THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

CASE NO. IT-04-75-I

THE PROSECUTOR OF THE TRIBUNAL

AGAINST

GORAN HADZIC

INDICTMENT

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

GORAN HADZIC,

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

THE ACCUSED:

  1. Goran HADZIC, son of Branko, was born on 7 September 1958 in the Municipality of Vinkovci, Croatia. Prior to the conflict in Croatia, Goran HADZIC worked as a warehouseman at a VUPIK plant in Pacetin, Municipality of Vukovar, Croatia.
  2. Goran HADZIC had been a member of the League of Communists since his youth. Prior to 1990, Goran HADZIC was President of the Local Community of Pacetin. In the spring 1990, Goran HADZIC was elected a councilman at the Municipal Council of Vukovar as a candidate of the League of Communists Ė Party for Democratic Changes /Savez Komunista Ė Stranka za Demokratske Premene/ ("SK-SDP"). Goran HADZIC later joined the Serbian Democratic Party / Srpska Demokratska Stranka / ("SDS"). Goran HADZIC was elected chairman of the SDS for Vukovar on 10 June 1990. By March 1991, Goran HADZIC was President of the Municipal Board of Vukovar, a member of the Main Board and Executive Committee of SDS in Knin, and Vice-President of the Regional Board of SDS for Eastern Slavonia, Baranja and Western Srem in Pakrac.
  3. Prior to 25 June 1991, Goran HADZIC was a leader in the Serbian National Council ("SNC"), a political forum of the Serbs covering the region of Slavonia, Baranja and Western Srem. On 25-26 June 1991, the SNC was transformed into the government of the so-called "Serbian Autonomous District /Sprska autonomna oblast/ Slavonia, Baranja and Western Srem ("SAO SBWS"). At the same time, Goran HADZIC was appointed President of the Government designate of the self-declared SAO SBWS. Goran HADZIC acted as President of the Government between 25 June and 25 September 1991. On 25 September 1991, Goran HADZIC was officially appointed President of the Government of the self-declared SAO SBWS, as published in the Official Gazette.
  4. On 26 February 1992, Goran HADZIC was elected President of the so-called "Republic of Serbian Krajina /Republika Srpska krajina/" ("RSK"). Goran HADZIC remained in this position until December 1993.
  5. INDIVIDUAL CRIMINAL RESPONSIBILITY

