The Supreme Court in Belgrade has acquitted the former commander of the Drina Corps of the Army of Republika Srpska (VRS), Milenko Živanović, of charges of war crimes against the civilian population in Srebrenica in July 1995.
The court found him not guilty in the first instance in a verdict on Tuesday, acquitting him of the charge of ordering the forced displacement of the Bosniak population from the Srebrenica safe zone.
The prosecution has warned that it will appeal this decision.
In the reasoning of the verdict, the judge stated that Živanović, as commander, had given tasks to units of the Drina Corps, but according to her, none of these tasks were related to the expulsion of the Bosniak civilian population, but were related to combat actions against units of the opposing side.
The prosecution had requested a five-year prison sentence for Živanović – which is the minimum required by law.
Among other things, the indictment charged him with issuing an order in March 1995 stating that "with daily planned and deliberate military actions, conditions of total insecurity, impatience and hopelessness for the continuation of life for the inhabitants of Srebrenica and Žepa should be created."
The indictment also charged him with having, on 12 July 1995, ordered the provision of buses for the evacuation from the Srebrenica enclave, requesting approval from the VRS General Staff for the use of fuel for the 50 buses that would be deployed.
Forces of the Army of Republika Srpska, during the offensive against Srebrenica – an area protected by the United Nations – in July 1995 committed genocide by killing over 8,000 Bosniak men and boys.
Throughout the entire trial in Serbia, Milenko Živanović defended himself at large.
Indictment also in Bosnia and Herzegovina
The Serbian War Crimes Prosecution filed the indictment against Živanović in December 2021, just two weeks after he was also indicted by the Bosnia and Herzegovina Prosecution for crimes against humanity in the Srebrenica and Žepa areas.
According to the indictment in Bosnia, Živanović is accused of having blocked the Srebrenica safe zone from March to mid-July 1995, obstructed the supply of aid, and ordered artillery attacks on civilians and civilian objects in Srebrenica, with the aim of creating unbearable living conditions and forcing the population to abandon their homes.
He is also accused of mobilizing the means for the forcible expulsion of civilians from Srebrenica and transporting captured men and boys, who were forcibly separated to be imprisoned and then killed.
Although international and regional courts have characterized the Srebrenica massacre as genocide or a crime against humanity, the Serbian Prosecutor's Office charged Živanović only with war crimes against the civilian population, arguing that "it is difficult to prove the specific intent required for qualification as genocide."
The Serbian state continues to deny the genocide committed in Srebrenica in July 1995, while Živanović is one of many who have fled Bosnia and remain in Serbia.
Another trial related to Srebrenica is underway before the High Court in Belgrade.
This is about the trial related to the murder of 1,313 Bosniak civilians in Kravica, which began at the end of 2016 and, even after more than eight years, is still in the evidence administration phase.
The prosecution has filed an indictment against eight members of the RS Special Police Brigade for war crimes against the civilian population, even though courts in Bosnia and The Hague have issued rulings characterizing this crime as genocide or a crime against humanity.
All the accused are defending themselves at large./ REL (A2 Televizion)
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