Case No. IT-03-73-I
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 of the Tribunal"), charges:
- Ivan CERMAK was born on 19 December 1949, in the Municipality of
Zagreb in the Republic of Croatia, 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 (HDZ) and also served
as an advisor to President Franjo TUDMAN.
- In 1991, Ivan CERMAK was appointed the Assistant Minister of Defence
in the government of the Republic of Croatia, which position he held until
1993. Whilst in this position and thereafter, he held the rank of Colonel
General. In 1993, he was appointed the Minister of Trade, Shipbuilding and
Energy. In December 1993, Ivan CERMAK ceased to be a Minister of the
Croatian government.
- On 5 August 1995, President Franjo TUDMAN appointed Ivan CERMAK
the Commander of the Knin Garrison. Ivan CERMAK established his headquarters
in Knin on 5 or 6 August 1995.
- On or about 15 November 1995, Ivan CERMAK was succeeded as
the Commander of the Knin Garrison by his Deputy.
MLADEN MARKAC
- Mladen MARKAC was born on 8 May 1955, in Durdjevac, in the Municipality
of Durdjevac 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 Ministry of the Interior of the SFRY.
- In 1990, Mladen MARKAC, and others, established a police unit for
special tasks within the Ministry of the Interior. He was appointed Deputy
Commander of the unit which, in late 1990, 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 Major General (reserve).
- 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 RH MUP"). In the aftermath of Operation Storm Mladen MARKAC held
the rank of Colonel General.
INDIVIDUAL AND SUPERIOR CRIMINAL RESPONSIBILITY
- Ivan CERMAK and Mladen MARKAC are individually criminally
responsible for the crimes which are referred to in Articles 3 and 5 of the
Statute of the Tribunal and which are alleged in this Indictment pursuant
to Article 7(1) of the Statute of the Tribunal. Acting individually or in
concert with others, each accused planned, instigated, ordered, committed,
or otherwise aided and abetted in the planning, preparation, or execution
of such crimes, or foresaw the likelihood that they would be committed.
- By using the word "committed" in the Indictment, the Prosecutor also includes
acts that the accused committed by participating in a joint criminal enterprise.
On 4 August 1995, the Republic of Croatia launched a military offensive known
as "Oluja" or "Storm" ("Operation Storm"), with the objective of re-taking
the Krajina region. During and after Operation Storm, and at all times relevant
to this Indictment, Ivan CERMAK and Mladen MARKAC, with others
including Ante GOTOVINA and President Franjo TUDMAN,
participated in a joint criminal enterprise, the common purpose of which was
the forcible and permanent removal of the Serb population from the Krajina
region, including by the plunder, damage or outright destruction of the property
of the Serb population, so as to discourage or prevent members of that population
from returning to their homes and resuming habitation.
- The crimes enumerated in Counts 1 and 3 to 6 of this Indictment were within
the common purpose of the joint criminal enterprise. Each of the accused had
the state of mind necessary for the commission of each of these crimes.
- The crimes enumerated in Counts 2 and 7 and, as an alternative to the allegation
in paragraph 12, Counts 1 and 3 to 6, were the natural and foreseeable consequences
of the execution of the joint criminal enterprise and each of the accused
was so aware.
- During Operation Storm and its aftermath, Croatian forces attacked and took
control of towns, villages and hamlets in the southern portion of the Krajina
region. Pursuant to the orders of each of the accused, Ivan CERMAK
and Mladen MARKAC, these forces carried out the acts which give rise
to Counts 1 and 3 to 6. By their acts and omissions, each of the accused thereby
encouraged others, including Croatian civilians, to also perpetrate those
acts that give rise to those charges. Further, each of the accused, Ivan
CERMAK and Mladen MARKAC, had a duty to restore and ensure public
order and safety and failed to fulfil this duty.
