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{{Short description|Bosnian military commander}} | |||
{{Infobox Military Person | |||
{{Infobox person | |||
|name=Naser Orić | |||
| name = Naser Orić | |||
|lived={{Birth date and age|1967|3|3|}} | |||
| image = Naser Oric (cropped).jpg | |||
|placeofbirth=], ], ] | |||
| caption = Orić at the ] in 2008 | |||
|placeofdeath= | |||
| birth_date = {{birth date and age|1967|03|03||df=y}} | |||
|image=] | |||
| birth_place = ], ], ] | |||
|caption= | |||
| module = {{Infobox military person |embed=yes | |||
|allegiance={{flagicon|Bosnia and Herzegovina|1992}}] | |||
| allegiance = {{flagdeco|Yugoslavia|1945}} ]<br /> | |||
|serviceyears=] – ] | |||
{{flagdeco|Bosnia and Herzegovina|1992}} ] | |||
|rank=], | |||
| serviceyears = 1992–95 | |||
|commands=Commander in ] | |||
| rank = ] | |||
|unit=28th Division (2nd Corps) | |||
| commands = Commander in ] | |||
|battles=], ], ] | |||
| unit = 28th Division (2nd Corps) | |||
|awards= | |||
| battles = {{tree list}} | |||
|laterwork= | |||
*] | |||
}} | |||
** ] | |||
'''Naser Orić''', (born ], ]), is a former ] ] who commanded the ] forces in the Srebrenica enclave in Eastern Bosnia surrounded by Serb forces, during ]. In 2006 he was convicted to imprisonment for 2 years by the ] (ICTY) in the ] for failing to prevent the deaths of five and the mistreatment of eleven ] ]s during the period from late 1992 to early 1993 on the basis of superior criminal responsibility. <ref name=ICTY>ICTY. "Prosecutor vs Naser Orić , Judgment". United Nations. 30 June 2006. </ref> He was ] on the other charges of wanton destruction and causing damage to ] beyond the realm of ] necessity. | |||
**] | |||
**] | |||
**] | |||
{{tree list/end}} | |||
}}}} | |||
'''Naser Orić''' (born 3 March 1967) is a Bosnian former officer who commanded ] (ARBiH) forces in the ] enclave in eastern Bosnia surrounded by ], during the ]. | |||
In 2006, he was sentenced to two years imprisonment by the Trial Chamber of the ] (ICTY) in the ] for failing to prevent the deaths of five ] detainees and the mistreatment of eleven other detainees from late 1992 to early 1993 on the basis of superior criminal responsibility.<ref>{{cite web|url=https://www.hrw.org/news/2006/07/11/orics-two-years|title=Oric's Two Years|publisher=HRW.org|date=11 July 2006}}</ref> | |||
==Career== | |||
Following ] Orić reported for ] in the ] (JNA) in 1985/1986, where he served in a special unit for atomic and chemical defence. He left the JNA with the rank of ]. | |||
Orić was ] on other charges of wanton destruction and causing damage to civilian infrastructure beyond the realm of ]. On 3 July 2008, the Appeals Chamber of the ICTY reversed the Trial Chamber's conviction and acquitted Orić of all charges brought against him.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/7486999.stm|title=Srebrenica Muslim chief cleared|work=bbc.co.uk|date=3 July 2008|access-date=18 November 2015}}</ref> In November 2018, he was formally acquitted by a Bosnian appeals court.<ref>{{Cite news|url=https://abcnews.go.com/International/wireStory/bosnian-srebrenica-commander-acquitted-war-crimes-59516401|title=Bosnian Srebrenica commander acquitted of war crimes|work=ABC News|access-date=2018-11-30|language=en}}</ref> | |||
In 1988, he completed a six month training course in ] and served in ] in ] as a trainee policeman. As a member of the police unit for special actions, he had courses for two more years. In 1990, Naser Orić was deployed to ] as a member of a Special Police unit of the ] of the ]. Thereafter, he returned to Belgrade, where he became a ] to ]. | |||
==Early life== | |||
In August 1991, Orić was transferred to a police station in ], on the outskirts of ], Bosnia. In late 1991, Orić was moved to the police station in Srebrenica, and in April 1992 he became the ] of the Potočari police sub-station. | |||
Naser Orić was born on 3 March 1967 in ], about {{convert|3|km}} from the town of ] to Džemal and Hata.<ref name="Bartrop">{{cite book|last=Bartrop|first=Paul|author-link=Paul R. Bartrop|year=2012|title=A Biographical Encyclopedia of Contemporary Genocide|publisher=ABC-CLIO|location=]|isbn=978-0-313-38679-4|url=https://books.google.com/books?id=55NPpA6EvyMC|page=248}}</ref> His grandfather had fought with the ], a ultranationalist movement, during ].<ref>{{cite book|author=Central Intelligence Agency|title=Balkan Battlegrounds: A Military History of the Yugoslav Conflict, 1990–1995|year=2002|publisher=Office of Russian and European Analysis|location=]|oclc=50396958|isbn=978-0-16-066472-4|url=https://books.google.com/books?id=it1IAQAAIAAJ|ref={{harvid|CIA|2002}}|page=342}}</ref><ref name="Mann">{{cite book|last=Mann|first=Michael|ref=Mann|year=2005|publisher=Cambridge University Press|location=]|url=https://books.google.com/books?id=cGHGPgj1_tIC|title=The Dark Side of Democracy: Explaining Ethnic Cleansing|page=417|isbn=9780521538541|access-date=14 February 2014}}</ref> Orić graduated from high school with a metalworking certificate.<ref name="Mann"/> | |||
==Career== | |||
===Territorial Defence (April 1992 - September 1992)=== | |||
Orić was ] into the ] (JNA) in 1985/1986, where he served in a special unit for atomic and chemical defence. He left the JNA with the rank of ].<ref name="Bartrop"/> In 1988, he completed a six-month training course in ] and served in ] in ] as a trainee policeman.<ref name="ICTY - Amended Indictment">{{cite web |title=Amended Indictment - Naser Oric |url=https://www.icty.org/x/cases/oric/ind/en/ori-ai030723e.pdf |website=ICTY.org |publisher=The International Criminal Tribunal for the former Yugoslavia}}</ref> As a member of the police unit for special actions, he had courses for two more years.<ref name="ICTY - Amended Indictment" /> He was occasionally deployed to Kosovo and worked as a bodyguard for ] when required.<ref name="Muslimovic">{{cite web |last1=Muslimovic |first1=Admir |title=Naser Oric: Srebrenica Commander Inspires Love and Hate |url=https://balkaninsight.com/2017/10/05/naser-oric-srebrenica-commander-inspires-love-and-hate-10-02-2017/ |website=Balkan Insight |publisher=BIRN |date=5 October 2017}}</ref> He guarded Milošević during the celebration of the 600th anniversary of the ] at ] in ] in June 1989, when the Serbian president delivered a speech in front of hundreds of thousands of Serbs.<ref name="Muslimovic" /> Orić says he did not speak to Milošević when he guarded him, but says he did meet and talk with him years later when the two were both on trial at the Hague, remarking that Milošević acted "like a gentleman" and even gave him gifts.<ref name="Muslimovic" /> | |||
With the disintegration of the ], a cadre staff consisting of former JNA officers began to prepare for the defence of Bosnia and Herzegovina. On 8 April 1992, the ] transformed the existing ] TO (Territorial Defence) into the TO of Bosnia and Herzegovina. | |||
In 1990, Orić was deployed to ] as a member of a Special Police unit of the ] of the ].<ref name="ICTY - Third Amended Indictment">{{cite web |title=Naser Oric - Third Amended Indictment |url=https://www.icty.org/x/cases/oric/ind/en/ori-3ai050630e.htm |website=ICTY.org |publisher=The International Criminal Tribunal for the former Yugoslavia}}</ref> Thereafter, he returned to Belgrade. He worked in quelling the civil unrest during the ], arresting ].<ref name="Muslimovic" /> During that time he also worked as a bouncer at the famous Belgrade nightclub Metro (formerly Zvezda) in ]. In August 1991, Orić was transferred to a police station in ], outside ].<ref name="ICTY - Third Amended Indictment" /> He was moved to the police station in Srebrenica in late 1991. In April 1992 he became the ] of the ] police sub-station.<ref name="ICTY - Third Amended Indictment" /> | |||
In mid-April 1992, the Potočari TO was established, and Orić became its Commander. In May 1992, members of the Crisis Staff of the TO Srebrenica appointed him as the Commander, which ], Chief of the Supreme Command Staff of the Army of Bosnia and Herzegovina (ABiH), officially confirmed in June. Orić also became a member of the War Presidency in Srebrenica upon its creation on 1 July. | |||
=== |
===Territorial Defence (April 1992–September 1992)=== | ||
With the disintegration of the ], a cadre staff consisting of former JNA officers began to prepare for the defence of Bosnia and Herzegovina.<ref name="ICTY - Third Amended Indictment" /> On 8 April 1992, the ] transformed the existing Territorial Defence of ] into the ].<ref name="ICTY - Third Amended Indictment" /> | |||
In September, 1992, the Srebrenica TO HQ was re-named the HQ Srebrenica Armed Forces. Orić remained the commander. Orić's command was further extended when he was appointed the Commander of the Joint Armed Forces of the Sub-Region Srebrenica in early November 1992. Now his command encompassed the geographical regions of several municipalities: Srebrenica, Bratunac, Vlasenica and ] in Eastern Bosnia. Orić received a Certificate of Merit in April 1993. | |||
In mid-April 1992, the Potočari TO was established, and Orić became its Commander.<ref name="ICTY - Amended Indictment" /> In May 1992, members of the Crisis Staff of the TO Srebrenica appointed him as the Commander, which ], Chief of the Supreme Command Staff of the ] (ARBiH), officially confirmed in June.<ref name="ICTY - Amended Indictment" /> Orić also became a member of the War Presidency in Srebrenica upon its creation on 1 July.<ref name="ICTY - Amended Indictment" /> | |||
