Mandel/Canada-Identified Legal Suit

IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

RE: William J. Clinton, Madeleine Albright, William S. Cohen, Tony Blair, Robin Cook, George Robertson, Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani, Daniel P. Leaf, Jean Chrétien, Lloyd Axworthy, Arthur Eggleton, Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet, Vaclav Havel, J. Kavan, V. Vetchy,  Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup, Jacques Chirac, Lionel Jospin, H. Védrine, Alain Richard, Gerhard Schröder, J. Fischer, R. Scharping, Kostas Simitis, G. Papandreou, A. Tsohatzopoulos, Viktor Orban, J. Martonyi, J. Szabo, David Oddsson, H. Asgrimsson, G. Palsson, Massimo D'Alema, L. Dini, C. Scognamiglio, Jean-Claude Juncker, J. Poos, Alex Bodry, Willem Kok, J. van Aartsen, F.H.G. de Grave, Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll, Jerzy Buzek, B. Geremek, J. Onyszkiewicz, Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão, Jose Maria Aznar, A. Matutes, E. Serra Rexach, Bulent Ecevit, I. Cem and H. S. Turk.

NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM PURSUANT TO ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.

TO:

Madam Justice Louise Arbour,
Prosecutor,
International Criminal Tribunal for the Former Yugoslavia,
Churchillplein 1, 2501 EW,
The Hague,
Netherlands.

AND TO:

FROM:

IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

RE: William J. Clinton, Madeleine Albright, William S. Cohen, Tony Blair, Robin Cook, George Robertson, Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani, Daniel P. Leaf, Jean Chrétien, Lloyd Axworthy, Arthur Eggleton, Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet, Vaclav Havel, J. Kavan, V. Vetchy, Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup, Jacques Chirac, Lionel Jospin, H. Védrine, Alain Richard, Gerhard Schröder, J. Fischer, R. Scharping, Kostas Simitis, G. Papandreou, A. Tsohatzopoulos, Viktor Orban, J. Martonyi, J. Szabo, David Oddsson, H. Asgrimsson, G. Palsson, Massimo D'Alema, L. Dini, C. Scognamiglio, Jean-Claude Juncker, J. Poos, Alex Bodry, Willem Kok, J. van Aartsen, F.H.G. de Grave, Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll, Jerzy Buzek, B. Geremek, J. Onyszkiewicz, Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão, Jose Maria Aznar, A. Matutes, E. Serra Rexach, Bulent Ecevit, I. Cem and H. S. Turk.

NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM PURSUANT TO ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.

WHEREAS the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 was established by the UN Security Council with "the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of" its Statute (Article 1);

AND WHEREAS by Article 2 of the said Statute, the Tribunal has the power "to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention" including the following:

(a) wilful killing; (c) wilfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

AND WHEREAS by Article 3 of the said Statute, "the International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

(a) employment of poisonous weapons or other weapons to cause unnecessary suffering; (b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; (d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science.

AND WHEREAS by Article 6 of the said Statute "the International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute;"

AND WHEREAS Article 7 of the said Statute provides for individual criminal responsibility thus:

1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime. 2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility or mitigate punishment. 3. The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was 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. 4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires.

AND WHEREAS Article 8 of the said Statute provides that the territorial and temporal jurisdiction of the Tribunal "shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991;"

AND WHEREAS by Article 9 of the said Statute "the International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991" but the International Tribunal "shall have primacy over national courts;"

AND WHEREAS Article 18 of the said Statute provides inter alia that:

1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organizations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed. 2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned. 4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.

AND WHEREAS the President of the Tribunal, Judge Gabrielle Kirk McDonald, in a press release of April 8, 1999, urged that:

All States and organisations in possession of information pertaining to the alleged commission of crimes within the jurisdiction of the Tribunal should make such information available without delay to the Prosecutor.

AND WHEREAS on April 30 in Geneva the United Nations High Commissioner for Human Rights Mary Robinson in a speech to the Commission cited a letter from the Prosecutor in which the Prosecutor stated: The actions of individuals belonging to Serb forces, the Kosovo Liberation Army (KLA), or NATO may ¼ come under scrutiny, if it appears that serious violations of international humanitarian law have occurred.

