LJUBISA BEARA - IN PRE-TRIAL

Ljubisa Beara - (IT-02-58)

Chief of Security of the Main Staff of the VRS

Born	14 July 1939 in Sarajevo in Bosnia and Herzegovina.
----------- Transferred to ICTY	10 October 2004
----------- Initial Appearance	12 October 2004, did not yet enter a plea
----------- Further Appearances	9 November 2004 and 11 November 2004, pleaded not guilty to the counts of the Indictment

Charged on the basis of individual criminal responsibility (Article 7(1)) with:

- Genocide
- Crimes against humanity
- Violations of the laws or customs of war

The Indictment ("Srebrenica")
Factual Allegations:
The Indictment that was confirmed on 26 March 2002, alleges that during the attack on the Srebrenica enclave by Bosnian Serb forces in July 1995, and the subsequent killings and executions of Bosniak men and boys, Ljubisa Beara was a Colonel and was Chief of Security of the Main Staff of the Bosnian Serb Army ("VRS"). As Chisef of Security, Ljubisa Beara's responsibilities included managing the Main Staff units of the Military Police, as well as co-ordinating with the bodies of the Ministry of the Interior ("MUP") in the six VRS corps' zones of responsibility. He also had responsibility for dealing with captured Bosniak prisoners from Srebrenica from 11 July 1995 until 1 November 1995.

In the several days following the attack on Srebrenica, the VRS forces captured, detained, summarily executed, and buried over 7,000 Bosniak men and boys from the Srebrenica enclave, and forcibly transferred the Bosniak women and children of Srebrenica out of the enclave. According to the Indictment, Ljubisa Beara committed, planned, instigated, ordered and otherwise aided and abetted in the planning, preparation and execution of the charged crimes.

It is alleged that Ljubisa Beara, together with other VRS and MUP officers and units as identified in the Indictment, was a member of and knowingly participated in a Joint Criminal Enterprise, the common purpose of which was, among other things: to forcibly transfer the women and children from the Srebrenica enclave to Kladanj on 12 July and 13 July 1995; and to capture, detain, summarily execute by firing squad, bury, and rebury thousands of Bosniak men and boys aged 16 to 60 from the Srebrenica enclave from 12 July 1995 until on or about 19 July 1995.

Charges:
The Indictment charges Ljubisa Beara on the basis of his individual criminal responsibility (Article 7(1) of the Statute) with:
One count of genocide (Article 4 of the Statute - genocide; alternatively, complicity to commit genocide),
Four counts of crimes against humanity (Article 5 of the Statute - extermination, murder, persecutions on political, racial and religious grounds, inhumane acts (forcible transfer)) and
One count of violations of the laws or customs of war (Article 3 of the Statute - murder)

Trial Chamber III:
Judge Patrick Robinson (Presiding), Jamaica
Judge O-Gon Kwon, South Korea
Judge Iain Bonomy, United Kingdom

keywords: Ljubisa Beara, Srebrenica Genocide, Srebrenica Massacre, Bosniaks, Bosnian Muslims, Bosnia-Herzegovina