Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10226

 1                           Wednesday, 24 April 2013

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.33 a.m.

 5             JUDGE ORIE:  Good morning to everyone in and around this

 6     courtroom.

 7             Madam Registrar, would you please call the case.

 8             THE REGISTRAR:  Good morning, Your Honours.

 9             This is the case IT-09-92-T, the Prosecutor versus Ratko Mladic.

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             Judge Fluegge is, for urgent personal reasons, unable to continue

12     sitting in this case today, and it is likely of a short duration.

13     Judge Moloto and myself, we have decided that it would be in the

14     interests of justice to hear -- to continue the hearing of the case in

15     the absence of Judge Fluegge.  And it can be foreseen that the same

16     situation will exist for the whole of this week.  Of course, the Chamber

17     is aware that we cannot continue for more than five days in the absence

18     of Judge Fluegge.

19             Any matters to be raised?

20             MR. GROOME:  Good morning, Your Honours.  I have two brief

21     matters.  I'd ask that we go into private session for them, Your Honour.

22             JUDGE ORIE:  We'll move into private session.

23                           [Private session]

24   (redacted)

25   (redacted)

Page 10227











11 Pages 10227-10230 redacted. Private session.















Page 10231

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4                           [Open session]

 5             THE REGISTRAR:  We're in open session, Your Honours.

 6                           [Trial Chamber confers]

 7                           [The witness takes the stand]

 8             JUDGE ORIE:  Good morning, Mr. Rave.  I'd like to remind you that

 9     you're still bound by the solemn declaration you've given at the

10     beginning of your testimony.  And Mr. Lukic will now continue his

11     cross-examination.

12             MR. LUKIC: [Interpretation] Thank you.

13                           WITNESS:  EVERT RAVE [Resumed]

14                           Cross-examination by Mr. Lukic: [Continued]

15        Q.   [Interpretation] Good morning, Mr. Rave.

16        A.   Good morning.

17             MR. LUKIC: [Interpretation] Yesterday I did not tender 1D888.  I

18     forgot to do that.

19             THE INTERPRETER:  Interpreter's note:  Could all unnecessary

20     microphones please be switched off.  We can no longer hear Mr. Lukic.

21             JUDGE ORIE:  Any objections against admission of 1D888.

22             MR. JEREMY:  No objections, Your Honour.

23             JUDGE ORIE:  Madam Registrar.

24             THE REGISTRAR:  Document 1D888 receives number D274,

25     Your Honours.

Page 10232

 1             JUDGE ORIE:  D274 is admitted into evidence.

 2             Please proceed, Mr. Lukic.

 3             MR. LUKIC: [Interpretation] Thank you.

 4             Could we briefly see 1D885 in e-court now.  That is a transcript

 5     from the Tolimir case.  It is Mr. Franken's testimony.  We need page 70,

 6     which should correspond to 3472.  That would be the transcript page.

 7        Q.   You will see here that when Mr. Tolimir asked him -- actually I'm

 8     going to read this out in English, from line 13 onwards:

 9             [In English] "Did you ask" -- I quote:

10             "Did you ask for specific targets to be stricken or did you just

11     ask for a blanket support?

12             "A.  On the risk that it is getting technical, but we did both,

13     in fact.  We gave all the hardware -- sorry, all the known targets being

14     guns and artillery and mortars and tanks, et cetera, we put them on the

15     list and gave them a free-for-all, a killing zone, so to say, directly

16     south of Srebrenica, and that is the area between the city of Srebrenica

17     and generally Zeleni Jadar."

18             [Interpretation] Are you aware that members of your battalion

19     provided intelligence as well, in terms of marking the positions of the

20     Army of Republika Srpska for future NATO air strikes.

21        A.   I don't know if they provided the information for future NATO air

22     strikes.  I think that all our troops provided the information where they

23     [Realtime transcript read in error "rarely"] saw the VRS in the southern

24     part of the enclave.  That was collected in the OPs room, and it's up to

25     them to decide either to put it on the list, yes or no.

Page 10233

 1             JUDGE MOLOTO:  Sorry, Mr. Rave.  I would request that you repeat

 2     your answer.  You are recorded as having said:

 3             "I think that all our troops provided the information rarely saw

 4     the VRS."

 5             I don't think that makes sense.

 6             Could you just look at the transcript and correct it, please.

 7             THE WITNESS:  Yeah.  All our troops in the enclave, so all the

 8     UNPROFOR soldiers that were aware of VRS troops in the southern part

 9     attacking either the Muslims or UNPROFOR troops were reported.  So, of

10     course, you can say that they were normal troops but it is a kind of

11     gathering intelligence where the enemy is.

12             JUDGE MOLOTO:  Thank you so much.

13             MR. LUKIC: [Interpretation]

14        Q.   Were you aware that at the time, in that area, there were also

15     members of UNPROFOR, British nationals, who guided NATO aircraft to

16     targets?

17        A.   No.  I'm aware that within the battalion we had the -- I don't

18     exactly know the name, but the guys who were educated to guide aircrafts

19     on targets.  We had them in our own battalion, and I know that some of

20     our regular platoon guys did it in that period.

21        Q.   Thank you.  Now we're moving on to the 11th of July, 1995.

22             Is it correct that you, of course, together with the other

23     members of the Dutch battalion, decided to move people from Srebrenica to

24     Potocari?

25        A.   Yes.  As I told you yesterday, I think we talked to the commander

Page 10234

 1     of the Bravo Company in the town of Srebrenica, Mr. Boering and myself,

 2     when the UN facility was so overcrowded that we had no possibility that

 3     the people could stay there, that we had to try to get them northward to

 4     the Potocari area.  And I don't know if we decided it ourselves or there

 5     was information from the higher levels in Potocari to do so, but I know

 6     we did, and I'm not sure that we had a direct order to do so, but ...

 7        Q.   I do apologise for pausing slightly.  Yesterday I was cautioned

 8     about the fact that I did not wait for the interpretation to be over so

 9     there are quite a few things that are missing from the audio recording.

10     So please do bear with me.  It doesn't mean that I'm not satisfied with

11     your answers.  I'm just waiting for the interpretation to be over.

12             At the time, there were air strikes against VRS positions; right?

13     The 11th of July, 1995.

14        A.   Yes, that's correct.  I don't think there were air strikes.

15     There was close air support, so specific targets, because there's a big

16     difference between air strikes and close air support.

17        Q.   Thank you.

18             JUDGE ORIE:  Is it -- please, please, no loud speaking.

19     Everything has been fixed?  I do understand it has been fixed.

20             Please proceed.

21             MR. LUKIC: [Interpretation]

22        Q.   You spoke about shells that were falling by the column that was

23     moving towards Potocari.  Do you know who fired these shells?

24        A.   No.  I'm not sure, of course, but I only can imagine it was the

25     VRS.

Page 10235

 1        Q.   This column that was moving towards Potocari, were all people

 2     walking in a single direction or were some people trying to move in to a

 3     different direction?

 4        A.   As far as I know, they all were moving in the northern direction.

 5     And, of course, there might be a single person who went back, to find the

 6     rest of his family or anything else.  But the column, in general, was

 7     moving forward in a northern direction.

 8        Q.   In your view, how many such shells fell?

 9        A.   It's difficult for me to give exact numbers.  I only know that

10     during the period I moved from Srebrenica towards Potocari, some shells

11     fell and, well, at least more than two or three, but I can't exactly --

12     give you numbers.

13        Q.   At that moment, you did not know where the members of the

14     28th Division of the Army of Bosnia-Herzegovina were; is that right?

15        A.   That's right.  Because the evening of the 10th, we saw lots of

16     people in military clothes moving in a northwestern direction, and we

17     hardly didn't see any military-clothed men during -- on the 11th.

18        Q.   When speaking to the Serb side, you also noticed that they did

19     not know where the soldiers of the 28th Division were; right?

20        A.   I don't know if I mentioned it.  The only thing I know is that

21     all the time we spoke to General Mladic at that time or to others, they

22     wanted to know where they were, the men of the 28th Division, and they

23     wanted to have contact, and we were not in contact at that moment with

24     them.

25        Q.   The destination of that column was Potocari, or was it the

Page 10236

 1     intention of the people in the column to go via Bratunac further on?

 2        A.   I can't imagine that it was their goal to go further on because

 3     Bratunac was a Serb territory.  The only thing they wanted was safety and

 4     security.  They had the imagination that they could find it on the UN

 5     compound, so, in my opinion, they only wanted to go to Potocari to get

 6     the UN protection.

 7        Q.   I'm asking you this because you said that the fire was intended

 8     to prevent the people from going further.  In fact, their intention

 9     wasn't really to go further on but to reach Potocari; right?  I'm merely

10     explaining the reason why I put that question to you.

11        A.   It might be.  And I think when there was a shelling between

12     Potocari and Bratunac or Yellow Bridge, at the moment, it was an extra

13     motivation for them not to go further.

14        Q.   There are Serbian positions right beyond the Yellow Bridge;

15     right?

16        A.   In the area of Yellow Bridge, in the hills were Serbian

17     positions, yes.

18             MR. LUKIC: [Interpretation] I'd now us to look at P1147.  It's a

19     video, V000-926.  We need to see several sequences and stop at 22:36

20     minutes.

21             Can we have that?  And then stop at 32 minutes, 39 seconds.  [In

22     English] 32:36.  Or -- yeah, yeah, please, we can start with 31:19.

23     [Interpretation] And we'll proceed on to 32 minutes.

24                           [Video-clip played]

25             MR. LUKIC: [Interpretation]

Page 10237

 1        Q.   We can see that General Mladic's intention and order was to head

 2     for Potocari and Bratunac.  And we're on the 11th of the July, 1995.

 3             Do you know that, on that day, one could not reach Potocari along

 4     that route?  The Army of the Republika Srpska could not because of the

 5     armed attacks mounted by the 28th Division.  Instead, General Mladic had

 6     to go back to Sase, and, from there, he went to Bratunac and then to

 7     Potocari.  In other words, on that day, the Srebrenica-Potocari road

 8     could not be used.

 9             Were you aware of this?

10             JUDGE ORIE:  Mr. Lukic, you're giving a lot of information or

11     evidence, I do not know what it is, and then you ask, Were you aware of

12     this?  Is that only limited to the last portion?  Then you should have

13     left out all the earlier information.  If it includes the earlier

14     information, you have to go step by step, and then ask whether armed

15     attacks were mounted by the 28th Division -- you have to -- you can't

16     just tell a long story and then say, Do you agree that ...

17             MR. LUKIC:  I can -- I can make that long story short.

18             JUDGE ORIE:  Yes.

19             MR. LUKIC: [Interpretation]

20        Q.   Did you know that the Army of Republika Srpska was not able to

21     make it along the Srebrenica-Potocari road on -- on that day?

22        A.   Short answer:  No.

23        Q.   [In English] Okay.  Fair enough.

24             MR. LUKIC: [Interpretation] I'd like us to play the same video

25     from 32 minutes, 36 -- 36 seconds.

Page 10238

 1             Can we play it?

 2                           [Video-clip played]

 3             MR. LUKIC: [Interpretation]

 4        Q.   Did you know - and we were able to see it in this video - that

 5     somebody opened fire at General Mladic on that day, on the 11th, in

 6     Srebrenica?  Did you know that?

 7             JUDGE ORIE:  What we see on the video is -- what we see is a

 8     picture of Mr. Mladic and we hear shooting and behaviour such that

 9     apparently there's some concern that they may be the target.  That is

10     what we see.  Nothing more, nothing less.  You should not interpret the

11     evidence for the witness and then ask whether he is aware of what you

12     apparently see.

13             Please proceed.

14             MR. LUKIC:  Thank you.

15             JUDGE ORIE:  Mr. Mladic, remain seated.  Mr. Mladic -- remain

16     seated, Mr. Mladic.  And no loud speaking.

17                           [Defence counsel confer]

18             MR. LUKIC:  Give me one second.

19             JUDGE ORIE:  Please proceed, Mr. Lukic.

20             MR. LUKIC: [Interpretation] Thank you.

21        Q.   Let me ask you this:  Did you know that, on the 11th of July, in

22     the town of Srebrenica itself, there were still members of the

23     28th Division present?

24        A.   No.

25        Q.   I'd now like to move to the first meeting at Hotel Fontana, one

Page 10239

 1     that you attended as well.

 2             You tell us that General Mladic was angry on that occasion.  Was

 3     he blaming the DutchBat members for the casualties that NATO aviation

 4     inflicted on the VRS troops that day?

 5        A.   In my recollection, he was blaming DutchBat as being the ones who

 6     asked for the air strikes and who were responsible for killing his

 7     soldiers.

 8        Q.   You were telling us about threats, the threats that

 9     General Mladic made against you and Mr. Boering, the way you understood

10     them to be; right?  This cannot be seen in the footage that is an exhibit

11     in this case; is that right?

12        A.   That's right.  But I know he did.

13        Q.   Since it was Lieutenant-Colonel Karremans who suggested that

14     there be air strikes, the fact remains that he could have asked for air

15     strikes once more; is that right?

16             JUDGE ORIE:  Mr. Lukic, of course, can you ask whatever you want.

17     You're more or less -- you say it was Karremans who suggested that there

18     be air strikes.  The fact remains that he could have asked -- of course,

19     you do A and you could have done perhaps a different thing.  You could

20     have done B or C.  That's not a question.  It's asking, more or less, for

21     judgement, opinion, rather than for facts.

22             Please proceed.

23             MR. LUKIC: [Interpretation] Thank you.

24             JUDGE ORIE:  A factual question would have been:  Do you know

25     whether he has considered to do -- ask something else, for example.

Page 10240

 1     That's a factual question.  And might provide you the information

 2     apparently you are seeking but then in an appropriate way.

 3             MR. LUKIC: [Interpretation]

 4        Q.   You heard the guidance given to me by His Honour Judge Orie.  Did

 5     you know if Mr. Karremans had the intention of asking for more air

 6     strikes?

