26232 the international criminal tribunal for the...

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No. IT-05-88-T IN THE TRIAL CHAMBER Before: Judge Carmel Agius, Presiding Judge O-Gon Kwon Judge Kimberly Prost Judge Ole Bjørn Støle Acting Registrar: Mr John Hocking Date Filed: 15 January 2009

THE PROSECUTOR v.

VUJADIN POPOVIC LJUBISA BEARA DRAGO NIKOLIC

LJUBOMIR BOROVCANIN RADIVOJE MILETIC

MILAN GVERO VINKO PANDUREVIC

PUBLIC

SECOND BOROVCANIN DEFENCE MOTION FOR ADMISSION OF DOCUMENTS

The Office of the Prosecutor: Mr Peter McCloskey Counsel for the Accused: Mr Zoran Zivanovic and Ms Mira Tapuskovic for Vujad in Popovic Mr John Ostojic and Mr Predrag Nikolic for Ljubisa Beara Ms Jelena Nikolic and Mr Stéphane Bourgon for Drago Nikolic Mr Aleksandar Lazarevic and Mr Christopher Gosnell for Ljubomir Borovcanin Ms Natacha Fauveau-Ivanovic and Mr Nenad Petrusic for Radivoje Miletic Mr Dragan Krgovic and Mr David Josse for Milan Gvero Mr Peter Haynes QC and Mr Djordje Sarapa for Vinko Pandurevic

26232IT-05-88-TD 26232 - D 2618715 January 2009 PvK

IT-05-88-T 15 January 2009 2

SECOND BOROVCANIN DEFENCE MOTION FOR

ADMISSION OF DOCUMENTS

I INTRODUCTION

1. The Borovcanin Defence requests the admission of eighty-eight documents “from

the bar table”, as identified in Annex A of this Motion. The documents are

relevant and probative as required by Rule 89(C). Three of the documents

(4D645, 4D646 and 4D647) were not previously listed on the Rule 65ter list;

leave is, therefore, requested for addition of those documents to its Rule 65ter list,

as well as their admission.

II DISCUSSION

(i) Tendering Documents from the Bar Table is an Accepted Practice

2. Admission of documents by written procedure is a well-established feature of

proceedings at the Tribunal.1 This mechanism facilitates the admission of

documentary evidence without undue consumption of court time when “the

relevance and reliability of a document may be sufficiently apparent to justify its

1 The Prosecutor v. R. Delic (IT-04-83-T), Decision on Prosecution Submission on the Admission of Documentary Evidence, 16 January 2008, para. 9 (“The Trial Chamber notes that the admission of evidence from the bar table is generally permitted by the jurisprudence of the Tribunal”); The Prosecutor v. Boskoski and Tarculovski (IT-04-82-T), Decision on Prosecution’s Motion for Admission of Exhibits from the Bar Table With Confidential Annexes A to E, 14 May 2007 (admitting about 90% of the 175 documents tendered by the Prosecution); The Prosecutor v. Milutinovic et al. (IT-05-87-T), Decision on Pavkovic Second Motion for Admission of Documents from the Bar Table, 28 November 2007 (admitting about 90% of the documents tendered from the bar table); The Prosecutor v. Milutinovic et al. (IT-05-87-T), Decision on Prosecution Motion to Admit Documentary Evidence, 10 October 2006, para. 18 (“Given the depth and breadth of this case, the Trial Chamber is generally sympathetic to parties presenting documents from the bar table”).

26231IT-05-88-T

IT-05-88-T 15 January 2009 3

admission as an exhibit without the need for any evidence or any further evidence,

relating to the document.”2

3. Rule 89(C) allows a Trial Chamber to admit “any relevant evidence which it

deems to have probative value.” The burden rests with the moving party to

establish that the proposed evidence is both relevant and has sufficient reliability

to possess probative value. The relevance and probative value of documents must

be described with particularity for admission to be granted.3

(ii) The Documents Tendered for Admission Are Relevant and Reliable, as

Described with Greater Particularity in Annex A

4. The relevance and reliability of each document is discussed with particularity in

Annex A. This chart identifies each document; provides a synopsis of its

relevance to the case; indicates the paragraphs of the indictment to which it is

relevant; and describes the indicia of reliability. This procedure has been followed

and accepted in previous bar table motions.4 Almost all of the documents were

created contemporaneously, or nearly contemporaneously, with the events

described.5 They also possess sufficient attributes to establish their authenticity.

These two features render the documents sufficiently reliable to be admitted.

2 The Prosecutor v. Boskoski and Tarculovski (IT-04-82-T), Decision on Prosecution’s Motion for Admission of Exhibits from the Bar Table With Confidential Annexes A to E, 14 May 2007, para. 13. 3 The Prosecutor v. Milutinovic et al. (IT-05-87-T), Decision on Prosecution Motion to Admit Documentary Evidence, 10 October 2006, para. 18 (in rejecting the vast majority of 2,150 documents tendered for admission by the Prosecution, the Chamber observed that “the offering party must be able to demonstrate, with clarity and specificity, where and how each document fits into its case. The Trial Chamber indicated as much in its previous Order, yet the Prosecution has failed in the vast majority to so comply”). 4 The Prosecutor v. R. Delic (IT-04-83-T), Decision on Prosecution Submission on the Admission of Documentary Evidence, 16 January 2008, para. 2; The Prosecutor v. Boskoski and Tarculovski (IT-04-82-T), Decision on Prosecution’s Motion for Admission of Exhibits from the Bar Table With Confidential Annexes A to E, 14 May 2007; The Prosecutor v. Boskoski and Tarculovski (IT-04-82-T), Prosecution’s Motion for Admission of Exhibits from the Bar Table With Confidential Annexes A through E, 23 March 2007. 5 The Prosecutor v. Bagosora et al., (ICTR-98-41-T), Decision on Request to Admit United Nations Documents Into Evidence Under Rule 89(C), 25 May 2006, para. 6 (“the documents were created at the time of the events in question as part of the routine exchange of correspondence between top UNAMIR officials, or is directly linked to this correspondence. These characteristics endow the documents with sufficient reliability to be admissible”).

26230IT-05-88-T

IT-05-88-T 15 January 2009 4

5. The documents generally relate to the following topics:

• the armament, organization and numerical strength of BiH Army

forces in the Srebrenica enclave in July 1995 which, in turn, is relevant

to explaining the reasons for and the reasonableness of detaining all

military age men in Potocari;6

• the age of conscripts and recruits into the BiH Army in 1995;7

• matters contextually relevant to the relationship between the VRS and

MUP forces when the latter are subordinated to the former;8

• the presence, structure and reporting procedures of MUP forces not

subordinated to Mr Borovcanin;9

• prohibition by the BiH authorities before July 1995 on departure of

civilians from the Srebrenica enclave, and attempts to prevent or

punish such departures;10 and

• the express view of Srebrenica’s local government administration, on 9

July 1995, that BiH state organs should and would negotiate with the

Republika Srpska for the evacuation of the civilian population of

Srebrenica.11

(iii) Admission of these Documents Will Save Time and Causes No Prejudice

to Any Party

6. The documents tendered are, for the most part, cumulative of evidence already

heard by the Chamber and concern contextual matters that the Chamber has

previously signalled should not consume undue court time. Admission of this 6 4D: 187, 195, 196, 198, 200, 202, 203, 210, 211, 216, 217, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 239, 262, 263, 264, 269, 274, 275, 277, 281, 282, 283, 284, 286, 287, 291, 293, 296, 301, 304, 305, 307, 308, 309, 310, 311, 312, 317, 322, 326, 328, 331, 332, 348, 349, 350, 599; P80. 7 4D: 254, 255, 258. 8 4D: 289, 315, 319, 321, 325, 348, 646, 647; P64, P2508. 9 4D645; P: 2508, 3115, 3117, 3118, 3123, 3124. 10 4D: 237, 240, 298, 299, 306, 310. 11 P9.

26229IT-05-88-T

IT-05-88-T 15 January 2009 5

quantity of documents by written procedure is, accordingly, entirely appropriate.

