Landzo Closing Brief Esad Landzo’s Amended Final Submission and
Motion for Acquittal, Case No. IT-96-21-T, 31 Aug. 1998 (RP D9022-D9204).
Landzo Pre-Trial Brief Pre-Trial Brief of Esad Landzo and Response to
Prosecutor’s Pre-Trial Brief, Case No. IT-96-21-PT, 3 March 1997
(RP D2898-D2912).
Law Reports Law Reports of Trials of War Criminals (London: Published
for the United Nations War Crimes Commission by His Majesty’s stationary office).
Medical Case United States v. Karl Brandt and others,
Vol. II, Trials of War Criminals before the Nürnburg Military Tribunals under Control
Council Law No. 10 (U.S. Govt. Printing Office: Washington 1950) 186.
Meron T. Meron - Classification of Armed Conflict in the Former
Yugoslavia: Nicaragua’s Fallout, 92 American Journal of International Law 236 (1998).
Motion to Dismiss Defendants’ Motion for Judgment of Acquittal or
in the alternative Motion to Dismiss the Indictment at the Close of the Prosecutors’s
Case, Case No. IT-96-21-T, 20 February 1998 (RP D5503-D5724).
Mucic Closing Brief Defendant Zdravko Mucic’s Final Submission,
Case No. IT-96-21-T, 28 Aug. 1998 (RP D8093-D8178).
Mucic Pre-Trial Brief Pre-Trial Brief of the Accused Zdravko Mucic,
Case No. IT-96-21-PT, 3 March 1997 (RP D2914-D2922).
Munich Statements: Zejnil Delalic pre-trial statements.
MUP Ministry of the Interior in Konjic police forces.
Nationality and Internationality B. Brown - Nationality and
Internationality in International Humanitarian Law, 34 Stanford Journal of International
Law 347 (1998).
Nicaragua Case Case Concerning Military and Paramilitary
Activities in and against Nicaragua (Nicaragua v. U.S.) (Merits) 1986 I.C.J.
Reports, 14.
Northern Ireland Case Case of Republic of Ireland v. United
Kingdom, 2 European Human Rights Reports 25, 1979-80.
Nowak Commentary Nowak - UN Covenant on Civil and Political Rights,
CCPR Commentary (1993).
Official Records Official Records of the Diplomatic Conference on the
Reaffirmation and Development of International Humanitarian Law Applicable in Armed
Conflicts (Swiss Federal Political Department: Bern 1978).
Oppenheim Jennings and Watts (eds.) - Oppenheim’s International
Law, 9th edition, Volume I (London, 1992).
Prosecution Office of the Prosecutor.
Prosecution Closing Brief Closing Statement of the Prosecution, Case
No. IT-96-21-T, 25 August 1998 (RP D7610-D8082).
Prosecution Response to the
Motion to Dismiss Prosecution’s Response to Defendant’s
Motion for Judgement on Acquittal or in the alternative Motion to Dismiss the Indictment
at the Close of the Prosecutor’s Case, Case No. IT-96-21-T, 6 March 1998 (RP
D5759-D5861).
Prosecution Response to the
Pre-Trial Briefs of the Accused Prosecutor’s Response to the
Pre-Trial Brief of the Accused, Case No. IT-96-21-T, 18 April 1997 (RP D3311-D3363).
Prosecution Pre-Trial Brief The Prosecutor’s Pre-Trial Brief, Case
No. IT-96-21-PT, 24 February 1997 (RP D2823-D2850).
Reply on the Motion to Dismiss Reply of Defendants Delalic, Delic and
Landzo to Prosecution’s Response to Defendants’ Motion for Judgement of
Acquittal, or in the alternative, Motion to Dismiss the Indictment at the Close of the
Prosecutor’s Case, Case No. IT-96-21-T, 10 March 1998 (RP D5866-D5922).
