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

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

1. Rahim ADEMI was born in Karac, Vucitrn, Kosovo on 30 January 1954. He graduated from a Military Academy of the Yugoslav National Army (JNA) in 1976.

2. Rahim ADEMI served in the Ministry of the Interior (MUP) in Croatia from 1991.

3. On 5 December 1992, he was appointed the Chief of Staff of the Gospic (Lika) Military District under the Command of Brigadier Izidor CESNAJ.

4. In 1993, Brigadier CESNAJ was Commander of the Gospic Military District. In April or May of 1993, following Brigadier CESNAJ being placed on sick leave, Rahim ADEMI was appointed Acting Commander, which command he held throughout the Medak Pocket military operation, which occurred from 9 September 1993 to on or about 17 September 1993.

5. On 23 September 1995, Rahim ADEMI was promoted to the rank of Major General. He was appointed to his current position of Assistant to the Chief of the HV Inspectorate on 11 February 1999.

6. Rahim ADEMI, at all times relevant to this indictment, held the position of Acting Commander of the Gospic Military District with the rank of Brigadier. As Acting Commander, Rahim ADEMI was the senior HV officer in the area and was empowered to issue orders, and to give supplementing instructions to ensure implementation of such orders, to Croatian forces under his operational control. His responsibilities included planning, directing and monitoring the activities of all subordinate formations within the Gospic Military District.

7. Rahim ADEMI, by virtue of his high ranking position as a Brigadier in the HV and Acting Commander of the Gospic Military District, played a central role in the developing, planning, ordering and/or the execution of the Croatian military operation in the Medak Pocket resulting in the commission of serious violations of international humanitarian law, including the persecution and killings of Serb civilians and surrendered soldiers, and the plunder and destruction of Serb civilian buildings and property, in the Medak Pocket, as described in this indictment.

8. Rahim ADEMI, by virtue of his high ranking position, had the power, authority and responsibility to prevent or punish the serious violations of international humanitarian law committed during the Croatian military operation in the Medak Pocket. At all times, he not only had reason to know that various subordinates under his operational control were involved in the persecution and killings of Serb civilians and surrendered soldiers, and the plunder and destruction of Serb civilian buildings and property in the Medak Pocket, but he in fact knew of such acts, having been informed by representatives of international organisations and others. Rahim ADEMI failed to take necessary and reasonable measures to prevent such acts, or to punish the perpetrators thereof.

9. At all times relevant to this indictment, a state of armed conflict existed in the Krajina region of the Republic of Croatia, as described in this indictment.

10. At all times relevant to this indictment, the accused Rahim ADEMI was required to abide by the laws and customs governing the conduct of war, including Common Article 3 of the Geneva Conventions of 1949.

11. These alleged acts of omissions, constituting Crimes against Humanity, which are crimes punishable under Article 5 of the Statute of the Tribunal, were part of a widespread or systematic attack directed against a civilian population, specifically the civilian population of the Medak Pocket.

12. In this indictment, every reference to the Croatian forces means and includes the armed forces of the Republic of Croatia, including the HV and all units of the MUP including the Special Police.

13. Rahim ADEMI is individually responsible for the crimes charged against him in this indictment pursuant to Article 7(1) of the Statute of the Tribunal. Individual criminal responsibility includes planning, instigating, ordering, committing or otherwise aiding and abetting in the planning, preparation or execution of any acts or omissions set forth in this indictment.

14. Rahim ADEMI is also, or alternatively, criminally responsible as a superior for the acts of his subordinates pursuant to Article 7(3) of the Statute of the Tribunal. A superior is criminally responsible for the acts of his subordinates, if the superior knew or had reason to know that his subordinates were about to commit such acts, or had done so, and the superior failed to take necessary and reasonable measures to prevent such acts, or to punish the perpetrators thereof.

15. The general allegations contained in paragraphs 9 to 14 are re-alleged and incorporated into each of the related charges which are set out below.

16. Before and during the Croatian military operation in the Medak Pocket, from 9 September 1993 to on or about 17 September 1993, Rahim ADEMI acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of persecutions of Serb civilians of the Medak Pocket on racial, political or religious grounds.

