Text of the Milosevic indictment

THE INTERNATIONAL CRIMINAL TRIBUNAL

FOR THE FORMER YUGOSLAVIA

SLOBODAN MILOSEVIC

MILAN MILUTINOVIC

NIKOLA SAINOVIC

DRAGOLJUB OJDANIC

VLAJKO STOJILJKOVIC

INDICTMENT

The Prosecutor of the International Criminal Tribunal for the former
Yugoslavia, pursuant to her authority under Article 18 of the Statute of the Tribunal,
charges:

with CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR
CUSTOMS OF WAR as set forth below:

BACKGROUND

1. The Autonomous Province of Kosovo and Metohija is located in the
southern part of the Republic of Serbia, a constituent republic of the Federal Republic of
Yugoslavia (hereinafter FRY). The territory now comprising the FRY was part of the former
Socialist Federal Republic of Yugoslavia (hereinafter SFRY). The Autonomous Province of
Kosovo and Metohija is bordered on the north and north-west by the Republic of Montenegro,
another constituent republic of the FRY. On the south-west, the Autonomous Province of
Kosovo and Metohija is bordered by the Republic of Albania, and to the south, by the
Former Yugoslav Republic of Macedonia. The capital of the Autonomous Province of Kosovo
and Metohija is Pristina.

2. In 1990 the Socialist Republic of Serbia promulgated a new
Constitution which, among other things, changed the names of the republic and the
autonomous provinces. The name of the Socialist Republic of Serbia was changed to the
Republic of Serbia (both hereinafter Serbia); the name of the Socialist Autonomous
Province of Kosovo was changed to the Autonomous Province of Kosovo and Metohija (both
hereinafter Kosovo); and the name of the Socialist Autonomous Province of Vojvodina was
changed to the Autonomous Province of Vojvodina (hereinafter Vojvodina). During this same
period, the Socialist Republic of Montenegro changed its name to the Republic of
Montenegro (hereinafter Montenegro).

3. In 1974, a new SFRY Constitution had provided for a devolution of
power from the central government to the six constituent republics of the country. Within
Serbia, Kosovo and Vojvodina were given considerable autonomy including control of their
educational systems, judiciary, and police. They were also given their own provincial
assemblies, and were represented in the Assembly, the Constitutional Court, and the
Presidency of the SFRY.

4. In 1981, the last census with near universal participation, the
total population of Kosovo was approximately 1,585,000 of which 1,227,000 (77%) were
Albanians, and 210,000 (13%) were Serbs. Only estimates for the population of Kosovo in
1991 are available because Kosovo Albanians boycotted the census administered that year.
General estimates are that the current population of Kosovo is between 1,800,000 and
2,100,000 of which approximately 85-90% are Kosovo Albanians and 5-10% are Serbs.

5. During the 1980s, Serbs voiced concern about discrimination against
them by the Kosovo Albanian-led provincial government while Kosovo Albanians voiced
concern about economic underdevelopment and called for greater political liberalisation
and republican status for Kosovo. From 1981 onwards, Kosovo Albanians staged
demonstrations which were suppressed by SFRY military and police forces of Serbia.

6. In April 1987, Slobodan MILOSEVIC, who had been elected
Chairman of the Presidium of the Central Committee of the League of Communists of Serbia
in 1986, travelled to Kosovo. In meetings with local Serb leaders and in a speech before a
crowd of Serbs, Slobodan MILOSEVIC endorsed a Serbian nationalist agenda. In so
doing, he broke with the party and government policy which had restricted nationalist
expression in the SFRY since the time of its founding by Josip Broz Tito after the Second
World War. Thereafter, Slobodan MILOSEVIC exploited a growing wave of Serbian
nationalism in order to strengthen centralised rule in the SFRY.

7. In September 1987 Slobodan MILOSEVIC and his supporters
gained control of the Central Committee of the League of Communists of Serbia. In 1988, Slobodan
MILOSEVIC was re-elected as Chairman of the Presidium of the Central Committee of the
League of Communists of Serbia. From that influential position, Slobodan MILOSEVIC
was able to further develop his political power.

8. From July 1988 to March 1989, a series of demonstrations and rallies
supportive of Slobodan MILOSEVIC’s policies -- the so-called
"Anti-Bureaucratic Revolution" -- took place in Vojvodina and Montenegro. These
protests led to the ouster of the respective provincial and republican governments; the
new governments were then supportive of, and indebted to, Slobodan MILOSEVIC.

9. Simultaneously, within Serbia, calls for bringing Kosovo under
stronger Serbian rule intensified and numerous demonstrations addressing this issue were
held. On 17 November 1988, high-ranking Kosovo Albanian political figures were dismissed
from their positions within the provincial leadership and were replaced by appointees
loyal to Slobodan MILOSEVIC. In early 1989, the Serbian Assembly proposed
amendments to the Constitution of Serbia which would strip Kosovo of most of its
autonomous powers, including control of the police, educational and economic policy, and
choice of official language, as well as its veto powers over further changes to the
Constitution of Serbia. Kosovo Albanians demonstrated in large numbers against the
proposed changes. Beginning in February 1989, a strike by Kosovo Albanian miners further
increased tensions.

10. Due to the political unrest, on 3 March 1989, the SFRY Presidency
declared that the situation in the province had deteriorated and had become a threat to
the constitution, integrity, and sovereignty of the country. The government then imposed
"special measures" which assigned responsibility for public security to the
federal government instead of the government of Serbia.

11. On 23 March 1989, the Assembly of Kosovo met in Pristina and, with
the majority of Kosovo Albanian delegates abstaining, voted to accept the proposed
amendments to the constitution. Although lacking the required two-thirds majority in the
Assembly, the President of the Assembly nonetheless declared that the amendments had
passed. On 28 March 1989, the Assembly of Serbia voted to approve the constitutional
changes effectively revoking the autonomy granted in the 1974 constitution.

12. At the same time these changes were occurring in Kosovo, Slobodan
MILOSEVIC further increased his political power when he became the President of
Serbia. Slobodan MILOSEVIC was elected President of the Presidency of Serbia on 8
May 1989 and his post was formally confirmed on 6 December 1989.

13. In early 1990, Kosovo Albanians held mass demonstrations calling
for an end to the "special measures." In April 1990, the SFRY Presidency lifted
the "special measures" and removed most of the federal police forces as Serbia
took over responsibility for police enforcement in Kosovo.

14. In July 1990, the Assembly of Serbia passed a decision to suspend
the Assembly of Kosovo shortly after 114 of the 123 Kosovo Albanian delegates from that
Assembly had passed an unofficial resolution declaring Kosovo an equal and independent
entity within the SFRY. In September 1990, many of these same Kosovo Albanian delegates
proclaimed a constitution for a "Republic of Kosovo." One year later, in
September 1991, Kosovo Albanians held an unofficial referendum in which they voted
overwhelmingly for independence. On 24 May 1992, Kosovo Albanians held unofficial
elections for an assembly and president for the "Republic of Kosovo."

15. On 16 July 1990, the League of Communists of Serbia and the
Socialist Alliance of Working People of Serbia joined to form the Socialist Party of
Serbia (SPS), and Slobodan MILOSEVIC was elected its President. As the successor to
the League of Communists, the SPS became the dominant political party in Serbia and Slobodan
MILOSEVIC, as President of the SPS, was able to wield considerable power and influence
over many branches of the government as well as the private sector. Milan MILUTINOVIC
and Nikola SAINOVIC have both held prominent positions within the SPS. Nikola
SAINOVIC was a member of the Main Committee and the Executive Council as well as a
vice-chairman; and Milan MILUTINOVIC successfully ran for President of Serbia in
1997 as the SPS candidate.

