December 1998

The responsibility of superiors is regulated by Article 7 para 3 of the Tribunal's Statute.

This provision stipulates that the fact that any of the crimes set out in the Statute has been committed by a subordinated person does not free his superior from criminal responsibility in case the latter knew or had reason to know that his subordinate would commit such offences or that he had committed them and had failed to undertake the necessary and reasonable measures to prevent such actions or to punish the perpetrator.

Hence, this responsibility has been defined very broadly.

This type of responsibility has been the subject of very extensive discussions in proceedings before the Tribunal, particularly in the Blaškić case and the Čelebići camp case. As a rule, the Prosecutor's Office of the Tribunal insists on the broadest definition of this responsibility. In certain instances, it is believed that even advice can be the basis for this responsibility.

Nevertheless, we can note the following as the prevailing and disputable positions in the Tribunal's hitherto practice, which is largely based on the modest practice of application of Articles 86 and 87 of the Supplementary Protocol and the 1949 Geneva Conventions:

The responsibility of the chain of command is an inappropriate term for this type of responsibility because it is much broader as, in addition to the command which is typical of the military and the police, it also encompasses every system of superiority in everything including the civilian authorities and all other organs and organizations.

Secondly, the superiority relationship need not be direct relative to the actual perpetrator of the crime; also responsible may be somebody from higher officers in the chain of command. Even several superiors may be held responsible for acts committed by one of their subordinates.

Responsibility may be not only de iure but also de facto and combined.

Finally, we must establish that there was a real possibility of the superior controlling the subordinate.

The offence, of course, must be committed by the subordinate and as has been stated the superior must know or have

reason to know that the subordinate has committed or will commit any of the crimes defined by the Statute.

Finally, one more condition is that the superior has failed to undertake necessary or reasonable measures to prevent commission of the crime or punish the perpetrator.

If we define the responsibility of the superiors in the above manner there cannot be any doubt that Alija Izetbegović, too, is responsible for the crimes committed against the Serbian people in the territory of the municipality Konjic and particularly in the Čelebići camp.

We shall here only mention the fact that according to the 1991 census there were 7,700 inhabitants of Serbian nationality while as early as in late 1992 only 280 were left; by the way, Konjic was always in the hands of the authorities presided over by Alija Izetbegović and this municipality is adjacent to Sarajevo municipalities. It is absolutely impossible that he knew nothing of the Serbs' exodus and the genocide against that people in the mentioned region. On the other hand, he did nothing to prevent that, on the contrary, nor did he punish those responsible.

We shall point also to numerous other circumstances which speak in favour of Alija Izetbegović's responsibility for the crimes against the Serbian people in the Čelebići camp.

By his indictment No. IT-96-21-1 confirmed on 21 March 1996 the Prosecutor of the Hague Tribunal initiated proceedings against Zejnil Delalić, Zdravko Mucić, Hazim Delić and Esad Landžo for crimes against the Serbian civilians in the territory of the municipality Konjic. Some 500 Serbs were killed, deprived of their property, raped, beaten and tortured in other ways in that camp during 1992.

Such treatment stopped only when the International Red Cross and the international public exerted pressure on the Bosnian authorities. However, the Bosnian authorities and their President must certainly have known much more about that camp than the International Red Cross and the international public. Nevertheless, they did not want this treatment to stop nor to close down that camp but only did it when put under pressure to do so.

Members of the families of the incarcerated Serbs received similar treatment when they arrived to visit their next- of-kin or to bring them something, which was only allowed in the second half of 1992 after the visits of the International Red Cross. But, it was strange that any of the members of their families in that territory would stay as observed by the Tribunal's Prosecutor in his closing speech at the hearing against Delalić et al.

Not a single victim of this treatment of the Bosnian Muslim-Croat authorities was tried in court, nor convicted for any offence, as borne out by the Tribunal's Prosecutor in his closing statement at the hearing.

The very top of the mentioned authorities kept a close eye on the Camp at Čelebići constantly. Zejnil Delalić, who virtually established the camp and appointed his friend Zdravko Mucić as its commander was appointed by Alija Izetbegović in person.

