured the implementation of his orders and orders issued by the RS MUP and bore full responsibility for their completion. He monitored the situation in the area of responsibility of the CSB Banja Luka; ensured the passage of information to civilian and military bodies at the municipal, regional and republic levels; and was responsible for the overall operational effectiveness and conduct of the police.

18. Stojan ZUPLJANIN exercised command and control of the police, at times in co-ordination with the Bosnian Serb army ("VRS"), paramilitary forces and volunteer units, the TO, and civilian bodies, including regional and municipal Crisis Staffs.

19. In addition to his position as the highest police officer in the ARK, Stojan ZUPLJANIN represented the police on the ARK Crisis Staff. Throughout its existence, the ARK Crisis Staff worked to co-ordinate and implement the overall plan to seize control of and "ethnically cleanse" the territory of the ARK. After the dissolution of the ARK Crisis Staff, Stojan ZUPLJANIN continued with the implementation of the plan in his position as commander of the Banja Luka CSB.

Article 7(1) of the Statute of the Tribunal

20. Stojan ZUPLJANIN is individually criminally responsible pursuant to Article 7(1) of the Statue of the Tribunal for crimes referred to in Articles 3 and 5 of the Statute of the Tribunal as alleged in this Indictment, which he planned, instigated, ordered, committed or in whose planning, preparation or execution he aided and abetted. By using the word "committed" in this Indictment, the Prosecutor does not allege that the accused physically committed any of the crimes charged. "Committed" in this indictment includes participation in a joint criminal enterprise ("JCE").

Joint criminal enterprise

21. A JCE came into existence no later than the establishment of the Assembly of the Serbian People in Bosnia and Herzegovina on 24 October 1991 and continued throughout the period of the conflict in BiH until the signing of the Dayton Accords in 1995. The objective of the JCE was to eliminate and permanently remove, by force or other means, Bosnian Muslims and Bosnian Croats from the territory of the planned Serb state.

22. Numerous individuals participated in this JCE. Stojan ZUPLJANIN worked in concert with other members of the JCE, including Radoslav BRDANIN, General Momir TALIC (deceased), Slobodan MILOSEVIC, General Ratko MLADIC, Radovan KARADZIC, Nikola KOLJEVIC (deceased), Momcilo KRAJISNIK, Biljana PLAVSIC, Mico STANISIC, Slobodan DUBOCANIN, Simo DRLJACA (deceased) and other chiefs of public security services ("SJBs") in municipalities subordinated to Stojan ZUPLJANIN, Darko MRDA, Nenad STEVANDIC, Ljuban ECIM and other members of the Bosnian Serb leadership and of the SDS at the republic, regional and municipal levels; members of civilian bodies within BiH, including regional and municipal crisis staffs; members of the JNA, the Yugoslav Army ("VJ"), the VRS, the TO, the RS MUP, and members of Serbian and Bosnian Serb paramilitary forces and volunteer units, as well as military and political figures from Yugoslavia. Each participant, by acts or omissions, contributed to achieving the overall objective of the enterprise.

23. Stojan ZUPLJANIN, acting individually and through the positions and powers described above, and in concert with other members of the JCE, participated in the JCE from no later than 1 April 1992 until at least 31 December 1992 in one or more of the following ways:

a. Ordering, commanding and directing members and agents of the police who were engaged in implementing the objective of the JCE or who participated in the perpetration of the crimes listed in this Indictment;

b. Planning, preparing, facilitating, and executing the campaign of persecutions, which escalated to genocide in the municipalities of Kljuc, Bosanski Novi, Kotor Varos, Sanski Most and Prijedor, by attacking non-Serb parts of towns and villages; killing the non-Serb inhabitants and submitting them to cruel and inhumane treatment and conditions, often in detention facilities; imposing restrictive and discriminatory measures on the non-Serb population; and separating, deporting and permanently removing non-Serbs who did not subjugate themselves to the Serb authorities;

c. Participating in the formation, financing, supplying and supporting of special units which were engaged in implementing the objective of the JCE or which participated in the perpetration of the crimes listed in this Indictment;

d. Aiding and abetting and instigating the commission of further crimes by failing to investigate, to follow up on investigations, and to punish subordinates for crimes committed against Bosnian Muslims, Bosnian Croats, and other non-Serbs.

