(IT-02-56) Momir Nikolic, Date: 2002-04-03, Hearing Type: IA

Wednesday, 3 April 2002

[Initial Appearance]

(Open session)

[The accused entered court]

--- Upon commencing at 3.00 p.m.

JUDGE SCHOMBURG: Good afternoon, ladies and gentlemen in the courtroom and also to those not visible but indispensable for our work, especially the interpreters, technicians, and other staff around the courtroom.

And let me first of all make sure that everybody can hear me. Mr. Nikolic, can you hear me in a language you understand?

THE ACCUSED: [Interpretation] I can.

JUDGE SCHOMBURG: Very well. Thank you. Madam Registrar, will you please call the case.

THE REGISTRAR: Yes, Your Honour. This is the case number IT-02-56-PT, the Prosecutor of the Tribunal against Momir Nikolic.

JUDGE SCHOMBURG: Thank you. Let me turn to the Prosecution at this point. Mr. McCloskey, can we have the appearances, please.

MR. McCLOSKEY: Yes, Your Honour. Good afternoon. Good afternoon, Counsel. My name is Peter McCloskey for the Prosecutor, and I am joined today by Melissa Epstein and Dan Moylan, and Janet Stewart is the case manager.

JUDGE SCHOMBURG: Thank you. And for the Defence? ²

MR. KIRSCH: [Microphone not activated]

THE INTERPRETER: Microphone, please.

MR. KIRSCH: Sorry. Again, my name is Stefan Kirsch, from Frankfurt, and I'm representing Mr. Nikolic.

JUDGE SCHOMBURG: Mr. Kirsch, did you receive the necessary documents in preparation of this Initial Appearance?

MR. KIRSCH: I received the indictment yesterday evening, and I read it and spoke to my client this morning.

JUDGE SCHOMBURG: Thank you. At this point, let me turn to Mr. Nikolic who is appearing today on the basis of the indictment in its final version of 26 March 2002. He was arrested the 1st of April and brought to The Hague yesterday and is since then in the United Nations Detention Unit in Scheveningen. Mr. Nikolic, would you please stand up.

I should like first of all to ask you several questions. The first questions are only for the purpose of identification. Would you please state your full name, including all first names and nicknames, for the record.

THE ACCUSED: [Interpretation] My name is Momir Nikolic. I have no special nicknames.

JUDGE SCHOMBURG: And your father's and mother's name, please.

THE ACCUSED: [Interpretation] My father's name is Vaso Nikolic. My mother's name is Milenija Nikolic.

JUDGE SCHOMBURG: Thank you. What is the date and place of birth? ³

THE ACCUSED: [Interpretation] I was born on the 20th of February, 1955, in Bratunac in Republika Srpska, or rather, Bosnia and Herzegovina.

JUDGE SCHOMBURG: What was your profession or occupation before you came here?

THE ACCUSED: [Interpretation] I am a teacher of political science. I graduated in Sarajevo, and for a time I worked as a teacher. After that, I was employed in the administration of the municipality. That is it in brief. So I am a professor of political sciences, in fact, of defence.

JUDGE SCHOMBURG: Thank you. And your place of last residence, please?

THE ACCUSED: [Interpretation] My first and last place of residence is the municipality of Bratunac, where I was born. I was born in Bratunac, I lived there, I went to school there and remained there until the day of my arrest. I never left Bratunac except during my studies in Sarajevo.

JUDGE SCHOMBURG: The last questions: Are you married and do you have children?

THE ACCUSED: [Interpretation] Yes, I am married, and I do have children. My wife is a teacher of literature. I have two sons. One of them is studying in Belgrade, mechanical engineering. The other one is 12 years old. And also I have a 70-year-old mother living with me.

JUDGE SCHOMBURG: Thank you, Mr. Nikolic. The proceedings today are your initial appearance before the Tribunal. It seems to be a formality only, but it is a very important point of time, setting, to a ⁴ certain extent, the course for the entire procedure.

The underlying reasons for this procedure is the following: The Prosecution has asked the Trial Chamber to confirm an indictment against you on a prima facie basis. At the same time, there was a request for an arrest warrant forming the basis for your deprivation of liberty. Normally the other party in this case - you, Mr. Nikolic - would have a right to be informed and heard before a decision is taken. It is in the nature of the aforementioned decisions that it was not possible to hear you beforehand. This will be cured now. You will have the possibility to contest both the indictment and the deprivation of liberty. For a better understanding of what is going on, let us inform you on the proceedings. For the purposes of clarity, I will ask now Madam Registrar to remind us of the statutory provisions granting you certain rights. You may be seated for the time being. And, Madam Registrar, will you please be so kind and read Article 20 and 21 of the Statute and Rule 62 of the Rules of Procedure and Evidence.

THE REGISTRAR: Yes, Your Honour. "Article 20, Commencement and conduct of trial proceedings: 1. The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses. 2. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, ⁵ be taken into custody, immediately informed of the charges against him and transferred to the International Tribunal.

3. The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial.

4. The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence."

"Article 21, Rights of the accused: 1. All persons shall be equal before the International Tribunal. 2. In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute.

3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

4. In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:

(a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) to be tried without undue delay;

(d) to be tried in his presence, and to defend himself in person ⁶ or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) to have the free assistance of an interpreter if he cannot understand or speak the language used in the International Tribunal; (g) not to be compelled to testify against himself or to confess guilt."