 7        A.   I'm not sure, of course, but I don't think that he had the

 8     intention to ask for more air strikes, because we lost the war at the

 9     moment and it was impossible to ask for more air strikes.

10        Q.   The reaction on the part of General Mladic seeking that there be

11     no more air strikes and his concern at that point, were they real?

12        A.   I think you should ask General Mladic why he estimated that --

13     that concerns.

14             JUDGE ORIE:  You're asking for judgement or opinion, Mr. Lukic,

15     which you are supposed not to do.

16             MR. LUKIC: [Interpretation]

17        Q.   Apart from the fact that he was angry and made threats,

18     General Mladic explicitly told you - and this can be seen in the

19     footage - that UNPROFOR and civilians were not the target of the Army of

20     Republika Srpska.  And you do recall that part, do you not?

21        A.   Yes.  But that's in the same video when he threatened us that:

22     This will not be your last cigarette.  Do you want to see your family

23     again?  We were happy.  You have only one life.

24             So it's a mix of all those things that created the situation,

25     especially at that moment.  Not being aware of the role of General Mladic

Page 10241

 1     at that moment, in what direction he wanted to go, that's -- in our

 2     opinion, at least in my opinion, there was a threat, and I still had

 3     the -- the feeling in the first ten minutes that there would be a

 4     possibility to put us in the garden and shoot us.

 5             JUDGE ORIE:  Mr. Mladic should remain seated.

 6             Again, Mr. Mladic, you should remain seated.  One.

 7             Second, you should not react in any way on the testimony given by

 8     the witness.

 9             You may proceed.

10             MR. LUKIC: [Interpretation] Thank you.

11        Q.   You were telling us about this meeting and the sound that you

12     heard, which you believed to be coming from a pig that was being

13     slaughtered in front of the Hotel Fontana.

14        A.   No.  That was in the second meeting.

15        Q.   [In English] Second meeting.

16             MR. LUKIC: [Interpretation] Can we look at 1D905?

17        Q.   You are familiar with the document; you've seen it before.  It

18     was in the Tolimir case.

19             It's a document issued by the Drina Corps Command on the

20     10th of July, 1995, where approval was granted for the slaughter of

21     cattle.  And, under 2, it is stated that permission is granted for the

22     slaughter and delivery for the needs of the UN soldiers billeted in the

23     hotel in Bratunac of hogs or pigs, weighing up to 80 kilos.

24             Do you know what were the facilities available to Hotel Fontana

25     for that purpose?  Was it ... so do you know what sort of sanitary

Page 10242

 1     conditions existed in Hotel Fontana, whether this is something that they

 2     normally did whenever Hotel Fontana would receive a supply of livestock,

 3     in fact?

 4        A.   I'm not aware of the way the -- the Serbs in this area provided

 5     the hotel with stock or anything else.  I don't know how they fed our

 6     POWs who were there.  But the only thing I can say that if it was food

 7     for the UN soldiers, it might be perfect, but I don't think it's perfect

 8     to slaughter the pig on an open window during a meeting.  You should have

 9     done that by daylight the day before or the day after.

10             JUDGE MOLOTO:  Is it, in fact, your case, Mr. Lukic, that

11     Hotel Fontana slaughters pigs in front of the hotel?

12             MR. LUKIC:  I don't know that, Your Honour.  I'm just trying to

13     establish with the witness.  We'll probably have --

14             JUDGE MOLOTO:  No, no, I'm saying is it your case.  Is that your

15     case?  Yes or no.  It's not your case, that's not what you're trying to

16     show.

17             MR. LUKIC:  I'm just asking the witness if he knows what's the

18     procedure.  If he is claiming something, he should claim it.

19             JUDGE MOLOTO:  You're not answering my question, that's fine.

20             Thank you so much.  You may proceed.

21             MR. LUKIC: [Interpretation] I'd now like us to look at a

22     video-clip, which is now P1147, V000-9266.  We need 15 minutes,

23     4 seconds, and 15 minutes and 30 seconds.

24                           [Video-clip played]

25             MR. LUKIC: [Interpretation]

Page 10243

 1        Q.   You recognise these soldiers in the footage as DutchBat troops;

 2     right?

 3        A.   Yes.

 4        Q.   We can see that some of them were filmed outside of the hotel and

 5     the others in one of the dining-rooms.  Or, at any rate, there seemed to

 6     be tables there.

 7             This is my question:  When you came to the Hotel Fontana, you

 8     were allowed to see the DutchBat soldiers.  It was Major Boering who saw

 9     them before the meeting, and then you yourself saw them after the

10     meeting; is that right?

11        A.   That's right.

12        Q.   We saw in the video how they comported themselves.  Was it your

13     impression that they were relaxed, that they did not feel their life was

14     at risk?

15        A.   I don't know if they were relaxed.  There was not a tense

16     situation when we entered that room.  But the only thing they wanted to

17     know:  What's going on, and what will happen with us?  That was the main

18     question of the soldiers.

19             MR. LUKIC: [Interpretation] Can we now look at 1D886 in e-court.

20        Q.   This is your evidence in the Tolimir case.

21             MR. LUKIC: [Interpretation] Page number 41 in e-court.

22             We need -- or that corresponds to page 6776 of the transcript.

23        Q.   And in lines 6 and 7, after giving a rather long answer, starting

24     from line 1, you say in line 6 and 7, [In English] I quote:

25             "And what he told them and what I later on saw that they looked

Page 10244

 1     rather relaxed because they really didn't know what was going on."

 2             [Interpretation] Does this refresh your memory that you believed

 3     them to be relaxed when you saw them?  Or at least that was your evidence

 4     in the Tolimir case.

 5        A.   Yeah, I think we can translate "relaxing," they didn't feel

 6     threatened at that moment.

 7        Q.   The members of the DutchBat left their observation post, right,

 8     at one point, and tried to retreat deep within the Muslim territory?

 9        A.   Yes.

10        Q.   The Muslim forces did not allow them to do this; is that right?

11        A.   That's right.  The -- they prevented us to do the job in the way

12     we wanted to do it.  Because, in a normal military way, when you are in a

13     position, and either you're firing on -- on an enemy and you try to take

14     another position, then you go backward, find a new position, and they

15     prevented us to do so.  That was the reason why they didn't go backward

16     but forward.

17        Q.   It was seriously and under threat that the Muslims prevented the

18     DutchBat troops from retreating; right?

19        A.   Yes.

20        Q.   For that reason, since the threat was a serious one, the DutchBat

21     soldiers surrendered to the Serbian forces; right?

22        A.   Right.

23        Q.   At that time, not a single soldier of the DutchBat was killed as

24     a result of fire coming from the Serbian forces; right?

25        A.   Right.

Page 10245

 1        Q.   At the same time, one of the DutchBat soldiers was killed but as

 2     a result of fire coming from the Muslim side; right?

 3        A.   When the soldiers on the OP Foxtrot returned from their OP and

 4     wanted to go back to the compound, the road was blocked in the -- the

 5     dirt road towards the compound was blocked, and Muslim civilians tried to

 6     stop the APC and, in the same way as I told you, the Muslim army did,

 7     because they only had one goal:  The UN should go forward and fight the

 8     VRS.  That was their impression.  When the APC passed the group of Muslim

 9     civilians, either a hand-grenade was thrown or a shot was fired, and that

10     caused the death of one of our soldiers.

11        Q.   Therefore, civilians were also armed.

12        A.   As you know, in that period at least, and -- civilians on the

13     Muslim and the Serb side, most of them were armed.  Although in the

14     area - and I think that's the direction you want to go - there were still

15     a lot of weapons, although we did our utmost to disarm them, to

16     demilitarise the enclave.  We didn't manage.  And we didn't manage to

17     demilitarise the Serbs, although it was not our task.

18        Q.   The civilian who shot and killed the Dutch soldier, was he within

19     the column?  How did it happen?  Was it someone throwing a hand-grenade

20     out of the column?  Can you describe this for us?  How did this death of

21     a Dutch soldier come about?

22             JUDGE ORIE:  Mr. Lukic, again, you should take it step by step.

23             Earlier the testimony was, when the APC passed the group of

24     Muslim civilians, either a hand-grenade was thrown or a shot was fired

25     and that caused the death.

Page 10246

 1             So, therefore, it has not yet been identified who fired the shot

 2     or who have thrown the grenade.  In your follow-up questions, you already

 3     imply answers on questions that have not yet been put to the witness,

 4     such as the civilian who shot and killed the Dutch soldier.  Let's first

 5     establish whether the witness knows whether this shot was fired from that

 6     group of civilians or whether the hand-grenade was thrown from that group

 7     of civilians.

 8             Mr. Rave, are you -- do you know?

 9             THE WITNESS:  I think the hand-grenade or the shot came from the

10     group of the civilians at the end of the dirt road from OP Foxtrot

11     towards the main road to Potocari.  It was not -- there were no civilians

12     that were in the column because it was some days before.  I think it was

13     the 8th or the 9th, but I have to take a look in my notes.

14             So it was not on the 10th or the 11th --

15             JUDGE ORIE:  You say -- when you said a grenade was thrown or a

16     shot was fired when passing the group of civilians, you say, That shot

17     was fired from that group of civilians or that hand-grenade was thrown by

18     a person in that group of civilians.

19             THE WITNESS:  That's correct.

20             JUDGE ORIE:  Yes.  Well, we have established it.  We take it step

21     by step.

22             Please proceed --

23             MR. LUKIC:  Thank you for your help.  I think it's time for our

24     break, Your Honour.

25             JUDGE ORIE:  Yes, we'll take a break.  But we'll first ask the

Page 10247

 1     witness to be escorted out of the courtroom.

 2                           [The witness stands down]

 3             JUDGE ORIE:  We take a break, and we resume at five minutes to

 4     11.00.

 5             Perhaps, Mr. Lukic, perhaps briefly discuss with your client that

 6     the Chamber does not accept any comments or reactions on the testimony,

 7     which is inappropriate.

 8                           --- Recess taken at 10.33 a.m.

 9                           --- On resuming at 10.57 a.m.

10             JUDGE ORIE:  Could the witness be escorted into the courtroom.

11             Mr. Groome, the matters you raised in private session at the

12     beginning of this session are taken care of.  And it's partly

13     translation; it's partly redaction.

14             MR. GROOME:  Thank you, Your Honour.

15                           [The witness takes the stand]

16             JUDGE ORIE:  Mr. Lukic, are we more or less on track, which will

17     mean that you would conclude today?

18             MR. LUKIC:  Yes, Your Honour.

19             JUDGE ORIE:  Yes.  And would there still be left some time for

20     Mr. Jeremy, then?  Perhaps --

21             MR. LUKIC:  I hope so.  I hope so.

22             JUDGE ORIE:  You hope so.

23             Mr. Jeremy, could you give us an indication as to -- as matters

24     stand now, whether you would need much time or ...?

25             MR. JEREMY:  I would say between five and ten minutes, at the

Page 10248

 1     moment, Your Honour.

 2             JUDGE ORIE:  Mr. Lukic, to the extent you could accommodate

 3     Mr. Jeremy and the Chamber, you're invited to do so.

 4             We'll now continue.

 5             THE INTERPRETER:  The interpreters would kindly like to ask to

 6     have the witness's microphone switched off when witness is not speaking.

 7             JUDGE ORIE:  Yes.  I also noticed, perhaps I make a comment

 8     there, that once the microphone of the witness is switched on, that there

 9     is a rumble.  There is a lot of background noise.  So apart from the

10     witness switching off his microphone if he is not speaking, I would have

11     rather have it resolved by technicians as well and not to remedy it in

12     the way as we are doing at this moment, but to start with it would be

13     okay.

14             Then please proceed, Mr. Lukic.  And the witness is invited to

15     activate and deactivate his microphone, as requested.

16             MR. LUKIC: [Interpretation] Thank you.

17        Q.   I would just like to go back briefly to the sound that you heard

18     in front of the Fontana hotel.

19             When I showed you 1D905, and this was the approval for the

20     slaughter of livestock, I want to put the Defence case to you.

21             The Defence asserts that this was done in one of the facilities

22     of the Drina Corps.  According to the information we have, the noise came

23     from the following.  One of the members of the VRS kicked a dog that was

24     in front of the Fontana hotel.

25             Now this is my question for you:  Can you claim with certainty

Page 10249

 1     that the noise did not come from a dog?  Are you certain that it came

 2     from a pig that was being slaughtered?

 3        A.   There are some things.  There might be a dog kicked in front of

 4     the hotel.  I told you that we were in the briefing room or in the

 5     meeting room that the window was opened.  It was not the front side of

 6     the hotel, it was the back side of the hotel.  I don't know the area over

 7     there.  The only thing I know that the window was opened.  I know the

 8     sound of a pig that was slaughtered.  I recognised it as a pig that was

 9     slaughtered.  And after some minutes, the window was closed.  So don't

10     mix up front and back of the hotel, and I think I can make the difference

11     between a dog and a pig.

12        Q.   Maybe I did not express myself properly, in front of the hotel or

13     behind the hotel.  At any rate, we have testimony stating that someone

14     below the window kicked a dog several times.  However, if you're

15     saying -- actually, I think that the answer is a bit confused.  That it

16     may be a dog but that you think it's a pig.  Is that it?  Would that

17     briefly summarise the answer that you provide --

18             JUDGE MOLOTO: [Microphone not activated]

19             JUDGE ORIE:  Mr. Lukic, the witness says, I can make the

20     distinction between a pig and a dog.  He says it was a pig.  So he

21     doesn't say, It may have been a pig.  Let's take his -- whether you

22     believe it or not, whether you have evidence which contradicts it, fine.

23     No problem.  But let's not change what the witness told us.  At least if

24     I understood you well, Mr. Rave.

25             THE WITNESS:  That's correct.

Page 10250

 1             JUDGE ORIE:  Please proceed.  And let's not -- it is a relatively

 2     small element.

