¹

Thursday, 21 March 2002

[Further Appearance]

[Status Conference]

[Open session]

--- Upon commencing at 2.39 p.m.

JUDGE SCHOMBURG: Good afternoon, everybody. Madam Registrar, please call the joint case when the accused are in the room. Good afternoon.

[The accused entered court]

THE REGISTRAR: Yes, Your Honour. This is the case number IT-02-53-PT, The Prosecutor against Blagojevic, Obrenovic and Jokic.

JUDGE SCHOMBURG: Thank you. Appearances, please, Mr. McCloskey?

MR. McCLOSKEY: Peter McCloskey for the Prosecutor. With me are Saleem Naqvi and Stacy de la Torre.

JUDGE SCHOMBURG: Thank you. And for the Defence teams in the order of the registered names. Apparently this is not the alphabetical order. First Mr. Blagojevic.

MR. KARNAVAS: Good afternoon, Your Honour, Michael Karnavas for Mr. Blagojevic.

JUDGE SCHOMBURG: And for Mr. Obrenovic.

MR. WILSON: Good afternoon, Your Honour, David Eugene Wilson for Mr. Obrenovic. Seated at the table with me is Ms. Laura Zeman, an attorney also assigned to our case.

JUDGE SCHOMBURG: Thank you. And on behalf of Mr. Jokic.

MR. STOJANOVIC: [Interpretation] Your Honour, Miodrag Stojanovic, ² Defence counsel for the accused Dragan Jokic, together with me is co-counsel, Mrs. Cynthia Sinatra.

JUDGE SCHOMBURG: Thank you. And now please the accused. First of all, I have once again to inform you that it is your right to remain silent. On the other hand, you are not the object of our cases but subjects, having the right to express yourselves in the framework of our rules or with the assistance of your Defence counsels. You only should know that everything you say may be used in evidence against you. Did you understand this admonition and can you hear me in a language you understand? Mr. Blagojevic?

THE ACCUSED BLAGOJEVIC: [Interpretation] I can hear you and I can understand you.

JUDGE SCHOMBURG: Thank you. Mr. Obrenovic?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I do hear you and I do understand you.

JUDGE SCHOMBURG: Thank you. And Mr. Jokic?

THE ACCUSED JOKIC: [Interpretation] Your Honour, I do hear you and I do understand you.

JUDGE SCHOMBURG: Thank you. Then let's come to the proposed agenda of this afternoon. First of all in the framework of the Status Conference, we should in short discuss the envisaged trial date, then some issues related to the disclosure of -- to disclosure matters, and of course the state of the ³ accused.

Then, as we have now a new so-called joinder indictment pursuant to Rule 50(B) and 62 of our Rules of Procedure and Evidence, this joinder indictment will be read out in the presence of all the accused. Then it's necessary to have further appearances of the accused in the order of the case, for the purposes of entering a plea vis-a-vis the new indictment. And finally, and there the Bench already composed of the three permanent Judges of Trial Chamber II, we have to discuss the motion for provisional release of Mr. Jokic.

Any objections against this agenda? I don't see any objections.

MS. SINATRA: Your Honour, if I might, I believe that every counsel for the co-defendants has agreed to waive the reading of the indictment.

JUDGE SCHOMBURG: I appreciate your attempts to facilitate and speed up the proceedings, but I believe that this International Tribunal is committed to the obligation to work in a way of transparency and visibility. It is necessary for the public to know what is going on and not only to discuss matters of disclosure or not disclosure but the basis of what we are dealing with here in the case. And therefore, it seems to be necessary. But I thank you very much for this intervention.

MS. SINATRA: I understand, Your Honour.

JUDGE SCHOMBURG: As regards a trial date, in the last meeting, in the beginning of January, we had a totally different situation, and there were some optimist views.

First of all, yes, it could be finalised, and we could be ready ⁴ for a start in April and May, but I remember very well, especially the position of Mr. Wilson, saying we should be cautious with this. And since then, things have changed. There was no possibility especially to have a joinder between the cases of Brdjanin and Talic and Stakic. This would be one of the prerequisites because only then six cases could be ready for being heard. This is not the case. Only the day before yesterday, the budget was adopted in New York, and so we are prepared to start. And there should be no doubt at all, we are prepared to start the Stakic case the 16th of April. This means that the first possibility that there is a Trial Chamber available will be not before, let's say, late autumn this year.

This corresponds to a certain extent with the letter we got from, especially, Mr. Wilson. I'm grateful for this letter, and I have to apologise that I didn't answer this letter. Sometimes it's difficult to find the correct balance between common law and civil law. In civil law, I would have taken the telephone, give you a call, and say, "Thank you for this letter." And indeed one can agree with your point saying that it's necessary for the preparation of the Defence to have a fair trial until September/October. But learning that some participants do not like this specific approach, I only today can answer you. Once again, thank you for this contribution.

But when we -- for this -- two reasons: Your preparation, on the one hand side; and on the other, on the actual situation in the Trial Chambers and the availability of a courtroom. When we can envisage only a start in autumn, we really should do what we can that the case can start ⁵ at this point in time.

I should like to hear some comments from the parties on this issue, where are trouble, obstacles, or is it a fair view to try and -- to try hard to start in September.

Mr. McCloskey.

MR. McCLOSKEY: Your Honour, I would think that September is a good -- a good time to shoot for. The autumn -- I think Mr. Wilson's letter was well taken. And the only obstacle that I can see is the -- of getting a courtroom. And hopefully that -- that won't be a problem for us.

Discovery is going along. We've had -- we've been trying to work with all three defendants, of course. We've recently caught -- tried to catch Mr. Jokic up, who came in a little late, and there was still the matter of sealed documents that we were -- managed to just recently get unsealed. And we're working with Mr. Karnavas on issues, as well as Mr. Wilson has written us a long letter that we are working to respond to and have quite a few more documents for him very soon. And we hope to continue in that vein. And if there are any problems or issues, we'll be able to, you know, work with the Court on that.

JUDGE SCHOMBURG: Okay. Thank you. For the Defence. Mr. Wilson?

MR. WILSON: Yes, Your Honour. The Defence position, as far as Mr. Obrenovic, who, of course, is the only accused for whom I speak, was that we thought that we can be ready to go to trial in about the time that you're talking about. The only obstacle is the discovery question. ⁶ There's quite a bit of material - I think Mr. McCloskey would agree - which we must receive before we can prepare for trial. And we have a cordial working relationship with him, but the fact remains -- I realise this is not the only case he has, but it's the only case we have to get ready for, and so it's very important to all three of us, I know, that this be provided to us as quickly as possible. There is a mountainous amount of material to try to understand before we get to trial. And so I see that as the only obstacle to getting ready.

Assuming that we can get the discovery, which we believe that we will be getting, in an appropriate and early time, I think that we can be ready to go to trial at about the time that Your Honour is talking about.

JUDGE SCHOMBURG: Thank you. Mr. Karnavas.

MR. KARNAVAS: Thank you, Your Honour. I concur with Mr. Wilson. I would, however, state that -- I would like a commitment from the Prosecutor's office as to when they think they would be able to complete providing us with all the discovery that's remaining. We've made several requests regarding some statements that were taken. The translation is taking a long time. It's not the Prosecutor's fault; however, it does complicate matters. And at least in this adversarial process, the Defence does need adequate time to prepare for cross-examination, which requires investigation and so on and so forth. So assuming that we can have the discovery, say, no later than July, I think that we'll be in good shape to start in September. We're working full time on the case. I should also note for the Court that the Defence provided ⁷ Mr. Blagojevic with a computer because the -- what was being made available was insufficient. And so he is going through the material, much of which is in the local language, of course. And so we're progressing in that way as well.

JUDGE SCHOMBURG: Okay. Thank you also for this technical assistance.

And on behalf of Mr. Jokic, please.

