Closing In On Mladic: Two Srebrenica Generals, Deputies to Mladic, Appear Before Tribunal

The circle closed in tighter around fugitive war crimes suspect General Ratko Mladic as two of his high-ranking former deputies made their initial appearances in Trial Chamber II today. Generals Radivoje Miletic and Milan Gvero faced charges stemming from their alleged involvement in the 1995 Srebrenica massacre in which thousands of Bosnian Muslim men and boys were brutally murdered. Both were members of the Main Staff of the Army of Republika Srpska (hereinafter the 'VRS') who reported directly to its Commander, General Ratko Mladic. A third indicted officer, Zdravko Tolimir, former VRS Assistant Commander for Intelligence, remains at large but is believed to be living in Serbia. General Gvero pleaded 'not guilty' to all charges and General Miletic did not enter a plea at this time.

Both men appeared stoic as a summary of the charges were read aloud by Judge Carmel Agius. General Miletic insisted that he did not 'surrender' to the Tribunal stating instead that, 'a general does not surrender. I came voluntarily.' He claimed that he did not fully understand the charges and that he would await assignment of permanent defense counsel before deciding to enter a plea.

General Gvero also stated that he was voluntarily present and affirmed that the Tribunal afforded him a fair opportunity for justice saying, 'In agreement [with] the Government of Serbia, I arrived voluntarily, firmly convinced there is a great possibility for justice and truth to come forth.' He vigorously denied the charges, stating that he had never killed 'so much as a sparrow let alone a person' nor did he command any units that did so. General Gvero emphatically claimed that he would eventually prove his innocence. Judge Agius noted that it was the burden of the prosecution to prove their counts, not that of the accused to prove his innocence.

General Miletic was Chief of Operations and Training and served as Deputy Chief of Staff, while General Gvero was Assistant Commander for Morale, Legal and Religious Affairs. Together with Tolimir, they are charged with: 1) two counts of Murder one as a crime against humanity and a second as a violation of the laws and customs of war; 2) Persecution; 3) Inhumane Acts for forcible transfer; and 4) Deportation.

According to the indictment, General Miletic drafted 'Operational Directive 7' which was issued by Republika Srpska ('RS') President Radovan Karadzic. The directive ordered 'complete the physical separation of the Srebrenica and Zepa enclaves as soon as possible…create an unbearable situation of total insecurity, with no hope of further survival or life for the inhabitants of Srebrenica or Zepa.'

General Gvero is accused of assisting in the attack on Srebrenica by misleading UN forces about Muslim attacks on UN observation posts and preventing international protection of the enclaves by lying to international representatives in order to block UN and other international organizations' access to Srebrenica. The indictment also alleges that he assisted in organizing and coordinating the capture and detention of Muslim men from Srebrenica.

Despite the public statement of his belief that the ICTY would grant him a fair trial, General Gvero's prior attitude towards the court has not been warm. After the war, he became a member of the Yugoslav Army's ('VJ') so-called 'Military Commission for Cooperation with the ICTY.' The Commission was established in 2001 and despite its euphemistic name was fervently anti-ICTY. It was composed of conservative high-ranking active and former VJ officers who sought to protect military figures indicted by the Tribunal. The commission was disbanded in 2003.

These three defendants will likely be joined with Ljubisa Beara, the VRS Chief of Security on the Main Staff, who is currently facing charges of genocide and crimes against humanity for his role in the Srebrenica massacre.