 3             MR. LUKIC:  Why I was confused, I just want to point that at

 4     page 23, line 18, there is a sentence:

 5             "There might be a dog kicked in front of the hotel."

 6             JUDGE ORIE:  Yes.  What the witness says is that beyond what he

 7     could hear in front of the hotel and he said he couldn't -- he had no

 8     view, he had no -- it was not within hearing distance.  Whether someone

 9     kicked a dog over there he wouldn't know.  But what he heard was a pig

10     after the windows were open.  That is clearly the evidence the witness

11     gave.  And, again, if there's any contradicting evidence, the Chamber

12     would love to hear it.

13             Please proceed.

14             MR. LUKIC:  Thank you, Your Honour.  Then I will leave the topic.

15     Thank you.

16        Q.   [Interpretation] Do you know that the Dutch battalion ordered

17     skis and that an attempt was made to transport that into the enclave?

18        A.   We came in in January.  Then there was bit of snow, but I don't

19     know if in that period skis were ordered, maybe to do some sports or

20     anything else.  But after that, for sure not because it was so hot, there

21     was no snow, and I don't know why they used skis in summer.

22        Q.   Do you know -- actually, you don't know at all whether there had

23     been any ordering or not and whether there had been any subsequent

24     transport so we're not going to go into that.

25             MR. LUKIC: [Interpretation] We just need a still from P1147 now.

Page 10251

 1     V000-9266.  We need the 4th minute, the 53rd second.

 2        Q.   Just to remind you what we're talking about.  As you will see,

 3     this is a conversation.  You do remember this moment, don't you --

 4        A.   Yes.

 5        Q.   -- when people in uniform and also a man in civilian clothing is

 6     talking to the members of the battalion.

 7             Do you know who these uniformed men belong to?  Do you know

 8     whether this is the army or the police?

 9        A.   I think it is the army, but I'm not sure.

10        Q.   For the record, I'm going to tell you that these are members of

11     the police.  And in the footage we saw two men in addition to the

12     interpreter and that is Raso Pantic and Dusko Jevic and they are members

13     of the police.

14             JUDGE ORIE:  Is Mr. Lukic giving evidence or is Mr. Lukic

15     presenting what is agreed between the parties?

16             MR. McCLOSKEY:  I assume he presenting what is agreed into the --

17     by Mr. Ivetic.  These people are identified in the stills book as members

18     of the special police as opposed to the municipal police.  And I believe

19     that's what he would be doing, although we haven't spoken about it.

20             JUDGE ORIE:  Okay.  That's clear.

21             Please proceed, Mr. Lukic.

22             MR. LUKIC:  Thank you, Your Honour.

23             [Interpretation] Now I'd just like to ask for something from the

24     same video, P1147, that is, V000-9266.  From the 23rd minute and

25     54th second, up until the 25th minute and the 32nd second.  It is the

Page 10252

 1     presence of General Mladic in Potocari.

 2                           [Video-clip played]

 3             MR. LUKIC: [Interpretation]

 4        Q.   You said to us that food had been brought to the civilians and

 5     that its distribution was halted once General Mladic left.  Had

 6     everything been distributed, everything that had been brought in?  Or was

 7     something brought in and then taken away?  I'm speaking about food,

 8     water.

 9        A.   I don't know what was brought in.  The only thing I know that I

10     saw in that area that General Mladic was providing some bread and I think

11     some chocolate to the refugees.  I haven't seen him bringing water, and

12     for the people inside the compound at least that there was brought

13     nothing.  Maybe there is evidence that we can see that Colonel Acamovic

14     [phoen] some days later is negotiating about convoys coming in, but the

15     only thing that General Mladic at that moment brought was some bread.  He

16     made a show in front of the camera.  Then left and the distribution of

17     the bread they had with them stopped.

18        Q.   Do you know that all the bakeries in the region were involved and

19     that everything that could have been made on that day was brought in?

20     Did you have information about the quantity of bread that could have been

21     made in that area at one point in time?

22        A.   No.

23        Q.   Do you know that bread was even brought in from Serbia because

24     the local bakeries could not bake large quantities?

25        A.   No.  But as I say, just as the buses, General Mladic asked us for

Page 10253

 1     buses because they were not available.  Now in this video he is stating

 2     that he organises the transport and he organises the buses, so ... it

 3     doesn't say anything to me.

 4             JUDGE ORIE:  Well, Mr. Rave, could I invite you not to comment on

 5     the questions, et cetera.  You were simply asked whether you knew about

 6     Serbian bakeries assisting because local bakeries couldn't do.  That's

 7     the question.  You could limit your answer to that.

 8             I would have, however, one additional question.

 9             You said you don't know what was brought in.  What did you see,

10     in terms of quantities of bread?  Because you're talking about bread and

11     chocolate.  Are we talking about ten loaves?  500 loaves of bread?

12     Approximately, what did you see?

13             THE WITNESS:  I saw approximately 50 loaves of bread.

14             JUDGE ORIE:  Thank you.

15             Please proceed, Mr. Lukic.

16             MR. LUKIC:  [Interpretation] Thank you.

17        Q.   Now I'd like to ask you something about the demilitarisation of

18     the enclave.  So first I'd like to show you D17.

19             The essence of your testimony in this aspect is that there were

20     no organised military structures in the enclave of Srebrenica.  This is a

21     document of the Army of Bosnia-Herzegovina, the Command of the

22     28th Division, and this is a document dated the 30th of June, 1995.

23             MR. LUKIC: [Interpretation] Could we please have D17.

24        Q.   So what can be seen here is that a few days before the start of

25     Krivaja 95, the Command of the 28th Division is sending a report to the

Page 10254

 1     Command of the 2nd Corps in Tuzla.  And it says here that soldiers of the

 2     28th Division of the land forces located in Srebrenica and Zepa decided

 3     to give the largest possible contribution to the Army of

 4     Bosnia-Herzegovina in its fight against the aggressor, and with that aim,

 5     they intensified their activities deep inside the territory temporarily

 6     occupied by the aggressor.

 7             Did you know that in official documents of the Army of

 8     Bosnia-Herzegovina, they actually call the Bosnian Serb army the

 9     "aggressor army"?

10        A.   No.

11        Q.   It says here - it's in these bullet points that we see further

12     on - the results achieved are being listed and in the first group it says

13     that 13 Chetniks were killed.  Did you know that in the official

14     documents of the Army of Bosnia members of the Army of Republika Srpska

15     are being called "Chetniks"?

16        A.   No.

17        Q.   In the last bullet point it says:

18             "Several dozen Chetniks were wounded."

19             And then, number 2 says:

20             "In order to prevent enemy forces from sending additional forces

21     from the Srebrenica and Zepa areas to the Sarajevo theatre, two acts of

22     sabotage were carried out near Srebrenica, on the 23rd of June at Osmace

23     and on the 23rd of June at Bijelo Stijenje, near Koprivno, and the

24     following results were achieved:  Seven Chetniks were killed ..."

25             And then number 3.  It says that on the 26th of June 1995,

Page 10255

 1     several successful acts of sabotage were carried out deep inside the

 2     territory temporarily occupied by the enemy and, as a matter of fact,

 3     20 to 40 kilometres deep in the area of Han Pijesak and Vlasenica.

 4             And then there's a reference to Visnjica, Crna Rijeka, and the

 5     Vrani Kamen feature.

 6             Now on the next page in B/C/S, and it's the same page in the

 7     English version, the last bullet point states that over 40 Chetniks were

 8     killed in these actions.

 9             What were the positions that you personally held within the Dutch

10     battalion?  You were in charge of security, were you not?  And, at the

11     same time, you were the liaison officer for communication with the

12     civilian authorities and the military authorities; is that correct?

13        A.   That's correct.

14        Q.   As security officer, in order to make the right decisions, was it

15     indispensable for you to know the information that is contained in this

16     document of the 28th Division?

17        A.   Yes, of course, it would be very interesting for us to have these

18     kind of documents but we were not in the chain of command of the BiH

19     army.  But maybe I can add something, because, of course, we heard lots

20     of those rumours frequently from the VRS side, especially from

21     Major Nikolic.  All the time they told us that BiH or whatever who went

22     out of the enclave to commit actions in whatever form, we got never the

23     proof that, A, they happened; B, we got not the freedom of movement to go

24     out to check it.  We got not the equipment to do our job properly inside

25     the enclave so that we could check at all.

Page 10256

 1             So I think you've got some answers now.

 2        Q.   Did you ask -- after these accusatory allegations made by the

 3     Serb side, did you ask the Muslim side whether they were, indeed,

 4     carrying out such actions?

 5        A.   Of course, we asked.  And, of course, the answer was no.

 6             JUDGE ORIE:  Just for me to follow.

 7             Mr. Lukic, you've shown a document where there's internal

 8     reporting within the Army of the BH structures.  You refer in your

 9     question to:

10             "Did you ask after these accusatory allegations made by the Serb

11     side ..."

12             Is that specifically in relation to these events described?  Or

13     what -- what's the factual basis for those allegations by the Serb side?

14             MR. LUKIC:  Because this gentleman already testified that Captain

15     or Major Nikolic complained and also another VRS officer.

16             JUDGE ORIE:  Yes.  But not specifically on these events but more

17     on general terms.  Is that ...

18             MR. LUKIC:  More of general terms.  But such a -- like events and

19     the actions like these performed by 28th Division.

20             JUDGE ORIE:  Yes.  You give them as examples --

21             MR. LUKIC:  Yes --

22             JUDGE ORIE:  -- which may have been covered by a general

23     allegation.

24             MR. LUKIC:  Yes.

25             JUDGE ORIE:  Please proceed.

Page 10257

 1             MR. LUKIC: [Interpretation]

 2        Q.   So you said to us that demilitarisation had not been carried out

 3     in the enclave of Srebrenica and Zepa; is that right?

 4        A.   That's not right.  I said that one of our tasks was to

 5     demilitarise the enclave of Srebrenica.  We were not in Zepa.  In

 6     Srebrenica the demilitarisation started with the Canadian battalion.

 7     After that, the three Dutch battalions did whatever they could to disarm

 8     the population and the parts of the 28th Division or the 28th Group.  We

 9     did our utmost.  We collected lots of weapons, but, at the end, it was

10     shown that we were not able to disarm the enclave completely.

11        Q.   Thank you.

12             JUDGE ORIE:  Mr. Lukic, we had a rather lengthy examination of a

13     witness about demilitarisation - I think it was in relation to Gorazde -

14     where we had to look at quite some documents on -- on what exactly was

15     the -- was the legal situation.

16             Is it the same here or is it different or ... could you assist us

17     in referring to where we find the demilitarisation tasks and how it was

18     decided by the UN?

19             MR. LUKIC:  I don't know it by heart, but I know that we have

20     documents as -- as an evidence in this case.  It's two agreements on

21     Srebrenica and Zepa demilitarisation.  One -- both from 1993.

22             JUDGE ORIE:  If you have the numbers, then that would

23     sufficiently guide me to find them.

24             MR. LUKIC:  I have ERN numbers in front of me.  I don't have --

25             JUDGE ORIE:  But you said they were in evidence --

Page 10258

 1             MR. LUKIC:  Yes.

 2             JUDGE ORIE:  If you have the ERN numbers, perhaps Madam Registrar

 3     could assist us.  Could you please read them.

 4             MR. LUKIC:  There are two.  One from May, 8th of May, 1993, and

 5     ERN is 01239650.  English version is R1024231.

 6             JUDGE ORIE:  Madam Registrar, you can confirm that this is in

 7     evidence or ...?

 8             MR. LUKIC:  It should be D15.

 9             JUDGE ORIE:  D15.  Okay.  Thank you.

10             MR. LUKIC:  Probably.  I don't know for sure.

11             JUDGE ORIE:  I'll have a look at D15.

12             MR. JEREMY:  Your Honour, Ms. Stewart tells me it's also in under

13     P23.

14             JUDGE ORIE:  D15 is something different.  It says:

15             "Debrief of UNMOs from the Srebrenica enclave dated 24th of

16     July."

17             MR. LUKIC:  Okay.  Then let's check the P number, Your Honour.

18             JUDGE ORIE:  Yes.  Let's try to find a better one.  I'll have a

19     look at P --

20             Meanwhile, you may continue, Mr. Lukic.

21             MR. LUKIC:  Thank you.

22        Q.   [Interpretation] Sir, you do remember that there was an agreement

23     on the demilitarisation of Srebrenica and Zepa; right?

24        A.   Yeah, that's right.

25        Q.   Before most of the military forces left Srebrenica, you saw a

Page 10259

 1     great deal of armed and uniformed people within Srebrenica; right?

 2        A.   That's right.

 3        Q.   At the time, did you ask someone where they got the weapons from?

 4     Did you have time to do that?

 5        A.   No.  Specific answer:  I could have find the time, but I didn't

 6     ask.

 7        Q.   Do you know anything about the shipment of the weapons to

 8     Srebrenica via Zepa?  The weapons reached Zepa by air.

 9        A.   I don't know if weapons reached Zepa by air, but I also don't

10     know about the shipments from weapons to Srebrenica.

11             MR. LUKIC: [Interpretation] We will now briefly look at a

12     document, 1D893.

13        Q.   Since the B/C/S version is a poor copy, let me tell you that it's

14     a newspaper article, an interview with Naser Oric issued by the Sarajevo

15     paper "Oslobodjenje" on the 23rd of August, 1996.

16             MR. LUKIC: [Interpretation] Can we have the English version on

17     our screens only so that we can follow.

18             The headline or the title of the text is:  "Weapons that were

19     handed over were out of order."

20             We need page 2.  We will look at the portion beneath the

21     subtitle:  "Demilitarisation of Srebrenica."

22             It is stated here that Naser Oric said, and that's paragraph 1,

23     line 3.  [In English] I will quote in English.

24             "When the order of demilitarisation came, the commander told me

25     to deliver only those weapons which were out of order and useless and

Page 10260

 1     heavy guns because we not hide them.  So I did.  We kept the defence

 2     lines and our weapons.