The volume of documents submitted is modest in comparison to bar table motions

submitted in other cases.12

III RELIEF SOUGHT

7. The Borovcanin Defence requests the admission of the eighty-eight documents

identified in Annex A of this Motion.

Word count: 1,338.

Respectfully submitted.

The Hague, 15 January 2009

___________________________________________ Aleksandar Lazarevic and Christopher Gosnell Counsel for Mr Ljubomir Borovcanin

12 The Prosecutor v. Milutinovic et al. (IT-05-87-T), Decision on Prosecution Motion to Admit Documentary Evidence, 10 October 2006, para. 18 (2,150 documents tendered); The Prosecutor v. Hadzihasanovic and Kubura (IT-01-47-T), Decision on the Admissibility of Documents of the Defence of Enver Hadzihasanovic, 22 June 2005 (780 documents tendered); The Prosecutor v. Boskoski and Tarculovski (IT-04-82-T), Decision on Prosecution’s Motion for Admission of Exhibits from the Bar Table With Confidential Annexes A to E, 14 May 2007 (175 documents tendered).

26228IT-05-88-T

_______________________________

ANNEX A _______________________________

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Exhibit Number

Title Date Relevance Indict-ment (para-graph)

Indicia of Reliability

4D00187 War Presidency of

the Municipality of

Srebrenica -

Decision on

establishing the War

Presidency of

Srebrenica and

positioning

members thereof

1-Jul-

92

This document on the formation of the War

Presidency of Srebrenica Municipality helps

illustrate the extent of military organization in

the Srebrenica enclave going back to 1992

(Article 7 in particular states that Naser Oric is

appointed commander of the Armed Forces

Staff). This provides helpful background

information to understand the lack of

disarmament upon the formation of the UN

“safe area”, and the subsequent continued

armed activity in the enclave, in violation of

the various “safe area” agreements and UN

resolutions.

Relevant to the legitimacy and legality of

detaining large numbers of military-age men

who were in, or fleeing from, Srebrenica at the

time of its takeover by Serb forces.

22, 23,

27, 28,

29, 36,

62.

Document obtained from

OTP; bears a decision

number and date, and is

signed by the self-styled

President of the War

Presidency, Hajrudin

Avdic.

4D00195 ABiH 2nd Tuzla

Corps Command -

Intelligence

Department -

Dispatch to ABiH

Main Staff

containing Order

issued to Naser Oric

by the 2nd Corps

Commander Hazim

16-

Apr-93

This BiH Army document demonstrates the

beginning of a pattern of ruses and non-

compliance with demilitarization and cease-fire

agreements in the Srebrenica enclave; The

order prohibits “any surrender of weapons”.

The order also prohibits any evacuation of

civilians by the UNHCR: “Do not permit

civilians to move out of at will through the

UNHCR.”

22, 23,

27, 28,

29, 36,

62.


OTP; bears a reference

number from source.

26226IT

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Sadic Relevant to the legitimacy and legality of an

armed attack on Srebrenica and of detaining

large numbers of military-age men who were

in, or fleeing from, Srebrenica at the time of its

takeover. Also relevant to elements of forcible

transfer.

4D00196 ABiH Supreme

Command Staff -

Order by Sefer

Halilovic, Strictly

confidential No.

02/398-2 issued to

2nd Corps

Command

16-

Mar-

93

This order from Sefer Halilovic to the

Commander of the 2nd Corps of the BiH Army is

a striking example the pattern of subterfuge

and non-compliance by the BiH Army in

respect of the cease-fire and demilitarization

agreements concerning Srebrenica, starting in

1993. The order indicates that a previous order

relating to cessation of combat activities was

issued only for “propaganda purposes” and

should not be followed. Rather, the “strongest

possible offensive operations” are ordered.

Demonstrates level and nature of military

activity emanating from Srebrenica starting in

1993 and continuing through 1995 which, in

turn, is relevant to the reasons for, and the

legitimacy of, detaining large numbers of

military-age men in, or fleeing from,

Srebrenica at the time of its takeover by Serb

forces. Contradicts the Prosecution’s allegation

that the detention of military-age Muslim men

in Potocari and elsewhere is indicative of a

joint criminal enterprise to kill them en masse.

22, 23,

27, 28,

29, 36,

62.


OTP; bears a decision

number and date, and is

signed by the Chief of the

Supreme Command Staff

of the BiH Army, Sefer

Halilovic

4D00198 BiH Armed Forces

Supreme Command

Staff - Information

re results of the

negotiations on

demilitarization of

20-

Apr-93

This letter from Sefer Halilovic, Chief of Staff of

the Supreme Command, to the 2nd Corps and

Naser Oric, describes continuing negotiations

concerning the Srebrenica demilitarization

agreement. This document demonstrates that

the BiH Army had no intention of demilitarizing

22, 23,

27, 28,

29, 36,

62

This document was

obtained from the Office

of the Prosecutor and

bears a stamp of the

Supreme Command of the

BiH Army.

26225IT

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Srebrenica the enclave of Srebrenica as a whole

(“disarmament of our troops is out of the

question – not a single soldier, much less a

whole unit”), but were willing only to

demilitarize a small area around the urban

area of Srebrenica town. This document also

claims that the United Nations commander

supported this position.

Relevant to the existence of continuing

offensive operations emanating from

Srebrenica; the reasons for, and the legitimacy

of, detaining large numbers of military-age

men in, or fleeing from, Srebrenica at the time

of its takeover by Serb forces; and the

potential role of United Nations forces in the

continuing supply of BiH forces in the

Srebrenica enclave.


Supreme Command

Staff –

Memorandum to

Naser Oric of

Srebrenica Defense

Command, Strictly

confidential No.

02/699-2

2-Jun-

93

This document from Sefer Halilovic to Naser

Oric demonstrates the BiH Army’s intent to

develop coordinated military operations

between armed forces in Srebrenica and Zepa.



Srebrenica; the reasons for, and the legitimacy

of, detaining large numbers of military-age

men in, or fleeing from, Srebrenica at the time

of its takeover by Serb forces; and the

potential role of United Nations forces in the

continuing supply of BiH forces in the

Srebrenica enclave.

22, 23,

27, 28,

29, 36,

62

OTP document, signature

of Sefer Halilovic, and

reference number.

26224IT

-05-88-T

of 40


Supreme Command

Staff – Order to

Naser Oric of

Srebrenica Defense

Command, Strictly

confidential No.

02/707-1

4-Jun-

93

This document from Sefer Halilovic to Naser

Oric provides a specific example of military co-

ordination between BiH Army forces in

Srebrenica and Zepa.



Srebrenica by Bosnian Muslim army and the

reasons for, and the legitimacy of, detaining

large numbers of military-age men in, or

fleeing from, Srebrenica at the time of its

takeover by Serb forces.

22, 23,

27, 28,

29, 36,

62

OTP document, reference

number, authenticity

corroborated by signature

and stamp

4D00203 BiH Supreme

Command Staff -

Order to Naser Oric

of Srebrenica

Defense Command,

strictly confidential

No. 02/699-3

7-Jun-

93

Sefer Halilovic orders Naser Oric to “start

implementing the plan to conduct combat

operations”, in coordination with forces from

Zepa. Illustrates extent of military organization

and operations.



Srebrenica by Bosnian Muslim army and the

reasons for, and the legitimacy of, detaining

large numbers of military-age men in, or

fleeing from, Srebrenica at the time of its

takeover by Serb forces.

22, 23,

27, 28,

29, 36,

62

OTP document, bearing

BiH Army reference

number, and signature of

cryptographer.


Supreme Command

Staff - Order re

organizational

changes, strictly

confidential No.

14/75-156/93

1-Jan-

94

This order from the Supreme Command of the

BiH Army to the 2nd Corps command

demonstrates the extent of military

organization and activity in the Srebrenica

enclave, including Srebrenica town specifically,

notwithstanding the demilitarization

agreements. The 8th OG (Operations Group)

Srebrenica is formed, comprised of five

brigades and a mountain battalion. The

commands of the 8th OG and three of the

22, 23,

27, 28,

29, 36,

62


stamp of BiH Army and

signature of the Stjepan

Siber, the Deputy

Commander standing in

for the Commander.

