Public redacted version of the Final Trial Brief - Drago Nikolić - ICTY

IT-05-88-T38451PUBLICBratunac nor does the evidence reflect that he could have been involved therein; 2074 (c)did not consider the detainees to be civilians as he believed that they were ABiHsoldiers who were to be exchanged; 2075 and (d) does not incur individual criminalresponsibility for any of the alleged crime sites, except perhaps to a limited degree forthe events at Orahovac on 14 July 1995. 2076III.TERRORIZING BOSNIAN MUSLIM “CIVILIANS”1673. According to the allegations in the Indictment, the third persecutory act would haveconcerned “the terrorising of Bosnian Muslim civilians in Srebrenica and atPotočari”. 20771674. In the Defence’s submission, the same reasons proffered above preclude the attachmentof individual criminal responsibility to Drago Nikolić for these acts. 2078IV.DESTRUCTION OF PERSONAL PROPERTY AND EFFECTS1675. The Prosecution alleges that the fourth manner in which the crime of persecutionswould have been carried out is “the destruction of personal property and effectsbelonging to the Bosnian Muslims”. 20791676. However, the Prosecution has led absolutely no evidence in respect of Drago Nikolić’salleged involvement in this persecutory act.V. FORCIBLE TRANSFER OF BOSNIAN MUSLIMS FROM SREBRENICAAND ŽEPA1677. Finally, it is the Prosecution’s case that the crime of persecutions was allegedly carriedout through “the forcible transfer of Bosnian Muslims from Srebrenica and Žepa bymeans of the forced bussing of the women and children to Bosnian Muslim controlledterritory and the forced bussing of the men, separated at Potočari or captured orhaving surrendered from the column, up to the Zvornik area, where they were2074 Part FIVE, D: “THE ALLEGED ROLE AND ACTIONS OF DRAGO NIKOLIĆ IN FURTHERANCE OF THE JCE TO FORCIBLYTRANSFER AND DEPORT THE SREBRENICA AND ŽEPA MUSLIM POPULATION.2075 Part SIX, B,I,(C): “Meeting at Standard Barracks on 14 July 1995”.2076 Part SIX,C.2077 Indictment,para.48(c) (emphasis added).2078 Part NINE, B,I-II: “MURDER OF THOUSANDS OF BOSNIAN MUSLIM ‘CIVILIANS’ “ and “CRUEL AND INHUMANETREATMENT OF BOSNIAN MUSLIM ‘CIVILIANS’”.2079 Indictment,para.4(d).Case No. IT-05-88-T 27830 July 2010