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Report of the Special Rapporteur Torture and other Cruel, Inhuman or
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International Law (2nd Edition Clarendon Press, Oxford) forthcoming 1998.
Rome Statute of the Rome Statute, The International Criminal Court, 17
July 1998
International Criminal Court A/CONF.183/9.
Rules Rules of Procedure and Evidence of the International Tribunal.
SAO Serbian autonomous region.
SDA Muslim Party of Democratic Action.
SDS Serbian Democratic Party.
SRBH Serbian Republic of Bosnia and Herzegovina.
SFRY The Socialist Federal Republic of Yugoslavia.
SRFY Penal Code Criminal Code of the Socialist Federal Republic of
Yugoslavia, adopted by the SFRY Assembly at the session of the Federal Council held on
September 28, 1976 (Unofficial translation on file with the Tribunal Library).
Statute Statute of the International Tribunal.
T. Transcript of trial proceedings in Prosecutor v. Delalic et al,
Case No. IT-96-21-T. All transcript page numbers referred to in the course of the
Judgement are from the unofficial, uncorrected version of the English transcript. Minor
differences may therefore exist between the pagination therein and that of the final
English transcript released to the public.
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TG 1 Tactical Group 1.
TO Territorial Defence forces.
Tokyo Trial Official Transcript The Complete Transcripts of the
Proceedings in the International Military Tribunal for the Far East, reprinted in
R. John Pritchard and Sonia Magbanua Zaide (eds.), The Tokyo War Crimes Trial
(Garland Publishing: New York and London 1981).
Tokyo Tribunal International Military Tribunal for the Far East.
Torture Convention Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the United Nations General Assembly on 10
December 1984 and entered into force on 26 June 1987.
Tunnel 9 A tunnel extending approximately 30 metres on a downwards
slope, with a width of 1.5 metres and a height of 2.5 metres in the Celebici prison-camp.
TWC Trials of War Criminals before the Nuernburg Military Tribunals
under Control Council Law No. 10 (U.S. Govt. Printing Office: Washington 1950).
UNHCR United Nations High Commissioner for Refugees.
UNPROFOR United Nations Protection Force.
Vejzagic Report Expert Report of Brigadier Mohammed Vejzagic, admitted
into evidence as Exhibit D143-1a/1.
Venice Commission European Commission for Democracy through Law.
VJ Army of the Federal Republic of Yugoslavia.
VRS Army of the Serbian Republic of Bosnia and Herzegovina/Republika
Srpska.
ANNEX B – The Indictment
THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA
THE PROSECUTOR
OF THE TRIBUNAL
CASE NO.: IT-96-21
AGAINST
ZEJNIL DELALIC
ZDRAVKO MUCIC, also known as "PAVO"
HAZIM DELIC
ESAD LANDZO, also known as "ZENGA"
The Prosecutor of the International Criminal Tribunal for the former
Yugoslavia, pursuant to his authority under Article 18 of the Statute of the Tribunal,
charges:
ZEJNIL DELALIC, ZDRAVKO MUCIC, HAZIM DELIC and ESAD LANDZO with GRAVE
BREACHES OF THE GENEVA CONVENTIONS and VIOLATIONS OF THE LAWS AND CUSTOMS OF WAR, as set
forth below.
BACKGROUND
1. The Konjic municipality is located in central Bosnia and
Herzegovina. In the 1991 census, the population of Konjic municipality, which includes
Konjic town and surrounding villages including Celebici, was approximately 45,000 persons,
with the ethnic distribution being approximately 55% Muslim, 26% Croatian, and 15%
Serbian. Konjic was of significance because it contained a large factory for arms and
ammunition, as well as several military facilities, and because it was a transportation
link between Mostar and Sarajevo.