"Rule 62, Initial Appearance of Accused: Upon transfer of an accused to the seat of the Tribunal, the President shall forthwith assign the case to a Trial Chamber. The accused shall be brought before that Trial Chamber or a permanent Judge thereof without delay, and shall be formally charged. The Trial Chamber or the Judge shall:

(i) satisfy itself, himself or herself that the right of the accused to counsel is respected;

(ii) read or have the indictment read to the accused in a language the accused speaks and understands, and satisfy itself, himself or herself that the accused understands the indictment;

(iii) inform the accused that, within thirty days of the initial appearance, he or she will be called upon to enter a plea of guilty or not ⁷ guilty on each count but that, should the accused so request, he or she may immediately enter a plea of guilty or not guilty on one or more count; (iv) if the accused fails to enter a plea at the initial or any further appearance, enter a plea of not guilty on the accused's behalf; (v) in case of a plea of not guilty, instruct the Registrar to set a date for trial;

(vi) in case of a plea of guilty: (a) if before the Trial Chamber, act in accordance with Rule 62 bis, or

(b) if before a Judge, refer the plea to the Trial Chamber so that it may act in accordance with Rule 62 bis;

(vii) instruct the Registrar to set such other dates as appropriate."

JUDGE SCHOMBURG: Thank you, Madam Registrar. I want just to summarise, Mr. Nikolic, to be quite clear. You understood that it is your right to remain silent. No inference to your disadvantage can be drawn if you remain totally silent. The only inference that can be drawn is ruled in -- you can find in Rule 62, where you can read if the accused fails to enter a plea at the initial appearance, the Judge shall enter a plea of not guilty on the accused's behalf. But I have to warn you at the same time that everything you say -- you may say in the courtroom may be used against you in evidence. But it is only fair to tell you also the other side of the coin. It is a general rule in all courtrooms of this globe that any kind of cooperation will be for your advantage. In case it will not come to a ⁸ sentencing stage, it will be in your interest to speed up the proceedings. In case - and I emphasise - only in case it would come to a sentencing stage, such kind of cooperation will always be held in your favour. And it's for you to discuss this issue in depth with your Defence counsel, balancing all these interests.

Mr. Nikolic, did you understand this admonition?

THE ACCUSED: [Interpretation] Yes. Yes, I do understand.

JUDGE SCHOMBURG: Thank you. Then let's now hear the charges of the indictment of March 26.

You may be seated, please.

THE REGISTRAR: The International Criminal Tribunal for the former Yugoslavia. Case number IT-02-56-I. The Prosecutor of the Tribunal against Momir Nikolic.

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:

Momir Nikolic with genocide or complicity in genocide; murder, persecutions, forcible transfer and inhumane acts as crimes against humanity; and murder as a violation of the laws or customs of war, as set forth herein:

The accused: Momir Nikolic, son of Vaso, was born on 20 February 1955 in Bratunac. After finishing school for civil engineering, he attended the Faculty for Political Affairs in Sarajevo. By profession, Momir Nikolic ⁹ is a teacher. He was mobilised into the army on 18 April 1992, at which time he was stationed at the Headquarters of the Territorial Defence as the Assistant Commander for Intelligence. In July 1995, he was assigned to the VRS 1st Light Infantry Brigade in Bratunac (Bratunac Brigade), where he held the rank of Captain First Class and served as the Assistant Commander for Security and Intelligence. His brigade, which was responsible for the security of territory opposite the northern, eastern, and southern boundaries of the Srebrenica enclave, directly participated in the actual capture of the Srebrenica enclave.

Superior authority/position of the accused: During the VRS attack on the Srebrenica enclave and the subsequent killings and executions of Bosnian Muslim men, Momir Nikolic was a Captain First Class and served as the Assistant Commander (Chief) for Security and Intelligence of the Bratunac Brigade. He was present in the Bratunac Brigade zone of responsibility during the attack on the Srebrenica enclave from 4 July 1995 to 1 November 1995.

As Assistant Commander for Security and Intelligence, Momir Nikolic's responsibilities, under the security aspect of his position, were to monitor enemy activities within and against Bratunac Brigade units and to propose measures to the brigade commander to counter security threats posed by the enemy. This included identifying traitors or other security threats inside Bratunac Brigade units, as well as dealing with enemy threats from outside, such as sabotage, surveillance, and intervention activities of the enemy. He was also responsible for managing the Bratunac Brigade Military Police Company and proposing ways ¹⁰ to utilise members of the Company. He was also responsible, in general, for coordinating with the bodies of the MUP in the brigade zone of responsibility. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, by virtue of the authority vested in him by his commander, Vidoje Blagojevic, and as defined by the Yugoslav People's Army, (JNA), regulations adopted by the VRS, Momir Nikolic had responsibility for dealing with captured Bosnian Muslim prisoners from Srebrenica from 11 July 1995 until at least 1 November 1995. General allegations:

At all times relevant to this indictment, a state of armed conflict existed in the Republic of Bosnia and Herzegovina. At all relevant times, the accused was required to abide by the laws and customs governing the conduct of war.

