Friday, March 2, 2012 - 1:59 PM

The prosecutors in the Ratko Mladic case have published a pre-trial brief outlining their evidence against the former Bosnian Serb military commander. The 166-page document charges Mladic with double genocide and the intent to make Muslims and Croats "vanish completely" from an ethnically pure Bosnian Serb state. His trial is scheduled to open on May 14. He is photographed above with his defense team in typically truculent mood wearing a Russian hat.
The first charge of genocide relates to the ethnic cleansing campaign that Mladic's forces conducted in numerous Bosnian municipalities between May and December 1992, and the creation of a network of prison camps. The second charge of genocide focuses on the murders of "over 7,000 Bosnian Muslim men and boys" following the capture of the United Nations "safe area" of Srebrenica. The document states that "5,977 murder victims" have been identified through DNA samples as of January 13, 2012.
The prosecution brief sheds new light on Mladic's movements between July 13 and 14, which I dealt with in an earlier series of posts. It makes no reference to Mladic's alleged presence at a mass execution near the village of Orahovac on July 14, which featured prominently in earlier prosecution testimony and journalistic accounts of the massacre. There is also no mention of his alleged presence at a detention site for Muslim prisoners in the town of Bratunac on the evening of July 13.
Reconstructing Mladic's movements on the afternoon of July 13, the prosecutors say he visited Sandici meadow, Konjevic Polje, and Nova Kasaba soccer field "where prisoners were held prior to being executed." He is alleged to have been present when "his men beat and shot one of the prisoners" at Nova Kasaba. He then returned to his headquarters at Crna Rijeka, and attended a military promotion ceremony in the nearby town of Vlasenica on the evening of July 13. He spent the night of July 13 in Crna Rijeka.
This timetable would appear to undermine the testimony of Srebrenica survivor Hurem Suljic who claims that he saw Mladic on two different occasions during the evening of July 13 in Bratunac, some 25 miles away. Suljic has told journalists and prosecutors that he saw Mladic again on the evening of July 14 at the execution site near Orahovac.
The prosecutors cite an intercepted telephone conversation to show that Mladic remained at his Crna Rijeka headquarters on the morning of July 14. According to the prosecution, he "travelled through Zvornik on his way to Belgrade" on the afternoon of July 14.
The map below uses blue markers to indicate places Mladic visited on July 13-14, according to the prosecutor's pre-trial brief, and yellow markers to indicate places where Suljic claims to have seen Mladic in person. Click on any marker for further details.
View larger map. Click on icons for further details.
It is conceivable that Mladic visited the Orahovac detention and execution sites during this time frame, as Orahovac is only a few miles down the road from Zvornik. However, the prosecutors make no mention of this possibility, saying only that he was in Zvornik when his subordinates "were actively supervising the execution of prisoners held in the Zvornik area."
According to his war diary, Mladic travelled to a hunting lodge near Belgrade for a 2115 meeting with Serbian president Slobodan Milosevic and European peace envoy Carl Bildt.
Mladic defense lawyers claim that their client was not in the Zvornik-Srebrenica area on July 14. You can find my earlier posts on his movements for July 13 here and July 14 here.
International Criminal Tribunal for the Former Yugoslavia.
The Stench of Bosnian Genocide Denial
There appears to be synchronized campaign by Bosnian Genocide deniers to undermine Michael Dobbs.
I have noticed in comments posted on Dobbs' articles that people close to the so called "Srebrenica Historical Project" (this is Republika Srpska -financed genocide denial NGO) continue to spread the filth of denial whenever and where-ever they can.
The stench of denial can be felt even through a computer screen. Although I fully support the right of genocide deniers to express their personal opinions, I hope they understand that a pile of dirty toilet paper has more worth than their words.
8000 Srebrenica Genocide Victims
I also want to make clear that the number of 5,977 victims corresponds only to those victims that were identified through the advanced DNA/blood/bone forensics. The number of victims systematically slaughtered by Serb forces after the fall of Srebrenica amounts to nearly 8000 according to the International Criminal Tribunal and/or exactly 8,372 according to the Srebrenica Genocide memorial in Potocari, Bosnia-Herzegovina.
"systematically slaughtered" , "systematically raped". "systematically" --- what's yer point, systematically speaking, Danny Boy?
Now I understand.
Now I understand.
Glad to see I am not the only one to notice this
"The stench of denial can be felt even through a computer screen. Although I fully support the right of genocide deniers to express their personal opinions, I hope they understand that a pile of dirty toilet paper has more worth than their words."