2. Beginning in the latter part of May 1992, forces consisting of
Bosnian Muslims and Bosnian Croats attacked and took control of those villages containing
predominantly Bosnian Serbs within and around the Konjic municipality. The attackers
forcibly expelled Bosnian Serb residents from their homes, and held them at collection
centres. Many of the women and children were confined in a local school or in other
locations. Most of the men and some women were taken to a former JNA facility in Celebici,
hereafter referred to as the Celebici camp. There, the detainees were killed, tortured,
sexually assaulted, beaten, and otherwise subjected to cruel and inhuman treatment. The
majority of detainees were confined at Celebici from approximately May 1992 until
approximately October of 1992, though some remained until December 1992. Detention
facilities within the camp included a tunnel, a hangar, and an administration building.
After their confinement in Celebici, the majority of the detainees were moved to other
detention camps, where they were imprisoned for periods of up to 28 months.
THE ACCUSED
3. Zejnil DELALIC, born 25 March 1948, co-ordinated activities of the
Bosnian Muslim and Bosnian Croat forces in the Konjic area from approximately April 1992
to at least September 1992 and was the Commander of the First Tactical Group of the
Bosnian Muslim forces from approximately June 1992 to November 1992. His responsibilities
included authority over the Celebici camp and its personnel.
4. Zdravko MUCIC, also known as "Pavo", born 31 August 1955,
was commander of Celebici camp from approximately May 1992 to November 1992.
5. Hazim DELIC, born 13 May 1964, was deputy commander of Celebici camp
from approximately May 1992 to November 1992. After the departure of Zdravko MUCIC in
approximately November 1992, DELIC became commander of Celebici camp until it closed in
approximately December 1992.
6. Esad LANDZO, also known as "Zenga", born 7 March 1973, was
a guard at Celebici camp from approximately May 1992 to December 1992.
SUPERIOR AUTHORITY
7. The accused Zejnil DELALIC, Zdravko MUCIC and Hazim DELIC had
responsibility for the operation of Celebici camp and were in positions of superior
authority to all camp guards and to those other persons who entered the camp and
mistreated detainees. Zejnil DELALIC, Zdravko MUCIC and Hazim DELIC knew or had reason to
know that their subordinates were mistreating detainees, and failed to take the necessary
and reasonable measures to prevent such acts or to punish the perpetrators. By failing to
take the actions required of a person in superior authority, Zejnil DELALIC, Zdravko MUCIC
and Hazim DELIC are responsible for all the crimes set out in this indictment, pursuant to
Article 7(3) of the Statute of the Tribunal.
8. Hazim DELIC is also or alternatively individually responsible for
certain crimes set out in the indictment because of his direct participation in individual
acts specifically identified below, pursuant to Article 7(1) of the Statute of the
Tribunal.
GENERAL ALLEGATIONS
9. At all times relevant to this indictment, a state of international
armed conflict and partial occupation existed in Bosnia and Herzegovina, in the territory
of the former Yugoslavia.
10. All acts or omissions herein set forth as grave breaches of the
Geneva Conventions of 1949 (hereafter "grave breaches"), punishable under
Article 2 of the Statute of the Tribunal occurred during that international armed conflict
and partial occupation.
11. At all times relevant to this indictment, the accused were required
to abide by the laws and customs governing the conduct of war, including Common Article 3
of the Geneva Conventions of 1949.
12. In each paragraph charging torture, the acts were committed by, or
at the instigation of, or with the consent of, an official 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.
13. All of the victims referred to in the charges contained in this
indictment were at all relevant times detainees in Celebici camp and were persons
protected by the Geneva Conventions of 1949.
14. All acts described in the paragraphs below occurred in the Celebici
camp in the Konjic municipality.
15. The allegations contained in paragraphs seven to fourteen are
realleged and incorporated into each of the relevant charges set out below.
