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Sense Tribunal

Triumph Of Evil (2001) - 90 min

"Triumph of Evil" documentary film produced by SENSE News Agency about SREBRENICA Trial, is the first, and so far the only, video-document about one complete trial before an international criminal tribunal after the Nuremberg and Tokyo trials.

The documentary "Triumph of Evil" shows all stages of the trial: from the Prosecutor`s Opening Statement to the Trial Chamber Judgment.

The ICTY Judgment in Srebrenica Trial was rendered on 2nd August 2001. The accused – Bosnian Serb General Radislav Krstic - was the first person convicted of genocide by the ICTY and sentenced to 46 years imprisonment. He was found guilty of participating in deportation around 30.000 women and children and mass execution of at least 7 000 Muslim men by the Bosnian Serb Army, after the fall of Srebrenica enclave in July 1995.

The documentary includes the most dramatic testimonies by witnesses who survived execution and other victims of crimes committed in Srebrenica, as well as testimonies of the accused and defense witnesses. Important part of the documentary is dedicated to presentation of forensic evidence: exhumations of primary and secondary mass graves, bodies and personal belongings found in the mass graves and other exhibits presented by both sides during the trial, with testimonies of the forensic experts.

"Triumph of Evil" was broadcast by many TV stations in Bosnia-Herzegovina, Serbia and Montenegro, and has received very positive reviews in local media.

Transcript


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RATKO MLADIC


Don’t be afraid. Easy. Women and children first. Thirty buses will come. We will transport you to Kladanj and from there you will cross over to the territory under the control of Alija’s (Izetbegovic) forces. Don’t panic and let children and women through. We do not want any child to get lost. Don’t be afraid. No one will harm you.
- Thank you. Thank you.

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JOURNALIST


- For independent television in Belgrade ... What is going on today here?

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DUTCH SOLDIER


- You know what is going on.

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RATKO MLADIC


Here we are, on July 11, 1995 in Serbian Srebrenica. On the eve of one of the biggest Serbian holidays we are giving this town to the Serbian people. The moment has finally come for us to take our revenge on the Turks in this area after the rebellion against the Janissaries.

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RADISLAV KRSTIC


We will go on to the end to liberate the territories of the Srebrenica municipality. We are guaranteeing safety to the citizens. They will be safely transported where they want to go. We are not afraid of the aviation. We are going to the end.

CLAUDE JORDA, Judge

I am asking you now, how do you plead, guilty or not guilty?

RADISLAV KRSTIC

Not guilty.


TRIUMPH OF EVIL

MARK HARMON, Prosecutor


This is a case about the triumph of evil, a story about how officers and soldiers of the Bosnian Serb army, men who professed to be professional soldiers, men who professed to represent the ideals of a distinguished and Serbian past organized, planned, and willingly participated in genocide. The only way to attempt to eradicate this stain and to deliver justice to the victims of this tragedy is to expose the individual criminal responsibility of those persons who perpetrated and assisted in the commission of these heinous crimes. The Prosecutor in this trial will prove the criminal responsibility of one of those individuals, General Radislav Krstic.

RADISLAV KRSTIC
I am lieutenant general Radislav Krstic, commander of the 5th corps of the Army of Republika Srpska. I was born on February 15, 1948 in Vlasenica, Bosnia and Herzegovina. Before my arrest I was on duty in Sokolac. My family lives in Belgrade.

MARK HARMON, Prosecutor

We have charged General Krstic with eight counts. One count of genocide, one count of the complicity to commit genocide, five counts of crimes against humanity, and one count of a violation of the laws and customs of war. All of the acts described in the indictment occurred within the Drina Corps area of responsibility, the area that was under the command of General Krstic, and all of these acts relate to the events that occurred during and after the fall of the UN safe area of Srebrenica, acts which resulted in the ethnic cleansing of the Bosnian Muslims from the Srebrenica enclave.

NENAD PETRUSIC, Defense Lawyer

In our case the Defense will seek to prove that General Krstic did not order, participate, or in any way contribute to everything that happened in Glogova, Cerska, Orahovac, Pilica, Petkovci, Kozluk, and all other locations referred to in the indictment. We will seek to prove that there was another parallel chain of command, which was concealed from sight, knowledge of General Krstic so that he had no possible means of having any influence over it.

MARK HARMON, Prosecutor

The counts of the indictment can be divided into two broad categories. The first category is the deportation and forcible transfer of an estimated 20.000 to 30.000 Muslims from the Srebrenica enclave by members of the VRS on the 12th and 13th of July 1995. The second broad category is the systematic, organized mass murder of thousands of Muslim civilians and soldiers who had laid down their arms by members of the VRS. Most but not all of these executions occurred between the 11th and the 17th of July 1995.


DEPORTATION

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RATKO MLADIC


Well done, well done ... Congratulations guys... Are the others ahead of us?

MARK HARMON, Prosecutor

We are also going to present video footage for Your Honors that was taken on the 11the of July showing General Mladic, General Zivanovic, General Krstic triumphantly entering the deserted town of Srebrenica.

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RATKO MLADIC


Throw the flag on the ground so that it doesn’t fly... Put it down there.

NARRATOR

The attack on Srebrenica began on 6 July 1995; General Ratko Mladic, accompanied by the soldiers of the VRS General Staff and Drina Corps entered the deserted town on 11 July. Serbian TV cameras followed his every step, and Mladic acted – as described by a witness testifying before the Tribunal – as “the lead actor, show host and director”.

Some of the footage has helped the Office of the Prosecutor reconstruct the events in Srebrenica on 11 and 12 July 1995. The footage includes tapes of the two meetings in the Fontana Hotel in Bratunac. The copies have reached the OTP through unidentified channels. At Mladic’s request, Ton Karemans, commander of the Dutch Battalion, brought Nesib Mandzic to the first meeting, held in the night of the 11 July. Mandzic was a high school teacher from Srebrenica and acted as the unwilling representative of the refugees who had sought protection in the UN base in Potocari.

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RATKO MLADIC


First of all, you should offer…I guarantee that all those who surrender their weapons will live. In order for me to decide both as a man and as a commander I need a clear answer from the representatives of your people as to whether you want to survive, stay or perish. And I am ready to receive tomorrow a delegation of authorized representatives of the Muslim side at 10 o’clock at the same place. The destiny of your towns, in other regions as well, is in your hands. We have finished.

NARRATOR

The next day, Colonel Karemans brought two more representatives of the Srebrenica civilians to the second meeting in Bratunac: Camila Omanovic and Ibro Nuhanovic. On that occasion, General Radislav Krstic, the then Drina Corps Chief of Staff, sat next to Mladic. General Mladic again dominated the meeting.