24. Stojan ZUPLJANIN participated in the JCE as a co-perpetrator and/or as an aider and abettor.

25. The crimes charged in this Indictment were within the objective of the JCE. Stojan ZUPLJANIN and the other members of the JCE shared a mutual understanding or agreement to commit the charged crimes and acted with the state of mind required for the commission of each of these offences. In addition, each member of the JCE was aware that his or her conduct occurred in the context of an armed conflict and was part of a widespread or systematic attack directed against a civilian population.

26. Stojan ZUPLJANIN knew of the establishment and operation of camps and detention facilities within the ARK; he intended to facilitate the ill-treatment of non-Serb detainees held in these facilities; and he took no effective measures to prevent or stop the ill-treatment or punish the perpetrators thereof. Stojan ZUPLJANIN also knew of the system of ill-treatment by which territory within the ARK was "ethnically cleansed" and its non-Serb inhabitants systematically killed, mistreated, and forcibly removed or deported; he intended to facilitate that system; and he took no effective measures to prevent or stop the ill-treatment or punish the perpetrators thereof. He thus knowingly participated in systems of ill-treatment with the intent to further those systems.

27. In the alternative, the crimes enumerated in all the Counts of this Indictment were the natural and foreseeable consequence of the execution of the JCE, and Stojan ZUPLJANIN and the other participants in the JCE were aware that these crimes were a possible consequence of the execution of the JCE.

Article 7(3) of the Statute of the Tribunal

28. Stojan ZUPLJANIN, as a consequence of his positions of superior authority described above, is also individually criminally responsible for the acts or omissions of his subordinates pursuant to Article 7(3) of the Statute of the Tribunal. Stojan ZUPLJANIN, in his capacity as the head of the Banja Luka CSB and the police representative on the ARK Crisis Staff, exercised de jure and de facto command and control over the police forces that participated in the crimes alleged in this Indictment.

29. Stojan ZUPLJANIN knew or had reason to know that all crimes alleged in this Indictment were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof. His duty included an obligation to investigate and establish the facts of the crime, to put an end to the criminal activity, to impose appropriate punitive measures on the perpetrator, and to take measures to prevent or deter further criminal acts committed by subordinates.

GENERAL ALLEGATIONS

30. All acts and omissions charged as Crimes Against Humanity were part of a widespread or systematic attack directed against the Bosnian Muslim, Bosnian Croat or other non-Serb civilian population of BiH.

31. At all times relevant to this Indictment, a state of armed conflict existed in BiH.

32. At all times relevant to this Indictment, the accused was required to abide by the laws and customs governing the conduct of armed conflicts, including the Geneva Conventions of 1949 and the additional protocols thereto.

THE CHARGES


COUNT 1
PERSECUTIONS

By his acts and omissions, Stojan ZUPLJANIN participated in:

Count 1: Persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, punishable under Articles 5(h), 7(1) and 7(3) of the Statute of the Tribunal.

33. Between about l April 1992 and 31 December 1992, Stojan ZUPLJANIN acting individually or in concert with other participants in the JCE planned, instigated, ordered, committed or aided and abetted in the planning, preparation or execution of persecutions on political, racial or religious grounds of Bosnian Muslims, Bosnian Croats and other non-Serbs in the municipalities listed in paragraph 5.

34. Bosnian Serb forces under the command and control of Stojan ZUPLJANIN committed persecutions in the municipalities listed in paragraph 5, including:

(a) killings of Bosnian Muslims and Bosnian Croats during and after attacks on villages and non-Serb areas, as well as during deportation and forcible transfer, including those listed in Schedule A;

(b) killings related to detention facilities (included those listed in Schedule C), or committed during transfer to and out of these detention facilities, including those listed in Schedule B;

(c) cruel or inhumane treatment during and after attacks on towns and villages, and during deportation and forcible transfer, including torture, physical and psychological abuse, sexual violence and the establishment and perpetuation of inhumane living conditions;