MR. STOJANOVIC: [Interpretation] Your Honour, we would also like to concur with what my colleagues the other Defence counsel have said. And we have geared our activity towards September, meaning that the trial could start then. I think that we've been moving in the right direction. So far we have received most of the documents that the Prosecutor could disclose to us.

The Defence has been joined as co-counsel by Ms. Sinatra. This week we took over a number of documents from the Prosecutor, and I think that we will stand trial-ready in September.

I should like to avail myself of this opportunity to ask the Office of the Prosecutor another thing. We have analysed the amended joined indictment and we came to the conclusion that there are a few new elements in the indictment that pertain to our client, Dragan Jokic. If there is any supporting material from counts 24.1 to 24.5, then 26.3, 26.4, 26.7, 28.1 and 28.3, this has to do with our client, Dragan Jokic, so could we please be provided with supporting material, if any? Another point I wish to make is the following. We know that the Office of the Prosecutor has been working very intensively on questioning ⁸ witnesses and potential suspects on the ground, and this may have an impact on Dragan Jokic's Defence. Could we please, then, get the records of these hearings as early as possible? The rest has been moving appropriately. Thank you.

JUDGE SCHOMBURG: Thank you. I appreciate that the parties have the joint approach that we should aim at starting the case in September or October, and please proceed in this way. You are aware of the fact that, "first ripe, first start" is the principle in this Tribunal, and the earlier we can indicate that the case is ready for being heard, then we will be on the list and then have the courtroom facilities necessary for hearing this case.

As regards any comments on the new indictment to be read out in a few minutes, already in the scheduling order, I announced that pursuant to Rule 50(C) and Rule 72, the time will commence running from today, and please feel free to address your objections to the form of the indictment before you. I don't want -- I don't know whether or not the Office of the Prosecutor wants to answer to the question raised by Mr. -- by the Defence counsel of Mr. Jokic.

MR. McCLOSKEY: Yes, Your Honour. Regarding supporting material, there is some more information that is more specific than the original indictment, which was largely in response to some of the Defence motions to the original indictments, and we will be providing that to counsel in a timely manner.

JUDGE SCHOMBURG: Okay.

MR. McCLOSKEY: And as regarding Mr. Jokic's reference to the ⁹ ongoing interviews, there is of course -- the Srebrenica investigation is an ongoing investigation, interviews are taken not infrequently, and I am currently making a decision on the potential discovery for that material. I expect to make that decision in the next day or two and discuss it with counsel so that if need be, we can address any differences we have, with the Court - or perhaps we won't have any differences - but I expect to resolve the issue regarding the outstanding interviews of -- in the ongoing investigation, but I need a couple more days on that.

JUDGE SCHOMBURG: Thank you. Indeed, also myself, I hope that it will be possible that the problems can be resolved between the parties but whenever you need assistance, please feel free to contact me. Any other questions concerning Rule 66 to 68 today? I emphasise today because I do not believe that we should discuss these issues in detail before we don't have your possible objections against the new form of the indictment. I'm quite sure there will be some observations from your side and probably then later on we can go into the -- these discussions also of 66, 68, as far as they are related, as Mr. Stojanovic indicated, also as a support, additional support, for the new joint indictment.

I can see no other requests for the floor. Then the question is of course the main actors in this case are the accused, and may I hear something about the state of health? Any problems in the detention unit, the conditions of the detention? Mr. Wilson?

MR. WILSON: Your Honour, on behalf of the accused Mr. Obrenovic, we have nothing to bring to the Court's attention at this time. ^{10BLANK PAGE 11}

JUDGE SCHOMBURG: Mr. Karnavas?

MR. KARNAVAS: [Microphone not activated] Nothing, Your Honour.

JUDGE SCHOMBURG: Thank you. And Mr. Stojanovic?

MR. STOJANOVIC: [Interpretation] Your Honour, we have no particular objections to the actual accommodation, and the state of Mr. Jokic's health is fine, thank you.

JUDGE SCHOMBURG: And directly the question to the accused. Do you have any comments to make on this issue? Mr. Jokic?

THE ACCUSED JOKIC: [Interpretation] No, Your Honour.

JUDGE SCHOMBURG: Mr. Obrenovic?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, no.

JUDGE SCHOMBURG: Mr. Blagojevic?

THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, no. There is nothing special I have to say.

JUDGE SCHOMBURG: Thank you. Then we can go on, and I would ask Madam Registrar to read out the new joinder indictment. I want to remember all the participants, not totally updated with the standing of this case. In the last meeting, we decided to have a joint hearing in this case, and therefore it was necessary to have a joinder indictment, and this was filed the 27th of January, and for the purposes that the accused may enter pleas on this new joinder indictment, the joinder indictment should be read out now. Thank you.

THE REGISTRAR: The International Tribunal for the Former Yugoslavia, case number IT-02-53-PT, the Prosecutor of the Tribunal against Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic. Joinder ¹² indictment. The Prosecutor of the International Criminal Tribunal for the former Yugoslavia pursuant to her authority under Article 18 of the Statute of the Tribunal, charges: Vidoje Blagojevic, Dragan Obrenovic, with complicity in genocide, crimes against humanity, and violations of the laws or customs of war as set forth herein, and Dragan Jokic with crimes against humanity and violations of the laws or customs of war as set forth herein.

The accused: Vidoje Blagojevic was born in the Bratunac municipality on 22 June, 1950. He rose to the rank of Lieutenant Colonel in the army of the Socialist Republic of Yugoslavia. On 1st of June, 1992, during the armed conflict in Bosnia and Herzegovina, he became the Commander of Zvornik Brigade, a newly formed unit of the Army of Republika Srpska, VRS. He later served on the VRS Drina Corps staff and served for several months as the Acting Chief of the Staff Deputy Commander of the Bratunac Brigade in 1993. In May 1995, he was appointed the Commander of the 1st Bratunac Light Infantry Brigade. His brigade was responsible for the security of the territory opposite the northern, eastern, and southern boundaries of Srebrenica safe area and directly participated in the actual capture of the Srebrenica safe area. He was working on the general staff of the Army of Republika Srpska in August of 2001 when he was arrested. Superior authority and position of the accused.

During the VRS attack on the Srebrenica safe area and the subsequent killings and executions of Bosnian Muslim men, Vidoje Blagojevic was a Colonel in command of the Bratunac Brigade and was ¹³ present in Bratunac Brigade zone of responsibility exercising command through at least 17 July 1995; after 17 July he lead a battalion of his troops as part of a VRS operation attacking the Muslim enclave of Zepa. After the fall of Zepa, he returned to the Bratunac zone of responsibility where he remained until 22 September 1995. On that day, the Bratunac Brigade was attached to the Sarajevo-Romanija Corps (SRK). Despite this attachment, however, he did not remain exclusively in the sector of SRK but frequently travelled back to his brigade's garrison located in Bratunac. He remained the Bratunac Brigade Commander until mid-1996 when he was reassigned to the VRS Main Staff, later named the VRS General Staff.

As a Brigade Commander, he was responsible for planning, directing, and monitoring the activities of all the subordinate formations of his brigade, in accordance with the directives received from his higher command at the Corps and Main Staff levels.

The accused: Dragan Obrenovic was born on 12 April 1963 in the Bosnian Serb village of Matino-Brdo. When armed conflict broke out in Bosnia and Herzegovina, he held the rank of Captain in the Armour and Mechanised Forces Branch of the JNA and was garrisoned in the Zvornik municipality. From December 1992 through November 1996, he was Chief of Staff/Deputy Commander of the 1st Zvornik Infantry Brigade of the VRS. He was promoted from the rank of Major to the rank of Lieutenant Colonel in December 1995. On 29 April 1996, Dragan Obrenovic became the Acting Commander of the 303rd Motorised Brigade, and August 1998, he was appointed Commander ¹⁴ of the 503rd Motorised Brigade in Zvornik. These two brigades had formerly been designated as the Zvornik Brigade.

