Unconfirmed Reports

======= Prosecutor v Erdemović (Sentencing Judgment) Case No IT-96-22-Tbis ICTY (5 March 1998) ========

[…]

9. On or about 16 July 1995, DRAZEN ERDEMOVIC and other members of the 10th Sabotage Detachment of the Bosnian Serb army were ordered to a collective farm near Pilica. This farm is located northwest of Zvornik in the Zvornik Municipality.

10. On or about 16 July 1995, DRAZEN ERDEMOVIC and other members of his unit were informed that bus loads of Bosnian Muslim civilian men from Srebrenica, who had surrendered to Bosnian Serb military or police personnel, would be arriving throughout the day at this collective farm.

11. On or about 16 July 1995, buses containing Bosnian Muslim men arrived at the collective farm in Pilica. Each bus was full of Bosnian Muslim men, ranging from approximately 17-60 years of age. After each bus arrived at the farm, the Bosnian Muslim men were removed in groups of about 10, escorted by members of the 10th Sabotage Detachment to a field adjacent to farm buildings and lined up in a row with their backs facing DRAZEN ERDEMOVIC and members of his unit.

12. On or about 16 July 1995, DRAZEN ERDEMOVIC, did shoot and kill and did participate with other members of his unit and soldiers from another brigade in the shooting and killing of unarmed Bosnian Muslim men at the Pilica collective farm. These summary executions resulted in the deaths of hundreds of Bosnian Muslim male civilians.”

14. However, the Trial Chamber also accepts that the accused committed the offence in question under threat of death. At different stages in the previous proceedings, he testified as follows:

Before Trial Chamber I on 31 May 1996:

“Your Honour, I had to do this. If I had refused, I would have been killed together with the victims. When I refused, they told me: “If you are sorry for them, stand up, line up with them and we will kill you too”. I am not sorry for myself but for my family my wife and son who then had nine months, and I could not refuse because they would have killed me.”

Before Trial Chamber I dealing with the Rule 61 proceedings against Radovan Karadzic and Ratko Mladic on 5 July 1996:

“Q. What happened to those civilians?
A. We were given orders to fire at those civilians, that is, to execute them.
Q. Did you follow that order?
A. Yes, but at first I resisted and Brano Gojkovic told me if I was sorry for those people that I should line up with them; and I knew that this was not just a mere threat but that it could happen, because in our unit the situation had become such that the Commander of the group has the right to execute on the spot any individual if he threatens the security of the group or if in any other way he opposes the Commander of the group appointed by the Commander Milorad Pelemis.”

Before Trial Chamber I on 19 November 1996:

“It was so difficult for me, but I had no choice. I had no choice.”

Before Trial Chamber I on 19 November 1996:

“The Lieutenant Colonel took us to a farm. I did not know the name of that farm. I just explained the location. I knew that the village of Pilica was there, but it was only when we got there that I learned what was happening. They told us that a bus load of civilians would come from Srebrenica. I said immediately that I did not want to take part in that and I said, “Are you normal? Do you know what you are doing?” But nobody listened to me and they told me, “If you do not wish to, if you ….you can just go and stand in the line together with them. You can give us your rifle.”
I told you last time, if I had been alone, if I had not had my wife and a son, I would have fled and something else would have happened. I had to do that. I was forced to do that.”

Before Trial Chamber I on 19 November 1996:

“Your Honours, I would first like to say that I did not wish to do that. It was…I was under orders. If I had not done that, my family, would have been hurt and nothing would have been changed.”

Before Trial Chamber I on 19 November 1996:

“Q. Did you know at the time of anyone who was shot for having disobeyed orders?
A. You know, I will tell you, I am sure that I would have been killed had I refused to obey because I remember that Pelemis had already ordered one man to slaughter another man and I am familiar with some other orders, I mean, what a Commander was entitled to do if he was disobeyed; he could order this person’s liquidation immediately. I had seen quite a bit of that over those few days and it was quite clear to me what it was all about.”

Before Trial Chamber I on 20 November 1996:

“When this Lieutenant Colonel sat in the vehicle and started going away, then Brano said, “Now buses will be brought in with civilian population from Srebrenica, men.” He emphasised civilians, that is to say, that they would be wearing civilian clothes. I said, “People, I do not want this, are you normal?” Nothing. “Mr. Erdemovic”…this is what Brano told me …. “if you do not want to, stand with them so that I, so that we can kill you too or give them weapons so that they can shoot you.”
I was not afraid for myself at that point, not that much. If I were alone, I would have run away, I would have tried to do something, just as they tried to flee into the forest or whatever. But what would happen to my child and to my wife? So there was this enormous burden falling on my shoulders. On the one hand, I knew that I would be killing people, that I could not hide this, that this would be burning at my conscience.”

Before Trial Chamber I on 20 November 1996:

“Q. . . . That is, from the moment on 16 July 1995 when you realised what your task was going to be and until around 3 o’clock in the afternoon when the shooting stopped, did you at any point have any possibility to avoid taking part in this shooting without jeopardising your life?
A. No. No, that is my most sincere and frank answer; not because I am defending myself. I am really being honest . . .”