v.

IVAN CERMAK

and

MLADEN MARKAC

AMENDED INDICTMENT

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

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as follows:

1. Ivan CERMAK was born on 19 December 1949, in the Municipality of Zagreb in the Republic of Croatia ("Croatia"), which was then part of the Socialist Federal Republic of Yugoslavia (the "SFRY"). Between 1990 and 1991, Ivan CERMAK held the position of Vice President of the Executive Board of the Croatian Democratic Union (the "HDZ") and also served as an advisor to the President of the Republic of Croatia, Franjo TUDJMAN. In 1991, Ivan CERMAK was appointed the Assistant Minister of Defence in the Croatian Government, a position he held until 1993. While in this position and thereafter, he held the rank of Colonel General.

2. Ivan CERMAK had a close personal relationship with President Franjo TUDJMAN. On 5 August 1995, President TUDJMAN personally appointed Ivan CERMAK as Commander of the Knin Garrison, by which Ivan CERMAK was the highest ranking Croatian military authority in the Garrison’s jurisdiction, which encompassed the municipalities of Civljane, Ervenik, Kijevo, Kistanje, Knin, Nadvoda and Orlic. Ivan CERMAK established his headquarters in Knin on or about 5 or 6 August 1995, and continued as Garrison Commander until approximately 15 November 1995. In addition to acting in military and administrative roles as the Garrison Commander, Ivan CERMAK acted as a representative of the Croatian Government in dealing with members of the international community and media concerning Operation Storm in areas that extended beyond the boundaries of the Garrison command.

3. In his combined capacities, Ivan CERMAK participated in various structures of power and responsibility, and possessed effective control over members of Croatian Army units or elements who comprised or were attached to, or operated in the Knin Garrison, and also over civilian police who operated in the Garrison area and areas adjacent to it. The Croatian Army ("HV") units comprising or operating in the Garrison and adjacent areas included, without limitation: the 4th and 7th HV Brigades; the 1st Croatian Guards Brigade (1HGZ); the 113th Infantry Brigade; 142nd Infantry Brigade; 144th Infantry Brigade; 126th Home Guard Regiment ("HGR"); the 6th HGR; the 7th HGR; the 134th HGR; and a combined Military Police company (consisting of units from the 72nd and 73rd Military Police battalions). Members of the Zadar Knin and Kotar Knin Police Administrations (including various stations and posts) also operated in the same area as the Garrison.

4. Ivan CERMAK was responsible, inter alia, for maintaining order; disciplining and supervising the conduct of military personnel; organising duty services in the garrison; and establishing cooperation and coordination between or among the Knin Garrison and area police forces, for the purposes of establishing and maintaining law and order. All of his subordinates were required to carry out his orders. He had the material ability to prevent persons under his authority from committing crimes and to punish his subordinates for any crimes that they committed. He also had the ability to recommend or propose disciplinary measures against members of the Croatian Army who were involved in Operation Storm and continuing related actions, until 15 November 1995.

5. Mladen MARKAC was born on 8 May 1955, in Djurdjevac, in the Municipality of Djurdjevac in the Republic of Croatia, then part of the SFRY. In 1981, Mladen MARKAC graduated from the University of Zagreb, and in 1982, he completed his compulsory military service. He then joined the police force of the SFRY Ministry of the Interior.

6. In 1990, Mladen MARKAC and others established a police unit for special tasks in the Ministry of the Interior. He was appointed Deputy Commander and in late 1990, this unit became the Anti-Terrorist Unit. In 1991, Mladen MARKAC was appointed the head of the Lucko Anti-Terrorist Unit. In 1992, he was promoted to the rank of Colonel General (reserve).

7. On 18 February 1994, Mladen MARKAC was appointed Commander of the Special Police of the Ministry of the Interior of the Republic of Croatia (the "Special Police"), which gave him overall authority and responsibility for the operation and functioning of the Special Police. During the same period, Mladen MARKAC was also Assistant Minister of the Interior for Special Police. Following Operation Storm, Mladen MARKAC held the rank of Colonel General.

