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 (hereinafter "the Statute of the Tribunal"), charges:

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR.

1.0 PASKO LJUBICIC, a.k.a. Toni Raic, father of Bono, was born on 15 November 1965 in the village of Nezirovici, municipality of Busovaca, Bosnia and Herzegovina. His personal identification number ("JMB") is 1511965450104.

1.1 PASKO LJUBICIC served within the Military Police of the Croatian Defence Council (HVO) throughout the relevant time periods of the indictment.

1.2 The accused joined the Military Police as commander of the First Company of the Active Battalion of the HVO Military Police ("First Company") stationed in Central Bosnia in June 1992. Thereafter, an HVO Military Police Battalion was established within the Central Bosnia Operative Zone ("CBOZ") which included, inter alia, the municipalities of Vitez and Busovaca. In January 1993, the First Company became part of the 4^th Military Police Battalion and the accused became the commander of the 4^th Military Police Battalion. He remained in this position until 1 July 1993 when he was replaced temporarily by Vlado Santic. Thereafter, the accused became an Assistant Chief of Military Police Administration for the CBOZ and in that capacity was in charge of combining military police activities and tasks of the light assault battalions and the Military Police battalions in the CBOZ. He commanded these entities until November 1993 when the accused left Central Bosnia and became the Deputy Chief of the Military Police Administration in Mostar.

2.0 Between June 1992 and July 1993, PASKO LJUBICIC individually and in concert with members of the HVO Military Police who were under his command and control, and with members of the HVO, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation, or execution of a crime against humanity by persecuting Bosnian Muslims on political, racial, or religious grounds, throughout the municipalities of Vitez and Busovaca or knew or had reason to know that subordinates were about to do the same, or had done so, and failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

These persecutions were perpetrated through the following:

2.1 Persecutions were perpetrated by the widespread or systematic attack on towns and villages, inhabited by Bosnian Muslims, in the municipalities of Vitez and Busovaca. These attacks include attacks on the town of Busovaca on 20 January 1993; the town of Vitez on 16 April 1993; the villages of Ahmici, Nadioci, Pirici, and Santici on 16 April 1993; the village of Donja Veceriska on 16 April 1993; the village of Loncari on 18 April 1993; the village of Ocenici on 19 April 1993; and the village of Gacice on 20 April 1993.

2.2 Persecutions were perpetrated during and immediately after the attacks referred to in paragraph 3.0, the killing and causing of serious injury or harm to Bosnian Muslim civilians, including women, children, the elderly and the infirm. During the attacks in Ahmici, Nadioci, Pirici and Santici that occurred on 16 April 1993, approximately 100 civilians were killed and numerous others were seriously injured (a partial list of the victims is found in Schedule A, attached). During the attack on Ocenici that occurred on 19 April 1993, 5 female civilians, all family members or relatives of Ibrahim Nuhagic, were killed.

2.3 Persecutions were perpetrated during and immediately after the attacks referred to in paragraphs 3.0 and 5.0, the wanton and extensive destruction, by fire and explosives, and by the plundering of Bosnian Muslim dwellings, businesses, institutions dedicated to religion or education, civilians' personal property and livestock.

2.4 Persecutions were perpetrated in the municipalities of Vitez and Busovaca, by the systematic selection and detention, on political, racial or religious grounds, of hundreds of Bosnian Muslim civilians and the placement of said persons in detention facilities controlled by the HVO. These detention facilities are listed in paragraph 6.0 of this indictment.

2.5 The Bosnian Muslim civilians detained in the locations referred to in paragraph 6.0 were beaten, forced to dig trenches at or near the front lines (where some were killed or wounded), were subjected to physical and psychological abuse, intimidation.

2.6 Persecutions were perpetrated when Bosnian Muslim civilians were expelled from their homes and forcibly transferred by the HVO Military Police and other members of the HVO from the municipalities of Vitez and Busovaca to other parts of the Republic of Bosnia and Herzegovina.

2.7 The persecutions of Bosnian Muslim civilians, as alleged above, were committed on such a widespread basis, and implemented in such a systematic fashion, that it significantly reduced the Muslim civilian population from those areas of the municipalities of Vitez and Busovaca where the HVO and the Bosnian Croat administration had seized control.