 3             "So we handed over to the UNPROFOR only some of the weapons.  For

 4     instance, two tanks.  We had five tanks, but since we had not had fuel

 5     for them, we had to burn some down, so we kept only two and withdraw

 6     [sic] them into the depth of our territory."

 7             Then the fourth paragraph in this section says, I quote:

 8             "Most of the weapons we surrendered were useless or almost

 9     useless.  We kept the rest."

10             Then we'll have to go to page 3 in English.  Fourth -- or fifth

11     paragraph from the top.  I quote:

12             "Sefer Halilovic intervenes ..."

13             Then the second row, the end of the row.  I quote:

14             "I order you to deliver the weapons that were out of order.  It

15     was approximately, including those homemade and useless rifles,

16     200 barrels all together, plus some heavy weapons that you could not

17     hide ... at the same time, you had a plan how to recapture the weapons,

18     if necessary, from the UNPROFOR."

19             Now, the next title is:  "Guards along the lines."

20             And the third line says, I quote:

21             "We had some 2.000 barrels.  I know that for sure.  And I did not

22     know everything.  Weapons were being hidden.  We kept some 20 cannons,

23     for sure, with four barrels."

24             And the last sentence in -- in this paragraph, I quote:

25             "So we had probably some 4.000 barrels and it became manifest

Page 10261

 1     during the breakthrough towards Tuzla, let alone the brigade of Zepa ..."

 2        Q.   [Interpretation] As security officer, did you have information to

 3     the effect that at the time when you were in Srebrenica, the

 4     28th Division had, as stated by its commander --

 5             THE INTERPRETER:  Can the counsel repeat the number of barrels or

 6     rifles he mentioned.

 7             THE WITNESS:  No, I don't know about the amount of weapons they

 8     had --

 9             JUDGE ORIE:  Could we -- the interpreters ask, first of all,

10     whether you could repeat the number of barrels.  Is that 4.000,

11     Mr. Lukic?

12             MR. LUKIC:  Yes, it's 4.000.

13             JUDGE ORIE:  4.000.  Yes.

14             Were you aware, did you have information that there were 4.000 --

15     probably 4.000 barrels in Srebrenica held by the forces of the ABiH?

16             THE WITNESS:  No, we were aware that a lot of people inside the

17     enclave still had weapons.  When we saw them with weapons, we confiscated

18     them, but we didn't know about any numbers.  And, as you can see in the

19     document, not even Naser, as commander of the operational group, knew how

20     many weapons there were.

21             MR. LUKIC: [Interpretation]

22        Q.   Would you agree with me that this would also have been the

23     information that you had to have in order to make proper decisions as a

24     security officer?

25             JUDGE ORIE:  What kind of decisions are you referring to,

Page 10262

 1     Mr. Lukic?  Could you be more precise in your question.

 2             MR. LUKIC: [Interpretation] The gentleman was supposed to make a

 3     decision or give a suggestion to the commander of the DutchBat as a

 4     security officer on what should be done next and in what way, who should

 5     be monitored and in what way.

 6             JUDGE ORIE:  If you would have known that information of --

 7     of probably 4.000 barrels, would that have been useful in your work?

 8             THE WITNESS:  I don't think that the amount of barrels is

 9     important.  We knew that we had to demilitarise the zone.  We were not

10     able to do so, and we didn't get any other means or the possibility

11     either to check, for example, all the houses.

12             So it didn't change anything when I knew even the amount of

13     barrels that there were.

14             JUDGE ORIE:  Yes.  You said you had to demilitarise.

15             I had a look now, Mr. Lukic, at P23 where it's about

16     demilitarising, but the -- who has to do what may need further attention

17     before we continue to talk about demilitarising and ...

18             MR. LUKIC: [Interpretation] Naturally.  Of course, I didn't mean

19     Mr. Rave in person, but I meant that this was one of the main tasks of

20     the DutchBat in Srebrenica.

21             JUDGE ORIE:  Yes.  Is it on the basis of P23?  I mean, we're

22     talking about demilitarisation.  Who has to do what.  That is, for me, as

23     we earlier did in -- for different areas -- because looking at P23 - but

24     forgive me when I'm wrong - going through it very quickly, it seems that

25     the parties accept an obligation to demilitarise -- they're to hand over

Page 10263

 1     their weapons and that UNPROFOR is a witness to that and plays a role

 2     that they will accept weapons which are handed over to them.  It is an

 3     agreement between two parties.  So, therefore, the task described there,

 4     although as a witness, but is mainly, at least going through it very

 5     quickly, UNPROFOR shall take the handed-over or submitted weapons in

 6     custody.  UNPROFOR shall take the handed-over submitted ammunition in

 7     custody separately.

 8             It -- from what I read at this moment, it's not, You should

 9     confiscate weapons.

10             And therefore my question to the witness would be:  On what basis

11     did you confiscate weapons?

12             THE WITNESS:  On the basis of demilitarisation, when we saw

13     people outside houses with weapons, we confiscated the weapons.  They got

14     a ticket that we confiscated the weapons and we stored them in the

15     Weapons Collection Point.

16             JUDGE ORIE:  Yes, that's what you did.  But on the basis of what?

17     On the basis of what instrument or the basis of what?

18             THE WITNESS:  As far as my knowledge goes, it was on the basis of

19     the task we had in the mandate in -- demilitarise --

20             JUDGE ORIE:  Yes, Mr. Lukic, perhaps we have then to look in more

21     detail to the mandate.  But when I earlier asked for the

22     demilitarisation, then I -- if I look at the document, that raises, at

23     least, a few questions.

24             MR. LUKIC: [Interpretation]

25        Q.   I will ask the witness, though I believe that he referred to it,

Page 10264

 1     in part, just now.

 2        A.   As far as I know, it was in our mandate to demilitarise but not

 3     to chase and to search houses to demilitarise.

 4        Q.   That was precisely going to be my question.  You didn't have the

 5     mandate to search houses, and you've answered to that.

 6             You were able to and did react only when you saw someone out in

 7     the open carrying weapons in the town of Srebrenica.  This is another

 8     thing that you told us about.

 9             However, I will now read to you from another passage of this

10     interview with Naser Oric.  It's the same document we have here.  The

11     last paragraph.

12             What is discussed here is how they went about tricking you, in

13     fact, deceiving you.

14             [In English] "As soon as the UNPROFOR set up their check-points,

15     we realised that we could not rely upon them.  So one team of my men, who

16     had no military education but were reliable and who made part of reserve

17     units, decided to establish our lines.  To organise our monitors.  The

18     system functioned in the following way.  When an UNPROFOR patrol was

19     approaching, our guys on the lines informed us so we could remove the

20     weapons.  If the UNPROFOR soldiers asked about presence of our boys on

21     those lines, we answered that we could not trust them and that we were

22     afraid of Chetniks so we wanted to have our guards.  They showed some

23     understanding for that, which was not the case when we dug trenches and

24     fortifications."

25             [Interpretation] Would you agree with me that, since you were

Page 10265

 1     foreign to the area, you didn't speak the language, the Muslims in

 2     Srebrenica found it very easy to trick you and conceal weapons from you,

 3     to deceive you?

 4        A.   It wasn't too difficult to conceal weapons, and I think it has

 5     nothing to do with the language because we had interpreters.  But in an

 6     area - and I think you have been there - as big as it is, it's no problem

 7     at all to conceal some weapons.

 8        Q.   Thank you.  Let's speak about the offensive combat activities

 9     that the Muslims mounted out of Srebrenica.

10             One of the topics is the linking up of the enclaves.  At that

11     time you were there, were you aware that the road between Srebrenica and

12     Zepa was under the control of the Muslim forces?

13        A.   I'm even not aware about a road between Zepa and Srebrenica

14     because the enclave of Srebrenica ended for us at OP Echo.  We were not

15     able to build more OPs because the VRS denied us to bring in more

16     material to build OPs to control more of the southern part because, of

17     course, there was a lot of complaints from the VRS side that there was a

18     traffic between the enclave of Srebrenica and Zepa.  We were not able,

19     because it was a very big terrain, to control it all.  And specifically a

20     road, there wasn't a road.  There were a lot of dirt roads through the

21     woods, and I don't know what road you're referring to.

22        Q.   Did you have knowledge to the effect that Srebrenica and Zepa

23     were two enclaves that were not linked together?  Were you briefed on

24     that?  And that you - and that's to say the Dutch battalion - had only

25     Srebrenica under its control and not Zepa?

Page 10266

 1        A.   That's correct.  And they were not linked because between Zepa

 2     and Srebrenica were the Serb forces.

 3        Q.   Do you know that Krivaja 95 operation was launched precisely for

 4     the fact that what you just said was not true?  That's to say, that the

 5     Serbs were not present on the road between Srebrenica and Zepa, they

 6     didn't have it under their control, and that that was the main objective

 7     of Operation Krivaja 95.

 8        A.   I think that with this operation you mean the takeover of our

 9     OP Echo in the southern part of the enclave and they wanted the road that

10     was going from east to west, in my opinion, and not from north to south

11     or south to north.  And the enclaves of Srebrenica and Zepa were

12     north/south, and the road they wanted to use was the east/west road.

13             JUDGE ORIE:  Mr. Groome.

14             MR. McCLOSKEY:  Yes --

15             JUDGE ORIE:  Mr. McCloskey, I apologise.

16             MR. McCLOSKEY:  Yes, Mr. President.  If would you inform the

17     witness what you mean by Krivaja 95 because, otherwise, I think you're

18     talking at cross purposes.

19             MR. LUKIC:  My mistake.

20             JUDGE ORIE:  Then please correct it.

21             MR. LUKIC:  Thank you.  I will.

22        Q.   [Interpretation] Krivaja 95 is an operation launched by the Army

23     of Republika Srpska in order to separate the enclaves of Srebrenica and

24     Zepa.  Were you at all familiar with the contents of that order?

25        A.   No, I don't know that order.  The only order I know is the -- the

Page 10267

 1     takeover of OP Echo, and I don't know if it was part of this operation,

 2     but ...

 3             MR. LUKIC: [Interpretation] I would now like to tender 1D893 into

 4     evidence before we move on to the next document.  It's the interview

 5     given by Naser Oric and Sefer Halilovic for the Sarajevo newspaper

 6     "Oslobodjenje."

 7                           [Trial Chamber confers]

 8             JUDGE ORIE:  Mr. Lukic, the witness doesn't know anything about

 9     it, isn't it?  Do you want to tender it from the bar table or through

10     this witness?  What is the --

11             MR. LUKIC:  If I may.  I think the witness confirmed that he knew

12     about some amount of the weapons concealed inside the enclave.  But here

13     we have more precise data so it's not even contradicting what he said.

14             JUDGE ORIE:  Well, I think our rule is that if the witness

15     testified about a matter of -- or about an issue on which we have

16     evidence, although the witness is not aware of that documentation, that

17     that might be a reason not to wait with bar tabling this evidence but,

18     rather, then tender it immediately.

19             Any objections?

20                           [Prosecution counsel confer]

21             MR. JEREMY:  Just to confirm:  The length of the pages is four

22     pages in English?

23             MR. LUKIC:  I moved from that document.  Give me one second.

24             JUDGE ORIE:  Madam Registrar seems to confirm --

25             MR. LUKIC:  Yes, four pages --

Page 10268

 1             MR. JEREMY:  No objections to the tendering of that, Your Honour.

 2             JUDGE ORIE:  Madam Registrar.

 3             THE REGISTRAR:  Document 1D893 receives number Exhibit D275,

 4     Your Honours.

 5             JUDGE ORIE:  D275 is admitted into evidence.

 6             Mr. Lukic, we'll take a break in approximately two or three

 7     minutes from now.  If there's anything you could --

 8             MR. LUKIC:  I can finish one more document, Your Honour.

 9             JUDGE ORIE:  Yes, please proceed.

10             MR. LUKIC:  Thank you.

11             JUDGE ORIE:  Mr. Jeremy.

12             MR. JEREMY:  Your Honours, just so that we are able to plan our

13     scheduling for our next witness, I wonder if Mr. Lukic could give us an

14     estimate of his remaining cross-examination time, please.

15             JUDGE ORIE:  Mr. Lukic.

16             MR. LUKIC:  I cannot say exactly, but I think that probably I

17     need an hour, a bit more.

18             JUDGE ORIE:  An hour, a bit more, which would bring us -- it

19     might leave us 15 to 20 minutes at the very end, as matters stand now.

20             So, therefore, if the witness is there, I'd like him to remain

21     stand by, and with the apologies if he will be called only tomorrow.

22             MR. JEREMY:  That's understood, Your Honour.  Thank you.

23             JUDGE ORIE:  Yes.

24             Please proceed, Mr. Lukic, for your last document.

25             MR. LUKIC:  Before the break.  Not the last document --

Page 10269

 1             JUDGE ORIE:  Yes.

 2             MR. LUKIC:  If we can have 1D904.

 3        Q.   [Interpretation] This is a document of the Republic of

 4     Bosnia-Herzegovina, or, rather, the Army of the Republic of

 5     Bosnia-Herzegovina, the command of the 2nd Corps in Tuzla.  The

 6     29th of April, 1995, is the date.  The heading says:

 7             "Per your request, instructions for further action in connection

 8     with UNPROFOR's intention to set up an observation post in Srebrenica."

 9             The document is sent to the Command of the 28th Division, the

10     army, the land forces.

11             The second paragraph, under number 3, says:

12             "Bearing in mind the above mentioned, and fully understanding the

13     serious negative consequences of the possible setting up of an

14     observation post of UNPROFOR for the Army of Bosnia and Herzegovina

15     (threatening the Zepa corridor) we suggest the following."