The camp was by no means an isolated remote facility. On the contrary. It was situated some 50 kilometers away from the Sarajevo municipalities, along the highway and the railway line connecting Sarajevo with the capital of Herzegovina - Mostar and stretching further on to the Adriatic Sea. It was always located on the main Bosnian trunk road, the road which in wartime conditions was the life-line of the Muslim-Croat state. This strategic importance of this territory is the reason behind the genocide which the Muslim-Croatian authorities committed against the Serbian people which used to inhabit the area along the highway.

Hence, as well as because of the reasons mentioned below, the top-ranking authorities had daily access to information about the goings-on in the mentioned camp.

The camp and its environs were always under the control of the above authorities they were never occupied nor surrounded.

Several TV programmes were made in the camp while it was in existence, both by the Sarajevo TV and by certain Arab TV stations. These programmes were broadcast certainly in Sarajevo as well which certainly reached A. Izetbegović. A Haraz el Asad was a cameraman for an Arab TV station and he testified for the defence before the Hague Tribunal.

The permits for TV shooting of the camp by domestic and foreign TV crews must have been issued by the top-ranking authorities.

The HQs of the Territorial Defence of Konjic, which played a decisive role in the set-up and maintenance of the camp was directly subordinated to the authorities in Sarajevo, according to the Prosecutor's Office of the Tribunal and witness- expert J. Gow who testified at the hearing in the Hague on 1 December 1997.

At the end of July 1992 a huge quantity of weaponry was reloaded in the camp from several scores of large lorries all carrying the emblem of the International Red Cross. The reloading was done by the inmates and the weaponry was smeared with dates and oil which indicates that it must have come from some Arab countries. This event is common knowledge for at least 100 inmates who reloaded the lorries and this is a notorious fact in proceedings before the Tribunal although both the Defence and the Prosecutor avoid mentioning it. Given that weapons were in short supply and that the Muslim-Croat forces suffered heavy defeats, it is impossible not to infer that the reloading was done with the knowledge and according to the instructions of the Supreme Military Commander. It is illogical not to assume that the procurement of this huge quantity of weapons from abroad was done at the instructions and with the knowledge of A. Izetbegović.

The camp was visited by Alija Izetbegović's closest associates like for example General J. Divjak, who testified about it before the Tribunal.

Alija Izetbegović visited the camp on several occasions.

In addition to the above mentioned circumstances which point not only to A. Izetbegović' knowledge about the existence and operation of the camp but also, given the circumstances, to his visits to the camp, there are testimonies by numerous witnesses which confirm this allegation.

We shall quote here the most important excerpts from witnesses' testimonies which they gave before the Court after having been warned of the consequences of false testimony.

3.1. Witness 486/96-2, a locksmith from the vicinity of Konjic, who was incarcerated at Čelebići from 23 May to 31 August 1992 stated:

...After they launched an attack on my village on 18 May 1992 I went into hiding until 23 May when I surrendered because they threatened to kill my family.

As soon as I surrendered they took me to Čelebići and placed me in a big room with fire-fighting equipment in it with a marking "22" on the door. There were some 60 people from the villages in the vicinity of Konjic. Among them was Slobodan Babić who was so battered and blood-stained that he hardly was alive. After 2-3 days he died and they took his body away.

On the second day after my arrival I was interrogated by "Bato" Alkadić. He demanded from me to confess that I had organized a unit. I did not admit anything, for I had nothing to confess as that was not true. I was beated in the meantime. By Alkadić. He beat me with a piece of a thick cable and I remember he hit me strongly on the head 12 times. After the eighth blow I fell down and he put me back on my knees and continued beating me. Apart from Alkadić I was also beaten by Nuhić and Pero Blažević alias "Serbia". They also kicked me with their heavy military boots. They broke my jaw and knocked out three teeth from my upper jaw. I had wounds in several places on my head so that I was bleeding. I still have scars even today. After that I could not get on my knees nor move for five days.

From there I was transferred to Hangar 6.