By these acts and omissions, PASKO LJUBICIC committed:

Count 1: Persecutions on political, racial, or religious grounds, a CRIME AGAINST HUMANITY, as recognized by Articles 5(h), 7(1) and 7(3) of the Statute of the Tribunal.

3.0 PASKO LJUBICIC individually and in concert with other members of the HVO Military Police and other members of the HVO, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of unlawful attacks on civilians and civilian objects in the towns and villages, identified below, or knew or had reason to know that subordinates were about to do the same, or had done so, and failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

3.1 In respect of the attack on the villages of Ahmici, Nadioci, Pirici, and Santici, PASKO LJUBICIC and other members of the HVO and HVO Military Police participated in the planning of the attack on these villages and the accused transmitted orders relating thereto to his subordinates. On the evening of 15 April 1993 and on 16 April 1993, the accused was present at the "the bungalow," the military police operational base for the attacks which was located adjacent to the village of Ahmici. On 16 April 1993, the accused conveyed orders to his subordinates that all Muslims of military age should be killed and the civilians expelled. The Accused participated in the attacks on the villages described above and on the civilians therein. Later in the evening, he met with his subordinates and with other members of the HVO in "the bungalow."

3.2 In respect of the attack on the village of Ocenici, the accused participated in the planning of the attack, transmitted orders to his subordinates in respect thereof, and participated in the attack.

By these acts and omissions, PASKO LJUBICIC committed:

Count 2: an unlawful attack on civilians, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal and customary law, Article 51(2) of Additional Protocol I and Article 13(2) of Additional Protocol II to the Geneva Conventions.

4.0 From January 1993 through April 1993, in the locations referred to in paragraphs 2.2 and 3.0, PASKO LJUBICIC individually and in concert with members of the HVO Military Police who were under his command and control, planned, instigated, ordered committed or otherwise aided and abetted in the planning, preparation or execution of the following crimes or knew or had reason to know that subordinates were about to do the same, or had done so, and failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof:

a) the willful killing of Bosnian Muslim civilians, and others (identified in paragraph 2.2 and in Schedule A) taking no part in combat or who were hors de combat,

b) the willful infliction of serious injury and great suffering, both physically and mentally, to Bosnian Muslim civilians, and to others taking no part in combat or who were hors de combat.

4.1 Prior to the attacks on Ahmici, Nadioci, Pirici, and Santici, and whilst at "the bungalow," PASKO LJUBICIC conveyed orders to his subordinates that all Muslims of military age should be killed.

By these acts and omissions, PASKO LJUBICIC committed:

Count 3: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Article 3, 7(1) and 7(3) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

Count 4: Murder, a CRIME AGAINST HUMANITY, as recognized by Article 5(a), 7(1) and 7(3) of the Statute of the Tribunal.

Count 5: Violence to life and person, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Article 3, 7(1) and 7(3) of the Statute of the Tribunal and Article 3(1)(a).

Count 6: Inhumane acts, a CRIME AGAINST HUMANITY, as recognized by Article 5(i), 7(1) and 7(3) of the Statute of the Tribunal.

5.0 From January 1993 to July 1993 PASKO LJUBICIC individually and in concert with members of the HVO Military Police who were under his command and control, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of the wanton and extensive destruction (mostly by fire and/or explosives) and plunder of Bosnian Muslim dwellings, businesses, institutions dedicated to religion or education, civilian personal property and livestock in the following cities, towns and villages:

or knew or had reason to know that subordinates were about to do the same, or had done so, and failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

5.1 Prior to and during the attack on Busovaca referred to in paragraph 5.0, the accused used the Café Bos, located in Busovaca, as the headquarters of the 4^th Battalion of the Military Police. Whilst at that location, PASKO LJUBICIC told his subordinates that they could take whatever property they wanted from Muslim houses.

5.2 Prior to the attacks on Ahmici, Nadioci, Pirici, and Santici, and whilst at "the bungalow," PASKO LJUBICIC conveyed orders to his subordinates that all Muslim houses were to be burned.

By these acts and omissions PASKO LJUBICIC committed:

Count 7: Devastation not justified by military necessity, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3(b), 7(1) and 7(3) of the Statute of the Tribunal;

Count 8: Destruction or willful damage to institutions dedicated to religion or education, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3(d), 7(1) and 7(3) of the Statute of the Tribunal;

Count 9: Plunder of public or private property, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR, as recognized by Articles 3(e), 7(1) and 7(3) of the Statute of the Tribunal.