8. As Commander of the Special Police, Mladen MARKAC participated in various structures of power and responsibility, and possessed effective control over all members of the Special Police who were involved in Operation Storm and the related continuing operations in that region. The participating Special Police force was comprised of individuals from special purpose units, including the Lucko Anti-Terrorist Unit, the Special Police logistics department and a Ministry of Interior communications company, as well as individuals from Special Police units from various District Police Administrations throughout Croatia, including those from Bjelovar-Bilogora, Dubrovnik-Neretva, Istria, Karlovac, Krapina-Zagorje, Lika-Senj, Osijek-Baranja, Primorje-Gorski Kotar, Sibenik, Sisak-Moslavina, Split-Dalmatia, Varazdin, Vukovar-Srijem, Zadar-Knin and Zagreb. Mladen MARKAC also possessed effective control over all members of those HV rocket and artillery units attached to his forces or subordinated to his command during Operation Storm. All of his subordinates were required to carry out his orders. He had the material ability to prevent persons under his authority from committing crimes and to punish his subordinates for any crimes that they committed. He also had the ability to recommend or propose disciplinary measures against members of the Croatian Army who were subordinated to his command during the operation.

9. From at least July 1995 to 15 November 1995 and thereafter, Ivan CERMAK and Mladen MARKAC, along with other persons described below, planned, established, implemented and/or participated in a joint criminal enterprise, the common purpose and objectives of which were the permanent removal of the Serb population from the Krajina region, by force, fear or threat of force, persecution, forced displacement, transfer and deportation, appropriation and destruction of property and other means, which constituted or involved the commission of crimes punishable under Articles 3 and 5 of the Tribunal Statute, as further described herein.

10. During and in the course of an operation known as "Oluja" ("Storm") ("Operation Storm") and the weeks continuing thereafter, Croatian forces and members of the joint criminal enterprise committed crimes against the Serb civilian population and civilian property as part and in furtherance of the joint criminal enterprise, including but not limited to, the forcible displacement of the Serb civilian population from their homes and the systematic plunder and destruction of property belonging to the Serb civilian population, the purpose of which was to expel or remove the Serb civilian population and/or to discourage and/or prevent members of that population from returning to their homes and resuming habitation, thereby permanently removing and ethnically cleansing these Serbs from the Krajina region.

11. This joint criminal enterprise, of which Ivan CERMAK and Mladen MARKAC were members and key participants, was in the process of being conceived, planned and prepared by at least July 1995 and was fully implemented in August 1995 and thereafter.

12. Many persons participated with Ivan CERMAK and Mladen MARKAC in this joint criminal enterprise. These persons included: Franjo TUDJMAN, the President of the Republic of Croatia (deceased, 10 December 1999); Gojko ŠuSak, the Minister of Defence of the Republic of Croatia (deceased, 3 May 1998); Janko Bobetko, Chief of the Main Staff of the Croatian Army until mid-July 1995 (deceased, 29 April 2003); Zvonimir Cervenko, Chief of the Main Staff of the Croatian Army during and following Operation Storm (deceased, 17 February 2001); Ante Gotovina, a senior Croatian Army General; various officers, officials and members of the Croatian government and political structures, at all levels (including in municipal governments and local organisations); various leaders and members of the HDZ; various officers and members of the armed forces of the Republic of Croatia, including the Army ("HV") and Air Force ("HRZ"), the Special Police, the civilian police, and other Republic of Croatia security and/or intelligence services ("Croatian forces"); and other persons, both known and unknown.

