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:

THE ACCUSED

1. LJUBISA BEARA, son of Jovan, was born on 14 July 1939 in Sarajevo. In May 1992, he was appointed Chief of Security of the Army of Republika Srpska (VRS) Main Staff. He served in that position at all times relevant to this Amended Indictment.

SUPERIOR AUTHORITY / POSITION OF THE ACCUSED

2. During the VRS attack on the Srebrenica enclave and the subsequent killings and executions of Bosnian Muslim men, LJUBISA BEARA was a Colonel and was the Chief of Security of the Main Staff of the VRS. He was present in the areas of Bratunac and Zvornik from 13 July to 16 July 1995.
3. As Chief of Security, LJUBISA BEARA’s responsibilities, as vested in him by his commander and Commander of the VRS, Ratko Mladic, and as defined by the Yugoslav People’s Army (JNA) security regulations adopted by the VRS, were to monitor enemy activities within and against VRS units and to propose measures to his superiors to counter security threats posed by the enemy. This function included identifying traitors or other security threats inside VRS units, as well as dealing with enemy threats from outside the VRS, such as sabotage, surveillance, and intervention activities of the enemy. He was responsible for managing the Main Staff units of the Military Police and proposing ways to utilise the Military Police. He was also responsible, in general, for co-ordinating with the bodies of the MUP (Ministry of the Interior) in the six VRS Corps zones of responsibility. LJUBISA BEARA likewise was responsible for dealing with captured Bosnian Muslim prisoners from Srebrenica from 11 July 1995 until 1 November 1995.

GENERAL ALLEGATIONS

4. At all times relevant to this Amended Indictment, a state of armed conflict existed in the Republic of Bosnia and Herzegovina.
5. At all relevant times, the accused was required to abide by the laws and customs governing the conduct of war.
6. All acts and omissions charged as crimes against humanity were part of a widespread or systematic attack directed against the Bosnian Muslim civilian population of Srebrenica and its surroundings.

FACTUAL BACKGROUND

7. On 12 May 1992, Momcilo Krajisnik, President of the RS National Assembly executed the following "DECISION ON STRATEGIC OBJECTIVES OF THE SERBIAN PEOPLE IN BOSNIA AND HERZEGOVINA," which was published in the Official Gazette of the Republika Srpska on 26 November 1993:

"The strategic objectives or priorities of the Serbian people in Bosnia and Herzegovina are to:

1. Establish State borders separating the Serbian people from the other two ethnic communities.
2. Set up a corridor between Semberija and Krajina.
3. Establish a corridor in the Drina river valley, that is, eliminate the Drina as a border separating Serbian States.
4. Establish a border on the Una and Neretva rivers.
5. Divide the city of Sarajevo into Serbian and Bosnian Muslim parts and establish effective State authorities in both parts.
6. Ensure access to the sea for Republika Srpska."
8. After armed conflict erupted in the Republic of Bosnia and Herzegovina (BiH) in the spring of 1992, Bosnian Serb military and paramilitary forces attacked and occupied cities, towns, and villages, including Zvornik, in the eastern part of the country and participated in an ethnic cleansing campaign that resulted in an exodus of Bosnian Muslim civilians to enclaves in Srebrenica, Gorazde, and Zepa.
9. On 19 November 1992, General Ratko Mladic issued Operational Directive 04. This Directive, in part, ordered the Drina Corps to "inflict the heaviest possible losses on the enemy, and force him to leave the Birac, Zepa and Gorazde areas together with the Bosnian Muslim population. First, offer the able-bodied and armed men to surrender, and if they refuse, destroy them."
10. On 16 April 1993, the Security Council of the United Nations, acting pursuant to Chapter VII of its Charter, adopted Resolution 819, in which it demanded that all parties to the conflict in the Republic of Bosnia and Herzegovina treat Srebrenica and its surroundings as a "safe area," which was to be free from any armed attack or any other hostile act.
11. On 4 July 1994, Lieutenant Colonel Slavko Ognjenovic, then Commander of the Bratunac Brigade, issued a report to all members of the Bratunac Brigade stating in relevant part: "We must continue to arm, train, discipline, and prepare the RS Army for the execution of this crucial task — the expulsion of Muslims from the Srebrenica enclave. There will be no retreat when it comes to the Srebrenica enclave, we must advance. The enemy’s life has to be made unbearable and their temporary stay in the enclave impossible so that they leave the enclave en masse as soon as possible, realising that they cannot survive there."
12. On 8 March 1995, the Supreme Command of the Armed Forces of the Republika Srpska issued Operational Directive 07. In this Directive, Republika Srpska President Radovan Karadzic directed the VRS (specifically the VRS Drina Corps) to "complete the physical separation of the Srebrenica and Zepa enclaves as soon as possible, preventing even communication between individuals between the two enclaves. By planned and well-thought-out combat operations, create an unbearable situation of total insecurity, with no hope of further survival or life for the inhabitants of Srebrenica or Zepa."
13. On 2 July 1995, in the Drina Corps operational order for the attack on the Srebrenica enclave, General Milenko Zivanovic ordered that the attack of the enclave should result in "reducing the enclave to its urban area." The size of the enclave on 2 July 1995 was approximately 58 square kilometres and the urban area of the enclave was about two (2) square kilometres. Large numbers of the Bosnian Muslim population of the enclave lived outside the urban area of Srebrenica prior to 2 July 1995.
14. On or about 6 July 1995, units of the Drina Corps shelled Srebrenica and attacked Dutch-manned United Nations observation posts, which were located in the enclave. The Drina Corps attack on the Srebrenica enclave, including the shelling, continued through 11 July 1995, when forces from the Zvornik Brigade’s Drina Wolves, the Bratunac Brigade, the 10^th Sabotage Detachment and other units of the VRS entered Srebrenica.
15. In the several days following this attack on Srebrenica, VRS forces captured, detained, forcibly transferred, summarily executed, and buried over 7000 Bosnian Muslim men and boys from the Srebrenica enclave and forcibly transferred the Bosnian Muslim women and children of Srebrenica out of the enclave. The details of these events and the role of the accused therein are presented in the paragraphs below.

