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TABLE OF CONTENTS

I. INTRODUCTION
II. FINDINGS OF FACT

A. The Take-Over of Srebrenica and its Aftermath

1. 1991-92: The Break-Up of the Former Yugoslavia
2. 1992-1993: Conflict in Srebrenica
3. April 1993: The Security Council Declares Srebrenica a “Safe Area”
4. Early 1995: The Situation in the Srebrenica “Safe Area” Deteriorates
5. Spring 1995: The Bosnian Serbs Plan To Attack the Srebrenica “Safe Area”
6. 6-11 July 1995: The Take-Over of Srebrenica
7. The Bosnian Muslim Civilians of Srebrenica

(a) The Crowd at Potocari

(i) The Humanitarian Crisis in Potocari: 11-13 July 1995

(ii) 12-13 July: Crimes Committed in Potocari
(iii) 12-13 July 1995: The Transport of the Bosnian Muslim Women Children and Elderly from Potocari
(iv) The Separation of the Bosnian Muslim Men in Potocari

(b) The Column of Bosnian Muslim Men

8. The Execution of the Bosnian Muslim Men from Srebrenica
9. Forensic Evidence of the Executions
10. The Number of Men Executed by the Bosnian Serb Forces Following the Take-over of Srebrenica in July 1995
11. A Plan to Execute the Bosnian Muslim Men of Srebrenica
12. Widespread Knowledge of the Crimes
13. The Impact of the Crimes on the Bosnian Muslim Community of Srebrenica
14. Conclusions

B. The Role of the Drina Corps in the Srebrenica Crimes

1. Preliminary Matters

(a) Background to the Drina Corps
(b) Codes and Numbers Used by the Drina Corps in July 1995
(c) Reliability of Intercepted Communications

2. Krivaja 95 39

(a) The Objective of Krivaja 95
(b) The Shelling of Srebrenica: Terrorisation of the Civilian Population

3. Involvement of Drina Corps Personnel in the Events at Potocari: 11-13 July 1995

(a) Transport of the Bosnian Muslim Civilians out of Potocari

(i) Meeting at Hotel Fontana on 11 July 1995 at 2000 Hours
(ii) Meeting at the Hotel Fontana on 11 July 1995 at 2300 Hours
(iii) Meeting at the Hotel Fontana on 12 July 1995 at 1000 Hours
(iv) Organisation of the Buses
(v) The Presence of Drina Corps Officers in Potocari on 12 and 13 July 1995
(vi) A Forced or Voluntary Movement?

(b) The Crimes Committed in Potocari on 12-13 July 1995

(c) The Separation of the Men in Potocari

4. Involvement of the Drina Corps in Action against the Bosnian Muslim Column

(a) Combat against the Column
(b) Capture of Bosnian Muslim Men from the Column

(i) General Knowledge that Bosnian Muslim Men were Being Captured from the Column
(ii) 13 July 1995: Participation in the Capture of Prisoners along the Bratunac -Konjevic Polje Road
(iii) 12-15 July 1995: Involvement with the Detention of Bosnian Muslim Prisoners in Bratunac
(iv) 13-16 July 1995: Zvornik Brigade Knowledge of Bosnian Muslim Prisoners detained in its Zone of Responsibility
(v) Capture of Prisoners during Drina Corps Sweep Operation in the Former Enclave

5. Involvement of the Drina Corps in the Mass Executions

(a) The Morning of 13 July 1995: Jadar River Executions

(b) The Afternoon of 13 July 1995: Cerska Valley Executions
(c) Late Afternoon of 13 July 1995: Kravica Warehouse
(d) 13-14 July 1995: Tisca
(e) 14 July 1995: Grbavci School Detention Site and Orahovac Execution site
(f) 14 - 15 July 1995: Petkovci School Detention Site and Petkovci Dam Execution Site
(g) 14 - 16 July 1995: Pilica School Detention Site and Branjevo Military Farm Execution Site
(h) 16 July 1995: Pilica Cultural Dom
(i) Kozluk 89
(j) Smaller Scale Executions following the Mass Executions
(k) The Reburials

6. The Chain of Command in Operation for the Drina Corps: July 1995

(a) Parallel Chains of Command

(i) Did the VRS Main Staff exclude the Drina Corps Command from the Srebrenica Follow -up Operations?
(ii) Were the Security Organs Operating in Secret?

