THE ACCUSED

40. Slobodan MILOSEVIC was born on 20 August 1941 in the town of Pozarevac in present-day Serbia. In 1964 he received a law degree from the University of Belgrade and began a career in management and banking. Slobodan MILOSEVIC held the posts of deputy director and later general director at Tehnogas, a major gas company until 1978. Thereafter, he became president of Beogradska banka (Beobanka), one of the largest banks in the SFRY and held that post until 1983.

41. In 1983 Slobodan MILOSEVIC began his political career. He became Chairman of the City Committee of the League of Communists of Belgrade in 1984. In 1986 he was elected Chairman of the Presidium of the Central Committee of the League of Communists of Serbia and was re-elected in 1988. On 16 July 1990, the League of Communists of Serbia and the Socialist Alliance of Working People of Serbia were united; the new party was named the Socialist Party of Serbia (SPS), and Slobodan MILOSEVIC was elected its President. He holds the post of President of the SPS as of the date of this indictment.

42. Slobodan MILOSEVIC was elected President of the Presidency of Serbia on 8 May 1989 and re-elected on 5 December that same year. After the adoption of the new Constitution of Serbia on 28 September 1990, Slobodan MILOSEVIC was elected to the newly established office of President of Serbia in multi-party elections held on 9 and 26 December 1990; he was re-elected on 20 December 1992.

43. After serving two terms as President of Serbia, Slobodan MILOSEVIC was elected President of the FRY on 15 July 1997 and he began his official duties on 23 July 1997. At all times relevant to this indictment, Slobodan MILOSEVIC has held the post of President of the FRY.

44. Milan MILUTINOVIC was born on 19 December 1942 in Belgrade in present-day Serbia. Milan MILUTINOVIC received a degree in law from Belgrade University.

45. Throughout his political career, Milan MILUTINOVIC has held numerous high level governmental posts within Serbia and the FRY. Milan MILUTINOVIC was a deputy in the Socio-Political Chamber and a member of the foreign policy committee in the Federal Assembly; he was Serbia's Secretary for Education and Sciences, a member of the Executive Council of the Serbian Assembly, and a director of the Serbian National Library. Milan MILUTINOVIC also served as an ambassador in the Federal Ministry of Foreign Affairs and as the FRY Ambassador to Greece. He was appointed the Minister of Foreign Affairs of the FRY on 15 August 1995. Milan MILUTINOVIC is a member of the SPS.

46. On 21 December 1997, Milan MILUTINOVIC was elected President of Serbia. At all times relevant to this indictment, Milan MILUTINOVIC has held the post of President of Serbia.

47. Nikola SAINOVIC was born on 7 December 1948 in Bor, Serbia. He graduated from the University of Ljubljana in 1977 and holds a Master of Science degree in Chemical Engineering. He began his political career in the municipality of Bor where he held the position of President of the Municipal Assembly of Bor from 1978 to 1982.

48. Throughout his political career, Nikola SAINOVIC has been an active member of both the League of Communists and the Socialist Party of Serbia (SPS). He held the position of Chairman of the Municipal Committee of the League of Communists in Bor. On 28 November 1995, Nikola SAINOVIC was elected a member of the SPS's Main Committee and a member of its Executive Council. He was also named president of the Committee to prepare the SPS Third Regular Congress (held in Belgrade on 2-3 March 1996). On 2 March 1996 Nikola SAINOVIC was elected one of several vice chairmen of the SPS. He held this position until 24 April 1997.

49. Nikola SAINOVIC has held several positions within the governments of Serbia and the FRY. In 1989, he served as a member of the Executive Council of Serbia's Assembly and Secretary for Industry, Energetics and Engineering of Serbia in 1989. He was appointed Minister of Mining and Energy of Serbia on 11 February 1991, and again on 23 December 1991. On 23 December 1991, he was also named Deputy Prime Minister of Serbia. Nikola SAINOVIC was appointed Minister of the Economy of the FRY on 14 July 1992, and again on 11 September 1992. He resigned from this post on 29 November 1992. On 10 February 1993, Nikola SAINOVIC was elected Prime Minister of Serbia.