Superior authority and position of the accused: On 1 July 1995, Dragan Obrenovic was a major and held the position of Chief of Staff of the Zvornik Brigade. As Chief of Staff, he was responsible for directing the activities of the brigade staff. He was responsible for monitoring, controlling, and organising the activities of all units and activities within the brigade zone of responsibility, to give supplementing orders to ensure implementation of the Commander's order, and act as primary advisor to his Brigade Commander. As Chief of Staff, he was concurrently the Brigade Deputy Commander, where, in the absence of his Commander, he was in charge of the Zvornik Brigade and had a right to give assignments to subordinates. When the Srebrenica operation began on 6 July 1995, Vinko Pandurevic, the Commander of the Zvornik Brigade, was absent on other duties outside the Zvornik Brigade zone of responsibility and Dragan Obrenovic, as the Deputy Commander, was in charge of the Zvornik Brigade on 6 July 1995 through midday 15 July 1995 when Vinko Pandurevic returned to the Zvornik Brigade area. Dragan Obrenovic resumed his duties as Chief of Staff from midday of 15 July 1995.

Dragan Obrenovic became Acting Commander of the Zvornik Brigade from 4 August to 16 September 1995 and again from 18 September to 24 September 1995. On 29 April 1996, Dragan Obrenovic became Acting Commander of the 303rd Motorised Brigade and remained as such until August 1998, when he was appointed Commander of the 503rd Motorised Brigade in ¹⁵ Zvornik. These brigades were formerly designated as the Zvornik Brigade. The accused:

Dragan Ljubomir Jokic was born on 20 August 1957 in the Bosnian Serb village of Grbavci in the Zvornik municipality. He attended the military school for non-commissioned officers and the military academy. He completed a battalion commander's course in engineering. He joined the Zvornik Brigade at the beginning of the war in 1992, when the brigade was formed, and remained until after the war. During the time period relevant to the joinder indictment, he was the Chief of Engineering of the 1st Zvornik Infantry Brigade and held the rank of major. Prior to his detention in The Hague he was a Lieutenant Colonel working for the VRS 5th Corps located in Sokolac, Bosnia and Herzegovina. Position of the accused.

In July 1995, Dragan Jokic held the rank of Major with the position Chief of Engineering of the Zvornik Brigade. As Chief of Engineering, he was a member of the Zvornik Brigade staff, and was the advisor to the Zvornik Brigade Commander and to the Chief of Staff/Deputy Commander for matters relating to engineering services, such as defence works, mining activities, road construction. He was also responsible for planning, directing, organising, and monitoring the activities of the Zvornik Brigade Engineering Company, and was empowered to issue orders to the engineering company which implemented the directive of the Brigade Commander and/or the Chief of Staff/Deputy Commander. Commission, Dragan Jokic was the deputy officer of the Zvornik Brigade for a 24-hour period from the morning of 14 July 1995 through the ¹⁶ morning of 15 July 1995. In that capacity, he was the designated representative of the Brigade Commander or Chief of Staff/Deputy Commander and remained present at the Brigade headquarters during this period of duty. In that regard, operational orders from the superior command (Drina Corps and Main Staff) passed through him, and reports from the Zvornik Brigade to the superior command were either written by him or relayed through him. In the event that the Commander or Chief of Staff was temporarily absent from the headquarters during the duty period, the duty officer would ensure that their orders to subordinates were sent, and reports from these subordinates were received in a timely manner. These reports would be relayed by the duty officer to the Commander or Chief of Staff/Deputy Commander as required. The duty officer is the central point of coordination and communications for the Zvornik Brigade zone of responsibility.

Criminal responsibility of the accused: Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic are individually responsible for the crimes alleged against them in this joinder indictment, pursuant to Article 7(1) of the Tribunal Statute. Individual criminal responsibility, including committing, planning, instigating, ordering, or otherwise aiding and abetting in the planning, preparation, or execution of any crimes referred to in Article 2 to 5 of the Tribunal Statute. By using the word "committed" in this joinder indictment, the Prosecutor does not intend to suggest that any of the accused physically perpetrated any of the crimes charged personally. Vidoje Blagojevic is also criminally responsible as commander for ¹⁷ the acts of his subordinates pursuant to Article 7(3) of the Tribunal Statute if he knew or had reason to know that his subordinates were about to commit such acts or had done so and he failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Dragan Obrenovic, during the time periods when he was the Deputy Commander, Acting Commander or Commander, is criminally responsible for the acts of his subordinates pursuant to Article 7(3) of the Statute of the Tribunal if he knew or had reason to know that his subordinates were about to commit criminal acts or had done so and he failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Joint criminal enterprise: Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic, together with other VRS and MUP officers and units, as identified in this joinder indictment, were members of and knowingly participated in a joint criminal enterprise, the common purpose of which was: To forcibly transfer the women and children from the Srebrenica enclave to Kladanj, on 12 of July and 13 of July 1995;.

And to capture, detain, summarily execute by firing squad and bury thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica enclave from 12th of July 1995, until and about 19 July 1995. The last known primary burial of Srebrenica victims occurred on or about 19th July 1995 in Glogova. The initial plan was to summarily execute more than 1.000 Bosnian Muslim men and boys, aged 16 to 60, who were separated from ¹⁸ the group of Bosnian Muslims in Potocari on 12th and 13th July. On 12 July, this plan was broadened to include the summary execution of over 6.000 men and boys, aged 16 to 60, who were captured from the column of Bosnian Muslim men escaping the Srebrenica enclave on 12 July through about 19 July 1995. Most of these men and boys from the column were captured along the Bratunac/Milici road on 13th July 1995. While the joint criminal enterprise contemplated organised and systematic executions, it was foreseeable that opportunistic criminal acts, such as those described in this joinder indictment, would be carried out by VRS and MUP forces during and after the joint criminal enterprise. VRS and MUP forces carried out such opportunistic criminal acts from 12 July 1995 to about 1 November 1995. The implementation of this joint criminal enterprise resulted in the summary execution of over 7.000 Bosnian Muslim men and boys from the Srebrenica enclave. Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic possessed the criminal intent and state of mind required for the commission of the individual crimes charged in the joinder indictment, and their acts significantly assisted and facilitated the commission of the crimes. The specific acts and responsibilities of Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic pursuant to this joint criminal enterprise are described as follows in the joinder indictment.

JUDGE SCHOMBURG: May I just interrupt you? I think it's not necessary to read the paragraphs because for the listener, it's not relevant. He can't follow these points. If you would start with paragraph 16? ^{19BLANK PAGE 20}

THE REGISTRAR: Yes. Paragraph 16. The joint criminal enterprise of which Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic were key members and participants were conceived and designed by General Ratko Mladic and others on 11 and 12 July 1995, and administered and carried out by members of the VRS and MUP forces through the time period and by the means alleged in this joinder indictment.

Members of this joint criminal enterprise include General Ratko Mladic, the Commander of the VRS; General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on 13 July, 1995; General Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours on 13 July 1995 and thereafter Commander of the Drina Corps; Vidoje Blagojevic, Commander of the Bratunac Brigade; Vinko Pandurevic, Commander of the Zvornik Brigade, Dragan Obrenovic, Deputy Commander of the Zvornik Brigade, Colonel Ljubisa Beara, Chief of Security of the Main Staff; Lieutenant Colonel Vujadin Popovic, Chief of Security of the Drina Corps; Momir Nikolic, Assistant Commander of the Security and Intelligence, Bratunac Brigade; Dragan Jokic, Chief of Engineering of the Zvornik Brigade; and various other individuals and military and police units, including but not limited to the following: Drina Corps Units: Elements of the Bratunac Brigade; elements of the Zvornik Brigade; elements of the Vlasenica Brigade, elements of the 5th Engineering Battalion. Main staff units: Elements of the 10th Sabotage Detachment; elements of the 65th Protection Regiment. MUP units: Elements of the Republika Srpska special police; elements of the Bratunac municipal police; elements of the Milici ²¹ municipal police; elements of the Zvornik municipal police. A detailed summary of the military structure of the VRS is affixed to this joinder indictment as Annex A.

