WELCOME TO IWPR’S ICTY TRIBUNAL UPDATE No. 616, September 18, 2009

COURTSIDE:

HARTMANN TO APPEAL CONTEMPT CONVICTION  Leading media freedom group says 
judgement undermines credibility of international criminal justice.  By Rory 
Gallivan in London

UN OFFICIAL CASTS DOUBT ON INDISCRIMINATE SHELLING CLAIMS  Former special envoy 
observed following artillery attack that damage to town of Knin was 
“unexpectedly minor”.  By Goran Jungvirth in Zagreb

PANDUREVIC DEFENCE CALLS FOR ACQUITTAL  Former Bosnian Serb army commander's 
lawyer said prosecutors failed to prove case against his client.  By Velma 
Saric in Sarajevo

STANISIC-ZUPLJANIN TRIAL BEGINS  Prosecutors say ex-police chiefs were 
responsible for atrocities committed against non-Serbs in Bosnia.  By Velma 
Saric in Sarajevo

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HARTMANN TO APPEAL CONTEMPT CONVICTION

Leading media freedom group says judgement undermines credibility of 
international criminal justice.

By Rory Gallivan in London

An ex-spokesperson for the prosecutor of the International Criminal Tribunal 
for the former Yugoslavia, ICTY, is to appeal after being convicted of contempt 
of court for disclosing confidential information.

Florence Hartmann, who served as the spokesperson to former tribunal prosecutor 
Carla Del Ponte from 2000 to 2006, was fined 7,000 euro for revealing, in 
knowing violation of a court order, the details of two appeals chamber 
decisions made in the case against former Serbian president Slobodan Milosevic. 
The prosecution had called for a fine of between 7,000 and 15,000 euro.

“We will appeal this matter and are in the throes of doing so,” Hartmann’s 
lawyer Karim Khan told IWPR the day after the judgement was passed. The defence 
team has 15 days from the date of the decision to file an appeal.

The information Hartmann revealed related to orders by Hague judges to suppress 
parts of certain Serbian military documents that Belgrade had provided for use 
in the case against Milosevic. The former president’s case ended without a 
verdict when the accused died of a heart attack in 2006.

The documents are thought to include minutes of meetings of Serbia’s Supreme 
Defence Council, SDC, held during the Balkans wars of the Nineties. These 
minutes are widely believed to contain crucial information about Belgrade’s 
involvement in these wars, and victims’ groups, lawyers and the media have all 
criticised the decision not to make them public.

Hartmann, a former journalist who covered the war in Bosnia for French 
newspaper Le Monde, discussed confidential aspects of the court’s handling of 
these documents in a book entitled Peace and Punishment (Paix et Chatiment), 
published in September 2007, and in an article published on the Bosnian 
Institute website on January 21, 2008.

In the article, which remains on the Bosnian Institute website, Hartmann argued 
that the suppressed documents might have supported the Bosnian government’s 
genocide case against Serbia at the International Court of Justice, ICJ, which 
concluded in February 2007.

While ICJ judges found Serbia guilty of failing to prevent the genocide 
committed against Bosniaks in Srebrenica in 1995 and to punish the 
perpetrators, they ruled that Serbia was not directly responsible for this 
crime.

Hartmann said in her article that Serbia requested that protective measures be 
applied to the documents, invoking a Hague tribunal rule which allows for such 
material to be kept secret if its disclosure could “prejudice national security 
interests”.

According to her report, tribunal judges agreed to Serbia’s request to grant 
confidential status to parts of the documents, finding that the state’s “vital 
national interest” in not damaging its position in Bosnia’s case before the ICJ 
could be admitted as a “national security interest”, thus allowing protective 
measures to be granted under the rule.

When reading out the summary of the judgement against Hartmann this week, 
presiding judge Bakone Moloto said her conduct could deter states from 
submitting evidence to the tribunal in future.

“This, in turn, necessarily impacts upon the tribunal’s ability to exercise its 
jurisdiction to prosecute and punish serious violations of humanitarian law as 
prescribed by its mandate,” he said.

During the trial, Hartmann’s defence argued that the confidential information 
she included in her article and book was already widely known. It cited 
articles published in US newspapers The New York Times and The International 
Herald Tribune, as well as on this website of the UK-based Institute for War 
and Peace Reporting, IWPR, which it said had displayed information about the 
ICTY decisions. 