All acts and omissions charged as crimes against humanity were part of a widespread or systematic attack directed against the Bosnian Muslim civilian population of Srebrenica and its surroundings. Factual background:

On 12 May 1992, Momcilo Krajisnik, President of the RS National Assembly, executed the following "Decision of Strategic Objectives of the Serbian People in Bosnia and Herzegovina"; this Decision was published in the Official Gazette of the Republika Srpska on 26 November 1993: "The strategic objectives or priorities of the Serbian people in Bosnia and Herzegovina are to:

1. Establish state borders separating the Serbian people from the other two ethnic communities. ¹¹ 2. Set up a corridor between Semberija and Krajina.

3. Establish a corridor in the Drina river valley, that is, eliminate the Drina as border separating Serbia States. 4. Establish a border on the Una and Neretva Rivers.

5. Divide the city of Sarajevo into Serbia and Bosnian Muslim parts and establish effective State authorities in both parts. 6. Ensure access to the sea for Republika Srpska."

After armed conflict erupted in the Republic of Bosnia and Herzegovina, in the spring of 1992, Bosnian Serb military and paramilitary forces attacked and occupied cities, towns, and villages, including Zvornik in the eastern part of the country and participated in ethnic cleansing campaign which resulted in an exodus of Bosnian Muslim civilians to enclaves in Srebrenica, Gorazde, and Zepa.

On 19 November 1992, General Ratko Mladic, the Commander of the VRS Main Staff, issued Operational Directive 04. This Directive, in part, ordered the Drina Corps to "... inflict the heaviest possible losses on the enemy, and force him to leave the Birac, Zepa, and Gorazde areas together with the Bosnian Muslim population. First, offer the able-bodied and armed men to surrender, and if they refuse, destroy them." On 16 April 1993, the Security Council of the United Nations, acting pursuant to Chapter VII of its chapter, adopted Resolution 819, in which it demanded that all parties to the conflict in the Republic of Bosnia and Herzegovina treat Srebrenica and its surroundings as a "safe area" which was to be free from any armed attack or any other hostile act. ¹² On 4 July 1994, Lieutenant Colonel Slavko Ognjenovic, then Commander of the Bratunac Brigade, issued a report to all members of the Bratunac Brigade, stating in relevant part: "We must continue to arm, train, discipline, and prepare the RS Army for the execution of this crucial task -- the expulsion of Muslims from the Srebrenica enclave. There will be no retreat when it comes to the Srebrenica enclave. We must advance. The enemy's life has to be made unbearable and their temporary stay in the enclave impossible so that they leave the enclave en masse as soon as possible, realising that they cannot survive there." On 8 March 1995, the Supreme Command of the armed forces of the Republika Srpska issued Operational Directive 07. In this Directive, Republika Srpska President Radovan Karadzic directed the VRS (specifically the VRS Drina Corps) to "... complete the physical separation of the Srebrenica and Zepa enclaves as soon as possible, preventing even communication between individuals between the two enclaves. By planned and well-thought-out combat operations, create an unbearable situation of total insecurity, with no hope of further survival or life for the inhabitants of Srebrenica or Zepa."

On 2 July 1995, in the Drina Corps operational order for the attack on the Srebrenica enclave, General Milenko Zivanovic ordered that the attack of the enclave should result in "reducing the enclave to its urban area." The size of the enclave on 2 July 1995 was approximately 58 square kilometres and the urban area of the enclave was about 2 square kilometres. Large numbers of the Bosnian Muslim population of the enclave lived outside the urban area of Srebrenica prior to 2 July 1995. ¹³ On or about 6 July 1995, units of the Drina Corps shelled Srebrenica and attacked Dutch-manned United Nations observation posts which were located in the enclave. The Drina Corps attack on the Srebrenica enclave, including the shelling, continued through 11 July 1995, when forces from the Zvornik Brigade's Drina Wolves, the Bratunac Brigade, and 10th Sabotage Detachment and other units of the VRS entered Srebrenica.

In the several days following this attack on Srebrenica, VRS forces captured, detained, summarily executed, and buried over 7.000 Bosnian Muslim men and boys from the Srebrenica enclave, and forcibly transferred the Bosnian Muslim women and children of Srebrenica out of the enclave. The details of these events and the role of each accused therein are presented in the paragraphs below.

Individual criminal responsibility: Direct criminal responsibility:

Pursuant to Article 7(1) of the Statute of the Tribunal, Momir Nikolic is individually responsible for genocide or complicity in genocide, crime against humanity (murder, persecutions, forcible transfer, and inhumane acts), and murder as a violation of the laws or customs of war. Momir Nikolic committed, planned, instigated, ordered, and otherwise aided and abetted in the planning, preparation, and execution of these charged crimes. By using the word "committed" in this indictment, the Prosecutor does not intend to suggest that the accused necessarily physically and personally perpetrated any of the crimes charged. "Committing" the crimes can be established by virtue of participation in ¹⁴ the joint criminal enterprise.

Joint criminal enterprise: Momir Nikolic, together with other VRS and MUP officers and units as identified in this indictment, was a member 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 July and 13 July 1995; and to capture, detain, and summarily execute by firing squad, bury, and rebury thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until and about 19 July 1995. The last known primary burial of Srebrenica victims occurred on or about 19 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 the group of Bosnian Muslims in Potocari on 12 and 13 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 of July through about 19 July 1995. Most of these men and boys from the column were captured along the Bratunac-Milici road on 13 July, 1995. While the joint criminal enterprise contemplated organised and systematic executions, it was foreseeable to Momir Nikolic that opportunistic criminal acts, such as those described in this 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 of July 1995 to about 1 November 1995. The implementation of this joint criminal enterprise ¹⁵ resulted in the summary execution of over 7.000 Bosnian Muslim men and boys from the Srebrenica enclave.