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RATKO MLADIC


All you have to do is to say what you want. And I told that to a gentleman last night. You can either survive or vanish.

CAMILA OMANOVIC, Witness

The second night was even worse than the first night, and I think it was the worst night I ever had in my life. In the evening and throughout the night, Serb soldiers and Serb population were moving around on buses and trucks, and they were shouting, they were firing, they were going to Srebrenica and back. The Serbian soldiers would come to us with flashlights.

They were singling out people, individuals, taking them away, and we would hear screams coming from behind the buses. A woman was giving birth. She was screaming. She had no one to help her. Another one was going completely crazy. This influenced other people as well and, in fact, the atmosphere in general. So we would move all of a sudden in waves, and then shortly after that we would be calm again. Then they threw some kind of sand on all of us and people started coughing. So people said that those were some kind of poisonous gases.

We put the child in the pram and we covered the pram with something so as to help the baby. People were throwing up.

But the night was very, very calm and some people started falling asleep. But from a nearby slaughterhouse, we all of a sudden heard a voice of a man who resembled the voice of Fikret Hodzic, whom it and we all knew very well, sounded as if he was being tortured. He would cry, "Nesib, Nesib." Then everybody else would start crying and yelling, and then everything would stop again. We didn`t have enough -- we didn`t have time to fall asleep or to keep quiet because screams of a tortured man would start all over again. It was a night of horror.

NARRATOR

Soon after the meeting ended, several dozens of buses and trucks arrived at Potocari and the deportations of women and children began. Camila Omanovic and her family spent the night between the 12 and 13 July in Potocari, waiting for their turn to come.

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RATKO MLADIC


Now show how we are rescuing UNPROFOR.

NARRATOR

The officers and soldiers of the UN Dutch Battalion claimed before the Tribunal that they had not been able to offer any resistance to the far superior force that attacked the safe haven. As they advanced towards Srebrenica, the Serb forces captured some fifty “blue helmets” manning the UN checkpoints and threatened to kill them if NATO launched air strikes. The nature of the UN mission changed.

ANDREW CAYLEY, Prosecutor

- Were you armed?

DUTCH ARMY OFFICER, Witness

- Yes I was

ANDREW CAYLEY

- In what position was your weapon?

DUTCH ARMY OFFICER

- At the hold, on my back.

ANDREW CAYLEY

- Why did you have to put you weapon on your back?

DUTCH ARMY OFFICER

- Our orders were not to be aggressive to the Serb soldier.

DUTCH ARMY OFFICER

- We put all the weapons we had, small caliber weapons, inside one APC and we lifted the .50 caliber machine-guns from the APC’s toward the skies and we saw the Serbs forces coming towards our location on the road and another group of Serb soldiers through the fields.

NARRATOR

After that, an order came from the UN headquarters for the “blue helmets” to assist with the evacuation of refugees. The Dutch roped off the area, steering the people towards the buses. It looked – a Dutch serviceman described – as if the “blue helmets” were evacuating the refugees while the Serb soldiers sat and smoked by the roadside, unconcerned.

“DD”, Protected Witness

So when that black Thursday came, it was in the early morning hours, and my child was still sleeping. So I woke him up, telling him that we should leave, that we should go to the trucks. Then we moved closer to the line. There was a kind of tape around area. There were a lot of people. We couldn`t cross over so fast. I realized that my son was not feeling well, that he was about to faint. Then I started looking for some water but there was no water anywhere. There was a friend of ours there, an elderly man, and he said that he would go and get some water. So he left, and then after he came back he was totally white in his face. His wife was there. But he kept shaking his head like this and he was telling his wife something about some horrible things that he had seen. His wife wanted to know what he had actually seen, but he kept crying and shaking his head. He said, "I saw everything. I saw heads and limbs all over the place where I went to fetch some water." At that point my child started trembling, and he was about to faint again.

Finally, it was our turn to approach the rope and we were finally let through. I felt relieved. I thought to myself, thank God we seemed to have passed through. When we were halfway through, I heard a voice say, "Popovic, look out for this one," and I immediately realized that he was referring to my child.

We walked for about 50 meters, and then from the left column one of their soldiers jumped out, and he spoke to my child. He told us to move to the right side, and he told my son, "Young man, you should go to the left side." And then he said, "Why me? I was born in 1981." But he repeated what he had said; "You people should go to the right-hand side."

He had some kind of bags in his hand, and the soldier told him to throw the bag to the right side and to go to the left, but I grabbed him by his hand and I -- he kept repeating, "I was born in 1981. What will you do with me? What do you want me do?" And then I begged them, I pleaded with them. Why are you taking him? He was born in 1981. But he repeated his order. And I held him so hard, but he grabbed him. And then my son threw out that bag, and the soldier picked up the bag and threw it on a pile on the right-hand side, and he took my son`s hand, and he dragged him to the left side. And he turned around, and then he told me, "Mommy, please, can you get that bag for me? Could you please get it for me?"

MARK HARMON, Prosecutor

As the refugees fled toward the buses, Muslim men and boys were separated from their families and detained in Potocari. The process of collecting the victims had begun. Those who had been separated were robbed, some were beaten, some were summarily executed in Potocari. While these events were occurring, members of the Main Staff and the Drina Corps were present in Potocari. Following their separation from their families, the men and the boys were forced onto buses and they were driven from the enclave to distant locations that their captors didn’t want the world to see.

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Go to the line. Follow the others. No, you go left. Left.

MARK HARMON, Prosecutor

Thereafter, the women and the children and some men were put on the buses and they were deported from the enclave and taken to a location near the front line known a Luke. At that location there was another separation process and the men were separated and then the women and children were permitted to cross the no-man’s land into the free territory. The men and the boys who had been separated in Potocari and the men and the boys who had been separated in Tisca were later executed.

ALMIRO RODRIGUES, Judge

Mme, I have one short question. Is there anything you would like to say that nobody asked you so far?

“DD”, Protected Witness

May I say one more thing, please? May I?

JUDGE RODRIGUES

Yes, go ahead.

“DD”, Protected Witness

I would like to appeal to you to ask Mr. Krstic, if you can, whether there is any hope for at least that little child that they snatched away from me, alive, because I keep dreaming about him. I dream of him bringing flowers and saying, "Mother, I`ve come." I hug him and say, "Where have you been, my son?" and he says, "I`ve been in Vlasenica all this time." So I beg you, if Mr. Krstic knows anything about it, about him surviving some place ...


