DESTRUCTION OF SACRED SITES

30. Muslim and Catholic places of worship were systematically damaged and/or destroyed by Bosnian Serb military forces and others. In many instances, where no military action had taken place or had ceased, these sacred sites were also damaged ,and/or destroyed. These places of worship include, but are not limited to those mentioned in paragraph 37 of this indictment. Bosnian Serb military and police forces failed to take reasonable and necessary measures to ensure that these religious sites would be protected.

31. The events described above were directed against Bosnian Muslim and Bosnian Croat civilians. Individually and collectively, these actions taken by or on behalf of the Bosnian Serb administration, have been on such a large scale and implemented in such a systematic way that they have destroyed, traumatised or dehumanised most aspects of Bosnian Muslim and Bosnian Croat life in those areas where the Bosnian Serb administration has taken control.

32. RADOVAN KARADZIC and RATKO MLADIC knew or had reason to know that subordinates in detention facilities were about to kill or cause serious physical or mental harm to Bosnian Muslims and Bosnian Croats with the intent to destroy them, in whole or in part, as national, ethnic or religious groups or had done so and failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

33. RADOVAN KARADZIC and RATKO MLADIC individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of persecutions on political and religious grounds or knew or had reason to know that subordinates were about to do the same or had done so and failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 1: GENOCIDE as recognised by Articles 4(2)(a),(b),(c) and 7(3) of the Statute of the Tribunal.

Count 2: a CRIME AGAINST HUMANITY as recognised by Articles 5(h) and 7(1) and 7(3) of the Statute of the Tribunal.

COUNTS 3-4
(UNLAWFUL CONFINEMENT OF CIVILIANS)

34. From the outset of hostilities in the Republic of Bosnia and Herzegovina, thousands of Bosnian Muslim and Bosnian Croat civilians were unlawfully interned in detention facilities. Many of these facilities were established and operated by the Bosnian Serb military, police and their agents under the direction and control of RADOVAN KARADZIC and RATKO MLADIC. As de.scribed in paragraphs 18 and 20-22 of this indictment and incorporated in full herein, the conditions in these facilities were inhumane. Countless civilians were abused and many perished in these internment facilities.

35. RADOVAN KARADZIC and RATKO MLADIC individually and in concert with others planned, ordered, instigated or otherwise aided and abetted in the planning and preparation or execution of the unlawful detention of civilians or knew or had reason to know that subordinates were unlawfully detaining civilians and failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 3: a GRAVE BREACH as recognised by Articles 2(g) (unlawful confinement of civilians), 7(1) and 7(3) of the Statute of the Tribunal.

Count 4: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (outrages upon personal dignity) as recognised by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

COUNT 5
(SHELLING OF CIVILIAN GATHERINGS)

36. As described in paragraph 26 of this indictment, which is incorporated in full herein, Bosnian Serb military forces fired upon civilian gatherings that were of no military significance, thereby causing injury and death to hundreds of civilians. RADOVAN KARADZIC and RATKO MLADIC, individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of unlawful attacks against the civilian population and individual civilians with area fire weapons such as mortars, rockets and artillery or knew or had reason to know that the Bosnian Serb military forces were about to unlawfully attack the civilian population and individual civilians, or had already done so, and failed to take the necessary and reasonable steps to prevent such shelling or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 5: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (deliberate attack on the civilian population and individual civilians) as recognised by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

COUNT 6
(DESTRUCTION OF SACRED SITES)

37. Since April 1992 to the end of May 1995, in territory of the Republic of Bosnia and Herzegovina controlled by the Bosnian Serb military and police, including areas where no military conflict was ongoing, there has been widespread and systematic damage to and destruction of Muslim and Roman Catholic sacred sites. In areas such as Banja Luka, the near total obliteration of these religious sites has occurred. The sites in the Banja Luka area include the following:

MUSLIM SACRED SITES

Name of Mosque - Location - Date of Destruction or Damage

Sefer-Beg Mosque - Banja Luka - 09.04.93
Ferhadija Mosque - Banja Luka - 07.05.93
Arnaudija Mosque - Banja Luka - 07.05.93
Mosque in Vrbanje - Banja Luka - 11.05.93
Zulfikarova Mosque - Banja Luka - 15.05.93
Behram-Efendija Mosque - Banja Luka - 26.05.93
Mehidibeg Mosque - Banja Luka - 04.06.93
Sufi Mehmed-Pasa Mosque - Banja Luka - 04.06.93
Hadzi-Begzade Mosque - Banja Luka - 04.06.93
Gazanferija Mosque - Banja Luka - 04.06.93
Hadzi-Sebenova Mosque - Banja Luka - 14.06.93
Hadzi-Kurt Mosque - Banja Luka - 14.06.93
Hadzi-Pervis Mosque - Banja Luka - 06.09.93
Hadzi-Osmanija Mosque - Banja Luka - 08.09.93
Hadzi-Omer Mosque - Banja Luka - 09.09.93
Hadzi-Salihija Mosque - Banja Luka - 09.09.93

ROMAN CATHOLIC SACRED SITES

Name of Church - Date - Date of Destruction or Damage

Church of St. Joseph at Trno - Banja Luka - 24.10.91
Parish Church - Banja Luka - 00.12.91
St. Bonaventura Cathedral - Banja Luka - 31.12.91
St. Vincent Monastery - Banja Luka - 00.12.92
Village Church - Vujnovici - 05.05.95
Parish Church - Petricevac - 06.05.95
St. Anthony of Padua Church and Franciscan Monastery - Banja Luka - 07.05.95
Parish Church - Sergovac - 07.05.95
Village Church - Majdan - 08.05.95
Parish Church - Presnace - 12.05.95

38. In other areas, damage and destruction to places of worship has been widespread These sites include, but are not limited to the Aladza Mosque (Foca); the Sultan Selim Mosque (Doboj); the Church of St. Peter and St. Paul, the Obri Chapel and the Sevri-Hadzi Mosque (Mostar); the parish church (Novi Seher) and the Carsijska Mosque (Konjic). Bosnian Serb military and police forces failed to take reasonable and necessary measures to ensure that these religious sites were protected.

39. RADOVAN KARADZIC and RATKO MLADIC, individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the destruction of sacred sites or knew or had reason to know that subordinates were about to damage or destroy these sites or had done so and failed to take necessary and reasonable measures to prevent them from doing so or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 6: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (destruction or wilful damage to institutions dedicated to religion) as recognised by Articles 3(d), 7(1) and 7(3) of the Statute of the Tribunal.

COUNT 7
(EXTENSIVE DESTRUCTION OF PROPERTY)

40. After the take-over of Foca (8 April 1992), Bosanski Samac (17 April 1992), Vlasenica (21 April 1992), Prijedor (30 April 1992), Brcko (30 April 1992) and other municipalities in the Republic of Bosnia and Herzegovina, Bosnian Serb military and police forces and other elements over whom they had control, under the direction and control of RADOVAN KARADZIC and RATKO MLADIC, systematically destroyed, or permitted others to destroy, for no justifiable military reasons, Bosnian Muslim and Bosnian Croat businesses and residences in occupied cities and villages. The areas where extensive destruction occurred include those areas described in paragraph 29 of this indictment, which is incorporated in full herein.

41. RADOVAN KARADZIC and RATKO MLADIC, individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the extensive, wanton and unlawful destruction of Bosnian Muslim and Bosnian Croat property, not justified by military necessity or knew or had reason to know that subordinates were about to destroy or permit others to destroy the property of Bosnian Muslim or Bosnian Croat civilians or had done so and failed to take necessary and reasonable measures to prevent this destruction or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 7: a GRAVE BREACH as recognised by Articles 2(d) (destruction of property), 7(1) and 7(3) of the Statute of the Tribunal.

