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Press Release . Communiqué de presse
(Exclusivement à l’attention des media. Document non officiel)
The Hague, 24 June 2003
JL/ P.I.S/ 763-e
IVICA RAJIC TRANSFERRED TO THE ICTY DETENTION UNIT
The International Criminal Tribunal for the former Yugoslavia (ICTY) confirms that Ivica Rajic was transferred to the Detention Unit on 24 June 2003.
Factual allegations:
The Indictment, confirmed on 29 August 1995, generally charges that during October 1993, the armed forces of the self-proclaimed "Croatian Community of Herceg-Bosna", known as the Croatian Defence Council ("HVO"), were engaged in an armed conflict with the armed forces of the government of the Republic of Bosnia and Herzegovina.
It is alleged that in October 1993, the town of Vares in central Bosnia was under the control of the HVO. Stupni Do, a village located approximately four kilometres southeast of Vares, was inhabited by approximately 250 people who were almost exclusively of Muslim origin.
The Indictment alleges that on 23 October 1993, units of the HVO, under Rajic’s command, attacked the village of Stupni Do. When the attack had been completed by the HVO, at least 16 members of the civilian population had been killed. The village was almost totally destroyed and the inhabitants who had not been killed were forced to flee.
According to the Indictment, Ivica Rajic became the commander of the Second Operational Group of the HVO in August 1992 and occupied this position until October 1993. On or about the 22 October 1993, the HVO forces in and around Vares, including the Bobovac Brigade, came under the direct personal command of Ivica Rajic.
Ivica Rajic is accused on the basis of individual criminal responsibility (Article 7(1) of the Statute of the Tribunal),
• two counts of grave breaches of the 1949 Geneva Conventions (Article 2 - wilful killing; destruction of property) and
• one count of violations of the laws or customs of war (Article 3 – deliberate attack on the civilian population and wanton destruction of the village);
or alternatively, on the basis of his superior responsibility (Article 7(3)) with:
• two counts of grave breaches of the 1949 Geneva Conventions (Article 2 - wilful killing; destruction of property) and
• one count of violations of the laws or customs of war (Article 3 – deliberate attack on the civilian population and wanton destruction of the village);
Rule 61 Proceedings:
In certain instances where the Tribunal has been unable to obtain custody of an accused, it has proceeded under Rule 61 of its Rules of Procedure and Evidence. In proceedings under Rule 61, a full Trial Chamber examines an Indictment and the supporting evidence in public and, if it determines that there are reasonable grounds for believing that the accused committed any or all of
the crimes charged, confirms the Indictment and issues an international arrest warrant. The latter is intended to ensure that the accused will be arrested if he crosses international borders. In addition, the Chamber may certify, upon proof by the Prosecutor, that the failure to service the arrest warrant on the accused was due to the failure to execute an arrest warrant or refusal of
a State and to co-operate with the Tribunal. The President of the Tribunal, in consultation with the Presiding Judges of the Trial Chambers, may then notify the Security Council of such failure or refusal by a State. Rule 61 is not a trial in absentia and does not provide for a finding of guilt.
On 13 September 1996, a Trial Chamber unanimously confirmed all counts of the Indictment against Ivica Rajic, stating that there were reasonable grounds for believing that the accused had committed the crimes he has been charged with, and issued an international warrant for his arrest which was sent to all States and to the multinational Implementation Force (IFOR) in Bosnia and
Herzegovina.
In addition, the Trial Chamber noted that the failure to arrest Rajic was due to the refusal of the Federation of Bosnia and Herzegovina and the Republic of Croatia to co-operate with the Tribunal. It entrusted to the President of the Tribunal the responsibility of reporting this dereliction of duty to the United Nations Security Council (see Press Release
106).
The date of the initial appearance hearing will be announced in due course.
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The full text of the Indictment can be found in English, French and BCS on the Tribunal’s web site at www.un.org/icty
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