(iii) Conclusions

(b) Responsibility of the Drina Corps Command for the Actions of Non-Drina Corps Units Operating in the Drina Corps Area of Responsibility in July 1995

(i) The 10th Sabotage Detachment
(ii) The 65th Protection Regiment
(iii) The MUP

7. Conclusions about the Involvement of the Drina Corps in the Srebrenica Crimes

C. The Role of General Krstic in the Srebrenica Crimes

1. Background Information
2. Summary of the Defence Case
3. The Command Position Held by General Krstic Throughout the Relevant Period

(a) The Evidence
(b) Conclusions

4. The Role of General Krstic in Krivaja 95
5. 12-13 July 1995: The Role of General Krstic in the Removal of the Bosnian Muslim Women, Children and Elderly from Potocari

(a) Attendance at the Hotel Fontana Meetings
(b) Organisation of the buses
(c) Presence in Potocari

(i) 12 July 1995
(ii) 13 July 1995

(d) Efforts Made by General Krstic to Ensure the Safety of the Bosnian Muslim Civilians Transported out of Potocari

6. The Role of General Krstic in the Executions

(a) Evolution of the Plan to Execute the Military Aged Bosnian Muslim Men of Srebrenica
(b) Separation and Mistreatment of the Bosnian Muslim Men in Potocari
(c) Separation of the Bosnian Muslim Men in Tisca

(d) The Bosnian Muslim Column and the Capture of Prisoners
(e) General Krstic’s Involvement in the Executions

(i) General Krstic and Colonel Beara Discuss the Deployment of Troops to Assist in the Executions: 15 July 1995
(ii) The Recall of Colonel Pandurevic and the Zvornik Brigade from Zepa: 15 July 1995
(iii) Knowledge of Colonel Popovic’s Activities on 16 July 1995
(iv) Conversation Between General Krstic and “OA” about the Executions on 20 July 1995
(v) Contact Between General Krstic and Other Individuals Involved in the Executions

7. Other Evidence that General Krstic Remained Informed of Events Occurring in Srebrenica Before and After the VRS Military Take-Over on 11 July 1995
8. The Role of General Krstic in the Reburial and Cover-up Operations
9. The Response of General Krstic to the Executions

D. Conclusions
E. Summary of the Trial Chamber’s Key Factual Findings

(i) General Findings
(ii) Findings Relating to the Drina Corps
(iii) Findings Relating Specifically to General Krstic

III. LEGAL FINDINGS

A. Introduction
B. Murders
C. Extermination

1. Definition
2. Findings

D. Mistreatments

1. Serious bodily or mental harm
2. Cruel and Inhumane Treatment

E. Deportation or Forcible Transfer

1. General Considerations
2. Evaluation of the facts

(a) Lawfulness of the transfer
(b) The compulsory nature of the transfer
(c) The fact of the transfer within the borders of Bosnia-Herzegovina

F. Persecutions
G. Genocide

1. Actus reus
2. Mens rea

(a) A group, as such
(b) Intent to destroy the group in whole or in part

(i) Intent to destroy
(ii) “In part”

H. Criminal Responsibility of General Krstic

1. Introduction
2. The criminal responsibility of General Krstic for the crimes proved at trial

(a) General Krstic’s responsibility for the crimes committed at Potocari
(b) General Krstic’s criminal responsibility for the killing of the military-aged Muslim men from Srebrenica

(i) Participation in the genocidal joint criminal enterprise to kill the military-aged men
(ii) Participation in the other crimes constituted by the killings
(iii) Responsibility for the killings under Article 7(3)

(c) Conclusions on General Krstic’s criminal responsibility

I. Cumulative charging and convictions

1. Applicable Law

(a) Cumulative Charging
(b) Cumulative Convictions

(i) Submissions of the Parties
(ii) The Test Laid down by the Appeals Chamber in the Celebici Case (« the Test  »)

2. Application of the Test to the Concurrent Offences Specified in the Indictment

(a) The Concurrent Offences Characterising “the campaign of terror” in Potocari and the Subsequent Forcible Transfer of the Bosnian Muslim Civilians from 10 to 13 July 1995

(i) Relationship between Offences under Article 3 and Offences under Article 5
(ii) Relationship between Murder under Article 5 and Persecutions
(iii) Relationship between Persecutions (forcible transfer) and Other Inhumane Acts (forcible transfer)
(iv) Conclusions

(b) The Concurrent Offences Characterising the Murders Committed Against the Bosnian Muslim Civilians from 13 to 19 July 1995

(i) Relationship Between Offences under Article 3 (war crimes) and Article 4 (genocide ) and between Article 3 (war crimes) and Article 5 (crimes against humanity)
(ii) Relationship Between Offences under Article 4 (genocide) and Article 5 (crimes against humanity)

3. Conclusions

IV. SENTENCING

A. The Applicable Provisions
B. General Sentencing Principles

1. General Practice on Prison Sentences in the former Yugoslavia
2. Gravity of the Crime
3. Personal Situation of the Accused

(a) Aggravating Circumstances

(i) Criminal Participation
(ii) Premeditation and Motives of Crimes

(b) Mitigating Circumstances

(i) Mitigating Circumstances Concomitant with the Commission of the Crimes
(ii) Mitigating Circumstances Posterior to the Commission of the Crimes

C. Determination of General Krstic’s Sentence

V. DISPOSITION