INDIVIDUAL CRIMINAL RESPONSIBILITY

Direct Criminal Responsibility

16. Pursuant to Article 7(1) of the Statute of the Tribunal, LJUBISA BEARA is individually responsible for Genocide, Conspiracy to Commit Genocide, Crimes Against Humanity (Murder, Persecutions, Forcible Transfer, and Inhumane Acts), and Murder as a Violation of the Laws or Customs of War. LJUBISA BEARA committed, planned, instigated, ordered, and otherwise aided and abetted in the planning, preparation, and execution of these charged crimes. By using the word "committed" in this Amended Indictment, the Prosecutor does not intend to suggest that the accused necessarily physically and personally perpetrated any of the crimes charged. "Committing" the crimes can be accomplished by virtue of participation in the Joint Criminal Enterprise.

Joint Criminal Enterprise

17. LJUBISA BEARA, together with other VRS and MUP officers and units as identified in this Amended Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995 and to capture, detain, forcibly transfer, summarily execute by firing squad, bury, and rebury thousands of Bosnian Muslim men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until about 19 July 1995. The last known primary burial of Srebrenica victims occurred on or about 19 July 1995 in Glogova. The initial plan was to forcibly transfer and summarily execute more than 1000 Bosnian Muslim men and boys, aged 16 to 60, who were separated from the group of Bosnian Muslims in Potocari on 12 and 13 July. On 12 July, this plan was broadened to include the forcible transfer and summary execution of over 6000 men and boys, aged 16 to 60, who were captured from the column of Bosnian Muslim men escaping the Srebrenica enclave from 12 July through about 19 July 1995. Most of these men and boys from the column were captured along the Bratunac/Milici road on 13 July 1995. Although the Joint Criminal Enterprise contemplated organised and systematic executions, it was foreseeable to LJUBISA BEARA that opportunistic criminal acts, such as those described in this Amended Indictment, would be carried out by VRS and MUP forces during and after the Joint Criminal Enterprise. VRS and MUP forces carried out such opportunistic criminal acts from 12 July 1995 to about 1 November 1995. The implementation of this Joint Criminal Enterprise resulted in the summary execution of over 7000 Bosnian Muslim men and boys from the Srebrenica enclave.
18. LJUBISA BEARA possessed the criminal intent and state of mind required to commit the individual crimes charged in the Amended Indictment, and his acts significantly assisted and facilitated the commission of the crimes. The participation of the accused in the Joint Criminal Enterprise and the specific acts and responsibilities described in this Amended Indictment satisfy the elements required for a finding that, pursuant to Article 7(1) of the Statute of the Tribunal, LJUBISA BEARA "committed," "planned," "instigated," "ordered," and otherwise "aided and abetted" genocide, crimes against humanity (including murder, persecutions, forcible transfer, and inhumane acts), and murder as a violation of the laws or customs of war. These specific acts and responsibilities of LJUBISA BEARA pursuant to this Joint Criminal Enterprise are described in the Amended Indictment in paragraphs 17 and 19-36.
19. The Joint Criminal Enterprise, of which LJUBISA BEARA was a member and a key participant, was conceived and designed by General Ratko Mladic and others on 11 and 12 July 1995, and administered and carried out by members of the VRS and MUP forces throughout the time period by the means alleged in this Amended Indictment.
20. Members of this Joint Criminal Enterprise included: General Ratko Mladic, the Commander of the VRS, General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on 13 July 1995; General Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours on 13 July 1995 and, thereafter, Commander of the Drina Corps; Colonel Vidoje Blagojevic, Commander of the Bratunac Brigade; Colonel Vinko Pandurevic, Commander of the Zvornik Brigade; Lieutenant Colonel Dragan Obrenovic, Deputy Commander and Chief of Staff of the Zvornik Brigade; LJUBISA BEARA, Chief of Security of the Main Staff; Dragan Jokic, Chief of Engineering of the Zvornik Brigade. Various other individuals and military and police units were involved in the operation to forcibly transfer and/or murder the Muslim men and boys, including but not limited to the following:

Drina Corps Units

Elements of the Bratunac Brigade
Elements of the Zvornik Brigade
Elements of the Vlasenica Brigade
Elements of the 5^th Engineering Battalion

Main Staff Units

Elements of the 10^th Sabotage Detachment
Elements of the 65^th Protection Regiment

MUP Units

Elements of the Republika Srpska "Special Police"
Elements of the Bratunac Municipal Police
Elements of the Milici Municipal Police
Elements of the Zvornik Municipal Police

As Chief of Security for the Main Staff, LJUBISA BEARA was directly subordinate to the Assistant Commander for Security and Intelligence Affairs, who in turn was directly subordinate to General Ratko Mladic, Commander of the Main Staff of the VRS. A detailed summary of the military structure of the VRS is affixed to this Amended Indictment as Annex A.

On 11 July, 1995, four units of the Ministry of the Interior (MUP) were placed under the command of the VRS.

21. These allegations concerning individual criminal responsibility, including those cited in the Joint Criminal Enterprise paragraphs, are realleged and incorporated into each of the charges set forth below.

CHARGES

COUNT 1
(Genocide)

By his acts and omissions described in the paragraphs below, LJUBISA BEARA committed:

COUNT 1: Genocide, punishable under Articles 4(3)(a) and 7(1) of the Statute of the Tribunal;