The allegations concerning criminal liability and the joint criminal enterprise contained in preceding paragraphs are re-alleged and incorporated into each of the charges set forth below. Charges.

Count 1. Complicity to commit genocide. Between 11 July 1995, and 1 November 1995, Vidoje Blagojevic and Dragan Obrenovic, with intent to destroy a part of the Bosnian Muslim people as a nation, ethnical or religious group,

(a) killed members of the group; and, (b) caused serious bodily or mental harm to members of the group.

Twice on the evening of 11 July and once on the morning of 12 July 1995, Ratko Mladic and other VRS representatives convened critical meetings at the Hotel Fontana in Bratunac concerning the fate of the refugees who had fled from the Srebrenica enclave to Potocari. Momir Nikolic, Assistant Commander for Security and Intelligence for the Bratunac Brigade under the command of Vidoje Blagojevic, attended the first two of these three meetings. During this time period from the late evening of 11 July to the early mornings of 12 July 1995, the plan to forcibly transfer the civilian refugee population of Potocari and to murder the Bosnian Muslim males from Potocari was developed by General Mladic, his command staff and others. Later in the day on 12 July 1995, ²² the plan to murder Bosnian Muslim prisoners was extended to those prisoners captured from the Bosnian Muslim column escaping from the Srebrenica enclave on and after 12 July 1995. Vidoje Blagojevic, acting in concert with other VRS and MUP commanders and units as identified in this joint indictment, participated in the execution of the plan to forcibly transfer Bosnian Muslims from the Srebrenica enclave. Additionally, Vidoje Blagojevic knew or had reason to know that his subordinates would and did participate in these criminal acts, and he failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

On or about 12 July 1995, in the presence of Ratko Mladic, Radislav Krstic, and officers and soldiers from the Bratunac Brigade, MUP and other units, approximately 50 to 60 buses and trucks arrived near the UN military compound in Potocari. Shortly after the arrival of these vehicles, the forcible transfer process of Bosnian Muslim women and children began. As Bosnian Muslim women, children and men started to board the buses and trucks, VRS and/or MUP soldiers acting in concert, under the command of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others separated over 1.000 Bosnian Muslim men from the women and children and transported these men to temporary detention sites in Bratunac on 12 and 13 July 1995. Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and other commanders knew that these men separated in Potocari would later be summarily executed by VRS and/or MUP units. These Bosnian Muslim men separated in Potocari were in fact later summarily executed in the Zvornik Brigade zone of responsibility from 14th to 16th July, as alleged in this ²³ joinder indictment, with the full knowledge and active participation of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and others. Additionally, Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts, and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Vidoje Blagojevic, acting in concert with other VRS and MUP officers and units in the joint criminal enterprise as identified in this joinder indictment, participated in the execution of the plan to capture and murder Bosnian Muslim men from the column of men retreating from the Srebrenica enclave on or after 12 July 1995. Bratunac Brigade troops, under the command and control of Vidoje Blagojevic, acting in concert with other VRS and/or MUP units in furtherance of the joint criminal enterprise, participated in the capture of men from the column. Approximately 6.000 Bosnian Muslim prisoners were captured on 13 July 1995 and taken to the same temporary detention sites in and around Bratunac as those men separated from Potocari. Members of the Bratunac Brigade Military Police under the command and control of Vidoje Blagojevic participated in the guarding of the prisoners and the escort of those prisoners to holding and execution sites in the Zvornik Brigade zone of responsibility. These Bosnian Muslim prisoners were later summarily executed in the Zvornik Brigade zone of responsibility from 14 July to 16 July 1995, with the full knowledge of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic and others, as alleged ²⁴ in this joinder indictment. Additionally, Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts, and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Dragan Obrenovic, acting in concert with other VRS and MUP officers and units in the joint criminal enterprise as identified in this joinder indictment, participated in the execution of the plan to capture and murder over 6.000 Bosnian Muslim men from the Srebrenica enclave on or after 12 July, 1995. Between 13 and 16 July 1995, the Zvornik Brigade Military Police, under the command and control of Dragan Obrenovic, was involved in scouting the detention sites for the Bosnian Muslim prisoners to be executed in the Zvornik Brigade zone of responsibility. Between 14 and 16 July 1995, Bosnian Muslim prisoners were transported to these detention and execution sites in the Zvornik Brigade zone of responsibility, where they were guarded and subsequently executed by members of the Zvornik Brigade, acting in concert with other VRS and MUP units and under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, and others, as alleged in this joinder indictment. These Bosnian Muslim prisoners were executed with the full knowledge of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic, and others as alleged in this joinder indictment. Additionally, Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts, and they failed to take ²⁵ the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

Vidoje Blagojevic, acting in concert with other VRS and MUP officers and units in the joint criminal enterprise as identified in this joinder indictment, planned, instigated, ordered or otherwise aided and abetted in the planning, preparation, or execution of a planned and organised mass execution and burial of thousands of captured Bosnian Muslim men from the Srebrenica enclave from about 11 July through about 19 July 1995. From about 12 July, through about 19 July 1995, Dragan Obrenovic, and Dragan Jokic, and other VRS and MUP officers and units, as identified in this joinder indictment, planned, instigated, ordered, or otherwise aided and abetted in the planning, preparation, or execution of a planned and organised mass execution and burial operation of thousands of captured Bosnian Muslim men from the Srebrenica enclave. Additionally, Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts, and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

The wide-scale and organised killing and burial of Bosnian Muslim men, implemented and overseen by Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic as referred to above, by VRS and MUP officers and units in the joint criminal enterprise acting in concert with each other and under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, Dragan Jokic, and others as described in this joinder indictment, occurred in several different ²⁶ locations in and around Srebrenica and Zvornik from 12 July 1995 until about 19 July 1995, including:

Bratunac, Milici, and Vlasenica Brigades zone of responsibility: Potocari: On 12 July 1995, in between the Zinc Factory and Alija's house, VRS and/or MUP soldiers, working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others, summarily executed by decapitation approximately 80 do 100 Bosnian Muslim men. The bodies were then taken away on a truck. All of these Bosnian Muslim men had been taken prisoner from among the group of Bosnian Muslims in Potocari by VRS and/or MUP soldiers working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others.

Jadar River: On 13 July 1995, at approximately 1100 hours, a small squad of soldiers consisting of at least one Bratunac police officer, working together in furtherance of the joint criminal enterprise with individuals and units of the VRS and/or MUP, all under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others, captured approximately 16 Bosnian Muslim men from the column of men retreating from the Srebrenica enclave, transported them from Konjevic Polje to an isolated area on the bank of the Jadar River in the Milici Brigade zone of responsibility and summarily executed them. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave by VRS and/or MUP officers and units, working together, ²⁷ in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others.

Cerska Valley: On 13 July 1995, in the early afternoon hours, VRS and/or MUP soldiers working together in furtherance of the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others transported about 150 Bosnian Muslim men to an area along a dirt road in the Cerska Valley about 3 kilometres from Konjevic Polje, in the Milici Brigade zone of responsibility, summarily executed them, and using heavy equipment, covered them with dirt. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others.