On New Year's Day 1994, all units under the command of Orić were named the 8th Operative Group Srebrenica HQ, 2nd (Tuzla) Corps of the ABiH. On 12 July 1994, Orić was promoted to the rank of ], and sometime before the first of March he was awarded the "Golden Lily", the highest award given by the Chief of Staff of the Supreme Command of the ABiH. | |||
===Army of Bosnia and Herzegovina (September 1992–1995)=== | |||
In early 1995, the 8th Operative Group Srebrenica HQ was re-named the ABiH 2nd Corps 28th Mountain Division. | |||
In September, 1992, the Srebrenica TO HQ was renamed the HQ Srebrenica Armed Forces. Orić remained the commander.<ref name="ICTY - Amended Indictment" /> Orić's command was further extended when he was appointed the Commander of the Joint Armed Forces of the Sub-Region Srebrenica in early November 1992.<ref name="ICTY - Amended Indictment" /> Now his command encompassed the geographical regions of several municipalities: Srebrenica, Bratunac, Vlasenica and ] in Eastern Bosnia.<ref name="ICTY - Amended Indictment" /> Orić received a Certificate of Merit in April 1993.<ref name="ICTY - Amended Indictment" /> | |||
On New Year's Day 1994, all units under the command of Orić were named the 8th Operative Group Srebrenica HQ, ].<ref name="ICTY - Second Amended Indictment">{{cite web|url=https://www.un.org/icty/indictment/english/ori-2ai041004e.htm|title=Naser Orić: second amended indictment|publisher=The International Criminal Tribunal for the former Yugoslavia|access-date=23 July 2015|url-status=dead|archive-url=https://web.archive.org/web/20090303134851/http://www.un.org/icty/indictment/english/ori-2ai041004e.htm|archive-date=3 March 2009}}</ref> On 12 July 1994, Orić was promoted to the rank of ], and sometime before the first of March he was awarded the ], the highest award given by the Chief of Staff of the Supreme Command of the ARBiH.<ref name="ICTY - Second Amended Indictment" /> In early 1995, the 8th Operative Group Srebrenica HQ was renamed the ABiH 2nd Corps 28th Mountain Division.<ref name="ICTY - Second Amended Indictment" /> | |||
==Orić in Srebrenica 1992-1995== | |||
<!-- Deleted image removed: ] --> | |||
==Orić in Srebrenica 1992–1995== | |||
===Background=== | |||
In 1990, the ] that ruled the ] (SFRY) dissolved. Ethnically defined political parties emerged in ] (BiH), which was one of the six republics that once constituted SFRY, and fought over BiH's future.<ref name="ICTY Naser Oric">{{cite web |title= Prosecutor v. Naser Orić IT-03-68-T |pages=31-32, 37-38, 60, 139 |website=ICTY |date=30 June 2006 |url=https://www.icty.org/x/cases/oric/tjug/en/ori-jud060630e.pdf |access-date=December 18, 2020}}</ref> In November 1991, a Bosnian Serb plebiscite reflected support for BiH to remain within the SFRY. However, an overwhelming majority of Bosnian Muslims and Bosnian Croats voted for BiH independence, in the next few months.<ref name="ICTY Naser Oric" /> | |||
===Beginning of the war in Srebrenica=== | ===Beginning of the war in Srebrenica=== | ||
Srebrenica, and the surrounding Central Podrinje region, held immense strategic importance to both the Serbs and the Bosniaks during the ensuing ].<ref>{{cite web |title= Prosecutor v. Radislav Krstic IT-98-33-T |page=4 |website=ICTY |date=30 June 2006 |url=https://www.icty.org/x/cases/krstic/tjug/en/krs-tj010802e.pdf |access-date=December 18, 2020}}</ref> | |||
The Serbian takeover of the municipalities of Bratunac and Srebrenica signalled the beginning of large-scale ]. Following the Serb takeover of Srebrenica town on 10 April 1992, most of the Bosniak population fled to the surrounding area. Some of these who stayed were killed, while many others were arrested and deported.<ref name=NIWD1>Netherlands Institute for War Documentation."Appendix IV, History and Reminders in East Bosnia". 2002.</ref> Meanwhile, in a number of villages around Srebrenica the Bosniak population began to organize local ]. Orić was one of the leaders. | |||
Srebrenica was a focal point in the Serb strategy and was gradually isolated by the Serb forces in 1992. By April 1992, the Yugoslav People's Army (JNA) had set up artillery at all strategic points surrounding Srebrenica.<ref name="ICTY Naser Oric" /> In 1992, Bosniak villages around Srebrenica were under attacks by Serb forces. According to the Naser Orić trial judgement:<ref name="ICTY Naser Oric" /><blockquote>"Between April 1992 and March 1993, Srebrenica town and the villages in the area held by Bosnian Muslims were constantly subjected to Serb military assaults, including artillery attacks, sniper fire, as well as occasional bombing from aircraft. Each onslaught followed a similar pattern. Serb soldiers and paramilitaries surrounded a Bosnian Muslim village or hamlet, called upon the population to surrender their weapons, and then began shelling and shooting. In most cases, they then entered the village or hamlet, expelled or killed the Bosniak forces, who offered no significant resistance. Meanwhile, in a number of villages around Srebrenica the Bosniak population began to organize local resistance groups.</blockquote> | |||
At the start, Orić found few supporters and his small group of ] only had hunting rifles and ] from the police ] in Srebrenica. Orić's first major attack on the Serbs took place on 20 April 1992 in Potocari, when his forces successfully ]ed a number of vehicles of the ]'s ] ] group ("Tigers") and local Serbian police. Right after, the JNA started ] assaults on Orić's ] of Potocari industrial area and surrounding villages. <ref name=NIWD2>Netherlands Institute for War Documentation."Part II | |||
Dutchbat in the enclave". 2002. </ref> | |||
From April 1992 onward, Naser Orić personally led a group of 20-30 Bosnian Muslim fighters from his native Potočari, a village about four kilometres northeast of Srebrenica. Orić was chief of the Potočari police sub-station and his group was involved in holding the front line and resisting Serb attacks on Potočari.<ref name="ICTY Naser Oric" /> | |||
By early May 1992 the Bosniak forces began to assault the Serbs in and around Srebrenica. On 6 May, Bosniak forces under Naser Orić carried out their first attack on a Serb village, Gniona, to the north of the town of Srebrenica. A leader of the ] in Srebrenica, Goran Zekic, was killed in an ambush on 8 May. Soon thereafter Serbs began to flee Srebrenica or were driven out by Bosniak forces. Bosniak forces under Orić and other Bosniak commanders took control of Srebrenica on 9 May.<ref name=UN1>Secretary General. "Srebrenica Report". United Nations. 1998.</ref> | |||
On April 18, 1992, Srebrenica fell to the Bosnian Serbs. However, Naser Orić and a handful of lightly-armed fighters based in Potočari ambushed and killed a number of Serb paramilitaries.<ref name="ICTY Naser Oric" /> On 6 May, Bosniaks led by Naser Orić carried out their first attack on a village, Gniona, to the north of the town of Srebrenica in which some Serb civilian were massacred. On May 8, 1992, a leader of the Serb forces at Srebrenica, Goran Zekić was killed in an ambush.<ref name="ICTY Naser Oric" /> At around the same time, the Serb forces retreated from Srebrenica and Naser Orić, together with other Bosnian Muslim fighters and civilians reoccupied Srebrenica.<ref name="ICTY Naser Oric" /> | |||
In the following days, Bosniaks who had been hiding in the woods emerged and gradually returned to their houses in Srebrenica. The Bosniak forces held the town for about three years after this, while almost all of the Serb inhabitants fled to Bratunac or elsewhere. The Bosnian Serb forces answered to these developments by killing Bosniaks in the village of Glogova on May 9 and in Bratunac on May 10 through May 13. | |||
The Prosecution at the ICTY alleged that between September 24, 1992 and March 20, 1993, the military police, under Orić's command and control, subjected several Serb individuals to physical abuse, serious suffering and injury to body and health, inhumane treatment, and in some cases, murder.<ref name="ICTY Naser Oric" /> However, Orić was acquitted of these charges by the ICTY Appeals Chamber, who found that there is insufficient evidence to hold Orić responsible for the crimes with which he was charged.<ref>{{cite web |title= Prosecutor v. Naser Orić IT-03-68-A |page=63 |website=ICTY |date=3 July 2008 |url=https://www.icty.org/x/cases/oric/acjug/en/080703.pdf |access-date=December 20, 2020}}</ref> | |||
===Role of Bosnian forces on the ground=== | |||
Almost none of the Serbs, who lived in Srebrenica before the war, stayed in the town. Bosnian Serb forces committed a ] on 9 May and in Bratunac on 10 May through 13 May. Serb forces surrounded Srebrenica and started to bomb the town.{{citation needed|date=November 2015}} | |||
A report requested by the 53rd session of the ] and delivered to the 54th session addresses the conduct of Bosniak forces in Srebrenica. | |||
General ] of France, Commander of the ] (UNPROFOR), visited Srebrenica in March 1993. By then the town was overcrowded and siege conditions prevailed. There was almost no running water as the advancing Serb forces had destroyed the town’s water supplies; people relied on makeshift generators for electricity, and food, medicine and other essentials were extremely scarce. Before leaving, General Morillon told the panicked residents of Srebrenica at a public gathering that the town was under the protection of the UN and that he would never abandon them.{{citation needed|date=April 2016}} | |||