22. Between 11 July 1995 and 1 November 1995, LJUBISA BEARA, with intent to destroy a part of the Bosnian Muslim people as a national, ethnical, or religious group:
1. killed members of the group by summary execution as described in paragraphs 17 and 28-36; and,
2. caused serious bodily or mental harm to members of the group.
23. Immediately after the fall of Srebrenica on 11 July 1995, senior VRS officers including Ratko Mladic and Radislav Krstic surveyed the town. At this time, Ratko Mladic announced that "the moment has finally come for us to take revenge upon the Turks here."
24. Thousands of Bosnian Muslims from the enclave, including women, children, and some men, fled to the UN Compound in Potocari on 11 July 1995, where they sought the protection of the UN Dutch battalion (Dutchbat). Meanwhile, approximately 15,000 Bosnian Muslim men from the enclave, with some women and children, gathered at the villages of Susnjari and Jaglici during the evening of 11 July 1995 and fled in a huge column through the woods towards Tuzla. Approximately one third of this group consisted of armed Bosnian Muslim military personnel. The rest were civilians and unarmed military personnel.
25. On the evening of 11 July and the morning of 12 July, three critical meetings concerning the fate of the refugees who had fled to Potocari took place at the Hotel Fontana in Bratunac. At the first meeting, held at approximately 2000 hours on 11 July, Ratko Mladic met with other members of the VRS and with the Dutchbat command. Ratko Mladic intimidated and threatened the Dutchbat commander. Ratko Mladic, Radislav Krstic, and other members of the VRS convened the second meeting at approximately 2300 hours on 11 July. Members of the Dutchbat command and representatives of the Bosnian Muslim refugees at Potocari attended the meeting. At this second meeting, Ratko Mladic warned the Bosnian Muslim representatives that their people could either "survive or disappear." Ratko Mladic, Radislav Krstic, and other VRS and Bosnian Serb civilian representatives convened a third meeting at about 1000 hours on 12 July 1995. Dutchbat officers and representatives of the Bosnian Muslim refugees also attended this meeting. At this meeting, Ratko Mladic explained that he would supervise the "evacuation" of refugees from Potocari and that he wanted to see all military-aged Bosnian Muslim men so that they could be screened as possible war criminals. During the evening of 11 July and into the early morning of 12 July 1995, the plan to transport the civilian refugee population from Potocari was developed.
26. This Bosnian Muslim refugee population remained in and around Potocari from 11 July until 13 July 1995. Throughout this time, members of the VRS and the MUP terrorised them.
27. On or about 12 July 1995, in the presence of Ratko Mladic, Radislav Krstic, and others, approximately 50 to 60 buses and trucks arrived near the UN military compound in Potocari. Shortly after the arrival of these vehicles, the forcible transfer process of Bosnian Muslim women and children began. As the Bosnian Muslim women, children, and men started to board the buses and trucks, VRS and/or MUP soldiers separated over 1000 Bosnian Muslim men from the women and children and forcibly transported these men to temporary detention sites in Bratunac on 12 and 13 July 1995.
28. Beginning around 12 July 1995 and continuing throughout the period of organised executions, members of the VRS and the MUP confiscated and destroyed personal property and effects belonging to the Bosnian Muslim male prisoners, including their identification documents and valuables. This confiscation and destruction of personal property and effects occurred in Potocari, at various points of capture and collection along the Bratunac/Milici road, and at various execution sites. In addition, the prisoners in Potocari and in Bratunac were not provided with food or medical treatment, nor with any meaningful rations of water, during their days in detention pending execution. On 13 July 1995, LJUBISA BEARA was present along the Bratunac/Milici road. He was involved in and issued orders relating to the capture, detention, and forcible transport of Bosnian Muslim prisoners along the Bratunac/Milici road.
29. VRS and MUP officers and soldiers committed a number of opportunistic killings of the Bosnian Muslims in Potocari on 12 and 13 July 1995. Such opportunistic killings occurred as a natural and foreseeable consequence of the unfolding Joint Criminal Enterprise. These Bosnian Muslims were taken prisoner in Potocari before being killed. LJUBISA BEARA, as Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, had responsibility for them. The opportunistic killings in Potocari resulted in the following:
1. On 12 July, the bodies of nine Bosnian Muslim men who had been shot, were found in the woods near the UN Compound on the Budak side of the main road.
2. On 12 July, the bodies of nine or ten Bosnian Muslim males were found about seven hundred metres from the UN Compound behind the White House in a creek.
3. On the morning of the 13 July, the bodies of six Bosnian Muslim women and five Bosnian Muslim men were found in a stream near the UN Compound in Potocari.
4. On 13 July, one Bosnian Muslim man was taken behind a building near the "White House" and summarily executed.
30. Between 12 July and about 17 July 1995, approximately 6000 Bosnian Muslim men from the column of men escaping the Srebrenica enclave were captured by or surrendered to VRS and MUP forces. On 13 July 1995, LJUBISA BEARA was present along the Bratunac/Milici road. He was involved in and issued orders relating to the capture, detention, and transport of Bosnian Muslim prisoners along the Bratunac/Milici road. Apart from those transported directly to execution sites, the prisoners captured from the column on 13 July 1995 were taken to the same temporary detention sites in and around Bratunac as those men separated from Potocari.
31. VRS and MUP officers and soldiers committed a number of opportunistic killings of Bosnian Muslim prisoners temporarily detained in Bratunac in schools, buildings, and vehicles parked along the road. Such opportunistic killings occurred as a natural and foreseeable consequence of the Joint Criminal Enterprise to forcibly transfer the Muslim women, children and men of Srebrenica and to execute the Muslim men of Srebrenica. As Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, LJUBISA BEARA had responsibility for these Bosnian Muslim prisoners. These opportunistic killings occurred between 12 July and about 15 July 1995 in several different locations in Bratunac, namely:
1. On 12 July, beginning at approximately 2200 hours and continuing through 13 July, more than 50 Bosnian Muslim men were taken from a hangar behind the Vuk Karadzic elementary school in Bratunac and summarily executed.
2. On 13 July, at approximately 2130 hours, two Bosnian Muslim men were taken off a truck in Bratunac town, taken to a nearby garage, and summarily executed.
3. On 13 July, in the evening, a Bosnian Muslim man who was mentally retarded was taken off a bus parked in front of the Vuk Karadzic elementary school in Bratunac and summarily executed.
4. DELETED
5. DELETED
6. Between the evening of 13 July and the morning of 15 July, Bosnian Muslim males were frequently and consistently taken from the Vuk Karadzic elementary school and summarily executed.

Those Bosnian Muslim prisoners who survived their temporary detention in Bratunac were transported to the Zvornik area between 13 and 15 July 1995 for further detention and execution.

32. VRS and MUP forces participated in the forcible transfer, mass execution, and burial of thousands of captured Bosnian Muslim men from the Srebrenica enclave. This Joint Criminal Enterprise, designed to rid the area of all Bosnian Muslim prisoners, took place over a seven-day period from 12 July until about 19 July 1995. As Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, LJUBISA BEARA had responsibility for all of these Bosnian Muslim prisoners, and he assisted in the implementation and oversight of the murder of these prisoners. Specifically, on 13 July 1995, LJUBISA BEARA was present along the Bratunac/Milici road and was responsible for implementing the transportation plan actively and moving prisoners to execution sites, including Jadar River, Cerska Valley and Kravica Warehouse. These acts are further described in paragraph 17 and paragraphs 22-36 of this Amended Indictment. This wide-scale and organised killing of Bosnian Muslim men occurred in several different locations in and around Srebrenica, Bratunac, and Zvornik as follows:

32.1 Potocari: On 12 July 1995, in between the Zinc Factory and "Alija’s" house, VRS and/or MUP soldiers summarily executed by decapitation approximately 80 to 100 Bosnian Muslim men. The bodies were then taken away on a truck.

