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The Indictment The three defendants named in the indictment are each charged on the following five counts: Murder, as a Crime Against Humanity (charged under Articles 5(a) and 7(1) of the Statute of the Tribunal); and as a Violation of the Laws and Customs of War (Articles 3 and 7(1)); Persecutions, a Crime Against Humanity (Articles 5(h) and 7(1)); the Inhumane Act of Forcible Transfer, a Crime Against Humanity (Articles 5(i), and 7(1)); and Deportation, a Crime Against Humanity (Articles 5(d) and 7(1)).
Proceedings All three were indicted on February 10, 2005. The initial appearance of Miletic and Gvero took place on March 2, 2005. Gvero immediately pleaded “not guilty”, while Miletic waited to enter a plea on the grounds that he did not understand his indictment. He later also entered a plea of “not guilty”.
Factual Allegations The prosecutor makes the case that the indictees were part of a Joint Criminal Enterprise to remove the Muslim population of Srebrenica through deportation or execution. Their roles in the execution of this aim are many and various, but are generally associated with misinformation and propaganda, the coordination and monitoring of criminal activities, and formulation of the actual strategy to accomplish the ends of the enterprise. As members of the Enterprise, the indictees bear responsibility for the crimes that took place.
Highlights of the Trial
Composition of the Court Trial Chamber II Judge Kevin Parker, Presiding Judge Krister Thelin Judge Christine Van Den Wyngaert
Initial Appearance Judge Carmel Agius
Pre-Trial Judge Judge Christine Van Den Wyngaert
Office of the Prosecutor Carla Del Ponte
Counsel for the Defense Peter Morrissey for Radivoje Miletic Steven Powles for Milan Gvero
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