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For legal Implications of NATO's sheltering of war-criminals indicted by the International Tribunal in the Hague, as seen below, see Jordan Paust's brief legal definitions regarding complicity, dereliction of duty, and violation of legal obligations, as well as some reports describing the NATO's lack of action in regards to arresting and extraditing the indeicted war criminals.
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International Criminal Tribunal
For the Former Yugoslavia
Churchillplein, I.P.O. Box 13888
2501 EW The Hgue, Netherlands
Telephone: 31-70-416-5343
Fax: 31-70-416-5355
Gagovic & Others
("Foca")
(26 June 1996)
Press and Information Office
Tel.: (31) 70-416-5343
Fax: (31) 70-416-5355
(Exclusive[y for the use of the media. Not an official document)
CC/PIO/093-E
The Hague, 27 June 1996
The indictment charges Dragan GAGOVIC', Gojko JANKOVIC', Janko JANJIC', Radornir KOVAC', Zoran VUKOVIC', Dragan ZELENOVIC', Dragoljub KUNARAC' and Radovan STANKOVIC' with crimes against humanity, grave breaches of the Geneva Conventions and Violations of the Laws or Customs of War. It was confirmed by Judge VOHRAH on 26 June 1996. Warrants for the accused's arrest were issued on 26 June and were sent to the Federation of Bosnia and Herzegovina and the Republika Srpska.
The indictment is of major legal significance as it is the first time that sexual assaults have been diligently investigated for the purpose of prosecution under the rubric of torture and enslavement as a crime against humanity.
GENERAL ALLEGATIONS
According to the indictment, the municipality of Foca was taken over by the Bosnian Serb Army, assisted by paramilitary units, including some from Serbia and Montenegro, between April and July 1992. The soldiers separated men and women.
The former were mostly detained in the Foca Kazneno-Popravni Dom (KP' Dom Foca), one of the largest prison facilities in the former Socialist Federal Republic of Yugoslavia.
The KP' Dom Foca is one of several detention facilities mentioned in the Karadzic and Mladic indictment of 25 July 1995 under Counts 1 to 2 (genocide and crimes against humanity).
Muslim women, children and elderly persons were detained in houses, apartments and motels in the town of Foca or surrounding villages, and in short and long-term detention centers, such as Buk Bijela, Foca High School and Partizan Sports Hall. Additionally, several women were held in houses and apartments, which were run in the manner of brothels, by groups of mainly paramilitary soldiers
Many of the detained women, some as young as 12 years of age, endured inhumane conditions of detention and were subjected to "humiliating and degrading conditions of life, to brutal beatings and to sexual assaults, including rapes (...)"
The detention and other abuses were carried out between April 1992 and February 1993, with the active or passive knowledge of the local Chief of Police, Dragan GAGOVIC, and other persons in positions of authority, as sub-commanders of the military police. On at least one occasion, GAGOVIC responded to a complaint about the ongoing sexual assaults by later raping the woman who protested.
Among the purposes of the assaults were to extricate information from the women about the whereabouts of their menfolk and the existence of any armed resistance; to punish and intimidate them; and for reasons based upon discrimination.
THE VICTIMS
The indictment charges crimes committed against at least 14 victims, referred to in the indictment by code names and by initials.
These and other women were subjected to almost constant rape and sexual assaults; torture; and other abuses. According to the indictment: "The physical and psychological health of many female detainees seriously deteriorated as a result of these sexual assaults. Some of the women endured complete exhaustion, vaginal discharges, bladder problems and irregular menstrual bleedings. The detainees lived in constant fear. Some of the sexually abused women became suicidal. Others became indifferent as to what would happen to them and suffered from depression (...)"
"Many women suffered permanent gynecological harm due to the sexual assaults. All the women who were sexually assaulted suffered psychological and emotional harm; some remain traumatized."