17. The crime of persecution was perpetrated through the following:

a) the unlawful killing of Serb civilians and captured and/or wounded soldiers from the Medak Pocket. As an illustrative example, details of some of those killed are provided in the First Schedule to this Indictment;

b) cruel and inhumane treatment of Serb civilians and captured and/or wounded soldiers from the Medak Pocket by, inter alia, causing serious injuries by means of shooting, stabbing, cutting of fingers, severe beatings with rifle butts, burnings with cigarettes, jumping on bodies, tying bodies to a car and dragging them along the road, mutilation and other forms of mistreatment. As an illustrative example, details of some of the acts of cruel and inhumane treatment referred to herein are set out in the Second Schedule to this Indictment;

c) terrorising the predominantly Serb civilian population of the Medak Pocket by, inter alia, the mutilation and desecration of the body of BOJA PJEVAC; the public killing of BOJA VUJNOVIC by burning her alive whilst mocking her; expressing an intention to kill all civilians; placing racist graffiti on buildings; and leaving sinister and menacing messages on a destroyed building, all of which resulted in the civilian population being forced to abandon their homes and property and to leave the area permanently.

d) the destruction of personal property belonging to the Serb civilians of the Medak Pocket, in that on or after 9 September 1993, the Croatian forces in the area systematically destroyed up to 164 homes, approximately 148 other buildings (and the contents thereof) by the use of explosives and fire after the Croatian military operation began, and as further described in paragraphs 35 and 37 of the Indictment. This destruction continued unabated after the cease-fire of 15 September was put into effect and continued for some days until the final withdrawal of the Croatian forces on 17 September 1993.

e) the systematic plunder of Serb civilian property during and after the military operation in the Medak Pocket by elements of the Croatian forces, in conjunction with Croatian civilians, who unlawfully removed personal goods, such as electrical goods and furniture from buildings that were or about to be destroyed, removed animals and farm equipment, dismantled buildings and carried parts thereof away by truck, and as further described in paragraph 36 of the Indictment.

18. Alternatively, Rahim ADEMI knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 17 above, or had done so. Rahim ADEMI failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

19. Rahim ADEMI knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, between 9 September 1993 and about 17 September 1993, were engaged in the unlawful killing of Serb civilians living in the Medak Pocket and Serb soldiers who were captured and/or wounded, or had done so. Rahim ADEMI failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

20. From 9 September 1993 to on or about 17 September 1993, the property of Serb civilians living in the Medak Pocket property was plundered. Rahim ADEMI acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the plunder of property of Serb civilians of the Medak Pocket.

21. Alternatively, Rahim ADEMI knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 20 above, or had done so. Rahim ADEMI failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Rahim ADEMI, did commit:

Count 4: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, being Plunder of public or private property, which is punishable under Article 3(e) read with Articles 7(1) and 7(3) of the Statute of the Tribunal.

22. From 9 September 1993 to on or about 17 September 1993, most Serb villages of the Medak Pocket were destroyed. Rahim ADEMI, acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the destruction of property of Serb civilians of the Medak Pocket.

23. Alternatively, Rahim ADEMI knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 22 above, or had done so. Rahim ADEMI failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

24. The area hereinafter referred to as the Medak Pocket is approximately four to five kilometers wide and five to six kilometers long and consisted of the localities of Divoselo, Citluk and part of Pocitelj and numerous small hamlets. It was situated within the self-proclaimed Republika Srpska Krajina (the Republic of Serbian Krajina, hereinafter referred to as the RSK) to the south of the city of Gospic in the Republic of Croatia. It was a rural area with a combination of forest and open fields. Prior to the attack, approximately 400 Serb civilians inhabited the area.

25. Following multi-party elections in Croatia in 1990, on 25 June 1991, Croatia declared its independence. For some time prior to that, an armed conflict had erupted between Croatian Serbs and Croatian forces. In September 1991, the Croatian Government stated that the Croatian Serbs and the JNA controlled about one-third of the territory of Croatia.

26. On 19 December 1991, the Assembly of the Serbian Autonomous Region of Krajina, together with Serbs from other parts of Croatia, officially declared independence from Croatia and formed the RSK, with its own military force, the Srpska Vojska Krajina (the Serbian Army of Krajina or SVK).

