At a New Year’s Eve party with senior leaders of the VRS, Commander Tolimir’s boss, General
Mladić, gave a speech that was recorded on camera. Here are several quotes from his speech:
LAW
Ladies, dear guests, colleagues, officers and generals. General Gvero
asked me to say a few words.
It was long ago, in 1992, a difficult year, when it was difficult to look at
this area even on a map. Fortunately, there are witnesses. One of them
is my wife, and several associates and comrades-in-arms….[B]ut I am
saddened that the most important among them, General Tolimir and his
wife are not with us tonight. As you know he is on assignment fighting
the Serbian people in Vienna, battling the dragons of the world.
The most important decisions were made by a group of five people.
This was the inner core of the Main Staff, which, in addition to myself,
included General Milovanovic as my right hand man, Generals Ðukic,
Gvero, and General Tolimir. This was the inner core.
From Bokganica, General Tolimir and Kucic fired on Ribioc.…
I also want to thank the rest of my assistants and associates, General
Dukic, General Gvero, General Tolimir.
Video’s Role
The importance of this speech as a source of evidence should be clear. Mladić clearly listed, by name,
the main decision makers and thanked them for their assistance. Tolimir was one member of his
staff whom he thanked personally. This helped prove that Tolimir was member of the inner core and
participated in the decision making. In finding Tolimir guilty, the three-judge panel clearly stated that
they relied, in part, on this videotaped speech to conclude that Tolimir was indeed a member of the
inner circle of the command, or the collegium, making “the most important decisions.”
Outcome
On December 2012, Commander Tolimir was found guilty of genocide, conspiracy to commit genocide,
extermination, murder, persecutions, and forcible transfer. He was sentenced to life in prison. Tolimir
died while in detention on February 8, 2016.
KEY POINT
SHOWN IN
THIS CLIP
To watch this twominute clip, go to
bit.ly/VaE_Tolimir.
The clip shows
General Mladić
speaking into a
microphone at
the New Year’s
Eve party. He is
addressing other
members of the
military and
invited guests. The
transcript of the
key parts of this
speech are to the
left.
This short clip does not show a crime in progress nor does it include any footage of
the defendant, Commander Tolimir. The clip has little to no news value, whereas a
clip showing Mladić and Tolimir participating in the execution of civilians would most
certainly be shown on international news platforms. A video clip of a suspected war
criminal giving a speech thanking his friends and colleagues isn’t something that
captures the world’s attention.
But, when we talk about bringing high-level commanders to justice — especially
those who sit many steps away from the actual commission of the crimes — lawyers
must prove many different elements, both to establish that the underlying crime was
committed, and that there’s enough of a connection between the commander and the
underlying crime that the commander should be held responsible for its occurrence.
While this mundane footage seems unremarkable to most people, it can be invaluable
in a courtroom. In this case, the innocuous footage of a New Year’s Eve speech helped to
prove that Tolimir actively participated in the military decision-making process. This, in
turn, helped put Tolimir behind bars.
37 VIDEO AS EVIDENCE: ANATOMY OF A CRIME V 1.0
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