But judges said that while they considered the fact that some of the 
information revealed by Hartmann had already been in the public domain, they 
ruled that this did not negate Hartmann’s actions. They also noted that not all 
of the information contained in her book and article had been publicly known at 
the times of publication.

Judges also dismissed the defence argument that in bringing charges against 
Hartmann without investigating others suspected of similar acts, prosecutors 
had unfairly singled her out.

“The chamber finds that evidence that other persons may have committed similar 
acts to those alleged in the indictment is irrelevant to the case at hand, as 
it does not prove or disprove any of the charges against the accused,” the 
judgement said.

The judgement also noted that although the tribunal’s registrar had written to 
Hartmann on October 17, 2007, after the publication of her book, instructing 
her to comply with tribunal staff regulations to respect the confidentiality of 
judicial documents, she still went on to publish her article. 

Judges also said that during an interview with Hague tribunal prosecutors, 
Hartmann stated that the article was intended to be an “English version” of 
certain passages in the book, which was published in French. “It’s nothing 
new,” she said in the statement, according to the judgement.

The investigation into the contempt allegations against Hartmann began on 
January 23, 2008, two days after the article’s publication.

During the trial, defence lawyer Khan argued in court that in revealing the 
information in question, Hartmann had been fulfilling her duty as a journalist 
“as the watchdog of society in democratic pluralistic societies, not only of 
the executive, but all parts, including the judiciary and the legislature”. 

The defence argued that Hartmann had revealed information about the appeals 
chamber decisions in the belief that judges had violated the tribunal’s duty to 
assist victims in seeking compensation for war crimes.

It called upon Louis Joinet, a French judge specialising in human rights, and 
Serbian human rights activist Natasa Kandic, to appear as witnesses.

During its examination of Joinet, the defence referred to a letter he signed, 
published in Le Monde in December 2008, which criticised the proceedings 
against Hartmann.

Joinet told judges that he had added a paragraph to the letter which he read 
out in court.

“We believe… that international justice, which… we have always supported, could 
only be strengthened in its fight against impunity by encouraging a large 
reflection on its role and functioning. Its reliability depends on it,” he said 
reading from the letter.

He said that the paragraph had been inspired by his years’ of experience of 
reporting on issues of freedom of expression when he worked for the United 
Nations. 

Kandic argued during her examination that many people in Serbia knew that the 
documents in question existed, and that their existence had been widely 
discussed there before Hartmann’s revelations.

Referring to Hartmann’s indictment for contempt, she said, “It seemed 
completely illogical… that one person should be singled out for discussing it.”

The prosecution called two witness: Yorric Kermarrec, who works for Flammarion, 
the company that published Hartmann’s book, and Robin Vincent, the registrar of 
the Special Tribunal for Lebanon. 

Prosecution lawyer Bruce MacFarlane asked Kermarrec whether Flammarion had an 
agreement with Hartmann to pay her royalties on her book, and also to confirm 
how many copies had been sold. He replied that there was such an agreement and 
that 3,799 copies had been sold as of June 8, 2009.

When examining Vincent, MacFarlane asked about the importance of 
confidentiality of state information in matters of international justice.

Referring to his work at the Lebanon tribunal, as well as to his previous 
experience at the ICTY and with a war crimes tribunal in Sierra Leone, Vincent 
said that states would be unlikely to hand over confidential material if they 
feared that this could be disclosed.

“If there is any lack of confidence in the tribunal, so far as the state is 
concerned that's in a position to provide evidence which is crucial to that 
particular tribunal, once its recognised that there has been or may well be 
dangers of breaches, then it's unlikely that the cooperation that tribunal 
seeks will actually be forthcoming,” he said.

The decision to try Hartmann for contempt prompted widespread opposition, and 
the guilty verdict sparked further criticism.

Reporters Without Borders, RSF, which campaigns for press freedom, said in a 
statement published on its site on September 15, “This conviction undermines 
the credibility of international criminal justice.

“How can you trust a court that chooses to conceal documents that would help to 
render justice and then suppresses information about its own functioning?” 

Former president of Slovenia Milan Kucan also voiced his disappointment at the 
verdict.

Kucan, who before the trial signed a petition in support of Hartmann, was 
quoted in the Slovenian newspaper Dnevnik and other local media as saying, 
“Without understanding the circumstances under which the court operates, it 
would be very difficult to strengthen confidence in its work.” 