EXECUTIONS

MARK HARMON, Prosecutor


Now, Mister President and Your Honors, I would like to turn my attention to another subject and that is the killings. Our evidence will show that a minimum number of 7.574 persons from Srebrenica are missing and presumed dead as a result of the events that I have been describing. Now, Mister President and Your Honors, not all of the Muslims who had fled in the direction of Potocari, approximately 15.000 Muslims, mostly males of military age, went to the northern part of the enclave to an area around Susnjari and Jaglice. There were approximately 15.000 men and boys in that group of people. Approximately a third of that group was armed with small arms; the remaining members of that group were unarmed and were civilians. On the evening of the 11th of July, these people who were in the Susnjari area formed a large column and attempted to break out of the enclave and proceed north to the area, ultimately, of Tuzla. These people in this column were quickly detected and they were attacked by the Bosnian Serb Army. The Bosnian Serb Army has set up along this road that I am indicating that runs from Bratunac through Konjevic Polje and Nova Kasaba, set up a steel curtain that interdicted this column.

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“DRINA WOLFS” COMMANDER


- I am on the right, below you. Please, push a bit forward. They are in a panic. This is the moment to smoke them out.
- I am going down from here.
- On that hill?
- Yes, there is a...
- That’s right. I see that hill. I am in front of you. They are afraid we will hit them hard. Step on it. Press them now. I want to hear howling, charge now. Come on ...get on with it. There is nothing anyone can do to us now.
- They have stopped and they are waiting.
- They are waiting for you. Take the best positions and hit them hard. Let me hear the wolfs howling. Come on!

MARK HARMON, Prosecutor
Only a small portion of the column was able to succeed in breaking through that line and ultimately proceeded north. The remaining Muslims who were members of the column were essentially stuck behind this interdiction line and they surrender ultimately to the VRS by the thousands.

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MUSLIM CAPTIVE


Come on guys. Come out guys.
I am here. At Ramo’s.

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VRS SOLDIER


Fuck Ramo. With the Serbs. Say you are with the Serbs.

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MUSLIM CAPTIVE


Don’t be afraid. I am with the Serbs. Nermin, come on, don’t be afraid... I am with the Serbs. All of you come.

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VRS SOLDIER

- Come on guys. Come out guys.

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TV REPORTER


- How many of them came out?

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VRS SOLDIER


- About 3 – 4 thousand came out.

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TV REPORTER


- They all surrender to you here?

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VRS SOLDIER


- Yes.

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TV REPORTER


- When we mention such a figure in Belgrade people usually say it’s too high.

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VRS SOLDIER


- Of course it’s too high.

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TV REPORTER


- But that’s how many there are?

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VRS SOLDIER


- Yes, that many.

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MUSLIM CAPTIVE


- I don’t know either, form some desert.

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TV REPORTER


- How long were you there?

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MUSLIM CAPTIVE


- Two days and two nights.

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TV REPORTER


- Totally surrounded. Where are your rifles?

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MUSLIM CAPTIVE


- I didn’t have a rifle. We are civilians.

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TV REPORTER


- OK. Were you terribly scared?

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MUSLIM CAPTIVE


- Of course I was.

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VRS SOLDIER


- Don’t be afraid. Come on.

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VOICE


Hello, hello journalist. Do you hear this?

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VRS SOLDIER


- Come on, take that off. (T-SHIRT)

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MUSLIM CAPTIVE


- What? this?

MARK HARMON, Prosecutor

- Is that you in this still image?

ENVER HUSIC , Witness

- Yes, that`s me.

MARK HARMON, Prosecutor

- That`s you at the time of your surrender; is that correct?

ENVER HUSIC, Witness

- Yes.

MARK HARMON, Prosecutor

- Now, Mr. Husic, you described in part of your answer that you surrendered because you could hear Bosnian Serbs calling you down to surrender. Is that correct?

ENVER HUSIC, Witness

- Not only because we heard them calling out to us to surrender but also because we saw UNPROFOR there, because we thought that they couldn`t simply kill us in the presence of UNPROFOR.

NARRATOR

Husic, a seventeen-year-old boy, managed to sneak into one of the buses that stopped by a meadow in Sandici, thus escaping the fate of the other men who had surrendered.

ENVER HUSIC, Witness

Then I decided to board the bus and then see what happened. So I threw away the jerry cans and I entered the bus. Meanwhile, the driver was talking to the Serb soldiers who were standing nearby. I got on the bus and I hid amongst the women who covered me with some bags. So when the driver came back, he started the engine, he didn`t notice me, and he set off.

NARRATOR

The others were transported to different locations in buses and trucks. From there, according to the prosecutor and his witnesses, they were taken to the place of execution.

MARK HARMON, Prosecutor

- Do you see the man in the blue shirt in the middle of that image and he`s flanked by two Bosnian Serb soldiers? Can you tell us his name?

ENVER HUSIC, Witness

- Ramo is his name.

MARK HARMON, Prosecutor

- Did Ramo survive?

ENVER HUSIC, Witness

- No.

MARK HARMON, Prosecutor

- Now, do you see the man in the camouflage T-shirt directly in front of you?

ENVER HUSIC, Witness

- Yes, I do.

MARK HARMON, Prosecutor

- Could you tell the judges what happened to that man?

ENVER HUSIC, Witness

- They ordered him to take off his T-shirt, and they took him to the cornfield and he also did not survive.

MARK HARMON, Prosecutor

- Were there a number of other individuals you can identify by name that did not survive?

ENVER HUSIC, Witness

- Yes.

MARK HARMON, Prosecutor

- Could you please identify those individuals, who you saw alive on the meadow who did not survive?

ENVER HUSIC, Witness

- I know my neighbors; Husic Mehemed, Husic Mehmedalija, Husic Safet, and another man named called Sead Krdzic.

MARK HARMON, Prosecutor

- Do you know an individual named Sajdin Husic?

ENVER HUSIC, Witness

- Yes. That is my father who also did not survive.

MARK HARMON, Prosecutor

Most but not all the mass execution sites are located in the Zvornik area. Those sites include the Branjevo military farm, Pilica, the dam, Orahovac, and you see that these sites are located far away from the enclave in Srebrenica. And not all of the mass execution sites were located so far away. You will be hearing evidence about a mass execution that took place at the Kravica warehouse, very close to the enclave and very close to the town of Bratunac where the meetings with General Mladic and General Krstic occurred. You’ll be hearing about a mass execution site that occurred in the Cerska valley, but the bulk, the majority of the mass executions took place farther north.

“N”, Protected Witness

Then they lined us up and they started with bursts of fire from my right-hand side, and men were falling to the left. Men fell pulling me down and this part of my face [indicates] was covered by a man who had fallen before me while my arm was across his chest This was a shot from a standing position.