32.2 Jadar River: At approximately 1100 hours on 13 July 1995, working with individuals and units of the VRS and/or MUP, a small squad of soldiers consisting of at least one Bratunac police officer (Bratunac MUP) captured approximately 16 Bosnian Muslim men from the column of men retreating from the Srebrenica enclave, transported them from Konjevic Polje to an isolated area on the bank of the Jadar River, and summarily executed 15 of them. One individual was wounded and managed to escape.

32.3 Cerska Valley: On 13 July 1995, in the early afternoon hours, VRS and/or MUP soldiers transported about 150 Bosnian Muslim men to an area along a dirt road in the Cerska Valley about three (3) kilometres from Konjevic Polje, summarily executed them and, using heavy equipment, covered them with dirt.

32.4 Kravica Warehouse: On 13 July 1995, in the early evening hours, VRS and/or MUP soldiers summarily executed over 1000 Bosnian Muslim men detained in a large warehouse in the village of Kravica. The soldiers used automatic weapons, hand grenades, and other weaponry to kill the Bosnian Muslims inside the warehouse. On 14 July 1995, heavy equipment arrived and removed the victims’ bodies to two large mass graves located in the nearby villages of Glogova and Ravnice.

32.5 Tisca: Throughout the day on 13 July 1995, VRS and/or MUP soldiers transported Bosnian Muslim women and children who had been separated from male members of their families in Potocari to an area near Tisca village. VRS soldiers from the Vlasenica Brigade of the Drina Corps identified and separated some remaining Bosnian Muslim men and boys and some of the Bosnian Muslim women from this group at Tisca, while the rest of the group was forcibly transferred to Bosnian Muslim territory. Throughout the day on 13 July 1995, VRS soldiers forced the selected Bosnian Muslim men and women to walk to a nearby school, where they were abused and assaulted. On or about the evening of 13 July 1995 and the day of 14 July 1995, VRS and/or MUP soldiers loaded 25 Bosnian Muslim men from the school onto a truck, drove them to an isolated pasture nearby, and summarily executed them with automatic weapons.

32.6 Orahovac (near Lazete): In the late evening hours of 13 July and during the day of 14 July 1995, working together with other individuals and units, personnel from the Military Police Company of the Bratunac Brigade transported to the Grbavci School in the village of Orahovac hundreds of Bosnian Muslim males from in and around Bratunac who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 14 July 1995, VRS personnel, including members of the Military Police Company of the Zvornik Brigade, guarded and blindfolded the Bosnian Muslim males detained at the Grbavci School. In the early afternoon of 14 July 1995, VRS personnel transported these Bosnian Muslim males from the school at Grbavci to a nearby field, where personnel, including members of the 4^th Battalion of the Zvornik Brigade, ordered the prisoners off the trucks and summarily executed them with automatic weapons. Approximately 1000 Bosnian Muslim males were killed. On 14 and 15 July 1995, members of the Zvornik Brigade Engineering Company used heavy equipment to bury the victims in mass graves at the execution site, while the executions continued. On the evening of 14 July, lights from the engineering machinery illuminated the execution and burial sites during the executions.

32.7 The Petkovci School: On 14 July 1995, VRS and/or MUP personnel transported from detention sites in and around Bratunac to the school at Petkovci approximately 1000 Bosnian Muslim males who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 14 July and during the early morning hours of 15 July 1995, VRS and/or MUP personnel struck, beat, assaulted, and shot with automatic weapons Bosnian Muslim males detained at the school.

32.8 The "Dam" near Petkovci: On or about the evening of 14 July 1995 and the early morning hours of 15 July 1995, VRS personnel from the Zvornik Brigade, including drivers and trucks from the 6^th Infantry Battalion, transported the surviving members of the group of approximately 1000 Bosnian Muslim males from the school at Petkovci to an area below the Dam near Petkovci. VRS or MUP soldiers assembled them below the Dam and summarily executed them with automatic weapons. In the morning of 15 July 1995, working together with other individuals and units, VRS personnel from the Engineering Company of the Zvornik Brigade used excavators and other heavy equipment to bury the victims while the executions continued.

32.9 Pilica School: On or about 14 and 15 July 1995, VRS and/or MUP personnel transported from detention sites in Bratunac to the school at Pilica approximately 1200 Bosnian Muslim males who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On or about 14 and 15 July 1995, VRS military personnel with automatic weapons summarily executed many of the Bosnian Muslim males who were being detained at the school. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade retrieved the bodies of the victims from the Pilica School and transported them to the Branjevo Military Farm. On 17 July 1995, the Engineering Company of the Zvornik Brigade buried the victims of the Pilica School executions in a mass grave at the Branjevo Military Farm.