    Article 7(1) of the Statute of the Tribunal

  6. Goran HADZIC is individually criminally responsible for the crimes referred to in Articles 3 and 5 of the Statute of the Tribunal and described in this indictment, which he planned, instigated, ordered, committed, or in whose planning, preparation, or execution he otherwise aided and abetted. By using the word "committed" in this indictment the Prosecutor does not intend to suggest that the accused physically committed the crimes charged personally, other than the crimes described in paragraphs 19 and 25 of this indictment. Committing in this indictment includes Goran HADZICís participation in a joint criminal enterprise as a co-perpetrator.
  7. The purpose of this joint criminal enterprise was the permanent forcible removal of a majority of the Croat and other non-Serb population from approximately one-third of the territory of the Republic of Croatia ("Croatia") in order to make them part of a new Serb-dominated state through the commission of crimes in violation of Articles 3 and 5 of the Statute of the Tribunal. These areas included those regions that were referred to by Serb authorities as the "SAO Krajina," the "SAO Western Slavonia," the "SAO SBWS" (after 19 December 1991, the "SAO Krajina" became known as the RSK; on 26 February 1992, the "SAO Western Slavonia" and the "SAO SBWS" joined the RSK).
  8. The crimes enumerated in this indictment were within the object of the joint criminal enterprise and Goran HADZIC held the state of mind necessary for the commission of each of these crimes. Alternatively, the crimes enumerated in Counts 1 to 9 and 12 to 14 were the natural and foreseeable consequences of the execution of the object of the joint criminal enterprise and Goran HADZIC was aware that such crimes were the possible outcome of the execution of the joint criminal enterprise.
  9. This joint criminal enterprise came into existence no later than 25 June 1991 and continued until at least December 1993. In order for the joint criminal enterprise to succeed in its objective, Goran HADZIC worked in concert with or through several individuals in the joint criminal enterprise. Each participant or co-perpetrator within the joint criminal enterprise played his role or roles that significantly contributed to the overall objective of the enterprise. Individuals participating in this joint criminal enterprise included Slobodan MILOSEVIC; Milan MARTIC; Jovica STANISIC; Franko SIMATOVIC, also known as "Frenki"; Vojislav SESELJ; Radovan STOJICIC, also known as "Badza"; Zeljko RAZNATOVIC, also known as "Arkan"; and other known and unknown members of the Yugoslav Peopleís Army ("JNA"); the self-declared local Serb Territorial Defence ("TO") in the SAO SBWS; the TOís of Serbia and Montenegro; local police forces including Serb police forces of the SAO SBWS commonly referred to as "SAO SBWS Milicija" and the "Serb National Security" ("SNB") of the SAO SBWS; police forces of the Republic of Serbia ("Serbian MUP"), including the State Security /Drzavna bezbednost/ ("DB") of the Republic of Serbia; and members of Serbian, Montenegrin and Bosnian Serb paramilitary groups (also known as volunteer units), including the Serbian Volunteer Guard, a paramilitary/volunteer unit led by Zeljko RAZNATOVIC commonly known as "Arkanovci" or "Arkanís Tigers", and volunteers related to the Serbian Chetnik Movement and/or the Serbian Radical Party ("SRS") of Vojislav SESELJ, commonly known as "Cetniks" or "Seseljevci", who during military operations were integrated in or related otherwise to the TO of the SAO SBWS, all operating under the command of the JNA (collectively, "Serb forces"); and other political figures from the (Socialist) Federal Republic of Yugoslavia ("(S)FRY"), the Republic of Serbia ("Serbia"), the Republic of Montenegro ("Montenegro"), and Serb politicians from Croatia and Bosnia and Herzegovina.
  10. Goran HADZIC, acting individually or in concert with other members of the joint criminal enterprise participated in the joint criminal enterprise in the following ways:
    1. In his capacity as the President of the Government of the SAO SBWS and subsequently as President of the RSK, he formulated, promoted, participated in, and/or encouraged the development and implementation of SAO SBWS / RSK governmental policies intended to advance the objective of the joint criminal enterprise. Throughout 1991, 1992 and 1993, Goran HADZIC attended meetings with the Serbia and (S)FRY leadership and/or their agents defining these policies of the joint criminal enterprise and presented its positions in international negotiations.
    2. He was instrumental in the establishment, support and maintenance of the government bodies ruling the SAO SBWS / RSK, which in co-operation with the military and police implemented the objectives of the joint criminal enterprise and participated in the commission of crimes as listed in this indictment.
    3. He participated in and contributed to the creation, organisation, financing, and direction of the SAO SBWS Milicija and the SNB. These police or security forces were created and supported to assist in the execution of the joint criminal enterprise through the commission of crimes in violation of Articles 3 and 5 of the Statute of the Tribunal.
    4. He participated in and contributed to the creation, organisation, financing, and direction of the local Serb Territorial Defence forces (TO) of the SAO SBWS, including volunteers related to the Serbian Volunteer Guard and the Serbian Chetnik Movement, which participated in the crimes described in this indictment. From at least 26 June 1991 to and including December 1993, Goran HADZIC was the de jure commander of the TO forces.
    5. He personally participated in crimes committed by these police and military forces in the targeted territories as described in paragraphs 19 and 25 of this indictment.
    6. He participated in the provision of financial, material, logistical and political support necessary for the military take-over of territories in the SAO SBWS and the subsequent forcible removal of the Croat and other non-Serb population by the local Serb TO forces, who acted in subordination of or co-ordination with the JNA, the Serbian MUP forces and the SAO SBWS Milicija and SNB.
    7. He requested the assistance of or facilitated the participation of JNA and Serbian MUP forces to further the objective of the joint criminal enterprise.
    8. He encouraged and assisted in the acquisition of arms and their distribution to local Serbs in Croatia to further the objective of the joint criminal enterprise.
    9. He openly espoused and encouraged the creation by violence of a homogenous Serbian State encompassing the territories specified in this indictment.