COUNTS 8-9
(APPROPRIATION AND PLUNDER OF PROPERTY)

42. As described in paragraphs 27-28 of this indictment, which are incorporated in full herein, Bosnian Serb military and police personnel and other agents of the Bosnian Serb administration, under the direction and control of RADOVAN KARADZIC and RATKO MLADIC, systematically appropriated and looted the real and personal property of Bosnian Muslim and Bosnian Croat civilians.

43. RADOVAN KARADZIC and RATKO MLADIC, individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the extensive, wanton and unlawful appropriation of real and personal property owned by Bosnian Muslim and Bosnian Croat civilians or knew or had reason to know that subordinates were about to appropriate real and personal property of Bosnian Muslim and Bosnian Croat civilians or had done so and failed to take necessary and reasonable measures to prevent this appropriation or to punish the perpetrators thereof.

By these acts and omissions, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 8: a GRAVE BREACH as recognised by Articles 2(d) (appropriation of property), 7(1) and 7(3) of the Statute of the Tribunal.

Count 9: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (plunder of public or private property) as recognised by Articles 3(e), 7(1) and 7(3) of the Statute of the Tribunal.

PART II

COUNTS 10-12
(SARAJEVO SNIPING)

44. Since 5 April 1992, the City of Sarajevo has been besieged by forces of the Bosnian Serb army. Throughout this siege, there has been a systematic campaign of deliberate targeting of civilians by snipers of the Bosnian Serb military and their agents. The sniping campaign has terrorised the civilian population of Sarajevo and has resulted in a substantial number of civilian casualties, killed and wounded, including women, children and elderly. Between 5 May 1992 and 31 May 1995, snipers have systematically, unlawfully and wilfully killed and wounded civilians in the area of Sarajevo, including but not limited to the following individuals:

KILLED

Children

Elma Jakupovic, age 2, at Jukiceva Street, No 17, on 20 July 1993
Elvedina Colic, age 4, at Kobilja Glava on 8 August 1993
Adnan Kasapovic', age 16, at Dj.A.Kuna Street on 24 October 1994
Nermina Omerovic, age 11, at Djure Danicica Street on 8 November 1994

Women

Almasa Konjhodzic, age 56, at the intersection of Kranjcevica and Brodska Streets on 27 June 1993
Sevda Kustura, age 50, at Spicasta Stijena on 5 August 1993
Sada Pohara, age 19, at Zarka Zgonjanina Street, No 13, on 30 August 1993
Saliha Comaga, age 38, at Mujkica Brdo, Ugorsko, on 8 September 1993
Edina Trto, age 25, at Ivana Krndelja Street on 26 September 1993
Hatema Mukanovic, age 38, at Obala 27 July 89 Street on 11 January 1994
Radmila Plainovic, age 51, at Vojvode Putnika Street on 7 February 1994
Lejla Bajramovic, age 24, at B. Boris Kidric Street, No 3, on 8 December 1994

Elderly

Hajrija Dizdarevic, age 66, at Ivo Kranjcevic' Street 11 on 17 July 1993
Marko Stupar, age 64, at Zmaja od Bosne No 64 Street on 12 January 1994
Fadil Zuko, age 63, at Stara Cesta Street, bb on 2 February 1994
Dragomir Culibrk, aged 61, at Prvomajska BB on 16 June 1994

Men

Adnan Mesihovic, age 34, at Hasana Brkica Street on 3 September 1993
Junuz Campara, age 59, at Milutin Djuraskovic Street on 6 September 1993
Augustin Vucic, age 57, at Ante Babica Street on 13th March 1994
Jasmin Podzo, age 23, at Mala Berkusa Street 10 on 4 March 1995