AND WHEREAS High Commissioner Robinson also stated in her speech:

In the NATO bombing of the Federal Republic of Yugoslavia, large numbers of civilians have incontestably been killed, civilian installations targeted on the grounds that they are or could be of military application and NATO remains sole judge of what is or is not acceptable to bomb¼In this situation, the principle of proportionality must be adhered to by those carrying out the bombing campaign. It surely must be right to ask those carrying out the bombing campaign to weigh the consequences of their campaign for civilians in the Federal Republic of Yugoslavia.

AND WHEREAS NATO has carried out between 5,000 and 10,000 bombing missions over the territories of the former Yugoslavia since March 24, 1999;

AND WHEREAS NATO leaders have openly admitted targeting civilian infrastructure as well as military targets;

AND WHEREAS the list of targets has included fuel depots, oil refineries, government offices, power stations and communications links, such as roads, tunnels, bridges and railway links, including those not inside the region of, or in the vicinity of, Kosovo;

AND WHEREAS in addition to these deliberate attacks on civilian infrastructure and objects, there have been a great number of attacks which have caused direct physical harm and death to civilians;

AND WHEREAS it appears that these bombing missions have directly caused the death of approximately 1,000 civilian men, women and children and serious injury to 4,500 more;

AND WHEREAS instances of this nature include the 12 April bombing of a train travelling from Belgrade to Ristovac as it crossed the bridge spanning the Yuzhna Morava river at the Grdelica gorge, killing at least 10 passengers and wounding 16; the 15 April bombing of a refugee convoy in four separate locations along a 12 mile stretch of the road that runs from Prizren to Djakovica, killing approximately 74 people; the 23 April bombing of Serbian Television editorial offices, killing approximately 15 people; the 27 April bombing of a residential district in Surdulica, killing 16 people including 12 children; and the May 1 bombing of a bus on the Luzan bridge in Kosovo killing at least 34 people including 15 children;

AND WHEREAS, though the above-named NATO leaders have claimed that these incidents were accidents, they have also admitted that they were an inevitable result of their bombing strategy, a strategy which they appear to have continued unmodified and even to have intensified throughout these incidents;

AND WHEREAS there is ample evidence in the public statements of NATO leaders that these attacks on civilian targets are part of a deliberate attempt to terrorize the population to turn it against its leadership;

AND WHEREAS the NATO bombing has done an estimated $100 billion dollars in property damage and completely destroyed or seriously damaged dozens of bridges, railways and railway stations, major roads, airports, including civilian airports, hospitals and health care centres, television transmitters, medieval monasteries and religious shrines, cultural-historical monuments and museums, hundreds of schools, faculties and facilities for students and children, thousands of dwellings and civilian industrial and agricultural facilities;

AND WHEREAS refineries and warehouses storing liquid raw materials and chemicals have been hit causing environmental contamination and exposing the civilian population to the emission of poisonous gases;

AND WHEREAS the NATO bombings have also made use of weapons banned by international convention, including cruise missiles utilizing depleted uranium highly toxic to human beings;

AND WHEREAS credible detailed reports of the civilian death and destruction inflicted by the NATO bombing are attached as an Annex to this Notice;

AND WHEREAS THEREFORE there is abundant evidence that many instances of serious violations of international humanitarian law within the jurisdiction of the Tribunal have been committed by NATO forces in the attack on Yugoslavia commencing March 24 and continuing to this day;

AND WHEREAS this evidence is readily available to the Prosecutor in eyewitness, videotaped, televised and publicly broadcast reports, in press reports and on the Internet, and in the evidence presented by the Federal Republic of Yugoslavia in its current complaint against the NATO countries before the International Court of Justice;

AND WHEREAS all of the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO, have admitted publicly to having agreed upon and ordered these actions, being fully aware of their nature and effects;

AND WHEREAS the above-named persons have acted in open violation of the United Nations Charter, which provides in so far as is relevant:

Article 2 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Article 33 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. 2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 51 AND WHEREAS the NATO bombing has done an estimated $100 billion dollars in property damage and completely destroyed or seriously damaged dozens of bridges, railways and railway stations, major roads, airports, including civilian airports, hospitals and health care centres, television transmitters, medieval monasteries and religious shrines, cultural-historical monuments and museums, hundreds of schools, faculties and facilities for students and children, thousands of dwellings and civilian industrial and agricultural facilities;

AND WHEREAS refineries and warehouses storing liquid raw materials and chemicals have been hit causing environmental contamination and exposing the civilian population to the emission of poisonous gases;