13. Various members of the joint criminal enterprise, including Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with others, participated in and acted in furtherance of the joint criminal enterprise, by:

1. establishing, organising, commanding, ordering, directing, facilitating, participating in, supporting, maintaining and/or operating the HV, military police, Special Police, intelligence and other forces through which the objectives of the joint criminal enterprise were pursued and implemented and by which various crimes charged in this indictment, such as forcible transfer and deportation, plunder and destruction of property, killings and inhumane treatment were committed;
2. initiating, promoting, planning, preparing, participating in, supporting and/or encouraging the development, formulation, dissemination and/or implementation of Croatian political, governmental and/or military policies, programs, plans, decrees, decisions, regulations, strategies or tactics which were used as bases or vehicles for various actions against or to the disadvantage of Serbs, such as depriving them of fundamental human rights, housing, property and/or humanitarian assistance, as part of the joint criminal enterprise;
3. instigating, supporting, encouraging, facilitating and/or participating in the dissemination of information, false information and propaganda to the Krajina Serbs that was intended to advance the joint criminal enterprise, including, without limitation: (i) stating that the Serbs’ safety and rights would be guaranteed (while, in fact, intending to displace, transfer or deport them from the Krajina; and (ii) using information to intimidate or confuse the Krajina Serbs and cause them to leave the area;
4. promoting, instigating, facilitating, encouraging and/or condoning the perpetration of violent acts;
5. promoting, instigating, permitting, encouraging and condoning the commission of crimes against Serbs by failing to report and/or investigate crimes or alleged crimes against them, to follow up on such allegations and/or investigations, and/or to punish or discipline subordinates and others in the Croatian authorities and forces (over whom they possessed effective control) for crimes committed against Serbs; and
6. engaging in, encouraging, facilitating or supporting efforts to deny, conceal and/or minimise crimes committed by the Croatian authorities and forces against Serbs, including the provision of false, incomplete or misleading information to international organisations, monitors, investigators and the public.

14. Ivan CERMAK participated in and furthered the joint criminal enterprise both directly and indirectly, including with and through other members of the joint criminal enterprise and through subordinates over whom he possessed effective control and/or persons whom he could direct or substantially affect, as described in paragraphs 2, 3 and 4. In particular, and without limitation, Ivan CERMAK participated in the joint criminal enterprise by:

1. issuing orders and directions concerning the administration and operation of the Knin Garrison;
2. directing, facilitating, supporting and issuing orders to elements and/or members of the Croatian Ministry of Defence and Ministry of the Interior, including the military police and civilian police;
3. denying and/or minimising the ongoing criminal activity, while knowing that widespread destruction and plunder of property belonging to Serb civilians and the unlawful killing and inhumane treatment of Krajina Serbs were ongoing;
4. failing to establish and maintain law and order, and neither preventing nor punishing crimes committed against the Krajina Serbs;
5. providing false assurances to the international community that action to stop the crimes was being and/or would be taken; and
6. participating in the reporting of false information.

15. Mladen MARKAC participated in and furthered the joint criminal enterprise both directly and indirectly, including with and through other members of the joint criminal enterprise and through subordinates over whom he possessed effective control and/or persons whom he could direct or substantially affect, as described in paragraphs 6, 7 and 8. In particular, and without limitation, Mladen MARKAC participated in the joint criminal enterprise by:

1. participating in the planning and preparation of the operational use of the Special Police and attached HV rocket and artillery units in Operation Storm and the related continuing operations in the region, from at least July 1995 to early August 1995;
2. ordering the Special Police and attached HV rocket and artillery units in Operation Storm to carry out the operation, from at least July 1995 to approximately 9 August 1995; and
3. ordering the Special Police to carry out related continuing operations in the region from at least 10 August 1995 and through to 15 November 1995.

16. The Republic of Croatia declared its independence on 25 June 1991, by which time an armed conflict had erupted in some areas of Croatia between Serb and Croat armed forces. By approximately September 1991, various Serb forces, including the Yugoslav People’s Army (JNA) and Croatian Serb forces, controlled approximately one-third of the territory of the Republic of Croatia.