Kucan led Slovenia to independence in opposition to Milosevic in 1991, a 
process that culminated in a ten-day war between Slovenia and the Yugoslav 
army. He was Slovenia’s head of state from 1991 to 2002.

Marko Attila Hoare, a historian specialising in the former Yugoslavia, who has 
worked as a research officer for the ICTY, was also critical of the judgement.

“The judges' refusal, in their verdict against Hartmann, to acknowledge the 
public interest in their disclosures epitomises the tribunal's increasing 
divorce of the principle of justice from their actual work,” he told IWPR.

He argued that it was particularly wrong to try such a case, when many of those 
suspected of war crimes in the Balkans still walked free.

“The very act of prosecuting Hartmann while allowing so many of the key Serbian 
perpetrators to remain unindicted demonstrates the tribunal's skewed 
priorities,” he said.

Rory Gallivan is an IWPR contributor in London.


UN OFFICIAL CASTS DOUBT ON INDISCRIMINATE SHELLING CLAIMS

Former special envoy observed following artillery attack that damage to town of 
Knin was “unexpectedly minor”.

By Goran Jungvirth in Zagreb

Testifying this week as a defence witness for accused Croatian general Ante 
Gotovina, Yasushi Akashi, ex-United Nations special envoy for the former 
Yugoslavia, said it was not clear if the town of Knin had been indiscriminately 
shelled during a Croatian army offensive in August 1995.

At that time, Akashi was based at the UN headquarters in Zagreb, from where he 
reported developments in the war and mediated in negotiations between the 
Croatian government and the rebel Serb leadership.

This week at the Hague tribunal, the defence questioned the witness about 
reports he received from UN observers in the field which said that Knin had 
been shelled indiscriminately by Croatian troops during Operation Storm, which 
began on August 4, 1995. 

When the defence presented him an observers’ report which stated that 200 to 
300 shells had landed on the town in the first 30 minutes of the attack, the 
witness said it “shouldn’t be assumed” that the shelling was indiscriminate.

“Two hundred to 300 shells could mean unselective shelling but it could mean 
that all those shells were dropped on military installations,” he said.

Generals Gotovina, Ivan Cermak and Mladen Markac are accused of war crimes 
committed against Serbs by troops under their command during and after 
Operation Storm. According to the indictment, Gotovina was overall operational 
commander of the offensive in the southern portion of the Krajina region, 
Markac was in charge of special police units, and Cermak commanded the Knin 
garrison.

The indictment states that the generals took part in a joint criminal 
enterprise designed to drive the Serb population from Croatia. It is estimated 
that between 150,000 and 200,000 Serbs left the region around the time of the 
offensive.

Prosecutors allege that Croatian forces shelled civilian areas, and say that at 
least 30 people were killed in Knin and at least 150 across the entire Krajina 
region between August and November 1995. 

During the trial, some former UN staff members deployed in the area at the time 
have testified that rather than just aiming at military targets, Croatian 
troops randomly shelled Knin. 

But this week, their former superior Akashi cast doubt on this conclusion. 

At several points during his testimony, the witness, who testified via video 
link from Japan, was unable to answer questions about the events of Operation 
Storm and its aftermath, saying he couldn’t remember.

Gotovina’s defence lawyer Luka Misetic presented to the court some documents 
and notes signed by Akashi during that time. He read out a telegram which 
Akashi sent to the then UN secretary general Kofi Annan after the witness 
visited Knin on August 7.

Reading this out, Misetic said Akashi had written that his general impression 
was that Knin “suffered damage from the shelling, but that it is, although 
visible, unexpectedly minor”. Akashi confirmed to judges that he had written 
the telegram.

To counter prosecution claims that Knin was indiscriminately shelled, Misetic 
quoted further from Akashi’s telegram. Akashi had written that he had “damage 
to the structure of the city itself is much smaller than I expected, lots of 
houses are completely intact”, Misetic read.

During the trial, prosecutors have also presented UN staff reports which said 
that Knin’s hospital was targeted by the Croatian army’s shelling, and outlined 
the damage done to this. 

However, this week, Gotovina’s defence presented Akashi with notes the witness 
made when he visited the hospital in the aftermath of the assault.

In these, Akashi described the hospital as “functional, without major damages”, 
and noted that it had only been hit by one projectile. 