AND WHEREAS the NATO bombings have also made use of weapons banned by international convention, including cruise missiles utilizing depleted uranium highly toxic to human beings;

AND WHEREAS credible detailed reports of the civilian death and destruction inflicted by the NATO bombing are attached as an Annex to this Notice;

AND WHEREAS THEREFORE there is abundant evidence that many instances of serious violations of international humanitarian law within the jurisdiction of the Tribunal have been committed by NATO forces in the attack on Yugoslavia commencing March 24 and continuing to this day;

AND WHEREAS this evidence is readily available to the Prosecutor in eyewitness, videotaped, televised and publicly broadcast reports, in press reports and on the Internet, and in the evidence presented by the Federal Republic of Yugoslavia in its current complaint against the NATO countries before the International Court of Justice;

AND WHEREAS all of the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO, have admitted publicly to having agreed upon and ordered these actions, being fully aware of their nature and effects;

AND WHEREAS the above-named persons have acted in open violation of the United Nations Charter, which provides in so far as is relevant:

Article 2 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security;

AND WHEREAS the International Court of Justice has stated in ruling against United States intervention in Nicaragua:

In any event, while the United States might form its own appraisal of the situation as to respect for human rights in Nicaragua, the use of force could not be the appropriate method to monitor or ensure such respect. With regard to the steps actually taken, the protection of human rights, a strictly humanitarian objective, cannot be compatible with de mining of ports, the destruction of oil installations, or again with de training, arming and equipping of the contras.

(CASE CONCERNING THE MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA (NICARAGUA v. UNITED STATES OF AMERICA) (MERITS) Judgment of 27 June 1986, I.C.J. Reports, 1986, p.134-135, paragraphs 267 and 268)

AND WHEREAS the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO have acted in open violation of the NATO Treaty which provides in so far as is relevant:

Article 1 The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

Article 7 This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security;

AND WHEREAS the above-named persons have acted in open violation of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, which provides as follows:

Art 51. - Protection of the civilian population 1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances. 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3. Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities. 4. Indiscriminate attacks are prohibited. Indiscriminate attacks are: (a) those which are not directed at a specific military objective; (b) those which employ a method or means of combat which cannot be directed at a specific military objective; or (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction. 5. Among others, the following types of attacks are to be considered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

Art 79. Measures or protection for journalists 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.

Article 85 - Repression of breaches of this Protocol

3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health: (a) making the civilian population or individual civilians the object of attack; (b) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);

5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

AND WHEREAS the above-named persons have acted in open violation of the Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, as adopted by the General Assembly of the united Nations (1950), which provide in so far as is relevant:

Principle III The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

Principle IV The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle VI The crimes hereinafter set out are punishable as crimes under international law: (a) Crimes against peace: (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i). (b) War crimes: Violations of the laws or customs of war include, but are not limited to, murder wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

Principle VII Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law;

 

THEREFORE we respectfully request that the Prosecutor immediately investigate and indict for serious crimes against international humanitarian law:

THE FOLLOWING HEADS OF STATE AND GOVERNMENT, MINISTERS OF FOREIGN AFFAIRS AND MINISTERS OF DEFENCE OF THE NATO COUNTRIES: William J. Clinton, Madeleine Albright, William S. Cohen (United States of America), Tony Blair, Robin Cook, George Robertson (United Kingdom), Jean Chrétien, Lloyd Axworthy, Arthur Eggleton (Canada), Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet (Belgium), Vaclav Havel, J. Kavan, V. Vetchy (Czech Republic), Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup (Denmark), Jacques Chirac, Lionel Jospin, H. Védrine, Alain Richard (France), Gerhard Schröder, J. Fischer, R. Scharping (Germany), Kostas Simitis, G. Papandreou, A. Tsohatzopoulos (Greece), Viktor Orban, J. Martonyi, J. Szabo (Hungary), David Oddsson, H. Asgrimsson, G. Palsson (Iceland), Massimo D'Alema, L. Dini, C. Scognamiglio (Italy), Jean-Claude Juncker, J. Poos, Alex Bodry (Luxembourg), Willem Kok, J. van Aartsen, F.H.G. de Grave (Netherlands), Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll (Norway), Jerzy Buzek, B. Geremek, J. Onyszkiewicz (Poland), Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão (Portugal), Jose Maria Aznar, A. Matutes, E. Serra Rexach (Spain), Bulent Ecevit, I. Cem and H. S. Turk (Turkey);

AND THE FOLLOWING OFFICIALS AND MILITARY LEADERS OF NATO: Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag, D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani and Daniel P. Leaf;

AND WHOEVER ELSE shall be determined by the Prosecutor's investigations to have committed crimes in the NATO attack on Yugoslavia commencing March 24, 1999.