CHARGES
COUNTS 1 AND 2
Killing of [cepo GOTOVAC
16. Sometime around the latter part of June 1992, Hazim DELIC, Esad
LANDZO and others selected [cepo GOTOVAC, aged between 60 and 70 years. Hazim DELIC, Esad
LANDZO and others then beat [cepo GOTOVAC for an extended period of time and nailed an SDA
badge to his forehead. [cepo GOTOVAC died soon after from the resulting injuries. By their
acts and omissions, Hazim DELIC and Esad LANDZO are responsible for:
Count 1. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 2. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 3 AND 4
Killing of Zeljko MILOCEVIC
17. Sometime around the middle of July 1992 and continuing for several
days, Zeljko MILO[EVIC was repeatedly and severely beaten by guards. Sometime around 20
July 1992, Hazim DELIC selected Zeljko MILO[EVIC and brought him outside where Hazim DELIC
and others severely beat him. By the next morning, Zeljko MILO[EVIC had died from his
injuries. By his acts and omissions, Hazim DELIC is responsible for:
Count 3. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 4. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 5 AND 6
Killing of Simo JOVANOVIC
18. Sometime in July 1992 in front of a detention facility, a group
including Hazim DELIC and Esad LANDZO over an extended period of time severely beat Simo
JOVANOVIC. Esad LANDZO and another guard then brought Simo JOVANOVIC back into the
detention facility. He was denied medical treatment and died from his injuries almost
immediately thereafter. By their acts and omissions, Hazim DELIC and Esad LANDZO are
responsible for:
Count 5. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 6. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 7 AND 8
Killing of Bosko SAMOUKOVIC
19. Sometime in July 1992, Esad LANDZO beat a number of detainees from
Bradina with a wooden plank. During the beatings, Esad LANDZO repeatedly struck Bosko
SAMOUKOVIC, aged approximately 60 years. After Bosko SAMOUKOVIC lost consciousness from
the blows, he was taken out of the detention facility and he died soon after from his
injuries. By his acts and omissions, Esad LANDZO is responsible for:
Count 7. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 8. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 9 AND 10
Killing of person with surname MILJANIC
[Withdrawn 21 April 1997]
20. Sometime around the latter part of July 1992, Esad LANDZO entered a
detention facility and selected a detainee with the surname MILJANIC, aged between 60 and
70 years. Esad LANDZO then used a baseball bat to beat the detainee to death. By his acts
and omissions, Esad LANDZO is responsible for:
Count 9. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 10. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 11 AND 12
Killing of Slavko [U[IC
21. Sometime around the latter part of July, or in August 1992, a group
including Hazim DELIC and Esad LANDZO repeatedly selected Slavko [U[IC for severe
beatings. Hazim DELIC, Esad LANDZO and others beat Slavko [U[IC with objects, including a
bat and a piece of cable. They also tortured him using objects including pliers, lit
fuses, and nails. After being subjected to this treatment for several days, Slavko SUSIC
died from his injuries. By their acts and omissions, Hazim DELIC and Esad LANDZO are
responsible for:
Count 11. A Grave Breach punishable under Article 2(a)(wilful killing)
of the Statute of the Tribunal; and
Count 12. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murder) of the
Geneva Conventions.
COUNTS 13 AND 14
Responsibility of Superiors for Murders
22. With respect to the murders committed in Celebici camp, including:
the murder in June 1992 of Milorad KULJANIN, who was shot by guards, one of whom said they
wished a sacrifice for the Muslim festival of Bairaim; the murder of Zeljko CECEZ, who was
beaten to death in June or July 1992; the murder of Slobodan BABIC, who was beaten to
death in June 1992; the murder of Petko GLIGOREVIC, who was beaten to death in the latter
part of May 1992; the murder of Gojko MILJANIC, who was beaten to death in the latter part
of May 1992; the murder of Zeljko KLIMENTA, who was shot and killed during the latter part
of July 1992; the murder of Miroslav VUJICIC, who was shot on approximately 27 May 1992;
the murder of PERO MRKAJIC, who was beaten to death in July 1992; and including all the
murders described above in paragraphs sixteen to twenty-one, Zejnil DELALIC, Zdravko MUCIC
and Hazim DELIC knew or had reason to know that their subordinates were about to commit
those acts or had done so, and failed either to take the necessary and reasonable steps to
prevent those acts or to punish the perpetrators. With respect to those counts above where
Hazim DELIC is charged as a direct participant, he is also charged here as a superior. By
their acts and omissions, Zejnil DELALIC, Zdravko MUCIC, and Hazim DELIC are responsible
for:
Count 13. A Grave Breach punishable under Article 2(a)(wilful killings)
of the Statute of the Tribunal; and
Count 14. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(murders) of the
Geneva Conventions.
