S/1994/674 - 27 May 1994

Final Report of the Commission of Experts

INTRODUCTION BY THE SECRETARY GENERAL
1. MANDATE, STRUCTURE AND METHODS OF WORK
   1. Mandate
   2. Composition
   3. Internal working methods
   4. Funding of the work of the Commission
   5. Coordination and cooperation with other bodies and organizations
   6. Investigation methods employed by the Commission
      1. Collection and analysis of information
      2. Investigative missions
      3. Information gathering on behalf of the Commission by certain Governments
      4. Confidentiality of information
   7. Plan of work of the Commission
   8. Conclusion of the work of the Commission
   9. Acknowledgements
   10. Nature of the report

2. APPLICABLE LAW
   1. International/non-international character of the conflict
   2. Grave breaches of the Geneva Conventions of 1949 and Protocols I and II
   3. Customary international law of armed conflict
   4. Command responsibility
   5. Superior orders
   6. Reprisals
   7. Interference with humanitarian aid convoys
   8. Crimes against humanity
      1. Armed conflict
      2. Protected persons
      3. Acts constituting crimes against humanity
      4. Widespread and systematic nature of the acts
   9. Genocide
      1. The extent of destruction of a group
      2. The groups protected
      3. Intent
      4. Acts constituting the crime of genocide
      5. Punishable acts
      6. Culpability
      7. The Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
   10. Legal aspects of rape and other sexual assaults

3. GENERAL STUDIES
   1. The military structure of the warring factions and the strategies and tactics they employ
   2. ``Ethnic cleansing''

4. SUBSTANTIVE FINDINGS
   1. The study of Opstina Prijedor, a district in north-western Bosnia: alleged genocide and massive violations of the elementary dictates of humanity
      1. General description
      2. Serbs take power on 30 April 1992
      3. Immediate consequences of the Serbs taking power
      4. The major Serbian military operations in the district
      5. Concentration camps and deportation
      6. The strategy of destruction
      7. The general lack of protection for non-Serbs
      8. Responsibility
      9. Conclusions
   2. The battle and siege of Sarajevo
      1. Structure and location of forces in and around the city
      2. Location and nature of the artillery
      3. Frequency of shelling
      4. Systematic shelling of specific targets
      5. Patterns of random shelling
      6. Link between shelling activity and political events
   3. Sarajevo investigation
   4. Medak Pocket investigation
   5. Detention facilities
      1. Bosnian Government camps
      2. Bosnian-Croat, Croatian Defence Council, Croatian Government and Croatian Army camps
      3. ``Bosnian Serb Republic'' camps
   6. Rape and other forms of sexual assault
      1. Rape and sexual assault study: the Commission's database
      2. Pilot study on rape
      3. Rape and other forms of sexual assault: interviewing victims and witnesses
   7. Mass graves
   8. Investigation of grave sites at Ovcara near Vukovar (UNPA, Sector East, Croatia)
   9. Investigation of grave sites near Pakracka Poljana (UNPA, Sector West, Croatia)
   10. Destruction of cultural property
   11. Dubrovnik investigation
   12. Radiological investigation (UNPA, Sector West)

5. GENERAL CONCLUSIONS AND RECOMMENDATIONS

Credit for conversion of the Final Report to hypertext form: Jean-Luc Maillot, maillot@emse.fr.