16             Actually, my introductory question to you would be as follows.

17     Is it correct that beforehand --

18             JUDGE ORIE:  Mr. Lukic, isn't it true that we have two sets of

19     numbers here and that you were reading from page 1, the first 3, rather

20     than the follow-up 3 --

21             MR. LUKIC:  Yes, Your Honour.  Yes --

22             JUDGE ORIE:  -- because we are now guided to the second page in

23     English where we still have to remain on the first page.

24             MR. LUKIC:  First page; first number 3.

25             JUDGE ORIE:  Yes.

Page 10270

 1             MR. LUKIC: [Interpretation]

 2        Q.   So it correct that beforehand in that location, there was an

 3     observation post and that, for some reason, it was abolished and then an

 4     attempt was made to reinstate it there?

 5        A.   I'm not aware exactly of the location at this moment.  Lozine, is

 6     it in the western part of the enclave or in the southern part of the

 7     enclave?

 8        Q.   Obviously this is an observation post that would threaten the

 9     Zepa corridor.

10        A.   Well, as I stated, Zepa is in the southern part of the enclave,

11     and I think that sometimes we tried to establish a new observation post

12     over there, but the problem was we didn't get the clearance to bring in

13     the material.  And, of course, it was quite simple because when we were

14     there and everybody asked us to be between the two parties, we tried to

15     establish observation posts as possible between the parties.  And I don't

16     have the imagination that the BiH caused problems when we would create an

17     observation post in the south.

18             MR. LUKIC:  Now I think it's time for break.

19             JUDGE ORIE:  We'll take a break.

20             Could the witness follow the usher.

21                           [The witness stands down]

22             JUDGE ORIE:  We take a break and we resume at 20 minutes past

23     midday.

24                           --- Recess taken at 12.00 p.m.

25                           --- On resuming at 12.21 p.m.

Page 10271

 1             JUDGE ORIE:  Can the witness be escorted into the courtroom.

 2             Mr. Lukic, when I'm insisting so much on the legal text

 3     underlying demilitarisation, or whatever, I hope that you'll understand

 4     that it may make a difference whether you violate something you have

 5     agreed upon voluntarily as a party to an agreement or whether you violate

 6     any provision imposed by the Security Council.  That's the reason why,

 7     when we are talking about what parties are supposed to do, why I'm so

 8     insisting on having the proper legal basis available.

 9                           [The witness takes the stand]

10             JUDGE ORIE:  Let's proceed.

11             MR. LUKIC:  To answer shortly to Your Honours, I guess it was

12     regarding the -- the agreement on demilitarisation of Srebrenica in -- in

13     Article 5, if we have P23 on the screen.

14             JUDGE ORIE:  If you want to deal with it with the witness --

15             MR. LUKIC:  No.

16             JUDGE ORIE:  -- then fine.  Then if you say, Could you

17     specifically read paragraph 5 of that --

18             MR. LUKIC:  Five of that --

19             JUDGE ORIE:  Yes, I'll read it.  Yes.

20             MR. LUKIC:  Okay.  And it's -- we need second page in English.

21     It's second-last paragraph inside the paragraph 5, non-combatants.

22             JUDGE ORIE:  Yes.  But did you want to deal with it with the

23     witness.  I said I will read it --

24             MR. LUKIC:  Oh, okay.

25             JUDGE ORIE:  I mean, there's no reason to have it on the screen.

Page 10272

 1             MR. LUKIC: [Overlapping speakers] ...

 2             JUDGE ORIE:  I had it on the screen for a long time, my own

 3     screen.

 4             MR. LUKIC:  Okay, thank you.  I will move on, then.

 5        Q.   [Interpretation] Can we go on, Mr. Rave?

 6        A.   Yes, of course.

 7        Q.   [In English] Okay.  [Interpretation] You saw this document, and

 8     the village of Lozine is mentioned in relation to the corridor.  It's in

 9     the south of the Srebrenica enclave; is that right?

10        A.   As I told you, the name Lozine doesn't ring a bell at this

11     moment.  I should take a look at the map.  But when it is in the south,

12     then I stay to my answer.

13        Q.   Thank you.

14             MR. LUKIC: [Interpretation] Now we'd like to take a look at

15     document -- actually, I would like to tender this previous document,

16     1D104.

17             JUDGE MOLOTO:  I guess it's 904.

18             MR. LUKIC:  904.  Yes, Your Honour.

19             JUDGE ORIE:  Again ...

20             MR. JEREMY:  No objections, Your Honour.

21             JUDGE ORIE:  Madam Registrar.

22             THE REGISTRAR:  Document 1D904 receives number D276,

23     Your Honours.

24             JUDGE ORIE:  D276 is admitted.

25                           [Trial Chamber confers]

Page 10273

 1             MR. LUKIC: [Interpretation] 1D809 [as interpreted].  That is the

 2     document we'd need in e-court now.

 3        Q.   This, roughly, is a document with a content that is similar to

 4     the previous one.  However, here, the General Staff of the Army of

 5     Bosnia-Herzegovina, on the 17th of June, 1995, is issuing an order to the

 6     Command of the 28th Division of the Land Forces.  And the heading is:

 7     "Preparations for offensive combat operations."

 8             In paragraph 1, and paragraphs 2 and 3, we can see the content of

 9     the order, which is basically an order to prepare operations that would

10     be carried out outside the enclave.

11             In conversations with members of the Army of Bosnia-Herzegovina

12     within the enclave, did you receive any information to the effect that

13     these forces were commanded on some occasions by the General Staff of the

14     Army of Bosnia-Herzegovina directly?

15        A.   No.

16        Q.   Obviously this document shows that this is part of a wider

17     military operation; isn't that right?

18        A.   Might be, yes.

19        Q.   Do you know that, at that time, attacks were being launched from

20     the city of Sarajevo with a view to breaking through the Serbian ring

21     around Sarajevo?

22        A.   No, I'm not aware of that because we're talking now on the level

23     far above us.

24        Q.   Thank you.  At that time, you received intelligence -- you had

25     intelligence concerning the locations of tanks of the Army of

Page 10274

 1     Republika Srpska, the locations of cannons, positions, and we saw that

 2     from the testimony that we put to you today, Mr. Franken's testimony.

 3             Did you have any information about where cannons and tanks were

 4     within the enclave, the ones that Mr. Oric spoke of?

 5        A.   No, we didn't.  Because, otherwise, when it was possible, we have

 6     confiscated them and stored them in the Weapons Collection Point.

 7             JUDGE ORIE:  Mr. Lukic, again now, the previous question, you

 8     said:

 9             "At that time you received intelligence" - it's unclear whether

10     you're referring to the witness or to DutchBat - "you had intelligence

11     concerning the locations ... and we saw that from the testimony that we

12     put to you today, Mr. Franken's testimony."

13             This Chamber still has to determine whether what Mr. Franken told

14     in another and which was put to this witness, whether that is accepted

15     for a fact, yes or no.  So the way in which you introduce your questions

16     is not the way you should have done it.  Could you please keep that in

17     mind.  Facts are only facts once the Chamber has evaluated all of the

18     evidence.  Please proceed.  Or when they are agreed between the parties,

19     but ...

20             MR. LUKIC: [Interpretation]

21        Q.   Did I put to you today something that came out of the testimony

22     of Mr. Franken that you would not agree with?

23        A.   Of course, I can't remember exactly what came out of the

24     testimony of Mr. Franken, but I think, within my possibilities, I

25     answered all your questions, so...

Page 10275

 1        Q.   [In English] Okay.  [Interpretation] Did you receive

 2     intelligence, you as a Dutch -- as the Dutch battalion only from your own

 3     sources or did you also use sources outside of the Dutch battalion, such

 4     as UN or perhaps NATO sources?

 5        A.   When you gather intelligence, you get your own intelligence, and,

 6     of course, you use all the intelligence that is available.  So also

 7     reports from our higher echelons gave us intelligence and information.

 8        Q.   Terrain observation in and around Srebrenica was done through

 9     several means, unmanned aircraft, laser surveillance, or personal

10     observation on the part of the members of the Dutch battalion; right?

11     You had all of these at your disposal?

12        A.   No, we hadn't this at our disposal at all.  We had our personal

13     observations, and, as I told you, we have the reports and the

14     intelligence that came from the higher echelons, but we didn't have those

15     means at our own disposal, within the battalion.

16                           [Defence counsel confer]

17             JUDGE ORIE:  No loud speaking, Mr. Mladic.  You should whisper.

18             Please proceed.

19             MR. LUKIC: [Interpretation]

20        Q.   Did you know that the Bosniak side, the Muslim side, tried to

21     bribe members of the DutchBat into not reporting on the weapons that were

22     detected and into allowing the supplies of weapons to come into

23     Srebrenica?

24        A.   No.

25             MR. LUKIC: [Interpretation] Let's have a look at 1D883, another

Page 10276

 1     document connected to this topic.

 2        Q.   This is a document issued by the Command of the 2nd Corps of the

 3     Army of Republic of Bosnia and -- Bosnia-Herzegovina, dated the

 4     8th of July, 1995, which was precisely the time when the VRS operation

 5     directed at Srebrenica began.  It's a report on combat results of the

 6     units and commands of the 28th Division of the land forces of the

 7     2nd Corps of the Army of Bosnia-Herzegovina.

 8             Under bullet point 1, it is stated that 60 Chetniks were killed,

 9     "and, according to unconfirmed reports, the aggressor suffered even

10     greater losses and had many wounded."

11             It's yet another operation of the 28th Division outside of the

12     enclave of Srebrenica.

13             Beneath the bullet points, the following paragraph reads:

14             "In the village of Visnjica, large quantities of ammunition were

15     seized but the soldiers were exhausted and could not pull out more.

16     Therefore, the ammunition was destroyed as were all the facilities that

17     the aggressor could have used for military purposes."

18             Do you know that, at that time, a heinous crime was committed by

19     the BH army in this village where all the houses were torched and the

20     entire population was killed?  Did you have this sort of intelligence?

21        A.   The first thing I want to answer that the attack on the enclave

22     was not started on 8th of July but before, when OP Echo was targeted.  I

23     think then started the operation to go into the enclave of Srebrenica.

24     And further on, I'm not aware of the things you just mentioned that are

25     in this document.

Page 10277

 1             JUDGE ORIE:  Mr. Lukic, it took you three minutes and a half to

 2     introduce a question, just are you aware of a horrible crime committed in

 3     Visnjica, which -- and then we are not here to educate the witness about

 4     what is contained in the reports of the BiH but we are here to hear his

 5     evidence.

 6             Three and a half minutes you took it to set out where the

 7     question was answered in the negative, so there was no need to do that.

 8             Please proceed, and keep this in mind.

 9             MR. LUKIC:  I will.

10        Q.   [Interpretation] You say that the operation by the Serbian --

11     Serb forces began earlier.  But can we then agree that, at the same time

12     as the VRS operation commenced directed at Srebrenica, the forces within

13     Srebrenica not only were capable of mounting a defence but also of

14     mounting offensive activities outside of the enclave?

15        A.   As the attack on OP Echo started, we tried to deter the attack.

16     At that same moment also operational activities within the enclave from

17     the Muslim side took place.  We tried to stop them, tried to avoid it,

18     because we didn't want to level the tension more than it was already.  So

19     we tried to get in contact with both parties and both parties to stop the

20     confrontations from both sides.

21             JUDGE ORIE:  Yes.  Now the question was a different one.  The

22     question was whether, at the time, as you said, the operation -- the

23     Serbian operation started, whether you were aware of the Muslim forces

24     undertaking operations outside the enclave.

25             THE WITNESS:  The only awareness we had was the information we

Page 10278

 1     got from the Serb side that they told us that the Muslims were taking

 2     actions out of the -- outside the enclave.  But that's the only thing we

 3     were aware of, told by them.

 4             JUDGE ORIE:  Please proceed, Mr. Lukic.

 5             MR. LUKIC: [Interpretation] Thank you.

 6        Q.   This order and others like it issued by the BH army is not

 7     something that you ever seen; right?

 8        A.   That's correct.

 9        Q.   In your view, did the members of the 28th Division that you held

10     meetings with in Srebrenica have the duty to show such orders to you?

11        A.   No.

12        Q.   Did you ask them to show you the plans and effects of their

13     military operations?

14        A.   When you're not aware of plans, you can't ask them.

15        Q.   Where you knew of the operations that were unfolding, that you

16     were informed about by members of the VRS, did you ask the members of the

17     BH army --

18             JUDGE ORIE:  Mr. Lukic, it's clear the witness, if he says you

19     can't ask them whether that's true or not.  He didn't.  That's the gist

20     of the answer.  The witness also could have said, I didn't ask them and

21     then ...

22             Please proceed.

23             Under no circumstances did you ever ask for such plans?

24             THE WITNESS:  No, because we didn't know that they existed.

25             JUDGE ORIE:  No, but sometimes you can ask for something --

Page 10279

 1             THE WITNESS: [Overlapping speakers] ...

 2             JUDGE ORIE:  -- you are not sure that it does exist, but that

 3     asking for it also is instrumental to gaining knowledge of possible

 4     existence.  But let's not deal with that.  The witness never asked.

 5             MR. LUKIC: [Interpretation.

 6        Q.   Let us now discuss your freedom of movement; that is to say, the

 7     freedom of movement of the DutchBat across the enclave of Srebrenica.

 8             Up until one point, your DutchBat members enjoyed the freedom of

 9     movement around the enclave; right?

10        A.   We had no freedom movement around the enclave, only inside the

11     enclave.

12        Q.   That was my question, yes.

13             At one point, however, you were deprived of the freedom of

14     movement throughout the enclave; is that right?

15        A.   I don't know what you mean.  When, or when, or what?

16             JUDGE ORIE:  Mr. Lukic, were you -- did you want to know whether

17     there was no freedom of movement throughout the enclave or that the

18     freedom of movement within the enclave was not complete?

19             MR. LUKIC:  Within the enclave.

20             JUDGE ORIE:  Within the enclave.

21             Was there a time when you were not able to freely move around

22     within the enclave?