26223IT

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brigades are located in the town of Srebrenica

itself together with the commands of three

other brigades. Increased recruitment and

acquisition of materiel is ordered.

Relevant to the existence of military activities

and bases in Srebrenica town; continuing


Srebrenica after the demilitarization

agreements; and the reasons for, and the




forces.

4D00211 ABiH 2nd Corps

Command - Report

re establishing and

disbanding war

units

2-Feb-

94

This document from the Assistant Commander

for Recruitment and Personnel of the 2nd Corps

of the BiH Army describes actions taken in

response to order of Supreme Commander on

1 January 1994 (4D210), and explains

specifically that units are at 92% of prescribed

manning levels, and at 53% of prescribed

levels of armament.

Relevant to level of military organization in

Srebrenica town; the existence of continuing


Srebrenica and the reasons for, and the




forces.

22, 23,

27, 28,

29, 36,

43, 62.


BiH reference number,

and makes accurate

references to other

documents.


Supreme Command

Staff - Order,


8-Oct-

94

This document from the Supreme Staff of the

BiH Army prescribes the structural and

organizational changes of the Zepa forces,

including logistics and finance. Relevant to

22, 23,

27, 28,

29, 36,

62, 65.


signature of Rasim Delic,

Commander of the Army,

BiH Army stamp.

26222IT

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No. 05/155-89-1 level of military operations by BiH Army in

Zepa notwithstanding the demilitarization

agreement.

Relevant to legality, reasonableness and

motivations for armed counter-offensive by

Serb forces in July 1995.

4D00217 BiH Presidency -

Decision on

organizational

scheme of the Army

of the Republic of

Bosnia-Herzegovina

18-

Oct-94

This document prescribes a new organizational

structure for the BiH Army, including the 2nd

Corps, pursuant to which specific

organizational changes were later introduced.

Relevant to nature and extent of military forces

operating in Srebrenica enclave

notwithstanding the demilitarization

agreements, and the legality and

reasonableness of the Serb counter-offensive,

as well as the legality and reasonableness of

detaining all military-age men for

determination of their POW status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document bearing

BiH stamp and signature

of Alija Izetbegovic.

4D00220 ABiH 8 OG

Srebrenica

Command - Annual

Report

28-

Dec-

94

This is the 1994 annual report from the anti-

aircraft defence artillery and rocket units of the

8th Operations Group, Srebrenica. Provides

valuable insight into extent of organization,

activity and training of military forces in

Srebrenica, in violation of the demilitarization

agreements.

Relevant to legality of counter-offensive by

Serb forces and the legality and legitimacy of

detaining all military-age men for the purpose

of determining their status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

26221IT

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4D00222 ABiH 8 OG

Srebrenica

Command - Interim

Report No. 13-05-

03

11-

Jan-95

This interim report from the Intelligence Organ

of the 2nd Corps shows that the BiH forces were

operating openly in the Srebrenica enclave.

One paragraph makes reference to UNPROFOR

blocking the entry to the 281st Brigade

Command of the 8th Operations Group, but that

“weapons were relocated through the

engagement of civilians, so the incident ended

without problems.” Reference is also made to

an ultimatum issued to UNPROFOR forces if

they did not take military action against an

alleged advance by Serb forces. Shows the

level of organization and military activity by

the BiH Army, as well as the involvement of

civilians in military operations. Also probative

of UNPROFOR’s knowledge of the BiH Army.





22, 23,

27, 28,

29, 36,

43, 62,

65.


BiH Army reference

number; content of

document also discussed

in 4D224 and 4D226.

4D00223 ABiH 8 OG

Srebrenica

Command -

Request, strictly

confidential No.

130-01-14/95

11-

Jan-95

Request by Naser Oric to the Main Staff of the

BiH Armed Forces, for money and military

equipment. Shows the level of organization

and military activity by the BiH Army. Also

probative of UNPROFOR’s knowledge of the BiH

Army.





22, 23,

27, 28,

29, 36,

43, 62,

65.


an BiH Army reference

number

26220IT

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4D00224 ABiH 8 OG

Srebrenica

Command –

Security Organ,

Weekly Report, No.

13-05-04 to the 2nd

Corps Security

Section

12-

Jan-95

This report illustrates continued military

operations by BiH Army in the Srebrenica

enclave and level of organization.





22, 23,

27, 28,

29, 36,

43, 62,

65.

Content of this document

also discussed in4D222

and 4D226; OTP

document; bearing BiH

Army reference number.

4D00225 ABiH General Staff -

Order to the 2nd

Corps Command,


No. 4/19-2

12-

Jan-95

This Order from the BiH Army General Staff

reorganizes the 8th Operations Group of

Srebrenica into the 28th Division, in Srebrenica.

This Division further subdivided into six

brigades, a battalion, and a unit called the

“Srebrenica Town Command” and the “Zepa

Town Command”.





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document, seal of

BiH Army, and signed by

Rasim Delic.

4D00226 ABiH 8 OG

Srebrenica

Command -

Operations

Intelligence Report,


No. 02-06-01/95

13-

Jan-95

This document from the intelligence

department of the 2nd Corps describes an

attack by ABiH forces on a location outside of

the limits of the Srebrenica enclave in early

1995.





22, 23,

27, 28,

29, 36,

43, 62,

65.

Content of this document

also discussed in4D222

and 4D224; OTP

document; bearing BiH

Army reference number.

4D00227 ABiH 8 OG

Srebrenica

Command - Data for

Artillery Officers,


20-

Jan-95

This document from the Chief of Artillery of the

8th Operations Group, Srebrenica gives an

indication of the extent of organization and

strength of Muslim forces in the Srebrenica

enclave by early 1995, even in respect of

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document, bearing a

BiH Army reference

number.

26219IT

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No. 02/10-01/95 artillery.





4D00228 Srebrenica Municipal

Secretariat of

Defence -

Memorandum to

Tuzla District

Secretariat of

Defence, strictly

confidential No. 03-

15-2/95

Jan-95 This document from the “Secretary of the

Municipal Secretariat of Defence”, of

Srebrenica, discusses “current problems in

communications between control and the

intelligence and security services”, and is

directed to the District Secretariat of Defence,

Tuzla. This demonstrates that elements of the

Srebrenica Municipal authority were directly

engaged in the war effort, in particular by

providing communications services and

equipment.





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bearing

reference number from

source.


Command - Query

re Training of

Officers form 8 OG,


No. 02/1-23/39

26-

Jan-95

This request from the 2nd Corps command to

the BiH Army General Staff illustrates training

and/or supply of weapons for members of the

armed forces in Srebrenica.





22, 23,

27, 28,

29, 36,

43, 62,

65.



source. Same subject-

matter is discussed in

4D232. INCREDIBLY

MINOR DOCUMENT; DO

WE REALLY NEED THIS?

4D00230 ABiH 8 OG

Srebrenica

Command -

Memorandum by

28-

Jan-95

This document from Naser Oric to Brigadier

Sead Delic of the 2nd Corps describes the

decision to blockade UNPROFOR forces starting

around 9 January 1995, which was then finally

22, 23,

27, 28,

29, 36,

43, 62,



source; same subject-

matter discussed in

26218IT

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Commander Naser

Oric to ABiH General

Staff and 2nd Tuzla

Corps Command,

No. 01-19/95

challenged by UNPROFOR forces on 28 January

1995. This report describes the blockade and

the subsequent crisis. Oric seeks further

instructions from his superiors.





65. 4D231.

4D00231 ABiH 8 OG

Srebrenica

Command -

Information, strictly


19-2/95

29-

Jan-95

This report from Naser Oric to the 2nd Corps

command explains that UNPROFOR forces had

agreed to be excluded from a certain sector of

the Srebrenica enclave, but then attempted to

enter that sector on 28 January 1995. “At

around 1200 hours yesterday unarmed

civilians stopped the UN troops and cut them

off … and the civilians treat them fairly.” This

reflects the level of coordination between

civilians and the BiH Army in achieving their

military and tactical goals, and the systematic

failure of ABiH to demilitarize the Srebrenica

enclave,





22, 23,

27, 28,

29, 36,

43, 62,

65.




matter discussed in

4D230.