Respectfully submitted, this 6th day of May, 1999

"Michael Mandel"

Michael Mandel (Professor)
for W. Neil Brooks
Judith A. Fudge
H. J. Glasbeek
Reuben A. Hasson (Professors)

Sil Salvaterra
David Jacobs
Brian Shell
Christopher Black
John Philpot (Barristers and Solicitors)

Peter Rosenthal (Professor, Barrister and Solicitor)

Roberto Bergalli (Professor)

Alejandro Teitelbaum
Alvaro Ramirez Gonzalez
Vanessa Ramos
Beinusz Szmukler (American Association of Jurists)

ANNEX: CIVILIAN DEATH AND DESTRUCTION IN THE FORMER YUGOSLAVIA

The following are two reports from Ministry of Foreign Affairs of the Federal Republic of Yugoslavia (a designated source of information under Article 18.1 of the Stature of the Tribunal):

1) NATO Crimes Against Civilians and Civilian Infrastructure in the Federal Republic of Yugoslavia (MINISTRY OF FOREIGN AFFAIRS YUGOSLAV DAILY SURVEY - www.mfa.gov.yu/Bilteni/Engleski/si290499_1-e.html); and
2) Civilian Victims and Devastation in NATO Aggression on Yugoslavia (SERBIAINFO -  www.serbia-info.com/news/1999-04/23/11210.html)

NATO CRIMES AGAINST CIVILIANS AND CIVILIAN INFRASTRUCTURE IN THE FEDERAL REPUBLIC OF YUGOSLAVIA (April 29, 1999)

The NATO criminal aggression represents the most flagrant violation of the Charter of the United Nations since the inception of the world Organization, a violation of the Helsinki Final Act and the undermining of the very foundations of the international legal order. At the same time, this aggression is a crime against peace, stability and humanity.

The Federal Republic of Yugoslavia has warned on time the United Nations Security Council of a possible aggression, and during the aggression itself it requested that it be immediately halted and most strongly condemned. Had this legitimate request of the Federal Republic of Yugoslavia been met, enormous human sufferings and destruction would have been avoided. The most illustrative examples are given below.

KILLING AND PLIGHT OF THE CIVILIANS During the last thirty-six days of NATO aggression, the Federal Republic of Yugoslavia has been exposed to extensive civilian destruction, unprecedented in modern history of the world. NATO aggressors have focused their attacks primarily on civilian targets, directly threatening the lives and fundamental human rights of the entire population of the Federal Republic of Yugoslavia. By bombing relentlessly the cities, towns and villages throughout Yugoslavia, the NATO aggressor has killed so far, in nine hundred attacks, more than a thousand civilians, including a great number of children. Over five thousand people sustained injuries, many of whom will remain crippled for life. At the same time, several thousand private homes and flats have been ruined, mostly in Belgrade, Nis, Cuprija, Aleksinac, Pristina, etc. We shall present the most tragic instances of the killings and plight of the innocent civilian population. Fifty-five passengers were killed and twenty-six injured in an international passenger train on the Belgrade-Thessaloniki line. More than four hundred civilians were killed by NATO bombs in Kosmet: in the centre of Pristina, in Djakovica, Prizren, Kosovo Polje, Urosevac, Kosovska Mitrovica, in refugee camps in Orahovac and Srbica, Vitina, etc.

Thirteen civilians were killed and twenty-five wounded in an attack on Kursumlija.

Twelve civilians were killed and forty wounded in the bombing of Aleksinac. Sixteen RTS workers were killed and seventeen wounded in the bombing of the headquarters of this biggest Radio and Television outlets in the FRY. Unfortunately, the final number of victims has not been established yet since more victims have remained buried in the rubble.

In Pancevo, Cacak, Vranje and Nis the number of casualties has been increasing each day.