23             THE WITNESS:  Yes, there was a time.  I think it was the end of

24     January, the beginning of February, that a part in the west enclave of

25     the enclave our freedom of movement was restricted.

Page 10280

 1             MR. LUKIC: [Interpretation.

 2        Q.   You were no longer able to gain access to an area called the

 3     Bandera triangle; right?

 4        A.   That's correct.

 5             JUDGE ORIE:  Yes, is there any dispute about the lack of freedom

 6     of movement, because we've heard a lot of evidence, even elicited by the

 7     Prosecution, that freedom of movement was not complete and that,

 8     especially in the Bandera triangle, that there was no access for the

 9     DutchBat.

10             MR. McCLOSKEY:  There really isn't, Mr. President.  This is the

11     same material that we've heard before.  They were disallowed access,

12     especially by Zulfo Tursunovic's units in the Bandera triangle.

13             JUDGE ORIE:  Yes, so there no dispute about that.

14             MR. McCLOSKEY:  No.  In fact, there's no dispute about much of

15     this.  If there's any wish to make any agreements on the policy of the

16     BiH, their attacks outside of the enclave, many of these things were also

17     dealt with in the open statement.  We pointed them out ourselves.

18             JUDGE ORIE:  Yes.  Mr. Lukic, so therefore there's no -- unless

19     there's anything new you want to explore.  We've heard this evidence a

20     couple of times.  There's no dispute about it, so let's use our time

21     best.

22             MR. LUKIC:  I'll move on.

23             [Interpretation] Let us now look at 1D892.

24             [In English] I just checked, but this is also the same area, so I

25     will not continue with this document, since it's also Bandera triangle.

Page 10281

 1             JUDGE ORIE:  Then please move on.

 2             MR. LUKIC: [Interpretation.

 3        Q.   Can we agree -- this is the question.  Is it true that ... since

 4     you did not have access to the Bandera triangle --

 5             JUDGE ORIE:  Mr. Lukic, there's another good reason not to use

 6     the last document because the translation is not a translation of the

 7     same document.  You have two different documents in the English and the

 8     B/C/S.  So if you want to use it ever in the future, take care that the

 9     two are corresponding.

10             MR. LUKIC:  Thank you, Your Honour.

11        Q.   [Interpretation] Is it correct that since you did not have access

12     to the Bandera triangle area, you were not aware of the activities

13     unfolding there?  And I mean the activities undertaken by the BH army.

14        A.   When you're not there, you can't see anything, so we weren't

15     aware what was going on over there.

16        Q.   But there can be other sources other than physical presence.  You

17     are telling us that you weren't aware of what was happening in the

18     Bandera triangle.

19        A.   That's correct.

20        Q.   Thank you.  Is it also correct that an official decision was

21     taken within UNPROFOR to agree to there being no patrols within the

22     Bandera triangle?  Is there such an agreement on the part of UNPROFOR?

23        A.   Speaking about UNPROFOR, I think you mean with the Dutch

24     battalion?

25        Q.   [In English] DutchBat.  [No interpretation].

Page 10282

 1        A.   I don't think there was an agreement, because all the time we

 2     tried to get in our patrols and to get access to the area.

 3        Q.   [Interpretation] Is it correct that the commander of the DutchBat

 4     ordered his troops not to patrol in that area?

 5             JUDGE ORIE:  What's the difference between this one and the

 6     previous question, Mr. Lukic?

 7             MR. LUKIC:  The agreement might be in between maybe UNPROFOR and

 8     Muslim side and obviously there was an order.  And to be more clear, I'll

 9     call 1D887 --

10             JUDGE ORIE:  Mr. --

11             MR. LUKIC:  -- to the e-court.  We need page 3.  It's testimony

12     of this witness in Tolimir case.

13             JUDGE ORIE:  Then go to -- to -- to what -- because you are

14     talking about an official decision was taken within UNPROFOR to agree --

15     unknown to agree with whom.  It's all -- it lacks precision in your

16     questions, Mr. Lukic.

17             MR. LUKIC:  That's --

18             JUDGE ORIE:  But let's then move to what you want to put to the

19     witness.

20             MR. LUKIC:  Yes.  We need page 3.  It should correspond to page

21     6820 from transcript from Tolimir case.  And we need lines 12 to 18.  I

22     quote:

23             "Can you tell us, finally, who decided you should not patrol in

24     the Bandera triangle?

25             "A.  Of course, I got my orders from the commander of the Dutch

Page 10283

 1     battalion in the enclave and it might be possible that he got the orders

 2     from commander UNPROFOR, but I really don't know.  I know that finally

 3     the commander of DutchBat ordered his troops not to patrol in the area."

 4        Q.   [Interpretation] Therefore, is it correct, and do you stand by

 5     this testimony in the Tolimir case, that the commander of the Dutch

 6     battalion ordered his troops not to patrol in the area of the Bandera

 7     triangle?

 8        A.   I think when I stated this in Tolimir case, of course, but you

 9     can also seen in line 18, "Although we tried it several times ..."

10             And I don't know at what moment the order was given not to patrol

11     there.  And my opinion now is that we tried all the time to get access to

12     that area, not only by patrolling there, and I don't know at what moment

13     the commander of the Dutch battalion took the position not to go in.

14        Q.   So does your statement that the commander of the Dutch battalion

15     issued such an order to his troops still stand, or does it not stand

16     anymore?

17        A.   Yeah, in my opinion, it might be well possible that the commander

18     ordered not to patrol in the area.  But I don't know for how long, but

19     it's possible, yes.  I stay to this statement.

20             MR. LUKIC:  I'm closing to an end, just to inform everybody.

21     I'll just go through my documents and see if I have some -- any last

22     questions.  Give me one minute.

23             JUDGE ORIE:  Please do so.

24             MR. LUKIC:  Only I want to inform Your Honours that we were

25     informed by the Prosecution yesterday that this ultimatum we discussed

Page 10284

 1     yesterday was located among 65 ter Prosecutor's documents and it's 05751.

 2     So ... it's basically --

 3             JUDGE ORIE:  If the parties think it useful and to have it in

 4     evidence, because there have been several references to an ultimatum,

 5     then --

 6             MR. LUKIC:  At least we would propose.

 7             JUDGE ORIE:  Could it be tendered from the bar table?

 8             MR. JEREMY:  Yes, Your Honour.

 9             JUDGE ORIE:  Mr. Lukic.

10             MR. LUKIC:  Yes --

11             JUDGE ORIE:  The ultimatum.  You can tender it from the bar table

12     now if you wish or if you leave it to Mr. Jeremy.

13             MR. LUKIC:  I have to clarify something with the witness from

14     this document.

15             JUDGE ORIE:  Okay.  Then put it on the screen and then we'll see

16     it.  And the -- already there's no objections against it to be admitted.

17             Madam Registrar, you have identified the document, 65 ter 05751.

18             MR. LUKIC:  That's it.

19             JUDGE ORIE:  Which page do you need, Mr. Lukic?

20             MR. LUKIC:  First -- first page to see the -- so the witness can

21     see the first page and familiarise himself with the first page.  And then

22     we need the second page.

23             Can we see the second page, please.

24        Q.   [Interpretation] In this ultimatum, it is stated --

25             MR. LUKIC:  I'll read it in English so -- then I can ask the

Page 10285

 1     question.

 2             "The Bosnian Serb army resumed attacks against the Srebrenica

 3     enclave on Friday, 7th July 1995.  Firing indiscriminately into the safe

 4     area and directly targeting UN facilities causing several civilian

 5     deaths."

 6        Q.   [Interpretation] Which date is this?  When was it hit?  Was the

 7     7th?  The 8th?  The 9th?  Or the 10th of July?  And did, on any of these

 8     days, a shell ever fall on the DutchBat compound?

 9        A.   I think you refer now to the shell that fell on the compound on

10     the Bravo Company on the 11th.  I'm not aware of other shells in advance

11     of that.

12             JUDGE ORIE:  But, Mr. Lukic, it says "targeting UN facilities"

13     and not limited to the compound.

14             Are you aware of any -- any facilities having been target on

15     Friday, the 7th of July or any earlier?  UN facilities.

16             THE WITNESS:  Earlier, for sure, of course, because the attack on

17     OP Echo started in -- earlier than the 7th, I think.  And after that,

18     also OP Foxtrot was attacked, and I think it started on the 7th of

19     July with the attack on OP Foxtrot when a Serbian tank fired on the --

20             JUDGE ORIE:  Mr. Mladic should remain seated.

21             THE WITNESS:  When the Serbian tank fired on OP Foxtrot, I think

22     it was on the 7th.

23             JUDGE ORIE:  Yes.  So there has been -- Mr. Lukic, I'm trying to

24     follow the text of what it is.

25             Yes, please proceed.

Page 10286

 1             MR. LUKIC: [Interpretation]

 2        Q.   Do you know that the death of any civilian had been caused during

 3     any one of these attacks or situations when fire was opened at UN

 4     facilities, as is stated here?

 5        A.   I don't know what the target was, but I know in those periods --

 6     or in this period several civilians were killed.  And I don't know if

 7     they were killed while they were in the vicinity of a UN facility or

 8     somewhere else, and I don't know what the aim of the shooting was and

 9     what the target was.

10        Q.   Do you know where this information came from?  The information

11     that is included in this ultimatum.

12        A.   No, I don't know.

13        Q.   Just this.  Do you know -- this is a document of the 9th of July,

14     1995, as I see it.

15             MR. LUKIC: [Interpretation] Could we please just see the first

16     page of this document.

17        Q.   This is my question:  Can you tell us what the date of this

18     document is?  Is the document itself dated the 9th of July, 1995?

19        A.   As far as I can see, it's -- it's the 9th of July, 1995.

20        Q.   Thank you.  We have information that throughout this period in

21     Srebrenica, only one civilian passed away.  Do you have different

22     information?  Is there more than one civilian fatality throughout that

23     period?

24             JUDGE MOLOTO: [Microphone not activated] Throughout which period,

25     Mr. Lukic?

Page 10287

 1             JUDGE ORIE:  What's your period, Mr. Lukic?

 2             MR. LUKIC:  As of 2nd of July, 1995.

 3             JUDGE ORIE:  Last week -- one week before the 9th.

 4             MR. LUKIC:  One week before till the 13th.

 5             JUDGE ORIE:  You said that in this period several civilians died.

 6     What period did you have in mind?

 7             THE WITNESS:  I should have a look in my diary, because I think

 8     in my diaries, I got some information about shellings and casualties.

 9             JUDGE ORIE:  Yes.  Before you consult your diaries -- no problem,

10     Mr. Lukic?

11             MR. LUKIC:  We don't have any problem.

12             JUDGE ORIE:  No problem, Mr. Jeremy?

13             MR. JEREMY:  No, Your Honour.

14             JUDGE ORIE:  Please.  You -- you may consult your diary.

15             THE WITNESS:  I've got here in my diary on the 7th of July, in

16     the morning, some artillery fire results some casualties, civilians, in

17     Potocari and Srebrenica and possible death.  In Srebrenica yesterday, so

18     the 6th of July, in the centre, a grenade.  For sure, one death and seven

19     wounded.  So ...

20             I don't have to go through it all, but ...

21             JUDGE ORIE:  Well, depends.  Mr. Lukic, apparently the witness

22     his recollection is based on and can be confirmed to some extent by what

23     he wrote at the time.  I don't know whether you want to further pursue

24     the matter or whether you want to move on.

25             MR. LUKIC:  I think that we have confirmed one death from these

Page 10288

 1     note the as well.

 2             JUDGE ORIE:  And one possible death.  Yes.

 3             MR. LUKIC:  But not confirmed, as I understood.

 4             JUDGE ORIE:  I leave it to you whether you want -- of course, the

 5     witness could go back in his diary and see whether there are more.  If

 6     you insist, but, at the same time ...

 7             MR. LUKIC:  We will -- actually, just ask one more question.

 8        Q.   [Interpretation] What are your sources of information concerning

 9     that?  Namely, that civilians were injured and that there is the

10     possibility of certain deaths.  What is your source of information?

11             JUDGE ORIE:  There's one dead and one possible death, Mr. Lukic.

12     We should quote the witness in accordance with his testimony.

13             THE WITNESS:  About the victims of shelling, I don't know what

14     the sources were, specifically in this case, but the sources I usually

15     had when I wrote this down was either from the MSF, either from the UNMOs

16     or from the Dutch battalion.

17             MR. LUKIC:

18        Q.   Okay.

19             JUDGE ORIE:  Including personal observation.

20             THE WITNESS:  No personal observation.

21             JUDGE ORIE:  Thank you.

22             MR. LUKIC:  Thank you.

23        Q.   [Interpretation] Now I'd just like to ask you something very

24     briefly about Naser Oric.

25             You know who he is, don't you?

Page 10289

 1        A.   Yes, I do.

 2        Q.   Do you know when and how Naser Oric left Srebrenica?  Also, do

 3     you know whether that was done with UN assistance?

 4        A.   Starting with part number 3 of your question, it was not done

 5     with UN assistance.  I think that last time we spoke to him was in March,

 6     and I have to check in my diary, because, after that, we dealt with

 7     Mr. Becirovic, Ramiz.  So from March or the beginning of April, he

 8     disappeared from the enclave and I don't know how.

 9                           [Defence counsel confer]

10             JUDGE ORIE:  Mr. Mladic should remain seated.  And should speak

11     not aloud.

12                           [Trial Chamber confers]

13             MR. LUKIC:  We have the book of Srebrenica stills.  And on the

14     insistence of my client, I will show one photograph to the witness.

15             JUDGE ORIE:  Yes.

16             MR. LUKIC:  I don't know the name -- the number of the exhibit.

17     It's trial video Srebrenica stills.

18             JUDGE ORIE:  Which is number ...?

19             THE REGISTRAR:  It should be P1148, Your Honours.

20             JUDGE ORIE:  And perhaps, Mr. McCloskey could assist you.  What

21     is the picture you would like to put to this witness?