Momir Nikolic possessed the criminal intent and state of mind required to commit individual crimes charged in the indictment, and his acts significantly assisted and facilitated the commission of the crimes. The participation of the accused in the joint criminal enterprise and the specific acts and responsibilities described in this indictment satisfy the elements required for a finding that, pursuant to the meaning of Article 7(1) of the Statute of the Tribunal, Momir Nikolic "committed," "planned," "instigated," "ordered" and otherwise "aided and abetted" genocide, crimes against humanity (including murder, persecutions, forcible transfer, and inhumane acts), and murder as a violation of the laws or customs of war. These specific acts and responsibilities of Momir Nikolic pursuant to this joint criminal enterprise are described in the indictment in paragraphs 17, 22, 25 to 27, 29, and 30 to 36. The joint criminal enterprise of which Momir Nikolic was a member and a key participant, was 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 indictment.

Members of this joint criminal enterprise included: 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; Colonel Vidoje ¹⁶ Blagojevic, Commander of the Bratunac Brigade; Colonel Vinko Pandurevic, Commander of the Zvornik Brigade; Lieutenant Colonel Dragan Obrenovic, Deputy Commander and Chief of Staff of the Zvornik Brigade; Momir Nikolic, Assistant Commander for Security and Intelligence of the 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 Milici Municipal Police, elements of the Zvornik Municipal Police.

As Assistant Commander (Chief) for Security and Intelligence of the Bratunac Brigade, Momir Nikolic was directly subordinate to Colonel Vidoje Blagojevic, Commander of the Bratunac Brigade, who in turn was directly subordinate to General Radislav Krstic, Commander of the Drina Corps. A detailed summary of the military stricture of the VRS is affixed to this indictment as Annex A.

On 11 July 1995, four units of the Ministry of the Interior (MUP) were placed under the command of the VRS.

These allegations concerning individual criminal responsibility, including those cited in the joint criminal enterprise paragraphs are ¹⁷ re-alleged and incorporated into each of the charges set forth below. Charges: Counts 1A to 1B: (Genocide), (Complicity to Commit Genocide).

By his acts and omissions described in the paragraphs below, Momir Nikolic committed:

Count 1A: Genocide, punishable under Articles 4(3)(a) and 7(1) of the Statute of the Tribunal;

Or, in the alternative, Count 1B: Complicity to commit genocide, punishable under Articles 4(3)(e) and 7(1) of the Statute of the Tribunal. Between 11 July 1995 and 1 November 1999, Momir Nikolic, with intent to destroy a part of Bosnian Muslim people as a national, ethnical or religious group:

(a) killed members of the group by summary execution as described in paragraphs 17, 22, 25 to 27, 29, and 30 to 36; and, (b) caused serious bodily or mental harm to members of the group. Immediately after the fall of Srebrenica on 11 July 1995, senior VRS officers including Ratko Mladic and Radislav Krstic surveyed the town. At this time, Ratko Mladic announced that "the moment has finally come for us to take revenge upon the Turks here."

Thousands of Bosnian Muslims from the enclave, including women, children, and some men, fled to the UN compound in Potocari on 11 July 1995, where they sought the protection of the Dutch Battalion. Meanwhile, approximately 15.000 Bosnian Muslim men from the enclave, with some women and children, gathered at the villages of Susnjari and Jaglici during the ¹⁸ evening of 11 July 1995 and fled, in a huge column, through the woods towards Tuzla. Approximately one-third of this group consisted of armed Bosnian Muslim military personnel. The rest were civilians and unarmed military personnel.

On the evening of 11 July and the morning of 12 July, Ratko Mladic and other VRS officers convened three critical meetings at the Hotel Fontana in Bratunac concerning the fate of the refugees who had fled to Potocari. At the first meeting, held at approximately 2000 hours on 11 July, Ratko Mladic met with other members of the VRS, including Momir Nikolic, and with the DutchBat command. At the first meeting, Ratko Mladic intimidated and threatened the DutchBat commander. The second meeting was convened by Ratko Mladic, Radislav Krstic, Momir Nikolic, and other members of the VRS at approximately 2300 hours on 11 July, and was attended by members of the DutchBat command and representatives of the Bosnian Muslim refugees in Potocari. At this second meeting, Ratko Mladic warned the Bosnian Muslim representatives that their people could either "survive or disappear." At the third meeting, convened at about 1000 hours on 12 July 1995 by Ratko Mladic, Radislav Krstic, and other VRS and Bosnian Serb civilian representatives, and attended by DutchBat officers and representatives of the Bosnian Muslim refugees, Ratko Mladic explained that he would supervise the "evacuation" of refugees from Potocari and that he wanted to see all military-aged Bosnian Muslim men so that they could be screened as possible war criminals. During the meetings at the Hotel Fontana from the evening of 11 July to the early morning of 12 July 1995, the plan to transport the civilian refugee population from Potocari ¹⁹ was developed. By his presence in these meetings and his subsequent actions in Potocari, Momir Nikolic took part in the planning and implementation of the forcible transfer of civilians from Potocari. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic was responsible for the handling of prisoners in Potocari. The Bosnian Muslim refugee population remained in and around Potocari from 11 July until 13 July 1995, during which time they were terrorised by members of the VRS and the MUP. The separations of men took place in the presence of Momir Nikolic. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic shared responsibility with other members of the joint criminal enterprise for the separations of men and transportation of the Bosnian Muslim civilian population in Potocari.