During his testimony, Misetic asked Akashi if he could remember being told 
about Croatian soldiers committing crimes at that time, and the witness replied 
that he could not. 

Other UN staff have testified for the prosecution that they witnessed Croatian 
soldiers taking part in arson and looting during the attack. 

“I can’t remember anything concrete about what they [my colleagues] told me 
about Croatian forces’ behaviour,” he said. 

Akashi also said he could not remember if he had ever received reports that 
Croatian troops systematically plundered the city.

He added, however, that he was “very proud” that Croatian soldiers had offered 
accommodation and shelter in their barracks to Serb civilians. He said that he 
saw this when he visited refugees who had been placed into Croatian army 
barracks following Operation Storm.

Misetic also asked Akashi about political negotiations he took part in at that 
time. 

The defence told the court that Milan Martic, who led the Serbs’ armed 
rebellion in Krajina, had at one point refused a peace agreement which Akashi 
had tried to reach. The witness confirmed this version of events.

Martic is currently serving a 35-year prison term, after being convicted at the 
Hague tribunal of war crimes and crimes against humanity.

Akashi described a meeting held between the Croats and Serbs on July 3, 1995, 
which he confirmed was one of the last attempts to avoid Operation Storm. While 
the Croats agreed to a solution presented at this meeting by the UN, Martic 
refused, the witness confirmed.

“We were extremely bitter after that meeting, because it turned out that it was 
futile,” Akashi said. 

The defence has argued throughout the trial that Croatia had wanted to come to 
a peaceful agreement over the status of Krajina, but that the Serbs had 
rejected this. 

This week, the defence also presented excerpts from a report Akashi wrote to 
the UN general secretary around the time of the operation which said that the 
main worry of Serbian civilians then was that they would not be able to leave 
Croatia.

Akashi said he knew this from his conversations with refugees, when he visited 
them in the barracks where they were living.

Contrary to the prosecution, which argues that Croatian officials conspired to 
expel the Serb population of Krajina, the defence states that they left 
willingly. 

To support this argument, Misetic presented documents containing details of 
certain pacts between the UN and the Croatian government, in which the latter 
agreed to the former’s demands that the Serbs’ human rights be respected and 
their free passage out the country be guaranteed. 

Misetic said that in Akashi’s report to the then UN general secretary, he 
described a chat he had had with group of Serbs displaced from their homes. 

“The thing that struck me the most during my contact with them was the fact 
that they all expressed their wish to leave Croatia,” Akashi said in the 
report, as read out by Misetic. 

“Maybe the biggest worry among refugees was – if they will be able to leave 
Croatia and go to Bosnia or Serbia, when that will be possible, and will the UN 
assist them,” Akashi wrote in his report, according to Misetic. 

When it was its turn to question the witness, Markac’s defence asked him to 
compare the 1995 destruction of Knin, with that of the Croatian town of Vukovar 
as well as that of the Bosnian capital, Sarajevo. Vukovar was left devastated 
in 1991, after a three-month siege by Serbian forces, while Sarajevo endured a 
four-year siege by Bosnian Serb forces from 1991 to 1995.

“The destruction of Vukovar was complete. It can’t compare with what I found in 
other cities, while the destruction of Sarajevo was more severe than that of 
Knin,” Akasni said. 

When questioned by Cermak’s defence team, Akashi spoke about a meeting he had 
held with the defendant. He said that Cermak had been cooperative with the UN, 
had acted effectively, and had appeared to believe that the human rights of 
local Serbs should be respected. 

Akashi was the 25th witness brought by Gotovina’s defence. Next week, Cermak’s 
defence team will start to present its case.

Goran Jungvirth is an IWPR-trained journalist.


PANDUREVIC DEFENCE CALLS FOR ACQUITTAL

Former Bosnian Serb army commander's lawyer said prosecutors failed to prove 
case against his client.

By Velma Saric in Sarajevo

The defence team of Vinko Pandurevic, a former Bosnian Serb army, VRS, 
commander, this week called for its client to be acquitted on all counts of 
genocide and other crimes committed in Srebrenica.

"The prosecution failed to prove Pandurevic's responsibility for crimes in 
Srebrenica and Zepa in July of 1995,” the defence told the Hague tribunal 
courtroom. 

Pandurevic, who at the time relevant to the indictment commanded the Zvornik 
brigade of the VRS’s Drina corps, was the final defendant to present closing 
arguments in the trial.