22             MR. LUKIC:  Since I didn't prepare this one --

23             JUDGE ORIE:  Yes, I do understand but if you say what it --

24             MR. LUKIC:  It's page 41 in the book.  I don't know in e-court,

25     probably --

Page 10290

 1             JUDGE ORIE:  Most likely some 10 or 12 pages further.

 2             MR. LUKIC:  Yes.

 3             MR. JEREMY:  Your Honours, I think it's e-court page 53.

 4             MR. LUKIC:  Thank you.

 5             JUDGE ORIE:  53.  But ... 1148 is -- isn't that the video?  No.

 6     It's -- okay.

 7             MR. LUKIC:  That's -- that's the picture I'm looking for.

 8             JUDGE ORIE:  Yes.  Then ask your question, Mr. Lukic.

 9             MR. LUKIC:  Yes.

10        Q.   [Interpretation] We see here that what is stated is that it's the

11     town of Srebrenica, the 12th of July, 1995, and what is documented is a

12     body in the street.  Probably in Srebrenica.

13             Do you have any information about this man?  And do you know

14     where he lost his life and what his name was?

15        A.   No.

16             MR. LUKIC:  That was my question --

17             JUDGE ORIE:  Mr. Lukic, no further questions.

18             MR. LUKIC:  No further questions.

19             JUDGE ORIE:  Yes.

20             Mr. Jeremy, could you give us an indication as to how much time

21     you'd need.

22             MR. JEREMY:  Less than 15 minutes, Your Honour.

23             JUDGE ORIE:  Less than 15 minutes.  Is that ten or five?  Both

24     are less than 15 minutes.

25             MR. JEREMY:  I would say between 10 and 15 minutes.

Page 10291

 1             JUDGE ORIE:  Between 10 and 15 minutes.  Then I suggest that we

 2     take the break first.  Then you have 10 to 15 minutes and then there is

 3     close to half an hour left for the next witness to come and start his

 4     testimony.

 5             We'd like to see you back after the break.  As you may have

 6     understood, we'll conclude your testimony today, Mr. Rave.  You may

 7     follow the usher.

 8                           [The witness stands down]

 9             JUDGE ORIE:  We take a break, and we resume at 25 minutes

10     to 2.00.

11                           --- Recess taken at 1.15 p.m.

12                           --- On resuming at 1.36 p.m.

13             JUDGE ORIE:  Could the witness be escorted into the courtroom.

14                           [The witness takes the stand]

15             JUDGE ORIE:  Mr. Rave, you'll now be re-examined by Mr. Jeremy.

16             Mr. Jeremy, you may proceed.

17             MR. JEREMY:  Thank you, Your Honours.

18             Could we please call to the screen 65 ter 05751.  That's the

19     ultimatum document we were discussing just before the break.

20                           Re-examination by Mr. Jeremy:

21        Q.   Mr. Rave, on page 1 of this document, the following is written:

22             "Attached is the final version of the warning to the Bosnian

23     Serbs.  We have sent it as a CAP SAT to General Mladic and we will issue

24     it as a press statement."

25             My question for you is:  What is a CAP SAT?

Page 10292

 1        A.   A CAP SAT is a communication via the satellite, so that was the

 2     only communication over bigger distances to use.

 3             MR. JEREMY:  And, Your Honours, I tender that document now.

 4             JUDGE ORIE:  Madam Registrar.

 5             THE REGISTRAR:  Document 05751 receives number P1152,

 6     Your Honours.

 7             JUDGE ORIE:  And is admitted into evidence.

 8             THE WITNESS:  Maybe I can add something we had before about the

 9     ultimatum.  We were speaking about the ultimatum and targeting UN

10     facilities.  I looked in my diary and found out that on the 6th of July,

11     three tank rounds were fired on the OP Foxtrot, so in advance of the date

12     of the 7th.  And also on the 6th of July, rockets, artillery and mortar

13     grenades were fired into the enclave, and I found by myself a 14-year-old

14     boy who was wounded in the vicinity of Potocari.  And at that same

15     moment, they told me that a 15-year-old girl was died.  So I didn't see

16     it myself but that is information from the local population.

17             JUDGE ORIE:  Thank you.

18             Please proceed, Mr. Jeremy.

19             MR. JEREMY:

20        Q.   Mr. Rave, during cross-examination yesterday at T -- transcript

21     page 10204 and 10217, and also again today at transcript page 41 and 50,

22     you spoke about the -- the fall or the -- and the takeover of OP Echo.

23     In a sentence or two, could you describe what you are referring to by the

24     fall or the takeover of OP Echo?

25        A.   Well, OP Echo was attacked in advance in the end of the May.

Page 10293

 1     Colonel Vukovic and Major Nikolic talked to us because they wanted to use

 2     the road on which OP Echo was in the southern part of the enclave.  And I

 3     don't know the exact date, but at a certain moment, I think about more

 4     than 100 VRS soldiers attacked the OP with several types of weapons,

 5     kicked out the manning of the OP and took it over.

 6             MR. JEREMY:  Your Honours, I would ask the Court Officer to

 7     please bring up 65 ter 05696.

 8        Q.   And while this is being brought up, this is a Drina Corps order

 9     dated the 2nd of June, 1995, to the command of the Bratunac Brigade and

10     the commander of the Manoeuvre Battalion of the Drina Corps relating to

11     the taking control of Zeleni Jadar area.  It's signed by Major-General

12     Milenko Zivanovic.

13             Mr. Rave, in paragraph 1 of the document, there's an order to the

14     battalion's deputy commander to "ensure full combat readiness towards

15     enemy and toward UNPROFOR check-point by 0500 on the 3rd of June."

16             Halfway down the second page in the English version, we see an

17     order for Legenda's soldiers to carefully approach the UNPROFOR location.

18     That's ... the quote goes on to say:

19             "This is the moment in which UNPROFOR is expected to surrender.

20     If the UNPROFOR continue threatening to use weapons towards Legenda, use

21     a Zolja to neutralise a personnel carrier."

22             It further goes on to say:

23             "Legenda and Petrovic shall take control of the UNPROFOR

24     check-point."

25             Mr. Rave, are you aware of which UNPROFOR check-points this order

Page 10294

 1     is referring to?

 2        A.   As I see this and I see the time schedule, the -- should be

 3     OP Echo.

 4        Q.   And are you aware of what a Zolja is?

 5        A.   No.  But when they want to neutralise a personnel carrier, I

 6     think it's in -- RPG, rocket-propelled grenade, was one of things that is

 7     able to neutralise an APC.

 8             MR. JEREMY:  And, Your Honours, I tender that document as the

 9     next Prosecution exhibit.

10             JUDGE ORIE:  No objections.  Madam Registrar.

11             THE REGISTRAR:  Document 05696 receives number P1153,

12     Your Honours.

13             JUDGE ORIE:  And is admitted into evidence.

14             MR. JEREMY:

15        Q.   Mr. Rave, in relation to the same topic, I'd like to show you

16     another document and this is the Dutch debriefing document that we saw

17     yesterday, 65 ter 17353.

18             MR. JEREMY:  If we can go to page 16 in the -- in e-court in

19     English and 21 in the B/C/S.  That's paragraph 2.47 on page 15 of the

20     document.

21        Q.   And from the third line onwards this reads as follows:

22             "On the 3rd of June, OP E was attacked by the BSA using handheld

23     weapons, mortars and anti-tank weapons.  OP E was surrendered and two new

24     OP Es (OP S and OP U) were immediately set up to take over the task of

25     OP E.  From then onwards, DutchBat were no longer able to disarm BiH

Page 10295

 1     soldiers, as there was ultimately no co-operation whatsoever from the

 2     local authorities (including the local civilian [sic] police)."

 3             Mr. Rave, does the paragraph that I have read out comport with

 4     your recollection of events?

 5        A.   Yes, that's correct.

 6        Q.   And was this attack on a DutchBat observation post part of an

 7     isolated incident or was it part of a pattern of attacks by the VRS?

 8        A.   I think from that moment on the attack on the enclave started.

 9     It was a try-out what the reactions from UNPROFOR would be, because in

10     advance of this attack they asked us to surrender and to hand over the

11     OP, at least the location.  We told them at that moment that we wouldn't

12     do that, and eventually asked for close air support when the OP was

13     attacked.  Well, at the end, they attacked the OP.  I think we asked for

14     close air support but nothing happened.  So they had the confirmation, in

15     my opinion, what they wanted.

16             MR. JEREMY:  And, Your Honours, in relation to this debriefing

17     document, it's clear that it's been used by Defence and Prosecution so

18     there are a number of relevant sections.  It is, however, 101 pages long,

19     so I don't propose tendering that now, but my intention is to discuss the

20     document with Mr. Lukic and the Defence and come to agreement on what

21     paragraphs in that document we would tender to the Chamber.

22             JUDGE ORIE:  Yes.  Until now, I think quotes were always given,

23     so we have a full record at this moment.  But if the parties can agree on

24     a selection to be tendered, then the Chamber is waiting to see the result

25     of your conversations.

Page 10296

 1             JUDGE MOLOTO:  If I may just ask for clarification on this page.

 2             Mr. Rave, third line from the bottom of that page, it says:

 3     "Able to disarm BiH soldiers ..."

 4             Are you able to tell us what BiH soldiers mean here?  Is it

 5     Bosnian Serbs or the ABiH?

 6             THE WITNESS:  The ABiH soldiers in the enclave.  At least at that

 7     moment, some of them in uniforms, others in civilian clothes, who acted

 8     as the Bosnian Muslims who defended the enclave.

 9             JUDGE MOLOTO:  Thank you so much.

10             MR. JEREMY:

11        Q.   Mr. Rave, moving to my last question --

12             MR. JEREMY:  Can I ask that P793 be brought to our screens.

13             This is a -- this document is a DutchBat report from Srebrenica.

14     I'd like to go to page 4 of that document in the original and in the

15     B/C/S.

16        Q.   Mr. Rave, if I can draw your attention to the middle of the page,

17     where it says:

18             "Srebrenica update:  DTG1131100B, July 1995."

19             Can you interpret the date and time for us of that?

20        A.   It's the 13th of July, 11.00.

21             MR. JEREMY:  And can we next go to page 5 of that document.

22             JUDGE ORIE:  Mr. Jeremy, I think it's now the 10th or the 15th

23     time that we ask witnesses to explain what the date, time, group is.

24     That is -- everyone in this courtroom should now be aware of it and we

25     can avoid it for the future.

Page 10297

 1             MR. JEREMY:  And, Your Honours, I should take this opportunity to

 2     note that this question relates to the Bandera triangle which was

 3     discussed with this witness today at temporary transcript page 55,

 4     cross-examination.

 5             JUDGE ORIE:  Of course, now I did stop -- well, I didn't stop

 6     Mr. Lukic, but I very much encouraged him only to explore new matters.

 7     If it is a matter which, as Mr. McCloskey told us, is not in dispute,

 8     then we should refrain from responding to what Mr. Lukic left out.

 9             MR. JEREMY:  The question is in a different category,

10     Your Honour.

11             JUDGE ORIE:  Different category, okay.

12             MR. JEREMY:

13        Q.   Mr. Rave, if I can refer your attention to page 5 and I'd like to

14     draw your attention to the particular passage which states:

15             "The number of BiH soldiers that are taken POW by the Bosnian

16     Serb Army is not known yet, but General Mladic told the UNMO team and the

17     CO DutchBat that the BiH have several hundred dead soldiers in the area

18     of the Bandera triangle."

19             My question is:  Apart from this statement from General Mladic,

20     were you aware of any information from your DutchBat sources that there

21     were several hundred dead BiH soldiers in the area of the Bandera

22     triangle?

23        A.   Not from sources within the -- the battalion, but General Mladic

24     himself told me that in the north-western part and not only inside the

25     enclave but also outside the enclave, lots of Muslims were killed and we

Page 10298

 1     had to stop this because also a lot of VRS soldiers were killed.

 2             So that's the only information I've got now.

 3        Q.   Thank you.

 4             MR. JEREMY:  And thank you, Your Honours.  I've no further

 5     questions.

 6             JUDGE ORIE:  Thank you, Mr. Jeremy.

 7                           [Trial Chamber confers]

 8             JUDGE ORIE:  Since the Bench has no questions, questions in

 9     re-examination have not triggered any -- have not triggered any further

10     questions by the Defence.

11             Mr. -- one second, please.

12                           [Trial Chamber confers]

13                           [Defence counsel confer]

14             JUDGE ORIE:  Mr. Mladic is supposed to be seated now.

15             Mr. Rave, we -- first of all, I'd like to thank you very much for

16     coming and having answered all the questions that were put to you by the

17     parties and by the Bench.  This concludes your testimony.  I wish you a

18     safe return home again.  But before doing so, we received a message

19     through the Victims and Witness Section.  We'll pay proper attention to

20     that.

21             THE WITNESS:  Thank you.

22             JUDGE ORIE:  You -- you may follow the usher.

23                           [The witness withdrew]

24             JUDGE ORIE:  Before I invite the Prosecution to call its next

25     witness, Mr. Lukic, through VWS, the Chamber has received information

Page 10299

 1     about inappropriate gestures made by the accused to this witness.  We'll

 2     verify that.  We have an opportunity to do so.  But just, it was

 3     relatively at the end of the previous session.  We preferred first to

 4     conclude the testimony of the witness and then to find out what the

 5     gestures were and to verify whether the witness described them

 6     accurately.  And the Chamber will consider whether any consequences will

 7     be attached to it.

 8             I leave it to that at this moment.

 9             Is the Prosecution ready to call its next witness?

10             MR. McCLOSKEY:  Yes, Mr. President.

11             JUDGE ORIE:  Mr. McCloskey -- could the -- the witness may be

12     escorted into the courtroom.