On or about 12 July 1995, in the presence of Ratko Mladic, Radislav Krstic, Momir Nikolic, and others, 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 the Bosnian Muslim women, children, and men started to board the buses and trucks, VRS and/or MUP soldiers 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. Momir Nikolic was present and on duty in Potocari during this period, and he participated in the separation and ²⁰ transportation of the Bosnian Muslim population.

Beginning around 12 July 1995 and continuing throughout the period of organised executions, personal property and effects belonging to the Bosnian Muslim male prisoners, including their identification documents and valuables, were confiscated and destroyed by members of the VRS and the MUP. This confiscation and destruction of personal property and effects occurred while Momir Nikolic was present in Potocari at various points of capture and collection along the Bratunac-Milici road, and at various execution sites. In addition, the prisoners in Potocari and in Bratunac were not provided with food or medical treatment, nor with any meaningful rations of water, during their days in detention pending execution.

VRS and MUP officers and soldiers committed a number of opportunistic killings of the Bosnian Muslims in Potocari on 12 and 13 July 1995. Such opportunistic killings occurred as a natural and foreseeable consequence of the unfolding joint criminal enterprise. These Bosnian Muslims were taken prisoner in Potocari before being killed. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic supervised the handling of prisoners in Potocari and was responsible for the prisoners. Momir Nikolic was present and on duty in Potocari during this period, along with members of the Drina Corps, the Drina Wolves, and the Bratunac Brigade, the Zvornik Brigade, and the MUP. The opportunistic killings in Potocari resulted in the following: a) On 12 July, the bodies of nine Bosnian Muslim men who had been ²¹ shot were found in the woods near the UN compound and the Budak side of the main road.

b) 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.

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

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

Between 12 July and about 17 July 1995, approximately 6.000 Bosnian Muslim men from the column of men escaping the Srebrenica enclave were captured by, or surrendered to, VRS and MUP forces. Momir Nikolic was present along the Bratunac-Milici road on 13 July 1995 and was involved in the capture and detention of Bosnian Muslim prisoners in that area. Apart from those transported directly to execution sites, the prisoners captured from the column on 13 July 1995 were taken to the same temporary detention sites in and around Bratunac as those men separated from Potocari.

VRS and MUP officers and soldiers committed a number of opportunistic killings of Bosnian Muslim prisoners temporarily detained in Bratunac in schools, buildings, and vehicles parked along the road. Such opportunistic killings occurred as a natural and foreseeable consequence of the joint criminal enterprise. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority ²² vested in him by his commander, Momir Nikolic had responsibility for these Bosnian Muslim prisoners. These opportunistic killings occurred between 12 July and about 15 July 1995 in several different locations in Bratunac, namely:

a) On 12 July, beginning at approximately 2200 hours and continuing through 13 July, more than 50 Bosnian Muslim men were taken from the 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. 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 school were also summarily executed during the day of 13 July.

e) On the evening of 13 July, four young Bosnian Muslim males were taken from the area of Vuk Karadzic School and were summarily executed. 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.

Those Bosnian Muslim prisoners who survived their temporary ²³ detention in Bratunac were transported to the Zvornik area between 13 and 15 July 1995 for further detention and execution.

VRS and MUP forces participated in a planned and organised mass execution and burial of thousands of captured Bosnian Muslim men from the Srebrenica enclave. This joint criminal enterprise took place over a seven-day period from 12 July until about 19 July 1995. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic had a responsibility for all of the Bosnian Muslim prisoners captured or killed in the Bratunac Brigade zone, as well as for all those prisoners captured in the Bratunac Brigade zone and later transported with his knowledge to be executed in the Zvornik Brigade zone. Specifically, the military police and MUP forces under the direction of Momir Nikolic organised the detention and transportation of thousands of prisoners to execution sites around Zvornik, including Orahovac, Petkovci, Pilica, and Kozluk. This wide-scale organised killing of Bosnian Muslim men occurred in several different locations in and around Srebrenica, Bratunac, and Zvornik, and are as follows:

Potocari: On 12 July 1995, in between the Zinc Factory and "Alija's" house, VRS and/or MUP soldiers summarily executed by deportation approximately 80 to 100 Bosnian Muslim men. The bodies were then taken away on a truck. Momir Nikolic was present in Potocari not far from Alija's house on 12 July 1995.

Jadar River: At approximately 1100 hours on 13 July 1995, a small squad of soldiers consisting of at least one Bratunac police officer ²⁴^{BLANK PAGE} ³⁴ (Bratunac MUP), working with individuals and units of the VRS and/or MUP, 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 and summarily executed 15 of them. One individual was wounded and managed to escape. Cerska Valley: On 13 July 1995, in the early afternoon hours, VRS and/or MUP soldiers transported about 150 Bosnian Muslim men to an area along a dirt road in the Cerska Valley about three kilometres from Konjevic Polje, summarily executed them and, using heavy equipment, covered them with dirt.