6.0 Between January 1993 and July 1993, members of the HVO and HVO Military Police detained Bosnian Muslim civilians and persons who were hors de combat at the following locations:

Vitez Cinema Complex
Kaonik Prison near Busovaca
Vitez Veterinary Station
Dubravica Elementary School
SDK Offices in Vitez.

6.1 Bosnian Muslim civilians and persons who were hors de combat, who were detained in the detention facilities identified in paragraph 6.0, were beaten, subjected to physical and psychological abuse and intimidation by, among others, members of the HVO Military Police under the command and control of the accused.

6.2 Bosnian Muslim civilians and persons who were hors de combat who were detained in HVO detention facilities were also forced to dig trenches at or near front line positions in the municipalities of Vitez and Busovaca by, among others, members of the HVO Military Police under the command and control of the accused. Bosnian Muslim civilians and persons who were hors de combat were killed whilst digging trenches, and were also seriously injured and subjected to mistreatment, described in paragraph 6.1, by members of the HVO Military Police who were under the command and control of the accused.

6.3 PASKO LJUBICIC planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the unlawful and inhumane treatment as set forth in paragraphs 6.1 and 6.2 and knew or had reason to know that subordinates were about to do the same, or had done so, and failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

By these acts and omissions PASKO LJUBICIC committed:

Count 10: Cruel treatment, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR as recognized by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal and Article 3(1)(a) of the Geneva Conventions.

Count 11: Inhumane acts, a CRIME AGAINST HUMANITY as recognized by Article 5(i), 7(1) and 7(3) of the Statute of the Tribunal.

7.0 From January 1993, PASKO LJUBICIC, was the highest-ranking member of all HVO Military Police units in the CBOZ. In this capacity, he exercised both formal and de facto authority over members of the First Company and, later, the 4^th Military Police Battalion.

7.1 In his position as commander of the First Company and the 4^th Military Police Battalion, PASKO LJUBICIC was obligated to implement the decisions and carry out the orders of a superior commander.

7.2 In his capacity as a commander of both the First Company, and later, as commander of the 4^th Military Police Battalion, PASKO LJUBICIC had the authority to discipline and punish subordinates who committed breaches of military discipline, including all illegal acts damaging to the reputation of the Armed Forces. In respect of his subordinates who committed illegal acts, including violations of international humanitarian law, PASKO LJUBICIC also had the authority to initiate military disciplinary proceedings against them and had the authority to refer matters to an authorized military prosecutor for investigation and prosecution.

8.0 At all times relevant to this indictment, a state of armed conflict existed on the territory of the Republic of Bosnia and Herzegovina.

8.1 In each paragraph charging crimes against humanity, the alleged acts or omissions were part of a widespread or systematic attack directed against a civilian population, specifically the Bosnian Muslim population of the towns, villages and hamlets in the municipalities of Vitez and Busovaca all in the Republic of Bosnia and Herzegovina.

8.2 The accused in this indictment was required to abide by the mandate of the laws and customs of war including the Geneva Conventions of 1949 and the additional protocols thereto.

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

8.4 The accused is criminally responsible as a superior for the acts of his subordinates, pursuant to Article 7 (3) of the Statute of the Tribunal. This criminal responsibility involves the responsibility of a superior officer for the acts of his subordinate if the superior knew or had reason to know that his subordinate was about to commit such acts or had done so and the superior failed to take necessary and reasonable measures to prevent such further acts or to punish the perpetrators thereof.

8.5 The general allegations contained in paragraphs 8.0 through 8.4 of this indictment are re-alleged and incorporated into each of the related counts of the indictment.

9.0 From May 1992 to July 1993, members of the armed forces of the Croatian Defense Council ("HVO") of the Croatian Community of Herceg-Bosna ("HZ H-B") and its agents committed serious violations of international humanitarian law against the Bosnian Muslim civilian population in the towns, villages and hamlets of Central Bosnia including, but not limited to, the municipalities of Vitez and Busovaca all in the territory of the Republic of Bosnia and Herzegovina.

9.1 The HVO was established on 8 April 1992. On 10 April 1992, the Military Police of the HVO was established.

9.2 In May 1992, HVO Military Police commands were established within each Military Operative Zone within the HZ H-B.

______________________
Carla Del Ponte
Prosecutor

This 26^th day of September 2000
The Hague
The Netherlands