THE PROSECUTOR OF THE TRIBUNAL

AGAINST

ANTE GOTOVINA

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:

ANTE GOTOVINA

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

THE ACCUSED

1. Ante GOTOVINA was born on 12 October 1955 on the island of Pasman within the Municipality of Zadar in the Republic of Croatia, the then Socialist Federal Republic of Yugoslavia.

2. Ante GOTOVINA is a professional soldier, who was a former French Legionnaire. After his return to Croatia in 1990, he was appointed Commander of the 1^st Guards Brigade. 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 (hereinafter referred to as HV), and from April to October 1992, he was assigned to the Croatian Defence Council, the Hrvatsko Vijece Obrane (hereinafter referred to as HVO).

3. On 9 October 1992, Ante GOTOVINA, holding the rank of Brigadier, was appointed Commander of the Split Military District, which command he held until March 1996. The Split Military District was part of the Krajina region and included the Municipalities of Benkovac, Donji Lapac, Drnis, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar. The Split Military District was located within the former United Nations Protected Area (UNPA) Sector South. By November 1994, he had been promoted to the rank of Major General. On either 4 or 5 August 1995, he was promoted to the rank of Colonel General.

4. On 4 August 1995 Croatia launched a military offensive known as "Oluja" or "Storm", with the objective of re-taking the Krajina region. Although the Croatian government announced on 7 August 1995 that the Operation was successfully completed, aspects of the Operation continued until about 15 November 1995. Ante GOTOVINA was overall operations commander of that part of Operation Storm which took place in UNPA Sector South. As such, and as Commander of the Split Military District, Ante GOTOVINA exercised de jure and de facto command and control over all Croatian forces between 4 August 1995 and 15 November 1995 (in this indictment every reference to Croatian forces includes the HV, the Croatian airforce or Hrvatsko Ratno Zrakoplovstvo also known as HRZ, the Special Police and Military Police of the Republic of Croatia, which were involved in Operation Storm in UNPA Sector South).

5. Ante GOTOVINA established his headquarters in Knin, which was the capital of the Krajina region, following its capture.

6. On 12 March 1996, Ante GOTOVINA was appointed Chief of the HV Inspectorate by the President of Croatia Franjo Tudjman. On 29 September 2000, he was dismissed from the military by Stipe Mesic, President of the Republic of Croatia.

7. Ante GOTOVINA was the overall Commander of the "Oluja" offensive in UNPA Sector South and Commander of the Split Military District at all times relevant to this indictment. In this capacity, he was in overall charge and in command and control of the Croatian forces which were involved in the Operation. His duties and responsibilities were, inter-alia, appointing and relieving commanders, deploying the forces and artillery under his command and issuing orders to those forces. Ante GOTOVINA also had a duty to restore and ensure public order and safety.

8. Ante GOTOVINA exercised his command and control in military matters by, inter alia, organising the Croatian forces deployed in the former United Nations Protected Area Sector South during the "Oluja" offensive, appointing and relieving Commanders, deploying those forces under his command, issuing orders to those forces and negotiating and attending meetings with members of the international community, including United Nations personnel.

9. At all times relevant to this indictment, as Commander, Ante GOTOVINA had reason to know that subordinates under his control were committing serious violations of international humanitarian law. Further, he was informed of such acts by representatives of international organisations. By virtue of his de jure and de facto position and authority, Ante GOTOVINA had the power, authority and responsibility to prevent or punish serious violations of international humanitarian law committed by Croatian forces during and after the "Oluja" offensive. Ante GOTOVINA failed to take necessary and reasonable measures to prevent such serious violations of international humanitarian law or to punish the perpetrators thereof.

10. 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.

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

12. These alleged acts or omissions, constituting Crimes against Humanity, which are crimes punishable by Article 5 of the Statute of the Tribunal, were part of a widespread and systematic attack directed against a civilian population.

13. Between 17 July 1995 and 15 November 1995, Ante GOTOVINA, acting individually and/or in concert with others, including President Franjo Tudjman, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the crimes charged below in the course of, and after, the "Oluja" offensive. Ante GOTOVINA is individually responsible for the crimes alleged against him in this indictment pursuant to the provisions of Article 7(1) of the Statute of the Tribunal. Individual criminal responsibility includes planning, instigating, ordering, committing or otherwise aiding and abetting in the planning, preparation or execution of any crimes referred to in Articles 2 to 5 of the Statute.

14. Ante GOTOVINA, while holding a position of superior authority as set out in the foregoing paragraphs, is also, or in the alternative, criminally responsible as commander for the acts of his subordinates pursuant to the provisions of Article 7(3) of the Statute of the Tribunal whereby a superior is responsible for the 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 necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

15. The general allegations contained in paragraphs 10 to 14 are re-alleged and incorporated into each of the related charges which are set out below.