Kravica Warehouse: On 13 July 1995, in the early evening hours, VRS and/or MUP soldiers, working together in the furtherance of the joint criminal enterprise, all under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others summarily executed over 1.000 Bosnian Muslim men detained in a large warehouse in the village of Kravica in the Bratunac Brigade zone of responsibility. The soldiers used automatic weapons, hand grenades, and other weaponry to kill the Bosnian Muslims inside the warehouse. On 14 July 1995, heavy equipment arrived and removed the victims' bodies to a large mass grave located in the nearby village of Glogova and Ravnice in the Bratunac Brigade zone of ^{28BLANK PAGE 29} responsibility. These Bosnian Muslim men had been captured from the column of men retreating from Srebrenica enclave by VRS and/or MUP officers and units, working together in the furtherance of the joint criminal enterprise, with units under the control of Vidoje Blagojevic. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995.

Tisca: Throughout the day on 13 July 1995, VRS and/or MUP soldiers, working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Vidoje Blagojevic and others, transported Bosnian Muslim women and children who had been separated from male members of their families in Potocari, to an area near Tisca village in Vlasenica zone of responsibility. Most of the Bosnian Muslim women and children forcibly transferred to Tisca were permitted to cross into Bosnian Muslim territory. However, VRS soldiers from Vlasenica Brigade of the Drina Corps identified and separated some of the remaining Bosnian Muslim men and boys aged 16 to 60 and some of the Bosnian Muslim women from this group at Tisca. Throughout the day on 13 July 1995, VRS soldiers from the Vlasenica Brigade, working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic and others, forced the selected Bosnian Muslim men and women to walk to a nearby school, where they were taunted and assaulted by VRS soldiers. On or about the evening of 13 July 1995 and the day of 14 July 1995, VRS and/or MUP soldiers, working together with other individuals and ³⁰ units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic and others, loaded 25 Bosnian Muslim men from the school onto a truck, drove them to an isolated pasture nearby, and summarily executed them with automatic weapons. These Bosnian Muslim men had been inadvertently allowed to board buses filled with women and children in Potocari by soldiers working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995.

JUDGE SCHOMBURG: May I interrupt you here at this point in time, because it's necessary for the translators to have the necessary break. And I want to adjourn until five minutes past 4.00. Thank you.

--- Recess taken at 3.44 p.m.

--- On resuming at 4.05 p.m.

JUDGE SCHOMBURG: [Microphone not activated]

THE REGISTRAR: Zvornik Brigade zone of responsibility. Orohovac near Lazete. In the late evening hours of 13 July and during the day of 14 July 1995, VRS military personnel from the Military Police Company of the Bratunac Brigade under the command of Vidoje Blagojevic, and working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others, transported hundreds of Bosnian Muslim males from in and around Bratunac in the Bratunac Brigade zone of responsibility to ³¹ the Grbavci school in the village of Orohovac in the Zvornik Brigade zone of responsibility. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units working together in the joint criminal enterprise with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others. On 14 July 1995, VRS military personnel from the Military Police Company of the Zvornik Brigade, working together with other individuals and units in the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic and Dragan Obrenovic, guarded and blindfolded the Bosnian Muslim males detained at the Grbavci School. On the early afternoon of 14 July, 1995, VRS military personnel transported the Bosnian Muslim males from the school at Grbavci to a nearby field. Once there, VRS military personnel from the 4th Battalion of the Zvornik Brigade, working together with other individuals and units in the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic and Dragan Obrenovic, ordered the Bosnian Muslim males off the trucks and summarily executed them with automatic weapons. Approximately 1.000 Bosnian Muslim males were killed. On 14 and 15 July, 1995, VRS military personnel from Zvornik Brigade Engineering Company, working together with other individuals and units in the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic and Dragan Obrenovic, used heavy equipment to bury the victims in mass graves at the execution site while the executions continued. On the evening of the 14th July, lights from the engineering machinery ³² illuminated the execution and burial sites during the execution. Dragan Obrenovic, as Chief of Staff, Deputy Commander of Zvornik Brigade, commanding the Zvornik Brigade in the absence of the commander, exercised control, command and coordination duties associated with the execution and burial operation described in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, monitoring, organising and carrying out of the burial involved in the murder operation. Dragan Jokic, as Brigade Deputy Officer -- as Brigade Duty Officer on 14th and 15th July, 1995, assisted in coordinating communication between VRS officers and commands involved in the transportation, detention, execution and burial of Srebrenica Muslims and issued or transmitted reports and updates to superiors on the progress of the overall murder operation.

The Petkovci School. On 14 July 1995, VRS and/or MUP military personnel, working together in furtherance of the joint criminal enterprise with units under the control of Vidoje Blagojevic and others, transported approximately 1.000 Bosnian Muslim males from detention sites in and around Bratunac to the school at Petkovic which was located inside the Zvornik Brigade zone of responsibility. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP personnel working together, in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others. On 14 and the early morning hours of 15 July 1995, VRS and/or MUP officers and units, working together, in furtherance of the ³³ joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, and others, struck, beat, assaulted and shot with automatic weapons, Bosnian Muslim males being detained at the school. Dragan Obrenovic, as Chief of Staff/Deputy Commander commanding the Zvornik Brigade in the absence of the Commander, exercised command, control and coordination duties associated with the detention of prisoners at the Petkovci school.

The "Dam" near Petkovci: On or about the evening of 14 July 1995 and the early morning hours of 15 July 1995, VRS military personnel from the Zvornik Brigade under the command and control of Ratko Mladic, Radislav Krstic, and Dragan Obrenovic, including drivers and trucks from the 6th Infantry Battalion and the Zvornik Brigade, transported the surviving members of the group of approximately 1000 Bosnian Muslim males from the school at Petkovci to an area below the Dam near Petkovci, also in the zone of responsibility of the Zvornik Brigade. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others. The Bosnian Muslim men were assembled below the dam and summarily executed by VRS or MUP soldiers with automatic weapons, under the command of Ratko Mladic, Radislav Krstic, and others. In the morning of 15 July 1995, VRS military personnel from the Engineering Company of the Zvornik Brigade working together with other individuals and units in the joint criminal enterprise and under the ³⁴ command and control of Ratko Mladic, Radislav Krstic, and Dragan Obrenovic, used excavators and other heavy equipment to bury the victims while the execution continued. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, commanding the Zvornik Brigade in absence of the Commander, exercised command, control, and coordination duties associated with the summary execution and disposal of bodies described in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, monitoring, organising, and carrying out of the burials involved in the murder operation. Dragan Jokic, as Brigade deputy officer -- as brigade duty officer on 14 and 15 July 1995, assisted in coordinating communication between VRS officers and commanders involving the transportation, detention, execution, and burial of Srebrenica Muslims and issued or transmitted reports and updates to superiors on the progress of the overall murder operation. Pilica School: On or about 14 and 15 July 1995, VRS and/or MUP personnel working together, in furtherance of the joint criminal enterprise, with units under the control of Vidoje Blagojevic and others, transported approximately 1200 Bosnian Muslim males from detention sites in Bratunac to the school at Pilica, which was located inside the zone of responsibility of the Zvornik Brigade. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others. On or about 14 and 15 July 1995, VRS military ³⁵ personnel with automatic weapons, working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, Dragan Obrenovic, and others, summarily executed many of the Bosnian Muslim males who had arrived, or were being detained, at the school. On 17 July 1995, VRS military personnel from the "R" Battalion of the Zvornik Brigade under the command and control of Ratko Mladic, Radislav Krstic, and others, retrieved the bodies of the victims from the Pilica School and transported them to the Branjevo military farm. On 17 July 1995, the engineering company of the Zvornik Brigade, under the command and control of Ratko Mladic, Radislav Krstic, Dragan Obrenovic, and others, using Zvornik Brigade heavy equipment, buried the victims of the Plica School executions in a mass grave at the Branjevo military farm. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, commanding the Zvornik Brigade in the absence of the Commander, exercised command, control and coordination duties associated with the execution described in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, monitoring, organising, and carrying out of the burials involved in the murder operation.