32.10 Branjevo Military Farm: On the morning of 16 July 1995, VRS personnel transported from the Pilica school by bus to the Branjevo Military Farm the remaining members of the group of approximately 1200 Bosnian Muslim males who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. After the Bosnian Muslim males arrived at the Branjevo Military Farm, members of the 10^th Sabotage Detachment and the Bratunac Brigade, working together with other individuals and units, summarily executed them by automatic weapon fire. On 17 July 1995, working together with other individuals and units, VRS personnel from the Engineering Company of the Zvornik Brigade, buried hundreds of victims in a nearby mass grave.

32.11 Pilica Cultural Centre: On 16 July 1995, VRS personnel from the Bratunac Brigade travelled a short distance to the village of Pilica and worked with other VRS and/or MUP personnel to summarily execute, with automatic weapons, approximately 500 men inside the Pilica Cultural Centre who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 17 July 1995, VRS personnel from the "R" Battalion of the Zvornik Brigade retrieved the bodies of the victims from the Pilica Cultural Centre and transported them to the Branjevo Military Farm. On 17 July 1995, the Engineering Company of the Zvornik Brigade buried the victims of the Pilica School executions in a mass grave at the Branjevo Military Farm.

32.12 Kozluk: On or before 16 July 1995, working together with other individuals and units, VRS and/or MUP soldiers, transported to an isolated place near Kozluk, in the Zvornik Brigade zone of responsibility, and summarily executed with automatic weapons about 500 Bosnian Muslim males who had been captured from the column of men retreating from the Srebrenica enclave or had been separated in Potocari. On 16 July 1995, working together with other individuals and units, VRS soldiers from the Engineering Company of the Zvornik Brigade, buried the victims of the executions in a mass grave nearby.

33. As Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, LJUBISA BEARA had responsibility for all of these Bosnian Muslim prisoners, and he assisted in the implementation and oversight of the forcible transfer and murder of these prisoners. For instance, on the evening of 14 July 1995, LJUBISA BEARA was involved in co-ordinating with the Zvornik Brigade headquarters regarding problems with the prisoners who were being executed in the Zvornik Brigade area. On the morning of 15 July 1995, LJUBISA BEARA was still fully engaged in the murder operation, and he repeatedly requested that he be provided with additional troops to assist in the execution of thousands of Bosnian Muslim prisoners.
34. During and after the campaign of forcible transfer and organised executions, the opportunistic killing of captured Bosnian Muslim men from the Srebrenica enclave by VRS and MUP personnel continued through about 1 November 1995, as set out below. These opportunistic killings, which were a natural and foreseeable consequence of the Joint Criminal Enterprise to forcibly transfer the population of Srebrenica and to murder all the Muslim men, occurred in the zones of responsibility of both the Bratunac Brigade and the Zvornik Brigade. As Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, LJUBISA BEARA had responsibility for these Bosnian Muslim prisoners.

Bratunac Brigade Zone

34.1 Nova Kasaba: Sometime between 13 July and 27 July 1995 VRS and/or MUP personnel captured and executed 33 Bosnian Muslim men from the column fleeing the Srebrenica enclave. At least 26 of the victims were summarily executed after being placed in two recently dug graves. Twenty-seven of the 33 men had their hands tied behind their backs when they were executed. These graves were located near the village of Nova Kasaba.

34.2 DELETED

34.3 DELETED

34.4 Kravica Market: During the night between 13 July and 14 July near a supermarket in Kravica, a VRS or MUP soldier placed his rifle barrel into the mouth of a Bosnian Muslim prisoner and summarily executed the man. Also during this period, VRS and/or MUP soldiers struck, beat with rifle butts, and summarily executed Bosnian Muslim prisoners who had surrendered or been captured from the column of men retreating from the Srebrenica enclave or had been separated at Potocari and were detained on trucks near the supermarket.

34.4 Bratunac Brigade: Sometime between 12 July and 1 November 1995, six Bosnian Muslim men from Srebrenica were captured by MUP forces, turned over to and interrogated by security personnel from the Bratunac Brigade, and thereafter summarily executed by unknown persons. The identification details for these six Bosnian Muslim men are as follows:

(a) Zazif AVDIC, son of Ramo, date of birth: 15 September 1954.
(b) Munib DEDIC, son of Emin, date of birth: 26 April 1956.
(c) Aziz HUSIC, son of Osman, date of birth: 08 April 1966.
(d) Resid SINANOVIC, son of Rahman, date of birth: 15 October 1949.
(e) Mujo HUSIC, son of Osman, date of birth: 27 August 1961.
(f) Hasib IBISEVIC, son of Ibrahim, date of birth: 27 February 1964.