Titled "Report of the Secretary-General pursuant to General Assembly resolution 53/35—The Fall of Srebrenica" <ref>"Report of the Secretary-General pursuant to General Assembly resolution 53/35—The Fall of Srebrenica" </ref>, delivered on November 15, 1999, it states: | |||
===The attacks=== | |||
{{quotation|"Concerning the accusation that the Bosniaks did not do enough to defend Srebrenica, military experts consulted in connection with this report were largely in agreement that the Bosniaks could not have defended Srebrenica for long in the face of a concerted attack supported by armour and artillery." <ref>"Report of the Secretary-General pursuant to General Assembly resolution 53/35—The Fall of Srebrenica" paragraph 476 </ref> <br><br> "Many have accused the Bosniak forces of withdrawing from the enclave as the Serb forces advanced on the day of its fall. However, it must be remembered that on the eve of the final Serb assault the Dutchbat Commander urged the Bosniaks to withdraw from defensive positions south of Srebrenica town—the direction from which the Serbs were advancing. He did so because he believed that NATO aircraft would soon be launching widespread air strikes against the advancing Serbs." <ref>"Report of the Secretary-General pursuant to General Assembly resolution 53/35—The Fall of Srebrenica" paragraph 478</ref> <br><br> "A third accusation levelled at the Bosniak defenders of Srebrenica is that they provoked the Serb offensive by attacking out of that safe area. Even though this accusation is often repeated by international sources, there is no credible evidence to support it. Dutchbat personnel on the ground at the time assessed that the few "raids" the Bosniaks mounted out of Srebrenica were of little or no military significance. These raids were often organized in order to gather food, as the Serbs had refused access for humanitarian convoys into the enclave. Even Serb sources approached in the context of this report acknowledged that the Bosniak forces in Srebrenica posed no significant military threat to them. The biggest attack the Bosniaks launched out of Srebrenica during the more than two years during which it was designated a safe area appears to have been the raid on the village of Višnjica, on 26 June 1995, in which several houses were burned, up to four Serbs were killed and approximately 100 sheep were stolen. In contrast, the Serbs overran the enclave two weeks later, driving tens of thousands from their homes, and summarily executing thousands of men and boys. The Serbs repeatedly exaggerated the extent of the raids out of Srebrenica as a pretext for the prosecution of a central war aim: to create a geographically contiguous and ethnically pure territory along the Drina, while freeing their troops to fight in other parts of the country. The extent to which this pretext was accepted at face value by international actors and observers reflected the prism of "moral equivalency" through which the conflict in Bosnia was viewed by too many for too long."<ref>"Report of the Secretary-General pursuant to General Assembly resolution 53/35—The Fall of Srebrenica" paragraph 479</ref> }} | |||
The attacks under Orić's command mentioned in the ICTY indictment, by Deputy Prosecutor ], are listed below: | |||
:*15–20 May, the villages of Viogor, Orahovica and Osredak were attacked. The main objective of these attacks was to link up various Bosniak resistance centers around Srebrenica. {{citation needed|date=November 2015}} | |||
===Controversy regarding number of Serb casualties=== | |||
:*21-27 June, the villages of Ratkovici, Bradjevina, Ducici, and Gornji Ratkovici were attacked by Orić's forces. The objective of the attack was reportedly to prevent further shelling of Srebrenica enclave.<ref name="ICTY - Second Amended Indictment" /> | |||
:*8 August, the villages of Jezestica and Bozici were attacked by forces under the command of Naser Orić after repelling an attack of Serb paramilitary known as Panteri.<ref name="ICTY - Second Amended Indictment" /> | |||
It is agreed by all sides that Serbs suffered a number of casualties during military forays led by Naser Orić. The controversy over the nature and number of the casualties came to a head in 2005, the 10th anniversary of the massacre.<ref name="hrw-oric">Oric's Two Years, Human Rights Watch </ref> According to ], the ultra-nationalist ] "launched an aggressive campaign to prove that Muslims had committed crimes against thousands of Serbs in the area" which "was intended to diminish the significance of the July 1995 crime."<ref name="hrw-oric" /> A press briefing by the ICTY Office of the Prosecutor (OTP) dated 6 July 2005 noted that the number of Serb deaths in the region alleged by the Serbian authorities had increased from 1400 to 3500, a figure the OTP stated " not reflect the reality."<ref name="icty-july05">ICTY Weekly Press Briefing, July 2005 </ref> The briefing cited previous accounts: | |||
:*24 September, the village of Podravanje, which was on the road between Srebrenica and ], was attacked. 19 Serbs were reportedly killed.{{citation needed|date=September 2016}} | |||
:*26 September, Orić's forces attacked the villages of Nedeljista and Rogosija near Milici after repelling an attack by Serbs. | |||
*The Republika Srpska's Commission for War Crimes gave the number of Serb victims in the municipalities of Bratunac, Srebrenica and Skelani as 995; 520 in Bratunac and 475 in Srebrenica. | |||
:*5 October, Orić attacked Fakovici and other villages along the river ]. According to a Dutch government report (NIOD report), Orić's forces killed at least 24 Serb soldiers and burned down 36 buildings. Serbs at the other (i.e. Serbian) side of the Drina were involved in skirmishes as well. The report states that Serbs were using small boats as platforms for machineguns.<ref name="ICTY - Second Amended Indictment" /><ref name="NIOD Pt2Ch2">{{cite web|url=http://213.222.3.5/srebrenica/toc/p2_c02_s004_b01.html|title=Dutchbat in the enclave|publisher=Netherlands Institute for War Documentation (NIOD)|access-date=23 July 2015|url-status=dead|archive-url=https://web.archive.org/web/20060721152501/http://213.222.3.5/srebrenica/toc/p2_c02_s004_b01.html|archive-date=21 July 2006}}</ref> | |||
*''The Chronicle of Our Graves'' by Milivoje Ivanisevic, president of the Belgrade Center for Investigating Crimes Committed against the Serbs, estimates the number of people killed at around 1200. | |||
:*6 November, Bosniak forces, led by Orić, attacked and captured the village of Kamenica (Bosnia and Herzegovina). | |||
*''For the Honorable Cross and Golden Freedom'', a book published by the RS ], referred to 641 Serb victims in the ]-]-] region. | |||
:*14-19 December, Bosnian Army and ] under the command of Orić attacked the villages of Bjelovac, Voljavica, ], and Sikirić after an attack by the Serb Army.<ref name="ICTY - Second Amended Indictment" /> | |||
:*7 January 1993 (] ] Day), Bosniak forces under Orić captured the Serb villages of ], Siljkovici and Jezestica. An estimated 25 ] troops and eleven civilians were killed in the attack. The attack was reportedly in response to shelling by Serb forces.<ref name="ICTY - Second Amended Indictment" /><ref name="times">{{cite web|url=http://www.timesonline.co.uk/article/0,,3-1684669_2,00.html|title=Massacre memorial clouded by desire for bloody revenge|access-date=18 November 2015|url-status=dead|archive-url=https://web.archive.org/web/20080113010003/http://www.timesonline.co.uk/article/0,,3-1684669_2,00.html|archive-date=13 January 2008}}</ref> | |||
The accuracy of these numbers is challenged: the OTP noted that although Ivanisevic's book estimated that around 1200 Serbs were killed, personal details were only available for 624 victims.<ref name="icty-july05" /> The validity of labeling some of the casualties as "victims" is also contested<ref name="icty-july05" />: studies have found a significant majority of military casualties compared to civilian casualties.<ref name=RDC>RDC. "The Myth Of Bratunac: A Blatant Numbers Game". </ref> This is in line with the nature of the conflict—Serb casualties died in raids by Bosniak forces on outlying villages used as military outposts for attacks on Srebrenica<ref>Institute for War and Peace Reporting, Tribunal Update, November 2005 </ref> (many of which had been ethnically cleansed of their Bosniak majority population in 1992).<ref>Bosnian Congress—census 1991—Northeast of Bosnia </ref> For example the village of Kravica was attacked by Bosniak forces on ] ] Day, ] 1993. Some Serb sources such as Ivanisevic allege that the village's 353 inhabitants were "virtually completely destroyed".<ref name="icty-july05" /> In fact, the VRS' own internal records state that 46 Serbs died in the Kravica attack: 35 soldiers and 11 civilians.<ref>VRS, “Warpath of the Bratunac brigade”, cited in: RDC. "The Myth Of Bratunac: A Blatant Numbers Game". </ref> while the ICTY Prosecutor's Office's investigation of casualties on 7 and 8 January in Kravica and the surrounding villages found that 43 people were killed, of whom 13 were obviously civilians.<ref>Florence Hartmann, Spokesperson for the Office of the Prosecutor, ICTY Weekly Press Briefing, 6.7.2005 </ref> Nevertheless the event continues to be cited by Serb sources as the key example of heinous crimes committed by Bosniak forces around Srebrenica.<ref name="hrw-oric"/> As for the destruction and casualties in the villages of Kravica, Siljkovići, Bjelovac, Fakovići and Sikirić, the judgment states that the prosecution failed to present convincing evidence that the Bosnian forces were responsible for them, because the Serb forces used artillery in the fighting in those villages. In the case of the village of Bjelovac, Serbs even used the warplanes.<ref>ICTY: Naser Orić verdict </ref> | |||