Kravica Warehouse: On 13 July 1995, in the early evening hours, VRS and/or MUP soldiers summarily executed over 1.000 Bosnian Muslim men detained in a large warehouse in the village of Kravica. 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 two large mass graves located in nearby villages of Glogova and Ravnice.

Tisca: Throughout the day on 13 July 1995, VRS and/or MUP soldiers transported Bosnian Muslim women and children who had been separated from male members of their families in Potocari, to an area near Tisca village. VRS soldiers from the Vlasenica Brigade of the Drina Corps identified and separated some remaining Bosnian Muslim men and boys and some of the Bosnian Muslim women from this group at Tisca, while the rest of the group was forcibly transferred to Bosnian Muslim territory. Throughout the day on 13 July 1995, VRS soldiers forced the selected ³⁵ Bosnian Muslim men and women to walk to a nearby school, where they were abused and assaulted. On or about the evening of 13 July 1995 and the day of 14 July 1995, VRS and/or MUP soldiers 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.

Orahovac (near Lazete): In the late evening hours of 13 July and during the day of 14 July 1995, personnel from the Military Police Company of the Bratunac Brigade, working together with other individuals and united, transported hundreds of Bosnian Muslim males from in and around Bratunac to the Grbavci School in the village of Orahovac. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari. On 14 July 1995, VRS personnel including members of the Military Police Company of the Zvornik Brigade guarded and blindfolded the Bosnian Muslim males detained in the Grbavci School. In the early afternoon of 14 July 1995, VRS personnel transported these Bosnian Muslim males from the school at Grbavci to a nearby field, where personnel including members of the 4th Battalion of the Zvornik Brigade ordered the prisoners off the trucks and summarily executed them with automatic weapons. Approximately 1.000 Bosnian Muslim males were killed. On 14 and 15 July 1995, members of the Zvornik Brigade Engineering Company used heavy equipment to bury the victims in mass graves at the execution site, while the executions continued. On the evening of 14 July, lights from the engineering machinery illuminated the execution and burial sites during the executions.

The Petkovci School: On 14 July 1995, VRS and/or MUP personnel ³⁶ transported approximately 1.000 Bosnian Muslim males from detention sites in and around Bratunac to the school at Petkovci. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari. On 14 July and the early morning hours of 15 July 1995, VRS and/or MUP personnel struck, beat, assaulted and shot with automatic weapons Bosnian Muslim males being detained at the school.

The Dam near Petkovci: On or about the evening of 14 July 1995 and the early morning hours of 15 July 1995, VRS personnel from the Zvornik Brigade including drivers and trucks from the 6th Infantry Brigade and the Zvornik Brigade transported the surviving members of the group of approximately 1.000 Bosnian Muslim males from the school at Petkovci to an area below the dam near Petkovci. They were assembled below the dam and summarily executed by VRS and MUP soldiers with automatic weapons. In the morning of 15 July 1995, VRS personnel from the Engineering Company of the Zvornik Brigade, working together with other individuals and units, used excavators and other heavy equipment to bury the victims while the executions continued.

Pilica School: On or about 14 and 15 July 1995, VRS and/or MUP personnel transported approximately 1200 Bosnian Muslim males from detention sites in Bratunac to the school at Plica. These Bosnian Muslim men had been captured from the column of men retreating from the Srebrenica enclave or separated in Potocari. On or about 14 and 15 July 1995, VRS military personnel with automatic weapons summarily executed many of the Bosnian Muslim males who had arrived, or were being detained, ³⁷ at the school. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade 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 buried the victims of the Pilica School executions in a mass grave at the Branjevo Military Farm.

Branjevo Military Farm: On the morning of 16 July 1995, VRS personnel 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 of men retreating from Srebrenica enclave or separated in Potocari. After the Bosnian Muslim males arrived at the Branjevo Military Farm, they were summarily executed by automatic weapon fire from members of 10th Sabotage Detachment and the Bratunac Brigade, working together with other individuals and units. On 17 July 1995, VRS personnel from the Engineering Company of the Zvornik Brigade, working together with other individuals and units, buried hundreds of victims in a nearby mass grave. Pilica Cultural Centre: On 16 July 1995, VRS personnel from the Bratunac Brigade travelled a short distance to the village of Pilica and worked with other VRS and/or MUP personnel to summarily execute, with automatic weapons, approximately 500 men inside the Pilica Cultural Centre. These Bosnian Muslim men had been captured from the column of men retreating from Srebrenica enclave or separated in Potocari. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade retrieved the bodies of the victims from the Pilica Cultural Centre and ³⁸ transported them to the Branjevo Military Farm. On 17 July 1995, the Engineering Company of the Zvornik Brigade buried the victims of Pilica School executions in a mass grave at the Branjevo Military Farm. Kozluk: On or before 16 July 1995, VRS and/or MUP soldiers, working together with other individuals and units, 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 Srebrenica enclave or separated in Potocari. On 16 July 1995, VRS soldiers from the Engineering Company of the Zvornik Brigade, working together with other individuals and units, buried the victims of the executions in a mass grave nearby.