50. On 22 February 1994, Nikola SAINOVIC was appointed Deputy Prime Minister of the FRY. He was re-appointed to this position in three subsequent governments: on 12 June 1996, 20 March 1997 and 20 May 1998. Slobodan MILOSEVIC designated Nikola SAINOVIC as his representative for the Kosovo situation. Nikola SAINOVIC chaired the commission for co-operation with the OSCE Verification Mission in Kosovo, and was an official member of the Serbian delegation at the Rambouillet peace talks in February 1999. At all times relevant to this indictment, Nikola SAINOVIC has held the post of Deputy Prime Minister of the FRY.

51. Colonel General Dragoljub OJDANIC was born on 1 June 1941 in the village of Ravni, near Uzice in what is now Serbia. In 1958, he completed the Infantry School for Non-Commissioned Officers and in 1964, he completed the Military Academy of the Ground Forces. In 1985, Dragoljub OJDANIC graduated from the Command Staff Academy and School of National Defence with a Masters Degree in Military Sciences. At one time he served as the Secretary for the League of Communists for the Yugoslav National Army (JNA) 52nd Corps, the precursor of the 52nd Corps of the VJ now operating in Kosovo.

52. In 1992, Colonel General Dragoljub OJDANIC was the Deputy Commander of the 37th Corps of the JNA, later the VJ, based in Uzice, Serbia. He was promoted to Major General on 20 April 1992 and became Commander of the Uzice Corps. Under his command, the Uzice Corps was involved in military actions in eastern Bosnia during the war in Bosnia and Herzegovina. In 1993 and 1994 Dragoljub OJDANIC served as Chief of the General Staff of the First Army of the FRY. He was Commander of the First Army between 1994 and 1996. In 1996, he became Deputy Chief of the General Staff of the VJ. On 26 November 1998, Slobodan MILOSEVIC appointed Dragoljub OJDANIC Chief of General Staff of the VJ, replacing General Momcilo Perisic. At all times relevant to this indictment, Colonel General Dragoljub OJDANIC has held the post of Chief of the General Staff of the VJ.

53. Vlajko STOJILJKOVIC was born in Mala Krsna, in Serbia. He graduated from the University of Belgrade with a law degree, and then was employed at the municipal court. Thereafter, he became head of the Inter-Municipal Secretariat of Internal Affairs in Pozarevac. Vlajko STOJILJKOVIC has served as director of the PIK firm in Pozarevac, vice-president and president of the Economic Council of Yugoslavia, and president of the Economic Council of Serbia.

54. By April 1997, Vlajko STOJILJKOVIC became Deputy Prime Minister of the Serbian Government and Minister of Internal Affairs of Serbia. On 24 March 1998, the Serbian Assembly elected a new Government, and Vlajko STOJILJKOVIC was named Minister of Internal Affairs of Serbia. He is also a member of the main board of the SPS. At all times relevant to this indictment, Vlajko STOJILJKOVIC, has held the post of Minister of Internal Affairs.

SUPERIOR AUTHORITY

55. Slobodan MILOSEVIC was elected President of the FRY on 15 July 1997, assumed office on 23 July 1997, and remains President as of the date of this indictment.

56. As President of the FRY, Slobodan MILOSEVIC functions as President of the Supreme Defence Council of the FRY. The Supreme Defence Council consists of the President of the FRY and the Presidents of the member republics, Serbia and Montenegro. The Supreme Defence Council decides on the National Defence Plan and issues decisions concerning the VJ. As President of the FRY, Slobodan MILOSEVIC has the power to "order implementation of the National Defence Plan" and commands the VJ in war and peace in compliance with decisions made by the Supreme Defence Council. Slobodan MILOSEVIC, as Supreme Commander of the VJ, performs these duties through "commands, orders and decisions."

57. Under the FRY Act on the Armed Forces of Yugoslavia, as Supreme Commander of the VJ, Slobodan MILOSEVIC also exercises command authority over republican and federal police units subordinated to the VJ during a state of imminent threat of war or a state of war. A declaration of imminent threat of war was proclaimed on 23 March 1999, and a state of war on 24 March 1999.

58. In addition to his de jure powers, Slobodan MILOSEVIC exercises extensive de facto control over numerous institutions essential to, or involved in, the conduct of the offences alleged herein. Slobodan MILOSEVIC exercises extensive de facto control over federal institutions nominally under the competence of the Assembly or the Government of the FRY. Slobodan MILOSEVIC also exercises de facto control over functions and institutions nominally under the competence of Serbia and its autonomous provinces, including the Serbian police force. Slobodan MILOSEVIC further exercises de facto control over numerous aspects of the FRY's political and economic life, particularly the media. Between 1986 and the early 1990s, Slobodan MILOSEVIC progressively acquired de facto control over these federal, republican, provincial and other institutions. He continues to exercise this de facto control to this day.