13                           [Trial Chamber confers]

14             JUDGE ORIE:  Mr. Jeremy.

15             MR. JEREMY:  Your Honours, may I be excused?

16             JUDGE ORIE:  You are excused, Mr. Jeremy.

17             Mr. McCloskey, no protective measures; 92 ter?

18                           [The witness entered court]

19             JUDGE ORIE:  Good afternoon, Mr. Van Duijn.  Before you give

20     evidence, the Rules require that you make a solemn declaration.  May I

21     invite you to make that solemn declaration of which the text is now

22     handed out to you by the usher.

23             THE WITNESS:  I solemnly declare that I will speak the truth, the

24     whole truth, and nothing but the truth.

25             JUDGE ORIE:  Thank you, Mr. Van Duijn.  Please be seated.

Page 10300

 1             Mr. Van Duijn, we have only 20 minutes left today and we'll

 2     continue tomorrow but we didn't want to lose any time.  Therefore you

 3     will now be first examined by Mr. McCloskey.  Mr. McCloskey is counsel

 4     for the Prosecution.

 5             Mr. McCloskey, please proceed.

 6             MR. McCLOSKEY:  Thank you, Mr. President.

 7                           WITNESS:  LEENDERT VAN DUIJN

 8                           Examination by Mr. McCloskey:

 9        Q.   Good afternoon.

10        A.   Good afternoon.

11        Q.   Could you please state your full name and your current position

12     or title.

13        A.   My name is Leendert Van Duijn.  I'm actually now a commissioner

14     of the police, the Dutch national police.

15        Q.   And have you had a chance to review your testimony from the

16     Popovic trial of 27 to 29 September, 2006?

17        A.   Yes, I've had the opportunity, yes.

18        Q.   And if you were asked the same questions that you were asked

19     then, would your answers be substantially the same?

20        A.   Yes, they would be the same.

21        Q.   And did you provide that -- that testimony, was it true and

22     correct?

23        A.   It was true and correct.

24        Q.   Thank you.

25             MR. McCLOSKEY:  Mr. President, I have the reduced excerpts of

Page 10301

 1     that transcript, the 46 pages that I would like to offer into evidence -

 2     it's 28794 - along with the associated exhibits that are noted in the

 3     filing.

 4             MR. IVETIC:  No new objections beyond that which was in the

 5     Rule 92 ter response that was filed by the Defence, Your Honours.

 6                           [Trial Chamber confers]

 7             JUDGE ORIE:  Mr. McCloskey, one of the reasons why the Chamber

 8     prefers not transcript testimonies but rather statements is because

 9     they're usually very lengthy.  This one is relatively limited excerpts.

10     That doesn't mean that our guidance is not still valid and I said

11     something about it recently.  Please take that seriously, but, at this

12     moment, we'll admit into evidence the transcript under Rule 92 ter.

13             Madam Registrar, the number would be ...?

14             THE REGISTRAR:  Document 28794 receives number P1154,

15     Your Honours.

16             JUDGE ORIE:  P1154 is admitted into evidence.  Associated

17     exhibits, Mr. McCloskey, are ...?

18             MR. McCLOSKEY:  Yes, they -- they --

19             JUDGE ORIE:  Were they not reduced in number?

20             MR. McCLOSKEY:  They were noted as 65 ter number 05177.  It

21     was -- and 153584, a few important photographs and an aerial image which

22     are noted in the -- on the filing.

23             JUDGE ORIE:  Any objections?

24             MR. IVETIC:  No, Your Honour.

25             JUDGE ORIE:  Madam Registrar.

Page 10302

 1             THE REGISTRAR:  Document 05177 receives number P1155,

 2     Your Honours.

 3             JUDGE ORIE:  And is admitted into evidence.

 4             THE REGISTRAR:  And document 13584 receives number P1156,

 5     Your Honours.

 6             JUDGE ORIE:  Also admitted into evidence.

 7             Please proceed, Mr. McCloskey.

 8             MR. McCLOSKEY:  And if I may, I'll read a short summary.

 9             JUDGE ORIE:  You've explained to the witness the purpose of it?

10             MR. McCLOSKEY:  Yes, Mr. President.

11             JUDGE MOLOTO: [Microphone not activated].  You talked of an

12     aerial image.  I see it's a separate 65 ter number.  Aren't you tendering

13     that one?  13750?

14             MR. McCLOSKEY:  The number of the aerial image should be 13584.

15             JUDGE MOLOTO:  I beg your pardon.  It's duplicated.  Thank you.

16             MR. McCLOSKEY:  From sometime in January through the

17     21st of July, 1995, Leen Van Duijn was a first lieutenant and platoon

18     commander in the Royal Dutch Army and a member of the DutchBat contingent

19     of the United Nations Protection Force assigned to the Srebrenica

20     enclave.  The witness described the restrictions of the supply convoys to

21     the Srebrenica enclave imposed by the VRS and explained how this affected

22     DutchBat's ability to do their job and protect the enclave.

23             On 9 and 10 July, he was ordered to take two APCs and set up

24     blocking positions in the south of the enclave, in order to block the VRS

25     advance on the enclave.  While taking up various positions along the

Page 10303

 1     road, his APCs were targeted by the VRS numerous times, forcing him to

 2     move steadily back towards the town of Srebrenica.

 3             On 11 July, he withdrew to the UN base in Srebrenica and was

 4     eventually ordered to withdraw back to the UN base in Potocari.

 5             On 12 and 13 July, he was assigned to the Potocari area where he

 6     was in charge of assisting the thousands of Muslim refugees who had

 7     gathered there.  During this time, he witnessed the separations of men

 8     and boys from their families and spoke with various Serb officers working

 9     there at that time.  He also spoke to and was spoken by -- or spoken to

10     General Mladic.

11             All right.

12        Q.   We all know you were --

13             JUDGE ORIE:  This concludes your summary.

14             MR. McCLOSKEY:  Yes, that's it.

15             JUDGE ORIE:  And now you want to ask him additional questions.

16             MR. McCLOSKEY:  Yes, Mr. President.

17             JUDGE ORIE:  Just that it's clear on the record where we are.

18     We're now hearing the evidence, whereas you earlier summarised the 92 ter

19     statement.

20             MR. McCLOSKEY:  Thank you for doing that.  I forgot that step.

21     All right.  Thank you, Mr. President.

22        Q.   It's -- it's clear now that you were a first lieutenant at

23     DutchBat.  Can you briefly tell us, well, when you left the army and what

24     your position now -- what it now involves.

25        A.   In 2000 I changed over within the armed forces, over to the Dutch

Page 10304

 1     Royal Military Police, Royal Marechaussee, as it is called in the

 2     Netherlands.  And from 2008 on, I changed over to the Dutch police which

 3     is now called the Dutch national police.

 4        Q.   And what is your current job and job responsibilities?

 5             THE INTERPRETER:  The interpreters would like to ask the witness

 6     to switch on and off the microphone whenever he speaks.

 7             JUDGE ORIE:  Mr. Van Duijn, we have a technical problem.  Could

 8     you switch off your microphone when you're not speaking because it gives

 9     additional noise, and technicians are working on it but have not resolved

10     it yet.  So therefore could you switch off, if you do not speak, and

11     switch it on again.

12             THE WITNESS:  I'll do that, Your Honour.

13             Currently, I am now a commissioner of police in the Dutch

14     national police.  I'm the national programme manager when it comes to the

15     fight against trafficking and smuggling of human beings.  I do that with

16     the responsibility to coordinate and collaborate within police units,

17     expertise, intelligence and criminal investigations, but also with local

18     authorities and, for instance, victim assistance organisations.  I work

19     for the deputy chief of police of the Dutch national police.

20             MR. McCLOSKEY:

21        Q.   Okay.  I won't spend a lot of time with you.  I just want to have

22     you clarify a couple of points.  We heard about the blocking positions.

23     Can you briefly describe what that job was and what happened?  Just

24     briefly.  The --

25        A.   I was sent to take up the blocking positions south of the town of

Page 10305

 1     Srebrenica.  Actually, as the -- it was called blocking position, tried

 2     to block the Serb forces that were threatening the -- the city and

 3     basically the whole area.  We stood there with more APCs than only my two

 4     APCs and basically tried to stop the advancement of the Serb forces.

 5        Q.   Do you recall the first date that you and this group of APCs did

 6     that?

 7        A.   On the evening of the 9th, basically the first day that the

 8     shelling started.  On that evening, late in the evening, I moved up with

 9     from APCs from Potocari base to Srebrenica base to help and assist the

10     Bravo Company that was responsible for the south of the enclave.

11        Q.   And what did you do to try to stop that advance?

12        A.   We took up positions south of the -- of the town, overseeing the

13     town that was in our backs, and -- and the south, basically also the --

14     the big roads, the one -- only one asphalted road in the enclave, and we

15     tried to stop the advancements by also shooting at the Serb forces that

16     were advancing and trying to stop them advancing.  So we were shooting

17     and we were shot at in that position.

18        Q.   And when you say you were shooting, what kind of weaponry did you

19     use to target the Serb forces?

20        A.   We only had small-calibre rifles and, on top of our APCs, a heavy

21     machine-gun.

22        Q.   And tell us what happened when you took up these positions and

23     engaged the Serb forces like this.

24        A.   From the start, we -- we took up the positions we were shelled,

25     and -- and the shelling was on our positions but also at the town, so

Page 10306

 1     basically with intervals of one hour.  That changed over to shelling the

 2     town to shelling our positions, and then changed over to the town again,

 3     and that lasted for one or two days that we were in the blocking

 4     positions.

 5        Q.   When you took the blocking positions, did you open up fire on the

 6     Serb forces prior to being shelled?

 7        A.   No, the shelling was starting right away, basically from the 9th

 8     on, when I was still at Potocari.  So the shelling started the evening of

 9     the 9th, and when I arrived at the location of the blocking positions,

10     which changed slightly during the days of the 9th and the 10th, the

11     shelling was constantly going on.  So the answer is no.

12        Q.   In your direction, while you're at the blocking position?

13        A.   Yes, in our direction, yeah.

14        Q.   Were you able to make out what kind of shells, what kind of

15     rounds were targeting your blocking position?

16        A.   From the military intelligence that we had, we knew there were

17     some 155-calibre artillery pieces stationed from the Serb army.  So I

18     don't know for sure, but those were big calibre artillery fire shells.

19        Q.   Did you ever -- were you ever targeted by tanks that you could --

20     as far as you know?

21        A.   Not directly.

22        Q.   And how long did you stay at that first blocking position and

23     what ...

24        A.   As I remember correctly, we moved there in the night of the 9th,

25     so we stayed at the first location during the 10th.  We drew -- we took

Page 10307

 1     up another position that was, I think, 200 metres from the first one also

 2     during the -- the 10th.

 3        Q.   And why did you withdraw from the first one?

 4        A.   The area we were in at the evening of the 9th, there were still

 5     some refugees and civilians there, and during the day-time of the 10th,

 6     the -- the area was basically clear of civilians.  And there was a -- a

 7     choice made by the Bravo Company commander, Captain Groen that we should

 8     take up another position nearer to the asphalted road.

 9             JUDGE ORIE:  Mr. McCloskey, could I seek clarification of one of

10     the previous answers.

11             You were asked whether you were ever targeted by tanks, as far as

12     you knew.  Your answer was:  "Not directly."

13             THE WITNESS:  Yes.

14             JUDGE ORIE:  Which is ambiguous for me.  What do you mean by "not

15     directly"?  That you have no first-hand knowledge or ...

16             THE WITNESS:  We knew that there were Serb tanks in the area and

17     Serb tanks have directly attacked other Dutch units.  Also the units

18     involved in the forward air controlling of the air support.

19             JUDGE ORIE:  Yes, so --

20             THE WITNESS:  So -- but not on my position.  So I knew that there

21     were tanks in the area and we have seen tanks in the area but they didn't

22     attack us or my position directly.

23             JUDGE ORIE:  It is mainly an explanation of what the "you" means

24     here.  Not you personally but other -- yes, please proceed,

25     Mr. McCloskey, for another two minutes.

Page 10308

 1             MR. McCLOSKEY:

 2        Q.   And were there Muslim forces around your blocking positions at

 3     any -- at any time during this period?

 4        A.   At the beginning there were, on and off.  Sometimes also shooting

 5     next to our location also in the direction of the Serb forces advancing,

 6     but somewhere along the 10th, also the Muslim forces were -- were

 7     withdrawn.  So -- in the end of the -- I think the 10th or the 11th,

 8     there were no Muslim forces there anymore.

 9        Q.   All right.  And after the Muslim forces vacated your area, were

10     you ever targeted by the Serb forces, your APCs and people?

11        A.   The shelling never stopped.  From the 9th on, the shelling

12     commenced.  So also when refugees or civilians or Muslim forces were not

13     anymore in the -- in the neighbourhood, the shelling still went on.

14        Q.   And how close did these shells get to your APCs?

15        A.   Sometimes within the reach of 50 to 100 metres of my APC.  So

16     that -- even the dirt of the explosions came onto the APCs.

17        Q.   All right.

18             MR. McCLOSKEY:  Mr. President, I think it's a good time to stop.

19             JUDGE ORIE:  Yes, Mr. McCloskey.

20             Mr. Van Duijn, we'll conclude for the day.  We'd like to see you

21     back tomorrow morning at half past 9.00 in this same courtroom.  But

22     before you leave, I want to instruct you that you should not speak or

23     communicate in whatever way with whomever about your testimony, whether

24     that is testimony you've given today, or whether that's testimony you are

25     expected to give tomorrow.

Page 10309

 1             Is that clear to you?

 2             THE WITNESS:  That's clear, Your Honour.

 3             JUDGE ORIE:  Then you may follow the usher.

 4                           [The witness stands down]

 5             JUDGE ORIE:  We adjourn for the day, and we'll resume tomorrow,

 6     Thursday, the 25th of April, at 9.30 in the morning, in this same

 7     courtroom, I.

 8                            --- Whereupon the hearing adjourned at 2.15 p.m.,

 9                           to be reconvened on Thursday, the 25th day of

10                           April, 2013, at 9.30 a.m.