16. After the adoption of the new Constitution of Serbia on 28
September 1990, Slobodan MILOSEVIC was elected President of Serbia in multi-party
elections held on 9 and 26 December 1990; he was re-elected on 20 December 1992. In
December 1991, Nikola SAINOVIC was appointed a Deputy Prime Minister of Serbia.

17. After Kosovo’s autonomy was effectively revoked in 1989, the
political situation in Kosovo became more and more divisive. Throughout late 1990 and 1991
thousands of Kosovo Albanian doctors, teachers, professors, workers, police and civil
servants were dismissed from their positions. The local court in Kosovo was abolished and
many judges removed. Police violence against Kosovo Albanians increased.

18. During this period, the unofficial Kosovo Albanian leadership
pursued a policy of non-violent civil resistance and began establishing a system of
unofficial, parallel institutions in the health care and education sectors.

19. In late June 1991 the SFRY began to disintegrate in a succession of
wars fought in the Republic of Slovenia (hereinafter Slovenia), the Republic of Croatia
(hereinafter Croatia), and the Republic of Bosnia and Herzegovina (hereinafter Bosnia and
Herzegovina). On 25 June 1991, Slovenia declared independence from the SFRY, which led to
the outbreak of war; a peace agreement was reached on 8 July 1991. Croatia declared its
independence on 25 June 1991, leading to fighting between Croatian military forces on the
one side and the Yugoslav People’s Army (JNA), paramilitary units and the "Army
of the Republic of Srpska Krajina" on the other.

20. On 6 March 1992, Bosnia and Herzegovina declared its independence,
resulting in wide scale war after 6 April 1992. On 27 April 1992, the SFRY was
reconstituted as the FRY. At this time, the JNA was re-formed as the Armed Forces of the
FRY (hereinafter VJ). In the war in Bosnia and Herzegovina, the JNA, and later the VJ,
fought along with the "Army of Republika Srpska" against military forces of the
Government of Bosnia and Herzegovina and the "Croat Defence Council." Active
hostilities ceased with the signing of the Dayton peace agreement in December 1995.

21. Although Slobodan MILOSEVIC was the President of Serbia
during the wars in Slovenia, Croatia and Bosnia and Herzegovina, he was nonetheless the
dominant Serbian political figure exercising de facto control of the federal
government as well as the republican government and was the person with whom the
international community negotiated a variety of peace plans and agreements related to
these wars.

22. Between 1991 and 1997 Milan MILUTINOVIC and Nikola
SAINOVIC both held a number of high ranking positions within the federal and
republican governments and continued to work closely with Slobodan MILOSEVIC.
During this period, Milan MILUTINOVIC worked in the Foreign Ministry of the FRY,
and at one time was Ambassador to Greece; in 1995, he was appointed Minister of Foreign
Affairs of the FRY, a position he held until 1997. Nikola SAINOVIC was Prime
Minister of Serbia in 1993 and Deputy Prime Minister of the FRY in 1994.

23. While the wars were being conducted in Slovenia, Croatia and Bosnia
and Herzegovina, the situation in Kosovo, while tense, did not erupt into the violence and
intense fighting seen in the other countries. In the mid-1990s, however, a faction of the
Kosovo Albanians organised a group known as Ushtria +lirimtare e KosovNs (U+K)
or, known in English as the Kosovo Liberation Army (KLA). This group advocated a campaign
of armed insurgency and violent resistance to the Serbian authorities. In mid-1996, the
KLA began launching attacks primarily targeting FRY and Serbian police forces. Thereafter,
and throughout 1997, FRY and Serbian police forces responded with forceful operations
against suspected KLA bases and supporters in Kosovo.

24. After concluding his term as President of Serbia, Slobodan
MILOSEVIC was elected President of the FRY 15 July 1997, and assumed office on 23 July
1997. Thereafter, elections for the office of the President of Serbia were held; Milan
MILUTINOVIC ran as the SPS candidate and was elected President of Serbia on 21
December 1997. In 1996, 1997 and 1998, Nikola SAINOVIC was re-appointed Deputy
Prime Minister of the FRY. In part through his close alliance with Milan MILUTINOVIC,
Slobodan MILOSEVIC was able to retain his influence over the Government of Serbia.

25. Beginning in late February 1998, the conflict intensified between
the KLA on the one hand and the VJ, the police forces of the FRY, police forces of Serbia,
and paramilitary units (all hereinafter forces of the FRY and Serbia), on the other hand.
A number of Kosovo Albanians and Kosovo Serbs were killed and wounded during this time.
Forces of the FRY and Serbia engaged in a campaign of shelling predominantly Kosovo
Albanian towns and villages, widespread destruction of property, and expulsions of the
civilian population from areas in which the KLA was active. Many residents fled the
territory as a result of the fighting and destruction or were forced to move to other
areas within Kosovo. The United Nations estimates that by mid-October 1998, over 298,000
persons, roughly fifteen percent of the population, had been internally displaced within
Kosovo or had left the province.

26. In response to the intensifying conflict, the United Nations
Security Council (UNSC) passed Resolution 1160 in March 1998 "condemning the use of
excessive force by Serbian police forces against civilians and peaceful demonstrators in
Kosovo," and imposed an arms embargo on the FRY. Six months later the UNSC passed
Resolution 1199 (1998) which stated that "the deterioration of the situation in
Kosovo, Federal Republic of Yugoslavia, constitutes a threat to peace and security in the
region." The Security Council demanded that all parties cease hostilities and that
"the security forces used for civilian repression" be withdrawn.

27. In an attempt to diffuse tensions in Kosovo, negotiations between Slobodan
MILOSEVIC, and representatives of the North Atlantic Treaty Organisation (NATO),
and the Organisation for Security and Co-operation in Europe (OSCE) were conducted in
October 1998. An "Agreement on the OSCE Kosovo Verification Mission" was signed
on 16 October 1998. This agreement and the "Clark-Naumann agreement," which was
signed by Nikola SAINOVIC, provided for the partial withdrawal of forces of the FRY
and Serbia from Kosovo, a limitation on the introduction of additional forces and
equipment into the area, and the deployment of unarmed OSCE verifiers.

28. Although scores of OSCE verifiers were deployed throughout Kosovo,
hostilities continued. During this period, a number of killings of Kosovo Albanians were
documented by the international verifiers and human rights organisations. In one such
incident, on 15 January 1999, 45 unarmed Kosovo Albanians were murdered in the village of
Racak in the municipality of Stimlje/Shtime.

29. In a further response to the continuing conflict in Kosovo, an
international peace conference was organised in Rambouillet, France beginning on 7
February 1999. Nikola SAINOVIC, the Deputy Prime Minister of the FRY, was a member
of the Serbian delegation at the peace talks and Milan MILUTINOVIC, President of
Serbia, was also present during the negotiations. The Kosovo Albanians were represented by
the KLA and a delegation of Kosovo Albanian political and civic leaders. Despite intensive
negotiations over several weeks, the peace talks collapsed in mid-March 1999.