He – along with Vujadin Popovic, Ljubomir Borovcanin, Ljubisa Beara, and Drago 
Nikolic – is charged with genocide, crimes against humanity and war crimes, 
while two other co-accused Radivoje Miletic and Milan Gvero face allegations of 
war crimes and crimes against humanity.

The defendants, whose trial began on July 14, 2006, have each pleaded not 
guilty to all counts against them.

According to the indictment, the officials were involved in two separate but 
linked joint criminal plans, along with Bosnian Serb general and war crimes 
suspect Ratko Mladic, to expel the Muslim population from the Srebrenica and 
Zepa enclaves and “to murder all the able-bodied men captured from the 
Srebrenica enclave”. 

In July 1995, approximately 8,000 Bosniak men and boys were killed after the 
United Nations-protected enclave of Srebrenica fell to Bosnian Serb forces.

Last week, prosecutors called for maximum sentences to be awarded to each of 
the accused, in the event of convictions.

However, this week, Pandurevic's defence lawyer Peter Hayens said that the case 
against his client had not been clearly set out by prosecutors.

The defence argued that the prosecution was not able to provide evidence to 
support the allegation contained in the indictment that on July 15, 1995, 
Pandurevic was kept closely informed about the transfer and execution of 
prisoners in Orahovac in the Zvornik area, which was located in the zone of 
responsibility of his unit. 

According to the indictment, about 1,000 Muslim captives were executed near the 
school in Orahovac. 

"Pandurevic had no effective control of the Zvornik brigade in the VRS 
operations from July 4 to 15, and this is a matter of fact and not of law, 
although you will not find a single argument in the prosecution's claims which 
discusses this matter," Haynes said.

The defence lawyer then said that it was particularly important to point out 
the defendant's character and upbringing.

"Pandurevic grew up in a multi-national environment. He was taught to believe 
in the principles of brotherhood and unity. It was his family's tradition to 
respect and practically assist its Muslim neighbours," he said.

"His upbringing and behaviour have particular relevance in this case, as his 
character was at the basis of many decisions he took during the war," he added.

The defence then claimed that it was precisely his character which led 
Pandurevic to intervene on a number of occasions during the war to prevent 
bloodshed.

"Many lives had been saved thanks to orders or interventions by Vinko 
Pandurevic," the lawyer said.

Hayens cited one incident which he said took place in Visegrad in eastern 
Bosnia in April, 1992. 

"Pandurevic took several thousand civilians into protection from paramilitary 
formations which had come from Serbia. He disarmed them and ordered them to go 
back to Serbia," Hayes said. The lawyer added that this version of events was 
backed up by "a relevant statement" from a trial witness, Midhat Guso.

He then pointed to another incident which took place on July 16, 1996, when he 
said Pandurevic had defied Mladic's orders, resulting in a group of Bosniaks 
being allowed to escape after Sbrebrenica was overrun.

"Pandurevic, as a commander of the Zvornik brigade, contradicted General Mladic 
by acting on his own initiative and letting a column of Muslim soldiers and 
civilians who were trying to reach Tuzla through the woods, after the fall of 
Srebrenica," he said.

According to the prosecution, however, Pandurevic’s decision to open the 
corridor was the result of his assessment that the column, which consisted of 
civilians and armed Bosnian army, ABiH, members, represented a threat to the 
Zvornik brigade.

The defence said that the incidents mentioned were evidence of the accused's 
"lack of prejudice and his good character".

"Pandurevic was motivated by a desire to save lives, and that the chamber 
should take these examples into consideration, as actions speak more than 
words," the lawyer said. 

"This proves that, contrary to what the prosecution alleges, he had no 
genocidal intent." 

Following the defence's closing arguments and the prosecution's rebuttal, the 
largest trial to be conducted at the tribunal drew to a close, as judges 
retired to consider their verdict.

Presiding judge Carmel Agius said the case had been "a long, tough and 
sometimes very complex judicial review", adding that he hoped that judges would 
manage to reach a judgment "in a few months".

Velma Saric is an IWPR-trained journalist in Sarajevo.


STANISIC-ZUPLJANIN TRIAL BEGINS

Prosecutors say ex-police chiefs were responsible for atrocities committed 
against non-Serbs in Bosnia.

By Velma Saric in Sarajevo

The trial of two former high-ranking Bosnian Serb interior ministry officials 
accused of war crimes committed during the 1992-1995 Bosnian war began at the 
Hague tribunal this week.