+1
For the last few weeks I was finding parallels between their arguments and those of Holocaust deniers. One guy even used the same exact example used by the David Irving crowd as an example of "moral relativitity".
Even worse are the attempts at armchair lawyering in trying to contest the evidence presented at the trial. When these jokers claim to dispute some fact of the case all you have to do is point to the trial itself.
If their arguments were so readily apparent and supportable, the defense attorney would already be bringing it up. Mladic has some of the most skilled criminal defense attorneys in his bullpen. If they are not addressing a potential argument it means it can't be supported in good faith. Lawyers run the risk of sanction if they clearly misrepresent facts or bring up arguments without any potential legal merit.
The important things to bear in mind:
1. There is no moral or legal excuse for genocide
2. Genocide is the official charge of the court, it is not a debateable term
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Serbs consider the killing of thousands of unarmed civilizations because they of their race as "accident", not "genocide".
Mr. Baseball Bat needs some potty training!
The only synchronized campaign around is by Srebrenica genocide affirmers, and it has been going on, largely unchallenged, for the last 16 monotonous years. It is good that Mr. Toljaga [until now suspected to be hiding behind the pseudonym Spood] has finally come out into the open to face the audience. Mr. Baseball Bat would actually be a much more accurate rendition of Mr. Toljaga’s awkward BCS surname than Spood, but the choice is his.
It is kind of Mr. Baseball Bat to support our right to free expression, but that is already guaranteed by the law so his support is entirely superfluous.
As for toilet matters, that is where most of Mr. Toljaga’s comments properly belong, and be sure to flush. The 5,977 victims allegedly identified under independently unverifiable procedures conducted by the ICMP laboratory in Tuzla are of little relevance in establishing how many prisoners were unlawfully killed. For one thing, as Jean-Rene Ruez, prosecution chief investigator, admitted recently at the Karadzic trial, DNA matches are not an indication of the time or manner of death. [Transcript, 23,925] Secondly, it is a fact admitted by everyone, from survivors to prosecution military expert Richard Butler, and US intelligence officer in Sarajevo at the time, John Schindler, that the 28th Division column suffered enormous legitimate combat losses on its way from Srebrenica to Tuzla. So manner of death is a key issue in a properly conducted trial, but it is a riddle that DNA does not solve. It does not appear that the factually unsupported figures cited by Mr. Toljaga in his numbers game, be it 5,977 or 8,372 victims, make allowance for losses which are legitimate battle casualties and for which no one so far has been criminally charged.
Mr. Toljaga’s incapacity to face Srebrenica issues on a factual level most likely explains his posturing about the “stench” of statements that he obviously finds disagreeable, but is unable to refute. It is embarrassing when someone with a pretense to academic credentials must resorts to unsavory scatological references. In a debate, factual and rational discourse is the only thing that is called for.
Ratko Mladic was removed from the UN war crimes court at The Hague on Monday after refusing to enter a plea and repeatedly talking while the judge attempted to read the list of charges.
The presiding judge, Alphons Orie, briefly adjourned the hearing to have Mladic removed, and formally entered not guilty pleas on the former general's behalf, in line with court rules for suspects who refuse to plead.sciatic nerve pain
Mladic argued he should be allowed to choose his own lawyers and refused to listen to the charges. "You are trying to impose impossible conditions on me – a lawyer I do not want," he said.
Mr. Toljaga,
Let's stick to the evidence and not get into juvenile arguments about who's opinions amount to "a pile of dirty toilet paper". Let's try to talk about this like grown-ups. The readers can decide for themselves which side has the better evidence.
You seem to be making two claims here. First that 8,000 or more people were captured and then systematically executed by Serbian forces, and secondly that the motivation behind the killing was genocidal intent to destroy the Bosnian-Muslim ethnic group as such.
I would like to see you present some specific evidence to substantiate your claims. What evidence do you have that Serbian forces captured, let alone executed, that many people? Given that there was a war going on and that most of the victims were part of a military column that tried to cross the Serbian front line, how can you dismiss the possibility that some of them died in combat?
Secondly, given that approximately 90% of the victims were either soldiers or military aged men, how do you know that the motivation behind the executions that did happen was genocidal intent to destroy the Bosnian-Muslim ethnic group as such, and not an intent to destroy members and suspected members of the Army of Bosnia-Herzegovina, specifically members of Nasir Oric's 28th Infantry Division? What specific evidence do you have that the ethnic group itself was the target?
