On the basis of the evidence
presented by the Prosecution, the Trial Chamber was in no
doubt that a prima facie case against Karadzic and Mladic
had been established on the basis of their superior
authority.
"Radovan
KARADZIC’s central role in the political and
military preparation of the take-over by the Serbs of
Bosnia and Herzegovina appears clearly. All of the
evidence and testimony tendered by the Prosecutor
shows that since July 1990 Radovan KARADZIC has been
the unchallenged leader of the Bosnian Serbs. His
actions and statements demonstrate not only that he
was aware of his subordinates’ doings, but also,
and above all, that he endorsed their behaviour, that
he participated from the first moment on in the
planning of the policy of "ethnic
cleansing" in Bosnia and Herzegovina and that he
himself was in a position to order the Bosnian
Serbs’ operations which led to the commission of
offences charged.
. . .
His [Ratko MLADIC] knowledge
of and involvement in the offences in the indictments
have been sufficiently proven at this stage of the
proceedings. … His knowledge of the obligations
under international humanitarian law and generally
speaking of the prohibited acts committed, as well as
the absence of any disciplinary measure to punish the
serious violations perpetrated by his subordinates,
have been sufficiently proven at this stage of the
proceedings."
The assembly and co-ordination
of the various Serbian/FRY forces which were present on
the ground in Kosovo indicates a sophisticated level of
planning and instruction for the campaign to be thus
orchestrated and, consequently, a considerable degree of
power within the Serbian/FRY State hierarchy. At this
time, all power within the FRY emanates from one source,
the President, Slobodan Milosevic, and it cannot be
doubted that he has, since the beginning, been intimately
connected with the entire course of the conflict. Since
1989, President Milosevic has closely controlled all
aspects of life within Serbia and has carefully organised
the structure of the Republic, as well as of the FRY, in
a manner which ensures his domination. As Chief of the
Supreme Defence Council, Milosevic ordered the
utilisation of the VJ in Kosovo, despite the objections
of the Montenegrin premier44. At the same time, he favoured the
deployment of huge numbers of police forces, whom he was
able to control through his national security adviser and
head of Serbian State security, Jovica Stanisic, and
through the head of the Serbian public security
department, Vladimir Djordevic. Since the involvement of
the international community in attempts to resolve the
Kosovo conflict,
- According to the Constitution of
the FRY, the President is the chief of the
Supreme Defence council, in control of the
Yugoslav Army. Article 135 thus reads:
In wartime and peacetime, the Army of Yugoslavia
shall be under the command of the President of
the Republic, pursuant to decisions by the
Supreme Defense Council.
The Supreme Defense Council shall be made up of
the President of the Republic and presidents of
the member republics.
The President of the Republic shall preside over
the Supreme Defense Council.
Article 136 then reads:
The President of the Republic shall appoint
promote and dismiss from service officers of the
Army of Yugoslavia stipulated by federal law;
shall appoint and dismiss the president, judges
and judge assessors of military tribunals and
military prosecutors.
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