(d) cruel or inhumane treatment in detention facilities, including those listed in Schedule C. This inhumane treatment included beatings, torture, physical and psychological abuse, sexual violence and humiliation;

(e) unlawful detention in detention facilities, including those listed in Schedule C;

(f) the establishment and perpetuation of inhumane living conditions in detention facilities, including those listed in Schedule C. These conditions included the failure to provide adequate:

- accommodation or shelter;
- food or water;
- medical care;
- hygienic sanitation facilities;

(g) forcible transfer and deportation;

(h) the appropriation or plunder of property during and after attacks, in detention facilities, and in the course of deportations or forcible transfers;

(i) the wanton destruction of Bosnian Muslim and Bosnian Croat villages and areas, including those listed in Schedule D, the destruction of religious and cultural buildings, including those listed in Schedule E, and the looting of residential and commercial property;

(j) the imposition and maintenance of restrictive and discriminatory measures including:

- the denial of freedom of movement;
- the denial of employment through removal from positions of authority in local government institutions, the military, and the police, as well as general dismissal from employment;
- the invasion of privacy through arbitrary searches of homes;
- the denial of the right to judicial process; and
- the denial of equal access to public services.

35. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN knew or had reason to know that the crimes alleged in paragraphs 33 - 34 above were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.


COUNTS 2, 3 and 4
EXTERMINATION and MURDER

By his acts and omissions, Stojan ZUPLJANIN participated in:

Count 2: Extermination, a CRIME AGAINST HUMANITY, punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the Tribunal.

Count 3: Murder, a CRIME AGAINST HUMANITY, punishable under Articles 5(a), 7(1) and 7(3) of the Statute of the Tribunal.

Count 4: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Common Article 3 of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

36. Between about l April 1992 and 31 December 1992, Stojan ZUPLJANIN acting individually or in concert with other participants in the JCE planned, instigated, ordered, committed or aided and abetted in the planning, preparation or execution of the extermination and murder of Bosnian Muslims and Bosnian Croats in the municipalities listed in paragraph 5. Bosnian Muslims and Bosnian Croats were murdered on a massive scale by Bosnian Serb forces including during and after attacks on towns and villages; in detention facilities; during transfer to and out of detention facilities; and during deportations or forcible transfers. The killings include those listed in Schedules A and B.

37. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN knew or had reason to know that the crimes alleged in paragraph 36 above were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.


COUNTS 5, 6, 7 and 8
TORTURE, CRUEL TREATMENT and INHUMANE ACTS

By his acts and omissions, Stojan ZUPLJANIN participated in:

Count 5: Torture, a CRIME AGAINST HUMANITY, punishable under Articles 5(f), 7(1) and 7(3) of the Statute of the Tribunal.

Count 6: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Common Articles 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

Count 7: Cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognised by Common Articles 3(1)(a) of the Geneva Conventions of 1949, punishable under Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

Count 8: Inhumane acts, a CRIME AGAINST HUMANITY, punishable under Articles 5(i), 7(1) and 7(3) of the Statute of the Tribunal.

38. Between about l April 1992 and 31 December 1992, Stojan ZUPLJANIN acting alone or in concert with other participants in the JCE planned, instigated, ordered, committed, or aided and abetted in the

planning, preparation or execution of torture, cruel treatment and inhumane acts inflicted on Bosnian Muslims, Bosnian Croats and other non-Serbs in the municipalities listed in paragraph 5.

39. Bosnian Muslims, Bosnian Croats, and other non-Serbs were confined in inhumane conditions and subjected to intentional infliction of severe pain or suffering by beatings, torture, sexual assaults, humiliation, harassment, and psychological abuse in camps, police stations, military barracks and other detention facilities listed in Schedule C, as well as during and after attacks on villages and during forcible transfers and deportations.

40. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN knew or had reason to know that the crimes alleged in paragraphs 38 - 39 above were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.


COUNTS 9 and 10
DEPORTATION, INHUMANE ACTS

By his acts and omissions, Stojan ZUPLJANIN participated in:

Count 9: Deportation, a CRIME AGAINST HUMANITY, punishable under Articles 5(d), 7(1) and 7(3) of the Statute of the Tribunal.