17. On 19 December 1991, the Assembly of the Serbian Autonomous Region of Krajina, together with Serbs from other parts of Croatia declared independence from Croatia and purported to form a new entity, the self-proclaimed Republika Srpska Krajina (the "RSK"). The RSK military force was known as the Srpska vojska Krajine (the Serbian Army of Krajina or "SVK").

18. In February 1992, in accordance with the Vance Plan, the United Nations Security Council established a United Nations Protection Force ("UNPROFOR"), parts of which were deployed in United Nations Protected Areas in Croatia. The United Nations Protected Areas (or "UNPA"s) were areas in Croatia where Serbs constituted a majority or substantial minority of the population and where inter-ethnic tensions had already led to armed conflict. There were four UNPAs, known as Sectors North, South, East and West.

19. The Krajina region, including the area covered by the former UNPA Sector South and UNPA Sector North, was part of or within the territory claimed by the RSK. The southern portion of the Krajina region included, without limitation, the following municipalities: Benkovac, Civljane, Donji Lapac, Drnis, Ervenik, Gracac, Kijevo, Kistanje, Knin, Lisane Ostrovicke, Lisicic, Lovinac, Nadvoda, Obrovac, Oklaj, Orlic, Polaca, Smilcic, Titova Korenica and Udbina.

20. From 1992 to 1994, Croatian leaders, officials and forces formulated and implemented various operations to re-take territory claimed by the RSK, which included operations into the UNPAs and adjacent areas, including the following areas at the following times: in the area of the Miljevacki Plateau, in June 1992; in the area of the Maslenica bridge, in northern Dalmatia, in January 1993; and in the Medak Pocket, in September 1993.

21. Similar operations and efforts continued in 1995, including Operation Flash, in Western Slavonia in May 1995, and Operation Ljeto (or "Summer"), in the Dinaric Alps, in the area of Bosnia and Herzegovina adjacent to Knin Municipality and the surrounding areas, in July 1995.

22. By at least July and early August 1995, Croatian leaders, officials and forces (including members of the joint criminal enterprise) conceived, planned, established and implemented Operation Storm. Ante GOTOVINA was commander of HV and HRZ forces that comprised, or were attached to the Split Military District, and such other forces as were subordinated to his command for purposes of the operation. The major part of the military operation began in full effect on 4 August 1995 and continued for several days thereafter, with continuing actions and operations until approximately 15 November 1995.

23. The orchestrated campaign to drive the Serbs from the Krajina region began before the major military operation commenced on 4 August 1995, largely by the use of propaganda, disinformation and psychological warfare. Information was spread that the attack by Croatian forces was imminent, in circumstances where the Serb population, having experienced or become aware of large-scale crimes and misconduct in similar Croatian operations, was filled with panic and fear. In the midst of this, information was distributed, by radio, television and other means, that the Serbs were "free to leave" and that large convoys of Serbs were leaving the area. At the same time, maps depicting "exclusive Croat" territory were shown to Serb civilians and "exit routes" from these areas were made known. As the operation went forward, Croatian forces entered civilian Serb settlements at night, and threatened those civilians who had not already fled, with gunfire and other intimidation.

24. As further described below, the ethnic cleansing operation included severe violence against the Krajina Serbs and organised and systematic plunder and destruction of Serb property. This conduct was not sporadic or limited, but part and parcel of the whole campaign, intended to drive any remaining Serbs from the area and/or to prevent or discourage those who had fled from returning. Some who were attempting to flee were rounded up, loaded into vehicles and transported to detention facilities and "collection centres," to better ensure that they did not return to their settlements.

25. On commencing the major operation on 4 August 1995, Croatian forces engaged in looting Serb civilian property almost at the beginning, starting on the second day. Large-scale looting was carried out on a systematic basis, involving both homes and businesses. Convoys of looters were observed going empty-handed into particular towns and then leaving fully-loaded, with household goods, personal belongings and even livestock. Homes, including those occupied by international representatives, were ransacked and completely emptied of their contents, including refrigerators, stoves, electronic equipment, furniture and clothes, down to doors and window frames. In some instances, detained Serb civilians were ordered to conduct looting on behalf of Croatian forces. After loading the stolen property onto military trucks, the detained Serbs were then forced to also unload the stolen items. Most of the looting occurred in homes which had been abandoned by fleeing Serbs, but there were also many instances where the persons were present while their belongings were stolen under threat of physical violence.