- As the Commander of the Knin Garrison, and pursuant to the authority conferred
on him by President Franjo TUDMAN, to whom he was directly responsible, Ivan
CERMAK exercised de jure and/or de facto control over some
of the Croatian forces operating in the southern portion of the Krajina region
during Operation Storm from the time of his appointment, and in the Operation’s
aftermath. In particular, Ivan CERMAK exercised effective control over
the units of the RH MUP, and some elements of the HV including the Military
Police and the civil administration, and through them, exercised territorial
control over significant areas in which the crimes alleged in this Indictment
were committed.
- As Commander of the Special Police of the RH MUP, during and after Operation
Storm, Mladen MARKAC deployed, and issued orders to, the Special
Police forces, and otherwise exercised control over them.
- Ivan CERMAK and Mladen MARKAC, while holding positions
of superior authority, are also individually criminally responsible for the
acts or omissions of their subordinates, pursuant to Article 7(3) of the Statute
of the Tribunal. A superior is responsible for the criminal acts of his subordinates
if he 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 the necessary reasonable
measures to prevent such acts or to punish the subordinates.
- Ivan CERMAK and Mladen MARKAC had the power, authority
and responsibility to prevent or punish serious violations of international
humanitarian law committed by Croatian forces during and after Operation Storm.
Each accused knew, or had reason to know, that all crimes alleged within this
Indictment were about to be committed or had been committed by their subordinates
and they failed to take necessary and reasonable measures to prevent acts
or to punish the perpetrators thereof. Each accused is therefore individually
criminally responsible under Article 7(3) of the Statute of the Tribunal.
GENERAL ALLEGATIONS
- At all times relevant to this Indictment, a state of armed conflict existed
in the Krajina region of the Republic of Croatia in the territory of the former
Yugoslavia.
- At all times relevant to this Indictment, the accused, Ivan CERMAK
and Mladen MARKAC were required to abide by the laws and customs
governing the conduct of war, including Common Article 3 of the Geneva Conventions
of 1949.
- The acts or omissions alleged against the accused in this Indictment which
constitute Crimes against Humanity are crimes punishable by Article 5 of the
Statute of the Tribunal, and were part of a widespread or systematic attack
directed against a civilian population, namely the Serb population of the
southern portion of the Krajina region.
- In this Indictment every reference to "Croatian forces" means and includes
those units of the HV, the Croatian Air Force or Hrvatsko Ratno Zrakoplovstvo
(the "HRZ"), and units of the RH MUP that participated in Operation Storm
and/or its aftermath and also the civilian and Special Police, in the southern
portion of the Krajina region.
- The Counts in the Indictment in relation to murder, and the Count of persecutions
insofar as it relies on the acts of murder, allege the totality of these acts.
The Schedule to these counts sets forth only a small number of individual
incidents for the purposes of specificity of pleading.
- The general allegations contained in the previous paragraphs are re-alleged
and incorporated into each of the related charges, which are set out below.
CHARGES
COUNT 1
(PERSECUTIONS)
- Between 4 August 1995 and 15 November 1995, each of the accused, Ivan
CERMAK and Mladen MARKAC, acting individually and/or in concert
with other members of the joint criminal enterprise, planned, instigated,
ordered, committed or otherwise aided and abetted in the planning, preparation,
or execution of persecutions of the Krajina Serb population in the southern
portion of the Krajina region.
The crime of persecutions was perpetrated through the following:
Plunder of Public or Private Property
- Between 4 August 1995 and 15 November 1995, Croatian forces systematically
plundered the property of the Krajina Serbs, including their homes, outbuildings,
barns and livestock in the towns, villages and hamlets of the Municipalities
of Benkovac, Donji Lapac, Drnis, Gospic, Gracac, Knin, Korenica, Obrovac,
Sibenik, Sinj and Zadar.
Destruction of Property
- Between 4 August 1995 and 15 November 1995, Croatian forces systematically
set fire to or otherwise destroyed villages, homes, outbuildings and barns
belonging to the Krajina Serbs, killed their livestock and spoiled their wells.
Thousands of dwellings in the Municipalities of Benkovac, Donji Lapac, Drnis,
Gospic, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar were damaged
or destroyed.
