FIRST REPORT ON THE WAR CRIMES IN THE FORMER YUGOSLAVIA

"Submission of Information to the United Nations Security Council in Accordance With Paragraph 5 of Resolution 771 (1992)," September 22, 1992.


Introduction

In paragraph 5 of Resolution 771 (1992), the United Nations Security Council called upon States and international humanitarian organizations to collate substantiated information in their possession or submitted to them relating to the violation of humanitarian law, including grave breaches of the Geneva Conventions, being committed in the territory of the former Yugoslavia and to make this information available to the Council. This report is in response to that request. Paragraph 1 of the Resolution 771 reaffirms that all parties to the conflict in the territory of former Yugoslavia are bound to comply with their obligations under international humanitarian law and in particular the Geneva Conventions of 12 August 1949, and that persons who commit or order the commission of grave breaches of the Conventions are individually responsible in respect of such breaches. Paragraph 2 of the Resolution strongly condemns any violations of international humanitarian law, including those involved in the practice of "ethnic cleansing." The third preambular paragraph of the resolution lists some of the violations of the international humanitarian law in the territory of the former Yugoslavia that have been reported:

"... mass forcible expulsions and deportation of civilians, imprisonment and abuse of civilians in detention centers, deliberate attacks on non-combatants, hospitals and ambulances, impeding the delivery of food and medical supplies to the civilian population, and wanton devastation and destruction of property."

In collating substantiated information on violations of humanitarian law pursuant to paragraph 5 of Resolution 771, the United States has focused on the violations identified in the Resolution and other grave breaches as defined in Article 147 of the Fourth Geneva Convention (Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949). Consequently the information contained in this report is categorized in accordance with the list of reported violations contained in Resolution 771 as quoted above and the other grave breaches listed in article 147 of the Fourth Geneva Convention that do not correspond to those mentioned in Resolution 771 (i.e., willful kiling; torture or inhuman treatment; compelling a civilian or prisoner of war to serve in the forces of a hostile power; willfully depriving a civilian or a prisoner of war [of] the rights of fair or regular trial; and hostage taking).

The discrete incidents reported herein contain indications that they are part of a systematic campaign toward a single objective - the creation of an ethnically "pure" state. We have not identified "ethnic cleansing," which is condemned in paragraph 2 Resolution 771, as a separate category of violations. Nevertheless the rubric of ethnic cleansing may unite events that appear unconnected and might therefore prove useful in identifying persons and institutions that may be responsible for violations of established international humanitarian law.

The United States has obtained the information in our report from a variety of sources, including eyewitness accounts reported to the United States. Because Resolution 771 calls upon international humanitarian organizations also to submit the substantiated information in their possesion to the Council, the United States has mentioned but has not summarized the reports it has received from such organizations. Because press reports are [a] matter of public knowledge and often are hearsay, the United States has decribed only such media reports in which reporter stated that he/she personally witnessed violations of international humanitarian law. The United States has provided the most reliable information available to us and has relied to the extent possible on eyewitness accounts. Dates at the left margin of the attached report refer to approximated dates of incidents.

For the convenience of the Security Council, we have attached several relevant reports of the situation in the former Yugoslavia. The United States will, as appropriate, submit supplemental reports when additional information comes into its possesion. FORMER YUGOSLAVIA: GRAVE BREACHES OF THE FOURTH GENEVA CONVENTION


WILLFUL KILLING

(1) 25 August 92:

(2) 24 August 92:

(3) 24 July 92:

(4) 8 July 92:

(5) July 92:

(6) 17 June 92:

(7) June 92:

(8) 27 May 92:

(9) 26 May 92:

(10) 2-22 May:

(11) 21 May 92:

(12) 18 May 92:

(13) 16 May - 14 July 92:

(14) 7 May 92:

(15) 7 May 92:

(16) 2 May 92:

(17) May 92:

(18) May 92:

(19) 10 April 92:


TORTURE OF PRISONERS

(20) 6 August 92:

(21) July 92:

(22) June-July 92:

(23) March-May 92:


Abuse of Civilians in Detention Centers

(24) 1 September 92:

(25) 30-31 August 92:

(26) 14 August 92:

(27) August 92:

(28) August 92:

(29) 15 July 92:

(30) 26 May-26 June 92:


Deliberate Attacks on Non-Combatants

(31) August- 8 September 92:

(32) 6 September 92:

(33) 5 September 92:

(34) 3 September 92:


Wanton Devastation and Destruction of Property

(35) 4 September 92:

(36) August 92:

(37) June 92:

(38) 26 May 92:

(39) April 92:

(40) March-July 92:


Other, Including Mass Forcible Expulsion and Deportation of Civilians

(41) 3 September 92:

(42) 1 September 92:

(43) 24 August 92:

(44)q 20 August 92:

(45) 4 August 92:

(46)q 2 August 92:

(47) 8 July 92:

(48) 24 June 92:

(49) 9 June 92:

(50) 4 June 92:

(51) 2 June 92:

(52) 17 March 92:


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