Q. Were you hit?

A. No.

Q. Was there anybody on top of you?

A. Yes, one was on top of me, on my back there was a bloodstain from this man who was on top of me, and he was bleeding over me. One man, after my group, pleaded, "Finish me off," and then this Serb soldier shouted, "Slowly. Slowly."

NARRATOR

The eight people who miraculously survived the Srebrenica executions testified at the trial of General Krstic. Among them was the seventeen-year old boy from the group that surrendered to the Serbian forces on 13 July by a meadow near the village of Sandici. After the surrender, they were taken to the school in Petkovci by truck, and then to the dam nearby. Then they were ordered to get off the trucks in groups of five.

“O”, Protected Witness

Some people shouted, "Give us some water first and then kill us." I was really sorry that I would die thirsty, and I was trying to hide amongst the people as long as I could, like everybody else. I just wanted to live for another second or two. And when it was my turn, I jumped out with what I believe were four other people. I could feel the gravel beneath my feet. It hurt.

But when I approached the area, when we were on the right-hand side of the truck, I saw rows of killed people. It looked like they had been lined up one row after the other. I couldn`t see the end of it, but I could somehow sense it, although it was dark.

And then I thought that I would die very fast, that I would not suffer. And I just thought that my mother would never know where I had ended up. And when we reached the spot, somebody said, "Lie down." And when we started to fall down to the front, they were behind our backs, the shooting started.

I fell down, and I don`t know what happened then. I wasn`t thinking. It wasn`t my idea to fall down first and to survive like this; I just thought it was the end.

The next group who was -- that was probably taken out after me was also shot at. And at that point, I felt a sudden sharp pain.

I did not dare to scream so I kept silent. At one moment ... I restrained to scream. I didn’t shout.

I could see a military boot stomping next to my face. And I kept watching I didn`t close my eyes. But the man stepped over me, it was a soldier, and he fired into the head of a man who was next to me. And at that moment, I closed my eyes and I was hit in my right shoulder. I don`t know what it was. I don`t know whether it was a kind of fragmentation bullet or just gravel, but I don`t think so, that it would have been gravel. Because I still have metal particles in my right arm, in my right chest, and also in my foot.

So after I`d been hit in my shoulder, I said to myself, "I`ve been wounded all over. How come I`m not dying?"

NARRATOR

When the soldiers left, the wounded boy found another survivor and together they escaped from the execution site. On a photograph of the dam, he charted the route they took to escape and marked the area, which was – as they were able to see in the morning from the hill where they hid – covered, in dead bodies.

“O”, Protected Witness

From everything I have said and seen I could conclude that it was a very, very organized, systematic killing. I think that the organizers do not deserve to be free. If I could and if I had the right and courage to speak in the name of all the innocent and in the name of the all victims I would forgive the executors. They had been mislead.

DRAZEN ERDEMOVIC, Witness

Your honors, I had to do that. For, had I refused to do that they would have killed me together with those people. When I did refuse to do it they said: “If you feel sorry for them join them so that we kill you with them as well.”

I did not feel sorry for myself. I was sorry for my family, my wife and my son who at that time was 9 months old. He would be also killed if I refused to do it. That is all I wish to say.

NARRATOR

Drazen Erdemovic is the first accused person to plead guilty before the Tribunal. Because he pleaded guilty, showed remorse and cooperated fully with the Office of the Prosecutor, he was sentenced to a five year prison sentence. He has been released from prison and entered the Tribunal witness protection program. At General Krstic’s trial, he testified under his own name, but with facial distortion. On 16 July 1995, Erdemovic and seven other members of the VRS 10th Sabotage Detachment were brought to a farm in Branjevo, escorted by a lieutenant colonel and two military police officers from the Drina Corps. The lieutenant-colonel and the military police soon left, and the group commander, Brano Gojkovic, told Erdemovic and the others what their task for the day would be: to shoot the people who would be brought in on buses.

DRAZEN ERDEMOVIC, Witness

When the first bus arrived -- I know about myself; I don`t know exactly about the others, what they said -- I said that I did not want to do that, that I cannot do that, that that is not the task of our unit. Brano told me then, "If you won`t do it, stand up with them or give them your rifle, and you will see whether they will shoot you."

Then Brano told us to stand in line. In front of us people were ordered to turn their back to us. When people turned we shot them. It was ordered to shot at people.

MARK HARMON, Prosecutor
DRAZEN ERDEMOVIC, Witness


Q. After this first group of ten prisoners was executed, what happened, Mr. Erdemovic?

A. The second group was brought, and they were lined up immediately behind that first group. Our backs were turned to the garage and we were moving in the direction of the garage.

Q. And then I take it another group was brought for execution, and they were executed as well?

A. Yes.

Q. And is that how the scene repeated itself throughout the day?

A. Yes.

Q. What time did the executions start in the morning of the 16th of July?

A. I think around 10.00.

Q. What time did they end on that same day?

A. 3.00 or 4.00 in the afternoon.

Q. Now, how many people do you estimate, Mr. Erdemovic, were executed at the Branjevo farm on the 16th of July?

A. I think about 1.000, 1.200.

Q. Did one member of your unit, Mr. Erdemovic, brag to you how many men he had killed at the Branjevo Military Farm?

A. Yes. It is Stanko Savanovic, number 3. He said that he had killed between 200 and 300 men, that he had counted them.

Q. Mr. Erdemovic, what was the age range of the people who were murdered at the Branjevo Military Farm?

A. As far as I could tell, between 17 and 60 or 70.

Q. How were these people dressed?

A. They were all in civilian clothes, except for one who had camouflage pants.

NARRATOR

On the aerial photograph of the farm in Branjevo, dated 17 July 1995 – a day after the massacre – Erdemovic pointed out the pile of unburied bodies of the victims. He described how a group of soldiers came “to help them out” from Bratunac. The victims were treated brutally. The lieutenant colonel and the two military police from the Drina Corps, who had returned to the farm in the meantime, attended the execution of the captives from the last bus.

