Table of contents:
Element:
P.26. Evidence inferred from an utterance, a document or a deed.
P.26.1. Evidence inferred from ordering an attack.
A. Legal source/authority and evidence:
Prosecutor v. Miroslac Deronjić, Case No. IT-02-61, Judgement (TC), 30 March 2004, paras. 87-88:
"87. On the evening of 8 May 1992 at the session of the Crisis Staff, Miroslav Deronjic, in his capacity as President of the Crisis Staff of Bratunac, gave the order to the Bratunac TO, including the police forces in Bratunac,184 to attack the village of Glogova, burn part of it down, and forcibly displace its Bosnian Muslim residents. Miroslav Deronjic was aware on 8 May 1992 that he was ordering the attack on an undefended and disarmed village.185 However, since the Accused was unable to command the JNA units, he only asked them whether they would participate in this.186 He asked Reljic to take an active role rather than simply observing the attack.187 Captain Reljic informed the Crisis Staff that the JNA unit would also participate in the operation.188 Additionally, one of the deputies who was present there said: "Yes, the army will participate, Mr. Deronjic".189"
184. Deronjic Testimony, T. 144.
185. Indictment, paras 29.
186. Deronjic Testimony, T. 144.
187. Ibid., T. 146, 148.
188. Factual Basis, para. 35; Deronjic Testimony, T. 144.
189. Deronjic Testimony, T. 148.
88. Furthermore, the Bratunac Crisis Staff debated the issue of burning Glogova. Miroslav Deronjic said that while it was impossible to forecast the events in Glogova, some houses should be set on fire as a warning to the Muslims in order to spread panic and fear among them and part of the houses should be preserved for refugees. Miroslav Deronjic also said that if fighting erupted, he did not care what happened to the houses.190"
190. Factual Basis, para. 34.
P.26.2. Evidence inferred from a confession.
A. Legal source/authority and evidence:
Prosecutor v. Miroslac Deronjić, Case No. IT-02-61, Judgement (TC), 30 March 2004, para. 90:
"90. The attack on Glogova was a joint operation. The attacking forces were comprised of members of the JNA (Reljic's unit), the Bratunac TO, the Bratunac police, and paramilitary "volunteers" from Serbia (hereinafter "attacking forces"). Miroslav Deronjic confessed that he co-ordinated and monitored the attack on Glogova.193 However, during the Sentencing Hearing, he claimed that he did not know that the "volunteers" would participate in this action in Glogova.194"
193. Factual Basis, para. 36; Deronjic Testimony, T. 159-60.
194. Deronjic Testimony, T. 145.
P.27. Evidence inferred from a circumstance.
P.27.1. Evidence inferred from the inhabitants having gone away to hide in the woods.
A. Legal source/authority and evidence:
"586. The accused Radomir Kovac, too, was fully aware of the attack against the Muslim villagers and aware of the fact that his acts were part of the attack. According to several Defence witnesses, Kovac himself said that Muslims, in particular Muslim women, were in danger or at risk in Foca. Kovac personally took part in the violent take-over of Trosanj on 3 July 1992, an undefended village whose inhabitants had taken to the woods in fear. During the attack, several villagers were killed or beaten up and the women were rounded up. The Trial Chamber notes that two of the women who were later kept in Kovac's apartment, FWS-87 and FWS-75, had actually been captured in this village that very day. Kovac knew and conceded that the four women were civilians.1372"