ONE YOUNG GIRL'S ORDEAL: THE STORY OF FWS-87
While all of the women mentioned in the indictment suffered the horrendous and unrelenting abuses, the ordeal endured by the young girl referred to in the indictment as FWS-87 exemplifies the pattern of violations experienced by these women.
Only 15-years of age when she was first detained in July 1992, the Prosecutor has alleged that FWS-87 was subjected to at least eight months of routine torture, including gang rape, and enslavement at the hands of accused such as JANKOVIC', JANJIC', KOVAC', VUKOVIC, ZELENOVIC', KUNARAC' and STANKOVICÕ' and countless other unidentified soldiers.
FWS-87 was first detained at the Buk Bijela complex on the River Drina on or about 3 July 1992. There, she was interrogated by Dragan ZELENOVIC' and three unidentified soldiers, each of whom raped her in turn. One of the soldiers put a gun to her head as he raped her. FWS-87 suffered severe pain during the attack, followed by heavy vaginal bleeding.
Between 3 and 13 July 1992, FWS-87, together with at least 72 other Muslim inhabitants of Foca, was transferred to Foca High School. FWS-87 was one of several women who, from the second day of their detention, were sexually assaulted, including gang-raped every evening, by groups of soldiers, either in the class-rooms or in nearby apartments. The soldiers consisted of members of the military police and referred to themselves as "Cosa's Guards", after the local commander of the military police, Cosovic. Amongst the perpetrators were the accused JANKOVIC', ZELENOVIC', JANJIC' and VUKOVIC.
The soldiers threatened to kill the women if they refused to submit. Women who tried to resist were beaten.
On or about 6 or 7 July 1992, FWS-87 was raped by VUKOVIC while other detained women were simultaneously raped in the same room. Between 8 and 13 July, the accused Dragan ZELENOVIC led a group of soldiers that sexually abused FWS-87 and another young woman at Foca High School on at least five occasions additional to the one described above.
During this same period, FWS-87 was taken from Foca High School to a nearby apartment owned by ZELENOVIC on at least five occasions. There, she was raped by Zoran VUKOVIC and Dragan ZELENOVIC.
Around 13 July 1992, FWS-87 and the other detainees at Foca High School were transferred to the Partizan Sports Hall. While being held there, until about 2 August 1992, FWS-87and other female detainees were continuously raped and otherwise sexually assaulted by innumerable soldiers and by the accused Dragan ZELENOVIC, Zoran VUKOVIC and Dragoljub KUNARAC with the actual or constructive knowledge of the accused Dragan GAGOVIC. FWS-87 became suicidal as a result of these sexual assaults.
FWS-87. alone with other Muslim women, was transferred on 2 August 1992 to a house in Foca which was owned by a Muslim who lived in Germany. Some of these women were as young as 12 years of age. The house was run in the manner of a brothel by the accused Radovan STANKOVIC. The women were kept there until 30 October 1992.
FWS-87 and the other women held at the house were not only treated as sexual slaves but were also forced to work for the soldiers, including washing uniforms, cooking and cleaning the house. FWS-87 was also forced to clean and cook for other soldiers in other buildings. FWS-87's suicidal feelings continued throughout this period. On or about 30 October 1992, FWS-87 together with other Muslim girls and women, was moved back to Foca and shifted different houses. They were raped and otherwise sexually assaulted on numerous occasions by the accused Dragan ZELENOVIC, Gojko JANKOVIC' and Janko JANJIC.
Between 31 October 1992 and about 25 February 1993, FWS-87 was enslaved Radomir KOVAC in an apartment block in Foca. She and other detained women were not only frequently sexually assaulted, including by the accused KOVAC', but were also forced to perform household chores.
On 25 February 1993, FWS-87 was sold by Radomir KOVAC for 500 Deutschmarks to two unidentified Montenegrin soldiers.
THE INVESTIGATION AND THE STRATEGY
The indictment made public today is the result of an investigation which commenced in late 1994.