Count 10: Inhumane Acts (forcible transfer), a CRIME AGAINST HUMANITY, punishable under Articles 5(i), 7(1) and 7(3) of the Statute of the Tribunal.

41. Between about l April 1992 and 31 December 1992, Stojan ZUPLJANIN acting individually or in concert with other participants in the JCE planned, instigated, ordered, committed or aided and abetted in the planning, preparation or execution of the unlawful forcible transfer and deportation of Bosnian Muslims, Bosnian Croats and other non-Serbs from the municipalities listed in paragraph 5.

42. The forced transfers and deportations were organised by Bosnian Serb forces. The victims were transported to areas under the control of the government of BiH or to third countries.

43. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN knew or had reason to know that the crimes alleged in paragraphs 41 - 42 above were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.


COUNTS 11 and 12
WANTON DESTRUCTION OR DEVASTATION OF TOWNS OR VILLAGES NOT JUSTIFIED BY MILITARY NECESSITY, DESTRUCTION OR WILFUL DAMAGE DONE TO INSTITUTIONS DEDICATED TO RELIGION

By his acts and omissions, Stojan ZUPLJANIN participated in:

Count 11: Wanton destruction or devastation of towns or villages not justified by military necessity, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(b), 7(1) and 7(3) of the Statute of the Tribunal.

Count 12: Destruction or wilful damage done to institutions dedicated to religion, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(d), 7(1) and 7(3) of the Statute of the Tribunal.

44. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN acting individually or in concert with other participants in the JCE planned, instigated, ordered, committed or aided and abetted in the planning, preparation or execution of

(1) the unlawful wanton destruction or devastation of Bosnian Muslim and Bosnian Croat villages in the municipalities identified in paragraph 5, as listed in Schedule D; and

(2) the destruction of or wilful damage to Bosnian Muslim and Bosnian Croat religious institutions in the municipalities identified in paragraph 5, as listed in Schedule E.

45. During and after the attacks on these municipalities, Bosnian Serb forces systematically destroyed or damaged Bosnian Muslim and Bosnian Croat cities, towns, villages and property, including homes, businesses and Muslim and Roman Catholic sacred sites as listed in Schedules D and E.

46. Between about 1 April 1992 and 31 December 1992, Stojan ZUPLJANIN knew or had reason to know that the crimes alleged in paragraphs 44 - 45 above were about to be committed or had been committed by his subordinates, and he failed to take necessary and reasonable measures to prevent such acts or punish the perpetrators thereof.

_________________
Carla Del Ponte
Prosecutor

Dated this sixth day of October 2004
At The Hague
The Netherlands

 

 Schedule A
Killings not related to detention facilities
Banja LukaThe killing of a number of people in the village of Culum-Kostic on or about 14 August 1992
PrijedorThe killing of a number of people in Kozarac and the surrounding areas from May to June 1992
 The killing of a number of people in Mehmed Sahoric's house in Kamicani on or about 26 May 1992
 The killing of a number of people in Hambarine from May to July 1992
 The killing of a number of men in the village of Jaskici on or about 14 June 1992
 The killing of a number of men in the village of Biscanion or about 20 July 1992
 The killing of a number of people in the village of Carakovo and surrounding areas during July 1992
 The killing of a number of people in the village of Brisevo on or about 24 July 1992
 The killing of a number of men in the Ljubija iron ore mine and at the Ljubija football stadium on or about 25 July 1992
 The execution of a large number of men from the Trnopolje camp in the Vlasic mountain, in the area of Koricanske stijene in the Skender Vakuf municipalityon or about 21 August 1992
 The killing of a number of people in Tomasicaon or about 3 December 1992
KljucThe killing of a number of people in Pudin Han on or about 27 May 1992
 The killing of a number of people in Prhovo village and a number of men on the road to Pecion 1 June 1992
Sanski MostThe killing of a number of men between Begici and Vrhpolje bridge and on the Vrhpolje bridgeon or about 31 May 1992
 The killing of a number of members of the Merdanovic family in the hamlet of Kukavice, Hrustovo village on or about 31 May 1992
 The killing of a number of people near the Partisan cemetery in Sanski Most on or about 22 June 1992
 The killing of a number of men in or around the house of Dujo Banovic in the hamlet of Blazevici, village of Kevljani on or about 27 June 1992
 The killing of number of members of the Alibegovic family in Budin on or about 1 August 1992
 The killing of a number of men near the village of Skrljevita on or about 2 November 1992
Bosanski NoviThe killing of a number of people during the expulsion of Bosnian Muslims from the village of Blagaj Japra and the surrounding areas on or about 9 June 1992
 The killing of a number of men in the village of Alicion or about 23 June 1992
 The killing of four people in Blagaj Rijekaon or about 20 October 1992
Kotor VarosThe killing of a number of men near the house of Stipo Zeba in the settlement of Kotor and on the way from Kotor to the Medical Centre in Kotor Varos on or about 25 June 1992
 The killing of a number of men in front of the Medical Centre in Kotor Varos on or about 25 June 1992
 The killing of a number of men in Dabovci on or about 13 August 1992
 The killing of a number of men in the mosque in Hanificion or about 15 August 1992
 The killing of a number of people in Edhem Cirkic's house in Cirkino Brdo in about mid-August 1992
 The killing of a number of men in the school in Grabovice on or about 3 November 1992

