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BOBETKO CHARGED WITH INDIVIDUAL AND SUPREME RESPONSIBILITY

ZAGREB, Sept 20 (Hina) - The International Criminal Tribunal for the Former Yugoslavia (ICTY) on Friday night issued the content of the indictment against former Croatian Armed Forces chief-of-staff, Staff General Janko Bobetko, by which he is indicted on five counts for crimes against humanity and the violation of the rights and customs of war during the Medak Pocket military operation, not only on individual, but also superior responsibility.
ZAGREB, Sept 20 (Hina) - The International Criminal Tribunal for the Former Yugoslavia (ICTY) on Friday night issued the content of the indictment against former Croatian Armed Forces chief-of- staff, Staff General Janko Bobetko, by which he is indicted on five counts for crimes against humanity and the violation of the rights and customs of war during the Medak Pocket military operation, not only on individual, but also superior responsibility. #L# The tribunal believes that Bobetko not only failed to prevent or punish the acts of crime during the operation which took place from September 9 through 17, 1993, but had himself acted, planned, instigated or ordered persecutions, killing, abuse and looting or the destruction of property of the local civilian population. According to the prosecutors and item 1 of the indictment, General "Janko Bobetko, acting individually and/or in concert with others, planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of persecutions of Serb civilians of the Medak Pocket on racial, political or religious grounds". The criminal act of persecution was committed, in line with paragraph 34 of the indictment, "through the unlawful killing of at least 100 Serb civilians and captured and/or wounded soldiers..., cruel and inhumane treatment of Serb civilians and captured and/or wounded soldiers..., terrorising the predominantly Serb civilian population..., the destruction of personal property belonging to Serb civilians..., the systematic plunder of Serb civilian property during and after the military operation in the Medak Pocket," with every of the acts being additionally explained in the indictment with concrete examples. These accusations have been placed on Bobetko's individual responsibility. The next paragraph of the indictment states he is also charged with superior responsibility. "Alternatively, Janko Bobetko knew, or had reason to know, that Croatian forces under his command, direction and/or control, or subordinated to him, were committing the acts described in paragraph 34 above, or had done so. Janko Bobetko failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators". The tribunal also indicted Bobetko if individual and superior responsibility in looting Serb civilians and the destruction of their property. Only on counts 2 and 3 of the indictment, relating to killing, the tribunal has indicted Bobetko under superior command only. Two counts of the indictment relate to killing because one relates to a crime against humanity and the other to the violation of the rights and customs of war. "Janko Bobetko knew, or had reason to know, that Croatian forces under his command, direction and/or control, or subordinated to him, between 9 September 1993 and about 17 September 1993, were engaged in the unlawful killing of at least 100 Serb civilians and captured and/or wounded soldiers from the Medak Pocket, or had done so. Janko Bobetko failed to take necessary and reasonable measures to prevent the commission of such acts or punish the perpetrators". The indictment also states the essential facts of Bobetko's biography until his retirement in 1995, and an extensive addition stating the names and locations of the crimes spoken of in the indictment. (hina) lml

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