4D00232 ABiH General Staff,

Number 1-1/176-1,

Reply to Act No.

01.21/95

29-

Jan-95

The document from the BiH Army General Staff

addressed directly to the 8th Operations Group

Commander, Naser Oric, demonstrates the

General Staff’s direct involvement in training

and supplying armed forces in Srebrenica.



22, 23,

27, 28,

29, 36,

43, 62,

65.

Same subject-matter

discussed in 4D229; OTP

document; bears


source.

26217IT

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Reply to Act No. 01-

19/95

29-

Jan-95

The document from the BiH Army General Staff

addressed directly to the 8th Operations Group

Commander, Naser Oric, demonstrates the

General Staff’s direct involvement in relations

between UNPROFOR and BiH forces in

Srebrenica.





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; responds to

4D230.

4D00234 ABiH 8 OG

Srebrenica

Command - Data

Submission, No. 01-

18/95

Jan-95 This document from Naser Oric as commander

of the 8th Operations Group to Enver

Hadzihasanovic as Chief of Staff of the BiH

Army gives an accounting of the number of

weapons that were handed over to UNPROFOR

immediately after the conclusion of the

demilitarization agreement in 1993. The

document explains that UNPROFOR was told

that the low number of weapons could be

explained on the basis that 1,343 ABiH soldiers

were evacuated to Tuzla with their personal

weapons. Nonetheless, “UNPROFOR

representatives are aware that there are

armed formations in Srebrenica which have a

specific amount of weapons and ammunition at

their disposal and they [UNPROFOR] are trying

to disarm our formations and collect all the

weapons and frequently take weapons from

individuals carrying them”. Oric further

explains that the explanation given to

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26216IT

-05-88-T

of 40

UNPROFOR about the continued presence of

armed forces in Srebrenica is that “these are

individuals and groups who did not want to

hand over their weapons”.






Command –

Proposal for

disbanding a unit,


No. 03/63-46-1

5-Feb-

95

This document from Sead Delic as the

commander of the 2nd Corps to the General

Staff of the BiH Army proposes (in accordance

with a previous proposal from the 8th

Operations Group itself) that the 28th Mountain

Brigade in Srebrenica be disbanded and that its

forces be distributed amongst the other units

of the 28th Division, “with priority given to the

replenishment of the 283rd Light Brigade, which

was established as the manoeuvre brigade of

the 28th Division. The purpose of this

reorganization is to “implement the Order to

replenish combat units [to] 110% in relation to

the provisional RF” (war establishment). Shows

the level of armament and organization of

forces within the Srebrenica enclave.





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; this document is

specifically referred to by

reference number in

4D236, which itself bears

a signature and seal of

the BiH Army.


Order re disbanding

28th Mountain

Battalion

10-

Feb-95

This document from Enver Hadzihasanovic as

Chief of the General Staff orders that the 28th

Independent Mountain Battalion be disbanded

and that its forces, weapons and materiel de

distributed amongst other units of the 28th

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; bears signature of

Enver Hadzihasanovic and

stamp of the BiH Army.

26215IT

-05-88-T

of 40

Division, with priority given to replenishment of

the 283rd Light Brigade. Shows the level of

armament and organization of forces within the

Srebrenica enclave.





4D00237 ABiH 8 OG

Srebrenica

Command

Intelligence

Department -

Special Report, No.

13-05-21

16-

Feb-95

This weekly report from the Security Organ of

the 8th Operations Group to the Security Organ

of the 2nd Corps discusses a variety of matters

relating to morale and discipline amongst

soldiers and officers in Srebrenica. The

document notes that “persons left the free

territory without authorization”, and names

some of them. The document also provides a

detailed discussion of the reaction amongst

certain officers because of the re-organization

of units prescribed by 4D236. The existence of

a system to track deserters, and the discussion

regarding reactions to the re-organization of

units, is indicative of the intensity of

organization of units and forces inside

Srebrenica. The document is also probative

that people living in Srebrenica were not free

to leave the territory, which demonstrates the

plausibility that some or many civilians would

have consented to transfer at the time of the

takeover of the enclave.

Relevant to (i) legality of counter-offensive by



of determining their status; and (ii) alleged

22, 23,

27, 28,

29, 36,

43, 49,

62, 65,

81.

OTP document; bears


source; this subject-

matter in this document is

discussed at length in

4D235 and 4D236.

26214IT

-05-88-T

of 40

mens rea of the accused or alleged

subordinates of the accused in respect of

forcible transfer.

4D00239 ABiH 8 OG

Command -

Specification of

necessary tools and

parts, Request No.

07-01/95

21-

Feb-95

Request from Naser Oric as commander of the

8th Operations Group to General

Hadzihasanovic for a long list of supplies

“through the established delivery system”.

Relevant to legality of an armed invasion of the

Srebrenica enclave in July 1995 and the

legality and legitimacy of detaining all military-

age men for the purpose of determining their

status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears



matter as 4D240.

4D00240 ABiH 8 OG

Srebrenica

Command - Report,


No. 01-45/95

22-

Feb-95

This report from Naser Oric as the commander

of the 8th Operations group describes the

receipt of military supplies on 18 January

1995, including 14,690 “7.62x 39” bullets, and

15,000 “7.62 x 54” bullets. In a shipment on

28 December 1994, 50,000 “7.62x39 bullets”,

and 13,680 “7.9 mm bullets” were received.

Other items include over 80 rocket propelled

grenades in the two shipments, and other

weapons and munitions. The document also

states that “we want to inform you that the

Chetniks have found out about everything

because about 40 people, men of military age

and civilians have crossed over, that is,

deserted to the Republic of Serbia and told

them everything.”





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears



matter as 4D239.

26213IT

-05-88-T

of 40

status. Further relevant to the repressive

conditions enforced by Muslim authorities

within Srebrenica that might explain their

desire to voluntarily leave the enclave, or leave

by any means possible.

4D00254 ABiH MOD

Srebrenica Municipal

Secretariat of

Defense - Report on

Number of

conscripts

registered with the

Tuzla Def.

Secretariat, strictly


11-4/95

18-

Apr-95

This document “Municipal Secretariat of

Defence”, of Srebrenica, is a “report on the

number of registered military conscripts born

in 1978 and 1979” and other issues. The

document reports that, as of 31 March 1995,

159 born in 1979 are registered, and that 211

born in 1978 are registered. In other words,

159 individuals who were no older than 16

years old, and possibly as young as 15 years

old, were registered as military conscripts.

Indicative of the systematic induction of

adolescents as young as 15 years old into the

BiH Army, as well as the systematic

conscription of the civilian population of

Srebrenica.

Relevant to the legality and reasonableness of

detaining military-age men and adolescents to

determine their status as potential prisoners of

war immediately after the fall of Srebrenica.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; concerns same

subject-matter as 4D255

and 4D258.

4D00255 BiH MOD Defense

Secretariat Tuzla,

Municipal

Secretariat of

Srebrenica - Report

on the number of

Conscripts, No. 03-

2-1/95

18-

Apr-95

This document from the “Municipal Secretariat

of Defence”, of Srebrenica, is a “report on the

number of registered military conscripts born

in 1978 and 1979” from Zvornik municipality.

The number given is 29. Indicative of the

systematic induction of adolescents as young

as 15 years old into the BiH Army, as well as

the systematic conscription of the civilian

population of Srebrenica.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears




and 4D258.

26212IT

-05-88-T

of 40





4D00258 BiH MOD Tuzla

Defense Secretariat

- List of Conscripts

for recruitment in

the year of 1995,


No. 04-03-02/95

19-

Apr-95

This document from the “Tuzla Secretariat of

Defence Department in Bratunac Municipality”,

is a response to request from the BiH Ministry,

and provides a summary “of conscripts/recruits

for recruitment as of 10 March 1995”. 550

individuals are listed, with 118 born in the year

1977, which could make then as young as 17.