16. Between 4 August 1995 and 15 November 1995, large numbers of Krajina Serbs fled or were forced to flee to Bosnia Herzegovina and Serbia. Some who did not flee because of sickness, infirmity or age were systematically harassed, and/or unlawfully killed. The property of Krajina Serbs was plundered. Ante GOTOVINA acting individually and/or in concert with others, including President Franjo Tudjman, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of persecutions of the Krajina Serb population.

The crime of persecution was perpetrated through the following:

Killing

17. Between 4 August 1995 and 15 November 1995, Croatian forces committed numerous violations of international humanitarian law, including the unlawful killing of at least 150 Krajina Serbs and the disappearance of many hundreds of others. Listed in the First Schedule attached hereto are some specific instances of such unlawful killings.

Plunder of Public or Private Property

18. Between 4 August 1995 and 15 November 1995, Croatian forces plundered public or private property, including homes, outbuildings, barns and livestock of the Krajina Serbs. Listed in the Second Schedule attached hereto are some specific instances of such plunder of public or private property.

Destruction of Property

19. Between 4 August 1995 and 15 November 1995, Croatian forces set fire to and otherwise wantonly destroyed villages, homes, outbuildings, barns and livestock of the Krajina Serbs who fled as well as of those who stayed behind. Listed in the Second Schedule attached hereto are specific instances of such destruction.

Deportation / Forced Displacement

20. Between 4 August 1995 and 15 November 1995, those who remained in, or returned to, their homes in the weeks after the offensive were ultimately forced to flee the area as a result of continued killing, arson, looting, harassment, terror and threats of physical harm to person and property committed by Croatian forces. The cumulative effect of these unlawful acts was a large-scale deportation and/or displacement of an estimated 150,000 - 200,000 Krajina Serbs to Bosnia Herzegovina and Serbia.

Other Inhumane Acts

21. Between 4 August 1995 and 15 November 1995, Krajina Serbs were also subjected to inhumane treatment, constant humiliation and degradation by Croatian forces.

22. The persecutions of Krajina Serbs was on such a large scale that the Serb population was drastically reduced in the Municipalities of Benkovac, Donji Lapac, Drnis, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar.

23. Alternatively, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraphs 17 though 22 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Ante GOTOVINA 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.

24. Between 4 August 1995 and 15 November 1995, Croatian forces unlawfully killed at least 150 Krajina Serbs by shooting, burning and stabbing them.

Listed in the First Schedule attached hereto are specific instances of such unlawful killings.

25. Between 4 August 1995 and 15 November 1995, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 24 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Ante GOTOVINA did commit:

Count 2: a CRIME AGAINST HUMANITY, namely Murder, punishable under Article 5 (a) read with Article 7 (3) of the Statute of the Tribunal.

Count 3: 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.

26. Between 5 August 1995 and 15 November 1995, Croatian forces forcibly removed property including livestock from the homes, outbuildings, and barns of the Krajina Serbs who fled as well as those who stayed behind. Ante GOTOVINA acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of these acts of plunder of public or private property.

Listed in the Second Schedule attached hereto are specific incidents of such plunder of public or private property.

27. Alternatively, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 26 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Ante GOTOVINA did commit:

Count 4: 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.

28. Between 5 August 1995 and 15 November 1995, Croatian forces set fire to and wantonly destroyed villages, homes, outbuildings, barns and livestock of the Krajina Serbs who fled as well as those who stayed behind. Ante GOTOVINA acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of these acts of wanton destruction of cities, towns or villages.

Listed in the Second Schedule attached hereto are specific incidents of such wanton destruction.

29. Alternatively, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 28 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Ante GOTOVINA did commit:

Count 5: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, namely, Wanton destruction of cities, towns or village, punishable under Article 3 (b) read with Articles 7 (1) and 7 (3) of the Statute of the Tribunal.

30. Between 5 August 1995 and 15 November 1995, Croatian forces committed numerous acts of killing, arson, looting, harassment, terror and threat of physical harm to person and property. By these acts, Croatian forces intimidated and coerced Krajina Serbs into leaving their villages, hamlets and homes. Ante GOTOVINA acting individually and/or in concert with others, including President Franjo Tudjman, 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.

31. These crimes continued on a large scale for at least three months after the area had been secured by the Croatian authorities, and included the unlawful killing of Krajina Serbs who did not flee; the burning and destruction of Serb villages and property including homes, outbuildings, barns and livestock, and the looting of property. The cumulative effect of these acts by Croatian forces led to the large-scale displacement of an estimated 150,000 - 200,000 Krajina Serbs to Bosnia Herzegovina and Serbia.

32. The forced displacement of Krajina Serbs has drastically reduced the Serb civilian population in the Municipalities of Benkovac, Donji Lapac, Drnis, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj and Zadar. Measures were also introduced to ensure that those who fled could not, or would not, return.