:*16 January 1993, Orić attacked the village of Skelani, on the border with Serbia,<ref>{{cite web |title=Public Sitting - Verbatim Record |url=https://www.icj-cij.org/files/case-related/91/091-20060313-ORA-02-00-BI.pdf |website=ICJ-CIJ.org |publisher=International Court of Justice |page=38 |date=13 March 2006}}</ref> killing at least 40 Serbs.<ref>{{cite book | title=Chronology of the Yugoslav Crisis, 1942-1993 |volume= 1 |isbn= 9788682057024|first1=Slobodanka |last1=Kovačević|first2= Putnik |last2=Dajić| publisher=Institute for European Studies |year= 1994| url=https://books.google.com/books?id=mBwWAQAAMAAJ&pg=PA141| page=141}}</ref> | |||
The most up-to-date analysis of Serb casualties in the region comes from the ]-based ], a non-partisan institution with a multiethnic staff, whose data have been collected, processed, checked, compared and evaluated by international team of experts.<ref>—Rebekah Heil (IWPR), June 23 2007.</ref> <ref name=RDC/> <ref>—The Bosnian Book of Dead (short analysis)</ref> The RDC's extensive review of casualty data found that Serb casualties in the Bratunac municipality amounted to 119 civilians and 424 soldiers. It also established that although the 383 Serb victims buried in the Bratunac military cemetery are presented as casualties of ARBiH units from Srebrenica, 139 (more than one third of the total) had fought and died elsewhere in Bosnia and Herzegovina.<ref name=RDC/> | |||
Serb sources maintain that casualties and losses during the period prior to the creation of the safe area gave rise to Serb demands for revenge against the Bosniaks based in Srebrenica. The ARBiH raids are presented as a key motivating factor for the July 1995 genocide.<ref>Serbs accuse world of ignoring their suffering, AKI, 13 July 2006 </ref> This view is echoed by international sources including the 2002 report commissioned by the Dutch government on events leading to the fall of Srebrenica (the NIOD report).<ref>Srebrenica, a safe haven (Appendix IV, History and Reminders in East Bosnia), NIOD, 2002 </ref> However these sources also cite misleading figures for the number of Serb casualties in the region. The NIOD report, for instance, repeats the erroneous claim that the raid on Kravica resulted in the total annihilation of its population. Many consider these efforts to explain the motivation behind the Srebrenica massacre are merely revisionist attempts to justify the genocide. To quote the report to the UN Secretary-General on the Fall of Srebrenica<ref>UN General Assembly; "Fifty-fourth session, Agenda item 42: The Fall of Srebrenica—Role of Bosniak Forces on the Ground; United Nations; para 475–479 from the given link, click "General Assembly", then "54th session", then "report", then click "next" until you reach "A/54/549", click on "A/54/549" </ref>: | |||
<blockquote> | |||
Even though this accusation is often repeated by international sources, there is no credible evidence to support it… The Serbs repeatedly exaggerated the extent of the raids out of Srebrenica as a pretext for the prosecution of a central war aim: to create a geographically contiguous and ethnically pure territory along the Drina, while freeing their troops to fight in other parts of the country. The extent to which this pretext was accepted at face value by international actors and observers reflected the prism of 'moral equivalency' through which the conflict in Bosnia was viewed by too many for too long. | |||
</blockquote> | |||
===UN Safe Area=== | ===UN Safe Area=== | ||
On |
On 10 January 1993 the Bosnian Serb military commander ] launched a full-scale offensive against Srebrenica. On 17 April 1993, the city was made a ] by the ], while fighting between Serb forces and Orić's units in Srebrenica continued with the Serbs retaking much of the territory lost during 1992.{{citation needed|date=November 2015}} | ||
In |
In July 1995, the partially disarmed "]" was ultimately overrun by the ], resulting in the ]. Orić, along with rest of the command staff of 8th OG, was evacuated by helicopter in May 1995 two months prior to the fall of the ]. | ||
==ICTY war crimes trial== | ==ICTY war crimes trial== | ||
After the ], Orić opened a ] in ]. In a post-war TV interview, he stated "It's a fact that I was one of the main commanders in Srebrenica and, if I have to answer to someone, I'll answer; but I'd first have to bring up the time, space and situation in which we lived, as well as what the Serbs did to us compared to what we did to them. If Naser has to answer to someone, I'm right here and I'm not running away from responsibility, I'm not running away from the court, I'm not running away from the Hague or anyone. You just have to call on me and no problem."<ref>Archived at {{cbignore}} and the {{cbignore}}: {{cite web|url=https://www.youtube.com/watch?v=Hd0oc4t2-Hc |title=Naser Oric - Zlatni ljiljan i heroj|publisher=YouTube |date=2010-01-06 |access-date=2015-11-18}}{{cbignore}}</ref> | |||
After the ], Orić opened a ] in ]. In a post-war TV interview, he stated: | |||
An indictment at the ICTY against Orić was submitted on 17 March 2003 and confirmed on 28 March. He was indicted on two counts of individual responsibility and four counts of ] for violations of the laws or customs of war, and was arrested at his club by ] on 10 April 2003 and transferred to the Hague the next day. Orić appeared before the court on 15 April and pleaded "not guilty" to all the counts of the ]. He was denied a provisional release on 25 July 2003 and was held at the ICTY from 11 April 2003 until 30 June 2006.<ref name="case sheet">{{Cite web |title=Case Information Sheet: (IT-03-68) NASER ORIĆ |url=https://www.icty.org/x/cases/oric/cis/en/cis_oric_en.pdf |website=International Criminal Tribunal for the Former Yugoslavia}}</ref> | |||
{{quote|It's a fact that I was one of the main commanders in Srebrenica and, if I have to answer to someone, I'll answer; but I'd first have to bring up the time, space and situation in which we lived, as well as what the Serbs did to us compared to what we did to them. If Naser has to answer to someone, I'm right here and I'm not running away from responsibility, I'm not running away from the court, I'm not running away from the Hague or anyone. You just have to call on me and no problem.<ref>Statement - </ref>}} | |||
An indictment at the ICTY against Orić was submitted on March 17, 2003 and confirmed on March 28. He was indicted on two counts of individual responsibility and four counts of command responsibility for violations of the laws or customs of war, and was arrested without further incident at his club by ] on April 10, 2003 and transferred to the Hague the next day. | |||
Orić appeared before the court on April 15 and pleaded "not guilty" to all the counts of the ]. He was denied a provisional release on July 25, 2003 and was held at the ICTY from April 11, 2003 until June 30, 2006. | |||
===The indictment=== | ===The indictment=== | ||
Orić was accused of |
Orić was accused of torture and cruel treatment of eleven and killing of seven ] men being detained in the Srebrenica police station in 1992/1993, and to punish the perpetrators thereof. He was also accused of having ordered (and led) numerous guerrilla ] into as many as 50 Serb-populated villages in 1992–1993, particularly in the municipalities of Bratunac and Srebrenica. Bosnian Serb buildings, dwellings, and other property in predominantly Serb villages, were burnt and destroyed, hundreds of Serbs were murdered, and thousands of ethnic Serbs fled the area.<ref>{{cite web|url=https://www.un.org/icty/indictment/english/ori-2ai041004e.htm|title=International Criminal Tribunal for the former Yugoslavia|publisher=Un.org|access-date=18 November 2015}}</ref> | ||
He was also accused of having ordered (and led) numerous guerilla ]s into as many as 50 Serb-populated villages in 1992-1993, particularly in the municipalities of Bratunac and Srebrenica. According to the prosecution, in the course of such combat activities, buildings, dwellings, and other property in predominantly Serb villages, were burnt and destroyed; as a result, thousands of Serb individuals fled the area.<ref></ref> | |||
===The trial=== | ===The trial=== | ||
The trial began on |
The trial began on 6 October 2004 and the prosecution completed its case on 31 May 2005.<ref name="case sheet" /> A week later the tribunal dropped two of the counts against him, withdrew all allegation of ]ing ] and ]; the tribunal also dropped two villages from the list of alleged raids.<ref>{{cite web |title=Oral Decision Rendered Pursuant to Rule 98bis in the Oric Case |url=https://www.icty.org/en/press/oral-decision-rendered-pursuant-rule-98bis-oric-case |website=ICTY.org |date=8 June 2005}}</ref> | ||
The defense case commenced on 4 July 2005 and ended on 10 April 2006.<ref name="case sheet" /> The prosecution asked for an eighteen-year prison term, while the defense asked for an acquittal.<ref>{{cite news |title=Srebrenica commander acquitted |url=https://www.aljazeera.com/news/2008/7/3/srebrenica-commander-acquitted |work=Al Jazeera |date=3 July 2008}}</ref> In all there were 196 trial days, 83 witnesses testifying (52 called by prosecution, 30 by defense and 1 by the trial chamber) and 1,649 exhibits presented as evidence. The decision in the case was delivered on 30 June 2006.<ref name="case sheet" /> | |||