26. The wanton destruction of Serb towns and villages commenced within one or two days following the beginning of Operation Storm. Once the minimal (and in many instances, non-existent) SVK resistance was overcome, Croatian forces and some Croat civilians under their watch implemented a scorched earth, ethnic cleansing campaign, as they systematically destroyed Serb civilian property and livestock throughout the Krajina region. These forces, including HV and Special Police, destroyed Serb homes, barns, businesses, buildings, crops and livestock. Often operating in "arson squads" using inflammable fuels, incendiary bullets and explosives, the Croatian forces left some towns and numerous villages completely destroyed. In places where Serb and Croat properties were side by side, Croat houses were spared whilst Serb houses were burned. Livestock, such as cattle and pigs, were shot or burned to death in barns and stables. Wells and water supplies were intentionally spoiled. By 15 November 2005, the devastation of Serb properties in the southern Krajina region was so extensive that the Krajina Serb community and habitat were virtually destroyed.

27. Many Serb civilians who remained in the area rather than fleeing, including men not of military status and unarmed, elderly women and invalids, were unlawfully killed during Operation Storm and the continuing actions, as evidenced, in part, by mass grave excavations. Soldiers opened fire on groups of civilians. Persons were shot while fleeing their homes. Dead bodies were strewn along roads. Persons were observed being shot at point-blank range and killed execution-style, and many persons had to look on while family members were killed. Some persons were burned alive and dumped into wells. Other persons were killed as a result of multiple stab wounds. Persons mysteriously disappeared from their homes and neighbourhoods. Some were later found dead and others were never found.

28. In the course of Operation Storm and the following actions, participants in the joint criminal enterprise and subordinates of the accused inflicted extensive and widespread inhumane acts on Serb civilians and persons taking no part in hostilities, including persons placed hors de combat, causing not only mental abuse, humiliation and anguish (including by threats to kill such persons or their families), but also severe physical injury, by shooting, beating, kicking and burning people, including extensive shelling of civilian areas and an aerial attack on fleeing civilians. Family members were often forced to watch while other family members were beaten and abused. Inhumane acts and cruel treatment were especially inflicted on the most vulnerable victims, including elderly women and civilians in hospitals.

29. A "demographic policy" was also implemented whereby much of the Serb Krajina was to be "urgently colonized with Croats," whereby Croatian forces and other Croats were moved into many of the abandoned Serb houses that survived. Homes belonging to Serbs were expropriated. While rights to return to the area or reclaim property may have formally existed, the destruction of Serb property and their papers, under the circumstances of mass flight, made such relief largely artificial and unavailable, and intentionally so.

30. It was in, and as part of these events that, from at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed and/or aided and abetted the planning, preparation and/or execution of the crimes charged in Counts 1 through 9 below.

31. Pursuant to Article 7(1), each accused is charged with and criminally responsible for the crimes which he planned, instigated, ordered and/or committed. As part of this responsibility, each accused is charged as a co-perpetrator and/or indirect perpetrator. Each accused is responsible for his participation in the crimes charged, based on his own acts and, where he had a duty to act, on his omissions or failures to act, both directly and indirectly, through or by way of his subordinates or other persons, and by or through structures of power of which he was a part or in which he played a role.

32. Each accused acted with the state of mind required for the commission of each crime charged in this indictment. In addition or in the alternative, each accused was aware of the substantial likelihood that the execution of his plans and orders, and the carrying out of the acts and conduct which he instigated, would involve or result in the crimes charged in this indictment.