KILLING OF CHILDREN

Children are the most vulnerable category of the population, innocent and defenceless which suffer in particular due to the barbaric bombing of NATO aircraft, which is illustrated by the following examples:

The killing of seven children in Srbica from cluster bombs; The killing of five children from the Kodza family in the village of Doganovici near Urosevac on 24 April 1999 as a result of the delayed effect of bombs (Edon, aged 3, Fisnik, aged 9, Osman, aged 13, Burim, aged 14 and Vajdet, aged 15. Six other children were also injured in the same incident, two of them were seriously wounded.

The killing of a three-year old Milica Rakic in the Belgrade suburb of Batajnica;

The killing of six children in the refugee centre in Djakovica and 19 children in the refugee column on the Prizren-Djakovica road;

The death of a child in Kosovo Polje; The killing of five years old girl Arta Lugic while her brothers Neron and Egzon and her sister Arijeta were seriously wounded in Lipljane;

The killing of nine children in Kursumlija; The killing of two children in Aleksinac, as well as other numerous examples.

Children are most often victims of the sprinkle cluster bombs with delayed effect. The death toll on children would have been even more tragic, had the missile struck the biggest Maternity Hospital in Belgrade (It exploded some thirty metres away from the Hospital).

KILLING AND PLIGHT OF REFUGEES

Particularly tragic is the fate of refugees, who convinced that they should not believe the propaganda ploys on the alleged "ethnic cleansing" decided to return to their homes. Legitimate authorities of the FRY encourage them every day to do so and guarantee their safety. On the occasion of a return of a large group of refugees, on 14 April, on the Djakovica-Prizren road, NATO aircraft killed 75 citizens of the FRY and wounded 111. The attack of NATO aircraft was systematically prepared and lasted for three hours. In this way, NATO has in the most brutal way "demonstrated" that the story of "humanitarian catastrophe" suits it only if it fits in the legitimate aggression on the FRY, as well as that innocent civilians are constantly taken advantage of for NATO interests in the Balkans.

In addition, NATO bombed several refugee camps in which Serbs expelled from Croatia and Bosnia and Herzegovina were accommodated (Djakovica, Pristina, Kursumlija, etc). Several dozens of refugees were killed, mostly children and the frail, ruthlessly ending their tragedy which came about in the wake of the break-up of Yugoslavia.

BOMBING OF SURDULICA

The aggressors war planes bombed at noon, on 27 April 1999, the residential area of the town of Surdulica. On that occasion 16 citizens were killed (including 12 children), while several dozen were wounded out of which twenty persons remained in hospital for further medical treatment. Hundreds of houses were raised to the ground or damaged. Special teams are still clearing up the debris so that it is not possible at the moment to estimate the real proportions of this notorious crime.

ASSASSINATION ATTEMPT ON PRESIDENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA SLOBODAN MILOSEVIC

An assassination attempt on the President of the Federal Republic of Yugoslavia on 22 April 1999 represents an organised terrorist act without precedent in the history of modern Europe. This is not only a crime against a Head of a sovereign State, but primarily an attack on the democratically expressed will of a people and thus against the foundations of the democratic values of the civilisation. Although the residence of the President of the Federal Republic of Yugoslavia was targeted, this attack has also a symbolic meaning as if the targets had been the homes of all Yugoslav citizens. This crime has caused abhorrence and condemnation by international public. However, it is incomprehensible that the United Nations Security Council has remained silent and failed to condemn this terrorist act or the killings of civilians and children.

CRIME AGAINST THE FREEDOM OF SPEECH

The destruction of more than ten private radio and television stations, two dozen TV transmitters, as well as the bombing of the Radio and Television of Serbia building on 23 April 1999 represents the biggest aggression against freedom of thought and a disgrace to the civilization at the threshold of a third millennium. Transmitters at Iriski venac, Krnjaca, Mt Cer, Bukulja, Tornik, Crni vrh, Jasetrebac, Ovcar, Grmija and others were destroyed, so that the transmitter infrastructure at the entire territory of Serbia was severely damaged. Two times in six days the studios and transmitter located at the business centre "Usce" which housed TV stations: BK TV, Pink, Kosava and SOS Channel, as well as several other radio stations were bombed.

Transmitter of the TV station Palma was bombed and destroyed on 28 April 1999.

The satellite station "Yugoslavia" in the village of Prilike near Ivanjica was severely damaged.

