INDICTED continued part 14
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Only those who, for the sake of dishonorable interests and goals, ignore the long history of Albanian expansionism, exemplified over the past 150 years in genocidal expulsion of non-Albanians from this region, can flip the truth around and mistake protagonists and victims of expulsion.

Paragraph 83 of the Indictment says: “Each of the accused is individually responsible for the crimes alleged against him in this indictment, pursuant to Article 7(1) of the Tribunal Statute. Individual criminal responsibility includes committing, planning, instigating, ordering or aiding and abetting in the planning, preparation or execution of any crimes referred to in Articles 2 to 5 of the Tribunal Statute”.

Paragraph 84 of the Indictment says: “In as much as he has authority or control over the VJ and police units, other units or individuals subordinated to the command of the VJ in Kosovo, Slobodan MILOSEVIC, as President of the FRY, Supreme Commander of the VJ and President of the Supreme Defence Council, is also, or alternatively, criminally responsible for the acts of his subordinates, including members of the VJ and aforementioned employees of the Ministries of Internal Affairs of the FRY and Serbia, pursuant to Article 7(3) of the Tribunal Statute.

Paragraph 85 of the Indictment says: In as much as he has authority or control over police units of the Ministry of Internal Affairs, the VJ, or police units, other units or individuals subordinated to the command of the VJ in Kosovo, Milan MILUTINOVIC, as President of Serbia and a member of the Supreme Defence Council, is also, or alternatively, criminally responsible for the acts of his subordinates, including aforementioned employees of the Ministry of Internal Affairs of Serbia, pursuant to Article 7(3) of the Tribunal Statute.”

Paragraph 86 of the Indictment says: In as much as he has authority or control over the VJ and police units, other units or individuals subordinated to the command of the VJ in Kosovo, Colonel General Dragoljub OJDANIC, as Chief of the General Staff of the VJ, is also, or alternatively, criminally responsible for the acts of his subordinates, including members of the VJ and aforementioned employees of the Ministries of Internal Affairs of Serbia and the FRY, pursuant to Article 7(3) of the Tribunal Statute.”

Paragraph 87 of the Indictment says: In as much as he has authority or control over employees of the Ministry of Internal Affairs, including any other regular or mobilised police units, Vlajko STOJILJKOVIC, as Minister of Internal Affairs of Serbia, is also, or alternatively, criminally responsible for the acts of his subordinates, including employees of the Ministry of Internal Affairs of Serbia, pursuant to Article 7(3) of the Tribunal Statute.

Paragraph 88 of the Indictment says: A superior is responsible for the acts of his subordinate(s) if he knew or had reason to know that his subordinate(s) was/were 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.

Paragraph 89 of the Indictment says: The general allegations contained in paragraphs 81 through 88 are re-alleged and incorporated into each of the charges set forth below.

COMMENT: Individual criminal responsibility of Slobodan Milosevic, Milan Milutinovic, Colonel-General Dragoljub Ojdanic and Vlajko Stojiljkovic in paragraphs 83-89 is predicated on the assumption that crimes “against humanity and violations of laws and customs of war” have been committed, which has not been proven by a single count of the indictment. According to paragraph 83, “Individual criminal responsibility includes committing, planning, instigating, ordering or aiding and abetting in the planning, preparation or execution of any crimes...”, but all those crimes remain in the realm of conjecture. Before any of them can be proven, they cannot be used to posit individual criminal responsibility. In that sense, paragraph 83 of the Indictment is nonsensical, since it cites qualifications without any evidence.

Refutations of previous paragraphs of the Indictment have repeatedly shown that the VJ did not ęplan, instigate, order, or aid and abet any crimes or expulsion of civilian population. Therefore, there can be no command responsibility cited in the Indictment. Individual criminal actions of VJ members, contrary to orders and instructions of their commanders, violating internal Yugoslav and Serbian laws as well as international laws of war, have all been identified and timely stopped by the VJ command, turning over those responsible to the courts-martial for conviction. All that was done long before the Hague Tribunal Indictment was issued. Detailed information regarding the prosecution of domestic and international laws will be documented and addressed later in the refutation of this Indictment.