At night the guards and some uniformed Croats and Muslims would break into the hangar and beat us.

One day they brought K.M., K.R. and M.K. whom they had just hit on the head with bottles of beer. The bottles were smashed against their heads by Alkadić.

Regularly, every day, they would take me in front of the hangar and beat me up. Sometimes they did this by day and sometimes at night. I fainted several times they would splash some water on me and when they saw I had come round they would continue beating me.

I was beaten by Hazim Delić, Esad Landžo, Kemal Mrndžić, some Shipetars, whose names I do not know and some guards. They broke 7 of my ribs on the left side and fractured 4 on the right.

In addition to individual batteries I still remember a battery at St. Peter's Day on 12 July 1992 because some Muslim soldiers had perished. We were all systematically beaten up then. First to enter was Delić who hit everybody with a baseball bat. He was followed by a group of guards and each one of them hit each and every inmate.

The systematic battery occurred on 12 August as well when our camp was visited by the representatives of the International Red Cross. As soon as they left Delić entered with 8 guards and ordered us all to sit down, put our hands behind our necks and they came behind our backs and beat us all up one by one.

I also remember well the event which occurred on 15 July when at around 12 o'clock noon "Zenga" came, called out my name and when I came out of the hanger he put a protective mask on my head and then tore a paper bag into pieces and threw it into fire and put his knife into the fire to heat it red. "Zenga" wanted me to take this red-hot knife into my left hand. He pressed it against my left palm which caused excruciating pain. He then heated the knife some more and then pressed it against my hands and legs making 12 burns, the scars are still visible. As he was doing this, he never spoke nor asked me anything.

Some blisters appeared soon and they were extremely painful. After 10 days when the wounds from the burns got swollen and when they got an unpleasant odour they took me to "22" where there was an in-patient clinic and where beaten and sick inmates lay. They bandaged me several times there but they never gave me any medicaments nor put any ointment on my wounds.

"Zenga" would tie a cord around somebody's waist in front of all of us, then between the legs and around the genitals and he would insert the other end into the anus and then he would light the cord. He did this to M.V., B.D., V.Dj., R.V. and to some others. While the cord was on fire, they were running around and screaming.

"Zenga" forced brothers Dj. whose parents had been killed when they were brought to the camp, to suck each other's cock in front of all of us.

As for myself, "Zenga" took me out of the hangar and order me to "graze"; I had to go down on my knees and eat grass and he made sure I swallowed it.

The routine in "6" was clearly defined. Everybody had his place where they had to sit and were not allowed to move. We had to sit in the same position for hours so that our bodies were all stiff.

Whenever they were in touch with us they would call us names, insult us and denigrade us. At the end of June 1992 an Arab TV crew arrived. Delić hand-picked some inmates who had to make statements before the cameras, to say that we Serbs had killed Muslims, raped their women and so forth. Delić was close by so we had to say what he wanted us to say. Delić beat some people even before the cameras as they were giving their statements. I later learnt that those video-cassettes were played and that the audience was told that this was a Serb camp where the Serbs were beating the Muslims.

I do not recall the date but I think it was in August 1992 when all day long the hangar was closed and one of the guards stood in front of the door. On that day not a single one of the inmates went out; we heard a commotion outside and the forming of troops into ranks. We subsequently learnt from the guards that Alija Izetbegović had visited the camp. I also heard from some women and men from Čelebići who had not been in the camp that they had seen Izetbegović on the camp compound and some of the inmates had seen him too. I also heard that Izetbegović had been in the camp in September 1992 but I was not there then.

While I was staying at Čelebići, a number of Serbs were killed: Željko Ćećez was shot down with a firearm, as well as Milorad Kuljanin, Čedo Avramović, Šćepo Gotovac, Simo Jovanović, Pero Mrkajić, Boško Samouković. There might have been some other murder which I do no recollect.

Taking care about hygiene was out of the question. We did not have a shower for as many as 70 days, nor did we change our clothes. It was only on the eve of the arrival of the Red Cross that we were given razor blades so that we had to shave ourselves without water and without soap, as many as 30 inmates using one blade.