33. In particular, each accused acted with or shared the following states of mind (or mens rea) with respect to the crimes charged in this indictment:

1. Persecutions on political, racial and religious grounds, punishable under Article 5(h) of the Statute (Count 1) – the accused and/or perpetrator acted with discriminatory intent, with the intention to discriminate on political, racial or religious grounds.
2. Deportation, punishable under Article 5(d) of the Statute (Count 2) – the accused and/or perpetrator acted with the intent that the removal of the person or persons be permanent.
3. Inhumane acts (forcible transfer), punishable under Article 5(i) of the Statute (Count 3) -- the accused and/or perpetrator acted with the intent that the removal of the person or persons be permanent.
4. Plunder of public or private property, punishable under Article 3(e) of the Statute (Count 4) – the accused and/or perpetrator took or acquired the property wilfully.
5. Wanton destruction of cities, towns or villages, or devastation not justified by military necessity, punishable under Article 3(b) of the Statute (Count 5) -- the accused and/or perpetrator acted with the intent to destroy the property in question or in reckless disregard of the likelihood of its destruction.
6. Murder, punishable under Articles 5(a) and 3 of the Statute (Counts 6 and 7) -- the accused and/or perpetrator acted with the intent to kill or to inflict grievous bodily harm or serious injury, in the reasonable knowledge that such act or omission was likely to cause death.
7. Inhumane acts, punishable under Article 5(i) of the Statute (Count 8) -- the accused and/or perpetrator acted with or was motivated by the intent to inflict serious bodily or mental harm.
8. Cruel treatment, punishable under Article 3 of the Statute (Count 9) – the accused and/or perpetrator acted intentionally or deliberately (judged objectively), in that the acts or omissions were not accidental.

34. In addition or in the alternative, pursuant to Article 7(1), each accused is criminally responsible for aiding and abetting the planning, preparation and/or execution of the crimes charged in this indictment. Each accused was aware that he was assisting the commission of the crimes charged in this indictment or was aware that one or a number of crimes would probably be committed and was aware that his acts or omissions would assist the commission of such crime or crimes.

35. In addition or in the alternative, pursuant to Article 7(1), each accused is criminally responsible for the crimes which were committed as part of the joint criminal enterprise, in the sense that each of the accused committed these crimes as a member of or participant in such enterprise. (By using the word "committed" in this context, the Prosecutor does not mean to indicate that a particular accused, or either of them, necessarily committed, by his own physical person, the crime(s) charged. "Committed" in this context refers to the accused’s participation in a joint criminal enterprise.) As part of his responsibility, each accused is also charged as a co-perpetrator and/or indirect perpetrator. Each accused is responsible for his participation in the crimes charged, based on his own acts and, where he had a duty to act, on his omissions or failures to act, both directly and indirectly, through or by way of his subordinates or other persons, and by or through structures of power of which he was a part or in which he played a role.

36. The crimes charged in Counts 1 through 5 were intended and within the purpose or objectives of the joint criminal enterprise and were committed in the course of the enterprise. The joint criminal enterprise was in existence at the time of the commission of the crimes charged in this indictment, and at the time of the participatory conduct of each of the accused in furtherance thereof.

37. Each accused knowingly participated in the joint criminal enterprise, and possessed and/or shared the requisite state of mind concerning each of the crimes which were committed as part of the joint criminal enterprise.

38. Each accused substantially participated in and/or contributed to the joint criminal enterprise, in carrying out the enterprise and accomplishing or attempting to accomplish its purpose or objectives.

39. In addition or in the alternative, as to any crime charged in this indictment which was not within the purpose or objectives of the joint criminal enterprise, such crime was the natural and foreseeable consequence of the joint criminal enterprise and of implementing or attempting to implement the enterprise and each accused was aware of this possible consequence and, despite this awareness, joined and continued in the enterprise and willingly took the risk that the crimes would be committed and is responsible for the crimes charged.