COUNTS 15 TO 17
Torture of Momir KULJANIN
23. Sometime beginning around 25 May 1992 and continuing until the
beginning of September 1992, Hazim DELIC, Esad LANDZO and others repeatedly and severely
beat Momir KULJANIN. The beatings included being kicked to unconsciousness, having a cross
burned on his hand, being hit with shovels, being suffocated, and having an unknown
corrosive powder applied to his body. By their acts and omissions, Hazim DELIC and Esad
LANDZO are responsible for:
Count 15. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 16. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 17. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 18 TO 20
Torture and Rape of Grozdana CECEZ
24. Sometime beginning around 27 May 1992 and continuing until the
beginning of August 1992, Hazim DELIC and others subjected Grozdana CECEZ to repeated
incidents of forcible sexual intercourse. On one occasion, she was raped in front of other
persons, and on another occasion she was raped by three different persons in one night. By
his acts and omissions, Hazim DELIC is
responsible for:
Count 18. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 19. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 20. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 21 TO 23
Torture and Rape of Witness A
25. Sometime beginning around 15 June 1992 and continuing until the
beginning of August 1992, Hazim DELIC subjected a detainee, here identified as Witness A,
to repeated incidents of forcible sexual intercourse, including both vaginal and anal
intercourse. Hazim DELIC raped her during her first interrogation and during the next six
weeks, she was raped every few days. By his acts and omissions, Hazim DELIC is responsible
for:
Count 21. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 22. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 23. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 24 TO 26
Torture of Spasoje MILJEVIC
26. Sometime beginning around 15 June 1992 and continuing until August
1992, Hazim DELIC, Esad LANDZO and others mistreated Spasoje MILJEVIC on multiple
occasions by placing a mask over his face so he could not breath, by placing a heated
knife against parts of his body, by carving a Fleur de Lis on his palm, by forcing him to
eat grass, and by severely beating him using fists, feet, a metal chain, and a wooden
implement. By their acts and omissions, Hazim DELIC and Esad LANDZO are responsible for:
Count 24. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 25. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 26. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 27 TO 29
Torture of Mirko BABIC
27. Sometime around the middle of July 1992, Hazim DELIC, Esad LANDZO
and others mistreated Mirko BABIC on several occasions. On one occasion, Hazim DELIC, Esad
LANDZO, and others placed a mask over the head of Mirko BABIC and then beat him with blunt
objects until he lost consciousness. On another occasion, Esad LANDZO burned the leg of
Mirko BABIC. By their acts and omissions, Hazim DELIC and Esad LANDZO are responsible for:
Count 27. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 28. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 29. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 30 TO 32
Torture of Mirko DORDIC
28. Sometime around the beginning of June 1992 and continuing to the
end of August 1992, Esad LANDZO subjected Mirko DORDIC to numerous incidents of
mistreatment, which included beating him with a baseball bat, forcing him to do push-ups
while being beaten, and placing hot metal pincers on his tongue and in his ear. By his
acts and omissions, Esad LANDZO is responsible for:
Count 30. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 31. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 32. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 33 TO 35
Responsibility of Superiors for Acts of Torture
29. With respect to the acts of torture committed in Celebici camp,
including placing Milovan KULJANIN in a manhole for several days without food or water,
and including those acts of torture described in paragraphs twenty-three to twenty-eight,
Zejnil DELALIC, Zdravko MUCIC, and Hazim DELIC knew or had reason to know that
subordinates were about to commit those acts or had done so, and failed either to take the