===The verdict=== | ===The verdict=== | ||
The ICTY convicted Orić for failing to prevent the murder and inhumane treatment of Serb prisoners. Orić, sentenced to two years in prison,<ref name="autogenerated1">{{cite web|url=https://www.un.org/icty/pressreal/2006/p1094-e.htm|title=ICTY – TPIY|work=un.org}}</ref> was released immediately for time already served. He was acquitted of direct involvement in the murder or cruel treatment of Serbs, and of responsibility for the "wanton destruction" of homes and property.<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/5132684.stm?ls|work=BBC News|title=Bosnian Muslim guilty but freed|date=30 June 2006|access-date=19 May 2010}}</ref> | |||
The ] convicted Orić on only a few of the charges in the indictment and sentenced him to imprisonment for 2 years. The judges noted that militarily superior Serb forces encircled the town and that there was an unmanageable influx of refugees there, as well as a critical shortage of food and the breakdown of law and order. The judges also noted that it was in these circumstances that Orić, then aged 25, was elected commander of a poorly trained volunteer force that lacked effective links with government forces in Sarajevo. His authority was scorned by some other Bosnian leaders and his situation became worse as the Serb forces increased the momentum of their ].<ref> ICTY - Press </ref> | |||
The judges noted that militarily superior Serb forces encircled the town and that there was an unmanageable influx of refugees there, as well as a critical shortage of food and the breakdown of law and order. The judges also noted that it was in those circumstances, Orić, then 25, was elected commander of a poorly-trained volunteer force that lacked effective links with government forces in Sarajevo. His authority was scorned by some other Bosnian leaders and his situation became worse as the Serb forces increased the momentum of their ].<ref name="autogenerated1"/> | |||
The judges stated in the verdict that Orić had reason to know about murder and cruel treatment of Serbs on two specific occasions in the Police station, but acquitted him of all other crimes. Orić was acquitted of direct involvement in the murder of prisoners in the early years of the 1992-95 Bosnia war. But the court found he had closed his eyes to their mistreatment and failed to punish their killers. The three judges acquitted him of all charges related to the wanton destruction of Serb villages. The judges also took into account the lack of food and supplies and resulting lack of order and law during the Serbian siege on Srebrenica.<ref></ref> | |||
The judges stated in the verdict that Orić had reason to know about murder and cruel treatment of Serbs on two specific occasions in the police station but acquitted him of all other crimes. Orić was acquitted of direct involvement in the murder of prisoners in the early years of the Bosnian War, but the court found he had closed his eyes to their mistreatment and failed to punish their killers. The three judges acquitted him of all charges related to the wanton destruction of Serb villages. The judges also took into account the lack of food and supplies and resulting lack of order and law during the Serbian siege on Srebrenica.<ref name="autogenerated1"/> | |||
As for the destruction in the villages of Kravica, Siljkovići, Bjelovac, Fakovići and Sikiric, the judgment states that the prosecution failed to present convincing evidence that the Bosnian forces were responsible for them, because the Serb forces used artillery in the fighting in those villages. In the case of the village of Bjelovac, Serbs even used the ]s.<ref>SENSE Tribunal report - </ref> | |||
As for the destruction in the villages of ], ], ] and ], the judgment stated that "the accused and members of his group of fighters participated in the attack." In the case of the village of ], the court stated that "there is evidence to establish that property was destroyed on a large scale."<ref>{{cite web|url=https://www.un.org/icty/pressreal/2006/p1094e-summary.htm|title=ICTY – TPIY|work=un.org|access-date=18 November 2015}}</ref> | |||
Since Orić had been in the ICTY detention unit for 3 years, three months and 21 days, the court ordered that he be released as soon as possible. | |||
===The appeal=== | ===The appeal=== | ||
On 31 July 2006 UN chief prosecutor Carla del Ponte announced |
On 31 July 2006, UN chief prosecutor ] announced she would appeal against the two-year sentence, saying it was too short. Orić's lawyer said she would also launch an appeal, saying her client did not commit any crime and should be acquitted.<ref> {{webarchive|url=https://web.archive.org/web/20060824013338/http://jurist.law.pitt.edu/paperchase/2006/07/icty-prosecutor-appeals-light-sentence.php |date=2006-08-24 }}, law.pitt.edu; accessed 18 November 2015.</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/europe/5229926.stm|work=BBC News|title=Bosnian Muslim sentence contested|date=30 July 2006|access-date=19 May 2010}}</ref><ref>, setimes.com, 31 July 2006.</ref><ref> {{webarchive|url=https://web.archive.org/web/20071006143655/http://www.sense-agency.com/en/stream.php?sta=3&pid=8295&kat=3 |date=2007-10-06 }}, sense-agency.com; accessed 18 November 2015.</ref> | ||
==After 2006 release from imprisonment== | |||
==Post-trial developments== | |||
As Orić had already spent more than two years in detention, following his trial he was released. He arrived at ] on 1 July 2006.<ref>{{cite web |title=OHR BiH Media Round-up, 2/7/2006 |url=http://www.ohr.int/ohr_archive/ohr-bih-media-round-up-272006/ |publisher=Office of the High Representative |date=2 July 2006}}</ref> On 4 July, he gave an interview to the Sarajevo daily ] in which he stated among other things that the atmosphere in the ICTY detention unit was jovial and that there was no hostility between the inmates who were former war time adversaries. Orić said he passed the time by working out and learning English. He added that he believed that the behavior of an indictee in the detention unit and in the courtroom would reflect the severity of the prison term one would receive.{{citation needed|date=November 2015}} | |||
Naser Orić was arrested on 3 October 2008 by Bosnian police. He was charged in November 2008 with extorting 240,000 ] ($157,000) and illegal possession of weapons and ammunition.<ref>{{cite news |title=Bosnia wartime commander charged with extortion |url=https://www.reuters.com/article/idUSLE361169 |work=Reuters |date=14 November 2008}}</ref> In July 2009 he was found guilty of illegal possession of weapons and ammunition but acquitted of extortion, and sentenced to two years in prison by a Sarajevo court.<ref>{{cite web |title=Naser Oric Sentenced |url=https://www.occrp.org/en/daily/298-naser-oric-sentenced |website=occrp.org |publisher=Organized Crime and Corruption Reporting Project |date=1 July 2009}}</ref> The sentence was subsequently reduced to four years probation and he was pardoned by the Bosnian Federation Presidency in 2012.<ref>{{cite web |title=Bosnian Federation president pardons Orić |url=https://www.b92.net/eng/news/region.php?yyyy=2012&mm=01&dd=13&nav_id=78267 |website=B92 |date=13 January 2012}}</ref> | |||
Orić arrived at ] on ], ] and was welcomed by a crowd of thousands of well wishers as well as family and friends. A limousine was commissioned to take him to his home in Tuzla. | |||
===2015 imprisonment in Switzerland and extradition on new charges=== | |||
On July 4, he gave an interview to the Sarajevo daily ] in which he stated among other things that the atmosphere in the ICTY detention unit was jovial and that there was no hostility between the inmates who were former war time adversaries. Orić said that he was most friendly with Gen. Enver Hadžihasanović, Lahi Brahimaj and Isak Musliu and he also reported having a friendly relationship with ]. Orić said that he passed the time by working out and learning the English language. He also stated that he believed that the behavior of an indictee in the detention unit and in the courtroom would reflect the severity of the prison term one would receive. | |||
On 2 February 2014, Interpol National Central Bureau for Serbia issued an arrest warrant for Naser Orić at the request of the Serbian Justice Ministry on suspicion of war crimes against civilian populations in the villages around the Srebrenica municipality in July 1992.<ref>{{cite web|url=http://www.tuzilastvorz.org.rs/html_trz/VESTI_SAOPSTENJA_2014/VS_2014_01_29_ENG.pdf|title=INVESTIGATION AGAINST ORIĆ AND OTHERS PURSUED|publisher=Tuzilastvorz.org.rs|access-date=18 November 2015|url-status=dead|archive-url=https://web.archive.org/web/20140308072445/http://www.tuzilastvorz.org.rs/html_trz/VESTI_SAOPSTENJA_2014/VS_2014_01_29_ENG.pdf|archive-date=8 March 2014}}</ref> | |||
Swiss border police arrested him on 10 June 2015 on the French-Swiss border based on a warrant from Serbia.<ref>{{cite news|title=Naser Orić uhapšen u Švajcarskoj|newspaper=Novosti|date=10 June 2015|url=http://www.novosti.rs/vesti/naslovna/dosije/aktuelno.292.html:552378-Naser-Oric-uhapsen-u-Svajcarskoj}}</ref> | |||
