International Criminal Tribunal
For the former Yugoslavia
Churchillplein, PO. Box 13888
Telephone: 31 70 416 5343
Fax: 31 70 416 5355

Press and Information Office

Indictment

Rajic ("Stupni Do")

(23 August 1995)

Press and in formation Office
Bureau De Presse Et d' information

Tel.: (31) 70-416 5343
Fax: (31) 70-416 5355

THIS PRESS FOLDER CONTAINS:

- Press release of 6 September 1995 - English version
- The Indictment.

**** CC/PIO/17-E
The Hague, 6 September 1995

PRESS RELEASE
(Exclusively for the use of media. Not an official record)

INTERNATIONAL TRIBUNAL INDICTS A CROATIAN MILITARY REGIONAL COMMANDER

Today, Wednesday 6 September 1995, the International Criminal Tribunal for the former Yugoslavia makes public the indictment of Ivica RAJIC for war crimes in relation to the unlawful attack by the Croatian Defense Council (HVO) against the village of Stupni Do (Central Bosnia) in October 1993.

THE INDICTMENT AND THE PROCEDURE

Filed on 23 August 1995 by the Prosecutor , Justice Richard Goldstone, this indictment was confirmed on 29 August 1995 by Judge Sidhwa.

On the same day, Judge Sidhwa signed warrants for the arrest of the accused, who presently is in the custody of the authorities of the Croatian administration of Herceg--Bosna.

Judge Sidhwa also ordered that there be no public disclosure of the indictment until it was served.

The Tribunal was informed on Tuesday 5 September 1995 that the indictment and the warrants have been served.

THE ACCUSED

The indictment alleges that Ivica RAJIC, also known as Viktor ANDRIC, was the commander of the HVO's Second Operational Group for the region of Kiseljak, Kresevo and Vares (Central Bosnia) in October 1993.

THE FACTS ALLEGED IN THE INDICTMENT

On 23 October 1993, units of the HVO under RAJIC's command attacked the village of Stupni Do, located about 4 kilometers southeast of Vares and inhabited by approximately 250 people who were mostly of Muslim origin. In the attack at least 16 civilians were killed, the village was almost totally destroyed and the inhabitants who had survived were forced to flee.

THE INVESTIGATION

The indictment is the result of an investigation which commenced in March 1994.

THE CRIMES AND THE CHARGES

Ivica RAJIC is charged with:

I) Grave breaches of the Geneva Conventions of 1949, relative to the protection of civilian persons in time of war, namely the willful killing of civilians and the destruction of property in Stupni Do.

2) Violations of the Laws or Customs of War against persons who took no active part in the hostilities, namely the deliberate attack on the civilian population of Stupni Do and the wanton destruction of the village.

****

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Richard J. Goldstone, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia, pursuant to his authority under Article 18 of the Statute, charges:

1. During October 1993, the armed forces of the self-proclaimed Croatian Community of Herceg-Bosna ("HZ-HB"), known as the Croatian Defense Council ("HVO"), were engaged in an armed conflict with the armed forces of the government of the Republic of Bosnia-Herzegovina.

2. In October 1993, the town of Vares in central Bosnia was under the control of the HVO. Stupni Do, a village located approximately four kilometers southeast of Vares, was inhabited by approximately two hundred and fifty people who were almost exclusively of Muslim origin. The inhabitants of the village regarded themselves as part of the Republic of Bosnia-Herzegovina.

3. On or about the 22nd of October 1993, Ivica RAJIC, who was the commander of the Second Operational Group of the HVO based in Kiseljak, came to Vares with HVO soldiers under his command. In the HVO military chain of command, units of the HVO in Vares were under the regional command of the Second Operational Group. On or about the 22nd of October 1993, the HVO forces in or about Vares, including the Bobovac Brigade, came under the direct personal command of Ivica RAJIC.

4. On the 23rd of October 1993, at 0800 hours or thereabouts, units of the HVO, under Ivica RAJICÕS command attacked the village of Stupni Do. When the attack had been completed by the HVO, at least sixteen members of the civilian population had been killed. The village was almost totally destroyed and the inhabitants who had not been killed had been forced to flee.

The Accused

5. Ivica RAJIC, also known as Viktor ANDRIC, son of Ivan, was born on the 5th of May 1958, in the village of Johovac, in the municipality of Kiseljak, in Bosnia--Herzegovina. He is a graduate of a military academy of the former Yugoslavia and was formerly a captain (first class) in the former Yugoslav People's Army.

6. In August 1992, Ivica RAJIC became the HVO commander of the Second Operational Group for the region covering the municipalities of Kiseljak, Kresevo, and Vares. He occupied this position in October 1993.

7. The Prosecutor has been informed that Ivica RAJIC is presently in the custody of the authorities of HZ-HB in connection with other crimes which are not the subject of this indictment.

General Allegations

8. During October 1993, a state of armed conflict existed in the Republic of Bosnia--Herzegovina.

9. At all relevant times, the victims and property referred to in this Indictment were protected under the applicable provisions of the Geneva Conventions.

10. At all relevant times, the victims and property referred to in this Indictment were protected by the laws or customs of war.

II. At all relevant times, Ivica RAJIC was required to abide by the laws or customs governing the conduct of war and all the applicable provisions of the Geneva Conventions.

Charges

12. On or about the 23rd of October 1993, Ivica RAJIC, as commander of the HVO forces of the Second Operational Group, which included those HVO forces in Vares, ordered an unlawful attack against the civilian population and individual citizens of the village of Stupni Do causing death and injury to that civilian population and individual citizens and the almost total destruction of the village. In doing so, Ivica RAJIC committed:

Count I: A Grave Breach of the Geneva Conventions of 1949, as recognized by Articles 2(a) (willful killing) and 7(1) of the Statute;

Count II: A Grave breach of tie Geneva Conventions of 1949, as recognized by Articles 2(d) (destruction of property) and 7(1) of the Statute; and

Count III: Violations of the Laws or Customs of War, as recognized by Articles 3 (deliberate attack on the civilian population and wanton destruction of the village) and 7(1) of the Statute.

OR ALTERNATIVELY

13. On or about the 23rd of October 1993, Ivica RAJIC, as commander of the HVO forces of the Second Operational Group, which included those forces in Vares, knew or had reason to know that a subordinate or subordinates in the HVO was or were about to unlawfully attack, and did attack, the civilian population and individual citizens of Stupni Do causing death and injury to that civilian population and individual citizens and the almost total destruction of the village. Ivica RAJIC failed to take the necessary and reasonable measures to prevent such an attack and failed to punish the perpetrators of this unlawful attack. In doing so, Ivica RAJIC committed:

Count IV: A Grave Breach of the Geneva Conventions of 1949, as recognized by Articles 2(a) (willful killing) and 7(3) of the Statute;

Count V: A Grave Breach of the Geneva Conventions of 1949, as recognized by Articles 2(d) (destruction of property) and 7(3) of the Statute; and

Count VI: Violations of the Laws or Customs of War, as recognized by Articles 3 (deliberate attack on the civilian population and wanton destruction of the village) and 7(3) of the Statute.

23 August 1995
The Hague, The Netherlands
Richard J. Goldstone, Prosecutor