Stojan Zupljanin, the former head of the Regional Security Services Centre in 
Banja Luka and adviser to the Bosnian Serb political leader Radovan Karadzic, 
who is awaiting trial for genocide, is charged with extermination, murder, 
persecution, and deportation of non-Serbs in northwestern Bosnia between April 
and December, 1992.

His co-accused Mico Stanisic is on trial for the murder, torture and cruel 
treatment of non-Serb civilians, as well as for his failure to prevent or 
punish crimes committed by his subordinates. 

The indictment against him states that he was appointed the minister in charge 
of the newly founded Bosnian Serb ministry of internal affairs in April 1992. 
From that time, Stanisic was the most senior ministry official, and was also a 
member of the Bosnian Serb government of Republika Srpska, RS. 

Both defendants – whose indictments were joined together in September 2008 – 
have pleaded not guilty to all charges.

The accused are also alleged to have participated in a joint criminal 
enterprise in 1992, the goal of which was the permanent removal of Bosniaks, 
Bosnian Croats and other non-Serbs from the territory of an intended Serb 
state. 

Prosecutors say that this criminal plan was led by Karadzic; former Bosnian 
Serb parliamentary speaker Momcilo Krajisnik; ex-Bosnian Serb president Biljana 
Plavsic and Bosnian Serb wartime commander General Ratko Mladic.

The prosecution said in court this week that "there was a widespread, 
systematic campaign of crimes committed by Bosnian Serbs against Bosnian 
Muslims and Bosnian Croats, and especially against Bosnian Muslims. The aim of 
this plan was to permanently remove non-Serbs from the territory which the 
Bosnian Serbs intended to belong to them and be part of a Serb state within 
Bosnia". 

Prosecutor Joanna Korner told judges how her team planned to present its case.

"Our intention is to put the events into context during the introduction [of 
the case], and then gradually upgrade that framework with evidence. We will 
prove that the criminal enterprise was planned by the political leadership of 
the Bosnian Serbs, including their police and armed forces," she said.

She then outlined the role that prosecutors allege was played by the Bosnian 
Serb interior ministry in the Bosnian Serb leadership's criminal conspiracy.

"The participation of the RS ministry of interior (MUP) in this enterprise is 
obvious and was very significant for the success of the joint criminal 
enterprise led by Radovan Karadzic, Momcilo Krajisnik, Biljana Plavsic and 
Ratko Mladic. The accused Zupljanin and Stanisic
were ideologically dedicated to the aims of the Serb Democratic Party (SDS) and 
close to former RS president, Radovan Karadzic," she said.

"The prosecution will prove that the role of the MUP was of key significance 
for the achievement of the goal - the creation of a Serb state in 
Bosnia-Hercegovina. MUP members took active part in the initial takeover of 
authority by Bosnian Serbs in municipalities
throughout Bosnia-Hercegovina."

According to Korner, MUP members "were fully or partially responsible for the 
biggest mass murders" committed in the country during the conflict.

Prosecutors intend to prove that as senior officials in the MUP, Stanisic and 
Zupljanin bore responsibility for crimes committed by their subordinates during 
the war, Korner said.

The prosecution does not claim that they took direct part in those crimes, but 
we will prove that they knew of these crimes and supported them by failing to 
punish the perpetrators," she said, explaining that this was a sign of each 
accused's consent and participation in the criminal enterprise.

Korner then argued that evidence showed there was close cooperation between the 
Yugoslav army, JNA, the Bosnian Serb Army, VRS, as well as between the various 
members of the Bosnian Serb and Yugoslav authorities.

To support this argument, Korner cited an intercepted discussion between 
Karadzic and Slobodan Milosevic on October 24, 1991, in which Karadzic told the 
then Serbian leader that the Bosnian Serbs' goal was to take over 65 per cent 
of Bosnian territory and to establish their own MUP.

In her introductory statement, Prosecutor Korner went on to describe the 
pattern of action of Serb MUP forces throughout Bosnia-Hercegovina during the 
war, saying it was "almost identical in all municipalities".

As evidence of this, she pointed to the brutal mass murders committed in 
municipalities throughout the country.

One such incident was the killing of some 200 men who were shot on Mount 
Vlasic, which lies close to Travnik in central Bosnia.