30. During the peace negotiations in France, the violence in Kosovo
continued. In late February and early March, forces of the FRY and Serbia launched a
series of offensives against dozens of predominantly Kosovo Albanian villages and towns.
The FRY military forces were comprised of elements of the 3rd Army, specifically the 52nd
Corps, also known as the Pristina Corps, and several brigades and regiments under the
command of the Pristina Corps. The Chief of the General Staff of the VJ, with command
responsibilities over the 3rd Army and ultimately over the Pristina Corps, is Colonel
General Dragoljub OJDANIC. The Supreme Commander of the VJ is Slobodan MILOSEVIC.

31. The police forces taking part in the actions in Kosovo are members
of the Ministry of Internal Affairs of Serbia in addition to some units from the Ministry
of Internal Affairs of the FRY. All police forces employed by or working under the
authority of the Ministry of Internal Affairs of Serbia are commanded by Vlajko
STOJILJKOVIC, Minister of Internal Affairs of Serbia. Under the FRY Act on the Armed
Forces, those police forces engaged in military operations during a state of war or
imminent threat of war are subordinated to the command of the VJ whose commanders are Colonel
General Dragoljub OJDANIC and Slobodan MILOSEVIC.

32. Prior to December 1998, Slobodan MILOSEVIC designated Nikola
SAINOVIC as his representative for the Kosovo situation. A number of diplomats and
other international officials who needed to speak with a government official regarding
events in Kosovo were directed to Nikola SAINOVIC. He took an active role in the
negotiations establishing the OSCE verification mission for Kosovo and he participated in
numerous other meetings regarding the Kosovo crisis. From January 1999 to the date of this
indictment, Nikola SAINCOVIC has acted as the liaison between Slobodan MILOSEVIC
and various Kosovo Albanian leaders.

33. Nikola SAINOVIC was most recently re-appointed Deputy Prime
Minister of the FRY on 20 May 1998. As such, he is a member of the Government of the FRY,
which, among other duties and responsibilities, formulates domestic and foreign policy,
enforces federal law, directs and co-ordinates the work of federal ministries, and
organises defence preparations.

34. During their offensives, forces of the FRY and Serbia acting in
concert have engaged in a well-planned and co-ordinated campaign of destruction of
property owned by Kosovo Albanian civilians. Towns and villages have been shelled, homes,
farms, and businesses burned, and personal property destroyed. As a result of these
orchestrated actions, towns, villages, and entire regions have been made uninhabitable for
Kosovo Albanians. Additionally, forces of the FRY and Serbia have harassed, humiliated,
and degraded Kosovo Albanian civilians through physical and verbal abuse. The Kosovo
Albanians have also been persistently subjected to insults, racial slurs, degrading acts
based on ethnicity and religion, beatings, and other forms of physical mistreatment.

35. The unlawful deportation and forcible transfer of thousands of
Kosovo Albanians from their homes in Kosovo involved well-planned and co-ordinated efforts
by the leaders of the FRY and Serbia, and forces of the FRY and Serbia, all acting in
concert. Actions similar in nature took place during the wars in Croatia and Bosnia and
Herzegovina between 1991 and 1995. During those wars, Serbian military, paramilitary and
police forces forcibly expelled and deported non-Serbs in Croatia and Bosnia and
Herzegovina from areas under Serbian control utilising the same method of operations as
have been used in Kosovo in 1999: heavy shelling and armed attacks on villages; widespread
killings; destruction of non-Serbian residential areas and cultural and religious sites;
and forced transfer and deportation of non-Serbian populations.

36. On 24 March 1999, NATO began launching air strikes against targets
in the FRY. The FRY issued decrees of an imminent threat of war on 23 March 1999 and a
state of war on 24 March 1999. Since the air strikes commenced, forces of the FRY and
Serbia have intensified their systematic campaign and have forcibly expelled hundreds of
thousands of Kosovo Albanians.

37. In addition to the forced expulsions of Kosovo Albanians, forces of
the FRY and Serbia have also engaged in a number of killings of Kosovo Albanians since 24
March 1999. Such killings occurred at numerous locations, including but not limited to,
Bela Crkva, Mali Krusa/Krushe e Vogel -- Velika Krusa/Krushe e Mahde, Dakovica/GjakovN , Crkovez/Padalishte, and Izbica.

38. The planning, preparation and execution of the campaign undertaken
by forces of the FRY and Serbia in Kosovo, was planned, instigated, ordered, committed or
otherwise aided and abetted by Slobodan MILOSEVIC, the President of the FRY; Milan
MILUTINOVIC, the President of Serbia; Nikola SAINOVIC, the Deputy Prime
Minister of the FRY; Colonel General Dragoljub OJDANIC, the Chief of the General
Staff of the VJ; and Vlajko STOJILJKOVIC, the Minister of Internal Affairs of
Serbia.

39. By 20 May 1999, over 740,000 Kosovo Albanians, approximately
one-third of the entire Kosovo Albanian population, were expelled from Kosovo. Thousands
more are believed to be internally displaced. An unknown number of Kosovo Albanians have
been killed in the operations by forces of the FRY and Serbia.

THE ACCUSED

40. Slobodan MILOSEVIC was born on 20 August 1941 in the town of
Pozarevac in present-day Serbia. In 1964 he received a law degree from the
University of Belgrade and began a career in management and banking. Slobodan MILOSEVIC
held the posts of deputy director and later general director at Tehnogas, a major
gas company until 1978. Thereafter, he became president of Beogradska banka (Beobanka),
one of the largest banks in the SFRY and held that post until 1983.

41. In 1983 Slobodan MILOSEVIC began his political career. He
became Chairman of the City Committee of the League of Communists of Belgrade in 1984.
In 1986 he was elected Chairman of the Presidium of the Central Committee of the
League of Communists of Serbia and was re-elected in 1988. On 16 July 1990, the League of
Communists of Serbia and the Socialist Alliance of Working People of Serbia were united;
the new party was named the Socialist Party of Serbia (SPS), and Slobodan MILOSEVIC
was elected its President. He holds the post of President of the SPS as of the date of
this indictment.

42. Slobodan MILOSEVIC was elected President of the Presidency
of Serbia on 8 May 1989 and re-elected on 5 December that same year. After the adoption of
the new Constitution of Serbia on 28 September 1990, Slobodan MILOSEVIC was elected
to the newly established office of President of Serbia in multi-party elections held on 9
and 26 December 1990; he was re-elected on 20 December 1992.

43. After serving two terms as President of Serbia, Slobodan
MILOSEVIC was elected President of the FRY on 15 July 1997 and he began his official
duties on 23 July 1997. At all times relevant to this indictment, Slobodan MILOSEVIC
has held the post of President of the FRY.

44. Milan MILUTINOVIC was born on 19 December 1942 in Belgrade
in present-day Serbia. Milan MILUTINOVIC received a degree in law from Belgrade
University.

45. Throughout his political career, Milan MILUTINOVIC has held
numerous high level governmental posts within Serbia and the FRY. Milan MILUTINOVIC
was a deputy in the Socio-Political Chamber and a member of the foreign policy committee
in the Federal Assembly; he was Serbia’s Secretary for Education and
Sciences, a member of the Executive Council of the Serbian Assembly, and a director of the
Serbian National Library. Milan MILUTINOVIC also served as an ambassador
in the Federal Ministry of Foreign Affairs and as the FRY Ambassador to Greece. He was
appointed the Minister of Foreign Affairs of the FRY on 15 August 1995. Milan
MILUTINOVIC is a member of the SPS.

46. On 21 December 1997, Milan MILUTINOVIC was elected President
of Serbia. At all times relevant to this indictment, Milan MILUTINOVIC has held the
post of President of Serbia.