  11. Goran HADZIC knowingly and willfully participated in the joint criminal enterprise, sharing the intent of other participants in the joint criminal enterprise or while being aware of the intent of the other participants of the joint criminal enterprise substantially contributing to the crimes being committed. On this basis, he bears individual criminal responsibility for these crimes under Article 7(1) of the Statute of the Tribunal, in addition to his responsibility under the same Article for having planned, instigated, ordered, personally committed, or otherwise aided and abetted in the planning, preparation, execution, and commission of these crimes.
  12. GENERAL ALLEGATIONS:

  13. At all time relevant to this indictment, a state of armed conflict existed in Croatia.
  14. All acts and omissions charged as Crimes Against Humanity were part of a widespread or systematic attack directed against the Croat and other non-Serb civilian population of large areas of Croatia.
  15. At all times relevant to this indictment, Goran HADZIC was required to abide by the laws and customs governing the conduct of armed conflicts.
  16. THE CHARGES:

    COUNT 1
    (PERSECUTIONS)

  17. From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the persecutions of the Croat and other non-Serb civilian population in the SAO SBWS / RSK.
  18. Throughout this period, Serb forces, comprised of JNA units, local Serb TO units and TO units from Serbia and Montenegro, including paramilitaries/volunteers of the Serbian Volunteer Guard and the Serbian Chetnik Movement, local and Serbian MUP police units, including the SAO SBWS Milicija and the SNB, and paramilitary units, attacked and took control of towns, villages and settlements in the territories described in paragraph 6. After the take-over, Serb forces in co-operation with the local Serb authorities, including Goran HADZIC, established a regime of persecutions designed to drive the Croat and other non-Serb civilian population from these territories.
  19. These persecutions were based on political, racial or religious grounds and included the following:
  20. a. The extermination or murder of hundreds of Croat and other non-Serb civilians, including women and elderly persons, in Dalj, Dalj Planina, Erdut, Erdut Planina, Klisa, Lovas, Grabovac and Vukovar in Croatia, as described in detail in paragraphs 18 to 29.

    b. The prolonged and routine imprisonment and confinement of hundreds of Croat and other non-Serb civilians in detention facilities within and outside of Croatia, as described in detail in paragraph 31-33.

    c. The establishment and perpetuation of inhumane living conditions for Croat and other non-Serb civilian detainees in the mentioned detention facilities.

    d. The repeated torture, beatings and killings of Croat and other non-Serb civilian detainees in the mentioned detention facilities.

    e. The prolonged and frequent forced labour of Croat and other non-Serb civilians detained in the mentioned detention facilities or under house arrest in their respective homes in Vukovar, Dalj, Lovas, Erdut and Tovarnik. The forced labour included digging graves, loading ammunition for the Serb forces, digging trenches and other forms of manual labour at the frontlines.

    f. The imposition of restrictive and discriminatory measures against the Croat and other non-Serb civilian population, such as restriction of movement; removal from positions of authority in local government institutions and the police; dismissal from jobs; and arbitrary searches of their homes.

    g. The beating and robbing of Croat and other non-Serb civilians.

    h. The arbitrary arrests, torture and beatings of Croat and other non-Serb civilians during and after their arrest.

    i. The deportation or forcible transfer of tens of thousands of Croat and other non-Serb civilians from the territories specified above, including the deportation to Serbia of at least 5,000 inhabitants from Ilok, 20,000 inhabitants from Vukovar; and the forcible transfer to locations within Croatia of at least 2,500 inhabitants from Erdut, as described in detail in paragraphs 35 to 38.

    j. The deliberate destruction of homes, other public and private property, cultural institutions, historic monuments and sacred sites of the Croat and other non-Serb population in Vukovar, Erdut, Lovas, Aljmas, Sarengrad, Bapska, Tovarnik, as described in paragraphs 40.

  21. By these acts and omissions, Goran HADZIC committed:
  22. Count 1: Persecutions on political, racial, and religious grounds, a CRIME AGAINST HUMANITY, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.