BOMBING OF THE BUILDING OF THE RADIO AND TELEVISION OF SERBIA

The building was demolished taking a heavy toll during the bombing of the largest Radio and TV company in the Balkans with 7000 employees and the state-of-the-art infrastructure which was made available to hundreds of foreign correspondence. The aim of this crime, in which 16 RTS workers were killed and 19 wounded, was more than obvious: to suppress the right to a different opinion and its being publicly expressed with a view to pursuing further war-mongering manipulation with the world public. Clearly, the intention of NATO aggressors is to prevent the world public from learning the extensive scope of their crimes and to impose on the world their totalitarian and single-minded perception. Many newspapers in the world and renowned journalists have already raised their voice against the propaganda fabrications of the NATO aggressors.

For all champions of the freedom of speech and for all people committed to the right to freedom of expression, this destructive act represents the last warning alarm before NATO generals take control over the aggressors' media.

DESTRUCTION OF VITAL YUGOSLAV ECONOMIC FACILITIES

According to the assessment of experts from Western countries, the damage done to date by NATO air strikes is well in excess of one hundred billion US dollars. By the destruction of factories, business capacities and production facilities, more than half a million people have lost their jobs and over two million of them remained without any kind of income. Destroyed are the industrial complexes in Belgrade, Novi Sad, Kragujevac, Nis, Pancevo, Cacak, Kraljevo, Valjevo, Pristina, Vranje, Kursumlija, Krusevac, Kula, Gnjilane, Sremska Mitrovica and in other towns and cities. The petrochemical industry of the Federal Republic of Yugoslavia has been totally destroyed, as well as the largest Yugoslav factory of artificial fertilisers.

Private entrepreneurs are a particular target of NATO aggression and the most glaring example of it is the destruction of the "Usce" business centre in Novi Beograd which was hit on 21 and 27 April 1999. That was one of the biggest business centres in the Balkans, which housed more than a hundred newly established private firms in full business expansion, foreign representative offices, seven private Radio and TV stations and one of the most modern poli-clinics in the FRY. The building of this business centre is also one of the landmarks of modern Belgrade.

DESTRUCTION OF BRIDGES

On the false pretext of "neutralizing the military power of the Federal Republic of Yugoslavia", the NATO aggressor started systematic destruction of the major Yugoslav road and rail traffic routes. About 20 bridges have been totally demolished so far and a few dozen of them have been damaged. Also, several dozen major and local roads, airports, railway tracks, railway stations, etc. have been destroyed. All ruined facilities were part of costly capital investments, into which the resources and the efforts of several generations of Yugoslav citizens were pooled. All the facilities are strategic part of the European traffic infrastructure, and some of them are of historical and cultural importance ("The Wailing Bridge " in Novi Sad, on which the Fascists killed several thousand Jews in the Second World War).

About 30 bridges have been destroyed including those at the strategic European E-75 corridor. By the destruction of the bridges on the Danube river the aggressors have blocked the entire river navigation at this traffic artery of the greatest importance for European economy and the shortest link between the Northern and Mediterranean sea (The Rhein-Mein-Danube route). Thus, the European shipping companies suffer each day the damage of over 20 million DM.

Examples: Sloboda Bridge, Wailing Bridge, Zezelj Bridge and the bridge in Beska (all in the city of Novi Sad), several bridges on the Ibar primary road and on the major railway lines.

ENVIRONMENTAL DISASTER

Concurrently with the humanitarian, NATO strikes have caused an environmental catastrophe which is endangering not only the Federal Republic of Yugoslavia, but also the neighbouring countries and the entire European continent. Ecology does not recognize boundaries. The NATO aggressor is thus teetering on the brink of another Chernobyl in the heart of Europe. The destruction of petrochemical installations, the warehouses storing semi-processed and finished products of the chemical industry have already caused significant adverse effects on the health of the population of the Federal Republic of Yugoslavia and the neighbouring countries. During some of the air strikes it was pure luck that an environmental catastrophe was not provoked spreading all over Europe. The aggressor's attacks did not spare even huge forests, tourist centres and the national parks on the mountains of Serbia (Kopaonik, Zlatibor, Divcibare, Tara, Prokletije, Sara, Fruska Gora). The ozone layer was depleted by the exhaust gases. The Black Sea, Aegean and the Adriatic basins, practically the entire Mediterranean, are threatened by environmental pollution.