Refutations of previous paragraphs of the Indictment clarified that federal police forces took no part in any actions in Kosovo-Metohija, as well as that the Serbian MUP was at no time subsumed under the VJ chain of command. Therefore, Slobodan Milosevic cannot have command responsibility for any action of the police.

Colonel-General Dragoljub Ojdanic, as member of the General Staff, did not have a command position, and therefore could not have command responsibility for any actions of VJ or the MUP in Kosovo-Metohija, although VJ certainly committed no crimes in the province.

Milan Milutinovic, though member of the Supreme Defense Council, had no one under his command in the VJ. Also, there is no documented evidence that he, as President of Serbia, influenced actions of the police in Kosovo-Metohija.

Vlajko Stojiljkovic was at the time Seria's Interior Minister, and he is responsible for actions taken by the police. However, the Indictment cites no evidence that the Serbian police committed any crimes between January and May 22 of 1999.


 

CHARGES

COUNTS 1 - 4
CRIMES AGAINST HUMANITY
VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR

Paragraph 90 of the Indictment says: Beginning in January 1999 and continuing to the date of this indictment, Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC planned, instigated, ordered, committed or otherwise aided and abetted in a campaign of terror and violence directed at Kosovo Albanian civilians living in Kosovo in the FRY.”

Paragraph 91 of the Indictment says: The campaign of terror and violence directed at the Kosovo Albanian population was executed by forces of the FRY and Serbia acting at the direction, with the encouragement, or with the support of Slobodan MILOSEVIC, Milan MILUTINOVIC, Nikola SAINOVIC, Dragoljub OJDANIC, and Vlajko STOJILJKOVIC. The operations targeting the Kosovo Albanians were undertaken with the objective of removing a substantial portion of the Kosovo Albanian population from Kosovo in an effort to ensure continued Serbian control over the province. To achieve this objective, the forces of the FRY and Serbia, acting in concert, have engaged in well-planned and co-ordinated operations as described in paragraphs 92 through 98 below.

COMMENT: In many responses to previous Paragraphs, we have proven – citing numerous classified VJ documents detailing the units that engaged in counter-terrorist operations on Kosovo-Metohija during 1998 and 1999 – that there was no systematic expulsion of Albanian civilians, but that this territory was a theater of conflict between the Yugoslav Army and Serbian Interior Ministry forces on one side, and the “KLA” terrorists on the other. No doubt, Albanian civilians and their property were damaged in the course of that fighting, and especially during the intense NATO air and missile strikes in Kosovo-Metohija. Any individuals belonging to the VJ who were responsible for such damages were prosecuted upon discovery to the fullest extent of the law. This issue will be addressed in detail a little later. The claim of Paragraphs 90 and 91 that the “forces of the FRY and Serbia, acting in concert, have engaged in well-planned and co-ordinated operations” or a “campaign of terror and violence...” directed “at the Kosovo Albanian population,” is not only invalidated by the aforementioned classified documents regarding the VJ combat orders and battle reports, but also by the documents captured in “KLA” command posts and headquarters:

1. General table of organization for the “KLA” with headquarters in Switzerland and Kosovo-Metohija;

2. Division of Kosovo-Metohija into seven “KLA” zones of operation;

3. Table of organization for the “KLA” HQ in Dragobilje (Kosovo-Metohija), seven zones of operations and some 30 brigades, with names and numbers;

4. Maps of zones of operation and “KLA” units belonging to them;

5. Organizational scheme of “KLA” units and command posts in Kosovo-Metohija.

No doubt the authors of the Indictment resorted to inverted arguments, substituting the alleged expulsion of Albanian civilians for the VJ’s real goal of eliminating the “KLA” terrorists and restoring peace to Kosovo-Metohija and all its residents.

In addition to other evidence, this claim is also invalidated by the oath of “KLA” members, which among other things says: “As a member of the Kosovo Liberation Army, I swear I will wage war for the liberation of occupied Albanian territories and their unification...” The same oath has been taken by “KLA” members in Macedonia in early 2001. Separatist leaders in that country, as all secessionists in former Yugoslavia are prone to do, indoctrinate their followers with phrases about “liberating the occupied territories,” while enjoying full support in that endeavor from numerous institutions and influential bodies of the so-called international community, including the wholehearted backing of the ICTY.