DRAZEN ERDEMOVIC, Witness

Not long after that, this Lieutenant Colonel and Brano came, Aleksandar Cvetkovic, Savanovic, and he said that we had to go to the nearby club where there were 500 Muslims from Srebrenica who wanted to break down the door. Four of us said that we wouldn`t go there to do that, that we`d had enough, that we were nobody`s killing machines. Brano said, "Why?" We just said we didn`t want to do any more, that enough is enough. And then the Lieutenant Colonel turned around and went towards those men from Bratunac, and after a minute or two, or five -- I don`t know -- they got into their vehicles and left. And we were still at the farm. There was the machine-gun and all the weapons. When we were loading it into the van, we heard the sound of gunfire coming from that direction.
NARRATOR

About 500 captured men were killed on 16 July 1995 in the Community Center in Pilica. When the investigators from the Office of the Prosecutor arrived there fourteen months later, they found traces of the explosions and rifle fire, bullets and casings, documents… and, as the leader of the Srebrenica investigation team testified, numerous “human remains” on the floor, walls and the ceiling.

Skin, blood, hair ... all the samples gathered by forensic experts.


FORENSIC EVIDENCE

JAN RENE RUEZ, Witness/Investigator

This is the map of the crime scene in the Srebrenica trial. On this map we can see the relief which is pretty precise.

NARRATOR

Jean-Rene Ruez is the leader of the Office of the Prosecutor team, in charge of the investigation into what happened in Srebrenica. The investigation began on the 20th July 1995 and is still ongoing. Forensic and crime experts from 24 countries have been involved in the investigation.

Primary mass graves were located on the actual execution sites, or in their immediate vicinity. Ruez pointed out the five major ones, on a map depicting the crime scenes: the Branjevo farm, Kozluk, the Petkovci dam, Glogova (where the victims from the Kravica warehouse were buried) and Orahovac. Yet, as the world began to uncover the scale of the Srebrenica crimes in the autumn of 1995, the graves were exhumed and the remains of the victims were moved to remote and clandestine locations, called “secondary grave sites”.

Ruez pointed out the sites of so-called secondary mass graves on the map. There were three clusters of mass graves in the north. First one on the road to Hodzici, the second one in the area of a place called Lipje and the third group of secondary sites is located south of the former enclave Srebrenica in the area of Zeleni Jadar. Ruez admitted that the Office of the Prosecutor would have been unable to discover the location of the secondary gravesites without the aerial photographs given to the Tribunal by the American government. Dozens of photographs were brought before the court. It was easy to spot the changes in the terrain configuration before and after the exhumation. Photographs of the same areas, shown side by side, taken on several occasions, depict first untouched soil, then freshly dug soil, pits that had been dug out and then covered in soil. Following the trail of the photographs, the investigators found more than 30 secondary mass graves.

JAN RENE RUEZ, Witness/Investigator

Part of the process is to scoop the surface. At one point, we`ll see that there is a difference of color in the soil. And here Richard Wright just marked this, and now he`s putting flags on this perimeter. Here you can see on the left and the right there is already a difference.

They are currently narrowing down the size of it, and here the first human remains start to appear.

Since it is a secondary site, there are very few complete bodies in it, due to the way the initial burial was conducted using heavy equipment, then the unburial using again heavy equipment, then the transportation in trucks, the dumping from the trucks, the refilling of the hole with heavy equipment. All this destroys the bodies under. You end up only with a mixture of body parts.

This is the grave filmed from above. Once this phase was completed, the process of retrieving the body parts started.

NARRATOR

The remains of over 2,000 victims from Srebrenica have been found in the mass graves exhumed to date. It is estimated that the remains of around 2,500 more victims lie in the gravesites that have been located and examined, but are yet to be exhumed. Forensic medicine experts Jim Clark and Christopher Lawrence presented to the court the results of the post mortem examinations carried out on the remains of the Srebrenica victims. In most cases, they stated that the cause of death was a gunshot wound, often to the back of the head or the spine.

JIM CLARK, Witness

Number 61. He was found with the ligature, partly around his wrists. He had three gun shot injuries, one to the back of the head and two to the legs.

NARRATOR

Investigator Dean Menning, archaeologist Richard Wright and forensic anthropologist William Haglund testified about other objects found in the mass graves.

DEAN MENNING, Witness

Clearly around the arm and wrists of this individual is a ligature made of twine or string.

You can see that the arms are crossed over in the area of the wrist and here is the cloth ligature, again knotted, sleeve, this is one of his hands, this is another of his hands. Binding and digging into the flesh is a wire ligature.

It has a metal tag identifying him. It also has, what I believe to be, a hair, and human tissue, and h...tooth. And as you can see, that’s the blindfold that you see on that image...

- That’s the blindfold depicted in the large image on the easel?

- That’s the blindfold removed from the body.

NARRATOR

270 blindfolds were found on the bodies of the Srebrenica victims exhumed so far.

FOUAD RIAD, Judge

- Being shot on the spot excludes being shot in a fight? The arrangement you mentioned?

RICHARD WRIGHT, Witness

- No. I think being shot on the spot does not exclude people being shot in a fight. However, at Kozluk, 42 percent of the 280 individuals had their hands tied behind their back. In my opinion, that does exclude people being shot in the fight.


MILITARY INTELLIGENCE ANALYSES

NARRATOR


The task of reconstructing the role played by the accused General Radislav Krstic in the deportations of women and children and the mass executions of men was entrusted to Richard Butler, military intelligence analyst with the Office of the Prosecutor. It was his task to analyze the legal regulations of the VRS, its command structure and the powers and responsibilities of Corps commander. Butler did this by cross-referencing the data from various sources: documents, orders and combat reports of the VRS, transcripts of intercepted radio communications between various headquarters and units of the Drina Corps, aerial photographs, video tapes, witness testimonies and information from the media and other open sources.

Among the thirty thousand-odd documents seized by the investigators in the course of their searches of the VRS headquarters, were a number of work orders authorizing the use of trucks, buses, excavators, bulldozers and other construction machinery, and orderly records about the amounts of diesel and petrol issued. By establishing a link between the work orders and combat orders and reports, radio intercepts, aerial photographs and survivors’ testimonies, Butler was able to reconstruct in detail which units of the Drina Corps participated in the transportation of the captives from the place where they had surrendered to the execution sites and in the digging of mass graves.

As it turned out, VRS officers were quite careless or overly self-confident: in the course of the Srebrenica operation, they communicated using open or insufficiently protected communication lines. The court was presented with dozens of transcripts of radio and telephone intercepts. Members of the BH Army and Security Service surveillance teams testified to their authenticity. General Krstic has been identified as a participant in several conversations, including the one with Colonel Ljubo Beara, chief of Security Service of the VRS General Staff. In the conversation, Colonel Beara begs “Krle” to send him 15 to 30 men, since he has another 3,500 “packages to distribute”, and “Krle” promises he would “see what he can do”. According to the Prosecution, there is no doubt that the “packages” are the captured men and that “to distribute” is to execute.

Richard Dannett, a British general who served several years in Bosnia as a commander in the UN peace force and NATO, reached similar conclusions regarding the role played by General Krstic.

