News 26 Jul 12

New Srebrenica Genocide Indictment Confirmed

The Court of Bosnia and Herzegovina confirmed an indictment against Nedeljko Milidragovic and Aleksa Golijanin, charging them with genocide in Srebrenica in July 1995, but since both men reside in Serbia they are unavailable for prosecution.

Denis Dzidic

According to the charges, Milidragovic, former Commander of a squad with the Jahorina Training Center of the Special Brigade with Republika Srpska police, and Golijanin, former Deputy Commander of a squad with that Center, committed genocide in the period from July 10 to 19, 1995.

The prosecution charges Milidragovic with having killed a disabled Bosniak man during a search of the wider Potacari area on July 12 and then separated a group of 15-20 men from their families and killed them on a nearby meadow.

He is charged with having ordered the shooting of about 100 captives in the Agricultural Co-operative in Kravica.

The indictment alleges that Golijanin participated in the capture of several thousand Bosniaks.

The prosecution alleges that he ordered members of the Centre to execute 15 to 20 captives on a meadow on the side of the road leading from Konjevic Polje to Bratunac and personally participated in the execution.

However, both of the accused have Serbian citizenship and reside in Serbia.  Serbia does not extradite its own citizens, which is why it is highly unlikely that Milidragovic and Golijanin will be delivered to the Bosnian authorities for prosecution.

In order to solve the problem of non-extradition the Bosnian and Serbian prosecutions have agreed last year a protocol of cooperation in prosecution of war crimes suspects, which anticipated that war crimes are prosecuted in countries where the suspect or the accused reside.

The signing of the protocol between prosecutors in Bosnia and Serbia was stopped in November last year by the Presidency of Bosnia and Herzegovina, which said it alone had the authority to sign international treaties and that the Bosnian prosecution could not have signed such a document by itself. The signing of this protocol has been put on hold ever since.

The Court of Bosnia and Herzegovina confirmed another indictment on Tuesday, July 24, which charges Bosnian Serb Savo Babic, former Commander of the Military Police in Bratunac, with crimes against humanity in that municipality in 1992.

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The Bosnian Serb commander’s role in the genocide committed in Srebrenica is described in detail in many indictments and verdicts pronounced before local and international judicial institutions.

The Indictment Against Ratko Mladic

Indictments in 1995 and 2000, further amended in 2002 and 2010, charge the former commander of the Republika Srpska Army with genocide and other crimes.

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