Orić also stated that he had many encounters with Serbs who were involved in the siege and massacre in Srebrenica. According to Orić, ] frankly discussed how Radovan Karadžić and others planned and carried out military activity and atrocities in Srebrenica. Orić also had encounters with Slobodan Milošević who once jokingly told Orić that he would be grateful if Orić would write him a report about the war time situation in Srebrenica to which Orić responded by saying that he believed that Milošević already had all that information, prompting Milošević to say, "Yes but I would like to get your perspective on it." Orić did not sign the book of condolence after Milošević died. According to Orić ] and ] were the biggest jokers and ] would refer to him as hero. | |||
Reactions came from the ]-dominated government of Bosnia and Herzegovina, and organisations which support his innocence. The Bosnian government saw this as an attack by Serbia to cause tensions a month before the 20th anniversary of the ].<ref>{{cite web|title=Orić arrested in Switzerland|url=http://www.klix.ba/vijesti/bih/u-svicarskoj-uhapsen-naser-oric/150610109|publisher=Klix.ba|access-date=24 June 2015}}</ref><ref>{{cite web|title=Srebrenica locals warn on the consequences of Orić's arrest by Serbian authorities|url=http://radiosarajevo.ba/novost/192677/srebrenicani-o-slucaju-orica-ako-komandant-bude-izrucen-srbiji-svasta-ce-se-desiti|publisher=Radiosarajevo.ba|access-date=24 June 2015|url-status=dead|archive-url=https://web.archive.org/web/20150625070049/http://radiosarajevo.ba/novost/192677/srebrenicani-o-slucaju-orica-ako-komandant-bude-izrucen-srbiji-svasta-ce-se-desiti|archive-date=25 June 2015}}</ref><ref>{{cite web|title=Orić most likely to be sent to Bosnian authorities|url=http://www.klix.ba/vijesti/bih/svicarski-ured-za-pravdu-za-klix-ba-bih-ce-najvjerovatnije-imati-prednost-za-izrucenje-orica/150624068|publisher=Klix.ba|access-date=24 June 2015}}</ref> | |||
In 2015, the mayor of the Srebrenica municipality, Ćamil Duraković, ordered, with the agreement of local authorities, a delay of the marking of the 20th anniversary of the genocide, if Orić were transferred to Serbian authorities.<ref>{{cite web|title=The 20th anniversary of the Srebrenica Genocide will be delayed|url=http://www.klix.ba/vijesti/bih/camil-durakovic-hapsenjem-orica-situacija-je-eskalirala-i-to-je-razlog-za-odgadjanje-dzenaze/150623083|publisher=Klix.ba|access-date=24 June 2015}}</ref> | |||
As of 2007, Naser Oric is on the Black List of the United States of America, whose entrance and property to the US is banned. | |||
The warrant by the Serbian prosecution alleges that Orić and Bosnian Army soldier Sabahudin Muhić killed three Bosnian Serb prisoners of war in the villages of Zalazje, Lolici and Kunjerac in 1992, three years before the infamous 1995 attack on Srebrenica. He was, however, extradited to Bosnia and Herzegovina, not Serbia.<ref>, balkaninsight.com, 27 August 2015; accessed 25 December 2015.</ref> In 2018 the State Court of Sarajevo acquitted him.<ref>{{cite news |last1=Muslimovic |first1=Admir |title=Bosnia Acquits Srebrenica Commander Naser Oric at Retrial |url=https://balkaninsight.com/2018/11/30/srebrenica-commander-naser-oric-war-crimes-retrial-verdict-11-30-2018/ |work=Balkan Insight |date=30 November 2018}}</ref> | |||
==References== | |||
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==References== | ||
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==External links== | ==External links== | ||
* on Naser |
* on Naser Orić | ||
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* | * , Hague Justice Portal | ||
* John Pomfret, , washingtonpost.com, February 1994 | |||
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* {{cite book|url=https://books.google.com/books?as_isbn=5941910037|script-title=ru:История югославского кризиса: 1990–2000|trans-title=The history of the Yugoslav crisis: 1990–2000|first=Elena|last=Guskova|publisher=Russkoe Pravo (publ.)|isbn= 5941910037|year=2001|language=ru}} | |||
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Latest revision as of 17:31, 14 December 2024
Bosnian military commanderNaser Orić | |
---|---|
Orić at the ICTY in 2008 | |
Born | (1967-03-03) 3 March 1967 (age 57) Donji Potočari, SR Bosnia and Herzegovina, SFR Yugoslavia |
Military career | |
Allegiance | Yugoslavia Bosnia and Herzegovina |
Years of service | 1992–95 |
Rank | Brigadier |
Unit | 28th Division (2nd Corps) |
Commands | Commander in Srebrenica |
Battles / wars | |
Naser Orić (born 3 March 1967) is a Bosnian former officer who commanded Army of the Republic of Bosnia and Herzegovina (ARBiH) forces in the Srebrenica enclave in eastern Bosnia surrounded by Bosnian Serb forces, during the Bosnian War.
In 2006, he was sentenced to two years imprisonment by the Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Netherlands for failing to prevent the deaths of five Bosnian Serb detainees and the mistreatment of eleven other detainees from late 1992 to early 1993 on the basis of superior criminal responsibility.
Orić was acquitted on other charges of wanton destruction and causing damage to civilian infrastructure beyond the realm of military necessity. On 3 July 2008, the Appeals Chamber of the ICTY reversed the Trial Chamber's conviction and acquitted Orić of all charges brought against him. In November 2018, he was formally acquitted by a Bosnian appeals court.
Early life
Naser Orić was born on 3 March 1967 in Donji Potočari, about 3 kilometres (1.9 mi) from the town of Srebrenica to Džemal and Hata. His grandfather had fought with the Ustaše, a ultranationalist movement, during World War II. Orić graduated from high school with a metalworking certificate.
Career
Orić was conscripted into the Yugoslav People's Army (JNA) in 1985/1986, where he served in a special unit for atomic and chemical defence. He left the JNA with the rank of corporal. In 1988, he completed a six-month training course in Zemun and served in Savski Venac in Belgrade as a trainee policeman. As a member of the police unit for special actions, he had courses for two more years. He was occasionally deployed to Kosovo and worked as a bodyguard for Slobodan Milošević when required. He guarded Milošević during the celebration of the 600th anniversary of the Battle of Kosovo at Gazimestan in Kosovo Polje in June 1989, when the Serbian president delivered a speech in front of hundreds of thousands of Serbs. Orić says he did not speak to Milošević when he guarded him, but says he did meet and talk with him years later when the two were both on trial at the Hague, remarking that Milošević acted "like a gentleman" and even gave him gifts.
In 1990, Orić was deployed to Kosovo as a member of a Special Police unit of the Ministry of the Interior of the Socialist Republic of Serbia. Thereafter, he returned to Belgrade. He worked in quelling the civil unrest during the March 1991 mass anti-war protests, arresting Vuk Drašković. During that time he also worked as a bouncer at the famous Belgrade nightclub Metro (formerly Zvezda) in Knez Mihailova Street. In August 1991, Orić was transferred to a police station in Ilidža, outside Sarajevo. He was moved to the police station in Srebrenica in late 1991. In April 1992 he became the police chief of the Potočari police sub-station.
Territorial Defence (April 1992–September 1992)
With the disintegration of the Socialist Federal Republic of Yugoslavia, a cadre staff consisting of former JNA officers began to prepare for the defence of Bosnia and Herzegovina. On 8 April 1992, the Presidency of Bosnia and Herzegovina transformed the existing Territorial Defence of Socialist Republic of Bosnia and Herzegovina into the Territorial Defence of Bosnia and Herzegovina.
In mid-April 1992, the Potočari TO was established, and Orić became its Commander. In May 1992, members of the Crisis Staff of the TO Srebrenica appointed him as the Commander, which Sefer Halilović, Chief of the Supreme Command Staff of the Army of the Republic of Bosnia and Herzegovina (ARBiH), officially confirmed in June. Orić also became a member of the War Presidency in Srebrenica upon its creation on 1 July.
Army of Bosnia and Herzegovina (September 1992–1995)
In September, 1992, the Srebrenica TO HQ was renamed the HQ Srebrenica Armed Forces. Orić remained the commander. Orić's command was further extended when he was appointed the Commander of the Joint Armed Forces of the Sub-Region Srebrenica in early November 1992. Now his command encompassed the geographical regions of several municipalities: Srebrenica, Bratunac, Vlasenica and Zvornik in Eastern Bosnia. Orić received a Certificate of Merit in April 1993.
On New Year's Day 1994, all units under the command of Orić were named the 8th Operative Group Srebrenica HQ, 2nd (Tuzla) Corps of the ABiH. On 12 July 1994, Orić was promoted to the rank of Brigadier, and sometime before the first of March he was awarded the Order of the Golden Lily, the highest award given by the Chief of Staff of the Supreme Command of the ARBiH. In early 1995, the 8th Operative Group Srebrenica HQ was renamed the ABiH 2nd Corps 28th Mountain Division.
Orić in Srebrenica 1992–1995
Background
In 1990, the League of Communists of Yugoslavia that ruled the Socialist Federal Republic of Yugoslavia (SFRY) dissolved. Ethnically defined political parties emerged in Bosnia and Herzegovina (BiH), which was one of the six republics that once constituted SFRY, and fought over BiH's future. In November 1991, a Bosnian Serb plebiscite reflected support for BiH to remain within the SFRY. However, an overwhelming majority of Bosnian Muslims and Bosnian Croats voted for BiH independence, in the next few months.
