COUNT 4
(MURDER)
Pursuant to Articles 5(a), 7(1), and 7(3) of the Statute of the Tribunal
Hon chair, respectable judges, I am here to present the case against the accused “radislav
krstic”. We are charging the accused under article 5 (a) for murder of thousand of bosnian
muslims civilians including men, women, children and elderly persons, however considered that
the accused was not directly a part of the murders, we need to establish the chain of command
responsibility over the proof committing the actions, thus we seek to establish that the accused
is liable under article 7(3).
Before we look into the acts under 7(3), under article 5(a) we see that :
Forensic teams from the Office of the Prosecutor—led by experts such as Dean Manning and
William Haglund—unearthed mass graves across Eastern Bosnia, containing hundreds of
decomposed bodies. These bodies bore execution-style injuries—gunshots to the back of the
head, hands tied with wire. In one site, bullet fragments matched Drina Corps-issued weapons.
Bodies were moved and reburied to cover up the crimes—a clear sign of premeditation.
DNA evidence, presented by Dr. Thomas Parsons, identified individual remains, linking them
directly to missing persons from Srebrenica. These were not combatants. They were fathers,
sons, scholars, and children—executed systematically.
However, considering that the accused was not directly a part of the murders, we need to
establish the chain of command responsibility over the proof committing the actions, thus we
seek to establish that the accused is liable under article 7(3).
In order to establish article 7(3) we first look to the elements that being -
1. Their existed a superior-subordinate relationship between the commander and the accused
2. The accused knew or had reason to know that the crime was about to be or had been
committed.
3. the accused failed to take the necessary and reasonable measures to prevent the crime or
punish the perpetrator thereof.
To establish this let us look at several testimonies, in the form of internal logs.
Survivor testimonies—including those of Witnesses M and A—describe how Bosnian Muslim
men were deceived into believing they were being evacuated for safety, only to be separated
from the rest of the population. Instead of providing an escape, the “evacuation” process was
used to isolate and target the military-aged men, who were subsequently detained and
executed. This tactic of deception underlines the premeditated intent behind these actions.
Witness M and his companions came across a mass grave near Cerska, which they believed
contained the bodies of victims from the 13 July 1995 executions. | T-Witness M, T. 2752
Witness A described the chaotic and inhumane conditions that prevailed in the UN compound at
Potošari. According to the testimony, refugees witnessed indiscriminate violence and heard
orders that implicitly or explicitly indicated that no survivors were to be left.
Aerial photos show that the earth in this spot was disturbed between 5 July and 27 July 1995. -
Ruez, T. 689, P 16/2. Referring to the anonymity of witness A, the testimony was
cross‑corroborated by forensic evidence (e.g. execution‑style injuries and re‑burial operations)
and intercepted communications that confirm the premeditated nature of the operation.
While the exact transcript page numbers and isolated exhibit labels exclusively attributed to
Witness A are embedded within the larger compendium of testimonies and corroborative
exhibits (such as P 404/88, P 77/26, and related “T.” page groupings in the 890–910 range), her
contribution remains a central part of the narrative that the Prosecution advanced.
The deception of Bosnian Muslim men through a false “evacuation” process designed to isolate
and subsequently execute them. On these grounds we contend article 7(3) which overviews
command responsibility.
We also convict the accused Under article 7(1) which
overviews individual criminal responsibility :
● Part II.B.5 – “Involvement of the Drina Corps in the Mass Executions”
● Part II.B.6 – “The Chain of Command in Operation for the Drina Corps: July 1995”
These sections detail how the Drina Corps organized transport logistics, including the
allocation of fuel and buses for prisoner movement—not civilian evacuation. Bulldozers were
later used to bury and rebury bodies, consistent with efforts to conceal evidence.
Supporting Witnesses and Exhibits (commonly cited):
● Colonel Pandurević and Zvornik Brigade documents
● Evidence by Mr. Richard Butler (military analyst for OTP)
Dražen Erdemović Testimony (Branjevo Farm)
Relevant Section:
● Part II.B.5(g) – “15–16 July 1995: Branjevo Military Farm Execution Site”
● Part III.B & III.G – Legal findings on murder and genocide
Erdemović, a member of the 10th Sabotage Detachment, testified that he and others
executed around 1,200 men at Branjevo Farm. He stated that the operation was organized
and logistically supported by the Drina Corps, particularly under orders from Colonel Beara
(VRS Main Staff Security Officer).
His testimony was pivotal because he:
● Admitted personal involvement,
● Provided exact timelines, vehicle arrangements, and location logistics,
● Explained that the killings were not spontaneous, but pre-planned and militarily
supported.
Erdemović admitted personal participation — clearly “committed” under 7(1).
His statement that the operation was organized by senior Drina Corps officials implicates them
under “planned”, “aided and abetted”, and “instigated”.
Thank you!!