Demonstrates the induction of adolescents as

young as 17 years old into the BiH Army, as

well as the systematic conscription of the

civilian population of Srebrenica.





22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears




and 4D255.

4D00262 ABiH 28th Division

Command - Request

for Materiel for ARJ

PVO, strictly

confidential No.

02/10-002/4

24-

Apr-95

This document form the Chief of the Anti-

Aircraft Defence Artillery and Rocket Units of

the 28th Division to the 2nd Corps of the BiH

Army requests weaponry and ammunition for

the “forthcoming combat operations.” The

request seeks, amongst other items: 5

Browning anti-aircraft machine guns; 8 anti-

aircraft missiles; 4 shoulder launched anti-

aircraft rockets; 6,000 20 mm bullets; and

14,000 12.7 mm bullets.




22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26211IT

-05-88-T

of 40


status.


Command - Report

and Analysis of

Communications

devices, strictly


08-10/95

25-

Apr-95

This document from the 28th Division

command, now commanded by Ibrahim

Becirevic (replacing Naser Oric), provides an

overview of the communications equipment

possessed by the 28th Division. The document

confirms that the 28th Division consists of six

light brigades and one mountain brigade,

“whose zones of responsibility are the enclaves

of Srebrenica and Zepa.” The document notes

that “we must hide everything we do from

UNPROFOR”.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; detailed

references to unit

structure are

corroborated by other

evidence.


Command - Report

on Received

Materiel

27-

Apr-95

This report from the 28th Division Command

confirms receipt of weapons and supplies in a

recent shipment. Items noted include: 50,000

7.62 mm bullets; 40 82 mm shells; 70 60 mm

shells; 16 RPG-7 launchers; and 97 sets of

uniforms. Requested items include “a PM-84

machine gun return mechanism, a spring and a

trigger mechanism return spring to the

Assistant Commander of the Town Command

personally”.




22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source; detailed

references to unit

structure are

corroborated by other

evidence.

26210IT

-05-88-T

of 40


status. Also relevant to the existence of

military assets and headquarters in the town of

Srebrenica itself.

4D00269 ABiH 28th IBLbr

Zepa - Information,


No. 08-20-514/95

30-

Apr-95

This document from the 285th Eastern Bosnia

Light Brigade to the 28th Division Command

describes the receipt of a shipment of material,

including “nitroglycerine rifles”.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00274 BiH MOD Tuzla

Defense Secretariat,

Bratunac Municipal

Defence

Department - List of

Conscripts from the

Municipality of

Bratunac deployed

at 284th IbLbr,


No. 04-66-1/95

23-

May-

95

A listing of 563 “conscripts”. Assigned to the

284th Eastern Bosnian Light Infantry Brigade.

Relevant to legality and legitimacy of detaining

all military age men for the purpose of

determining their status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00275 ABiH General Staff –

Order re

Designation of

Person Standing in

for 28th Division

Commander, strictly

confidential No.

1/855-1

30-

May-

95

This document confirms the appointment of

Ramiz Becirovic as stand-in commander of the

28th Division, replacing Naser Oric.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26209IT

-05-88-T

of 40

4D00277 ABiH 285th IBlbr

Zepa - Report,

Strictly confidential

No. 08-13-83/95

31-

May-

95

This document from the Assistant Commander

for Security of the 285th Eastern Bosnia Light

Brigade to the 28th Division Command in

Srebrenica describes deteriorating relations

between UNPROFOR and the population in

Zepa, resulting in UNPROFOR being unable to

patrol in the town, and then finally being

allowed to leave. Demonstrates that

UNPROFOR was incapable of monitoring

demilitarization agreement because of

obstruction from BiH municipal authorities and

the BiH Army.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command, Security

Department -

Instruction, No. 13-

05-78/95

2-Jun-

95

This “instruction” from the security department

of the 28th Division orders the command of the

285th Brigade to “cover all UN check-points

with our forces and do not allow UN troops to

cross over to the Serbian side; in case UN

troops attempt to leave Zepa, they are to be

disarmed and captured, and their weapons and

hardware put to use in defence of the territory;

Let [the UNPROFOR commander] know that we

are prepared to defend both ourselves and

them in the event of an attack; Also use the

civilian organs of authority to give him his

assurance.” This document is indicative of

obstruction by BiH forces of UNPROFOR

mandate, making monitoring of the

demilitarization agreement impossible. Also

shows the extent to which municipal

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26208IT

-05-88-T

of 40

authorities were co-opted to engage in the war

effort.





status.


Command - Interim

Report, No. 13-05-

77/95

2-Jun-

95

This interim report from the 28th Division

Command indicates ongoing clashes with Serb

forces in and around the Srebrenica enclave.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command - Request

for Materiel, strictly


74/95

4-Jun-

95

This document from Ramiz Becirovic as Chief

of Staff of the 28th Division requests various

quantities of weapons and supplies, including

300 rifles “as replenishment for existing units”

and 7000 sets of uniforms. The document also

requests communications equipment, which is

described as being in addition to “the

communications equipment at the Srebrenica

Municipality representative office depot in

Tuzla…” Demonstrates that organs of the

Srebrenica Municipality were directly involved

in the war effort, and establishes the extent of

militarization of the Srebrenica enclave by June

1995.


Srebrenica enclave, including Srebrenica town,

in July 1995 and the legality and legitimacy of

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26207IT

-05-88-T

of 40



4D00284 Letter by General

Rupert Smith to

ABiH Commander

General Rasim Delic

5-Jun-

95

General Smith expresses his deep concern

about the situation in the eastern enclaves “in

light of the latest fighting in and around

Srebrenica and Gorazde.” Indicative of ongoing

armed clashes in this period.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command, Tuzla -

Order on putting

28th Division Units

in full combat

readiness

7-Jun-

95

This order from the Chief of Staff of the 2nd

Corps orders the 28th Division to be prepared

for a potential attack by Serb forces and

instructs forces to, amongst other things,

“disarm [UN forces] and take equipment and

weapons from the observation post they

abandoned and put them to use for our

defence, should they withdraw.”





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command - Reply to

Document strictly


21-142/95

9-Jun-

95

This letter from the 285th Eastern Bosnia Light

Infantry Brigade informs the Command of the

28th Division that an agreement has been

reached with UNPROFOR allowing the Bosnian

Army to clean the surrendered weapons stored

in UNPROFOR armouries, in anticipation of

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26206IT

-05-88-T

of 40

releasing those weapons to Bosnian forces

should there be an infantry attack.





status.

4D00289 VRS 1st Bratunac

Brigade - Combat

Order on

engagement of

commands and

units of the Brigade,


No. 01-381-2

16-

Jun-95

Point 9 of this document indicates that units of

the Bratunac Brigade were routinely billeted at

the Bjelovac school, a place subsequently used

to accommodate MUP personnel and the

deserters’ group on the nights of 11 and 12

July 1995.

Relevant to reliance of MUP on VRS units for

logistics and other basic support.

26-27,

43, 93-95

Bears signature of author,

VRS stamp, and reference

number from source.


Command - Order

re volunteers for

combat activities,


No. 02/1-604/32

16-

Jun-95

This order from the 2nd Corps command to all

division commands directs the establishment

and mobilization of “volunteer units.” The

impetus for this order is to “make the most of

[what] we have achieved so far … and creating

possibility for BH Army fighters, volunteers

from all units, to take part in the his historic

liberation operation and to contributed to its

successful and swift conclusion and to the

liberation of the capital of our homeland”. In

particular, the Brigadier Delic orders that the

divisions: “Immediately establish volunteer

units … to consist of members of brigades,

independent battalions, town commands,

garrison commands and citizens from your

zones of responsibility …. Implement this order

immediately, with full diligence and

responsibility, in accordance with the

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26205IT

-05-88-T

of 40

importance of the liberation operation being

conducted. Inform the 2nd Corps command in

regular daily reports on activities in

establishing volunteer units. The division

commanders shall be personally responsible to

me for implementation”. This general order

was specifically directed to the 28th Division in

4D293.





status.


Order on

preparation for

offensive combat

activities, No.