This indictment fully illustrates the OTP's strategy:
- to investigate the operation of detention facilities in connection with the takeover of parts of Bosnia and Herzegovina by the Bosnian Serb forces;
- to pay specific attention to gender-related crimes. As stated recently by Justice Goldstone: "We have always regarded it as an important part of our mission to to redefine md consolidate the place of these offences in humanitarian law."
THE ACCUSED
The indictment (at pages 2-3) provides personal details of the eight accused. The following should, however, be pointed out:
- the accused's ages range between 27 and 41 years;
- six held positions of authority as Chief of Police in Foca (Dragan GAGOVIC) or sub-commanders of the military police (Gojko JANKOVIC'; Janko JANJIC'; Radomir KOVAC; Zoran VUKOVIC'; and Dragan ZELENOVlC).
- seven of them, including the six named above, were paramilitary leaders. The eighth belonged to a Serb elite paramilitary group.
THE CHARGES
Today's indictment charges the eight accused with a total of 62 counts of crimes against humanity; grave breaches; and violations of the laws and customs of war. These charges specifically relate to the crimes: rape; torture; outrages upon personal dignity; persecution on political, racial and/or religious grounds; willfully causing great suffering; enslavement; and inhuman treatment.
International Tribunal for the Case No. IT-96-23- I
Prosecution of Persons
Responsible for Serious Violations of Date: 26 June 1996
International Humanitarian Law
Committed in the Territory of Original: ENGLISH
Former Yugoslavia since 1991
Before: Judge Lal C. Vohrah
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 26 June 1996
Vs.
DRAGAN GAGOVIC
GOJKO JANKOVIC
JANKO JANJIC'
RADOMIR KOVAC
ZORAN VUKOVIC
DRAGAN ZELENOVIC'
DRAGOLJUB KUNARIC
RADOVAN STANKOVIC
REVIEW OF INDICTMENT PURSUANT TO
ARTICLE 19(1) OF THE STATUTE
The Office of the Prosecutor
Mr. Graham Blewitt
Mrs. Patricia V. Sellers
I Lal C. Vohrah, Judge of the International Criminal Tribunal for the former Yugoslavia,
UPON RECEIVING an indictment from the Prosecutor pursuant to Article 19(1) of the Statute and Rule 47(C) of the Rules of Procedure and Evidence on 20 June 1992,
AND UPON RECEIVING additional material supplied by the Office of the Prosecutor on 24 June 1996,
AND UPON HEARING the Prosecutor pursuant to rule 47(D) of the Rules of Procedure and Evidence on 26 June 1996,
AND UPON BEING SATISFIED that the material which accompanied this indictment establishes a prima facie case against Dragan Gagovic, Gojko Jankovic, Janko Janjic, Radomir Kovac, Zoran Vukovic, Dragan Zelenovic, Dragoljub Kunarac and Radovan Stankovic in respect of the crimes with which they are charged in the indictment,
CONFIRM the indictment pursuant to Article 19(1) of the Statute and Rule 47(D) of the Rules of Procedure and Evidence in respect of each and every count therein.
Lal C. Vohrah
Trial Chamber II
Dated this twenty-sixth day of June 1996
At The Hague
The Netherlands
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
DRAGAN GAGOVIC
GOJKO JANKOVIC
JANKO JANJIC'
RADOMIR KOVAC
ZORAN VUKOVICÕ
DRAGAN ZELENOVIC'
DRAGOLJUB KUNARIC
RADOVAN STANKOVICÕ
The Prosecutor of the Internationaal Criminal Tribunal for the Former Yugoslavia, pursuant to his authority under article 18 of the statute of the Tribunal charges:
with CRIMES AGAINST HUMANITY, GRAAVE BREACHES of the GENEVA CONVENTIONS (HEREINAFTER, GRAVE BREACHES) and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR, as set forth below:
BACKGROUND
1.1 The city and municipality of Foca are located south-east of Sarajevo, in the Republic of Bosnia-Herzegovina and borders Serbia and Montenegro. According to the 1991 census, the population of Foca consisting of 40.5 13 persons was 51.6 % Muslim, 45.3 % Serbian and 3.1% others. The political and military take-over of the municipality of Foca started with the first military actions in the town of Foca on 7 April 1992. Regular military, units from the Bosnian Serb army' and irregular military units from Serbia and Montenegro, supported by artillery and heavy weapons, proceeded to take over Foca, section by section. The occupation of Foca town was complete by 16 or 17 April 1992. The surrounding villages continued to be under siege until mid July 1992.