Analyzing General Krstic’s military career and the orders he issued as the chief of staff of the Drina Corps, the general said that the accused was “a competent and experienced staff officer”.

General Dannett analyzed the planning and execution of Operation Krivaja ’95, the code-name for the attack on Srebrenica. According to his analysis, four operations were conducted in parallel: the capturing of men and deportations of women and children; the cutting off and surrounding of the fighters of the 28th Division and civilians trying to reach Tuzla; the action to take Zepa, and finally, what he termed the “dark operation”: the execution of the captured men. The judge asked him whether the “dark operation” could have been carried out without General Krstic’s knowledge.

RICHARD DANNATT, Witness

No, I have to say that because I go back to one of my earlier points of yesterday, that command is a personal thing and a commander must take, does take personal responsibility for all that goes on in his zone of responsibility.

RADISLAV KRSTIC

The ones who are responsible are the commander of the Republika Srpska Army General Staff General Mladic and the commanders he personally appointed to command and control that area.

Colonel Beara Ljubo, Chief of the General Staff Security Service subordinated to General Tolimir, assistant in the General Staff command responsible for security and intelligence.
Major Pecanac, from the Security Service, subordinated to Beara Ljubo. Further, Major Pecanac was the Chief of Security of the Commander in the General Staff.

Then, Lieutenant Pelemis Miso, Commander of the 10th Sabotage Detachment unit subordinated to General Mladic, as it was a General Staff unit.

Major Malinic, commander of the main staff military police battalion in Nova Kasaba. Lieutenant - colonel Popovic Vujadin, Chief of Security of the Drina Corps, personally appointed by General Mladic.

This group of officers was with General Mladic since the beginning of the war in the former Yugoslavia, since Knin. He trusted them implicitly.

They were untouchable. No one could even try to take some measures against them. So, the above mentioned officers were the main commanders and executors of everything that happened from July 11 to July 20.

NARRATOR

This is the statement General Krstic gave to investigator Jean-Rene Ruez in February 2000, a month before his trial began. The Prosecution first showed the tape of the interview with the accused in closed session. The tape was shown in open session a week later in order to protect the persons who might have been endangered by what Krstic had said.

RADISLAV KRSTIC

All the prisoners were handed over to general Mladic. They were gathered at the football stadium in Nova Kasaba... I heard later that they were transported to Bratunac, some facilities in Kravica but the most of them were transported to Bratunac. Further they received the same treatment like the people taken off the buses in Potocari, security interrogation and everything else that happened later with them.

Q. What happened in these villages? For example in the village of Lazete?

A. Based on the information I got, these people were executed.


DEFENSE

RADISLAV KRSTIC

I solemnly declare that I will speak the truth, the whole truth, and nothing but the truth.

RADISLAV KRSTIC

Q. General, you have told Mr. Ruez that General Mladic is the one that murdered thousands of Muslims. Now you`ve told us that you were afraid to expose those crimes. Were you not afraid of General Mladic in any way?

A. I said that General Mladic was responsible for the crimes. It can be said that I feared him as well as his Security Service.

A. I must acknowledge here before you and this Trial Chamber that not in my wildest dreams was I able to undertake any measures. We weren`t allowed to talk about anything like that let alone take steps against a commanding officer, regardless of my knowledge that he or somebody else had perhaps, committed a war crime.

NARRATOR

Testifying at the beginning of the Defense case, General Krstic claimed that Operation Krivaja ’95 was forced by the constant “commando and terrorist” activities of the 28th Division stationed in the enclave. The activities were stepped up in particular in the spring of that year, in the course of the BH Army offensive with the objective of lifting the siege of Sarajevo. According to Krstic, the primary goal of Krivaja ’95 was to reduce the safe area to the actual town of Srebrenica, and to cut it off from Zepa. When that objective was achieved, Krstic claims, General Mladic ordered the operation to continue till the final elimination of the enclaves.

RADISLAV KRSTIC

After the commanders of the units had submitted their reports that they accomplished their tasks, then General Mladic called up each of those commanders: “You haven`t accomplished your task. Continue the attack. Enter Srebrenica." He said literally, "I am now in command of the forces engaged in this operation."

Those who knew General Mladic from previous events and cases, it was known that he very often took over in certain parts of the front in Bosnia-Herzegovina – he took upon himself the role of the battalion commander, or a company leader even in some cases. He told us, "You see now, this is the way to exert command."

NARRATOR

After Mladic took over command of the Srebrenica operation, General Krstic was, as he stated, reduced to the status of a “mere observer”. Then Mladic ordered him to command the attack of the Drina Corps on the Zepa enclave. Krstic claims that he then left the Srebrenica area. However, the Prosecution showed tapes which, as they claim, prove that both Radovan Karadzic and Ratko Mladic considered General Krstic to be much more than a “mere observer” in Srebrenica.

Video archive
RADOVAN KARADZIC


We have turned general Mladic into a legend, because our people want legends. But, we failed to mention the successes of other Corps commanders... For example Krstic, who planned in front of me, and I approved it, the Srebrenica assignment. He did it brilliantly. Of course, the main staff is helping and General Mladic and all the others but we must say that that Krstic is a great general.

RADISLAV KRSTIC

As regards this interview and the position of President Karadzic, I do not wish to comment on this interview. He had no basis for this type of allegation.

NARRATOR

At a parade in Vlasenica in December 1995, General Radislav Krstic and Colonel Ljubo Beara accompanied Mladic. Without stating his name, Mladic praised in his speech the Drina Corps commander. He said the commander, “although being seriously wounded, contributed greatly to the victory over the Muslim gladiators in Srebrenica and Zepa.” Krstic, who lost a leg in January 1995 in a mine explosion, denies that the compliments were addressed to him.

RADISLAV KRSTIC

I cannot rule out the possibility that he was talking about me; however, he was unclear -- it was unclear who he was speaking about.
I don’t see the reason for him to mention me on such a meeting since I was just appointed chief of staff and after that duty of the commander of the general headquarters.

PETER McCLOSKEY, Prosecutor

- General Krstic, for the time period between July 11 and November 1 1995 did you order the summary executions of captured Muslims?

RADISLAV KRSTIC

- I never ordered that.

PETER McCLOSKEY, Prosecutor

- At the same time period, did you ever order anyone to take no prisoners?

RADISLAV KRSTIC

- I never ordered that.

NARRATOR

It became clear why the Prosecution asked that question the next day, when a tape recording of an intercepted telephone conversation was played. The conversation was dated 2 August 1995. The Prosecution claims that the participants were General Krstic and Major Dragan Obrenovic, Chief of Staff of the VRS Zvornik Brigade.