Examples: Nitrogen factory in Pancevo, the oil refineries in Pancevo and Novi Sad, the chemical company "Prva iskra" in Baric and others.

HOSPITALS AND HEALTH INSTITUTIONS

The aggressors' bombings, calculated to provoke the greatest possible confusion and panic among innocent people, have damaged many clinical and hospital centres, inflicting not only great material damage to property (destruction of buildings and expensive medical equipment), but also causing new health problems and intensifying psychological traumas among the sick people. The destruction of all the three bridges in Novi Sad totally cut off and left, without the supply of water, the largest Yugoslav centre for the treatment of cardiovascular diseases, to which several million people gravitate. The Maternity Hospital in Belgrade, and the biggest hospital in the Balkans (Military Medical Academy Hospital - VMA), and the Orthopaedic hospital of Banjica, the hospitals in Cuprija and Aleksinac, as well as the medical centres in Pristina and in many other towns were damaged.

DESTRUCTION OF PRE-SCHOOL INSTITUTIONS, SCHOOLS AND UNIVERSITIES

Since the outset of the aggression, NATO has put a stop to the education of close to one million pupils and students in Yugoslavia. Over three hundred facilities built for the education and upbringing of children and young people of all ages were destroyed. This will inevitably be reflected on the development and social integration of young people. Hard hit are university centre in Nis (Machine Engineering, Civil Engineering, Electronical, Technical, Law and Economics faculties), in Pristina (Agricultural and Machine Engineering faculty) and Novi Sad (Faculty of Philosophy).

DESTRUCTION OF WORLD CULTURAL HERITAGE ON THE SOIL OF THE FR OF YUGOSLAVIA

Kosovo and Metohija in particular, but also the entire territory of the FR of Yugoslavia, is a treasury of European culture and civilization since ancient times. By violating all international conventions on the protection of civilization and its heritage, and in the pursuit of the spirit of aggressive nihilism and new barbarity, more than 50 monasteries and churches have been severely damaged thus far, as well as a couple of dozen of other cultural and historic monuments, some under UNESCO protection. Severe damage was caused to the monastery of the Patriarchate of Pec (12th century), Zica (13th century), Decani and Gracanica (14th century, under UNSECO protection), medieval towns of Zvecan (13th century) and Smederevo (15th century), Petrovaradin fortress (18th century), seventeen monasteries on Fruska Gora (15-18th century) and many other priceless historical monuments. The bombs have even destroyed many cemeteries all across Yugoslavia.

USE OF PROHIBITED WEAPONS

In NATO attacks, the state-of-the-art weapons have been used, but also those prohibited under international conventions, such as cluster bombs and slow activating bombs. In a month-long attacks on civilian and other facilities in Serbia, NATO aircraft fired more than 3,500 missiles, including 60 containers with 14,400 cluster bombs. As many as 3,600 cluster bombs were used in the attacks against towns in Kosmet - Pristina, Urosevac, Djakovica, Prizren etc, and many other places and facilities in Serbia. Before the attacks, radio locators were dropped from the aircraft, found in the vicinity of many civilian and business facilities in Serbia.

CO-ORDINATION BETWEEN NATO AND TERRORISTS OF THE SO-CALLED "KLA"

While before the onset of the aggression Albanian terrorists counted on NATO aircraft as air support to their armed groups, now arming, equipping and transport of Albanians living in the USA and other western countries is under way, for actions in the FRY, with a view to making armed formations from them to serve as ground troops of the "Alliance". Albanian terrorists are being trained and armed in the camps in northern Albania - in Tropoje, Kukes and Bajram Curri (they are trained by British, US and Turkish commandos), and then illegally infiltrated into Kosovo and Metohija. Such activity, in direct violation of the resolutions of Security Council, has been particularly stepped up in April when concrete plans for ground invasion against the FRY started to be hatched. So far, several hundred terrorists have been transported from the USA to Albania. Plans are made to equip, arm and train for coordinated actions with NATO, around 6,000 Albanians. According to western sources, Albanian terrorists represent the main source of intelligence for NATO, of military character or those aimed at spreading propaganda against our country. At the moment it is difficult to perceive and evaluate all the humanitarian, economic, environmental, health and other consequences of the NATO criminal aggression against the FR of Yugoslavia. The greatest victim of the aggression is the entire Yugoslav people and its material and cultural resources. At the same time, the violation of the Charter of the United Nations, the NATO has created a precedent which may a cast a shadow over the future of all peoples and sovereign States. The cause for concern is all the grater because, by combining pressure and promises, NATO is drawing an increasing number of countries into its aggression against the FR of Yugoslavia, which will have long-term negative consequences on the future relations and co-operation between all Southeast European countries. Attempts by NATO to justify its brutal aggression by an alleged care for the refugees may bring about an irreversible degradation of the United Nations and involve this highest international forum in the crime against a country which is one of its founding members.