necessary and reasonable steps to prevent those acts or to punish the perpetrators. With
respect to those counts above where Hazim DELIC is charged as a direct participant, he is
also charged here as a superior. By their acts and omissions, Zejnil DELALIC, Zdravko
MUCIC, and Hazim DELIC are responsible for:
Count 33. A Grave Breach punishable under Article 2(b) (torture) of the
Statute of the Tribunal;
Count 34. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(torture) of the
Geneva Conventions; or alternatively
Count 35. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 36 AND 37
Causing Great Suffering or Serious Injury to Nedeljko DRAGANIC
30. Sometime beginning around the end of June 1992 and continuing until
August 1992, Esad LANDZO and others repeatedly mistreated Nedeljko DRAGANIC by tying him
to a roof beam and beating him, by striking him with a baseball bat, and by pouring
gasoline on his trousers, setting them on fire and burning his legs. By his acts and
omissions, Esad LANDZO is responsible for:
Count 36. A Grave Breach punishable under Article 2(c) (wilfully
causing great suffering or serious injury) of the Statute of the Tribunal; and
Count 37. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 38 AND 39
Responsibility of Superiors for Causing Great Suffering or Serious
Injury
31. With respect to the acts causing great suffering committed in
Celebici camp, including the severe beatings of Mirko KULJANIN and Dragan KULJANIN, the
placing of a burning fuse cord around the genital areas of Vukasin MRKAJIC and Dusko
BENDO, and including those acts causing great suffering or serious injury described above
in paragraph thirty, Zejnil DELALIC, Zdravko MUCIC, and Hazim DELIC knew or had reason to
know that subordinates were about to commit those acts or had done so, and failed either
to take the necessary and reasonable steps to prevent those acts or to punish the
perpetrators. With respect to those counts above where Hazim DELIC is charged as a direct
participant, he is also charged here as a superior. By their acts and omissions, Zdravko
MUCIC and Hazim DELIC are responsible for:
Count 38. A Grave Breach punishable under Article 2(c) (wilfully
causing great suffering or serious injury) of the Statute of the Tribunal; and
Count 39. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3((1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 40 AND 41
Causing Great Suffering or Serious Injury to Miroslav BOZIC
[Withdrawn 19 January 1998]
32. On approximately 1 December 1992, after having been accused earlier
that day by Hazim DELIC of belonging to an enemy military unit, Miroslav BOZIC was
selected and then severely beaten by a group of guards for approximately 30 minutes. Hazim
DELIC, who was then Commander of Celebici camp, observed the beating, and at one point
after initially stating that Miroslav BOZIC could return to his cell, Hazim DELIC ordered
him back against the wall, where the beating by the guards continued for another ten
minutes. In addition to his responsibility as a direct participant in this incident, Hazim
DELIC knew or had reason to know that persons in positions of subordinate authority to him
were about to commit those acts, or had already committed those acts, and failed either to
take the necessary and reasonable steps to prevent those acts or to punish the
perpetrators after the acts had been committed. He is also charged as a superior. By his
acts and omissions, Hazim DELIC is responsible for:
Count 40. A Grave Breach punishable under Article 2(c) (wilfully
causing great suffering or serious injury) of the Statute of the Tribunal; and
Count 41. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a)(cruel
treatment) of the Geneva Conventions.
COUNTS 42 AND 43
Inhumane Acts Involving the Use of Electrical Device
33. Sometime beginning around 30 May 1992 and continuing until the
latter part of September 1992, Hazim DELIC used a device emitting electrical current to
inflict pain on many detainees, including Milenko KULJANIN and Novica DORDIC. By his acts
and omissions, Hazim DELIC is responsible for:
Count 42. A Grave Breach punishable under Article 2(b)(inhuman
treatment) of the Statute of the Tribunal; and
Count 43. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel
treatment) of the Geneva Conventions.