We slept on concrete. By day it was hot and stifling at night it was cold.

We had to relieve ourselves in a bucket which was emptied only seldom and food was brought on a table near that bucket...

3.2. Witness 283/94-3, who was one of the incarcerated Serbs in the camp at Čelebići testifies:

... we were in this camp, at hangar 6 in July 1992, between 150 and 250 Serbs. Were were very poorly fed and on 9, 10, and 11 July 1992 when the temperature in the hangar was above 50 degrees Celsius we were given neither any water nor any food.

At the end of July 1992, together with other inmates at the Čelebići camp, I was forced to spend three days unloading ammunition and weaponry from lorries which arrived from an Adriatic port carrying foreign cargo for the Muslim armed forces. Upon the completion of the unloading inmates were locked up in a hangar and disallowed from going out. The door remained closed for a whole day.

Guards Zajko Čamdžić told me that on that day we were locked up because the camp was visited by B/H President Alija Izetbegović accompanied by strong security guards. He wanted to inspect the stocks of arms and ammunition within the camp compound...

3.3. Witness 147/96-2 who lives as a refugee in Belgrade now, and was born in the vicinity of Konjic, testifies:

... I was captured on 10 June 1992 and was transferred on the same day to Čelebići where I stayed until 9 December 1992.

During my stay in the Čelebići camp I was subjected to hunger and most severe physical ill-treatment. When I came to the camp I weighed 110 kgs and when I was released I weighed 64 kgs. As far as hunger is concerned I can only add that I did not have a stool for as many as 54 days.

Like most people in this camp, they beat me almost every day. This was particularly typical of the first three months when they would do this both by day and at night two-three times a day. As a result of physical ill-treatment I have a 60 per cent damage of the kindneys and the gallbladder, 9 broken ribs and other severe injuries so that now, according to my physician's findings, I am a 70 per cent invalid.

As far as I know 18 inmates have been killed at the Čelebići camp. I eyewitnessed the killing of Sima Jovanović from the village Idbar, Čeda Avramović from Čelebići and Željko Kliment from Konjic.

After they brought me to the Čelebići camp, I spent the first three days in a manhole within the camp compound and they transferred me from there to Hangar 6.

After that, because of the wounds that I had sustained, they transferred me to the in-patient clinic which was called "22" and where other injured and sick inmates had been placed. I spent some 25 days in that facility.

One day there was some noise in front of the facility so that K, who was also undergoing treatment in this facility, looked through the keyhole and commented "the President has arrived". After I heard this, I came to the keyhole and peeped through. I saw three luxurious cars and a jeep in front of the facility. I saw Alija Izetbegović standing by the middle car. He was surrounded by his security led by Zejnel Delalić. By his side stood the commander of the camp Zdravko Mucić, alias Pavao and others from the camp administration. I am sure it was Alija Izetbegović, as I often used to see him on TV and I am confident that I also recognized his voice.

Some other inmates in this facility of the Čelebići camp also saw Alija Izetbegović through the keyhole. There were rumours among the camp inmates that Alija Izetbegović had come to visit the facilities within the camp compound to which various types of military equipment, arms and ammunition had been brought from Split.

D. from Čelebić could say some more about Alija Izetbegović's visit to the Čelebići camp. He told me that he had seen Izetbegović in person when he arrived at Čelebići...

3.4. Witness 147/96-1, housewife, who used to live in the vicinity of Konjic, states:

... I and my husband had a house in a hamlet called Mravinjac on the outskirts of the village Čelebići.

In the vicinity of my house at Čelebići the Muslism established a camp for the Serbs in the facility of the former Yugoslav People's Army. I could not see that camp from my house but during evening hours I could occasionally hear from the direction of that camp moans so I presume that these were the moans of the inmates which were beaten by the guards.

A number of weekend cottages had been built in the immediate vicinity of my house including that of Šefko Elezović, former high-ranking officer of the Hadžići municipality to whom Mirsad Čatić, who had been wounded, came from Bihać.

