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CHAMBERS
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The Hague, 21 October 2002
JL/P.I.S./705e
Drago Nikolic, Vujadin Popovic and Ljubisa Beara: Indictments Unsealed for their
Alleged Participation in Crimes Committed after the take-over of the Srebenica Enclave
On Monday 21 October 2002, Judge Schomburg ordered the unsealing of the Indictments against Drago Nikolic, Vujadin Popovic and Ljubisa Beara, which were originally confirmed on 6 September 2002, 26 March 2002 and 26 March 2002 respectively.
The Accused
Drago Nikolic was born in November 1957 in Brana Bacic in the Municipality of Bratunac. During the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosnian Muslim men, Drago Nikolic was a 2nd Lieutenant and served as Chief of Security of the Bosnian Serb Army (VRS) First Light Infantry Brigade in Zvornik (Zvornik Brigade).
Vujadin Popovic was born in March 1957 in Popovici in the Municipality of Sekovici. During the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosnian Muslim men, Vujadin Popovic was a Lieutenant Colonel and was the Assistant Commander of Security on the staff of the Drina Corps.
Ljubisa Beara was born in July 1939 in Sarajevo. During the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosnian Muslim men, Ljubisa Beara was a Colonel and was Chief of Security of the Main Staff of the VRS.
Factual Allegations
Drago Nikolic was present and on duty in the Zvornik Brigade zone of responsibility from 13 July to November 1995. Vujadin Popovic was present and on duty in the Drina Corps zone of responsibility from 11 July to 31 August 1995. Ljubisa Beara was present and on duty in the areas of Bratunac and Zvornik from 13 – 16 July 1995.
In the several days following the attack on Srebrenica, VRS and MUP 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 Indictment against Drago Nikolic refers to his alleged involvement in: opportunistic killings in Potocari, opportunistic killings in Bratunac, wide-scale and organised killings in Potocari and Tisca, killings and mistreatment of prisoners captured along the Bratunac/Milici road and wide-scale and organised killings in the Zvornik area, as well as other opportunistic killings.
The Indictment against Vujadin Popovic refers to his alleged involvement in: the separation and transportation of Bosnian women and children in the Potocari area, the handling of Bosnian Muslim prisoners in the Potocari and Bratunac areas, opportunistic killings in Potocari, opportunistic killing of Bosnian Muslim men in the Srebrenica, Bratunac and Zvornik areas.
The Indictment against Ljubisa Beara refers to his alleged involvement in: the capture, detention and transport of Bosnian Muslim prisoners along the Bratunac/Milici road, oportunistic killings in Potocaci and along the Bratunac/Milici road and organised killings of Bosnian Muslim men in the Srebrenica, Bratunac and Zvornik areas.
According to the indictmens, Drago Nikolic, Vujadin Popovic and Ljubisa Beara, together with other VRS and MUP officers and units, were members of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, among other things: to focibly transfer the women and children from the Srebrenica enclave to Kladanj, on 12 July and 13 July 1995; and to capture, detain, 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 Charges
The Indictment charges Drago Nikolic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
One count of genocide (Article 4 of the Statute – genocide; alternatively, complicity to commit genocide)
Three counts of crimes against humanity (Article 5 of the Statute – extermination, murder, persecutions on political, racial and religious grounds)
One count of violations of the laws or customs of war (Article 3 of the Statute – murder)
The Indictment charges Vujadin Popovic on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
One count of genocide (Article 4 of the Statute – genocide; alternatively, complicity to commit genocide)
Four counts of crimes against humanity (Article 5 of the Statute – extermination, murder, persecutions on political, racial and religious grounds, inhumane acts (forcible transfer))
One count of violations of the laws or customs of war (Article 3 of the Statute – murder)
The Indictment charges Ljubisa Beara on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
One count of genocide (Article 4 of the Statute – genocide; alternatively, complicity to commit genocide)
Four counts of crimes against humanity (Article 5 of the Statute – extermination, murder, persecutions on political, racial and religious grounds, inhuman acts (forcible transfer))
One count of violations of the laws or customs of war (Article 3 of the Statute – murder)
Joint Criminal Enterprise
According to the indictment, the Joint Criminal Enterprise, in which Drago Nikolic, Vujadin Popovic and Ljubisa Beara were members and participants, 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 these Indictments.
Members of this Joint Criminal Enterprise also included: General Ratko Mladic, the Commander of the VRS, General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on July 13 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 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.
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International Criminal Tribunal for the former Yugoslavia
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