@ Misha - This isn't about reasoning with individual people, this is about exposing the lack of evidence behind certain claims that have been made. Don't get sucked into verbal fight with people. The ad hominem attacks and and the personal insults are just a distraction, they're a tactic.
If you're in an argument with a person who doesn't have the facts on their side, you're playing into their hands if you let the debate turn into verbal fight where you trade insults with each other. You're letting them off the hook if you get sucked into that kind of nonsense. So don't do it. Don't insult Mr. Toljaga or Mr. Dobbs. Don't let this get personal, stay focused on the topic. Don't get angry, just focus on proving your claims and disproving theirs.
A column of mobilized troops under orders from Preseident Izetbegovic to re-deploy to Bihac "slipped" through Serb lines. If they all had been wiped out, that was their choice -- "No coexistence of Islam with non-Islamic institutions... Muslims must take over" -- Alija Izetbegovic. Islamska Deklaracija.
Think of this as you would the trial of a mobster
All expect in a criminal trial proof beyond a reasonable doubt; the brief does not provide secure proof of vital matters, such as the organization of the entity Mr. Mladic is said to have headed. American prosecutors tend to put forward arguments in bold before evidence that can actually be read. The document proffered by Mr. Dobbs is not an indictment, but some sort of a summary, so there may simply be a stylistic point. Nonetheless, the paucity of hard evidence disturbs. One should never make an assertion like "Mr. Mladic was in charge of agency X" based on a single order bearing his name & an opinion of an international observer. Presence at multiple meetings indicates only presence at multiple meetings. It does not prove that the person present made decisions at those meetings. For all anyone knows from the brief, Mr. Mladic might have simply been a representative at those meetings of Mr. Karadzic.
Could Misha's oblique reference above be to the distinguished Professor Whore? If so, Misha must be corrected, or rather supplemented in his modest appraisal. The professor is not just a "world renowned historian" [that is the least of it], but also a world renowned expert on genocide and international law, and on just about any other subject that he chooses to deal with. The factual background of Srebrenica seems to be the only weak area in the professor's encyclopaedic knowledge of almost everything.
Yes Misha, but there is another type of player that you're forgetting. Agitators, guys like Esa Tikkanen, who goad the players on the other team into taking unnecessary penalties. All I'm saying is don't take the bait.
Nobody is going to read what anybody here has to say if half of what they see is people arguing with Daniel Toljaga about who smells worse. I know he's the one who started it, but who cares? There is no shame in being more mature than he is. People can read this and make their own judgments. If he's long on insults and name calling, but short on evidence people are going to see that and they'll judge him accordingly. You don't need to insult him.
If you're telling the truth and he's lying, then you've got nothing to gain and everything to lose by letting the debate descend into a name-calling contest.
@ Misha - There you go. In stead of insulting him, why don't you ask Mr. Toljaga how he reconciles his claim to "fully support the right of genocide deniers to express their personal opinions" with the work that his organization, the Institute for the Research of Genocide Canada, did to have Srdja Trifkovic banned from speaking at UBC in Vancouver.
Toljaga is in charge of IRGC in Vancouver. How can he claim to "fully support the right of genocide deniers to express their personal opinions". When his organization, in the city where he lives, writes a letter to the President of UBC saying, "IRGC is shocking (sic) that the University of British Columbia would allow Srdjan Trifkovic, who has repeatedly and openly denied the Srebrenica genocide to speak at this respectable academic institution ... IRGC invites you using your powers to deny Trifkovic’s lecture the University of British Columbia" and "IRGC will send a request to the Canadian Parliament and Government to ban Trifkovic’s lecture." (see letter at: http://www.bosniak.org/genocide-denier-srdja-trifkovic-should-not-be-allowed-to-give-a-lecture-at-the-university-of-british-columbia-in-vancouver/ )
The Srebrenica myth's only hope of survival is that people like Toljaga and the IRGC succeed in having governments forcibly suppress dissenting opinions. Their worst nightmare is for researchers and historians to start scrutinizing the Hague Tribunal's Srebrenica verdicts and comparing the Tribunal's findings to the evidence adduced during the trials. That's when it all falls apart for them -- unless they can have dissenting opinions classified as "hate speech" and banned.
"Praise be to Allah who relieved me of the filth and gave me relief." -- THE PROPHET. -- What does EffendiToljaga know about toilet paper?.