Zvornik Brigade Zone

34.6 Nezuk: On 19 July 1995, VRS personnel from the 16^th Brigade of the 1^st Krajina Corps, re-subordinated to the command of the Zvornik Brigade, captured approximately 10 Bosnian Muslim males from the column and summarily executed them using automatic weapons at a place near Nezuk

34.7 Zvornik Brigade: On or about 19 July 1995, the following four Bosnian Muslim men were captured from the column by VRS and/or MUP forces in the Zvornik Brigade zone of responsibility and turned over to Zvornik Brigade Security personnel:

(a) Sakib KIVIRIC, son of Salko, date of birth: 24 June 1964.
(b) Emin MUSTAFIC, son of Rifet, date of birth: 7 October 1969.
(c) Fuad DJOZIC, son of Senusija, date of birth: 2 May 1965.
(d) Almir HALILOVIC, son of Suljo, date of birth: 25 August 1980.

On or about 22 July 1995, these men were interrogated by Zvornik Brigade personnel and were summarily executed sometime thereafter by unknown persons working together with the Zvornik Brigade Security personnel.

34.8 DELETED

35. From about 18 July through about 1 November 1995, additional members of the Bosnian Muslim column were captured or killed in the Bratunac and Zvornik Brigade zone by VRS and MUP forces. As Chief of Security charged with the handling of prisoners and by virtue of the authority vested in him by his commander, LJUBISA BEARA had responsibility for these Bosnian Muslim prisoners.
36. From about 1 August 1995 through about 1 November 1995, VRS and MUP personnel participated in an organised and comprehensive effort to conceal the killings and executions in the Zvornik and Bratunac Brigade zones of responsibility by reburying bodies exhumed from initial mass graves at the following locations: Branjevo Military Farm; Kozluk; the "Dam" near Petkovci; Orahovac; and Glogova; and transferring them to secondary graves at: twelve sites along the Cancari Road (containing bodies from Branjevo Military Farm and Kozluk); four sites near Liplje (containing bodies from the "Dam" near Petkovci); seven sites near Hodzici (containing bodies from Orahovac); and seven sites near Zeleni Jadar (containing bodies from Glogova). This reburial operation was a natural and foreseeable consequence of the execution and original burial plan conceived by the Joint Criminal Enterprise. This operation involved members of the Main Staff and Drina Corps security organs with responsibility over the Zvornik Brigade zone, including LJUBISA BEARA.
37. The conduct of LJUBISA BEARA met the requisite four elements of Genocide, namely that:
1. The accused killed one or more persons and/or caused serious bodily or mental harm to one or more persons;
2. Such persons belonged to a particular national, ethnical, racial, or religious group;
3. The accused intended to kill the persons and/or cause them serious bodily or mental harm; and
4. The accused committed these acts in furtherance of the intent to destroy, in whole or in part, that national, ethnical, racial, or religious group, as such.

COUNT 2
(Conspiracy to Commit Genocide)

COUNT 2: Conspiracy to commit genocide, punishable under Articles 4(3)(b) and 7(1) of the Statute of the Tribunal.

38. LJUBISA BEARA entered an agreement with several others, including General Ratko Mladic, the Commander of the VRS, General Milenko Zivanovic, Commander of the Drina Corps through about 2000 hours on 13 July 1995; General Radislav Krstic, Chief of Staff/Deputy Commander through about 2000 hours on 13 July 1995 and, thereafter, Commander of the Drina Corps; Colonel Vujadin Popovic, Assistant Commander for Security of the Drina Corps, Colonel Vinko Pandurevic, Commander of the Zvornik Brigade; Lieutenant Drago Nikolic, the Zvornik Brigade Security Officer, and others, to kill the Muslim men from Srebrenica separated at Potocari or captured or having surrendered from the column and others and to cause serious bodily or mental harm to the Muslims of Srebrenica.

38.1. LJUBISA BEARA entered this agreement with the intent to kill the Muslim men of Srebrenica and to cause serious bodily or mental harm to the Muslims of Srebrenica, and in furtherance of the intent to destroy, in part, that national, ethnical, racial, or religious group of the Bosnian Muslims, as such.

38.2. The conduct of LJUBISA BEARA met the requisite elements of Conspiracy to Commit Genocide, namely that:

a) The accused entered into an agreement between two or more persons to commit the crime of genocide

b) The accused intended to commit genocide.

In addition, the accused himself committed acts in furtherance of the conspiracy, including but not limited to the following:

a) On 13 July, the accused helped to organise the detention of Muslim prisoners from Srebrenica, as reflected in an intercept recorded at 1009 hours, where the accused directed that Muslim prisoners be assembled at Nova Kasaba playground;

b) On 13 July, the accused was in and around the town of Bratunac and organised the detention and transportation of Muslim prisoners;

c) On or about 13 July, the accused helped to organise the burials at Glogova;

d) DELETED

e) On or about the afternoon of 14 July, the accused went to the school at Petkovci where he organised the detention and murder of Muslim men there;

f) The morning of 15 July, in conversations with General Zivanovic and General Krstic, the accused requested additional troops to help execute the Muslims detained in the Zvornik area;

g) On 16 July, the accused spoke with Colonel Cerovic, a Drina Corps officer, about the murder of the remaining Muslim prisoners.

