Second Srebrenica Trial Begins

The second Srebrenica trial began two days late, occasioned by the guilty plea of one of the four accused. It started with an objection by Accused Vidoje Blagojevic over the counsel appointed to represent him. 'I have no defense counsel,' he told the Court, 'and the persons introducing themselves have been imposed upon me.' Presiding Judge Liu acknowledged that had been decided at the pretrial conference and suggested there might be a need for another hearing to determine if counsel had consulted with him. Then Judge Liu gave the floor to the Prosecutor for his opening statement.

Prosecutor Peter McCloskey made a low-key presentation of what the prosecution hopes to prove about the worst genocide on European soil since WWII. Given the 98 day trial of General Radislav Krstic after which he was convicted of genocide for his part in the Srebrenica massacre, the prosecutor will seek to establish many of the background facts by introducing transcripts from that trial. This is allowed under Rule 92 bis (D) of ICTY Rules, where the transcript evidence doesn't concern the acts or conduct of the accused.

With genocide and crimes of war having been established, the focus of the current trial will be linking the three accused to those crimes. Blagojevic and Dragan Obrenovic were commanders (of the Bratunac Brigade and Zvornik Brigade respectively) with responsibility for Bosnian Army troops in the region of northeast Bosnia in which Srebrenica lies. Dragan Jokic was Chief of Engineering for the Zvornik Brigade.

All three are charged with participating in a joint criminal enterprise to forcibly remove Bosnian Muslim women and children from Srebrenica and to kill all males of military age in the so-called safe area over a four day period in July 1995. Other members of the alleged joint criminal enterprise include Ratko Mladic (indicted, at large), Milenko Zivanovic, Radislav Krstic (convicted), Vinko Pandurevic (indicted, at large), Ljubisa Beara (indicted, at large), Vujadin Popovic (indicted, at large), Momir Nikolic (pled guilty).

Charges against Blagojevic and Obrenovic were brought on the basis of their 'command responsibility' as well as individual responsibility as participants in the joint criminal enterprise. Those with authority to command others are responsible for the criminal acts of their subordinates if they knew or should have known the subordinate was about to commit criminal acts and took no action to stop or punish them.

According to Mr. McCloskey, there were four significant commanders in the Srebrenica campaign: Mladic, Krstic, Bagojevic and Obrenovic. Jokic, he said, provided a key link in the Zvornik Brigade, as he was responsible for prisoners. Jokic has been charged on the basis of his individual responsibility for his participation in the joint criminal enterprise.

Yet, as McCloskey outlined some of the major pieces of evidence he will present to establish genocide, the Srebrenica 'campaign' was clearly General Ratko Mladic's operation. The prosecution has video footage of Mladic entering Srebrenica after Bosnian Serb forces took the town. In it, he faces the camera and says clearly, 'It is time to take revenge on the Turks in this region.' Another video will show a meeting where Mladic demands that the Bosnian Muslim representative send his army's commanders to speak with Mladic. 'The future of your people is in your hands. They can either survive or disappear.'

The following day, Mladic tells the UN Dutch Battalion (Dutchbat) that he wants to see all the men between 16 and 60 years old to determine if they're on a list of war criminals. According to the prosecutor, this shows the beginning of putting the murder operation into effect. The evidence will show that there was little interrogation of the men after they were separated out. Their identification cards were taken and they were given no food, water or medical attention during the days they were detained.

The prosecution will also play a telephone intercept where a Bosnian Serb Army (VRS) soldier suggests that the women and children might be allowed to choose where they wish to go. Mladic replies that they all capitulated and will go where they are sent. This directly contradicts the position maintained by Bosnian Serb authorities that the women and children left the municipality of Srebrenica voluntarily. They may have wanted out, but they weren't free to choose where they'd go.

Another intercept the prosecutor called 'the single most important piece of evidence' they would present. It is a telephone call from Beara to Krstic, asking for additional resources. He says he has 3500 'parcels' that have yet to be distributed and he has no solution. Former co-accused Momir Nikolic will testify that 'parcels' referred to 'prisoners.' Krstic responds that he will see what he can do.

The acts of the three accused may not be as dramatic as those of Mladic, but, the prosecutor contends, 'they were critical to the success of the murder operation.' Two were high in the chain of command, the third was an important link between orders from above, their implementation below and reporting back to the commanders. Neither a politician nor a general can commit genocide without the help of many 'willing executioners.'

The prosecution will call its first witness tomorrow.