Beginning of the war in Srebrenica
Srebrenica, and the surrounding Central Podrinje region, held immense strategic importance to both the Serbs and the Bosniaks during the ensuing Bosnian war.
Srebrenica was a focal point in the Serb strategy and was gradually isolated by the Serb forces in 1992. By April 1992, the Yugoslav People's Army (JNA) had set up artillery at all strategic points surrounding Srebrenica. In 1992, Bosniak villages around Srebrenica were under attacks by Serb forces. According to the Naser Orić trial judgement:
"Between April 1992 and March 1993, Srebrenica town and the villages in the area held by Bosnian Muslims were constantly subjected to Serb military assaults, including artillery attacks, sniper fire, as well as occasional bombing from aircraft. Each onslaught followed a similar pattern. Serb soldiers and paramilitaries surrounded a Bosnian Muslim village or hamlet, called upon the population to surrender their weapons, and then began shelling and shooting. In most cases, they then entered the village or hamlet, expelled or killed the Bosniak forces, who offered no significant resistance. Meanwhile, in a number of villages around Srebrenica the Bosniak population began to organize local resistance groups.
From April 1992 onward, Naser Orić personally led a group of 20-30 Bosnian Muslim fighters from his native Potočari, a village about four kilometres northeast of Srebrenica. Orić was chief of the Potočari police sub-station and his group was involved in holding the front line and resisting Serb attacks on Potočari.
On April 18, 1992, Srebrenica fell to the Bosnian Serbs. However, Naser Orić and a handful of lightly-armed fighters based in Potočari ambushed and killed a number of Serb paramilitaries. On 6 May, Bosniaks led by Naser Orić carried out their first attack on a village, Gniona, to the north of the town of Srebrenica in which some Serb civilian were massacred. On May 8, 1992, a leader of the Serb forces at Srebrenica, Goran Zekić was killed in an ambush. At around the same time, the Serb forces retreated from Srebrenica and Naser Orić, together with other Bosnian Muslim fighters and civilians reoccupied Srebrenica.
The Prosecution at the ICTY alleged that between September 24, 1992 and March 20, 1993, the military police, under Orić's command and control, subjected several Serb individuals to physical abuse, serious suffering and injury to body and health, inhumane treatment, and in some cases, murder. However, Orić was acquitted of these charges by the ICTY Appeals Chamber, who found that there is insufficient evidence to hold Orić responsible for the crimes with which he was charged.
Almost none of the Serbs, who lived in Srebrenica before the war, stayed in the town. Bosnian Serb forces committed a massacre in the village of Glogova on 9 May and in Bratunac on 10 May through 13 May. Serb forces surrounded Srebrenica and started to bomb the town.
General Philippe Morillon of France, Commander of the United Nations Protection Force (UNPROFOR), visited Srebrenica in March 1993. By then the town was overcrowded and siege conditions prevailed. There was almost no running water as the advancing Serb forces had destroyed the town’s water supplies; people relied on makeshift generators for electricity, and food, medicine and other essentials were extremely scarce. Before leaving, General Morillon told the panicked residents of Srebrenica at a public gathering that the town was under the protection of the UN and that he would never abandon them.
The attacks
The attacks under Orić's command mentioned in the ICTY indictment, by Deputy Prosecutor David Tolbert, are listed below:
- 15–20 May, the villages of Viogor, Orahovica and Osredak were attacked. The main objective of these attacks was to link up various Bosniak resistance centers around Srebrenica.
- 21-27 June, the villages of Ratkovici, Bradjevina, Ducici, and Gornji Ratkovici were attacked by Orić's forces. The objective of the attack was reportedly to prevent further shelling of Srebrenica enclave.
- 8 August, the villages of Jezestica and Bozici were attacked by forces under the command of Naser Orić after repelling an attack of Serb paramilitary known as Panteri.
- 24 September, the village of Podravanje, which was on the road between Srebrenica and Žepa, was attacked. 19 Serbs were reportedly killed.
- 26 September, Orić's forces attacked the villages of Nedeljista and Rogosija near Milici after repelling an attack by Serbs.
- 5 October, Orić attacked Fakovici and other villages along the river Drina. According to a Dutch government report (NIOD report), Orić's forces killed at least 24 Serb soldiers and burned down 36 buildings. Serbs at the other (i.e. Serbian) side of the Drina were involved in skirmishes as well. The report states that Serbs were using small boats as platforms for machineguns.
- 6 November, Bosniak forces, led by Orić, attacked and captured the village of Kamenica (Bosnia and Herzegovina).
- 14-19 December, Bosnian Army and irregulars under the command of Orić attacked the villages of Bjelovac, Voljavica, Loznica, and Sikirić after an attack by the Serb Army.
- 7 January 1993 (Orthodox Christmas Day), Bosniak forces under Orić captured the Serb villages of Kravica, Siljkovici and Jezestica. An estimated 25 VRS troops and eleven civilians were killed in the attack. The attack was reportedly in response to shelling by Serb forces.
- 16 January 1993, Orić attacked the village of Skelani, on the border with Serbia, killing at least 40 Serbs.
UN Safe Area
On 10 January 1993 the Bosnian Serb military commander Ratko Mladić launched a full-scale offensive against Srebrenica. On 17 April 1993, the city was made a safe haven by the United Nations, while fighting between Serb forces and Orić's units in Srebrenica continued with the Serbs retaking much of the territory lost during 1992.
In July 1995, the partially disarmed "UN safe area" was ultimately overrun by the Bosnian Serb Army, resulting in the Srebrenica massacre. Orić, along with rest of the command staff of 8th OG, was evacuated by helicopter in May 1995 two months prior to the fall of the enclave.
ICTY war crimes trial
After the Dayton Peace Accords, Orić opened a fitness club in Tuzla. In a post-war TV interview, he stated "It's a fact that I was one of the main commanders in Srebrenica and, if I have to answer to someone, I'll answer; but I'd first have to bring up the time, space and situation in which we lived, as well as what the Serbs did to us compared to what we did to them. If Naser has to answer to someone, I'm right here and I'm not running away from responsibility, I'm not running away from the court, I'm not running away from the Hague or anyone. You just have to call on me and no problem."
An indictment at the ICTY against Orić was submitted on 17 March 2003 and confirmed on 28 March. He was indicted on two counts of individual responsibility and four counts of command responsibility for violations of the laws or customs of war, and was arrested at his club by SFOR on 10 April 2003 and transferred to the Hague the next day. Orić appeared before the court on 15 April and pleaded "not guilty" to all the counts of the indictment. He was denied a provisional release on 25 July 2003 and was held at the ICTY from 11 April 2003 until 30 June 2006.
The indictment
Orić was accused of torture and cruel treatment of eleven and killing of seven Serb men being detained in the Srebrenica police station in 1992/1993, and to punish the perpetrators thereof. He was also accused of having ordered (and led) numerous guerrilla raids into as many as 50 Serb-populated villages in 1992–1993, particularly in the municipalities of Bratunac and Srebrenica. Bosnian Serb buildings, dwellings, and other property in predominantly Serb villages, were burnt and destroyed, hundreds of Serbs were murdered, and thousands of ethnic Serbs fled the area.
The trial
The trial began on 6 October 2004 and the prosecution completed its case on 31 May 2005. A week later the tribunal dropped two of the counts against him, withdrew all allegation of plundering public and private property; the tribunal also dropped two villages from the list of alleged raids.
The defense case commenced on 4 July 2005 and ended on 10 April 2006. The prosecution asked for an eighteen-year prison term, while the defense asked for an acquittal. In all there were 196 trial days, 83 witnesses testifying (52 called by prosecution, 30 by defense and 1 by the trial chamber) and 1,649 exhibits presented as evidence. The decision in the case was delivered on 30 June 2006.
The verdict
The ICTY convicted Orić for failing to prevent the murder and inhumane treatment of Serb prisoners. Orić, sentenced to two years in prison, was released immediately for time already served. He was acquitted of direct involvement in the murder or cruel treatment of Serbs, and of responsibility for the "wanton destruction" of homes and property.
The judges noted that militarily superior Serb forces encircled the town and that there was an unmanageable influx of refugees there, as well as a critical shortage of food and the breakdown of law and order. The judges also noted that it was in those circumstances, Orić, then 25, was elected commander of a poorly-trained volunteer force that lacked effective links with government forces in Sarajevo. His authority was scorned by some other Bosnian leaders and his situation became worse as the Serb forces increased the momentum of their siege.
The judges stated in the verdict that Orić had reason to know about murder and cruel treatment of Serbs on two specific occasions in the police station but acquitted him of all other crimes. Orić was acquitted of direct involvement in the murder of prisoners in the early years of the Bosnian War, but the court found he had closed his eyes to their mistreatment and failed to punish their killers. The three judges acquitted him of all charges related to the wanton destruction of Serb villages. The judges also took into account the lack of food and supplies and resulting lack of order and law during the Serbian siege on Srebrenica.
As for the destruction in the villages of Kravica, Bjelovac, Fakovići and Sikirić, the judgment stated that "the accused and members of his group of fighters participated in the attack." In the case of the village of Šiljkovići, the court stated that "there is evidence to establish that property was destroyed on a large scale."