And,

COUNT 3
(Extermination)

By his acts and omissions described in the preceding paragraphs, LJUBISA BEARA committed:

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

39. The conduct of LJUBISA BEARA met the requisite elements of Extermination as a Crime Against Humanity, namely that:

a) There was an armed conflict;

b) In a manner relating to a widespread or systematic attack directed against a civilian population, an act or omission of the accused or a subordinate caused the death of a person or persons;

c) The killing of persons was on a massive scale,

d) The accused intended to kill persons on a massive scale or to create conditions of life that lead to the death of a large number of people; and

e) The accused had knowledge of the wider context in which his conduct occurred.

And,

COUNT 4-5
(Murder)

By his acts and omissions described in the preceding paragraphs, LJUBISA BEARA committed:

COUNT 4: Murder, a CRIME AGAINST HUMANITY, punishable under Articles 5(a) and 7(1) of the Statute of the Tribunal.

40. The conduct of LJUBISA BEARA met the requisite four elements of Murder as a Crime Against Humanity, namely that:

a) There was an armed conflict;

b) In a manner related to a widespread or systematic attack directed against a civilian population, the accused caused the death of one or more persons;

c) By such conduct, the accused intended to kill or to inflict serious injury in reckless disregard of human life; and

d) The accused had knowledge of the wider context in which his conduct occurred.

And,

COUNT 5: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Articles 3 and 7(1) of the Statute of the Tribunal.

41. The conduct of LJUBISA BEARA met the requisite four elements of Murder as a Violation of the Laws or Customs of War, namely that:

a) There was a nexus between the murder and an armed conflict;

b) The conduct of the accused caused the death of one or more persons;

c) By such conduct, the accused intended to kill or to inflict serious injury in reckless disregard of human life; and

d) The victim or victims were persons taking no active part in the hostilities.

And,

COUNT 6
(Persecutions)

By his acts and omissions alleged in the preceding paragraphs, LJUBISA BEARA committed:

COUNT 6: Persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, including Murder, Cruel and Inhumane Treatment, Terrorising the Civilian Population, Destruction of Personal Property, and Forcible Transfer, punishable under Articles 5(h) and 7(1) of the Statute of the Tribunal.

42. The conduct of LJUBISA BEARA met the requisite four elements of Persecutions as a Crime against humanity, namely that:

a) There was an armed conflict;

b) In a manner related to a widespread or systematic attack directed against a civilian population, the accused committed acts or omissions against a victim or victim population violating a basic or fundamental human right;

c) The accused’s conduct was committed on political, racial, or religious grounds, and was committed with requisite discriminatory intent; and

d) The accused had knowledge of the wider context in which his conduct occurred.

43. As described in this Amended Indictment, the crime of persecutions was perpetrated, executed, and carried out by and through the following means:

    a) the murder of thousands of Bosnian Muslim civilians, including men, women, children, and elderly persons;

    b) the cruel and inhumane treatment of Bosnian Muslim civilians, including severe beatings at Potocari and in detention facilities in Bratunac and Zvornik;

    c) the terrorising of Bosnian Muslim civilians in Srebrenica and at Potocari;

    d) the destruction of personal property and effects belonging to the Bosnian Muslims; and

    e) the forcible transfer of Bosnian Muslims from Srebrenica by means of the forced bussing of the women and children to Bosnian Muslim-controlled territory and the forced bussing of the men, separated at Potocari or captured or having surrendered from the column, up to the Zvornik area, where they were ultimately executed.

And,

COUNT 7
(Forcible Transfer)

By his acts and omissions described in the preceding paragraphs, LJUBISA BEARA committed:

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

44. LJUBISA BEARA helped to organise and coordinate the forcible transfer of Bosnian Muslims from Srebrenica by means of the forced bussing of the women and children to Bosnian Muslim-controlled territory and the forced bussing of the men, separated at Potocari or captured or having surrendered from the column, up to the Zvornik area, where they were ultimately executed.
45. The conduct of LJUBISA BEARA met the requisite elements of Inhumane Acts (Forcible Transfer), as a Crime Against Humanity:

a) There was an armed conflict;

b) In a manner related to a widespread or systematic attack directed against a civilian population, the accused forcibly displaced one or more persons without grounds permitted under international law;

c) The forcible displacement was carried out by expulsion or other coercive acts;

d) The accused wilfully participated in the forcible displacement or other coercive acts;

e) The accused acted with the intent that the removal of the person or persons be permanent; and

f) The accused had knowledge of the wider context in which his conduct occurred.

__________
Carla Del Ponte
Prosecutor

Dated this 30^th day of March 2005
The Hague,
The Netherlands