Deportation / Forced Displacement
- Between 4 August 1995 and 15 November 1995, Croatian forces directed violent
and intimidating acts against Krajina Serbs, including the plunder and destruction
of their property, thereby forcing them to flee the southern portion of the
Krajina region.
- These acts were intended to discourage or prevent those who had already
fled the area, either immediately before or during Operation Storm in anticipation
of an armed conflict, from returning to their homes. The effect of these violent
and intimidating acts was a deportation and/or displacement of tens of thousands
of Krajina Serbs to Bosnia and Herzegovina and Serbia.
The Prosecution alleges that the following two acts were
natural and foreseeable consequences of the joint criminal enterprise, and
on that basis also contributed to the offence of persecutions.
Murder
- Between 4 August 1995 and 15 November 1995, Croatian forces murdered at
least 150 Krajina Serbs. Specifically referred to in this Indictment are the
murders of 1 person in the Benkovac Municipality, 30 persons in the Knin Municipality,
and 1 person in the Korenica Municipality.
Listed in the Schedule, attached hereto, are further particulars
of such murders.
Other Inhumane Acts
- Between 4 August 1995 and 15 November 1995, large numbers of Krajina Serbs
were subjected to inhumane treatment, humiliation and degradation by Croatian
forces that beat and assaulted them.
- Alternatively, each of the accused Ivan CERMAK and Mladen MARKAC
knew or had reason to know that forces under his effective control were
committing the acts described in paragraphs 25 through 31 above, or had done
so, including as a result of having been so informed by representatives of
the international community. Each of the accused Ivan CERMAK
and Mladen MARKAC failed to take necessary and reasonable measures
to prevent the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC did commit:
Count 1: a CRIME AGAINST HUMANITY,
namely Persecutions on political, racial and religious grounds, punishable
under Article 5 (h) read with Articles 7 (1) and 7 (3) of the Statute of the
Tribunal.
COUNT 2
(MURDER)
- Between 4 August 1995 and 15 November 1995, Croatian forces murdered at
least 150 Krajina Serbs by means of shooting, burning or stabbing. Specifically
referred to in this Indictment are the murders of 1 person in the Benkovac
Municipality, 30 persons in the Knin Municipality, and 1 person in the Korenica
Municipality.
Listed in the Schedule, attached hereto, are further particulars
of such murders.
- Between 4 August 1995 and 15 November 1995, each of the accused Ivan
CERMAK and Mladen MARKAC knew or had reason to know that forces
under his effective control were about to murder Krajina Serbs as described
in paragraph 33 above, or had done so. Each of the accused Ivan
CERMAK and Mladen MARKAC failed to take necessary and reasonable
measures to prevent the commission of such acts or punish the perpetrators
thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC did commit:
Count 2: a VIOLATION OF THE LAWS OR
CUSTOMS OF WAR, namely Murder, as recognised by Common Article 3(1)(a)
of the Geneva Conventions of 1949, punishable under Article 3 read with Article
7 (3) of the Statute of the Tribunal.
COUNT 3
(PLUNDER OF PROPERTY)
- Between 4 August 1995 and 15 November 1995, Croatian forces systematically
plundered the property of the Krajina Serbs, including their homes, outbuildings,
barns and livestock, in the towns, villages and hamlets of the Municipalities
of Benkovac, Donji Lapac, Drnis, Gospic, Gracac, Knin, Korenica, Obrovac,
Sibenik, Sinj and Zadar.
- Each of the accused Ivan CERMAK and Mladen MARKAC acting individually
and/or in concert with other members of the joint criminal enterprise, planned,
instigated, ordered, committed or otherwise aided and abetted in the planning,
preparation, or execution of the acts of plunder of property.
- Alternatively, each of the accused Ivan CERMAK and Mladen MARKAC
knew, or had reason to know, that forces under his effective control were
about to commit the acts described in paragraph 35 above, or had done so.
Each of the accused Ivan CERMAK and Mladen MARKAC failed
to take necessary and reasonable measures to prevent the commission of such
acts or punish the perpetrators thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC, did commit:
Count 3: a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, namely Plunder of public or private property, punishable under
Article 3 (e) read with Articles 7 (1) and 7 (3) of the Statute of the Tribunal.