27. In February 1992, following the Vance Plan, the United Nations Security Council established under its authority a United Nations Protection Force (UNPROFOR) that was to be deployed in United Nations Protected Areas (UNPAs) in Croatia. The UNPAs were areas in Croatia where Serbs constituted the majority or a substantial minority of the population and where inter-communal tensions had led to armed conflict in the recent past. There were four UNPAs, Sectors North, South, East and West. The Serb-held or disputed territories in Croatia that were outside the UNPAs were generally referred to as "pink zones". The Medak Pocket was situated in such a "pink zone", close to Sector South.

28. The Croatian forces launched several military operations against the RSK in 1992 and 1993. These operations were launched by Croatian forces into the UNPAs or adjacent "pink zones" at the Miljevacki Plateau in June 1992, the area of the Maslenica bridge in northern Dalmatia in January 1993 and the Medak Pocket in September 1993.

29. The Croatian attack on the Medak Pocket commenced with shelling of the area in the early morning of 9 September 1993. At approximately 0600 hours, Croatian forces comprising HV units from the Gospic Operational Zone, including the 9^th Guards Brigade and the 118^th Home Guard Regiment, and Special Police Units of the MUP, entered the Pocket. After approximately two days of fighting, they had taken control of Divoselo, Citluk and part of Pocitelj, after which the Croatian advance halted.

30. At this time, the Acting Commander of the Gospic Military District was Brigadier Rahim ADEMI.

31. Following the intervention of international representatives, negotiations at a political and military level between the Croatian and RSK authorities were initiated shortly after the attack, with the objective of achieving a cessation of hostilities and a Croatian withdrawal from the areas captured during the operation.

32. As a result of such negotiations, an agreement was signed on 15 September 1993 by General Mile Novakovic, on behalf of the Serbian side and Major-General Petar Stipetic, on behalf of the Croatian side.

33. Under the terms of this agreement, a ceasefire was to take effect at 1200 hours on 15 September 1993 and the Croatian forces were to "leave the territory entered on 9 September 93", leaving the Medak Pocket under UNPROFOR control. The Croatian withdrawal from the Medak Pocket was completed at 1800 hours on 17 September 1993.

34. During the Croatian military operation in the Medak Pocket at least 29 local Serb civilians were unlawfully killed and others sustained serious injury. Many of the killed and wounded civilians were women and elderly people. Croatian forces also killed at least five Serb soldiers who had been captured and/or wounded. Details of some of the killed 29 civilians and 5 soldiers hors d'combat- are contained in the First Schedule to the Indictment.

35. Approximately 164 homes and 148 barns and outbuildings, being a majority of buildings in the villages within the Medak Pocket were destroyed, mostly by fire and explosives, after the Croatian forces had taken effective control. A substantial portion of this destruction took place between the cease-fire on 15 September 1993 and the completion of the Croatian withdrawal at 1800 hours on 17 September 1993.

36. During the above period, property belonging to Serb civilians was plundered by the Croatian forces or by persons in civilian clothes under the supervision of the Croatian forces, for anything of value. These included personal belongings, household goods, furniture, housing items, farm animals, farm machinery and other equipment.

37. Serb-owned civilian property that was not subjected to plunder as described above was burned or otherwise destroyed. Household goods and furniture were destroyed, farm machinery were riddled with bullets, farm animals were killed and wells were polluted.

38. As a result of these widespread and systematic unlawful acts during the Croatian military operation, the Medak Pocket became totally uninhabitable. The villages of the Pocket were completely destroyed, thereby depriving the Serbian civilian population of their homes and livelihood.

Graham Blewitt
Deputy Prosecutor

This 26^th day of November 2001
The Hague
The Netherlands

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

CASE NO: IT-01-46-PT

FIRST SCHEDULE TO THE INDICTMENT

Count 1 - Persecutions (Unlawful killings) and Counts 2 and 3 - (Murder)

CIVILIANS:

SOLDIERS (hors de combat):

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

CASE NO: IT-01-46-PT

SECOND SCHEDULE TO THE INDICTMENT

Count 1 - Persecution (Cruel and Inhumane Treatment)

CIVILIANS AND SOLDIERS (hors de combat):

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