 

 Schedule B
Killings related to detention facilities
 
Banja LukaThe killing of a number of men in front of the Manjaca camp after their transportation from the Hasan Kikic elementary school in Sanski Most on or about 6 June 1992
 The suffocation of a number of men during their transportation from Betonirka detention facility to Manjaca campon or about 7 July 1992
 The killing of a number of men in front of the Manjaca camp after their transportation from Omarska camp on or about 6 August 1992
 The killing of a number of men in Manjaca campbetween 1 June and 18 December 1992
TeslicThe killing of a number of men on the premises of the Public Security Service and the Territorial Defence building in Teslic, and in the Pribinic prison during June 1992
KljucThe killing of a number of men in the Biljani school on or about 10 July 1992
 The killing of a number of men in front of the school in Velagici on or about 1 June 1992
PrijedorThe killing of a number of men including a large number of men in "Room 3" at Keraterm camp between 26 May and 5 August 1992
 The killing of a number of men in Trnopolje camp between 28 May and October 1992
 The killing of a large number of people at Omarska camp between 28 May and 6 August 1992
Bosanska KrupaThe killing of a number of men in the Peter Kocic Elementary School in Bosanska Krupabetween July and August 1992
Bosanski NoviThe killing of a number of men in or near the Fire Department in Bosanski Novibetween about 22 July and 30 August 1992
Sanski MostThe killing of a number of men taken from Keraterm and Omarska camps in the area called Hrastova Glavica on or about 5 August 1992

 

 Schedule C
Detention facilities
Banja LukaCSB building
 Mali Logr
 Manjaca
 Viz Tunjice penitentiary
Bosanska KrupaJasenica Elementary school
 Petar Kocic Elementary school
Bosanski NoviBosanski Novi Fire Station
 Mlakve Football Stadium
Bosanski PetrovacKozila Logging Camp
Donji VakufVrbas Promet building
 TO Warehouse
 The House opposite the SJB building
 SJB building
KljucSJB building
 Nikola Mackic Elementary School
 Biljani School
 Velagici School
Kotor VarosGrabovica School
 SJB building
 Kotor Varos Elementary School
 Kotor Varos Prison
 Sawmill
PrijedorPrijedor Barracks
 Keraterm
 Omarska
 Trnopolje
 SJB building
 Miska Glava Dom
PrnjavorSJB building
 Sloga Shoe Factory
 Stari Mlin – Vijak Mill
Sanski MostSJB building
 Betonirka Cement Factory
 Hasan Kikic School
 Krings Factory
TeslicPribinic Camp
 TO building
 SJB building

 