Branjevo Military Farm: On the morning of 16 July 1995, VRS military personnel working together, in furtherance of the joint criminal enterprise, with units under the control of Vidoje Blagojevic and others, transported the remaining members of the group of approximately 1200 Bosnian Muslim males from the Pilica school by bus to the Branjevo military farm. These Bosnian Muslim men had been captured from the column ³⁶ of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units, working together, in the furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic, and others. After the Bosnian Muslim males arrived at the Branjevo military farm, they were summarily executed by automatic weapon fire from members of the 10th Sabotage Detachment and the Bratunac Brigade, working together with other individuals and units in the joint criminal enterprise and under the command of Ratko Mladic, Radislav Krstic, and others, with the knowledge and support of Vidoje Blagojevic. On 17 July 1995, VRS soldiers from the engineering company of the Zvornik Brigade, working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, and others, using Zvornik Brigade heavy equipment, buried hundreds of victims in a nearby mass grave.

Dragan Obrenovic as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, Vinko Pandurevic, assisted in the planning, controlling, monitoring, organising and carrying out of each of the activities set out in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, monitoring, organising and carrying out of the burials involved in the murder operation.

Pilica Cultural Centre: On 16 July 1995, VRS military personnel from the Bratunac Brigade, under the command of Ratko Mladic, Radislav ^{37BLANK PAGE 38} Krstic, Vinko Pandurevic, Vidoje Blagojevic and others, after participating in the Branjevo Military Farm executions, travelled a short distance to the village of Pilica and with automatic weapons, summarily executed approximately 500 men inside the Pilica Cultural Centre. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others. On 17 July, 1995, VRS military personnel from the "R" Battalion of the Zvornik Brigade, under the command and control of Ratko Mladic, Radislav Krstic and others, retrieved the bodies of the victims from the Pilica Cultural Centre and transported them to the Branjevo Military Farm. On 17 July, 1995, the Engineering Company of the Zvornik Brigade, under the command and control of Ratko Mladic, Radislav Krstic and others, using Zvornik Brigade heavy equipment, buried the victims of the Pilica School executions in a mass grave at the Branjevo Military Farm. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, assisted in the planning, controlling, monitoring, organising and carrying out of each of the activities set out in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, monitoring, organising and carrying out of the burials involved in the murder operation.

Kozluk: On or before 16 July, 1995, VRS and/or MUP soldiers, ³⁹ working together with other individuals and units in the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic and others, transported about 500 Bosnian Muslim males to an isolated place near Kozluk, in the Zvornik Brigade zone of responsibility, and summarily executed them with automatic weapons. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise with units under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others. On 16 July 1995, VRS soldiers from the Engineering Company of the Zvornik Brigade, working together with other individuals and units in the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic and others, buried the victims of their executions in a mass grave nearby. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, assisted in the planning, controlling, monitoring, organising and carrying out of each of the activities set out in this paragraph. Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in planning, monitoring, organising and carrying out the burials involved in the murder operation. In addition to and as a result of the above-alleged mass executions planned, prepared and implemented by the joint criminal enterprise, of which Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic were key members and participants, it was a foreseeable that opportunistic ⁴⁰ killings of captured Bosnian Muslim men and boys would occur at the hands of VRS and MUP forces participating in this joint criminal enterprise, and acting under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic and others through about 1st November, 1995. Such opportunistic killings did in fact occur. Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

The opportunistic killings of captured Bosnian Muslim men in the Srebrenica "safe area" by VRS and MUP personnel acting in concert pursuant to the joint criminal enterprise, and under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic and others, occurred in several different locations in the Bratunac Brigade zone of responsibility, from 12 of July through about 1 November 1995. This opportunistic killings were a natural and foreseeable consequence of the joint criminal enterprise, of which Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic were members and key participants. Such opportunistic killings in the Bratunac Brigade zone of responsibility included but are not limited to:

Potocari: On 12th of July and 13th July 1995, VRS and/or MUP personnel, working together with other individuals and units in the joint criminal enterprise under the command and control of Ratko Mladic, Vidoje Blagojevic and others, committed opportunistic killings of Bosnian Muslim males at various locations around the UN compound in Potocari, including ⁴¹ the following:

(a) On the morning of the 13th July, the bodies of six Bosnian Muslim women and five Bosnian Muslim men were found in a stream near the UN Compound in Potocari.

(b) On 12th July, the bodies of nine Bosnian Muslim men who had been shot, were found in the woods near the UN Compound on the Budak side of the main road.

(c) On 12 July, the bodies of nine or ten Bosnian Muslim males were found about 700 metres from the UN Compound behind the White House in a creek.

(d) On 13 July, one Bosnian Muslim man was taken behind a building near the "White House" and summarily executed.

Bratunac: On 12th and 13 July 19935, VRS and/or MUP soldiers, working together with other individuals and units in the joint criminal enterprise, under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others, transported many of the Bosnian Muslims who had been detained in Potocari or captured, by VRS and/or MUP officers and units working together, in furtherance of the joint criminal enterprise, with officers and units under the command and control of Vidoje Blagojevic, from the column of Bosnian Muslim men retreating from the Srebrenica enclave to locations in and around Bratunac, where they were held in schools, buildings and vehicles parked along the road. VRS and/or MUP military personnel including soldiers from the Bratunac Brigade Military Police company, under the command and control of Vidoje Blagojevic participated in the guarding of the prisoners detained at these ⁴² sites. Between 12 July 1995 and the evening of 13 July 1995, VRS and/or MUP soldiers, working together with other individuals and units in the joint criminal enterprise, under the command and control of Ratko Mladic, Radislav Krstic, Vidoje Blagojevic and others, participated in numerous opportunistic killings of the detained Bosnian Muslim men from the Srebrenica enclave at various locations throughout Bratunac, including: (a) On 12th July, beginning at approximately 2200 hours and continuing through 13 July, more than 50 Bosnian Muslim men were taken from a hangar behind the Vuk Karadzic elementary school in Bratunac and summarily executed.

(b) On 13 July, at approximately 2130 hours, two Bosnian Muslim men were taken off a truck in Bratunac town, taken to a nearby garage and summarily executed.

(c) On 13 July, in the evening, a Bosnian Muslim man who was mentally retarded was taken off a bus parked in front of the Vuk Karadzic elementary school in Bratunac and summarily executed. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995.

(d) On 13 July, during the day, one Bosnian Muslim man was beaten about the head with a rifle at the Vuk Karadzic school and was subsequently taken away and summarily executed. Numerous other Bosnian Muslim men detained at the Vuk Karadzic elementary school were also summarily executed during the day of 13 July. (e) On the evening of 13 July, four young Bosnian Muslim males ⁴³ were taken from the area of Vuk Karadzic School and were summarily executed. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995.

(f) Between the evening of 13 July and the morning of 15 July, Bosnian Muslim males were frequently and consistently taken from the Vuk Karadzic elementary school and summarily executed. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995 and of which Dragan Jokic was a member by at least 14 July 1995.

Nova Kasaba: At sometime from 13 July through 27 July 1995, VRS and/or MUP military personnel under the command of Ratko Mladic, Radislav Krstic, and others captured and executed 33 Bosnian Muslim men originally from the Srebrenica enclave, all of whom had been taken prisoner from the column of Bosnian Muslim men retreating from the Srebrenica enclave. At least 26 of the victims were summarily executed after having been placed in two recently dug graves. Twenty-seven of the 33 men had their hands tied behind their backs when they were executed. These graves were located near the village of Nova Kasaba, Grid Reference CP 484 991. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Vidoje Blagojevic and others. This ⁴⁴ execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995, and of which Dragan Jokic was a member by at least 14 July 1995.

Konjevic Polje: At sometime from 13 July through 27 July 1995, VRS and/or MUP soldiers under the command and control of Ratko Mladic, Radislav Krstic, and others captured two Bosnian Muslim men originally from the Srebrenica enclave, placed them in a pit near the village of Konjevic Polje, Grid Reference CP 504 001, and summarily executed and buried them. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Vidoje Blagojevic and others. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995, and of which Dragan Jokic was a member by at least 14 July 1995.