47. Nikola SAINOVIC was born on 7 December 1948 in Bor, Serbia.
He graduated from the University of Ljubljana in 1977 and holds a Master of Science degree
in Chemical Engineering. He began his political career in the municipality of Bor where he
held the position of President of the Municipal Assembly of Bor from 1978 to 1982.

48. Throughout his political career, Nikola SAINOVIC has been an
active member of both the League of Communists and the Socialist Party of Serbia (SPS). He
held the position of Chairman of the Municipal Committee of the League of Communists in
Bor. On 28 November 1995, Nikola SAINOVIC was elected a member of the SPS’s
Main Committee and a member of its Executive Council. He was also named president of the
Committee to prepare the SPS Third Regular Congress (held in Belgrade on 2-3 March 1996).
On 2 March 1996 Nikola SAINOVIC was elected one of several vice chairmen of
the SPS. He held this position until 24 April 1997.

49. Nikola SAINOVIC has held several positions within the
governments of Serbia and the FRY. In 1989, he served as a member of the Executive Council
of Serbia’s Assembly and Secretary for Industry, Energetics and Engineering of Serbia
in 1989. He was appointed Minister of Mining and Energy of Serbia on 11 February 1991, and
again on 23 December 1991. On 23 December 1991, he was also named Deputy Prime Minister of
Serbia. Nikola SAINOVIC was appointed Minister of the Economy of the FRY on 14 July
1992, and again on 11 September 1992. He resigned from this post on 29 November 1992. On
10 February 1993, Nikola SAINOVIC was elected Prime Minister of Serbia.

50. On 22 February 1994, Nikola SAINOVIC was appointed Deputy
Prime Minister of the FRY. He was re-appointed to this position in three subsequent
governments: on 12 June 1996, 20 March 1997 and 20 May 1998. Slobodan MILOSEVIC
designated Nikola SAINOVIC as his representative for the Kosovo situation. Nikola
SAINOVIC chaired the commission for co-operation with the OSCE Verification Mission in
Kosovo, and was an official member of the Serbian delegation at the Rambouillet peace
talks in February 1999. At all times relevant to this indictment, Nikola SAINOVIC has
held the post of Deputy Prime Minister of the FRY.

51. Colonel General Dragoljub OJDANIC was born on 1 June 1941
in the village of Ravni, near Uzice in what is now Serbia. In 1958, he completed the
Infantry School for Non-Commissioned Officers and in 1964, he completed the Military
Academy of the Ground Forces. In 1985, Dragoljub OJDANIC graduated from the Command
Staff Academy and School of National Defence with a Masters Degree in Military Sciences.
At one time he served as the Secretary for the League of Communists for the Yugoslav
National Army (JNA) 52nd Corps, the precursor of the 52nd Corps of the VJ now operating in
Kosovo.

52. In 1992, Colonel General Dragoljub OJDANIC was the
Deputy Commander of the 37th Corps of the JNA, later the VJ, based in Uzice, Serbia. He
was promoted to Major General on 20 April 1992 and became Commander of the Uzice Corps.
Under his command, the Uzice Corps was involved in military actions in eastern Bosnia
during the war in Bosnia and Herzegovina. In 1993 and 1994 Dragoljub OJDANIC served
as Chief of the General Staff of the First Army of the FRY. He was Commander of the First
Army between 1994 and 1996. In 1996, he became Deputy Chief of the General Staff of the
VJ. On 26 November 1998, Slobodan MILOSEVIC appointed Dragoljub OJDANIC
Chief of General Staff of the VJ, replacing General Momcilo Perisic. At all times relevant
to this indictment, Colonel General Dragoljub OJDANIC has held the post of Chief of
the General Staff of the VJ.

53. Vlajko STOJILJKOVIC was born in Mala Krsna, in Serbia. He
graduated from the University of Belgrade with a law degree, and then was employed at the
municipal court. Thereafter, he became head of the Inter-Municipal Secretariat of Internal
Affairs in Pozarevac. Vlajko STOJILJKOVIC has served as director of the PIK firm in
Pozarevac, vice-president and president of the Economic Council of Yugoslavia, and
president of the Economic Council of Serbia.

54. By April 1997, Vlajko STOJILJKOVIC became Deputy Prime
Minister of the Serbian Government and Minister of Internal Affairs of Serbia. On 24 March
1998, the Serbian Assembly elected a new Government, and Vlajko STOJILJKOVIC was
named Minister of Internal Affairs of Serbia. He is also a member of the main board of the
SPS. At all times relevant to this indictment, Vlajko STOJILJKOVIC, has held the
post of Minister of Internal Affairs.

SUPERIOR AUTHORITY

55. Slobodan MILOSEVIC was elected President of the FRY on 15
July 1997, assumed office on 23 July 1997, and remains President as of the date of this
indictment.

56. As President of the FRY, Slobodan MILOSEVIC functions as
President of the Supreme Defence Council of the FRY. The Supreme Defence Council consists
of the President of the FRY and the Presidents of the member republics, Serbia and
Montenegro. The Supreme Defence Council decides on the National Defence Plan and issues
decisions concerning the VJ. As President of the FRY, Slobodan MILOSEVIC has the
power to "order implementation of the National Defence Plan" and commands the VJ
in war and peace in compliance with decisions made by the Supreme Defence Council. Slobodan
MILOSEVIC, as Supreme Commander of the VJ, performs these duties through
"commands, orders and decisions."

57. Under the FRY Act on the Armed Forces of Yugoslavia, as Supreme
Commander of the VJ, Slobodan MILOSEVIC also exercises command authority over
republican and federal police units subordinated to the VJ during a state of imminent
threat of war or a state of war. A declaration of imminent threat of war was proclaimed on
23 March 1999, and a state of war on 24 March 1999.

58. In addition to his de jure powers, Slobodan MILOSEVIC
exercises extensive de facto control over numerous institutions essential to, or
involved in, the conduct of the offences alleged herein. Slobodan MILOSEVIC
exercises extensive de facto control over federal institutions nominally under the
competence of the Assembly or the Government of the FRY. Slobodan MILOSEVIC also
exercises de facto control over functions and institutions nominally under the
competence of Serbia and its autonomous provinces, including the Serbian police force. Slobodan
MILOSEVIC further exercises de facto control over numerous aspects of the
FRY’s political and economic life, particularly the media. Between 1986 and the early
1990s, Slobodan MILOSEVIC progressively acquired de facto control over these
federal, republican, provincial and other institutions. He continues to exercise this de
facto control to this day.

59. Slobodan MILOSEVIC’s de facto control over Serbian,
SFRY, FRY and other state organs has stemmed, in part, from his leadership of the
two principal political parties that have ruled in Serbia since 1986, and in the
FRY since 1992. From 1986 until 1990, he was Chairman of the Presidium of the Central
Committee of the League of Communists in Serbia, then the ruling party in Serbia. In 1990,
he was elected President of the Socialist Party of Serbia, the successor party to the
League of Communists of Serbia and the Socialist Alliance of the Working People of Serbia.
The SPS has been the principal ruling party in Serbia and the FRY ever since. Throughout
the period of his Presidency of Serbia, from 1990 to 1997, and as the President of the
FRY, from 1997 to the present, Slobodan MILOSEVIC has also been the leader of the
SPS.