1/825-84

17-

Jun-95

This order from the Chief of Staff of the 2nd

Corps to the command of the 28th Division, is

entitled “Preparations for offensive combat

operations”. This written order is said to follow

a verbal order from General Rasim Delic, and is

timed based on “the great success achieved by

units of the BH Army in the area around

Sarajevo and Gorazde.” The 28th Army Division

is tasked to “Execute all preparations in the

Command of the 28th Army Division to execute

offensive combat operations with a view to

liberating the territory of BH, overextending

the A/S (aggressor forces) and inflicting losses,

coordinating action with the BH Army forces

carrying out operations in the broader Sarajevo

area.” In other words, the 28th Division is

tasked with mounting offensive operations to

divert Serbian forces away from Sarajevo.



22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26204IT

-05-88-T

of 40



status.


Command - Combat

Report, strictly


137/95

22-

Jun-95

This combat report from the 28th Division

describes a wide-ranging reconnaissance

mission by a unit of the sabotage and

reconnaissance unit deep into areas controlled

by Serb forces.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Zepa - Additional

Information, strictly


21-215/95

23-

Jun-95

This document, along with a related report

4D299, demonstrates that the BiH Army did

not allow the populations of Zepa and

Srebrenica to leave freely. These two

documents would appear to suggest that

individuals leaving the enclaves would be shot

to prevent their departure. This is probative

that people were forced to remain in

Srebrenica against their will which, in turn, is

relevant to the plausibility and genuineness of

their desire to leave once the enclave fell.

Relevant to alleged mens rea of the accused,

or alleged subordinates of the accused, in

respect of forcible transfer.

49, 81. OTP document; bears


source.


Zepa - Information,


No. 08-21-208/95

23-

Jun-95

This document, along with a related report

4D299, demonstrates that the BiH Army did

not allow the populations of Zepa and

Srebrenica to leave freely. These two

49, 81. OTP document; bears


source.

26203IT

-05-88-T

of 40

documents would appear to suggest that

individuals leaving the enclaves would be shot

to prevent their departure. (“Yesterday, 22

June 1995, at 04.30 hrs a group of 20 people

who departed illegally from our zone of

responsibility toward Kladanj were

overpowered in the area of Han Pogled…”)

Indicative that people living in Srebrenica were

not free to leave the territory, which is directly

relevant to the plausibility that some or many

civilians would have consented to transfer at

the time of the takeover of the enclave.





Command -

Congratulation to

28th Division and

285th Brigade

Commands on

successful sabotage

combat activities,


No. 02/1-670/4

28-

Jun-95

This letter from Brigadier Sead Delic to the

Command of the 28th Division offers

congratulations for “the successful combat

actions, whereby you significantly contributed

to carrying out a more successful operation to

lift the Sarajevo blockade and inflicted heavy

losses on the aggressor forces…. You will

receive an order for the coming combat

operation….” The letter also confirms that

civilians were not free to leave the Srebrenica

and Zepa enclaves: “Take all steps to prevent

people from leaving the areas of Srebrenica

and Zepa, which, for you at this moment, is

one of the most important tasks, if not the

most important.” Indicative that people living

in Srebrenica were not free to leave the

territory which, in turn, demonstrates the

plausibility that some or many civilians would

have consented to transfer at the time of the

22, 23,

27, 28,

29, 36,

43, 49

62, 65,

81.

OTP document; bears


source.

26202IT

-05-88-T

of 40

takeover of the enclave.

Relevant to (i) legality of an armed invasion of

the Srebrenica enclave in July 1995 and the



status; and (ii) the alleged mens rea of the

accused, or alleged subordinates of the

accused, in respect of forcible transfer.


Command - Request

for Information,


No. 01-153/95

30-

Jun-95

This document from the 28th Division

Command to the 285th Eastern Bosnia Light

Infantry Brigade makes reference to a recent

combat report from the 285th Brigade

describing “our forces’ sabotage actions behind

the line, in the PZT /temporarily occupied

territory/ under the aggressor’s control….”





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command -

Operations/Situation

Report, strictly


114/95

30-

Jun-95

This situation report from the 28th Division

Command to the 2nd Corps Command of the

BiH Army summarized recent combat activity.

In combat operations in the immediate vicinity

of the enclaves, combat with Reconnaissance

and Sabotage Groups led to the killing of 13

Serbs; in attacks on 23 June at Osmace and

Bijelo Stijenje, “7 Chetniks killed”; and on 26

June at Han Pijesak and Vlasenica, “20-40 km

deep inside territory temporarily occupied by

the enemy … 7 Chetniks killed”.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26201IT

-05-88-T

of 40





status.


Command - Weekly

morale report,


No. 04-113/95

30-

Jun-95

This “weekly morale report” from the 28th

Division to the 2nd Corps command of the BiH

Army states that “our side carried out planned

combat operations of a diversionary character

with the aim of distracting the aggressor from

the Sarajevo front.” The attacks mentioned in

4D305 are also mentioned in this report, as are

other clashes and sabotage operations. The

report also refers to illegal departures of

civilians from Srebrenica: the “main problems

still have to do with the departure of the

population and fighters from Srebrenica to

Tuzla.” The report complains that those who

have left the enclave are well-fed and have

sufficient money to pay a guide the fee of

several hundred marks. In contrast, “So far,

none of the /?hungry/ people have left free

territory. If that part of the population were to

start leaving, which possibility cannot be ruled

out, that would result in total chaos.”

Indicative that people living in Srebrenica were

not free to leave the territory, which is directly

relevant to the plausibility that some or many

civilians would have consented to transfer at

the time of the takeover of the enclave.

Relevant to (i) legality of an armed invasion of

the Srebrenica enclave in July 1995 and the


22, 23,

27, 28,

29, 36,

43, 49

62, 65,

81.

OTP document; bears


source.

26200IT

-05-88-T

of 40


status; and (ii) the alleged mens rea of the

accused, or alleged subordinates of the

accused, in respect of forcible transfer.


Zepa Brigade -

Intelligence data,


No. 08-13-133/95

30-

Jun-95

This document describes the results of an

interrogation of a Serb soldier who was

captured during a sabotage operation along

the Sokolac-Han Pijesak-Vlasenica Road.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Zepa Brigade - RP-1

and PRG -1 Forms,

No. 08-15-131/95

30-

Jun-95

This report documents the number of soldiers

wounded and killed in the 285th Light Infantry

Brigade, Zepa.

Probative of the extent of organization, and

number, of forces in Zepa.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command - Report

on Manning of War

Units of 28th

Division, strictly


183-231

1-Jul-

95

This report from the 28th Division to the 2nd

Corps of the BiH Army reports that the 280th

Eastern Bosnia Light Brigade is staffed at

“110% of the manning level”.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.


Command -

Information and

Order re Success

and Tasks of BiH

2-Jul-

95

This document from the 2nd Corps

demonstrates ongoing emphasis on operations

in and around Sarajevo during this period.


22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26199IT

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Army Units, strictly

confidential No.

02/1-604/123




status.


Command - Order

re actions against

vehicles bearing

UNPROFOR

markings, strictly

confidential No.

02/1-683/2

2-Jul-

95

This document from the Command of the 2nd

Corps authorizes monitoring and assessment of

UNPROFOR forces, including intensifying all

checkpoints checks on the authenticity of

UNPROFOR documents. Indicative of

UNPROFOR’s continuing inability to carry out

its monitoring and disarmament mandate

within the enclave.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00312

(also

P02887)

VRS Drina Corps

Command - Daily

Combat Report,


No. 03/2-203

2-Jul-

95

This Drina Corps report indicates enemy

combat operations in a variety of locations.

Enemy fire includes sniper and infantry fire, as

well as mortar, 82mm and 122 mm Howitzer

shells being fired.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears



Milenko Zivanovic.

4D00315

(also

P02888)

VRS Drina Corps

Command - Daily

Combat Report,


No. 03/2-204

3-Jul-

95

This Regular Combat Report for 3 July 1995

indicates that MUP forces were already

engaged on the ground as of 3 July. Under

item 2 “State of Combat Readiness” that “(…)

With the free forces of the Corps, preparations

are underway for the next active combat

92-95. OTP document; bears



Milenko Zivanovic.