The appeal
On 31 July 2006, UN chief prosecutor Carla del Ponte announced she would appeal against the two-year sentence, saying it was too short. Orić's lawyer said she would also launch an appeal, saying her client did not commit any crime and should be acquitted.
After 2006 release from imprisonment
As Orić had already spent more than two years in detention, following his trial he was released. He arrived at Sarajevo International Airport on 1 July 2006. On 4 July, he gave an interview to the Sarajevo daily Dnevni Avaz in which he stated among other things that the atmosphere in the ICTY detention unit was jovial and that there was no hostility between the inmates who were former war time adversaries. Orić said he passed the time by working out and learning English. He added that he believed that the behavior of an indictee in the detention unit and in the courtroom would reflect the severity of the prison term one would receive.
Naser Orić was arrested on 3 October 2008 by Bosnian police. He was charged in November 2008 with extorting 240,000 Bosnian Marks ($157,000) and illegal possession of weapons and ammunition. In July 2009 he was found guilty of illegal possession of weapons and ammunition but acquitted of extortion, and sentenced to two years in prison by a Sarajevo court. The sentence was subsequently reduced to four years probation and he was pardoned by the Bosnian Federation Presidency in 2012.
2015 imprisonment in Switzerland and extradition on new charges
On 2 February 2014, Interpol National Central Bureau for Serbia issued an arrest warrant for Naser Orić at the request of the Serbian Justice Ministry on suspicion of war crimes against civilian populations in the villages around the Srebrenica municipality in July 1992.
Swiss border police arrested him on 10 June 2015 on the French-Swiss border based on a warrant from Serbia. Reactions came from the Bosniak-dominated government of Bosnia and Herzegovina, and organisations which support his innocence. The Bosnian government saw this as an attack by Serbia to cause tensions a month before the 20th anniversary of the Srebrenica genocide.
In 2015, the mayor of the Srebrenica municipality, Ćamil Duraković, ordered, with the agreement of local authorities, a delay of the marking of the 20th anniversary of the genocide, if Orić were transferred to Serbian authorities.
The warrant by the Serbian prosecution alleges that Orić and Bosnian Army soldier Sabahudin Muhić killed three Bosnian Serb prisoners of war in the villages of Zalazje, Lolici and Kunjerac in 1992, three years before the infamous 1995 attack on Srebrenica. He was, however, extradited to Bosnia and Herzegovina, not Serbia. In 2018 the State Court of Sarajevo acquitted him.
References
- "Oric's Two Years". HRW.org. 11 July 2006.
- "Srebrenica Muslim chief cleared". bbc.co.uk. 3 July 2008. Retrieved 18 November 2015.
- "Bosnian Srebrenica commander acquitted of war crimes". ABC News. Retrieved 2018-11-30.
- ^ Bartrop, Paul (2012). A Biographical Encyclopedia of Contemporary Genocide. Santa Barbara, California: ABC-CLIO. p. 248. ISBN 978-0-313-38679-4.
- Central Intelligence Agency (2002). Balkan Battlegrounds: A Military History of the Yugoslav Conflict, 1990–1995. Washington, D.C.: Office of Russian and European Analysis. p. 342. ISBN 978-0-16-066472-4. OCLC 50396958.
- ^ Mann, Michael (2005). The Dark Side of Democracy: Explaining Ethnic Cleansing. Cambridge: Cambridge University Press. p. 417. ISBN 9780521538541. Retrieved 14 February 2014.
- ^ "Amended Indictment - Naser Oric" (PDF). ICTY.org. The International Criminal Tribunal for the former Yugoslavia.
- ^ Muslimovic, Admir (5 October 2017). "Naser Oric: Srebrenica Commander Inspires Love and Hate". Balkan Insight. BIRN.
- ^ "Naser Oric - Third Amended Indictment". ICTY.org. The International Criminal Tribunal for the former Yugoslavia.
- ^ "Naser Orić: second amended indictment". The International Criminal Tribunal for the former Yugoslavia. Archived from the original on 3 March 2009. Retrieved 23 July 2015.
- ^ "Prosecutor v. Naser Orić IT-03-68-T" (PDF). ICTY. 30 June 2006. pp. 31–32, 37–38, 60, 139. Retrieved December 18, 2020.
- "Prosecutor v. Radislav Krstic IT-98-33-T" (PDF). ICTY. 30 June 2006. p. 4. Retrieved December 18, 2020.
- "Prosecutor v. Naser Orić IT-03-68-A" (PDF). ICTY. 3 July 2008. p. 63. Retrieved December 20, 2020.
- "Dutchbat in the enclave". Netherlands Institute for War Documentation (NIOD). Archived from the original on 21 July 2006. Retrieved 23 July 2015.
- "Massacre memorial clouded by desire for bloody revenge". Archived from the original on 13 January 2008. Retrieved 18 November 2015.
- "Public Sitting - Verbatim Record" (PDF). ICJ-CIJ.org. International Court of Justice. 13 March 2006. p. 38.
- Kovačević, Slobodanka; Dajić, Putnik (1994). Chronology of the Yugoslav Crisis, 1942-1993. Vol. 1. Institute for European Studies. p. 141. ISBN 9788682057024.
- Archived at Ghostarchive and the Wayback Machine: "Naser Oric - Zlatni ljiljan i heroj". YouTube. 2010-01-06. Retrieved 2015-11-18.
- ^ "Case Information Sheet: (IT-03-68) NASER ORIĆ" (PDF). International Criminal Tribunal for the Former Yugoslavia.
- "International Criminal Tribunal for the former Yugoslavia". Un.org. Retrieved 18 November 2015.
- "Oral Decision Rendered Pursuant to Rule 98bis in the Oric Case". ICTY.org. 8 June 2005.
- "Srebrenica commander acquitted". Al Jazeera. 3 July 2008.
- ^ "ICTY – TPIY". un.org.
- "Bosnian Muslim guilty but freed". BBC News. 30 June 2006. Retrieved 19 May 2010.
- "ICTY – TPIY". un.org. Retrieved 18 November 2015.
- JURIST – Paper Chase: ICTY prosecutor appeals light sentence for Bosnian Muslim war criminal Archived 2006-08-24 at the Wayback Machine, law.pitt.edu; accessed 18 November 2015.
- "Bosnian Muslim sentence contested". BBC News. 30 July 2006. Retrieved 19 May 2010.
- Hague prosecutors appeal Orić's sentence, setimes.com, 31 July 2006.
- SENSE Tribunal: ICTY Archived 2007-10-06 at the Wayback Machine, sense-agency.com; accessed 18 November 2015.
- "OHR BiH Media Round-up, 2/7/2006". Office of the High Representative. 2 July 2006.
- "Bosnia wartime commander charged with extortion". Reuters. 14 November 2008.
- "Naser Oric Sentenced". occrp.org. Organized Crime and Corruption Reporting Project. 1 July 2009.
- "Bosnian Federation president pardons Orić". B92. 13 January 2012.
- "INVESTIGATION AGAINST ORIĆ AND OTHERS PURSUED" (PDF). Tuzilastvorz.org.rs. Archived from the original (PDF) on 8 March 2014. Retrieved 18 November 2015.
- "Naser Orić uhapšen u Švajcarskoj". Novosti. 10 June 2015.
- "Orić arrested in Switzerland". Klix.ba. Retrieved 24 June 2015.
- "Srebrenica locals warn on the consequences of Orić's arrest by Serbian authorities". Radiosarajevo.ba. Archived from the original on 25 June 2015. Retrieved 24 June 2015.
- "Orić most likely to be sent to Bosnian authorities". Klix.ba. Retrieved 24 June 2015.
- "The 20th anniversary of the Srebrenica Genocide will be delayed". Klix.ba. Retrieved 24 June 2015.
- "Srebrenica Commander Naser Oric Charged With War Crimes: Former Bosnian Army general Naser Oric, who led Bosniak forces in battles against Serb troops in Srebrenica, was charged with war crimes against Serb prisoners in the area in 1992", balkaninsight.com, 27 August 2015; accessed 25 December 2015.
- Muslimovic, Admir (30 November 2018). "Bosnia Acquits Srebrenica Commander Naser Oric at Retrial". Balkan Insight.
External links
- ICTY Case Information Sheet on Naser Orić
- ICTY latest Indictment: Third Amended Indictment, 30 June 2005
- ICTY Indictment against Naser Orić
- Naser Orić profile, Hague Justice Portal
- John Pomfret, Orić profile, washingtonpost.com, February 1994
- "Thousands Welcome Srebrenica Commander", washingtonpost.com
- Suspects who went to war over diversity pass jail days in harmony
- Guskova, Elena (2001). История югославского кризиса: 1990–2000 [The history of the Yugoslav crisis: 1990–2000] (in Russian). Russkoe Pravo (publ.). ISBN 5941910037.
- 1967 births
- Living people
- People from Srebrenica
- Bosnia and Herzegovina police officers
- Bosnia and Herzegovina soldiers
- People acquitted by the International Criminal Tribunal for the former Yugoslavia
- Security guards
- Yugoslav People's Army personnel
- Bosniaks of Bosnia and Herzegovina
- Bosnia and Herzegovina Muslims