60. Beginning no later than October 1988, Slobodan MILOSEVIC has
exercised de facto control over the ruling and governing institutions of Serbia,
including its police force. Beginning no later than October 1988, he has exercised de
facto control over Serbia’s two autonomous provinces -- Kosovo and Vojvodina --
and their representation in federal organs of the SFRY and the FRY. From no later than
October 1988 until mid-1998, Slobodan MILOSEVIC also exercised de facto
control over the ruling and governing institutions of the Montenegro, including its
representation in all federal organs of the SFRY and the FRY.

61. In significant international negotiations, meetings and conferences
since 1989, Slobodan MILOSEVIC has been the primary interlocutor with whom the
international community has negotiated. He has negotiated international agreements that
have subsequently been implemented within Serbia, the SFRY, the FRY, and elsewhere on the
territory of the former SFRY. Among the conferences and international negotiations at
which Slobodan MILOSEVIC has been the primary representative of the SFRY and FRY
are: The Hague Conference in 1991; the Paris negotiations of March 1993; the International
Conference on the Former Yugoslavia in January 1993; the Vance-Owen peace plan
negotiations between January and May 1993; the Geneva peace talks in the summer of 1993;
the Contact Group meeting in June 1994; the negotiations for a cease fire in Bosnia and
Herzegovina, 9-14 September 1995; the negotiations to end the NATO bombing in Bosnia and
Herzegovina, 14-20 September 1995; and the Dayton peace negotiations in November 1995.

62. As the President of the FRY, the Supreme Commander of the VJ, and
the President of the Supreme Defence Council, and pursuant to his de facto
authority, Slobodan MILOSEVIC is responsible for the actions of his subordinates
within the VJ and any police forces, both federal and republican, who have committed the
crimes alleged in this indictment since January 1999 in the province of Kosovo.

63. Milan MILUTINOVIC was elected President of Serbia on
21 December 1997, and remains President as of the date of this indictment. As President of
Serbia, Milan MILUTINOVIC is the head of State. He represents Serbia and conducts
its relations with foreign states and international organisations. He organises
preparations for the defence of Serbia.

64. As President of Serbia, Milan MILUTINOVIC is a member of the
Supreme Defence Council of the FRY and participates in decisions regarding the use of the
VJ.

65. As President of Serbia, Milan MILUTINOVIC, in conjunction
with the Assembly, has the authority to request reports both from the Government of
Serbia, concerning matters under its jurisdiction, and from the Ministry of the Internal
Affairs, concerning its activities and the security situation in Serbia. As President of
Serbia, Milan MILUTINOVIC has the authority to dissolve the Assembly, and with it
the Government, "subject to the proposal of the Government on justified
grounds," although this power obtains only in peacetime.

66. During a declared state of war or state of imminent threat of war, Milan
MILUTINOVIC, as President of Serbia, may enact measures normally under the competence
of the Assembly, including the passage of laws; these measures may include the
reorganisation of the Government and its ministries, as well as the restriction of certain
rights and freedoms.

67. In addition to his de jure powers, Milan MILUTINOVIC
exercises extensive de facto influence or control over numerous institutions
essential to, or involved in, the conduct of the crimes alleged herein. Milan
MILUTINOVIC exercises de facto influence or control over functions and
institutions nominally under the competence of the Government and Assembly of Serbia and
its autonomous provinces, including but not limited to the Serbian police force.

68. In significant international negotiations, meetings and conferences
since 1995, Milan MILUTINOVIC has been a principal interlocutor with whom the
international community has negotiated. Among the conferences and international
negotiations at which Milan MILUTINOVIC has been a primary representative of the
FRY are: preliminary negotiations for a cease fire in Bosnia and Herzegovina, 15-21 August
1995; the Geneva meetings regarding the Bosnian cease fire, 7 September 1995; further
negotiations for a cease fire in Bosnia and Herzegovina, 9-14 September 1995; the
negotiations to end the NATO bombing in Bosnia and Herzegovina, 14-20 September 1995; the
meeting of Balkan foreign ministers in New York, 26 September 1995; and the Dayton peace
negotiations in November 1995. Milan MILUTINOVIC was also present at the
negotiations at Rambouillet in February 1999.

69. As the President of Serbia, and a member of the Supreme Defence
Council, and pursuant to his de facto authority, Milan MILUTINOVIC is
responsible for the actions of any of his subordinates within the VJ and within any police
forces who have committed the crimes alleged in this indictment since January 1999 within
the province of Kosovo.

70. Colonel General Dragoljub OJDANIC was appointed Chief of the
General Staff of the VJ on 26 November 1998. He remains in that position as of the date of
this indictment. As Chief of the General Staff of the VJ, Colonel General Dragoljub
OJDANIC commands, orders, instructs, regulates and otherwise directs the VJ, pursuant
to acts issued by the President of the FRY and as required to command the VJ.

71. As Chief of the General Staff of the VJ, Colonel General
Dragoljub OJDANIC determines the organisation, plan of development and formation of
commands, units and institutions of the VJ, in conformity with the nature and needs of the
VJ and pursuant to acts rendered by the President of the FRY.

72. In his position of authority, Colonel General Dragoljub OJDANIC also
determines the plan for recruiting and filling vacancies within the VJ and the
distribution of recruits therein; issues regulations concerning training of the VJ;
determines the educational plan and advanced training of professional and reserve military
officers; and performs other tasks stipulated by law.

73. As Chief of the General Staff of the VJ, Colonel General
Dragoljub OJDANIC -- or other officers empowered by him -- assigns commissioned
officers, non-commissioned officers and soldiers, and promotes non-commissioned officers,
reserve officers, and officers up to the rank of colonel. In addition, Colonel General
Dragoljub OJDANIC nominates the president, judges, prosecutors, and their respective
deputies and secretaries, to serve on military disciplinary courts.

74. Colonel General Dragoljub OJDANIC carries out preparations
for the conscription of citizens and mobilisation of the VJ; co-operates with the
Ministries of Internal Affairs of the FRY and Serbia and the Ministry of Defence of the
FRY in mobilising organs and units of Ministries of Internal Affairs; monitors and,
proposes measures to correct problems encountered during, and informs the Government of
the FRY and the Supreme Defence Council about the implementation of the aforementioned
mobilisation.

75. As the Chief of the General Staff of the VJ , Colonel General
Dragoljub OJDANIC is responsible for the actions of his subordinates within the VJ and
for the actions of any federal and republican police forces, which are subordinated to the
VJ, who have committed crimes since January 1999 within the province of Kosovo.

76. Vlajko STOJILJKOVIC was named Minister of Internal Affairs
of Serbia on 24 March 1998. As head of a Serbian government ministry, Vlajko
STOJILJKOVIC is responsible for the enforcement of laws, regulations and general acts
promulgated by Serbia’s Assembly, Government or President.

77. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC
directs the work of the Ministry of Internal Affairs and its personnel. He determines the
structure, mandate and scope of operations of organisational units within the Ministry of
Internal Affairs. He is empowered to call up members of the Ministry of Internal Affairs
reserve corps to perform duties during peace time, and to prevent activities threatening
Serbia’s security. The orders which he and Ministry of Internal Affairs superior
officers issue to Ministry of Internal Affairs personnel are binding unless they
constitute a criminal act.

78. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC
has powers of review over decisions and acts of agents for the Ministry. He considers
appeals against decisions made in the first instance by the head of an organisational unit
of the Ministry of Internal Affairs. Moreover, he is empowered to decide appeals made by
individuals who have been detained by the police.