26198IT

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operations. Smaller forces in cooperation with

the MUP are controlling the territory (…).”

Quotes from these two KDK combat reports

confirm that MUP forces were engaged in

combat operations in the territory of

Srebrenica as of 2 July 1995.

Relevant context for determining nature of Mr

Borovcanin’s subsequent resubordination to

the Drina Corps.

4D00317 ABiH 285th Iblbr

Zepa Brigade -

Report, strictly


02-143/95

4-Jul-

95

This report from the 285th Eastern Bosnia Light

Brigade to the 28th Division describing a

combat mission.





status.

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00319

VRS 1st Brlpbr

Bratunac Brigade

Command - Work

Plan of the

Command for July

1995, strictly

confidential No.

434-1

4-Jul-

95

Item 5 of this Work Plan of the Command of

the Bratunac Brigade for July 1995 makes

reference to engagement of MUP forces on the

ground: “Continuously protect units from

intelligence and reconnaissance activities of the

enemy by organizing searches of the terrain

and laying ambushes in cooperation with forces

of the MUP in the zone of responsibility of the

1st Brlpbr.” This Plan is dated one day before

the issuance of the Order for active combat

operations Op. no. 1.



the Drina Corps.




Vidoje Blagojevic.

26197IT

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4D00321 VRS Drina Corps

Forward Command

Post at Pribicevac -

Interim Combat

Report, strictly

confidential No. 02

6-Jul-

95

This combat report signed by Krstic describes

the early stages of operations to separate and

reduce the Srebrenica and Zepa enclaves.

Relevant to the purpose and legality of military

operations against the Srebrenica enclave and

to the position of Krstic as the commander of

that operation.

22, 23,

27, 28,

29, 34,

36, 43,

62, 65,

81.

Bears stamp from issuing

organization and


source.


Command - Official

note, No. 13-05-105

7-Jul-

95

This “Official Note” describes a reconnaissance

mission between 20 and 25 June, to the north

of Srebrenica, in particular, “the terrain from

Buljim to Velja Glava, via Kamenica, Pobudje,

Kaldrmica, Maceha, Rovas, Glodi and

Kamenica”. Indicates that the BiH Army was

familiar with the terrain through which the

column subsequently passed through.





status. Also relevant to legitimacy of attacks

on the column and on the legality and

legitimacy of detaining all members of the

column for the purpose of determining their

status.

22, 23,

27, 28,

29, 34,

34.1, 36,

43, 62,

65, 81.

OTP document; bears


source.

4D00325 VRS Drina Corps

Command - Daily

Combat Report,


7-Jul-

95

Indications that MUP forces were already

involved in combat operations on the ground

around Srebrenica before the arrival of Mr

Borovcanin are provided by DK Regular combat




Radislav Krstic.

26196IT

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No. 03/2-208 report of 7 July 1995, at item 2: “(…) The

territory is constantly controlled with partial

units and MUP forces.” Item 8 – Decision for

forthcoming actions – says: “(…) Forces for

conducting active combat operations continue

activities around the Srebrenica enclave, with

the purpose of dividing it from Zepa and

reducing it to the town area, and with partial

forces in cooperation with the MUP forces,

control the territory, find, block, crush and

destroy DTG, guard the territory, protect the

people and material supplies.”



the Drina Corps, and the forces under his

command.


Command -

Information on

combat results of

units and

commands of 28th

Division of ABiH 2nd

Corps, strictly

confidential No.

04/01-105-603

8-Jul-

95

BiH Army forces in Srebrenica continued

offensive “sabotage” operations even in the

midst of the Serb offensive against the

Srebrenica enclave, according to this document

from Sead Delic, commander of the 2nd Corps

of the BiH Army. The report states that:

“Soldiers of the 28th Army Division located in

Srebrenica and Zepa, although completely

encircled (…) have decided to provide the

largest possible contribution to the struggle

against the aggressor and have intensified

their activities deep inside the PZT /temporarily

occupied territory/ (…) With this aim, a series

of successful sabotage actions were carried out

deep in the PZT, where the following results

were achieved: - 60 Chetniks were liquidated,

and according to unconfirmed reports, the

aggressor suffered even greater losses and had

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26195IT

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many wounded; captured: 16 automatic rifles,

three M-72 light machine-guns; one M-73 light

machine gun, one carbine, two radio stations,

three pistols, 5,000 rounds of ammunition,

several dozen cows and other livestock and

one van was destroyed.”





status. 4D00328 ABiH 2nd Corps

Command - Order

on removal of the

body of a killed

DutchBat soldier,


No. 02/1-709/1

9-Jul-

95

This document from the BiH 2nd Corps

command orders the 28th Division to

immediately allow the removal of a dead

Dutchbat soldier, whose removal had

apparently been obstructed or delayed by

Muslim forces.

Indicative of BiH Army’s systematic obstruction

and evasion of demilitarization agreement,

including obstructing monitoring by

UNPROFOR. Relevant to legality of an armed

invasion of the Srebrenica enclave in July 1995

and the legality and legitimacy of detaining all

military-age men for the purpose of


22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00331 ABiH 28th

Srebrenica Division

Command - Report

on the death of a

Dutch soldier 01-

168

9-Jul-

95

The commander of the 28th Division, based on

his investigation, claims that the deceased

DUTCHBAT soldier was killed by a Serb soldier

and that there was no delay in allowing the

removal of his body. This document is

indicative of deceptive approach by Muslim

forces towards DUTCHBAT, attempting to

obstruct their work intimidate them while

22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

26194IT

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blaming the Serb side.





status.

4D00332 ABiH Command Post

Visoko - Document

No. 2945-7/95

9-Jul-

95

General Nicolai demands that the BiH stop

firing on DUTCHBAT soldiers as they withdraw

from observation posts, noting that a

DUTCHBAT soldier had been killed under these

circumstances.

Indicative of BiH Army’s systematic obstruction

and evasion of demilitarization agreement,

including obstructing monitoring by

UNPROFOR. Relevant to legality of an armed

invasion of the Srebrenica enclave in July 1995

and the legality and legitimacy of detaining all

military-age men for the purpose of


22, 23,

27, 28,

29, 36,

43, 62,

65.

OTP document; bears


source.

4D00348 RS Police Forces

Staff at Pale - Order

by Police Forces

Staff Commander,

No. 71/95

21-

Jul-95

Shows that the 2nd Sekovici Special Police

Detachment is no longer subordinated to Mr

Borovcanin, and is undertaking tasks pursuant

to orders of the Minister of the Interior.

18 Document obtained from

OTP; bears reference

number from source;

bears signature.


Memorandum to

President of the

RBiH Presidency,

Alija Izetbegovic

28-

Jul-95

Rasim Delic reports to the President of BiH that

his forces are attempting to “link up with any

of our groups that may be in the Cerska,

Kamenica, and Konjevic Polje.” Indicative that

the BiH Army continuing combat in areas

through which the column from Srebrenica had

recently passed.

18, 30.4,

30.4.1,

81


OTP; bears reference

number from source;

bears signature of Rasim

Delic.

26193IT

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Relevant to legality of an armed attack on the

column and the legality and legitimacy of

detaining all military-age men in that area for

the purpose of determining their status.


Report on reception

and state of the

units of 28th

Srebrenica Division,

No. 1/825-1744

28-

Jul-95

This document from the Army Chief of Staff

gives a specific accounting of the number of

soldiers from the Srebrenica column who

arrived in Tuzla as of 27 July:

Division Command .. 158

280th lbr /Light Brigade/ 239

281st lbr 270

282nd lbr 202

283rd lbr 294

284th lbr 607

28th bbat /mountain

battalion/

278

volunteers (have not

been in combat yet)

88

undergoing medical

treatment....

143

TOTAL: 2,311

Only a small quantity of weapons is being

brought out at parades, whereas there was

much more in /their/ possession.

Many senior officers have not arrived and, if

they have, they have failed to report to the

unit…”




22, 23,

27, 28,

29, 30.4,

30.4.1

36, 43,

62, 65,

81.

