“PILICA FARM”, (IT-96-22) DRAŽEN ERDEMOVIĆ - Legislationline

DRAGOLJUB KUNARAC 

NOT AN OFFICIAL DOCUMENT 

C A S E I N F O R M A T I O N S H E E T 

“FOČA” (IT-96-23 and 23/1) 

Crimes convicted of (examples): 

KUNARAC, KOVAČ 

& VUKOVIĆ 

1 

Convicted of torture, rape and enslavement 

During the relevant period, leader of a reconnaissance unit of the Bosnian Serb Army 

(VRS) which formed part of the local Foča Tactical Group 

- Sentenced to 28 years’ imprisonment 

Torture and rape (crimes against humanity and violations of the laws or customs of war) 

• Dragoljub Kunarac raped three victims at his headquarters at Osmana Đikića Street no. 16 in Foča. 

• He aided and abetted the gang-rape of four victims by several of his soldiers. 

• He forced a victim to have sexual intercourse with him despite knowing that she did not consent. 

• He threatened to kill a witness and her son while trying to obtain information or a confession, along 

with two other soldiers in mid-July 1992. 

Enslavement (crimes against humanity) 

• Dragoljub Kunarac personally committed the act of enslavement by depriving two women of any control 

over their lives and treating them as property. 

RADOMIR KOVAČ Convicted of enslavement, rape and outrages upon personal dignity 


Enslavement (crimes against humanity) 

One of the sub-commanders of the military police of the Bosnian Serb Army (VRS) 

and a paramilitary leader in the town of Foča 


• Radomir Kovač detained two victims in his apartment for a period of about four months. 

• Imprisoning the girls and exercising his de facto power of ownership, Kovač intended to treat the four 

victims as his property. 

Rape (crimes against humanity and violations of the laws or customs of war) 

• He raped two victims along with other soldiers. 

• He raped two victims along with other soldiers during the period that they were kept in his apartment. 

• He had sexual intercourse with three victims despite knowing that they did not consent.

CASE INFORMATION SHEET “FOČA” (IT-96-23 and 23/1) KUNARAC, KOVAČ & VUKOVIĆ 

• He assisted other soldiers to rape three victims. 

Outrages upon personal dignity (violation of the laws or customs of war) 

• Radomir Kovač constantly humiliated and degraded four victims. 

• He forced three victims to dance naked on a table while he watched them. 

• He sold a victim to a man called “Dragec” for 200 German Marks and handed over another 

victim to his soldiers. 

• He sold two victims for 500 German Marks, each, to some Montenegrin soldiers. 

ZORAN VUKOVIĆ Convicted of torture, rape and enslavement 


One of the sub-commanders of the military police of the Bosnian Serb Army (VRS) 

and a member of the paramilitary in the town of Foča 


Torture and rape (crimes against humanity and violations of the laws or customs of war) 

• Zoran Vuković took, along with another soldier, a victim from the Partizan Sports Hall, Foča, to an 

apartment nearby and raped her despite knowing that she was only 15 years old and had not consented 

to having sexual intercourse with him. 

DRAGOLJUB KUNARAC 

Born 15 May 1960 in Foča, Bosnia and Herzegovina 

Indictment 26 June 1996; first amended: 19 August 1998; second amended: 3 

September 1999; third amended: 1 December 1999 

Surrendered 4 March 1998 

Transferred to ICTY 5 March 1998 

Initial and further 

appearances 

9, 10 and 13 March 1998: on 9 March 1998 pleaded guilty to count 41 and 

not guilty to all other counts, on 13 March 1998 withdrew his guilty plea; 

28 August 1998, pleaded not guilty to all charges 

Judgement 22 February 2001, sentenced to 28 years' imprisonment 

Appeals Chamber judgement 12 June 2002, sentence of 28 years' imprisonment affirmed 

Serving sentence 12 December 2002, transferred to Germany to serve the remainder of his 

sentence; credit was given for time served since 4 March 1998 

RADOMIR KOVAČ 

Born 31 March 1961 in Foča, Bosnia and Herzegovina 

Indictment 26 June 1996; second amended: 3 September 1999; third amended: 1 

December 1999 

Arrested 2 August 1999, by the multinational Stabilisation Force (SFOR) 

Transferred to ICTY 2 August 1999 

Initial and further appearances 4 August 1999, 24 September 1999, pleaded not guilty to all charges 



Serving sentence 28 November 2002, transferred to Norway to serve the remainder of 

his sentence; credit was given for time served since 2 August 1999 

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ZORAN VUKOVIĆ 

Born 6 September 1955 in Brusna, Foča, Bosnia and Herzegovina 

Indictment 26 June 1996; redacted: 16 February 2000 

Arrested 23 December 1999, by SFOR 

Transferred to ICTY 24 December 1999 

Initial appearance 29 December 1999, pleaded not guilty on all counts 



Serving sentence 28 November 2002, transferred to Norway to serve the remainder of his 

sentence; credit was given for time served since 23 December 1999 

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STATISTICS 

Trial days 58 

Witnesses called by Prosecution 33 

Witnesses called by Defence 29 

Prosecution exhibits 132 

Defence exhibits 130 

TRIAL 

Commenced 20 March 2000 

Closing arguments 20 – 22 November 2000 

Trial Chamber II Judge Florence Mumba (presiding), Judge David Hunt, Judge Fausto 

