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The Indictment The Prosecutor has charged Nikolic with five counts: Genocide, or alternately Complicity in Genocide (punishable under Articles 4(3)(a) or 4(3)(e) and 7(1) of the Statute of the Tribunal); Extermination, a Crime Against Humanity (Articles 5(b) and 7(1)); Murder, as a Crime Against Humanity (Articles 5(a) and 7(1)), and a Violation of the Laws or Customs of War (Articles 3 and 7(1)); and Persecutions, a Crime Against Humanity (Articles 5(h) and 7(1)).
Proceedings Indicted September 6, 2002, kept under seal until October 21, 2002. Nikolic’s initial appearance took place on March 23, 2005, when he postponed entering a plea. On a secondary hearing on April 20, 2005 he entered a plea of “not guilty”.
General Allegations In its indictment, the Office of the Prosecutor makes the case that Drago Nikolic was part of a Joint Criminal Enterprise whose final aim was the removal or execution of the Bosniak population of the Srebrenica enclave. As regards his specific role in the Enterprise, and his contribution to the final goal, the Prosecutor alleges that Nikolic was in large part responsible for the movement of Bosniak prisoners (who were later executed), that he was personally present at several of the detention and execution sites, and that he was responsible for coordinating efforts with Interior Ministry (MUP) and special police units (who were also heavily involved in the executions). It is also alleged that members of Nikolic’s platoon of military police were involved in the guarding and execution of prisoners.
Highlights of the Trial
Court Composition Trial Chamber I Judge Liu Daqun, Presiding Judge Volodymyr Vassylenko Judge Carmen Maria Argibay
Office of the Prosecutor Peter McCloskey
Defence Counsel Tjarda Eduard van der Spoel
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