79. On 8 April 1999, as Minister of Internal Affairs of Serbia, Vlajko
STOJILJKOVIC’s powers during the state of war were expanded to include
transferring Ministry employees to different duties within the Ministry for as long as
required.

80. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC
is responsible for ensuring the maintenance of law and order in Serbia. As Minister of
Internal Affairs, he is responsible for the actions of his subordinates within the police
forces of the Ministry of Internal Affairs of Serbia who have committed crimes since
January 1999 in the province of Kosovo.

GENERAL ALLEGATIONS

81. At all times relevant to this indictment, a state of armed conflict
existed in Kosovo in the FRY.

82. All acts and omissions charged as crimes against humanity were part
of a widespread or systematic attack directed against the Kosovo Albanian civilian
population of Kosovo in the FRY.

83. Each of the accused is individually responsible for the
crimes alleged against him in this indictment, pursuant to Article 7(1) of the Tribunal
Statute. Individual criminal responsibility includes committing, planning, instigating,
ordering or aiding and abetting in the planning, preparation or execution of any crimes
referred to in Articles 2 to 5 of the Tribunal Statute.

84. In as much as he has authority or control over the VJ and police
units, other units or individuals subordinated to the command of the VJ in Kosovo, Slobodan
MILOSEVIC, as President of the FRY, Supreme Commander of the VJ and President of the
Supreme Defence Council, is also, or alternatively, criminally responsible for the
acts of his subordinates, including members of the VJ and aforementioned employees of the
Ministries of Internal Affairs of the FRY and Serbia, pursuant to Article 7(3) of the
Tribunal Statute.

85. In as much as he has authority or control over police units of the
Ministry of Internal Affairs, the VJ, or police units, other units or individuals
subordinated to the command of the VJ in Kosovo, Milan MILUTINOVIC, as President of
Serbia and a member of the Supreme Defence Council, is also, or alternatively,
criminally responsible for the acts of his subordinates, including aforementioned
employees of the Ministry of Internal Affairs of Serbia, pursuant to Article 7(3) of the
Tribunal Statute.

86. In as much as he has authority or control over the VJ and police
units, other units or individuals subordinated to the command of the VJ in Kosovo, Colonel
General Dragoljub OJDANIC, as Chief of the General Staff of the VJ, is
also, or alternatively, criminally responsible for the acts of his subordinates, including
members of the VJ and aforementioned employees of the Ministries of Internal Affairs of
Serbia and the FRY, pursuant to Article 7(3) of the Tribunal Statute.

87. In as much as he has authority or control over employees of the
Ministry of Internal Affairs, including any other regular or mobilised police units, Vlajko
STOJILJKOVIC, as Minister of Internal Affairs of Serbia, is also, or
alternatively, criminally responsible for the acts of his subordinates, including
employees of the Ministry of Internal Affairs of Serbia, pursuant to Article 7(3) of the
Tribunal Statute.

88. A superior is responsible for the acts of his subordinate(s) if he
knew or had reason to know that his subordinate(s) was/were about to commit such acts or
had done so and the superior failed to take the necessary and reasonable measures to
prevent such acts or to punish the perpetrators thereof.

89. The general allegations contained in paragraphs 81 through 88 are
re-alleged and incorporated into each of the charges set forth below.

CHARGES

COUNTS 1 - 4

CRIMES AGAINST HUMANITY

VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR

90. Beginning in January 1999 and continuing to the date of this
indictment, Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola SAINOVIC, Dragoljub OJDANIC, and
Vlajko STOJILJKOVIC planned, instigated, ordered, committed or otherwise aided and
abetted in a campaign of terror and violence directed at Kosovo Albanian civilians living
in Kosovo in the FRY.

91. The campaign of terror and violence directed at the Kosovo Albanian
population was executed by forces of the FRY and Serbia acting at the direction, with the
encouragement, or with the support of Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola
SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC. The operations targeting
the Kosovo Albanians were undertaken with the objective of removing a substantial portion
of the Kosovo Albanian population from Kosovo in an effort to ensure continued Serbian
control over the province. To achieve this objective, the forces of the FRY and Serbia,
acting in concert, have engaged in well-planned and co-ordinated operations as described
in paragraphs 92 through 98 below.

92. The forces of the FRY and Serbia, have in a systematic manner,
forcibly expelled and internally displaced hundreds of thousands of Kosovo Albanians from
their homes across the entire province of Kosovo. To facilitate these expulsions and
displacements, the forces of the FRY and Serbia have intentionally created an atmosphere
of fear and oppression through the use of force, threats of force, and acts of violence.

93. Throughout Kosovo, the forces of the FRY and Serbia have looted and
pillaged the personal and commercial property belonging to Kosovo Albanians forced from
their homes. Policemen, soldiers, and military officers have used wholesale searches,
threats of force, and acts of violence to rob Kosovo Albanians of money and valuables, and
in a systematic manner, authorities at FRY border posts have stolen personal vehicles and
other property from Kosovo Albanians being deported from the province.

94. Throughout Kosovo, the forces of the FRY and Serbia have engaged in
a systematic campaign of destruction of property owned by Kosovo Albanian civilians. This
has been accomplished through the widespread shelling of towns and villages; the burning
of homes, farms, and businesses; and the destruction of personal property. As a result of
these orchestrated actions, villages, towns, and entire regions have been made
uninhabitable for Kosovo Albanians.

95. Throughout Kosovo, the forces of the FRY and Serbia have harassed,
humiliated, and degraded Kosovo Albanian civilians through physical and verbal abuse.
Policemen, soldiers, and military officers have persistently subjected Kosovo Albanians to
insults, racial slurs, degrading acts, beatings, and other forms of physical mistreatment
based on their racial, religious, and political identification.

96. Throughout Kosovo, the forces of the FRY and Serbia have
systematically seized and destroyed the personal identity documents and licenses of
vehicles belonging to Kosovo Albanian civilians. As Kosovo Albanians have been forced from
their homes and directed towards Kosovo’s borders, they have been subjected to
demands to surrender identity documents at selected points en route to border
crossings and at border crossings into Albania and Macedonia. These actions have been
undertaken in order to erase any record of the deported Kosovo Albanians’ presence in
Kosovo and to deny them the right to return to their homes.

97. Beginning on or about 1 January 1999 and continuing until the date
of this indictment, the forces of the FRY and Serbia, acting at the direction, with the
encouragement, or with the support of Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola
SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC have perpetrated the
actions set forth in paragraphs 92 through 96, which have resulted in the forced
deportation of approximately 740,000 Kosovo Albanian civilians. These actions have been
undertaken in all areas of Kosovo, and these means and methods were used throughout the
province, including the following municipalities:

a. Dakovica/GjakovN : On or
about 2 April 1999, forces of the FRY and Serbia began forcing residents of the town of
Dakovica/GjakovN to leave. Forces of the FRY and
Serbia spread out through the town and went house to house ordering Kosovo Albanians from
their homes. In some instances, people were killed, and most persons were threatened with
death. Many of the houses and shops belonging to Kosovo Albanians were set on fire, while
those belonging to Serbs were protected. During the period from 2 to 4 April 1999,
thousands of Kosovo Albanians living in Dakovica/GjakovN
and neighbouring villages joined a large convoy, either on foot or driving in cars, trucks
and tractors, and moved to the border with Albania. Forces of the FRY and Serbia directed
those fleeing along pre-arranged routes, and at police checkpoints along the way most
Kosovo Albanians had their identification papers and license plates seized. In some
instances, Yugoslav army trucks were used to transport persons to the border with Albania.