59. Slobodan MILOSEVIC's de facto control over Serbian, SFRY, FRY and other state organs has stemmed, in part, from his leadership of the two principal political parties that have ruled in Serbia since 1986, and in the FRY since 1992. From 1986 until 1990, he was Chairman of the Presidium of the Central Committee of the League of Communists in Serbia, then the ruling party in Serbia. In 1990, he was elected President of the Socialist Party of Serbia, the successor party to the League of Communists of Serbia and the Socialist Alliance of the Working People of Serbia. The SPS has been the principal ruling party in Serbia and the FRY ever since. Throughout the period of his Presidency of Serbia, from 1990 to 1997, and as the President of the FRY, from 1997 to the present, Slobodan MILOSEVIC has also been the leader of the SPS.

60. Beginning no later than October 1988, Slobodan MILOSEVIC has exercised de facto control over the ruling and governing institutions of Serbia, including its police force. Beginning no later than October 1988, he has exercised de facto control over Serbia's two autonomous provinces --Kosovo and Vojvodina --and their representation in federal organs of the SFRY and the FRY. From no later than October 1988 until mid-1998, Slobodan MILOSEVIC also exercised de facto control over the ruling and governing institutions of the Montenegro, including its representation in all federal organs of the SFRY and the FRY.

61. In significant international negotiations, meetings and conferences since 1989, Slobodan MILOSEVIC has been the primary interlocutor with whom the international community has negotiated. He has negotiated international agreements that have subsequently been implemented within Serbia, the SFRY, the FRY, and elsewhere on the territory of the former SFRY. Among the conferences and international negotiations at which Slobodan MILOSEVIC has been the primary representative of the SFRY and FRY are: The Hague Conference in 1991; the Paris negotiations of March 1993; the International Conference on the Former Yugoslavia in January 1993; the Vance-Owen peace plan negotiations between January and May 1993; the Geneva peace talks in the summer of 1993; the Contact Group meeting in June 1994; the negotiations for a cease fire in Bosnia and Herzegovina, 9-14 September 1995; the negotiations to end the NATO bombing in Bosnia and Herzegovina, 14-20 September 1995; and the Dayton peace negotiations in November 1995.

62. As the President of the FRY, the Supreme Commander of the VJ, and the President of the Supreme Defence Council, and pursuant to his de facto authority, Slobodan MILOSEVIC is responsible for the actions of his subordinates within the VJ and any police forces, both federal and republican, who have committed the crimes alleged in this indictment since January 1999 in the province of Kosovo.

63. Milan MILUTINOVIC was elected President of Serbia on 21 December 1997, and remains President as of the date of this indictment. As President of Serbia, Milan MILUTINOVIC is the head of State. He represents Serbia and conducts its relations with foreign states and international organisations. He organises preparations for the defence of Serbia.

64. As President of Serbia, Milan MILUTINOVIC is a member of the Supreme Defence Council of the FRY and participates in decisions regarding the use of the VJ.

65. As President of Serbia, Milan MILUTINOVIC, in conjunction with the Assembly, has the authority to request reports both from the Government of Serbia, concerning matters under its jurisdiction, and from the Ministry of the Internal Affairs, concerning its activities and the security situation in Serbia. As President of Serbia, Milan MILUTINOVIC has the authority to dissolve the Assembly, and with it the Government, "subject to the proposal of the Government on justified grounds," although this power obtains only in peacetime.

66. During a declared state of war or state of imminent threat of war, Milan MILUTINOVIC, as President of Serbia, may enact measures normally under the competence of the Assembly, including the passage of laws; these measures may include the reorganisation of the Government and its ministries, as well as the restriction of certain rights and freedoms.

67. In addition to his de jure powers, Milan MILUTINOVIC exercises extensive de facto influence or control over numerous institutions essential to, or involved in, the conduct of the crimes alleged herein. Milan MILUTINOVIC exercises de facto influence or control over functions and institutions nominally under the competence of the Government and Assembly of Serbia and its autonomous provinces, including but not limited to the Serbian police force.