    COUNTS 2 to 4
    (EXTERMINATION and MURDER)

  23. From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the extermination, murder and wilful killings of Croat and other non-Serb civilians in the SAO SBWS, as specified in paragraphs 19 through 27 of this indictment.
  24. In September and October 1991, the local Serb TO and Milicija of the SAO SBWS arrested Croat civilians and kept them in a detention facility in the police building in Dalj. On 21 September 1991, Goran HADZIC and Zeljko RAZNATOVIC visited the detention facility and ordered the release of two of the detainees. Immediately after, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC killed eleven detainees and buried their bodies in a mass grave in the village of Celija. The names of the victims are set out in Annex I attached to this indictment.
  25. On 4 October 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC entered the detention facility in the police building in Dalj and beat, tortured, then killed twenty-eight Croat civilian detainees. The bodies of the victims were then taken from the building and dumped into the nearby Danube River. The names of the victims are set out in Annex I attached to this indictment.
  26. On 18 October 1991, members of the JNA, the TO of the SAO SBWS, and Dusan Silni volunteer unit forced fifty Croat civilians, who had been detained for forced labour in the Zadruga building in Lovas, to march into a minefield on the outskirts of the village of Lovas, located approximately 20 kilometers south-west of the town of Vukovar. On the way to the minefield, one detainee was shot dead by these Serb forces. Upon reaching the minefield, the detainees were forced to enter the minefield and sweep their feet in front of them to clear the field of mines. At least one mine exploded, and the Serb forces opened fire on the detainees. Twenty-one detainees were killed either through mine explosions or gunfire. The names of the victims are set out in Annex I attached to this indictment.
  27. On 9 November 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested ethnic Hungarian and Croat civilians in Erdut, Dalj Planina, and Erdut Planina and took them to the training centre of the TO in Erdut where twelve of them were shot dead the following day. The names of the victims are set out in Annex I attached to this indictment. Several days after 9 November 1991, members of the SNB of the SAO SBWS in co-operation with several members of "Arkanís Tigers" arrested and executed three civilians, two of them family members of the original Hungarian victims who had inquired about the fate of their relatives. The bodies of eight of the initial twelve victims were buried in the village of Celija and one victim was buried in Daljski Atar. The bodies of the three additional victims were thrown into a well in Borovo. The names of the victims are set out in Annex I attached to this indictment. On 3 June 1992, members of the SNB, in co-operation with members of "Arkanís Tigers", arrested Marija Senasi (born 1937), a female family member of the original Hungarian victims who had continued to make inquiries about the fate of her relatives. This woman was subsequently murdered and her body was thrown into an abandoned well in Dalj Planina.
  28. On 11 November 1991, members of the TO of SAO SBWS, under the command of Zeljko RAZNATOVIC, arrested seven non-Serb civilians in the village of Klisa. Two of the detainees who had Serb relatives were released. The remaining five civilians were taken to the TO training centre in Erdut. After their interrogation, the victims were killed and buried in a mass grave in the village of Celija. The names of the victims are set out in Annex I attached to this indictment.
  29. On or about 20 November 1991, as part of the overall persecution campaign, Serb forces under the command of the JNA removed approximately two hundred and sixty-four Croats and other non-Serbs from Vukovar Hospital in the aftermath of the Serb take-over of the city. The victims were transported to the JNA barracks and then to the Ovcara farm located about 5 kilometers south of Vukovar. There, Serb forces consisting of JNA soldiers, local Serb TO forces, paramilitaries/volunteers, and other members of the joint criminal enterprise beat and tortured the victims for hours. During the evening of 20 November 1991, these Serb forces transported the victims in groups of 10-20 to a remote execution site between the Ovcara farm and Grabovo, where they shot and killed them. Their bodies were buried in a mass grave. The names of the victims are set out in Annex I attached to this indictment.
  30. Between 18 and 20 November 1991, after the termination of the military operations in and around Vukovar, the JNA assisted by local Serb TO forces, paramilitaries/volunteers, and other members of the joint criminal enterprise deported thousands of Croat and other non-Serb inhabitants into the territory of the Republic of Serbia. Following a request of Goran HADZIC to retain those non-Serbs who were suspected of participation in the military operations, the JNA transported a large number of inhabitants of Vukovar to the detention facilities in Dalj on around 20 November 1991. There, local Serb TO members selected those suspected of participating in the defence of Vukovar. The selected detainees were interrogated, beaten and tortured. At least thirty-five were executed. The names of the victims are set out in Annex I attached to this indictment.
  31. On 10 December 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested five non-Serb villagers from Erdut. The victims were taken to the TO training centre in Erdut and subsequently killed. The bodies of three of the victims were later disposed of in a well in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
  32. From 22 December 1991 to 25 December 1991, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested seven ethnic Hungarian and Croat civilians in Erdut and took them to the TO training centre in Erdut. On 26 December 1991, they were shot and killed. The bodies of six of the victims were buried in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
  33. On 21 February 1992, members of the TO of the SAO SBWS led by Zeljko RAZNATOVIC and members of the Milicija of the SAO SBWS arrested four non-Serb civilians in Erdut. All of the victims were interrogated in the Territorial Defence training centre in Erdut and then killed. The bodies of the victims were buried in a mass grave in Daljski Atar. The names of the victims are set out in Annex I attached to this indictment.
  34. On 4 May 1992, members of the special operations component of the DB of the Republic of Serbia arrested five non-Serb civilians in the village of Grabovac. The civilians were taken away and killed. Their bodies were later buried in Tikves Park. The names of the victims are set out in Annex I attached to this indictment.
  35. By these acts and omissions Goran HADZIC committed:
  36. Count 2: Extermination, a CRIME AGAINST HUMANITY, punishable under Articles 5(b) and 7(1) of the Statute of the Tribunal.