WOUNDED

Children

Boy, age 2, at Stara Cesta Street on 26 June 1993
Boy, age 12, at Kupalista swimming pool on 5 August 1993
Girl, age 9, at Kobilja Glava on 8 August 1993
Boy, age 14, at Dzemal Bijedic Street on 3 September 1993
Girl, age 8, at Ivana Krndelja Street on 3 September 1993
Boy, age 15, at X transverzale Street bb on 4 October 1993
Boy, age 13, at Donji Hotonj II Street on 10 November 1993
Boy, age 12, at Petra Drapsina Street on 28 November 1993
Boy, age 17, at Dzemala Bijedica Street on 10 January 1994
Boy, age 5, at Zmaja od Bosne Street on 19 June 1994
Girl, age 16, at Senada Mandica-Dende Street on 26 June 1994
Boy, age 13, at Miljenka Cvitkovica Street on 22 July 1994
Boy, age 7, at Zmaja od Bosne Street on 18 November 1994
Girl, age 13, at the cross-roads of Rogina and Sedrenik Streets on 22 November 1994
Boy, age 14, at Sedrenik Street on 6 March 1995

Women

Female, age 20, at Hotonj on 5 August 1993
Female, age 52, at Franca Rozmana Street on 6 August 1993
Female, age 55, at Spanskih Boraca Street 011 30 August 1993
Female, age 35, at Ivana Krndelja Street on 3 September 1993
Female, age 32, at Nikola Demonja/ Grada Bakua Street area on 6 January 1994
Female, age 46, at Olimpijska Street, No 15, on 18 January 1994
Female, age 42, at 21 Maj Street on 9 May 1994
Female, age 50, and female, age 62, at Nikole Demonje Street on 25 May 1994
Female, age 45, at Mojmilo Dobrinja Road on 13 June 1994
Female, age 46, at Zaim Imamovic Street, No 15 on 20 July 1994
Female, age 54, at Baruthana Street on 8 November 1994
Female, age 28, at Zmaja od Bosne Street on 9 November 1994
Female, age 28, at Zmaja od Bosne Street on 18 November 1994
Female, age 24, at Franca Lehara Street, No 3 on 8 December 1994
Female, age 49, at Sedrenik Street on 10 December 1994

Elderly

Female, age 71, at "Ciglane" Market on 17 September 1993
Female, age 72, at Nikole Demonje Street on 2 October 1993
Female, age 60, at Lovcenska Street on 7 December 1993
Male, age 63, at St Anto Babic on 13 March 1994
Male, age 62, at Omladinskih Radnih Brigada Street on 16 June 1994
Male, age 61, at Prvomajska BB on 16 June 1994
Male, age 67, at Senad Mandic Denda Street, on 17 July 1994
Male, age 63, at Sedrenik Street on 11 December 1994
Male, age 62, at Sedrenik Street on 13 December 1994
Female, age 73, at the intersection of Zmaja od Bosne and Muzejska Streets on 18 December 1994

Men

Male, age 36, at Trg of Zavnobih on 1 February 1993
Male, age 52, at Kobilja Glava on 25 June 1993
Male, age 29, at Stara Cesta Street on 7 October 1993
Male, age 50, and male, age 56, at Brace Ribara Street on 2 November 1993
Male, age 36, at Stara Cesta Street on 14 December 1993
Male, age 27, at Zmaja od Bosne Street on 19 June 1994
Male, age 20, male, age 27, male, age 39, and male, age 34, at Zmaja od Bosne Street on 9 November 1994
Male, age 29, at Sedrenik Street on 8 December 1994
Male, age 46, and male, age 33, at intersection of Franje Rackog and Marsala Tita Streets on 3 March 1995
Male, age 52, at Sedrenik Street on 6 March 1995

45. RADOVAN KARADZIC and RATKO MLADIC individually and in concert with others planned, ordered, instigated or otherwise aided and abetted in the planning, preparation or execution of the sniping of civilians or knew or had reason to know that subordinates were sniping civilians and failed to take necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

As to the deliberate attacks by sniper fire against the civilian population and individual civilians, which resulted in death and injury to said civilians, and acts and omissions related thereto, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 10: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (deliberate attack on the civilian population and individual civilians) as recognised by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

As to the killing by sniper fire of these civilians, among others, and acts and omissions related thereto, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 11: a CRIME AGAINST HUMANITY as recognised by Articles 5(a) (murder), 7(1) and 7(3) of the Statute of the Tribunal.