1.2 As soon as the Serb forces had taken over parts of Foca town, military police accompanied by local and non-local soldiers started arresting Muslim and Croat inhabitants. Until mid July 1992 they continued to round up and arrest Muslim villagers from the surrounding villages in the municipality. The Serb forces separated men and women and unlawfully confined thousands of Muslims and Croats in various short and long-term detention facilities or kept them under constructive house arrest. During the arrests many civilians were killed, beaten or subjected to sexual assault.
1.3 During the take-over and the arrest of the non-Serb population, there was a close alliance between the Foca police (hereinafter, SUP) and the Serb forces. The arms and uniforms for the Serb soldiers were distributed from the SUP building. Serb soldiers were constantly going in and out of the SUP building and started their wave of arrests from there.
1.4 The Foca Kazneno-Popravni Dom (hereinafter KP Dom), one of the largest prison facilities in the former Republic of Yugoslavia. was the primary, detention facility for men. Muslim women, children and the elderly were detained in houses, apartments and motels in the town of Foca or in surrounding villages, or at short and long-term detention centers such as Buk Bijela, Foca High School and Partizan Sports Hall. respectively. Many of the detained women were subjected to humiliating and degrading conditions of life, to brutal beatings and to sexual assaults, including rapes.
1.5 Besides the above mentioned detention places, several women were detained in houses and apartments used as brothels, operated by groups of soldiers, mostly paramilitary. The ICRC and other organizations, unaware of these detention facilities, did not intervene. Therefore those detainees had no possibility of release or exchange.
THE ACCUSED
2.1 DRAGAN GAGOVIC, son of Milorad, born on 13 June 1960 in Ustikolina, was a
permanent resident of Ustikolina in the municipality of Foca. Prior to the war he worked as a department commander of the Foca SUP. He was a member of the Serbian Democratic Party (hereinafter SDS). DRAGAN GAGOVIC, the former deputy of police, was appointed the Chief of Police in Foca by the SDS after the April 1992 take-over of Foca.
2.2 GOJKO JANKOVIC, son of Danilo, born on 31 October 1954 in the village of Trbusce in the municipality of Foca, was a permanent resident of Foca at I. C. Kovacica Street. For a period of time he had lived in Herceg Novi, Montenegro. Prior to the take-over of Foca, he worked in the Sipad Maglic Company and owned a cafe in Trnovaca. GOJKO JANKOVIC was a sub-commander of the military police and one of the main paramilitary leaders in Foca.
2.3 JANKO JANJIC also known as ( hereina~er aik!~'~I) "Tuta", son of Milorad, born on 17 June 1957 in Miljevina, municipality of Foca. was a pennanent resident of Foca at Mose Pijade Street no.6. He was a car mechanic and unemployed prior to the Bosnian Serb attack on Foca in April 1992. JANKO JANJIC became one of the sub-commanders of the military police and a paramilitary leader in Foca. He was involved in the attack on Foca and its surrounding villages and the arrest of civilians.
2.4 RADOMIR KOVAC, aikia "Kianfa," son of Milenko, born on 31 March 1961 in Foca, wasa permanent resident of Foc~a at Samoborska Street. RADOMIR KOVAC was one of the sub-commanders of the military police and a paramilitary. leader in Foca. He was involved in the attack on Foca and its surrounding villages and the arrest of civilians.