68. In significant international negotiations, meetings and conferences since 1995, Milan MILUTINOVIC has been a principal interlocutor with whom the international community has negotiated. Among the conferences and international negotiations at which Milan MILUTINOVIC has been a primary representative of the FRY are: preliminary negotiations for a cease fire in Bosnia and Herzegovina, 15-21 August 1995; the Geneva meetings regarding the Bosnian cease fire, 7 September 1995; further negotiations for a cease fire in Bosnia and Herzegovina, 9-14 September 1995; the negotiations to end the NATO bombing in Bosnia and Herzegovina, 14-20 September 1995; the meeting of Balkan foreign ministers in New York, 26

September 1995; and the Dayton peace negotiations in November 1995. Milan MILUTINOVIC was also present at the negotiations at Rambouillet in February 1999. 69. As the President of Serbia, and a member of the Supreme Defence Council, and pursuant to his de facto authority, Milan MILUTINOVIC is responsible for the actions of any of his subordinates within the VJ and within any police forces who have committed the crimes alleged in this indictment since January 1999 within the province of Kosovo.

70. Colonel General Dragoljub OJDANIC was appointed Chief of the General Staff of the VJ on 26 November 1998. He remains in that position as of the date of this indictment. As Chief of the General Staff of the VJ, Colonel General Dragoljub OJDANIC commands, orders, instructs, regulates and otherwise directs the VJ, pursuant to acts issued by the President of the FRY and as required to command the VJ.

71. As Chief of the General Staff of the VJ, Colonel General Dragoljub OJDANIC determines the organisation, plan of development and formation of commands, units and institutions of the VJ, in conformity with the nature and needs of the VJ and pursuant to acts rendered by the President of the FRY.

72. In his position of authority, Colonel General Dragoljub OJDANIC also determines the plan for recruiting and filling vacancies within the VJ and the distribution of recruits therein; issues regulations concerning training of the VJ; determines the educational plan and advanced training of professional and reserve military officers; and performs other tasks stipulated by law.

73. As Chief of the General Staff of the VJ, Colonel General Dragoljub OJDANIC --or other officers empowered by him --assigns commissioned officers, non-commissioned officers and soldiers, and promotes non-commissioned officers, reserve officers, and officers up to the rank of colonel. In addition, Colonel General Dragoljub OJDANIC nominates the president, judges, prosecutors, and their respective deputies and secretaries, to serve on military disciplinary courts.

74. Colonel General Dragoljub OJDANIC carries out preparations for the conscription of citizens and mobilisation of the VJ; co-operates with the Ministries of Internal Affairs of the FRY and Serbia and the Ministry of Defence of the FRY in mobilising organs and units of Ministries of Internal Affairs; monitors and, proposes measures to correct problems encountered during, and informs the Government of the FRY and the Supreme Defence Council about the implementation of the aforementioned mobilisation.

75. As the Chief of the General Staff of the VJ , Colonel General Dragoljub OJDANIC is responsible for the actions of his subordinates within the VJ and for the actions of any federal and republican police forces, which are subordinated to the VJ, who have committed crimes since January 1999 within the province of Kosovo.

76. Vlajko STOJILJKOVIC was named Minister of Internal Affairs of Serbia on 24 March 1998. As head of a Serbian government ministry, Vlajko STOJILJKOVIC is responsible for the enforcement of laws, regulations and general acts promulgated by Serbia's Assembly, Government or President.

77. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC directs the work of the Ministry of Internal Affairs and its personnel. He determines the structure, mandate and scope of operations of organisational units within the Ministry of Internal Affairs. He is empowered to call up members of the Ministry of Internal Affairs reserve corps to perform duties during peace time, and to prevent activities threatening Serbia's security. The orders which he and Ministry of Internal Affairs superior officers issue to Ministry of Internal Affairs personnel are binding unless they constitute a criminal act.

78. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC has powers of review over decisions and acts of agents for the Ministry. He considers appeals against decisions made in the first instance by the head of an organisational unit of the Ministry of Internal Affairs. Moreover, he is empowered to decide appeals made by individuals who have been detained by the police.

79. On 8 April 1999, as Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC's powers during the state of war were expanded to include transferring Ministry employees to different duties within the Ministry for as long as required.

80. As Minister of Internal Affairs of Serbia, Vlajko STOJILJKOVIC is responsible for ensuring the maintenance of law and order in Serbia. As Minister of Internal Affairs, he is responsible for the actions of his subordinates within the police forces of the Ministry of Internal Affairs of Serbia who have committed crimes since January 1999 in the province of Kosovo.

Source: Findlaw.com