It is, or should be, impossible that the learned authors of the Indictment do now know that Albanian expansionism, with a goal of creating a “Greater Albania” is over 120 years old, and that its militant manifestation, the “KLA,” is only one in a series of efforts to fulfill that pledge by force. According to the inverted logic of the ICTY, the Indictment could be equally applied to every Serbian government since 1912, from the Kingdoms of Serbia and Yugoslavia to the SFRY and the FRY. In this 90-year period, the Albanian separatist movement tried to expel non-Albanian residents from Kosovo-Metohija and separate this Serbian province from its motherland through the force of arms and other forms of violence.  As a general rule, this project of ethnic cleansing always had support of imperial powers with interests in the region. In no other incarnation did the international community accuse Serb and Yugoslav leaders of criminal responsibility for the necessary use of force in combating the terrorism of Albanian separatists, until the present so-called community and the U.S.-founded Hague Tribunal. No one criticized the state and military leadership of Macedonia for its justified use of force against the aggressive Albanian separatists in 2001. As in all similar situations in other countries (Northern Ireland, Corsica, Basque, Chechnya, etc.) resistance to separatist terrorism has always been considered an internal purview of every sovereign and internationally recognized state.

The Indictment’s claim (Paragraph 91) that operations “were undertaken with the objective of removing a substantial portion of the Kosovo Albanian population from Kosovo in an effort to ensure continued Serbian control over the province” is absurd, factually and historically groundless and unsupportable. The fact that Serbs represented a majority in Kosovo-Metohija as late as the beginning of the 20th century points to a different conclusion. It is perhaps a unique incidence in Europe, and maybe even the world, that the majority Serbs over time and due to circumstances became a minority in Kosovo-Metohija, the very cradle of their state, without assimilating or in other ways maintaining as a minority the numerous Albanian population in the province. The notion that such a people suddenly exhibited a drive for supremacy and ethnic cleansing they had never exhibited before, is inexplicable and unsustainable. Under the SFRY, the Serbs were even ready to learn and accept the “language of the community” (i.e. Albanian) and not resist its elevation on par with the official Serbian language and alphabet, as part of living in a common state.

Paragraph 92 of the Indictment says: The forces of the FRY and Serbia, have in a systematic manner, forcibly expelled and internally displaced hundreds of thousands of Kosovo Albanians from their homes across the entire province of Kosovo. To facilitate these expulsions and displacements, the forces of the FRY and Serbia have intentionally created an atmosphere of fear and oppression through the use of force, threats of force, and acts of violence.

COMMENT: Responses to paragraphs 30, 34 and 91 indicate that the “forces of the FRY and Serbia” engaged in counter-terrorist operations against the “KLA” terrorists “across the entire province of Kosovo” since mid-February 1999,  and not some systematic expulsion of civilians, as numerous paragraphs of the Indictment stubbornly repeat. The geographic distribution of these operations was imposed by the deployment of “KLA” forces “across the entire province,” which is illustrated by facsimiles of original documents from unit and general headquarters of this terrorist paramilitary.

Responsibility for “:an atmosphere of fear and oppression through the use of force, threats of force, and acts of violence” which “facilitated” the mass flight of refugees, both Albanians and non-Albanians, from Kosovo-Metohija especially after March 24, 1999, primarily lies with NATO and its intense air and missile strikes all across the province and the FRY in general. It is known that residents of cities and larger towns throughout Serbia fled their homes in the face of increasingly indiscriminate NATO strikes against civilian targets, later cynically described as “collateral damage.” Therefore, the mass flight of civilians from NATO’s aggression in the first half of 1999, was not confined to Kosovo, but represented a reality for the entire FRY.

Paragraph 93 of the Indictment says: “Throughout Kosovo, the forces of the FRY and Serbia have looted and pillaged the personal and commercial property belonging to Kosovo Albanians forced from their homes. Policemen, soldiers, and military officers have used wholesale searches, threats of force, and acts of violence to rob Kosovo Albanians of money and valuables, and in a systematic manner, authorities at FRY border posts have stolen personal vehicles and other property from Kosovo Albanians being deported from the province.”

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