COUNT 4
(WANTON DESTRUCTION OF CITIES, TOWNS OR VILLAGES)
- Between 4 August 1995 and 15 November 1995, Croatian forces systematically
set fire to or otherwise destroyed villages, homes, outbuildings and barns
belonging to Krajina Serbs, killed their livestock and spoiled their wells.
Thousands of dwellings in the Municipalities of Benkovac, Donji Lapac, Drnis,
Gospic, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar were destroyed.
- Each of the accused Ivan CERMAK and Mladen MARKAC, acting
individually and/or in concert with other members of the joint criminal enterprise,
planned, instigated, ordered, committed or otherwise aided and abetted in
the planning, preparation, or execution of the acts of destruction of property.
- Alternatively, each of the accused Ivan CERMAK and Mladen MARKAC
knew or had reason to know that forces under his effective control, or
subordinated to him, were about to commit the acts described in paragraph
38 above, or had done so. Each of the accused Ivan CERMAK and
Mladen MARKAC failed to take necessary and reasonable measures to prevent
the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC did commit:
Count 4: a VIOLATION OF THE LAWS OR CUSTOMS
OF WAR, namely Wanton destruction of cities, towns or villages, punishable
under Article 3 (b) read with Articles 7 (1) and 7 (3) of the Statute of the
Tribunal.
COUNTS 5 AND 6
(DEPORTATION AND FORCED DISPLACEMENT)
- Between 4 August 1995 and 15 November 1995, Croatian forces directed violent
and intimidating acts against Krajina Serbs, including the plunder and destruction
of their property, thereby forcing them to flee the southern portion of the
Krajina region.
- These acts were intended to discourage or prevent those who had already
fled the area, either immediately before or during Operation Storm in anticipation
of an armed conflict, from returning to their homes. The effect of these violent
and intimidating acts was the deportation and/or displacement of tens of thousands
of Krajina Serbs to Bosnia and Herzegovina and Serbia.
- Each of the accused Ivan CERMAK and Mladen MARKAC, acting
individually and/or in concert with others, including President Franjo TUDMAN,
planned, instigated, ordered, committed or otherwise aided and abetted in
the planning, preparation or execution of the deportation and forced displacement
of the Krajina Serb population.
- Alternatively, each of the accused Ivan CERMAK and Mladen MARKAC
knew or had reason to know that forces under his effective control were
about to commit the acts described in paragraphs 41 and 42 above, or had done
so. Each of the accused Ivan CERMAK and Mladen MARKAC failed
to take necessary and reasonable measures to prevent the commission of such
acts or punish the perpetrators thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC did commit:
Count 5: a CRIME AGAINST HUMANITY, namely
Deportation, punishable under Article 5 (d) read with Articles 7 (1) and 7
(3) of the Statute of the Tribunal.
Count 6: a CRIME AGAINST HUMANITY, namely
Other Inhumane Acts (forced displacement), punishable under Article
5 (i) read with Articles 7 (1) and 7 (3) of the Statute of the Tribunal.
COUNT 7
(OTHER INHUMANE ACTS)
- Between 4 August 1995 and 15 November 1995, Croatian forces subjected many
of the Krajina Serbs to inhumane treatment, humiliation and degradation by
beating and assaulting them.
- Between 4 August 1995 and 15 November 1995, each of the accused Ivan
CERMAK and Mladen MARKAC knew or had reason to know that forces
under his effective control were about to commit the acts described in paragraph
45 above, or had done so. Each of the accused Ivan CERMAK and
Mladen MARKAC failed to take necessary and reasonable measures to prevent
the commission of such acts or punish the perpetrators thereof.
By these acts and omissions, each of the accused Ivan
CERMAK and Mladen MARKAC did commit:
Count 7: a CRIME AGAINST HUMANITY, namely
Other Inhumane Acts, punishable under Article 5 (i) read with Article
7 (3) of the Statute of the Tribunal.