As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic had responsibility for all of the Bosnian Muslim prisoners captured or killed in the Bratunac Brigade zone, as well as all prisoners captured in the Bratunac Brigade zone and later transported with his knowledge to be executed in the Zvornik Brigade zone. For instance, on 14 and 15 July 1995, Momir Nikolic coordinated with the Bratunac Brigade Military Police Company regarding issues relating to transportation, detention, and execution of prisoners. During and after the campaign of organised executions, the opportunistic killing of captured Bosnian Muslim men from the Srebrenica enclave by VRS and MUP personnel continued to occur through about 1 November 1995. These opportunistic killings, which were a natural and ³⁹ foreseeable consequence of the joint criminal enterprise, occurred in the zones of the responsibility of both of -- both the Bratunac Brigade and the Zvornik Brigade. As Assistant Commander for Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic had responsibility for all the Bosnian Muslim prisoners captured or killed in the Bratunac Brigade zone, as well as all prisoners captured in the Bratunac Brigade zone and later transported with his knowledge to be executed in the Zvornik Brigade zone. Such opportunistic killings are as follows:

Bratunac Brigade Zone: Nova Kasaba: At sometime from 13 July through 27 July 1995, VRS and/or MUP personnel captured or executed 33 Bosnian Muslim men from the column fleeing 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.

Konjevic Polje: At sometime from 13 July through 27 July 1995, VRS and/or MUP soldiers captured two Bosnian Muslim men from the column, placed them in a pit near the village of Konjevic Polje, and summarily executed and buried them.

Glogova: At sometime from 17 July through 27 July 1995, VRS and/or MUP soldiers captured 12 Bosnian Muslim men from the column, 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. ⁴⁰ Kravica Market: During the night between 13 July and 14 July near a supermarket in Kravica, a VRS or MUP soldier placed his rifle barrel into the mouth of a Bosnian Muslim prisoner and summarily executed the man. Also during this period, VRS and/or MUP soldiers struck, beat with riffle butts, and summarily executed Bosnian Muslim prisoners who were detained on trucks near the supermarket. All of these prisoners had been captured from the column of men retreating from the Srebrenica enclave or separated at Potocari.

Bratunac Brigade: At sometime from 12 July through 1 November 1995, six Bosnian Muslim men from Srebrenica were captured by MUP forces, turned over to and interrogated by security personnel from the Bratunac Brigade under the command and control of Momir Nikolic, and thereafter summarily executed by unknown persons. One of these persons (Resid Sinanovic) was captured by a MUP soldiers from the Republika Srpska (RS) and turned over personally to Momir Nikolic before being executed. The identification details for these six Bosnian Muslim men are as follows. (a) Zazif Avdic, son of Ramo, date of birth: 15 September 1954. (b) Munib Dedic, son of Emin, date of birth: 26 April 1956. (c) Aziz Husic, son of Osman, date of birth: 08 April 1966. (d) Resid Sinanovic, son of Rahman, date of birth: 15 October 1949.

(e) Mujo Husic, son of Osman, date of birth: 27 August 1961. (f) Hasib Ibisevic, son of Ibrahim, date of birth: 17 February 1964.

Zvornik Brigade Zone: ⁴¹ Nezuk: On 19 July 1995, VRS personnel from the 16th Brigade of the 1st Krajina Corps, re-subordinated to the command of the Zvornik Brigade, captured approximately 10 Bosnian Muslim males from the column and with automatic weapons, summarily executed them at a place near Nezuk.

Zvornik Brigade: On or about 19 July 1995, the following four Bosnian Muslim men were captured from the column of VRS and/or MUP forces in the Zvornik Brigade zone of responsibility and turned over to Zvornik Brigade Security personnel:

(a) Sakib Kiviric, son of Salko, date of birth: 24 June 1964. (b) Emin Mustafic, son of Rifet, date of birth: 7 October 1969. (c) Fuad Djozic, son of Senusija, date of birth: 2 May 1965. (d) Almir Halilovic, son of Suljo, date of birth: 25 August 1980. On or about 22 July 1995, these men were interrogated by Zvornik Brigade personnel and were summarily executed sometime thereafter by unknown persons working together with the Zvornik Brigade Security personnel.

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 the him-held territory. Mr. Salihovic was interrogated by personnel from the Zvornik Brigade and was summarily executed sometime thereafter by unknown persons. From about 18 July through about 1 November, additional members of the Bosnian Muslim column were captured or killed in the Bratunac and Zvornik Brigade zone by VRS and MUP forces. As Assistant Commander for ⁴² Security and Intelligence of the Bratunac Brigade, and by virtue of the authority vested in him by his commander, Momir Nikolic had responsibility of all of the Bosnian Muslim prisoners captured or killed in the Bratunac Brigade zone, as well as all prisoners captured in the Bratunac Brigade zone and late every transported with his knowledge to be executed in the Zvornik Brigade zone.

From about 1 August 1995 through about 1 November 1995, VRS and MUP personnel participated in an organised and 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 Cancari rode (containing bodies from Branjevo Military Farm and Kozluk); four sites near Liplje (containing bodies from the Dam near Petkovci) seven sites from 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. On 16 October 1995, Momir Nikolic was involved in the exhumation and reburial of the execution victims.

The conduct of Momir Nikolic met the requisite four elements of genocide, namely that:

a) The accused killed one or more persons; b) Such persons belonged to a particular national, ethnical, ⁴³ racial, or religious group;

c) The accused intended to kill the persons; and d) The accused killed the persons in furtherance of the intent to destroy, in whole or in part, that national, ethnical, racial, or religious group, as such.