Glogova: At sometime from 17 July through 27 July 1995, VRS and/or MUP soldiers working together with other individuals and units in the joint criminal enterprise and under the command and control of Ratko Mladic, Radislav Krstic, and others, captured 12 Bosnian Muslim men originally from the Srebrenica enclave, tied them together in six pairs, shot each of them in the head, and buried them in a mass grave near the village of Glogova, Grid Reference CP 615 964. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica ⁴⁵ enclave by VRS and/or MUP officers and units in the zone of responsibility of the Bratunac Brigade working together, in furtherance of the joint criminal enterprise, with units under the command and control of Vidoje Blagojevic and others. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995, and of which Dragan Jokic was a member by at least 14 July 1995. Kravica Market: During the night between 13 July and 14 July near a supermarket in Kravica, a VRS and/or MUP soldier under the command of Ratko Mladic and others placed his rifle barrel into the mouth of a Bosnian Muslim prisoner and summarily executed the man; VRS and/or MUP soldiers also struck, beat with rifle butts, and summarily executed Bosnian Muslim prisoners who were detained on trucks near the supermarket. These Bosnian Muslim men were captured and executed by VRS and/or MUP officers and units, working together, in furtherance of the joint criminal enterprise, with units under the command and control of Vidoje Blagojevic and others. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995.

Bratunac Brigade: At sometime from 12 July through 1 November 1995, the following Bosnian Muslim men from Srebrenica were captured by MUP forces, turned over to and interrogated by security personnel from the Bratunac Brigade acting under the command and control of Vidoje Blagojevic and others, and thereafter summarily executed by unknown persons: ^{46BLANK PAGE 47} Zazif Avdic, son of Ramo, date of birth: 15 September 1954. Munib Dedic, son of Emin, date of birth: 26 April 1956. Aziz Husic, son of Osman, date of birth: 08 April 1966. Resid Sinanovic, son of Rahman, date of birth: 15 October 1949. Mujo Husic, son of Osman, date of birth: 27 August 1961. Hasib Ibisevic, son of Ibrahim, date of birth: 27 February 1964. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Dragan Obrenovic was a member by at least the early evening hours of 13 July 1995, and of which Dragan Jokic was a member by at least 14 July 1995.

From about 11 July 1995 through about 1 November 1995, Dragan Obrenovic, acting in concert with other VRS and MUP officers and units as identified in this joinder indictment, planned, instigated, ordered or otherwise aided and abetted in the planning, preparation, or execution of the opportunistic killings in the Zvornik Brigade zone of responsibility of Bosnian Muslim men captured from the Srebrenica "safe area" by VRS and/or MUP military personnel participating in this joint criminal enterprise and acting under the command and control of Ratko Mladic, Radislav Krstic, Vinko Pandurevic, Vidoje Blagojevic, Dragan Obrenovic, and others. Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts, and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. The opportunistic killings referenced in the above paragraph were a natural and foreseeable consequence of the joint criminal enterprise, of ⁴⁸ which Vidoje Blagojevic, Dragan Obrenovic, and Dragan Jokic were members and key participants. Such opportunistic killings occurred from about 12 July through about 1 November 1995 at various locations in the Zvornik Brigade zone of responsibility, including, but not limited to: Nezuk: On 19 July, 1995, VRS military personnel from the 16th Brigade of the 1st Krajina Corps, resubordinated to the command of the Zvornik Brigade, all under the command and control of Ratko Mladic, Radislav Krstic and others, captured and with automatic weapons summarily executed approximately 10 Bosnian Muslim males in a place near Nezuk in the zone of responsibility of the Zvornik Brigade. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, assisted in the planning, controlling, monitoring, organising and carrying out of the overall operation pursuant to which this summary execution occurred. This execution was a natural and foreseeable consequence of the joint criminal enterprise of which Vidoje Blagojevic was a member by at least 12 July, 1995, and of which Dragan Jokic was a member by at least the 14th of July, 1995.

Zvornik Brigade, on about 19 July, 1995, the following four Bosnian Muslim men were captured from the column by VRS and/or MUP forces in the Zvornik Brigade zone of responsibility and turned over to Zvornik Brigade security personnel under the command and control of Dragan Obrenovic:

(a) Sakib Kiviric, son of Salko, date of birth: 24 June 1964. (b) Emin Mustafic, son of Rifet, date of birth: 7 October, 1969. ⁴⁹ (c) Fuad Djozic son of Senusija, date of birth: 2nd May 1965. (d) Almir Halilovic, son of Suljo, date of birth 25 August, 1980. On or about 22nd July, 1995, these four Bosnian Muslim men were interrogated by Zvornik Brigade personnel. Sometime thereafter, these men were summarily executed by unknown persons working together with the Zvornik Brigade security personnel. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, assisted in the planning, controlling, monitoring, organising and carrying out of the overall operation pursuant to which this summary execution occurred. These executions were a natural and foreseeable consequence of the joint criminal enterprise, of which Vidoje Blagojevic was a member by at least 12th of July, 1995 and of which Dragan Jokic was a member by at least 14th July, 1995.

Zvornik Brigade: On 20 August, 1995, Dzemail Salihovic, a Bosnian Muslim from Srebrenica, was captured by forces of the Zvornik Brigade near Kalesija while attempting to cross over to Muslim-held territory. Mr. Salihovic was interrogated by personnel from the Zvornik Brigade and was summarily executed sometime thereafter by unknown persons. Dragan Obrenovic, as Chief of Staff/Deputy Commander of the Zvornik Brigade, acting in his capacity as Chief of Staff upon the return of the Zvornik Brigade Commander, assisted in the planning, controlling, monitoring, organising and carrying out of the overall operation pursuant to which this summary execution occurred. This execution was a natural and foreseeable consequence of the joint criminal enterprise, of which Vidoje ⁵⁰ Blagojevic was a member by at least 12 July 1995, and of which Dragan Jokic was a member by at least 14 July 1995.

Before, during and after the killings and mass executions which occurred from 12 July until about 1 November 1995, Vidoje Blagojevic, as Commander of the Bratunac Brigade, as previously described in this joinder indictment, knew or should have known that his subordinates would and did participate in these criminal acts, and failed to prevent or punish any of those responsible for carrying out the assaults, executions, and burials in the Bratunac and Zvornik Brigade zone of responsibility. Before, during and after the killings and mass executions which occurred from 12 July until about 1 November, 1995, Dragan Obrenovic, when he was in charge of and subsequently commanding the Zvornik Brigade as previously described in this joinder indictment, knew or should have known that his subordinates would and did participate in these criminal acts, and failed to prevent or punish any of those responsible for carrying out the assaults, executions and burials in the Zvornik Brigade zone of responsibility.

From about 1 August 1995 through about 1 November 1995, VRS units participated in an organised a comprehensive effort to conceal the killings and executions in the Zvornik and Bratunac Brigade zones of responsibility by reburying bodies exhumed from initial mass graves at the following locations: Branjevo Military Farm; Kozluk; the "Dam" near Petkovci; Orahovac; and Glogova; and transferring them to secondary graves at: 12 sites along the Cancari Road (containing bodies from Branjevo Military Farm and Kozluk); four sites near Liplje (containing bodies from ⁵¹ the "Dam" near Petkovic); seven sites near Hodzici (containing bodies from Orahovac); and seven sites near Zeleni Jadar (containing bodies from Glogova). This reburial operation was a natural and foreseeable consequence of the execution and original burial plan conceived by the joint criminal enterprise, of which Vidoje Blagojevic, Dragan Obrenovic and Dragan Jokic were members and key participants.