CIVILIAN VICTIMS AND DEVASTATION IN NATO AGGRESSION ON YUGOSLAVIA (April 23, 1999)

OVERVIEW OF DESTRUCTION OF CIVILIAN TARGETS ON THE TERRITORY OF THE FEDERAL REPUBLIC OF YUGOSLAVIA AS A RESULT OF BARBARIC AND CRIMINAL AGGRESSION BY NATO, FROM 24 MARCH TO 19 APRIL 1999

CIVILIAN CASUALTIES

From the onset of NATO aggression against our country up to 19 April 1999, the North Atlantic Alliance made over 7,000 criminal attacks against the territory of the Federal Republic of Yugoslavia. 700 warplanes, of which 530 combat planes, were used; more than 2000 cruise missiles were launched and over 6,000 tons of explosives were dropped. About 500 civilians were killed and more than 4,000 sustained serious injuries e.g.:in Kursumlija: 13 dead and 25 wounded; in Pancevo: 2 dead and 4 wounded; in Cacak: one dead and 7 wounded; in Kragujevac: over 120 workers were wounded during an attack on the car factory "Zastava"; in Vranje: two dead and 23 wounded; in Aleksinac: 12 dead and more than 40 wounded; in Nagavac village, Orahovac municipality: 11 dead and 5 wounded; in Pristina: 10 dead and 8 wounded; Grdelicka gorge: 55 killed and 16 wounded; attack on two refugee columns, with four cruise missiles, on the Djakovica-Prizren road: 75 killed and 100 wounded, of whom 26 critically; in the village of Srbica: 10 killed, among whom 7 children; Belgrade suburb of Batajnica: a three year old girl was killed,and five civilians wounded.

Three million children are endangered in our country as a result of war and bombardment by NATO criminals. After these barbarian attacks hundreds of thousands citizens have been exposed to poisonous gasses which can have a lasting consequences on the health of the entire population and the environment. After the demolition of the Petrovaradin bridge, Novi Sad and Petrovaradin were cut of water supply (600 000 citizens) since the main and city pipeline was constructed into the bridge. About one million citizens in our country are short of water supply due to the bombardment of NATO aggressors.

About 500 000 workers became jobless due to the total destruction of industrial facilities all around the country. Two million citizens have no means for living and cannot ensure the minimum for existence.

Overall material damage is enormous. Preliminary estimates indicate that barbaric air strikes of the neo-fascist NATO alliance, since the beginning of the unprovoked aggression on the SR of Yugoslavia,on industrial, commercial and civil facilities and structures throughout our peace-loving country, have incurred damages in excess of 10 billion dollars. In the territory of the northern province of Vojvodine alone, damages have been estimated in excess of 3,5 billion dollars.

TRAFFIC

The road and railway networks, especially road and rail bridges, most of which were destroyed or damaged beyond repair, suffered extensive destruction. The targets of attacks were such communications as: 1. BRIDGES (11 DESTROYED AND 13 DAMAGED): 1.The Varadin Bridge over the Danube was destroyed (on 1 April 1999); 2.The "Sloboda" (Freedom) Bridge over the Danube was destroyed (on 4 April 1999); 3.The "Mladosti" (Youth) Bridge over the Danube, connecting Backa Palanka with Ilok, was damaged (on 4 April 1999); 4.The new railway bridge over the Danube connecting Bogojevo and Erdut was damaged (on 5 April 1999); 5.The road bridge over the Danube, connecting Bogojevo with Erdut was damaged (on 5 April 1999); 6.The bridge over the Danube along the Beograd-Novi Sad road, near Beska, Indjija municipality, was damaged (on 1 April 1999); 7.The road bridge along the Magura Belacevac road, 15 kilometres from Pristina, suffered extensive damage.