2.5 ZORAAN VUKOVIC, son of Gojko, born in 1965 in the village of Prijedel, municipality of Foca, was permanent resident of Prijedel. He worked as a waiter and had lived in Herceg Novi, Montenegro. ZORAN VUKOVIC was involved in the attack on Foca and its surrounding villages and the arrest of civilians. He was one ot the sub-commanders of the military police and a paramilitary leader in Foca.
2.6 DRAGAN ZELENOVIC a/k/a "Zeija" and "Zeleni", son of Bogdan, born on 12 February 1961 in Foca, lives at Nurije Pozderca 21 of June 1996. He worked as an electrician in Miljevina before the war. DRAGAN ZELENOVIC was one of the sub-commanders of the military police and a parmilitary leader in Foca. He was involved in the attack on Foca and its surrounding villages; and in the arrest of civilians.
2.7 DRAGOLJUB KUNARAC a/k/a "Zaga" and "Dragan", son of Aleksa, was born on 15 May 1960 in Foca. He lives at D. Fundica Street No.3 d as of June 1996. He lived in Tivat, Montenegro prior to the April 1992 attack on Foca. DRAGOLJUB KUNARAC, a paramilitary commander, was subordinate to Pero Elez, a paramilitary leader who was killed during the occupation of Foca and the surrounding villages.
2.8 RADOVAN STANKOVIC a/k/a "Rasa", son of Todor, born on 10 March 1969 in the village of Trebica, municipality of Foca, was a perrnanent resident of Miljevina. He belonged to the Serb elite pararnilitary unit of Pero Elez. RADOVAN STANKOVIC, was also a subordinate of Pero Elez. RADOVAN STANKOVIC was in charge of Karaman's house in Miljevina, where Muslim women were detained and sexually assaulted, including raped.
SUPERIOR AUTHORITY
3.1 DRAGAN GAGOVIC', in his capacity as chief of police, was the person in charge of the detention and the release of female lvi uslim detainees in Foca. He was responsible for the living conditions of the detainees in Partizan Sports Hall, a detention facility that held women, children and elderly men from July 1992 through to August 1992. DRAGAN GAGOVIC exercised powers and duties indicative of his superior position. He decided that the arrested Muslim women should first be kept in the Foca High School and then transferred to the Partizan Sports Hall. Police staff, subordinate to DRAGAN GAGOVIC, guarded the detainees in both of these detention facilities. As the person who oversaw female Muslim detainees, DRAGAN GAGOVIC was responsible for the acts of the police guards and the soldiers who entered the Partizan Sports Hall. He knew or had reason to know that the women who were detained at the Partizan Sports Hall were frequently scxually assaulted. The Partizan Sports Hall was situated very close to the SUP building. Events that happened at the Partizan Hall could be heard and seen from the SUP building. DRAGAN GAGOVIC was physically present in the Partizan Sports Hall on several occasions. Around 16 July 1992, a group of detainees from the Partizan Sports Hall, went to the SUP building and informed DRAGAN GAGOVIC about the constant sexual assault of women in the detention facilitv. On or around 17 July 1992, DRAGAN GAGOVIC' personally raped one of the women who, on the previous day, had complained about the incidences of sexual assaults.
3.2 GOJKO JANKOVIC' was involved in the military attack on Foca town and various surrounding villages and the arrest of civilians in leading positions. GOJKO JANKOVIC', in his capacity as a sub-commander of the military police in Foca, was in charge of the soldiers who, on 3 July 1992, arrested a group of women and transported them to the military facility at Buk Bijela for interrogation. In his position, GOJKO JANKOVIC' was responsible for the acts of soldiers subordinate to him and knew or had reason to know that his subordinates sexually assaulted Muslim women during or immediately following the interrogations. GOJKO JANKOVIC' personally was involved in the interrogation and rape of women at Buk Bijela.
