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The above review of information available in the public domain indicates that there is sufficient evidence to establish a prima facie case that Slobodan Milosevic is criminally responsible for the commission of war crimes in Croatia and Bosnia. Specifically, a compelling case may be made that Slobodan Milosevic is individually responsible for the following crimes.
By virtue of direct responsibility:
ordering, planning, and instigating the commission of war crimes in the territory of the former Yugoslavia by Yugoslav Federal forces, and Republic of Serbia forces and agencies;
ordering, planning, and instigating the commission of war crimes in the territory of the former Yugoslavia by Serbian paramilitary agents based out of the Republic of Serbia;
ordering Federal Yugoslav forces and Republic of Serbia forces and agencies to aid and abet the commission of war crimes by Serbian paramilitary agents;
aiding and abetting the commission of war crimes by Serbian paramilitary agents in the territory of the former Yugoslavia;
aiding and abetting the commission of war crimes by the Bosnian Serb Army and the Army of the Republic of Serbian Krajina; and
complicity in the commission of genocide.
By virtue of command responsibility:
failing to prevent or punish the commission of war crimes in the territory of the former Yugoslavia by Yugoslav Federal forces, including the Yugoslav People's Army (JNA) and the Yugoslav Army;
failing to prevent or punish the commission of war crimes in the territory of the former Yugoslavia by Republic of Serbia forces and agencies;
failing to prevent or punish Republic of Serbia forces' aiding and abetting the commission of war crimes by Serbian paramilitary agents, in particular forces under the control of the Serbian Ministry of Defense and Ministry of Internal Affairs; and
failing to prevent or punish the commission of war crimes in the territory of the former Yugoslavia by Serbian paramilitary agents such as Arkan's Tigers, Vojislav Seselj's Chetniks, and Mirko Jovic's White Eagles.
July 1996
PAUL WILLIAMS is the Executive Director of the Public International Law and Policy Group, and a Fulbright Research Scholar at the University of Cambridge. Mr. Williams holds a J.D. from Stanford Law School, and previously served as an Attorney-Adviser in the Office of the Legal Adviser for European and Canadian Affairs at the U.S. Department of State. The Public International Law and Policy Group is a non-profit organization formed for the purpose of providing public international legal assistance to developing states and states in transition.
NORMAN CIGAR is Professor of National Security Studies at the United States Marine Corps School of Advanced Warfighting, Quantico, Virginia. Previously, he was a senior political-military analyst in the Pentagon, where he worked on the Army Staff. He holds a D. Phil. from Oxford. The views expressed here are those of the author and do not reflect the official policy or position of the Department of Defense, the United States Government, the United States Marine Corps, or the Marine Corps University.
THE BALKAN INSTITUTE was formed in May 1995 to educate the public on the nature of the crisis in the Balkans and its humanitarian, political, and military consequences. Through public education and discourse, it seeks to promote a greater understanding and higher level of awareness of the crisis. Its Steering Committee is a bipartisan group of prominent Americans dedicated to promoting democracy, political stability, and economic development in the Balkan region. Steering Committee members include Morris Abram, Morton Abramowitz, Fouad Ajami, Richard Allen, Daniel Bell, Saul Bellow, Henry Bienen, Zbigniew Brzezinski, Richard Burt, Frank Carlucci, Hodding Carter, Walter Cronkite, Dennis DeConcini, Patt Derian, David Dinkins, Paula Dobriansky, Frank Fahrenkopf, Geraldine Ferraro, Henry Louis Gates, Leslie Gelb, Bianca Jagger, Max M. Kampelman, Lane Kirkland, Jeane Kirkpatrick, John Lehman, Ron Lehman, Eugene McCarthy, Frank McCloskey, George McGovern, Paul Nitze, John O'Sullivan, Martin Peretz, Richard Perle, Norman Podhoretz, Eugene Rostow, Donald Rumsfeld, Carl Sagan, Albert Shanker, George Shultz, Henry Siegman, John Silber , Stephen Solarz, Helmut Sonnenfeldt, Susan Sontag, William Howard Taft, Paul Volcker, Elie Wiesel, Albert Wohlstetter, Roberta Wohlstetter, Paul Wolfowitz, and Elmo Zumwalt.
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