I do not remember exactly the date when I heard some children from Muslim families shout: "Here comes the President!" I looked in the direction of Jablanica and saw Alija Izetbegović coming from that direction, I saw him in front of the cottages. He was surrounded by a number of soldiers wearing green and red berets...

3.5. Witness 147/96-3, driver from Čelebići, born in 1938 testifies:

... I was born at Čelebići, the central part of which was inhabited exclusively by Serbs. In the immediate vicinity of my hamlet there were some military facilities of the former YPA which the Muslims, upon their conquest of Bradine, turned into a camp for the Serbs.

The centre of this camp was some 70 meters away from my house and the entrance to it was some 300 meters away.

The inmates were held in hangars within the camp compound and a number of them were locked up underground. The camp was surrounded by a barbed wire fence so that I could see everyday what was happening within the camp compound from my window. I saw the guards ill-treating inmates in different ways, beating them, forcing them to drink their urine and I was also able, both at night and by day, to hear moans of the inmates who were subjected to ill-treatment. There were also women in that camp.

I believe it was in September 1992 when I went to my forest which is some 200 meters away from my house and then I saw a column of freight vehicles with Split and Zagreb registration plates which had entered the camp.

On 8 October 1992 three luxurious cars entered the camp compound and at a distance of some 60 meters, from the place where I was, I could see Alija Izetbegović in the first car. He had a leather wind-jacket on and a green beret. At that moment I heard M.'s comment "And so Alija's gone to the camp".

That I saw Alija Izetbegović enter the camp is something that I am ready to confirm wherever necessary and I am sure it was precisely him. In support of my claim I can also add that Alija Izetbegović had a very strong retinue...

3.6. Witness 484/96-5, who had been incarcerated at the Čelebići camp from 26 May to 28 August 1992 when he was transferred to the Musala camp, testifies:

... Upon our arrival in the camp they put us all in the manholes within the Čelebići compound. They put down the lids. We could not breathe in that manhole. I spent some two hours in that manhole. They would take two men at a time out for questioning. When they took me out of the manhole two guards beat me and my friend up. After the questioning they took me to "6".

As it was summertime, and as the hangar was constructed of metal it was extremely hot inside so one could

hardly breathe. At night on the other hand it was cold and we slept on concrete.

They would beat us every day. In addition to Delić we were most mercilessly beaten up by Zenga, Kravar, Edo and a man called "Blacky".

Zenga tied a detonating safety fuse around M.V.'s waist and then lit it. V. moaned terribly and later on I saw his severe burns. Zenga burnt his tongue with a red-hot knife. He also burnt K.M.'s hands. He forced brothers K. to such each other's cock.

During my stay in the hangar several people were killed: Sima Jovanović, Boško Samouković, Šćepo Gotovac, Željko whose surname I cannot remember, etc.

One day, I do not remember when exactly, I noticed that the guards were not their usual selves, they were merry and the atmosphere prevailing in the camp was not the usual one. On that day the door of the hangar remained locked and we were given neither any food nor any water. No guards came into the hangar nor did any of the inmates go out.

We heard some music and merry-making but we did not know what it was all about. Later on, N. who brought us food and was the only one of the inmates who had any contact with the guards said that on that day some soldiers took their oath and that Alija Izetbegović visited the camp. After I was released I heard that he was also seen by some women who came to bring food to their next-of-kin...

3.7. Witness 484/96-1, housewife, born in 1939 whose two sons had been incarcerated at the Čelebići camp, testifies:

... In August 1992 they allowed us to take some food to the inmates. Guards Osman, alias FoΦak, was in charge of receiving the food. He was around 25 years old. I learnt later from my sons that the Muslims had taken all the best food which I brought them and kept it to themselves and gave only a small share thereof to my sons.

One day, I think it was at the end of August 1992 at around 11 a.m. I and G.D. brought some food to the entrance to the camp as usual. As soon as we arrived FoΦak told us: "Give me the food quickly and go away because Babo is coming!" We did as we were told and as we were about to leave three cars arrived at the gate. All three cars were big passenger cars painted green. I immediately recognized Alija Izetbegović in the middle car as I had seen him on TV several times before. He and the rest in the car were in fatigues. A large number of people assembled at the gate to welcome him - Muslim soldiers, women and children, they clapped and shouted "here comes Babo". Then Izetbegović and his entourage entered the camp site and headed for the hangar...