b. Gnjilane/Gjilan: Forces of the FRY and Serbia entered the
town of Prilepnica/PN rlepnicN on or about 6 April 1999, and ordered residents to leave
saying that the town would be mined the next day. The townspeople left and tried to go to
another village but were turned back by police. On 13 April 1999, residents of
Prilepnica/PN rlepnicN
were again informed that the town had to be evacuated by the following day. The next
morning, the Kosovo Albanian residents left in a convoy of approximately 500 vehicles and
headed to the Macedonian border. Shortly after the residents left, the houses in
Prilepnica/PN rlepnicN
were set on fire. Kosovo Albanians in other villages in Gnjilane/Gjilan municipality were
also forced from their homes, and were made to join another convoy to the Macedonian
border. Along the way, some men were taken from the convoy and killed along the road. When
the Kosovo Albanians reached the border, their identification papers were confiscated.
c. Kosovska Mitrovica/MitrovicN : In late
March 1999, forces of the FRY and Serbia began moving systematically through the town of
Kosovska Mitrovica/MitrovicN . They entered the homes
of Kosovo Albanians and ordered the residents to leave their houses at once and to go to
the bus station. Some houses were set on fire forcing the residents to flee to other parts
of the town. Over a two week period the forces of the FRY and Serbia continued to expel
the Kosovo Albanian residents of the town. During this period, properties belonging to
Kosovo Albanians were destroyed and Kosovo Albanians were robbed of money, vehicles, and
other valuables. A similar pattern was repeated in other villages in the Kosovska
Mitrovica/MitrovicN municipality, where Kosovo
Albanians were forced from their homes, followed by the destruction of their villages by
forces of the FRY and Serbia. The Kosovo Albanian residents of the municipality were
forced to join convoys going to the Albanian border. En route to the border, Serb
soldiers, policemen, and military officers robbed them of valuables and seized their
identity documents.

d. Orahovac/Rahovec: On the morning of 25 March 1999, forces of
the FRY and Serbia surrounded the village of Celine with tanks and armoured vehicles.
After shelling the village, troops entered the village and systematically looted and
pillaged everything of value from the houses. Most of the Kosovo Albanian villagers had
fled to a nearby forest before the army and police arrived. On 28 March, a number of Serb
police forced the thousands of people hiding in the forest to come out. After marching the
civilians to a nearby village, the men were separated from the women and were beaten,
robbed, and had all of their identity documents taken from them. The men were then marched
to Prizren and eventually forced to go to the Albanian border.

On 25 March 1999, a large group of Kosovo Albanians went to a mountain
near the village of Nagafc, also in Orahovac/Rahovec municipality, seeking safety from
attacks on nearby villages. Forces of the FRY and Serbia surrounded them and on the
following day, ordered the 8,000 people who had sought shelter on the mountain to leave.
The Kosovo Albanians were forced to go to a nearby school and then they were forcibly
dispersed into nearby villages. After three or four days, the forces of the FRY and Serbia
entered the villages, went house to house and ordered people out. Eventually, they were
forced back into houses and told not to leave. Those who could not fit inside the houses
were forced to stay in cars and tractors parked nearby. On 2 April 1999, the forces of the
FRY and Serbia started shelling the villages, killing a number of people who had been
sleeping in tractors and cars. Those who survived headed for the Albanian border. As they
passed through other Kosovo Albanian villages, which had been destroyed, they were taunted
by Serb soldiers. When the villagers arrived at the border, all their identification
papers were taken from them.

e. Pec/PejN : On 27 and 28
March 1999, in the city of Pec/PejN , forces of the
FRY and Serbia went from house to house forcing Kosovo Albanians to leave. Some houses
were set on fire and a number of people were shot. Soldiers and police were stationed
along every street directing the Kosovo Albanians toward the town centre. Once the people
reached the centre of town, those without cars or vehicles were forced to get on buses or
trucks and were driven to the town of Prizren. Outside Prizren, the Kosovo Albanians were
forced to get off the buses and walk approximately 40 kilometres to the Albanian border
where they were ordered to turn their identification papers over to Serb policemen.
f. Pristina/PrishtinN : On or about 1 April
1999, Serbian police went to the homes of Kosovo Albanians in the city of
Pristina/PrishtinN and forced the residents to leave
in a matter of minutes. During the course of these forced expulsions, a number of people
were killed. Many of those forced from their homes went directly to the train station,
while others sought shelter in nearby neighbourhoods. Hundreds of ethnic Albanians, guided
by Serb police at all the intersections, gathered at the train station and then were
loaded onto overcrowded trains or buses after a long wait where no food or water was
provided. Those on the trains went as far as General Jankovic, a village near the
Macedonian border. During the train ride many people had their identification papers taken
from them. After getting off the trains, the Kosovo Albanians were told by the Serb police
to walk along the tracks into Macedonia since the surrounding land had been mined. Those
who tried to hide in Pristina/PrishtinN were expelled
a few days later in a similar fashion.
During the same period, forces of the FRY and Serbia entered the villages of
Pristina/PrishtinN municipality where they beat and
killed many Kosovo Albanians, robbed them of their money, looted their property and burned
their homes. Many of the villagers were taken by truck to Glogovac in the municipality of
Lipljan/Lipjan. From there, they were transported to General Jankovic by train and walked
to the Macedonian border. Others, after making their way to the town of Urosevac/Ferizaj,
were ordered by the Serb police to take a train to General Jankovic, from where they
walked across the border into Macedonia.
g. Prizren: On 25 March 1999 the village of Pirana was surrounded by forces of
the FRY and Serbia, tanks and various military vehicles. The village was shelled and a
number of the residents were killed. Thereafter, police entered the village and burned the
house of Kosovo Albanians. After the attack, the remaining villagers left Pirana and went
to surrounding villages. Some of the Kosovo Albanians fleeing toward Srbica were killed or
wounded by snipers. Serb forces then launched an offensive in the area of Srbica and
shelled the villages of Reti e Utlet, Reti and Randobrava. Kosovo Albanian villagers were
forced from their homes and sent to the Albanian border. From 28 March 1999, in the city
of Prizren itself, Serb policemen went from house to house, ordering Kosovo Albanian
residents to leave. They were forced to join convoys of vehicles and persons travelling on
foot to the Albanian border. At the border all personal documents were taken away by Serb
policemen.

h. Srbica/Skenderaj: On or about 25 March 1999, the villages of
Vojnik, Lecina, Klladernica, Turiqevc Broje and Izbica were destroyed by shelling and
burning. A group of approximately 4,500 Kosovo Albanians from these villages gathered
outside the village of Izbica where members of the forces of the FRY and Serbia demanded
money from the group and separated the men from the women and children. A large number of
the men were then killed. The surviving women and children were moved as a group towards
Vojnik and then on to the Albanian border.
i. Suva Reka/SuharekN : On the morning of
25 March 1999, forces of the FRY and Serbia surrounded the town of Suva Reka/SuharekN . During the following days, police officers went from
house to house, threatening Kosovo Albanian residents, and removing many of the people
from their homes at gunpoint. The women, children and elderly were sent away by the police
and then a number of the men were killed by the Forces of the FRY and Serbia. The Kosovo
Albanians were forced to flee making their way in trucks, tractors and trailers towards
the border with Albania. While crossing the border, they had all their documents and money
taken.
On 31 March 1999, approximately 80,000 Kosovo Albanians displaced from villages in the
Suva Reka/SuharekN municipality gathered near
Bellanice. The following day, forces of the FRY and Serbia shelled Bellanice, forcing the
displaced persons to flee toward the Albanian border. Prior to crossing the border, they
had all their identification documents taken away.
j. Urosevac/Ferizaj: During the period between 4 and 14 April 1999, forces of
the FRY and Serbia shelled the villages of Softaj, Rahovica, Zltara, Pojatista, Komoglava
and Sojevo, killing a number of residents. After the shelling, police and military
vehicles entered the villages and ordered the residents to leave. After the villagers left
their houses, the soldiers and policemen burned the houses. The villagers that were
displaced joined in a convoy to the Macedonian border. At the border, all of their
documents were taken.