33. Alternatively, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraphs 30 through 32 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

By these acts and omissions, Ante GOTOVINA did commit,

Count 6: 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 7: 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.

34. Between 5 August 1995 and 15 November 1995, Croatian forces subjected the Krajina Serbs to inhumane treatment, humiliation and degradation by beating and assaulting them.

35. Between 5 August 1995 and 15 November 1995, Ante GOTOVINA knew or had reason to know that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 34 above, or had done so, having been informed as such by representatives of the international community. Ante GOTOVINA failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators thereof.

Count 8: a CRIME AGAINST HUMANITY, namely, Other Inhumane Acts, punishable under Article 5 (i) read with Article 7 (3) of the Statute of the Tribunal.

ADDITIONAL FACTS

36. Croatia declared its independence on 25 June 1991, by which time an armed conflict had erupted between Croatian Serbs and Croatian forces. In September 1991, the Croatian Government stated that the Croatian Serbs and the Yugoslav People’s Army (JNA) controlled approximately one-third of the territory of Croatia.

37. On 19 December 1991, the Assembly of the Serbian Autonomous Region of Krajina, together with Serbs from other parts of Croatia, officially declared independence from Croatia and formed a new entity named the Republika Srpska Krajina, or the Republic of Serbian Krajina (RSK). The RSK had its own military force, the Srpska Vojska Krajine (the Serbian Army of Krajina or SVK).

38. The Krajina region, comprising the former United Nations Protected Areas Sector South and Sector North was situated within the RSK and included, but was not limited to, the municipalities of Benkovac, Donji Lapac, Drnis, Gracac, Knin, Korenica, Obrovac, Sibenik, Sinj, and Zadar.

39. In February 1992 in accordance with the Vance Plan, the United Nations Security Council established under its authority a United Nations Protection Force (hereinafter referred to as UNPROFOR) that was to be deployed in the United Nations Protected Areas (hereinafter referred to as UNPAs) in Croatia. The UNPAs were areas in Croatia where Serbs constituted the majority or a substantial minority of the population and where inter-communal tensions had already led to armed conflict. There were four UNPAs, known as Sectors North, South, East and West.

40. By 1992, the Croatian army was formulating plans for the forcible retaking of the territory of the RSK, or Krajina region. In 1992, 1993 and 1995, Croatian forces launched several military operations against the RSK with this ultimate objective.

41. These operations were launched into the UNPAs 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, "Bljesak" or Operation Flash in Western Slavonia in May 1995 and "Oluja" or Operation Storm in August 1995.

42. On 4 August 1995, the Croatian forces launched the military offensive codenamed "Oluja" or Storm to retake the Krajina region, which had been held by Krajina Serbs since 1991. The "Oluja" offensive resulted in the displacement of an estimated 150,000 - 200,000 Krajina Serbs, who fled or were forced to flee, during, and in the aftermath, of the said offensive.

43. The "Oluja" offensive launched by Croatian forces numbering about 150,000 troops was conducted in the area of the former UN Sectors North and South, covering an area approximately 10,500 square kilometers. In this offensive, Serb populated towns and villages in the Krajina region were subjected to heavy artillery shelling by the HV supported by aircraft belonging to the Croatian air force (Hrvatsko Ratno Zrakoplovstvo, also referred to as HRZ).

44. On 4 and 5 August 1995, Croatian forces directed a massive artillery assault on Knin. Artillery fire was also directed on civilian targets in the towns of Benkovac, Obrovac, Drnis, Vrginmost, Vojnic, Glina, Petrinja and many villages in the Krajina region.

Carla Del Ponte
Prosecutor

Dated this 21^st day of May 2001
The Hague
The Netherlands

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

CASE NO: IT-01-45-I

FIRST SCHEDULE TO THE INDICTMENT
Counts 2 and 3

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

CASE NO: IT-01-45-I

SECOND SCHEDULE TO THE INDICTMENT
Counts 4 and 5

Acts of partial or total Plunder and/or Destruction of Property Committed Between 4 August and 15 November 1995.

Benkovac Municipality
Approximately 1300 dwellings in 14 villages and hamlets

Donji Lapac Municipality
Approximately 600 dwellings in 37 villages and hamlets

Drnis Municipality
Approximately 750 dwellings in 29 villages and hamlets

Gracac Municipality
Approximately 700 dwellings in 40 villages and hamlets

Knin Municipality
Approximately 3000 dwellings in 83 villages and hamlets

Korenica Municipality
Approximately 4700 dwellings in 52 villages and hamlets

Obrovac Municipality
Approximately 200 dwellings in 7 villages and hamlets

Sibenik Municipality
Approximately 250 dwellings in 8 villages and hamlets

Sinj Municipality
Approximately 600 dwellings in 14 villages and hamlets

Zadar Municipality
Approximately 130 dwellings in 3 villages and hamlets

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