Radio connection subtitles

O: Hello? Hello?
X: Just a moment.
O: Hey, operator, what`s happening, did I lose the line?
K: Hello?
O: Yes. Yes.
K: Is that you, Obrenovic?
O: Yes.
K: Krstic here.
O: How are you General, sir?
K: I`m great, and you?
O: Thanks to you I am too.
K: Way to go, Chief. And how`s you`re health?
O: It`s fine, thank God, it`s fine.
K: Are you working down there?
O: Of course we`re working.
K: Good.
O: We`ve managed to catch a few more, either by gunpoint or in mines.
K: Killed them all. God damn it.
O: Everything, everything is going according to plan. Yes.
K: Single one must be left alive.
O: Everything is going according to plan. Everything.
K: Way to go, Chief. The Turks are probably listening to us. Let them listen, the motherfuckers.

PETER McCLOSKEY, Prosecutor

General Krstic, did you on August 2nd 95 tell Major Obrenovic to kill the people he captured that day.

RADISLAV KRSTIC

No Mr. McCloskey. This has been edited 100%. I didn’t talk with Obrenovic that day at all. Also, I cannot even recognize the other voice, let alone myself. I repeat, this has been edited. I would never issue such an order, by phone, or in person. Never.

NARRATOR

The Prosecution had possession of the tape in the course of their case, but they left it until the end of Krstic’s testimony, to show that the accused had not spoken the truth and to challenge the credibility of his version of the events in Srebrenica. The tactics backfired: the judges ruled that the tape of the intercept could not be admitted into evidence.

A total of 12 witnesses testified for General Krstic. Radovan Radinovic, retired VJ general and lecturer at the highest military schools, played the main role in his defense. As the Defense military expert, Radinovic filed a report in which he analyzed in detail all the stages of the Srebrenica operation and the role of General Krstic therein. In his lengthy testimony, Radinovic challenged the Prosecution claims about the planned, organized and coordinated character of the massacre in Srebrenica, claiming that most of the victims had been killed in the fighting. Just like General Krstic, Radinovic stated that the attack on Srebrenica was forced by the “commando and terrorist activities” of the 28th Division, and that the original goal of the operation was to “reduce the area of the safe havens”, and not to eliminate them completely. As he said, that was out of the question because of the balance of power.

RADOVAN RADINOVIC, Witness

If we take into account the forces on both sides in direct conflict in the Krivaja 95 operation in Srebrenica, according to my reckoning the ratio was 2,8: 1 in favor of the 28th forces. The 28th Division could have surely defended Srebrenica for a long time, long enough I repeat until the international forces, or the UN system intervened and prevented the conflict from further escalating.

Therefore, the Muslim supreme command and their command system in Srebrenica are very responsible.

SEFER HALILOVIC, Witness

When we speak of the mistakes made by the Bosnia-Herzegovina republic, its political and military leaders, I`m thinking first and foremost of the fact that they should have liberated -- planned the liberation of Podrinje first, that operation, and only later the other one, Sarajevo one. If they wanted to deblock Sarajevo, measures should have been taken to strengthen the Defense of Srebrenica and Zepa, which, of course, was not resorted to.

NARRATOR

In order to establish the actual strength and role of the 28th Division – the Prosecution and Defense having made assessments that were vastly different – the judges summoned two former BH Army chiefs of staff to testify as “court witnesses”. Both stated that the 28th Division was a division on paper only, because it was lacking basic military equipment and weapons, but that assistance could have been provided to Srebrenica.

SEFER HALILOVIC, Witness

Later I found out that the command of the 2nd Corps and the main staff knew when the operation started in Srebrenica. Numerous testimonies of people from both military and political circles who were in Srebrenica clearly indicate that they asked for help from the command of the 2nd Corps and from the main staff and from President Izetbegovic but they didn’t get it.

To answer your question whether they had the power and material to help, to come to the help of Srebrenica, I think that they did. First of all, what was needed was, before the Sarajevo operation, to ensure Srebrenica and Zepa, to protect it, and they had enough manpower and enough materiel to do so - that is my opinion - and not to unleash the Sarajevo operation and to leave Srebrenica and Zepa to fend for themselves.

JUDGE WALD

Why kill all these people as opposed to putting them in prisons and exchanging them later and even putting them in camps, as we well know – we have lots of experience with detention camps – but the immediate executions, which were, at least so far as we know, have been unusual.

SEFER HALILOVIC, Witness

I think that today there are more than 60 settlements consisting of Bosniak population mainly who wish to go back to their homes, but those who were executed no longer have any chance of going back home, and that area was removed from the face of the earth. It was cleansed, and as an area, which was between two, Serb states.

ENVER HADZIHASANOVIC, Witness

Srebrenica was the final act of an overall scenario when it came to the Podrinje area and the task of the Drina Corps. Because the ultimate goal was to do away with all the non-Serb population in the Drina River belt and that the non-Serbian population must disappear from those parts so that the Drina should no longer be a border between the states, the Serb states.

NARRATOR

The Defense military expert, however, pointed to another possible scenario, one which implicated the French intelligence service. At the end of the cross-examination, the Prosecution read out a part of a report that Radinovic had filed with the court. In that report, the Defense military expert quotes the statement of the former Yugoslav minister of information, given when the alleged sabotage group code-named Spider was arrested.

ANDREW CAYLEY, Prosecutor

- That group consisted of paid Croats, Slovenes, Muslims, and Serbs. French intelligence service organized, equipped, and trained the group to perform the massacre of Muslim civilians with the aim of attributing that crime to the Serbs and declaring the Serb military and political strategy to be criminal and Republika Srpska as a political result of a world crime. After that scenario, all violence against the Serbs became legitimate."

- General, do you really believe that the French intelligence services used mercenaries to kill thousands of Muslims in the Zvornik...

RADOVAN RADINOVIC, Witness

- Sir, I, as a responsible individual, with a difficult subject I did not consider that I had the right to ignore the fact that before the national public and the international public, the authorized representative of any country whatsoever should present facts and presented facts about the participation of a group...

ANDREW CAYLEY, Prosecutor

- General, do you believe that Goran Matic was telling the truth? It`s in your report, General. You refer to this. Was Goran Matic telling the truth when he said the French intelligence services were responsible for killing thousands of people in July 1995?

RADOVAN RADINOVIC, Witness

- Sir, I do not know or not know whether he was telling the truth. And as somebody that studied the topic, I could not ignore the fact that that minister at that time spoke about that subject.