"This massacre was committed by members of the intervention squad of the police 
from the Prijedor Centre for Public Security," she said.

The prosecutor also pointed to mass murders committed in the towns of Visegrad, 
in eastern Bosnia, and Brcko in northeastern Bosnia, in April 1992, arguing 
that MUP forces carried out these crimes.

Korner then presented to the court a series of photographs taken by American 
news photographer Ron Haviv, which showed police killing people in Bijeljina in 
northeastern Bosnia in the spring of 1992.

"Just as photographs from the Vietnam war showed how policemen killed 
civilians, these photos are equally well known," Korner said.

The court was then shown television news reports filmed in June and July 1992, 
the Omarska and Keraterm concentration camps in Prijedor municipality of 
north-western Bosnia, where Bosniak and Croat prisoners were tortured and 
abused during the war. 

"Police members managed or guarded notorious camps throughout 
Bosnia-Hercegovina, as was the case of the Keraterm and Omarska camps," she 
said. 

She added that Zupljanin visited the Omarska camp in July 1992, "meaning he was 
directly acquainted with the treatment of prisoners", she said.

The trial chamber then heard the testimony of the first prosecution witness in 
the case, Dr Robert Donia, an American historian of the University of Michigan.

Donia, who has authored three books on Bosnia-Hercegovina, testified about the 
Bosnian Serbs plan to create an ethnically clean Serb state within the country. 
The historian, who during his research has analysed more than 100 transcripts 
from Bosnian Serb parliament sessions, also discussed the political 
preparations carried out by the Bosnian Serb authorities to achieve this.

He also testified about the role of the JNA and the Bosnian Serb police in 
carrying out this plan. 

Donia told the trial chamber that as early as September 1991, many Bosnian 
municipalities with a Serb majority population were joined to create autonomous 
districts with parallel Serb authorities.

The witness also claimed that these autonomous districts were established in 
order to prevent Bosnia-Hercegovina's international independence, as well as 
recognition of the country as an independent state, which according to the 
witness, was an aim pursued jointly by Croats and Muslims in the country.

The prosecution entered into evidence the transcript of another intercepted 
conversation between Karadzic and Milosevic, from September 5, 1991.

The witness who had already read the transcript, said that in this 
conversation, Karadzic was telling Milosevic what he thought their long-term 
aims should be. 

Donia cited a quote in which Karadzic said that the Bosnian Serb leadership 
"will be pushing for regionalisation and the establishment of its own police". 

The witness said that "this conversation had taken place seven months before 
the conflict in Bosnia-Hercegovina broke out". He stated that Karadzic gave 
instructions and carefully followed the development of the Bosnian Serb 
interior ministry, without giving further details on this.

Korner then asked the witness to describe how the Bosnian Serb interior 
ministry took part in taking over power in Bosnia.

"In brief, MUP was an integral part of the takeover of power in those 
municipalities where the municipal assemblies were under control by the SDS. 
Often, the police force largely or completely consisted of Serbs," Donia 
replied.

Stanisic surrendered to the Hague tribunal in March 2005. Zupljanin remained in 
hiding until June of the same year, when he was arrested in the town of 
Pancevo, just outside the Serbian capital, Belgrade. 

The trial continues on September 28.

Velma Saric is an IWPR-trained journalist in Sarajevo.

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ICTY TRIBUNAL UPDATE, the publication arm of IWPR's International Justice 
Project, produced since 1996, details the events and issues at the 
International Criminal Tribunal for the Former Yugoslavia, ICTY, at The Hague.

These weekly reports, produced by IWPR's human rights and media training 
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war crimes prosecution process.

The opinions expressed in ICTY Tribunal Update are those of the authors and do 
not necessarily represent those of the publication or of IWPR.

ICTY Tribunal Update is supported by the European Commission, the Dutch 
Ministry for Development and Cooperation, the Swedish International Development 
and Cooperation Agency, the Foreign and Commonwealth Office, and other funders. 
IWPR also acknowledges general support from the Ford Foundation.

ICTY TRIBUNAL UPDATE: Editor-in-Chief: Anthony Borden; Managing Editor: Yigal 
Chazan; Senior Editor: Paul Bolding; Project Manager: Merdijana Sadovic; 
Translation: Predrag Brebanovic, and others.

IWPR Project Development and Support: Executive Director: Anthony Borden; Head 
of Programmes: Niall MacKay; Head of Strategy: Mike Day.


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