Vidoje Blagojevic, as Commander of the Bratunac Brigade, Dragan Obrenovic, acting in his capacity as Chief of Staff/Deputy Commander and Acting Commander of the Zvornik Brigade, Dragan Jokic, as Chief of Engineering of the Zvornik Brigade, assisted in the planning, controlling, monitoring, organising and carrying out of the activities described in the above paragraph. Additionally, Vidoje Blagojevic and Dragan Obrenovic knew or had reason to know that their subordinates would and did participate in these criminal acts and they failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

JUDGE SCHOMBURG: Thank you very much, Madam Registrar. Mr. [Microphone not activated] Now it's up to you --

THE INTERPRETER: Microphone, Your Honour, please.

JUDGE SCHOMBURG: Sorry. Mr. Blagojevic, Mr. Obrenovic and Mr. Jokic, now it's up to you to enter a plea. I have to remind you once again the admonition given at the beginning of this hearing. It is your right to remain silent. You cannot be forced to answer, and no inferences can be drawn from your silence. Only Rule 62 provides for that if in the case an accused fails to enter a plea, the Judge shall enter a plea of not ⁵² guilty on the accused's behalf.

However, it seems only fair to inform you also on the other side of the coin. In most courtrooms of this globe, any kind of cooperation will not only be appreciated. It will cast a new light on your individual case. Furthermore, just in case if - and I emphasise if - in this case, it should come to sentencing stage, any kind of serious cooperation will be held in your favour. This is true also under the settled jurisprudence of this Tribunal.

This is not only a question of pleading vis-a-vis single counts. You also can assist the judiciary in the attempt to come as close as possible to the truth by your cooperation, for example, when you might be ready to agree on some facts, especially bearing in mind the finding we have already in the Krstic case which of course are not binding in this case. You should discuss these options carefully with your Defence counsel, balancing your individual interest.

Having said this, I want now to proceed as follows: As Rule 62 is the individual right of an accused to plead, if there are no objections from the side of especially the Defence counsels or from the side of the OTP, then I want to adjourn for five minutes and then start with the pleading of Mr. Blagojevic only. Then after that, the further appearance of Mr. Obrenovic only. And then finally, the one of Mr. Jokic. Any objections?

MR. KARNAVAS: No objections, Your Honour.

JUDGE SCHOMBURG: Then we will adjourn for five minutes and we will have only Mr. Blagojevic and the Defence counsel. Thank you. ⁵³

--- Recess taken at 4.56 p.m.

--- On resuming at 5.05 p.m.

[The accused Blagojevic entered court]

JUDGE SCHOMBURG: [Microphone not activated] Mr. Blagojevic, you understood the admonition?

THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, I did understand the admonition.

JUDGE SCHOMBURG: The first count of the indictment is complicity to commit genocide, punishable under Articles 4(3)(e), 7(1) and 7(3) of the Statute of the Tribunal. What is your plea?

THE ACCUSED BLAGOJEVIC: [Interpretation] Your Honour, I received the joinder -- the joinder indictment, and I read it, and today I had the opportunity of listening to it again. With regard to the joinder indictment, I would like to say that on all the counts that are cited in the indictment, I am not guilty, and I am going to persuade this Court of the fact and the international public.

JUDGE SCHOMBURG: You make already a reference to other counts, but I have to repeat also the other counts because if -- as I mentioned before, there's no obligation. But if you want to, you should enter a plea vis-a-vis all singed counts.

Count 2: This is extermination, a crime against humanity, punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the Tribunal.

THE ACCUSED BLAGOJEVIC: [Interpretation] I am not guilty on this count. ⁵⁴

JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity, punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the Tribunal?

THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilt.

JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or customs of war, punishable under Article 3, 7(1), and 7(3) of the Statute of the Tribunal.

THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

JUDGE SCHOMBURG: Count 5: 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.

THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

JUDGE SCHOMBURG: Count 6: Inhumane acts, forcible transfer, a crime against humanity, punishable under Articles 5(i), 7(1), and 7(3) of the Statute of the Tribunal.

THE ACCUSED BLAGOJEVIC: [Interpretation] I plead not guilty.

JUDGE SCHOMBURG: Do you want to make any other comments?

THE ACCUSED BLAGOJEVIC: [Interpretation] No, Your Honour.

JUDGE SCHOMBURG: Thank you. Then we'll have a short break only -- I see -- yes.

MR. KARNAVAS: Your Honour, just a minor clarification. I believe that he has indicated that he was innocent versus not guilty, and I think the record should reflect that.

JUDGE SCHOMBURG: That's correct. And I see it before me. It's quite clear from the beginning. ^{55BLANK PAGE 56} Then after a short break, we should turn to Mr. Obrenovic and the Defence counsel of Mr. Obrenovic. Only a short break.

[The accused Blagojevic withdrew]

--- Break taken at 5.10 p.m.

--- On resuming at 5.13 p.m.

[The accused Obrenovic entered court]

JUDGE SCHOMBURG: [Microphone not activated] May I first of all --

THE INTERPRETER: Microphone, Your Honour, please. Microphone, please.

JUDGE SCHOMBURG: Mr. Obrenovic, may I ask you first of all whether or not you understood the admonitions given to you.

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I have.

JUDGE SCHOMBURG: Then I have to ask you your response to the alleged Count 1: Complicity to commit genocide, punishable under Articles 4(3)(e), 7(1) and 7(3) of the Statute of the Tribunal.

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: Count 2: Extermination, a crime against humanity, punishable under Articles 5(b), 7(1) and 7(3) of the Statute of the Tribunal?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity, punishable under Articles 5(a), 7(1) and 7(3) of the Statute of the Tribunal? ⁵⁷

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or customs of war, punishable under Articles 3, 7(1) and 7(3) of the Statute of the Tribunal?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: Count 5: 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?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: And Count 6: Inhumane acts, forcible transfer, a crime against humanity, punishable under Articles 5(i), 7(1) and 7(3) of the Statute of the Tribunal?

THE ACCUSED OBRENOVIC: [Interpretation] Your Honour, I plead not guilty.

JUDGE SCHOMBURG: Do you want to make any other comments?

THE ACCUSED OBRENOVIC: [Interpretation] No, I don't, Your Honour.

JUDGE SCHOMBURG: Thank you. Then we adjourn for five minutes, and the last part will be heard with the Bench of three Judges. Thank you

[The accused Obrenovic withdrew]

--- Break taken at 5.17 p.m.

--- On resuming at 5.30 p.m.

JUDGE SCHOMBURG: Please bring in Mr. Jokic. ⁵⁸

[The accused Jokic enters court]

JUDGE SCHOMBURG: Mr. Jokic, first of all, I have to ask you whether or not you understood the admonitions given before.

THE ACCUSED JOKIC: [Interpretation] Yes, I did.

JUDGE SCHOMBURG: Then I come to count 2. Count 1 is not relevant for you. This is extermination, a crime against humanity, punishable under Articles 5(b) and 7(1) of the Statute of the Tribunal.

THE ACCUSED JOKIC: [Interpretation] I'm not guilty, Your Honour.

JUDGE SCHOMBURG: Count 3: Murder, a crime against humanity punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.

THE ACCUSED JOKIC: [Interpretation] Not guilty.

JUDGE SCHOMBURG: Count 4: Murder, a violation of the laws or customs of war, punishable under Articles 3, 7(1) of the Statute of the Tribunal.

THE ACCUSED JOKIC: [Interpretation] Not guilty.

JUDGE SCHOMBURG: Count 5: Persecutions on political, racial and religious grounds, a crime against humanity, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.

THE ACCUSED JOKIC: [Interpretation] Not guilty, Your Honour.

JUDGE SCHOMBURG: Do you want to make any other comments?

THE ACCUSED JOKIC: [Interpretation] I do not, Your Honour.

JUDGE SCHOMBURG: Thank you. Please be seated. Then we come to the motion still pending on provisional release.

--- Whereupon the Further Appearance adjourned at 5.40 p.m.