As to the wounding by sniper fire of these civilians, among others, and acts and omissions related thereto, RADOVAN KARADZIC and RATKO MLADIC committed:

Count 12: a CRIME AGAINST HUMANITY as recognised by Articles 5(i) (inhumane acts), 7(1) and 7(3) of the Statute of the Tribunal.

PART III

COUNTS 13-16
(HOSTAGES/HUMAN SHIELDS)

46. Between 26 May 1995 and 2 June 1995, Bosnian Serb military personnel, under the direction and control of RADOVAN KARADZIC and RATKO MLADIC, seized 284 UN peacekeepers in Pale, Sarajevo, Gorazde and other locations and held them hostage in order to prevent further North Atlantic Treaty Organisation (NATO) airstrikes. Bosnian Serb military personnel held the UN peacekeepers throughout their captivity by force or by the threat of force. In some instances, the UN hostages were assaulted. During and after protracted negotiations with Bosnian Serb leaders, the UN hostages were released in stages between 3 June 1995 and 19 June 1995.

47. After seizing UN peacekeepers in the Pale area, Bosnian Serb military personnel, under the direction and control of RADOVAN KARADZIC and RATKO MLADIC, immediately selected certain UN hostages to use as "human shields," including but not limited to Capt. Patrick A. Rechner (Canada), Capt. Oldrich Zidlik (Czech Republic) Captain Teterevsky (Russia), Maj. Abdul Razak Bello (Nigeria), Capt. Ahmad Manzoor (Pakistan) and Maj. Gunnar Westlund (Sweden). From on or about 26 May 1995 through 27 May 1995, Bosnian Serb military personnel physically secured or otherwise held the UN peacekeepers against their will at potential NATO air targets, including the ammunition bunkers at Jahorinski Potok, the Jahorina radar site and a nearby communications centre in order to render these locations immune from further NATO airstrikes. High level Bosnian Serb political and military delegations inspected and photographed the UN hostages who were handcuffed at the ammunition bunkers at Jahorinski Potok.

48. RADOVAN KARADZIC and RATKO MLADIC, individually and in concert with others planned, instigated, ordered or otherwise aided and abetted in the planning, preparation or execution of the taking of civilians, that is UN peacekeepers, as hostages and, additionally, using them as "human shields" and knew or had reason to know that subordinates were about to take and hold UN peacekeepers as hostages and about to use them as "human shields" or had done so and failed to take necessary and reasonable measures to prevent them from doing so or to punish the perpetrators thereof.

In regard to UN peacekeepers seized and held hostage between 26 May 1995 and 19 June 1995, RADOVAN KARADZIC and RATKO MLADIC, by their acts and omissions, committed:

Count 13: a GRAVE BREACH as recognised by Articles 2(h) (taking civilians as hostage), 7(1) and 7(3) of the Statute of the Tribunal.

Count 14: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (taking of hostages) as recognised by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal.

In regard to the UN peacekeepers used as "human shields" on 26 and 27 May 1995, RADOVAN KARADZIC and RATKO MLADIC, by their acts and omissions, committed:

Count 15: a GRAVE BREACH as recognised by Articles 2(b) (inhuman treatment), 7(1) and 7(3) of the Statute of the Tribunal.

Count 16: a VIOLATION OF THE LAWS OR CUSTOMS OF WAR (cruel treatment) as recognised by Articles 3, 7(1) and 7(3) of the Statute of the Tribunal

24 July 1995

/s/Richard J. Goldstone
Prosecutor