Schedule D
Destruction of towns and villages
Banja LukaBanja Luka town
Bosanska KrupaThe Muslim part of the town of Bosanska Krupa
Bosanski NoviThe Muslim part of the town of Bosanski Novi
Blagaj Japra
Blagaj Rijeka
Donji and Gornji Agici
Suhaca
Bosanski PetrovacThe Muslim part of the town of Bosanski Petrovac
Biscani
CelinacThe Muslim part of the town of Celinac
Basici
Donji VakufThe Muslim part of the town of Donji Vakuf
Prusac
KljucThe Muslim part of the town of Kljuc
Pudin Han
Velagici
Biljani
Plamenica
Prhovo
Krasulje
Crljeni
Sanica
Ramici
Kotor VarosThe Muslim part of the town of Kotor Varos
Kotor
Vrbanjci
Vecici
Hrvacani
Hanifici
Dabovci
Plitska
Hadrovci
Visevice
PrijedorThe Muslim part of the town of Prijedor
Brisevo
Kamicani
Carakovo
Kozarac
Kozarusa
Biscani
Hambarine
Rakovcani
Rizvanovici
Kevljani
Ljubija
PrnjavorThe Muslim part of the town of Prnjavor
Lisnja
Sanski MostThe Muslim part of the town of Sanski Most
Lukavice
Hrustovo
Begici
SipovoThe Muslim part of the town of Sipovo
Besnjevo
Pljeva
TeslicThe Muslim part of the town of Teslic
Stenjak
Komusina
Stenjak
Rajseva
Kamenica

 

Schedule E
Destruction of sacred sites
Banja LukaPetricevac Roman Catholic Franciscan Church / Monastery
Bosanska KrupaBosanska Krupa town Mosque
Roman Catholic Church
Arapusa Mosque
Bosanski NoviBosanski Novi town Gradska Mosque
Donji Agici Mosque
Gornji Agici Mosque
Blagaj Japra Mosque
Blagaj Rijeka Mosque
Preskosanje New Mosque
SuhacaOld Mosque
New Mosque
Urije Mosque
Vidorije Mosque
Bosanski PetrovacDonji Biscani Mosque
Srednji Biscani Mosque
Rasinovac Mosque
CelinacCelinac townTwo Mosques
Roman Catholic chapel
Donji VakufDonji Vakuf town Basdzamija
Mehmed Celebi-Duzica Mosque
Fadilova Mosque
PrusacThree Mosques
Seherdzik Mosque
Sokolina Mosque
KljucBiljani-DzaferagiciMosque
Kljuc townMosque
Roman Catholic Church
Donji Budelj Mosque
HumiciMosque
KrasuljeMosque
Sanica Mosque
Pudin Han Mosque
Velagici Mosque
Kotor VarosKotor Varos town Roman Catholic Church
Hanifici Harem Dzamije Mosque
Vrbanjci VrbanjciMosque
Hrvacani HrvacaniMosque
Vranci Mosque
Ravne Mosque
Hadrovci Mosque
Vecici Old and New Mosques
Donji Varos Mosque
PrijedorPrijedor town Roman Catholic Church

Stari Grad Mosque

Alisici Alisici Mosque
Brisevo Roman Catholic Chapel
Kamicani Mosque
Kevljani New Mosque
Kozarac Mutnik Mosque
Rizvanovici Mosque
Biscani Mosque
Hambarine Mosque
Carakovo Carakovo Mosque
Gornja Puharska Mosque
Kozarusa Mosque
PrnjavorPrnjavor town Mosque
Lisnja Mosque
Puraci Mosque
Sanski MostSanski Most townRoman Catholic Church
Mosque
Caplje Mosque
Hrustovo - Kukavice Mosque
Kamengrad Keranovici Mosque
Lukavice Mosque
Kamengrad Mosque
Tomina Mosque
Pobrijezje Mosque
Sehovci Mosque
Stari Majdan (Palanka) Mosque
Stari Majdan (Utriska) Mosque
SipovoStaro Sipovo Mosque
Pljeva Mosque
Besnjevo Mosque
TeslicTeslic tovn Roman Catholic Church
Barici Mosque
Ruzevici Mosque


Last Modified: 26-02-2013 10:24:53 (Documentation SIM)
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