The Srebrenica genocide myth is a very lucrative business, and a business it most certainly is. A great many people are making money on maintaining this myth, from the Clintons and Albright right down to the locals in Bosnia who demand compensation, not to mention the annual fest that is the Srebrenica "memorial." Lots of money coming and going....no...no...they're not going to give up that myth anytime soon just because the facts aren't there.
Thank you so much for the document
The antagonists are listed: Prosecutor & Ratko Mladic.. The document is denoted as "Prosecution Pre-Trial Brief". Almost no argument (I could not find any) is made as to the alleged laws being violated & the reasons why the actions constitute violations of these laws. Thus, this document comprises a recitation of facts by the prosecution, with evidentiary support being provided in the form of footnotes. This is likely the way the Hague wants things, but it seems a bit odd. Most often there is only an indictment (or in California an information) & nothing else.
p 69, part B, "Mladic was a Key Member of a JCE to spread Terror among the Civilian Population of Sarajevo." The primacy of Mladic is not established IMHO. All one sees is the opinion, registered as such, by an international observer & a single order from Mladic forbidding the use of heavier arms than necessary. That does not satisfy my needs for an organizational chart with proof of who ran things.
7,000 deaths in the grand scheme of the universe of military crimes is not much to yell about, but the process fascinates; the logic of the arguments used by both sides will likely prove useful in many other cases.
Whose baby is this bit?
Changing The Definition of Genocide ... Again
What's interesting about this is the fact that they've charged Mladic with genocide against Muslims and Croats outside of Srebrenica for crimes that essentially amount to ethnic cleansing.
In previous trials, the Tribunal has acknowledged the difference between the intent to displace an ethnic group and the intent to destroy an ethnic group.
The indictment against Mladic is an indication that the ICTY is biased against Serbs. There is a clear double standard.
The ICTY never charged the Croatian leadership with genocide for Operation Storm or Flash -- eventhough the intent and the result of those operations was the permanent removal of the Serbian population from Krajina.
Serbs were displaced from the B-H Federation to the same extent that Muslims and Croats were displaced from Republika Srpska. 90% of the Serbs who had lived in the territory that became the Federation weren't living there after the war was over. They had been expelled, as Muslims and Croats had been expelled from Republika Srpska. The ICTY never charged anybody from the Bosnian or Croatian leadership with genocide for that.
Serbs were expelled from Kosovo after the NATO attack on the FRY. Nobody from the leadership of NATO or the KLA was ever charged with genocide for that.
By trying Mladic last, the Tribunal has the luxry of trying him by a different set of rules than everybody else. Because his case is going to be one of the last, if not the last one, to be decided they can do anything they want to with him without having to worry that the precident is going to boomeraing back on them in a later trial.
And of course Mladic isn't well. He's had a few strokes and isn't right in the head anymore. He can't defend himself. It's hard to believe, when you see him and hear what he says, that he's the guy who outwitted an international man hunt for fifteen years. The cynic in me wonders if they didn't wait this long to arrest him on purpose.
I wonder if these people organize themselves or if they're hired to do so. Interesting look in how they make forums and comment sections pointless.
Here is the rundown of the genocide deniers
"I wonder if these people organize themselves or if they're hired to do so. Interesting look in how they make forums and comment sections pointless."
-Stephen Karganovic is a paid shill for a Serbian nationalist organization
-Andywilcoxon is just a crank who thinks he is a defense attorney
-Misha1 is a bored troll who thinks there is a grand conspiracy against Serbia
-Martial I believe is a just a bigot (the guy once cut and pasted whole swaths of Henry Ford's anti-semitic tracts)
It really is sad, because the John McCain of 2000 really was what the country needed then and we would be better off, but just like he said in his speech, he let Washington change him and he chose Palin just to get votes, not because he felt she was best for the job. McCain is an intelligent man, he knows better than anyone else that she was not the best person for the job... so why did he choose her, simple... to try to win the election, not to best serve the country..
"Is rio orange war always comparateur forfait inevitable ?"
MaximB
There is no shame in being more mature than he is. People can read this and make their own judgments. If he's long on insults and name calling, but short on evidence botox people are going to see that and they'll judge him accordingly. You don't need to insult him.If you're telling the truth and he's lying, then you've got nothing to gain and everything to lose by letting the debate descend into a name-calling contest.
Ratko Mladic has been described as "one of those lethal combinations that history thrusts up occasionally-a charismatic murderer." What drove the Bosnian Serb military commander to order Europe's deadliest massacre since World War II? Could it have been prevented? Michael Dobbs, a U.S. Holocaust Memorial Museum fellow, investigates.
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