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

(IV)Widespread or SystematicPUBLICIT-05-88-T38689208. Vis-à-vis the fourth element, an attack must be either “widespread or “systematic”. Ashas been held by the Appeals Chamber, “the phrase ‘widespread’ refers to the largescalenature of the attack and the number of victims, while the phrase ‘systematic’refers to ‘the organised nature of the acts of violence and the improbability of theirrandom occurrence’”. 100 Whether an attack is “widespread” or “systematic” must beassessed “in light of the means, methods, resources and result of the attack upon thepopulation.” 101(V)Mens rea209. Regarding the fifth element, the mens rea for crimes against humanity requires ashowing that the accused “the accused must have had the intent to commit theunderlying offence or offences with which he is charged, and that he must have known‘that there is an attack on the civilian population and that his acts comprise part of thatattack, or at least [that he took] the risk that his acts were part of the attack’”. 102VII.THE VICTIM GROUPS OF FORCIBLE TRANSFER AND DEPORTATION210. In its Rule 98 bis Decision, the Trial Chamber held that “what constitutes forcibletransfer both legally and factually in this case and particularly which persons areincluded in it” is best left to be determined at the final stage of the trial. 103211. In the Defence’s submission, the law and the evidence require that the alleged victimsof the crime of forcible transfer must be divided into five groups. In law and in fact, thealleged crime of deportation can exclusively pertain to two groups, as set out below.The remaining three groups must be excluded for the purposes of this allegation.(A)The Group from Srebrenica212. As regards the victim group of the alleged crime of forcible transfer in Srebrenica, theDefence respectfully posits that three groups should be distinguished.100 Kunarac,AJ,para.94.101 Kunarac,AJ,para.95.102 Kunarac,AJ,para.102.103 T.21468.Case No. IT-05-88-T 4030 July 2010