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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
Case No. IT-94-2-I
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
DRAGAN NIKOLIC
ALSO KNOWN AS "JENKI" NIKOLIC
INDICTMENT
Richard J. Goldstone, Prosecutor of the International Criminal Tribunal for the Former Yugoslavia ("the Tribunal") pursuant to his authority under Article 18 of the Statute of the International Criminal Tribunal for the former Yugoslavia ("The Statute of the Tribunal"), charges
Dragan Nikolic, also known as "Jenki" NIKOLIC. ("Dragan NIKOLIC"),
believed to be from the town of Vlasenica in the Opstina of Vlasenica, Republic of Bosnia-Herzegovina, within the territory of the former Yugoslavia, with:
Grave Breaches, of the Fourth Geneva Convention of 12 August 1949 Relative to the Protection of Civilian Persons in Time of War ("Geneva Convention") by committing prohibited acts against persons protected under the provisions of that Convention;
Violations of the Laws or Customs of War, including those recognized by Article 3 of the Fourth Geneva Convention of 12 August 1949 Relative to the Protection of Civilian Persons in Time of War ("Geneva Convention");
and
Crimes Against Humanity, being prohibited acts committed in armed conflict and directed against a civilian population;
all committed at a place known as the Susica Camp, near the town of Vlasenica in the Opstina of Vlasenica, Republic of Bosnia-Herzegovina in the territory of the former Yugoslavia ("Susica Camp");
all offences recognized by Articles 2, 3, and 5 of the Statute of the Tribunal,
as is more particularly set out in the concise statement of the facts and recital of the crimes, as follows:
1.1 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Durmo HANDZIC, a person protected by that Convention, an offence recognized by Article 2(a) of the Statute of the Tribunal.
1.2 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Durmo HANDZIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
1.3 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in the murder of Durmo HANDZIC, during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(a) of the Statute of the Tribunal.
2.1 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Asim ZILDZIC, a person protected by that Convention, an offence recognized by Article 2(a) of the Statute of the Tribunal.
2.2 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Asim ZILDZIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
2.3 From about 13 June 1992 to about 24 June 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in the murder of Asim ZILDZIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(a) of the Statute of the Tribunal.
3.1 From about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Mevludin HATUNIC, a person protected by that Convention, an offence recognized by Article 2(a) of the Statute of the Tribunal.
3.2 Alternatively, from about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the infliction of inhuman treatment, consisting of serious physical assaults, on Mevludin HATUNIC, a person protected by that Convention, an offence recognized by Article 2(b) of the Statute of the Tribunal.
3.3 From about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Mevludin HATUNIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
3.4 Alternatively, from about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the infliction of cruel treatment, consisting of serious physical assaults on Mevludin HATUNIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
3.5 From about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in the murder of Mevludin HATUNIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(a) of the Statute of the Tribunal.
3.6 Alternatively, from about 3 July 1992 to about 7 July 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in inhumane acts, consisting of serious physical assaults, on Mevludin HATUNIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(i) of the Statute of the Tribunal.
4.1 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Rasid FERHATBEGOVIC, a person protected by that Convention, an offence recognized by Articles 2(a) and 7(3) of the Statute of the Tribunal.
4.2 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Rasid FERHATBEGOVIC, a person protected by that Convention, an offence recognized by Articles 3 and 7(3) of the Statute of the Tribunal.
4.3 From about 19 June 1992 to about 26 June 1992 in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Crime against Humanity by participating in the murder of Rasid FERHATBEGOVIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Articles 5(a) and 7(3) of the Statute of the Tribunal.
5.1 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Dzevad SARIC, a person protected by that Convention, an offence recognized by Articles 2(a) and 7(3) of the Statute of the Tribunal.
5.2 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Dzevad SARIC, a person protected by that Convention, an offence recognized by Articles 3 and 7(3) of the Statute of the Tribunal.
5.3 From about 19 June 1992 to about 26 June 1992 in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Crime against Humanity by participating in the murder of Dzevad SARIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Articles 5(a) and 7(3) of the Statute of the Tribunal.
6.1 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Muharem KOLAREVIC, a person protected by that Convention, an offence recognized by Articles 2(a) and 7(3) of the Statute of the Tribunal.
