When queried as to whether Slobodan Milosevic is ultimately responsible for the widespread and systematic atrocities that have been committed in the former Yugoslavia, most policy-makers will readily indicate that of course everyone "knows" that Slobodan Milosevic is responsible for the worst atrocities to plague Europe since WWII. They often add, however, that there is simply no "proof" that he ordered the commission of these atrocities.
Recognizing that it is not possible to orchestrate ethnic cleansing and genocide on the scale that has occurred in the former Yugoslavia without leaving some proof of one's responsibility, this study seeks to examine whether there is sufficient information available in the public domain to establish a prima facie case that Slobodan Milosevic is individually responsible for the commission of war crimes in the former Yugoslavia.
In order to ascertain Slobodan Milosevic's individual responsibility for war crimes, this study does not seek to develop any creative legal devices for attaching liability, but rather limits itself strictly to legal avenues as set forth in the statute, rules of procedure and evidence, and the previous indictments of the International Criminal Tribunal for the Former Yugoslavia. Similarly, the study relies upon information that is widely available in the public domain, including accounts from senior Serb paramilitary leaders -- such as "Arkan" and Vojislav Seselj -- and officials in Slobodan Milosevic's own government, as well as information collected by international organizations and foreign governments.
Based upon an examination of the legal precedent of the International Criminal Tribunal and the publicly available evidence, this study concludes that there is a compelling legal and factual case that Slobodan Milosevic, through forces and agencies under his control, is responsible for directing and aiding and abetting war crimes on an extensive scale. Specifically:
Yugoslav Federal and Republic of Serbia forces and agencies and their paramilitary agents committed widespread atrocities in Croatia and Bosnia against both civilians and prisoners of war. These atrocities included the criminal acts of killing, expulsion, rape, detention in concentration camps, forced labor, torture, mutilation, and the looting and destruction of property. All of these acts were perpetrated on a large scale, and often with severe brutality.
Slobodan Milosevic, by virtue of his formal positions and informal power base, exercised power, influence, and control over the Yugoslav Federal and Republic of Serbia forces and agencies and their paramilitary agents responsible for the commission of war crimes.
By virtue of Slobodan Milosevic's official and/or effective control over forces responsible for the commission of war crimes, he may be held individually responsible for ordering, planning, or instigating those crimes.
By virtue of Slobodan Milosevic's official and/or effective control over Serbian Republic forces and agencies, such as Serbia's Ministry of Defense and Ministry of Internal Affairs, that were active in the initial organization of Serbian paramilitary agents, including the provision of financial resources and weapons, and that provided their paramilitary agents with access to Croatia and Bosnia, Slobodan Milosevic may properly be held individually responsible for the war crime of aiding and abetting the commission of war crimes.
Slobodan Milosevic, as the superior authority over Yugoslav Federal and Republic of Serbia forces and agencies, is individually responsible for failing to prevent or punish their commission of war crimes.
This study therefore finds that it is possible and reasonable to construct a prima facie case for the indictment of Slobodan Milosevic for the commission of war crimes in the former Yugoslavia.
