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Judge's Words: 'Cleansing Became Genocide'

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New York Times
August 3, 2001

Following are excerpts from the sentencing judgment read yesterday by Presiding Judge Almiro Rodrigues, as provided by the International Criminal Tribunal for the Former Yugoslavia:


It is clear that the principal question which arose was whether genocide was committed against, in the prosecutor's words, "a part of the Bosnian Muslim people as a national, ethnical, or religious group." . . .

The fact that serious bodily or mental harm was inflicted on the Bosnian Muslims or that they were murdered has not been disputed. The Trial Chamber considers that one also cannot dispute the fact that the victims were chosen because of their membership in a national group, that is, precisely because they were Bosnian Muslims. . . .

The Trial Chamber is not stating, nor does it wish to suggest, that a plan to commit genocide existed prior to the attack on Srebrenica or even right before the city fell. However, according to the Appeals Chamber decision in the Jelisic case, a plan of genocide need not have been formed. Nor is it indispensable that, should such a plan exist, some time must pass between its conception and its implementation.

What we are asserting here, on the basis of all the evidence presented to us, is that a decision was first taken to carry out "ethnic cleansing" of the Srebrenica enclave. . . . However, for reasons the Trial Chamber has been unable to clarify, the decision was then taken to kill all the men of fighting age. The result was inevitable: the destruction of the Bosnian Muslim population in Srebrenica. At issue is not only the commission of murders for political, racial or religious reasons, which already constitutes a crime of persecution. At issue is not only extermination of the Bosnian Muslim men of fighting age alone. At issue is the deliberate decision to kill the men, a decision taken with complete awareness of the impact the murders would inevitably have on the entire group. By deciding to kill all the men of Srebrenica of fighting age, a decision was taken to make it impossible for the Bosnian Muslim people of Srebrenica to survive.

Stated otherwise, what was ethnic cleansing became genocide. . . .

In order to establish the possible responsibility of General Krstic for these crimes, the Trial Chamber took account of his position as deputy commander and then commander of the Drina Corps at the time these crimes were committed. The Drina Corps, as I have already said, had authority over the entire area in which the crimes took place. . . .

On the evening of 13 July, I repeat — 13 July — you took command of the Drina Corps and signed your first order as the corps commander around 20.30 hours. On 14 July, you launched the attack on Zepa. Nonetheless, you remained perfectly well informed of what was going on in the area to the north of the town of Srebrenica. In the night of 14-15 July, troops from the Zvornik Brigade [part of the Drina Corps] moved up from Zepa toward Srebrenica, and you knew why they were doing that. On 15 July in the morning, the security chief of the Main Staff called you and asked for your help in dealing with "3,500 packages."

You knew exactly what was meant by "packages," General Krstic — Bosnian Muslims who were to be executed. You expressed your displeasure. That same officer told you that the MUP forces, the Interior Ministry police, did not want to do it. You said you would see what you could do. On 16 July, some of your subordinates, men from the Bratunac Brigade, participated in the mass executions at the Branjevo military farm. On 16 July, the security chief of the Drina Corps whose commander you were, continued to keep you informed about the situation. You asserted to the Trial Chamber that, subsequently, you wanted to take measures against that officer, but out of fear of reprisals against yourself or, more specifically against your family, you decided not to. The Trial Chamber, however, found nothing to confirm your assertions. Not a single soldier of the Drina Corps was punished for the murder of one or several Bosnian Muslims. On the contrary. . . . General Krstic, you were seen being congratulated for the action you took in Srebrenica. You were seen right next to General Mladic, when in December 1995 a ceremony was organized for the Drina Corps. . . .

You are guilty of the persecution suffered by the Bosnian Muslims of Srebrenica. Knowing that the women, children and old people of Srebrenica had been transferred, you are guilty of having agreed to the plan to conduct mass executions of all the men of fighting age. You are therefore guilty of genocide, General Krstic.


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FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. Global Policy Forum distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.