ANDREW CAYLEY, Prosecutor

General, thank you very much indeed. Mr. President thank you, I have finished my cross-examination.


MISSING LINK

Video archive
RATKO MLADIC


OK, OK, I know it can be done. He should follow me slowly... Come on Zile, come on Zile ... let’s go Krstic. Let’s go Krle.

NARRATOR

As he entered Srebrenica in triumph on 11 July 1995, General Ratko Mladic was accompanied by generals Milenko Zivanovic, nicknamed Zile, and Radislav Krstic, nicknamed Krle. The former was at the time the commander and the latter the chief of staff of the VRS Drina Corps. The main point at issue in the course of the 15-month long trial was the exact time when Krstic replaced Zivanovic as the Corps commander. The Prosecution claimed that the hand-over had been done not later than on 13 July, whereas the Defense argued that it had been done on 20 July at the earliest, in other words, after the most serious crimes in Srebrenica had already been committed. Neither of the parties, however, had documents to corroborate their claims.

As the trial drew to a close, the Prosecution managed to find the missing link in the chain of evidence of General Krstic’s guilt. This crucial piece of evidence was obtained thanks to General Milenko Zivanovic. A member of the investigation team met with him twice in April 2001 in Valjevo.

“JJ”, Protected Witness

According to general Zivanovic, he gave up his duties on the 11th July 1995 in Bratunac. On the 12th he was told that the new commander was Krstic. And then on the 13th July 1995 General Mladic and General Krstic came to General Zivanovic’s Head-Quarters in Vlasenica. And the command was lined up so Zivanovic could say goodbye to them.

NARRATOR

During the second meeting, General Zivanovic gave the OTP investigator a document dated 13 July 1995, informing the subordinate units of the Drina Corps that General Krstic took over as the Corps commander on that date. On the same day and at the same time, 13 July 1995, 20:00 hrs, the new commander issued his first order, for a search of the terrain to be conducted. In the course of the search, thousands of men trying to make their way to Tuzla were captured. Krstic signed the order as “commander”. The document had already been admitted into evidence as a Prosecution exhibit, but now it was shown again, side by side with the notification of the hand-over, in order to prove that the documents were drafted and dispatched at the same time.

In an attempt to challenge the probative value of the documents, the Defense again called its military expert, General Radovan Radinovic.

TOMISLAV VISNJIC, Defense Lawyer

General, can this document, prosecution exhibit 905, be of relevance for determining the date when General Krstic assumed command of the Drina Corps. What is your opinion?

RADOVAN RADINOVIC, Witness

My opinion is that this document cannot be of relevance for determining the date when General Krstic assumed command of the Drina Corps. The document dated July 13, is not a record of the takeover of duty by General Krstic from General Zivanovic. This document only provides information that the takeover was allegedly carried out. Therefore, it is a completely unofficial and non-binding document.

NARRATOR

The judges, however, disagreed with the Defense expert. They concluded that the document was relevant and admitted it into evidence.


CLOSING ARGUMENT

MARK HARMON, Prosecutor


In this case general, Krstic has had the benefit of a trial. With the full panoply of rights enshrined in international law accorded to him. A triumph of the rule of law and of civilization over the atavistic impulses that surely motivated him and his collaborators to slaughter thousands of helpless victims, to deport 35.000 people from their lands and the lands of their ancestors and to deprive them of all of their fundamental human rights. The defendant has had the benefit of a trial, his victims did not. The aggravating factors are overwhelming. I’ve touched on them throughout my closing submissions, meditation and planning that went into them, the suffering of the victims, both of dead and the living, the destruction of the community from Eastern Bosnia and the Srebrenica area, the immediate and the long-terms psychological and material impact that these crimes have had and continue to have on the surviving victims, the accused repeated false testimony under oath and his complete lack of remorse for the crimes that he committed. It is with that in mind, Your Honors, that I request this honorable Trial Chamber to find the defendant Radislav Krstic guilty on all available counts in the indictment and that you sentence him to life sentences for each of the counts in the indictment for which he is found guilty. And further that these life sentences be consecutive to one another.

TOMISLAV VISNJIC, Defense Lawyer
The killings in Srebrenica were horrible but were not genocide as defined by the Geneva Convention on genocide and Article 4 of the Statute of this Tribunal. Simply there is no evidence on the basis of which this Chamber could conclude beyond reasonable doubt that the killings were committed with the intention to destroy, on whole or in part, Bosnian Muslims as a group.

If the intent to destroy the Bosnian Muslims as a group had really existed, the Prosecutor would find it easy to answer the following question: How come women and children were not killed in Potocari as were Jewish, Armenian or Tutsi women and children.

How come the Bosnian Muslims in Zepa were not killed? How come the wounded were not killed? How come the killings in Srebrenica are an isolated and unique case in the four years of war in Bosnia and Herzegovina? This trial has been said to be a search for the truth. The truth about what happened in Srebrenica in July 1995 was indeed revealed during this 15-months long trial. The truth is that many Bosnian Muslims were killed in Srebrenica. The truth is that these killings were unjustified, illegal an immoral. But it is also the truth that these killings were not committed with the intent to destroy, in whole or in part, the Bosnian Muslims. If the Trial Chamber follows the facts, the law and history it will determine that General Krstic is not guilty of genocide or complicity to commit genocide...


THE JUDGMENT

COURT ASSISTANT


The International Criminal Tribunal for the Former Yugoslavia is now in session. Please, be seated.

ALMIRO RODRIGUES, Judge

Good morning Mr. Krstic. "May justice be done lest the world perish" said Hegel. The Trial Chamber is doing its duty in meting out justice and, in this way, hopes to have contributed to creating a better world." General Krstic, The Trial Chamber does not dispute that you are a professional soldier who loves his work. Someone else probably decided to order the execution of all the men of fighting age. The chamber is convinced of that. However, nonetheless, you are still guilty, General Krstic. You are guilty of having knowingly participated in the organised forced transfer of the women, children and old people in Srebrenica at the time of the attack on 6 July 1995 against the United Nations safe area.
You are guilty of the murder of thousands of Bosnian Muslims between 10 and 19 July 1995. You are guilty of the incredible suffering of the Bosnian Muslims whether these be the ones in Potocari or survivors of the executions. You are guilty of the persecution suffered by the Bosnian Muslims of Srebrenica. Knowing that the women, children and old people of Srebrenica had been transferred, you are guilty of having agreed to the plan to conduct mass executions of all the men of fighting age. You are therefore guilty of genocide, General Krstic. This is why the Trial Chamber convicts you today and sentences you to 46 years in prison.

The court stands adjourned.

END ROLL

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