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

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

    COUNTS 5 to 9
    (IMPRISONMENT, TORTURE, INHUMANE ACTS and CRUEL TREATMENT )

  37. From 1 August 1991 until the end of June 1992, Goran HADZIC, acting individually or in concert with other known and unknown members of a joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the unlawful confinement or imprisonment under inhumane conditions of the Croat and other non-Serb civilian population in the territories listed above.
  38. Serb military forces, comprised of JNA, local Serb TO and paramilitary/volunteer units acting in co-operation with local and Serbian police staff and local Serb authorities and authorities in Serbia, arrested and detained thousands of Croat and other non-Serb civilians in the following short- and long-term detention facilities:
  39. a. STAJICEVO agricultural farm in Serbia run by the JNA, approximately one thousand and seven hundred detainees.

    b. Military barracks in Begejci in Serbia run by the JNA, approximately two hundred and sixty detainees.

    c. Military barracks in Zrenjanin in Serbia run by the JNA, scores of detainees.

    d. Military prison Sremska Mitrovica in Serbia run by the JNA, hundreds of detainees.

    e. Military prison in Sid, Serbia run by the JNA, approximately one hundred detainees

    f. Police buildings and the hangar near the railway station in Dalj, SAO SBWS, run by the JNA and local Serb TO, hundreds of detainees.

    g. Territorial Defence training centre in Erdut, also referred to as "Arkanís" military base, SAO SBWS, run by members of the local Serb TO and "Arkanís Tigers", approximately fifty-two detainees.

    h. Ovcara farm, near Vukovar, SAO SBWS run by the JNA, approximately three hundred detainees.

    i. Velepromet warehouse near Vukovar, SAO SBWS run by the JNA, approximately one hundred detainees.

    j. Police station in Opatovac, SAO SBWS run by the JNA, scores of detainees.

    k. Stable or workshop in Borovo Selo, SAO SBWS, run by members of the milicija and local Serb TO, approximately eighty detainees.

  40. The living conditions in these detention facilities were brutal and characterised by inhumane treatment, overcrowding, starvation, forced labour, inadequate medical care, and constant physical and psychological assault, including mock executions, torture, beatings, and sexual assault.
  41. By these acts and omissions, Goran HADZIC committed:
  42. Count 5: Imprisonment, a CRIME AGAINST HUMANITY punishable under Article 5(e) and Article 7 (1) of the Statute of the Tribunal.