98. Beginning on or about 1 January 1999 and continuing until the date
of this indictment, forces of the FRY and Serbia, acting at the direction, with the
encouragement, or with the support of Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola
SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC, have murdered hundreds of
Kosovo Albanian civilians. These killings have occurred in a widespread or systematic
manner throughout the province of Kosovo and have resulted in the deaths of numerous men,
women, and children. Included among the incidents of mass killings are the following:

a. On or about 15 January 1999, in the early morning hours, the village
of Racak (Stimlje/Shtime municipality) was attacked by forces of the FRY and Serbia. After
shelling by the VJ units, the Serb police entered the village later in the morning and
began conducting house-to-house searches. Villagers, who attempted to flee from the Serb
police, were shot throughout the village. A group of approximately 25 men attempted to
hide in a building, but were discovered by the Serb police. They were beaten and then were
removed to a nearby hill, where the policemen shot and killed them. Altogether, the forces
of the FRY and Serbia killed approximately 45 Kosovo Albanians in and around Racak. (Those
persons killed who are known by name are set forth in Schedule A, which is attached as an
appendix to this indictment.)

b. On or about 25 March 1999, forces of the FRY and Serbia attacked the
village of Bela Crkva (Orahovac/Rahovec municipality). Many of the residents of Bela Crkva
fled into a streambed outside the village and sought shelter under a railroad bridge. As
additional villagers approached the bridge, a Serbian police patrol opened fire on them
killing 12 persons, including 10 women and children. The police then ordered the remaining
villagers out of the streambed, at which time the men were separated from the women and
small children. The police ordered the men to strip and then systematically robbed them of
all valuables. The women and children were then ordered to leave. The village doctor
attempted to speak with the police commander, but he was shot and killed, as was his
nephew. The other men were then ordered back into the streambed. After they complied, the
police opened fire on the men, killing approximately 65 Kosovo Albanians. (Those persons
killed who are known by name are set forth in Schedule B which is attached as an appendix
to the indictment.)

c. On or about 25 March 1999, the villages of Velika Krusa and Mali
Krusa/Krushe e Mahde and Krushe e Vogel (Orahovac/Rahovec municipality) were attacked by
forces of the FRY and Serbia. Village residents took refuge in a forested area outside
Velika Krusa/Krushe e Mahde, where they were able to observe the police systematically
looting and then burning the villagers’ houses. On or about the morning of 26 March
1999, Serb police located the villagers in the forest. The police ordered the women and
small children to leave the area and to go to Albania. The police then searched the men
and boys and took their identity documents, after which they were made to walk to an
uninhabited house between the forest and Mali Krusa/Krushe e Vogel. Once the men and boys
were assembled inside the house, the Serb police opened fire on the group. After several
minutes of gunfire, the police piled hay on the men and boys and set fire to it in order
to burn the bodies. As a result of the shootings and the fire, approximately 105 Kosovo
Albanian men and boys were killed by the Serb police. (Those persons killed who are known
by name are set forth in Schedule C which is attached as an appendix to this indictment.)

d. On or about the evening of 26 March 1999, in the town of
Dakovica/GjakovN , Serb gunmen came to a house on
Ymer Grezda Street. The women and children inside the house were separated from the men,
and were ordered to go upstairs. The Serb gunmen then shot and killed the 6 Kosovo
Albanian men who were in the house. (The names of those killed are set forth in Schedule D
which is attached as an appendix to this indictment.)

e. On or about 27 March 1999, in the morning hours, forces of the FRY
and Serbia attacked the village of Crkolez/Padalishte (Istok/Istog municipality). As the
forces entered the village, they fired on houses and on villagers who attempted to flee.
Eight members of the Beke IMERAJ family were forced from their home and were killed in
front of their house. Other residents of Crkolez/Padalishte were killed at their homes and
in a streambed near the village. Altogether, forces of the FRY and Serbia killed
approximately 20 Kosovo Albanians from Crkolez/Padalishte. (Those persons killed who are
known by name are set forth in Schedule E which is attached as an appendix to this
indictment.)

f. On or about 27 March 1999, FRY and Republic of Serbia forces
attacked the village of Izbica (Srbica/Skenderaj municipality). Several thousand village
residents took refuge in a meadow outside the village. On or about 28 March 1999, forces
of the FRY and Serbia surrounded the villagers and then approached them, demanding money.
After valuables were stolen by the soldiers and policemen, the men were separated from the
women and small children. The men were then further divided into two groups, one of which
was sent to a nearby hill, and the other of which was sent to a nearby streambed. Both
groups of men were then fired upon by the forces of the FRY and Serbia, and approximately
130 Kosovo Albanian men were killed. (Those persons killed who are known by name are set
forth in Schedule F which is attached as an appendix to this indictment.)

g. On or about the early morning hours of 2 April 1999, Serb police
launched an operation against the Qerim district of Dakovica/GjakovN . Over a period of several hours, Serb police forcibly
entered houses of Kosovo Albanians in the Qerim district, killing the occupants, and then
setting fire to the buildings. In the basement of a house on Millosh Gilic Street, the
Serb police shot the 20 occupants and then set the house on fire. As a result of the
shootings and the fires set by the Serb police, 20 Kosovo Albanians were killed, of whom
19 were women and children. (The names of those killed are set forth in Schedule G which
is attached as an appendix to this indictment.)

99. Beginning on or about 1 January 1999 and continuing until the date
of this indictment, the forces of the FRY and Serbia, acting at the direction, with the
encouragement, or with the support of Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola
SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC, have utilised the means
and methods set forth in paragraphs 92 through 98 to execute a campaign of persecution
against the Kosovo Albanian civilian population based on political, racial, or religious
grounds.

100. By these actions Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola
SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC planned, instigated,
ordered, committed or otherwise aided and abetted the planning, preparation or execution
of:

COUNT 1

(Deportation)

Count 1: Deportation, a CRIME AGAINST HUMANITY, punishable
under Article 5(d) of the Statute of the Tribunal.

COUNT 2

(Murder)

Count 2: Murder, a CRIME AGAINST HUMANITY, punishable under
Article 5 (a) of the Statute of the Tribunal.

COUNT 3

(Murder)

Count 3: Murder, a VIOLATION OF THE LAWS OR CUSTOMS OF WAR,
punishable under Article 3 of the Statute of the Tribunal and recognised by Article
3(1)(a) (murder) of the Geneva Conventions.

COUNT 4

(Persecutions)

Count 4: Persecutions on political, racial and religious grounds, a
CRIME AGAINST HUMANITY, punishable under Article 5(h) of the Statute of the
Tribunal.

Louise Arbour

Prosecutor

22 May 1999

The Hague, The Netherlands

Schedule A

Persons Known by Name Killed at Racak - 15 January 1999