TABLE OF CONTENTS
War Crimes and Individual Responsibility:
A Prima Facie Case for the Indictment of Slobodan Milosevic
B. Basic facts and definitions
1. International Criminal Tribunal for the Former Yugoslavia
2. Slobodan Milosevic
3. Yugoslav Federal Army and security forces
4. Republic of Serbia forces and agencies
5. Serbian paramilitary agents
C. Sources
II. The legal basis of individual responsibility for the commission of war crimes
A. Acts or omissions constituting a war crime
B. Defining individual responsibility for the commission of war crimes
C. Establishing individual responsibility for the commission of war crimes
A. The commission of war crimes by Yugoslav Federal forces
1. Vukovar
2. Srebrenica
B. The commission of war crimes by Republic of Serbia forces and agencies
1. War crimes committed by the Republic of Serbia forces and agencies operating in the territory of the former Yugoslavia 6
2. War crimes committed by Serbian paramilitary agents in the territory of the former Yugoslavia under the direction of
Republic of Serbia forces and agencies
C. The commission of war crimes by Serbian paramilitary agents
1. Arkan's Tigers (SDG)
2. Affiliated Serbian paramilitary agents
A. Slobodan Milosevic directed the commission of war crimes
1. Slobodan Milosevic exercised power, influence, and control over the Yugoslav Federal forces and agencies
a. By virtue of the fact that Republic of Serbia institutions under the official and actual control of Slobodan Milosevic have absorbed or pre-empted Federal institutions and their functions, Slobodan Milosevic exercised power, influence, and control over those institutions
b. As a formal member of the Yugoslav Supreme Defense Council, Slobodan Milosevic exercised power, influence, and control over the JNA and Yugoslav Army
c. By virtue of his political power base in the region, Slobodan Milosevic exercised power, influence, and control over Yugoslav Federal institutions, including the JNA and Yugoslav Army
d. Slobodan Milosevic demonstrated his power, influence, and control over the political and military institutions of the Yugoslav Federal government by his control of Yugoslav foreign policy and representation of the Federal Republic of Yugoslavia during international negotiations
2. Slobodan Milosevic exercised power, influence, and control over the Republic of Serbia forces and agencies
a. As the President of the Republic of Serbia, Slobodan Milosevic exercised power, influence, and control over the Republic
of Serbia forces and agencies
b. As the President of the ruling Socialist Party of Serbia, Slobodan Milosevic exercised power, influence, and control over
the Republic of Serbia forces and agencies
3. Slobodan Milosevic exercised power, influence, and control over Serbian paramilitary agents
a. As formal units of the command structure of the Yugoslav Federal forces, Serbian paramilitary agents were subject to Slobodan Milosevic's power, influence, and control
b. As informal units of the command structure of the Republic of Serbia forces and agencies, Serbian paramilitary agents were subject to Slobodan Milosevic's power, influence, and control
C. Summary
V. Whether Slobodan Milosevic is individually responsible for aiding and abetting the
commission of war crimes in Bosnia and Croatia by virtue of the fact that Serbian forces under his power, influence, and
control aided and abetted the commission of war crimes by Serbian paramilitary units, as well as the Bosnian
Serb Army and the Army of the Republic of the Serbian Krajina
1. Republic of Serbia forces and agencies had notice that Serbian paramilitary agents would commit war crimes
2. Republic of Serbia forces and agencies were active in the initial organization of Serbian paramilitary agents
3. Republic of Serbia forces and agencies were active in the provision of financial and other necessary resources for Serbian paramilitary agents
4. Republic of Serbia forces and agencies were active in the provision of weapons for Serbian paramilitary agents
5. Yugoslav Federal forces engaged with paramilitary agents operating in Bosnia and Croatia in joint operations that had the effect of aiding and abetting the commission of war crimes
6. Republic of Serbia forces and agencies facilitated the expulsion of Muslim civilians from Bosnia by Serbian paramilitary
agents and their subsequent illegal expropriation of Bosnian property
1. Yugoslav Federal forces engaged in joint operations with the Bosnian Serb Army and the Army of the Republic of the Serbian Krajina
2. Yugoslav Federal forces provided the Bosnian Serb Army and the Army of the Republic of the Serbian Krajina with substantial material support
3. Yugoslav Federal forces provided the Bosnian Serb Army and the Army of the Republic of the Serbian Krajina with both funding and personnel
1. Slobodan Milosevic had actual notice of the commission of war crimes by those under his superior authority by virtue of
the fact that he received regular reports related to the activities of those responsible for war crimes
2. Slobodan Milosevic had constructive and imputed notice of the commission of war crimes by those under his superior
authority by virtue of the fact that frequent and regular public reports were made of the activities of those responsible for war crimes
1. Slobodan Milosevic failed to take action within his power to prevent the commission of war crimes
a. Slobodan Milosevic failed to prevent the commission of war crimes when it was within his power to do so
b. Slobodan Milosevic, in some instances, facilitated the commission of war crimes 25
2. Slobodan Milosevic failed to take measures within his power to punish those responsible for war crimes
a. Slobodan Milosevic failed to punish those responsible for the commission of war crimes when it was within his power to do so
b. Slobodan Milosevic permitted actions by agencies under his official control that legitimized individuals responsible for the commission of war crimes
c. Slobodan Milosevic, in some instances, promoted those individuals responsible for the commission of war crimes
TEXT OF ARTICLE:
War Crimes and Individual Responsibility: A PRIMA FACIE CASE FOR THE INDICTMENT OF SLOBODAN MILOSEVIC