COUNTS 44 AND 45
Responsibility of Superiors for Inhumane Acts
34. With respect to the incidents of inhumane acts committed in
Celebici camp, including forcing persons to commit fellatio with each other, forcing a
father and son to slap each other repeatedly, and including those acts described above in
paragraph thirty-three, Zejnil DELALIC, Zdravko MUCIC, and Hazim DELIC knew or had reason
to know that subordinates were about to commit those acts or had done so, and failed
either to take the necessary and reasonable steps to prevent those acts or to punish the
perpetrators. With respect to those counts above where Hazim DELIC is charged as a direct
participant, he is also charged here as a superior. By their acts and omissions, Zejnil
DELALIC, Zdravko MUCIC, and Hazim DELIC are responsible for:
Count 44. A Grave Breach punishable under Article 2(b)(inhuman
treatment) of the Statute of the Tribunal; and
Count 45. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel
treatment) of the Geneva Conventions.
COUNTS 46 AND 47
Inhumane Conditions
35. Between May and October 1992, the detainees at Celebici camp were
subjected to an atmosphere of terror created by the killing and abuse of other detainees
and to inhumane living conditions by being deprived of adequate food, water, medical care,
as well as sleeping and toilet facilities. These conditions caused the detainees to suffer
severe psychological and physical trauma. Zdravko MUCIC, Hazim DELIC and Esad LANDZO
directly participated in creating these conditions. Zejnil DELALIC, Zdravko MUCIC, and
Hazim DELIC also knew or had reason to know that persons in positions of subordinate
authority to them were about to commit those acts resulting in the inhumane conditions, or
had already committed those acts, and failed either to take the necessary and reasonable
steps to prevent those acts or to punish the perpetrators after the acts had been
committed. By their acts and omissions, Zejnil DELALIC, Zdravko MUCIC, Hazim DELIC, and
Esad LANDZO are responsible for:
Count 46. A Grave Breach punishable under Article 2(c)(wilfully causing
great suffering) of the Statute of the Tribunal; and
Count 47. A Violation of the Laws or Customs of War punishable under
Article 3 of the Statute of the Tribunal and recognised by Article 3(1)(a) (cruel
treatment) of the Geneva Conventions.
COUNT48
Unlawful Confinement of Civilians
36. Between May and October 1992, Zejnil DELALIC, Zdravko MUCIC, and
Hazim DELIC participated in the unlawful confinement of numerous civilians at Celebici
camp. Zejnil DELALIC, Zdravko MUCIC, and Hazim DELIC also knew or had reason to know that
persons in positions of subordinate authority to them were about to commit those acts
resulting in the unlawful confinement of civilians, or had already committed those acts,
and failed either to take the necessary and reasonable steps to prevent those acts or to
punish the perpetrators after the acts had
been committed. By their acts and omissions, Zejnil DELALIC, Zdravko
MUCIC, and Hazim DELIC are responsible for:
Count 48. A Grave Breach punishable under Article 2(g)(unlawful
confinement of civilians) of the Statute of the Tribunal.
COUNT 49
Plunder of Private Property
37. Between May and September 1992, Zdravko MUCIC and Hazim DELIC
participated in the plunder of money, watches and other valuable property belonging to
persons detained at Celebici camp. Zdravko MUCIC and Hazim DELIC also knew or had reason
to know that persons in positions of subordinate authority to them were about to commit
those acts resulting in the plunder of private property, or had already committed those
acts, and failed either to take the necessary and reasonable steps to prevent those acts
or to punish the perpetrators after the acts had been committed. By their acts and
omissions, Zdravko MUCIC, and Hazim DELIC are responsible for:
Count 49. A Violation of the Laws or Customs of War punishable under
Article 3(e)(plunder) of the Statute of the Tribunal.
Richard J Goldstone
19 March 1996 Prosecutor
Document Style by
Dr S D Stein