40. In addition or in the alternative, to the extent that an accused was not a member of the joint criminal enterprise, he is criminally responsible for aiding and abetting the joint criminal enterprise, with the requisite state of mind.

41. In addition or in the alternative, pursuant to Article 7(3), each accused is charged with and criminally responsible for the criminal acts and/or omissions of his subordinates which he knowingly failed to prevent or punish. Each accused was a superior to subordinates over whom he possessed effective control (that is, the material ability to prevent or punish), who were involved in the commission of crimes charged in this indictment. Each accused knew and/or had reason to know that one or more such subordinates was about to commit or had committed such crimes and failed to take necessary and reasonable measures to prevent such crimes or punish, remove or discipline such persons.

42. Each accused knew and/or had reason to know of the crimes charged in this indictment, which were about to be or had been committed by his subordinates, by and through various means, including but not limited to: (a) the exercise of command functions over and concerning his subordinates, including their receipt of reports and information in the course of these functions; (b) the operation of headquarters and field communication systems; (c) their personal presence, involvement and observations in various operations in the Krajina region during the time covered by this indictment; (d) knowledge and information concerning the conduct of various Croatian forces and Special Police in previous, ongoing and similar operations; (e) media reports of crimes and suspected crimes; and (f) communications and meetings with members and representatives of the international community (including UN monitors and others), non-governmental organisations and media.

43. To the extent required, other perpetrators or actors involved in, and/or aiding or abetting, the commission of each crime charged in this indictment acted with or shared the requisite state of mind.

44. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and/or various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of persecutions against the Krajina Serb population, on political, racial and/or religious grounds, in the southern portion of the Krajina region, including in the following municipalities or parts thereof: Benkovac, Cviljane, Donji Lapac, Drnis, Ervenik, Gracac, Kijevo, Kistanje, Knin, Lisane Ostrovicke, Lisicic, Lovinac, Nadvoda, Obrovac, Oklaj, Orlic, Polaca, Smilcic, Titova Korenica and Udbina.

By these acts and omissions (including those alleged in paragraphs 9-15, 22-30 and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 1: persecutions on political, racial and religious grounds, a CRIME AGAINST HUMANITY, punishable under Statute Articles 5(h), 7(1) and 7(3).

45. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of the forcible transfer and/or deportation of members of the Krajina Serb population from the southern portion of the Krajina region to the SFRY, Bosnia and Herzegovina and/or other parts of Croatia, by the threat and/or commission of violent and intimidating acts (including the plunder and destruction of property), the effect of which was to displace, transfer or deport the Krajina Serbs from the area (including causing them to flee or leave the area) and/or to prevent or discourage them from returning to the area, including in the following municipalities or parts thereof: Benkovac, Civljane, Donji Lapac, Drnis, Ervenik, Gracac, Kijevo, Kistanje, Knin, Lisane Ostrovicke, Lisicic, Lovinac, Nadvoda, Obrovac, Oklaj, Orlic, Polaca, Smilcic, Titova Korenica and Udbina.

By these acts and omissions (including those alleged in paragraphs 9-15, 23-24, 29 and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 2: deportation, a CRIME AGAINST HUMANITY, punishable under Statute Articles 5(d), 7(1) and 7(3).

Count 3: inhumane acts (forcible transfer), a CRIME AGAINST HUMANITY, punishable under Statute Articles 5(i), 7(1) and 7(3).

46. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of the systematic plunder of the property of the Krajina Serbs, including their homes, outbuildings, barns and/or livestock, including in the following municipalities or parts thereof: Benkovac, Donji Lapac, Drnis, Ervenik, Gracac, Kistanje, Knin, Lisane Ostrovicke, Lovinac, Nadvoda, Obrovac, Oklaj, Orlic, Polaca, Titova Korenica and Udbina.

By these acts and omissions (including those alleged in paragraphs 9-15, 25 and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 4: plunder of public or private property, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Statute Articles 3(e), 7(1) and 7(3).

47. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of the systematic destruction (including burning) of and substantial damage to villages, homes, outbuildings and/or barns belonging to the Krajina Serbs, the killing of their livestock and the spoiling of their wells, including in the following municipalities or parts thereof: Benkovac, Civljane, Donji Lapac, Drnis, Ervenik, Gracac, Kijevo, Kistanje, Knin, Lisane Ostrovicke, Lisicic, Lovinac, Nadvoda, Obrovac, Oklaj, Orlic, Polaca, Smilcic, Titova Korenica and Udbina.

By these acts and omissions (including those alleged in paragraphs 9-15, 26 and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 5: wanton destruction of cities, towns or villages, or devastation not justified by military necessity, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, punishable under Statute Articles 3(b), 7(1) and 7(3).

48. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of the murder of Krajina Serb civilians and persons taking no part in hostilities, including members of Serb armed forces who had laid down their arms and those placed hors de combat, by various means, including by shooting, burning and/or stabbing them, including in the following municipalities or parts thereof: Donji Lapac, Drnis, Ervenik, Gracac, Kistanje, Knin and Orlic (particular incidents of which are listed in the attached Schedule).

By these acts and omissions (including those alleged in paragraphs 9-15, 27, and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 6: murder, a CRIME AGAINST HUMANITY, punishable under Statute Articles 5(a), 7(1) and 7(3).

Count 7: murder, a VIOLATION OF THE LAWS AND CUSTOMS OF WAR, as recognised by Common Article 3(1)(a) and Article 5 of the Geneva Conventions of 1949, punishable under Statute Articles 3, 7(1) and 7(3).

49. From at least July 1995 to about 15 November 1995, Ivan CERMAK and Mladen MARKAC, acting individually and/or in concert with other members of the joint criminal enterprise, and various subordinates over whom the accused possessed effective control, planned, instigated, ordered, committed, and/or aided and abetted the planning, preparation and/or execution of the infliction of inhumane acts and cruel treatment against Krajina Serb civilians and persons taking no part in hostilities, including members of Serb armed forces who had laid down their arms and those placed hors de combat, including their humiliation and/or degradation, by firing upon (including by aerial attack), assaulting, beating, stabbing, threatening and burning them, including in the following municipalities or parts thereof: Benkovac, Donji Lapac, Drnis, Gracac, Kistanje, Knin and Orlic.

By these acts and omissions (including those alleged in paragraphs 9-15, 28, and 31-43), Ivan CERMAK and Mladen MARKAC are responsible for the following crime(s):

Count 8: inhumane acts, a CRIME AGAINST HUMANITY, punishable under Statute Articles 5(i), 7(1) and 7(3).

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

50. Unless otherwise specifically stated, all acts and omissions alleged in this indictment occurred in or on the territory of the former Yugoslavia.

51. At all relevant times, a state of armed conflict existed in the Krajina region of the Republic of Croatia in or on the territory of the former Yugoslavia.

52. All acts, practices, omissions and conduct charged as a crime in this indictment occurred as part of a widespread or systematic attack directed against a civilian population, namely, the Serb population of the southern portion of the Krajina region.

53. At all relevant times, each of the accused was required to abide by the laws and customs governing the conduct of war, including the Geneva Conventions of 1949 (including Common Article 3) and the additional protocols thereto.

54. All acts, practices, omissions and conduct charged in connection with the destruction of property were committed, omitted and/or carried out unlawfully and wantonly, and without military necessity or justification.

55. The acts, practices, omissions and conduct by which the accused and other persons committed persecutions, as charged in Count 1, included, without limitation, the crimes charged in Counts 2 through 9.

56. The allegations and counts charging or involving murder or killing include all murders and killings which were committed by members of the Croatian forces in the course of the conduct outlined in this Indictment. The Schedule concerning these allegations sets forth only a small number of particular incidents for the purposes of specificity in pleading.

____________________
Carla Del Ponte
Prosecutor

6 May 2005
The Hague, The Netherlands