3.8. Witness 484/96-3, who was brought from Bradina to Φelebići on 27 May 1992 and who stayed at Čelebići until 8 August 1992 when he was transferred to the camp Musala, testifies:

... As soon as we arrived in the camp they lined us up against the wall of the tunnel which is part of the nuclear shelter which they called "9". As we were standing with our hands above our heads they started beating us one by one. As a result of that beating, Petko Gligorević died. This beating lasted from 12 noon until 9 p.m.

After that, I was placed in hangar 6 where each one of us had his seat where he had to sit. They would beat us there every day but more frequently at night although sometimes they would also beat us by day.

During my stay at Čelebići Šćepo Gotovac, Milorad Kuljanin, Željko Ćećez and Čedo Avramović were killed there.

One day, it was in July 1992 if I remember correctly, the door of the hangar was closed all day so that nobody could go out nor did anyone enter hangar 6.

Later on we learnt from the guards that on that day Alija Izetbegović whom they called Babo visited the camp and that they took their oath of allegience before him. One of the people who told us about Izetbegović's visit to the camp was Zenga. I later heard from other inmates as well that Izetbegović was at the camp...

The large number of witnesses and the basic conformity of their statements point to the conclusion that A. Izetbegović visited the camp not only once but several times.

Furthermore, the statements by witnesses on Izetbegović's stay are in full harmony with the context in which the camp was an important site where the re-loading of a large quantity of arms from Arab countries took place which had arrived in a really unusual way. A. Izetbegović surely must have known that the inmates had re-loaded those arms as he found only a small number of soldiers and guards at the camp. He must have known of the scope of those works as a large quantity of arms had to be re- loaded within a short space of time. Finally, he must have known of the conditions in which inmates were being kept and if he had not known that, which is unlikely, he had missed the opportunity to get informed thereon.

To inspect a camp and be aware that there are hundreds of incarcerated persons in it and not ask whether anyone has been convicted of anything and in what conditions they live is really an omission which not only proves the negligence of the responsible person but also, quite certainly, his bad intentions.

Izetbegović was informed, as was indicated, also by the media about the existance of this camp as well as of its inmates.

Finally, we should point out to the time dimension which is one more important proof of the existence of important elements of responsibility which we are speaking about here.

The Čelebići camp was in operation for 8 months. From May until December 1992 and even after the visit by a delegation of the International Red Cross in the first half of August 1992.

The exodus of the Serbs from this entire area lasted even longer.

For this reason the events at the camp and its surroundings must have been known to the top-ranking Bosnian authorities, particularly to its President. We are speaking here about the most notorious facts of which even the international public was aware.

Hence, we are speaking about the periods sufficient not only for those responsible to get acquainted with the events but also to prevent the crimes completely.

Taking into account all the above mentioned facts, the mentioned actions and omissions by Alija Izetbegović point undoubtedly to the fact that it is possible to hold him answerable under the Statute of the Tribunal for crimes committed against the Serbian people at the Čelebići camp as well as the territory of the municipality of Konjic. The above testimonies show that he had reason to know that civilians and other persons were being held at the camp without any decision whatsoever about their responsibility and that he was aware of the conditions of their life. This is already sufficient for him to be held responsible for any crime prescribed by the Statute of the Tribunal.

INDICATIONS ABOUT THE PERPETRATOR:

1.ALIJA IZETBEGOVIĆ, President of the Presidency of B/H, born 8 August 1925 at Bosanski Šamac, father's name Mustafa, mother's name Hiba nee Djabija, before the war resided in Sarajevo at No. 14 Hasana Kikića Str. (evidence: 283/94-3, 147/96-1, 147/96-2, 147/96-3, 147/96-20, 484/96-1, 484/96-3, 484/96-5, 486/96-2, 486/96-5).