STATEMENT OF THE FACTS
- The Republic of Croatia declared its independence on 25 June 1991, by which
time an armed conflict had erupted in some areas in Croatia between Croatian
Serbs (Krajina Serbs) and Croatian forces. In September 1991, the Croatian
Serbs and the Yugoslav People’s Army (JNA) controlled approximately one-third
of the territory of the Republic of Croatia.
- On 19 December 1991, the Assembly of the Serbian Autonomous Region of Krajina,
together with Serbs from other parts of the Republic of Croatia declared independence
from Croatia and purported to form a new entity, the self-proclaimed Republika
Srpska Krajina (the "RSK"). The "RSK" had its own military force, the
Srpska Vojska Krajine (the Serbian Army of Krajina or SVK).
- The Krajina region, comprising the former UNPA’s Sector South and Sector
North, was situated within the "RSK" and included, but was not limited to,
the municipalities of Benkovac, Donji Lapac, Drnis, Gospic, Gracac, Knin,
Korenica, Obrovac, Sibenik, Sinj, and Zadar.
- In February 1992, in accordance with the Vance Plan, the United Nations
Security Council established under its authority a United Nations Protection
Force (UNPROFOR) that was to be deployed in the UNPA's in Croatia. The UNPA's
were areas in Croatia where Serbs constituted the majority or a substantial
minority of the population and where inter-communal tensions had already led
to armed conflict. There were four UNPA's, known as Sectors North, South,
East and West.
- By 1992, the Croatian Army was formulating plans for the forcible re-taking
of the territory of the "RSK." In 1992, 1993, 1994 and 1995, Croatian forces
launched military operations with this ultimate objective.
- These operations were launched into the UNPA's or adjacent "pink zones"
in the Miljevacki Plateau in June 1992, the area of the Maslenica bridge in
northern Dalmatia in January 1993, the Medak Pocket in September 1993, Operation
Flash in Western Slavonia in May 1995 and Operation Storm in August 1995.
- Ante GOTOVINA was born on 12 October 1955, on the island of Pasman
within the Municipality of Zadar in the Republic of Croatia, then part of
the SFRY.
- Ante GOTOVINA, a former French Legionnaire of the rank of Chief Corporal,
returned to Croatia in June 1991, whereupon he was appointed Chief of Operations
and Training of the 1st Brigade of the Zbor Narodne Garde ("ZNG") (National
Guard Corps). From February to April 1992, he was Deputy to the Commander
of the Special Unit of the Main Staff of the Croatian army, the Hrvatska
Vojska ("HV"), and from April to October 1992, he was assigned to the
Croatian Defence Council, the Hrvatsko Vijece Obrane ("HVO").
- On 9 October 1992, Ante GOTOVINA, holding the rank of Brigadier,
was appointed the Commander of the Split Operative Zone of the HV (which in
1993 was re-named the Split Military District), and held that command until
March 1996. On 30 May 1994, he was promoted to the rank of Major General.
By early August 1995, he had been promoted to the rank of Colonel General.
- On 4 August 1995, the Republic of Croatia launched the military offensive
known as Operation Storm, with the objective of re-taking the Krajina region.
Ante GOTOVINA was the overall operational commander of the Croatian forces
that were deployed as part of Operation Storm in the southern portion of the
Krajina region, including the municipalities, in whole or in part, of Benkovac,
Gracac, Knin, Obrovac, Sibenik, Sinj and Zadar. On 7 August 1995, the Croatian
government announced that the Operation had been successfully completed. Follow-up
actions continued until about 15 November 1995. In early August 1995, following
the re-taking of the Krajina region, Ante GOTOVINA moved his headquarters
to Knin, the capital of the Krajina region, which was located within the Split
Military District.
- On 12 March 1996, President Franjo TUDMAN appointed Ante GOTOVINA
Chief of the HV Inspectorate.
- As the overall operational commander, Ante GOTOVINA exercised de jure
and/or de facto command and control over Croatian forces during Operation
Storm. In the aftermath of Operation Storm, Ante GOTOVINA retained
command and control of HV forces that continued to be deployed in the southern
portion of the Krajina region.