    Count 6: Torture, a CRIME AGAINST HUMANITY punishable under Article 5(f) and Article 7 (1) of the Statute of the Tribunal.

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

    Count 8: Torture, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3 (1)(a) of the Geneva Conventions of 1949, punishable under Article 3 and Article 7 (1) of the Statute of the Tribunal.

    Count 9: Cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognised by Common Article 3 (1)(a) of the Geneva Conventions of 1949, punishable under Article 3 and Article 7 (1) of the Statute of the Tribunal.

    COUNTS 10 to 11
    (DEPORTATION, FORCIBLE TRANSFER)

  43. From 1 August 1991 until the end of June 1992, Goran HADZIC, acting alone or in concert with other known and unknown members of the joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the deportations or forcible transfers of the Croat and other non-Serb civilian population in the territories of the SAO SBWS.
  44. In order to achieve this objective, Serb forces comprised of SAO SBWS Milicija and SNB under the control of GORAN HADZIC, in co-operation with other Serb forces comprised of JNA, local Serb TO forces, Serbian and Montenegrin TO forces, and paramilitary/volunteer units, including the Serbian Volunteer Guard, and other police units, including the Serbian MUP, surrounded predominantly Croat towns, villages, hamlets and neighbourhoods and demanded their non-Serb inhabitants to surrender their weapons, including legally owned hunting rifles. Then, the towns, villages, hamlets and neighbourhoods were attacked, even those whose inhabitants had complied with the demands. These attacks were intended to compel the population to flee. After taking control of the towns, villages, hamlets and neighbourhoods the Serb forces sometimes rounded up the remaining Croat and other non-Serb civilians and forcibly transported them to locations in Croatia controlled by the Croatian government or deported them to locations outside Croatia, in particular Serbia and Montenegro. On other occasions, the Serb forces in co-operation with the local Serb authorities imposed restrictive and discriminatory measures on the non-Serb population and engaged in a campaign of terror designed to drive them out of the territory. The majority of the non-Serbs that remained were then deported or forcibly transferred.
  45. According to the 1991 census, the Croat and other non-Serb population of this area was approximately as follows:
  46. SAO SBWS: 47 % Croats (90,454).

    Set out in Annex III are detailed population statistics for this area according to the 1991 census.

  47. Virtually the whole Croat and non-Serb population of this area was forcibly transferred, deported or killed.
  48. By these acts and omissions, Goran HADZIC committed:
  49. Count 10: Deportation, a CRIME AGAINST HUMANITY, punishable under Articles 5(d) and 7(1) of the Statute of the Tribunal.

    Count 11: Inhumane Acts (Forcible Transfers), a CRIME AGAINST HUMANITY, punishable under Articles 5(i) and 7(1) of the Statute of the Tribunal.

    COUNTS 12 to 14
    (WANTON DESTRUCTION, PLUNDER OF PUBLIC OR PRIVATE PROPERTY)

  50. From 1 August 1991 until the end of June 1992, Goran HADZIC, acting alone or in concert with other known and unknown members of the joint criminal enterprise, planned, instigated, ordered, committed, or otherwise aided and abetted the planning, preparation, or execution of the wanton destruction and plunder of the public and private property of the Croat and other non-Serb population, within the territories of the SAO SBWS, although these actions were not justified by military necessity. This intentional and wanton destruction and plunder included the plunder and destruction of homes and religious and cultural buildings, and took place in the following towns and villages:
  51. Dalj, Dalj Planina, Celija, Vukovar, Erdut, Erdut Planina, Aljmas, Lovas, Sarengrad, Bapska and Tovarnik.

  52. By these acts and omissions, Goran HADZIC committed:

Count 12: Wanton destruction of villages, or devastation not justified by military necessity, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3 (b) and 7(1) of the Statute of the Tribunal.

Count 13: Destruction or wilful damage done to institutions dedicated to education or religion, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(d) and 7(1) of the Statute of the Tribunal.

Count 14: Plunder of public or private property, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3(e) and 7(1) of the Statute of the Tribunal.

 

Dated this 21st day of May 2004
At The Hague
The Netherlands

___________________
Carla Del Ponte
Prosecutor