Pocar 

Counsel for the Prosecution Dirk Ryneveld, Hildegard Uertz-Retzlaff, Peggy Kuo, Daryl Mundis 

Counsel for the Defence For Dragoljub Kunarac: Slaviša Prodanović and Mara Pilipović 

For Radomir Kovač: Momir Kolesar and Vladimir Rajić 

For Zoran Vuković: Goran Jovanović and Jelena Lopičić 

APPEALS 

Appeals Chamber Judge Claude Jorda (presiding), Judge Mohamed Shahabuddeen, Judge 

Wolfgang Schomburg, Judge Mehmet Güney, Judge Theodor Meron 

Counsel for the Prosecution Anthony Carmona, Norul Rashid, Susan Lamb, Helen Brady 

Counsel for the Defence For Dragoljub Kunarac: Slaviša Prodanović and Dejan Savatić 

For Radomir Kovač: Momir Kolesar and Vladimir Rajić 

For Zoran Vuković: Goran Jovanović and Jelena Lopičić 

Judgement 12 June 2002 

RELATED CASES 

by geographical area 

JANKOVIĆ et al. (IT-96-23/2) “FOČA” 

KARADŽIĆ & MLADIĆ (IT-95-5/18) “BOSNIA AND HERZEGOVINA” & “SREBRENICA” 

KRAJISNIK (IT-00-39 & 40) “BOSNIA AND HERZEGOVINA” 

KRNOJELAC (IT-97-25) “FOČA” 

MILOŠEVIĆ (IT-02-54) “KOSOVO, CROATIA & BOSNIA” 

PLAVŠIĆ (IT-00-39 AND 40/1) “BOSNIA AND HERZEGOVINA” 

TODOVIĆ & RAŠEVIĆ (IT-97-25/1) “FOČA” 

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INDICTMENT AND CHARGES 

Dragoljub Kunarac, Radomir Kovač and Zoran Vuković were originally named in an indictment confirmed 

on 26 June 1996 with five other co-accused (Dragan Gagović, Dragan Zelenović, Gojko Janković, Janko 

Janjić and Radovan Stanković). 

Following the death of Dragan Gagović on 30 July 1999, the indictment was withdrawn against him. An 

amended indictment was confirmed against Gojko Janković, Dragan Zelenović, Janko Janjić, Zoran 

Vuković and Radovan Stanković on 7 October 1999. Gojko Janković was transferred to the ICTY on 14 

March 2005 and Janko Janjić is deceased. Radovan Stanković was arrested on 9 July 2002 and transferred 

to the Tribunal the next day. On 3 March 2003, the Prosecution filed a separate indictment against 

Radovan Stanković. Dragan Zelenović was transferred to the ICTY on 10 June 2006. 

Following the detention of Zoran Vuković on 23 December 1999, a redacted indictment was confirmed on 

16 February 2000 (IT-96-23/1). Kunarac, Kovač and Vuković stood trial jointly under the combined case 

number IT-96-23 and IT-96-23/1. 

Dragoljub Kunarac was charged on the basis of individual criminal responsibility (Article 7(1) of the 

Statute of the Tribunal) and superior criminal responsibility (Article 7(3)), with: 

• Torture, rape and enslavement (crimes against humanity, Article 5), 

• Torture, rape and outrages upon personal dignity (violations of the laws or customs of war, Article 3). 

Radomir Kovač was charged on the basis of individual criminal responsibility with: 

• Rape and outrages upon personal dignity (violations of the laws or customs of war, Article 3), 

• Enslavement and rape (crimes against humanity, Article 5). 

Zoran Vuković was charged on the basis of individual criminal responsibility with: 

• Torture and rape (violations of the laws or customs of war, Article 3 and crimes against humanity, 

Article 5). 

THE TRIAL 

The trial of Kunarac, Kovač and Vuković commenced on 20 March 2000 before Trial Chamber II (Judge 

Mumba (presiding), Judge Hunt and Judge Pocar). The closing arguments took place on 20 November 2000 

for the Prosecution, and on 21 and 22 November 2000 for the Defence. 

RULE 98 bis PROCEEDINGS 

After the Prosecution concludes the presentation of its evidence, the Defence can ask for the dismissal of 

the case, if it believes that the presented evidence was insufficient to prove the charges. If the Trial 

Chamber believes that the Prosecution has not presented sufficient evidence, it can dismiss the case or 

certain charges and enter a judgement of acquittal before the beginning of the presentation of defence 

evidence. 