6.2 From about 19 June 1992 to about 26 June 1992, in Susica Camp, DRAGAN NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Muharem KOLAREVIC, a person protected by that Convention, an offence recognized by Articles 3 and 7(3) of the Statute of the Tribunal.
6.3 From about 19 June 1992 to about 26 June 1992 in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Crime against Humanity by participating in the murder of Muharem KOLAREVIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Articles 5(a) and 7(3) of the Statute of the Tribunal
7.1 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of a person with the surname ZEKIC, a person protected by that Convention, an offence recognized by Articles 2(a) and 7(3) of the Statute of the Tribunal.
7.2 From about 19 June 1992 to about 26 June 1992, in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of a person with the surname ZEKIC, a person protected by that Convention, an offence recognized by Articles 3 and 7(3).
7.3 From about 19 June 1992 to about 26 June 1992 in Susica Camp, Dragan NIKOLIC, by being a superior responsible for the acts of a subordinate and by his own acts, committed a Crime against Humanity by participating in the murder of a person with the surname ZEKIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Articles 5(a) and 7(3) of the Statute of the Tribunal.
8.1 On or about 6 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful killing of Ismet DEDIC, a person protected by that Convention, an offence recognized by Article 2(a) of the Statute of the Tribunal
8.2 Alternatively, on or about 6 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the infliction of inhuman treatment, consisting of serious physical assaults, on Ismet DEDIC, a person protected by that Convention, an offence recognized by Article 2(b) of the Statute of the Tribunal.
8.3 On or about 6 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the murder of Ismet DEDIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
8.4 Alternatively, on or about 6 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the infliction of cruel treatment, consisting of serious physical assaults on Ismet DEDIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
8.5 On or about 6 July 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in the murder of Ismet DEDIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(a) of the Statute of the Tribunal.
8.6 Alternatively, on or about 6 July 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in inhumane acts, consisting of serious physical assaults, on Ismet DEDIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(i) of the Statute of the Tribunal.
9.1 From about 24 June 1992 to about 19 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the infliction of inhuman treatment, consisting of serious physical assaults, on Galib MUSIC a person protected by that Convention, an offence recognized by Article 2(b) of the Statute of the Tribunal.
9.2 From about 24 June 1992 to about 19 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the infliction of cruel treatment, consisting of serious physical assaults on Galib MUSIC, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
9.3 From about 24 June 1992 to about 19 July 1992, in Susica Camp, Dragan NIKOLIC committed a Crime against Humanity by participating in inhumane acts, consisting of serious physical assaults, on Galib MUSIC during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(i) of the Statute of the Tribunal
10.1 From about 1 June 1992 to about 18 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the torture, by use of a bayonet, of Fikret "Cice" ARNAUT, a person protected by that Convention, an offence recognized by Article 2(b) of the Statute of the Tribunal.
10.2 From about 1 June 1992 to about 18 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the torture, by use of a bayonet, of Fikret "Cice" ARNAUT, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal
10.3 From about 1 June 1992 to about 18 July 1992, in Susica camp, Dragan NIKOLIC committed a Crime against Humanity by participating in the torture, by use of a bayonet, of Fikret "Cice" ARNAUT during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(f) of the Statute of the Tribunal.
11.1 From about 1 June 1992 to about 18 July 1992, in Susica Camp, Dragan NIKOLIC committed a Grave Breach of the Geneva Convention by participating, during a period of armed conflict or occupation, in the wilful causing of great suffering, inflicted as a result of serious physical assaults, to Fikret "Cice" ARNAUT, a person protected by that Convention, an offence recognized by Article 2 (c) of the Statute of the Tribunal.
11.2 From about 1 June 1992 to about 18 July 1992, in Susica Camp, Dragan NIKOLIC violated the Laws or Customs of War, contrary to Article 3(1)(a) of the Geneva Convention, by participating during a period of armed conflict in the cruel treatment, inflicted as a result of serious physical assaults, of Fikret "Cice" ARNAUT, a person protected by that Convention, an offence recognized by Article 3 of the Statute of the Tribunal.
11.3 From about 1 June 1992 to about 18 July 1992, in Susica Camp, Dragan NIKOLlC committed a Crime against Humanity by participating in inhumane acts, consisting of serious physical assaults, of Fikret "Cice" ARNAUT during a period of armed conflict and as part of a widespread or systematic attack directed against a civilian population, an offence recognized by Article 5(i) of the Statute of the Tribunal.