OTP document; bears


source; seal of BiH Army;

signed by Enver

Hadzihasanovic.

26192IT

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age men from Srebrenica and/or the column

for the purpose of determining their status.

4D599 Report from the

Drina Corps

Command

“Commission for

Clearing the

Territory of the

Srebrenica Municipal

Assembly”, signed

by Col Lazar

Acamovic

15-

Jul-95

This report provides an inventory of weapons

and property seized by particular units

following the fall of Srebrenica.

Relevant to the type of weaponry present in

the Srebrenica enclave prior to military

operations. Also relevant to the identity of

forces present in Srebrenica in July 1995 and

the distribution of war booty amongst those

forces.

22, 23,

27, 28,

29, 30.4,

36, 43,

62, 65,

81.


stamp, and reference

number from source.

4D00645 Dispatch from

Zvornik CJB

29-

Apr-94

This dispatch from Dragomir Vasic notifies

police stations that the Zvornik CJB is

operational and prescribes reporting

obligations for police stations within its

jurisdiction.

Relevant to the nature of reporting and

communication as between police stations, in

particular in respect of the Bratunac police

station and other police stations located within

the jurisdiction of the Zvornik CJB.

22, 23,

27, 28,

29, 30.4,

30.4.1

36, 43,

62, 65,

81.


and reference number

from source.

4D00646 Order from the

Command of the

Sarajevo Romanija

Corps, directing

inter alia the

deployment of a

Special Police

Brigade detachment

in the region of

Trnovo

16-

Jul-95

This order from Dragomir Milosevic,

Commander of the Sarajevo Romanija Corps

provides an example of subordination of MUP

forces in combat operations in accordance with

Article 14 of the Law on the Implementation of

the Law on Internal Affairs During an Imminent

Threat of War or a State of War the Law on the

Implementation of the Law on Internal Affairs.

Relevant to nature of Mr Borovcanin’s

22, 23,

27, 28,

29, 30.4,

36, 43,

62, 65,

81.


stamp, and reference

number from source.

26191IT

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resubordination to the Drina Corps, and the

forces under his command.

4D647 Drina Corps request

for foodstuffs

13-

Jul-95

This document requesting delivery of additional

foodstuffs to “units engaged in the liberation of

Srebrenica” gives an indication of the number

of “mobile forces” involved in the Srebrenica

operation that were redeployed to Zepa and to

other areas.

Relevant to the extent of forces not

subordinated to Mr Borovcanin in the area of

Srebrenica during the period of the indictment.

22, 23,

27, 28,

29, 30.4,

36, 43,

62, 65,

81.

Bears a receipt stamp,


source, and a signature.

P00009

(also

P00848)

BiH Srebrenica

Presidency message

01-___/95

9-Jul-

95

Letter from the President of the Presidency of

Srebrenica Municipality to President

Izetbegovic and General Delic insisting that “a

meeting at the level of the state and military

organs of the R BH with the Serbian aggressor

side with the aim of finding a possibility to

open a corridor for the population to move to

the nearest free territory of the R BH under the

control of international factors must be

urgently arranged. WE NEED AN URGENT

REPLY, AT THE LATEST BY 2400 HOURS”.

Demonstrates that the BiH authorities

presumed as an article of faith, even as early

as 9 July 1995, that the civilian population

should be evacuated if the enclave was

defeated militarily.




49, 81 OTP document; content

accurately refers to

events corroborate by

other evidence.

(this document is also on

Miletic and Pandurevic

respective 65ter exhibit

lists, but it’s not admitted

as yet)

26190IT

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P00064 CJB Zvornik report

01-16-02/1-206/95,

signed by Dragomir

VASIC, dated 17

July 1995

17-

Jul-95

Indicative of presence of MUP units not alleged

to be under command of Mr Borovcanin

operating in theatre around Srebrenica.

Confirms testimony of Witness Zoran Jankovic.

Relevant to all charges based on allegation of

command relationship between Mr Borovcanin

and acts by alleged subordinates.

All

paragraph

s

Bears signature of

Dragomir Vasic; OTP

document; bears


source.

P00080 MUP RS - RDB

Sarajevo, Number

05-2037/95 from

Dragan Kijac

14-

Jul-95

RDB report describing movement of the ABiH

column out of the Srebrenica enclave and

ongoing combat.





status. Also relevant to legitimacy of attacks

on the column and on the legality and

legitimacy of detaining all members of the

column for the purpose of determining their

status.

22, 23,

27, 28,

29, 34,

34.1, 36,

43, 62,

65, 81

OTP document; bears


source; content

corroborated by admitted

evidence.

P02508 List of VRS Corps,

units and peacetime

VP, providing

number of VPs and

locations

This list of VRS units, organized by Corps,

provides information on base locations of

various units. Contextually relevant to

discussions concerning the structure of the

VRS and its chain of command as it existed in

July 1995.

All

paragraph

s

OTP document; content


evidence.

P03115 CJB Zvornik

Dispatch No. 12-

6/08-512/95,

regarding the

situation in the area

of the Zvornik CJB,

signed by Dragomir

15-

Jul-95

This letter from Dragomir Vasic describes the

security situation in the area of Zvornik on 15

July 1995, in particular, the movement and

composition of the ABiH column.

Relevant to presence of MUP forces not


18, 30.4,

30.4.1,

81

Document bears


source; OTP document;

content corroborated by

admitted evidence.

26189IT

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VASIC, dated 15

July 1995

Srebrenica during the period of the indictment

and the legality of combat with the column and

the legality and legitimacy of detaining all

military-age men in that area for the purpose


P03117 CJB Zvornik

Dispatch No.

206/95, signed by

Dragomir VASIC

16-

Jul-95

Order from Dragomir Vasic concerning security

of Srebrenica.

Indicative of presence of MUP forces not


Srebrenica during the period of the indictment.

Relevant to all charges based on allegation of

command relationship between Mr Borovcanin

and acts by alleged subordinates.

All

paragraph

s

Document bears signature

of Dragomir Vasic; bears


source; OTP document.

P03118 CJB Zvornik

Document No. 12-

6/08-520/95,

regarding the

activities of VRS and

MUP forces and the

opening of a

corridor, signed by

Dragomir VASIC,

dated 16 July 1995

16-

Jul-95

This letter from Dragomir Vasic describes the

security situation in the area of Zvornik on 16

July 1995, in particular, the movement and

composition of the ABiH column.

Relevant to presence of MUP forces not


Srebrenica during the period of the indictment

and the legality of combat with the column and

the legality and legitimacy of detaining all

military-age men in that area for the purpose


18, 30.4,

30.4.1,

81

Document bears


source; OTP document;


evidence.

P03123 CJB Zvornik

Document No. 01-

16-02/1-218/95,

regarding tasks

completed by CJB

Zvornik, signed by

21-

Jul-95

This letter from Dragomir Vasic provides an

overview of the situation in Srebrenica, and a

summary of activities there by, in particular,

the 2nd Zvornik PJP Company on 12 and 13

July 1995.

18, 30.4,

30.4.1,

49, 81


of Dragomir Vasic; OTP

document; contents


evidence.

26188IT

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Dragomir VASIC,

dated 21 July 1995

Relevant to MUP forces not subordinated to Mr

Borovcanin in the area of Srebrenica during the

period of the indictment. Relevant to all

charges based on allegation of command

relationship between Mr Borovcanin and acts

by alleged subordinates.

P03124 CJB Zvornik

Document No. 01-

16-02/1-221/95,

regarding the tasks

completed and

underway by CJB

Zvornik, signed by

Dragomir VASIC,

dated 22 July 1995

22-

Jul-95

This letter from Dragomir Vasic provides an

update on the activities of certain PJP units in

the area north of Srebrenica.

Relevant to MUP forces not subordinated to Mr

Borovcanin in the area of Srebrenica during the

period of the indictment. Relevant to all

charges based on allegation of command

relationship between Mr Borovcanin and acts

by alleged subordinates.

18, 30.4,

30.4.1,

81


of Dragomir Vasic; OTP

document; contents


evidence; reference

number from source.

26187IT

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