3.3 DRAGOLJUB KUNARAC, the commander of a special volunteer unit of non-local irregular Serb soldiers mainly from Mon tenegro, had his headquarters in a house in the Aladz'a neighbourhood in Foca at Ulica Osmana Dikica no.16. There, he stayed with at least ten Montenegrin soldiers after the take-over of Foca. In his capacity as commander of these soldiers, DRAGOLJUB KUNARAC was responsible for the acts of soldiers subordinate to him and knew or had reason to know that his subordinates sexually assaulted Muslim women at his headquarters. He was personally involved in sexual assaults of women at his headquarters.
GENERAL ALLEGATIONS
4.1 At all times relevant to this indictment, a state of international armed conflict and partial occupation existed in the Republic of Bosnia-Herzegovina in the territory of the former Yugoslavia.
4.2 All acts or omissions set forth herein as Grave Breaches of the Geneva Conventions of 1949 and recognised by Article 2 of the Statute of the Tribunal, occurred during that armed conflict and partial occupation.
4.3 At all times relevant to this indictment, the victims, referred to in the charges contained herein were persons protected by the Geneva Conventions of 1949.
4~4 At all times relevant to this indictment, the accused were required to abide bv the laws or customs governing the conduct of war.
4~5 Unless otherwise set forth below. all acts and Omissions set t_-th in this indictment took place between April 1992 and February' 1993.
4.6 In each count charging torture, the acts were committed by or at the instigation of, or with the consent or acquiescence of, an ofricial or person acting in an official capacity, and for one or more of the following purposes: to obtain information or a confession from the victim or a third person; to punish the victim for an act the victim or a third person committed or was suspected of having committed; to intimidate or coerce the victim or a third person; and/or for any reason based upon discrimination of any kind.
4.7 In each count charging crimes against humanity, a crime recognised by Article 5 of the Statute of the Tribunal, the acts or omissions were part of a widespread or large-scale or systematic attack against a civilian population, specifically the Muslim population of the municipality of Foca.
4.8 In this indictment, acts of forcible sexual penetration of a person, or forcing a person to sexually penetrate another are alleged. Sexual penetration includes penetration, however slight, of the vagina, anus or oral cavity, by the penis. Sexual penetration of the vulva or anus is not limited to the penis. Such acts can constitute an element of a crime against humanity, (enslavement under Article 5(c), torture under Article 5(f), rape under Article 5(g)), violations of the laws and customs of war, (torture under Article 3 and Article 3(1 )(a) of the Geneva Conventions) and a grave breach of the Geneva Con ventions,( torture under Article 2 (b)). Where the nature of the sexual assault is unspecified, the Prosecutor is not aware, at the present, of the precise form of penetration or sexual abuse.
4.9 The terms "Serb soldiers" or "Serb forces" used in this indictment refer to persons of Serbian descent under the command of the Bosnian Serb Army or paramilitary forces connected thereto, who were either citizens of Bosnia-Herzegovina or citizens from any other part of the former Yugoslavia.
4.10 Witnesses and victims are identified in this indictment using code names or pseudonyms such as F\VS-95 or initials, for example, D.B.
4.11 All accused are individually responsible for the crimes charged against them in this indictment, pursuant to Article 7(1) of the Statute of the Tribunal. Individual criminal responsibility includes comnutting, planning, initiating, ordering or aiding and abetting in the planning, preparation or execution of any acts or omissions set forth below.
4.12 DRAGAN GAGOVIC' in respect of counts 29-31, GOJKO JANKOVIC' in respect of counts 14 and DRAGOLJUB KUNARAC in respect of counts 40-43 are also, or alternatively, criminally responsible as superiors for their subordinates pursuant to Article 7 (3) of the Statute of the Tribunal. Superior criminal responsibility is the responsibility of a superior officer for the acts of his subordinate if the superior knew or had reason to know that his subordinate was about to commit such acts or had done so and the superior failed to take necessary and reasonable measures to prevent such further acts or to punish the subordinates thereof. By failing to take the actions required of a person in superior authority DRAGAN GAGOVIC,
GOJKO JANKOVIC and DRAGOLJUB KUNARAC are responsible for all the crimes set out in the respective counts pursuant to Article 7(3) of the Statute of the Tribunal.