In accordance with Rule 98 bis, on 20 June 2000, Kunarac, Kovač and Vuković filed a joint motion for a 

judgement of acquittal on certain counts charged in the indictments against them. On 3 July 2000, the 

Trial Chamber entered a decision of acquittal in favour of Kunarac on count 13 of the third amended 

indictment, confirmed on 1 December 1999, and held that Vuković had no case to answer in relation to 

the allegations made by Witness FWS-48 in support of counts 33, 34, 35 and 36 of the redacted 

indictment, filed on 21 February 2000. (Vuković still faced charges with regard to the two other victims 

under these counts). All remaining counts stood. 

TRIAL CHAMBER JUDGEMENT 

The three accused participated in a campaign by Bosnian Serb forces in the wider area of the municipality 

of Foča, south eastern Bosnia, from early 1992 up to about mid 1993. The campaign was part of an armed 

conflict between the Serb and Muslim forces in the wider region of Foča, which existed at all times 

material to the indictments against the accused. 

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One purpose of the campaign was, among others, to cleanse the Foča area of Muslims; to that end the 

campaign was successful. Even the town’s name was cleansed. 

One target of that campaign, apart from the Muslim armed forces, were Muslim civilians, and in this case, 

particularly Muslim women. 

The method employed was mostly expulsion through terror. On a general level, the terror expressed itself 

in the violent destruction of the religious symbols of the Muslims. All mosques in Foča were blown up and 

the ruins razed to the ground. 

Civilian Muslim men and women were rounded up in the villages surrounding Foča and even as far as the 

neighbouring municipalities of Kalinovik and Gacko. The men were separated from the women and 

children. 

The men often had to suffer long periods of detention in the Foča KP Dom prison. Detention was without 

justification. Some were severely mistreated when they were captured. Some were killed on the spot, 

often in the presence or within earshot of their families. 

The women and children from the Foča region were taken to collection points, such as Buk Bijela, a 

settlement south of Foča. From there, they were transferred by bus to Foča High School, where they were 

detained. Some of them were later taken to other places in and around Foča, such as Partizan Sports Hall 

and to private houses in Miljevina and Trnovača. There they met women and girls from the other two 

municipalities. 

What the evidence showed was that the rapes were used by members of the Bosnian Serb armed forces as 

an instrument of terror. An instrument they were given free rein to apply whenever and against 

whomsoever they wished. 

What the evidence showed was that it was possible for the Serb forces to set up and maintain a detention 

centre for scores of Muslim women such as Partizan Sports Hall, next to the municipal police building in 

Foča, from which women and young girls were taken away on a regular basis to other locations to be 

raped. 

What the evidence demonstrated was that the authorities who were meant to protect the victims, such as 

the local police which had been taken over by the Serbs, turned a blind eye to their suffering. Instead, 

they helped guard the women, and even joined in their maltreatment when approached by them for help 

against their oppressors. What the evidence showed was Muslim women and girls, mothers and daughters 

together, robbed of the last vestiges of human dignity; women and girls treated like chattels, pieces of 

property at the arbitrary disposal of the Serb occupation forces, and more specifically, at the beck and 

call of the three accused. 

On 22 February 2001, the Trial Chamber rendered its judgement, convicting the accused as follows: 

Dragoljub Kunarac, on the basis of individual criminal responsibility (Article 7(1) of the Statute of the 

Tribunal) with: 

• Torture, rape and enslavement (crimes against humanity, Article 5) 

• Torture and rape (violations of the laws or customs of war, Article 3) 

Sentence: 28 years’ imprisonment. 

Radomir Kovač, on the basis of individual criminal responsibility with: 

• Rape and outrages upon personal dignity (violations of the laws or customs of war, Article 3) 

• Enslavement and rape (crimes against humanity, Article 5) 


Zoran Vuković, on the basis of individual criminal responsibility with: 

• Torture and rape (violations of the laws or customs of war, Article 3 and crimes against humanity, 

Article 5) 

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APPEALS CHAMBER JUDGEMENT 

On 6 March 2001, Radomir Kovač and Zoran Vuković filed a notice of appeal against the Trial Chamber 

judgement and sentence. On 7 March 2001, Dragoljub Kunarac did so as well. 

The Appellants presented several grounds of appeal and alleged errors by the Trial Chamber with respect 

to various legal issues. The Appeals Chamber rendered its judgement on 12 June 2002 affirming the 

sentences handed down by Trial Chamber II on 22 February 2001. 

On 28 November 2002, Radomir Kovač and Zoran Vuković were transferred to Norway to serve their 

sentences. On 12 December 2002, Dragoljub Kunarac was transferred to Germany to serve his sentence. 

Document prepared by the Communications Service. All ICTY key documents are available on: www.un.org/icty 

International Criminal Tribunal for the former Yugoslavia. Churchillplein 1, 2517 JW The Hague, Netherlands. 

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“PILICA FARM”, (IT-96-22) DRAŽEN ERDEMOVIĆ - Legislationline

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