Or, In the alternative, the conduct of Momir Nikolic met the requisite three elements of complicity in genocide, namely that: a) The accused was an accomplice in the commission of a crime; b) The crime was committed; and

c) The accused knew that the crime was being committed in furtherance of the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such.

And, Count (Extermination)

By his acts and omissions described in the preceding paragraphs, Momir Nikolic committed:

Count 2: Extermination, a crime against humanity, punishable under Article 5(b) and 7(1) of the Statute of the Tribunal. The conduct of Momir Nikolic met the requisite four elements of extermination as a crime against humanity, namely that: a) There was an armed conflict;

b) In a manner relating to a widespread or systematic attack directed against a civilian population, an act or omission of the accused or a subordinate caused the death of the victim; ⁴⁴ c) The act or omission was unlawful and intentional, reckless, or grossly negligent; and

d) The accused had knowledge of the wider context in which his conduct occurred.

Count 3-(Murder) By his acts and omissions described in the preceding paragraphs, Momir Nikolic committed:

Count 3: Murder, a crime against humanity, punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal. The conduct of Momir Nikolic met the requisite four elements of murder as a crime against humanity, namely that:

a) There was an armed conflict; b) In a manner related to a widespread or systematic attack directed against a civilian population, the accused caused the death of one or more persons;

c) By such conduct, the accused intended to kill or to inflict serious injury in reckless disregard of human life; and d) The accused had knowledge of the wider context in which his conduct occurred.

And, Count 4: Murder, a violation of the laws or customs of war, punishable under Articles 3 and 7(1) of the Statute of the Tribunal. The conduct of Momir Nikolic met the requisite four elements of murder as a violation of laws or customs of war, namely that: a) There was a nexus between the murder and an armed conflict; ⁴⁵ b) The conduct of the accused caused the death of one or more persons;

c) By such conduct, the accused intended to kill or to inflict serious injury in reckless disregard of human life; and d) The victim or victims were persons taking no active part in the hostilities.

And, Count (Persecutions)

By his acts and omissions alleged in the preceding paragraphs, Momir Nikolic committed:

Count 5: Persecutions on political, racial and religious grounds, a crime against humanity, including murder, cruel and inhumane treatment, terrorising the civilian population, destruction of personal property, and forcible transfer, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.

The conduct of Momir Nikolic met the requisite four elements of persecutions as a crime against humanity, namely that: a) There was an armed conflict;

b) In a manner related to a widespread or systematic attack directed against a civilian population, the accused committed acts or omissions against a victim or victim population violating a basic or fundamental human right;

c) The accused's conduct was committed on political, racial, or religious grounds and was committed with the requisite discriminatory intent; and ⁴⁶ d) The accused had knowledge of the wider context in which his conduct occurred.

As described in this indictment, the crime of persecutions was perpetrated, executed, and carried out by and through the following means:

a) The murder of thousands of Bosnian Muslim civilians, including men, women, children, and elderly persons;

b) The cruel and inhumane treatment of Bosnian Muslim civilians, including severe beatings at Potocari and in detention facilities in Bratunac and Zvornik;

c) The terrorising of Bosnian Muslim civilians in Srebrenica and Potocari;

d) The destruction of personal property and effects belonging to the Bosnian Muslims; and

e) The forcible transfer of Bosnian Muslims from the Srebrenica enclave.

And, Count 6: (Forcible Transfer)

By his acts and omissions described in the presiding paragraphs, Momir Nikolic committed:

Count 6: Inhumane acts (Forcible Transfer), a crime against humanity, punishable under Articles 5(i) and 7(1) of the Statute of the Tribunal.

Dated this 26th day of March 2002. The Hague, The Netherlands.

JUDGE SCHOMBURG: Thank you very much, Madam Registrar. Before we ⁴⁷ turn now to the question from Mr. Nikolic whether or not he wants to enter a plea today, we will have a break and we will continue at twenty minutes to five. Thank you.

--- Recess taken at 4.18 p.m.

--- On resuming at 4.40 p.m.

JUDGE SCHOMBURG: Mr. Nikolic, have you understood the context of the indictment?

THE ACCUSED: [Interpretation] Yes, I have.

JUDGE SCHOMBURG: Have you had the opportunity to discuss the charges with your Defence counsel?

THE ACCUSED: [Interpretation] Yes, this morning.

JUDGE SCHOMBURG: Mr. Nikolic, are you ready to enter a plea to the charges? Are you able to tell us whether you plead guilty or not guilty to each of the counts, or would you prefer to do so within 30 days?

THE ACCUSED: [Interpretation] I am ready to enter a plea today regarding the counts of the indictment.

JUDGE SCHOMBURG: Thank you. Then we have to start with count 1A, genocide, punishable under Articles 4(3)(a) and 7(1) of the Statute of the Tribunal.

THE ACCUSED: [Interpretation] You want me to enter my plea now?

JUDGE SCHOMBURG: Please.

THE ACCUSED: [Interpretation] Your Honour, I plead not guilty to this count of the indictment.

JUDGE SCHOMBURG: Or in the alternative, count 1B, complicity to commit genocide, punishable under Articles 4(3)(e) and 7(1) of the Statute ⁴⁸ of the Tribunal.