MERCENARIES IN THE TERRITORY OF THE FORMER YUGOSLAVIA
53. The Special Rapporteur has examined the various allegations received about the presence of mercenaries in the territory of the former Yugoslavia since his tenth report, submitted to the General Assembly at its forty-seventh session (A/47/412, annex). As a result of these allegations, interviews with the representatives of the Republic of Croatia, the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina to the United Nations in New York and at Geneva, and an exchange of communications with those countries' authorities, the Special Rapporteur received official invitations from the Government of Croatia and the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to visit their countries and become more familiar with the allegations of the presence of mercenaries in those territories and their connection with the armed conflicts that have been and are taking place in the territory of the former Yugoslavia.
54. The Special Rapporteur accepted the invitations, which led to visits from 13 to 18 September 1994 to Croatia and from 19 to 23 September to the Federal Republic of Yugoslavia (Serbia and Montenegro). These visits are described and analysed below.
A. Visit to the Republic of Croatia
55. The visit to the Republic of Croatia was to serve a number of purposes. One was to verify another State's allegations about the presence of mercenaries in that country committed to fighting for the Croatian cause and, at the same time, the allegations made by the country's authorities about mercenaries in its territory who were taking part in the armed conflict, but acting against the territory, installations, towns and population of the Croatian State. Another purpose was to interview any alleged mercenaries who might be detained in prison, review court cases and observe first-hand the damage caused by the armed conflict afflicting Croatia, in which mercenaries are reported to be involved. In pursuit of these broad objectives, the Special Rapporteur met representatives of the Ministry of Defence, the Ministry of the Interior, the Ministry of Justice and the Ministry of Foreign Affairs, as well as Croatian political leaders, journalists and citizens. Finally, he made brief visits to destroyed villages above Dubrovnik and to destroyed, burnt-out and uninhabited villages in the Krajina area.
56. Among the civilian sources consulted by the Special Rapporteur were Croatian citizens directly affected by the war, people whose houses had been destroyed, whose relatives had been killed and who, in some cases, had been forced to flee and seek refuge in safe areas. Some of those interviewed said they had been members of the former Yugoslav People's army, which later joined the Croatian national cause; others had been members of the Croatian irregular forces (HOS) and participated in campaigns in Bosnia and Herzegovina. Yet others had volunteered in favour of their country of origin, Croatia, when the armed military conflict broke out in part of the territory of the new State after it had been recognized by the United Nations.
57. One civilian source consulted said that among the Croatian civilian population there was a strong feeling of national cohesion and hostility to the Serbs, whom they held responsible for attacking Croatia, its population and territory by occupying part of it illegally and through force. According to this source, HOS was created as a result of Serbian aggression and the fact that when it occurred, the Government of Croatia had not been militarily prepared to deal with it. HOS was estimated to number 15,000 volunteer troops, at that time, the vast majority of Croatian origin. This source agreed that there were volunteers from other countries, but descendants of Croatians, and a few volunteers who were not. The feeling towards the latter is that, although they did not turn out in large numbers, they behaved generously towards the Croatian cause; they did so not for money nor did they display the cruel behaviour typical of mercenaries.
58. The civilian sources consulted did not deny the existence of mercenaries. They said that they had learned of the presence of a few, but described them as adventurers who had left when they realized that there was no money to pay them. Nevertheless, they agreed that they had known that military instructors of Irish, British and other nationalities had been working with the volunteer forces. The instructors did receive money, but it was not known how much. According to these sources, the executive decree of September 1992 ordering foreign volunteers to leave the country or join the regular Croatian forces legally was not properly applied. Some of the volunteers did indeed withdraw, but others went to Bosnia and Herzegovina. The civilian sources consulted said that they had not known of the presence of mercenaries who had worked with the Croatian army; however, they had heard that at one point between 1991 and 1992 there had been instructors who were former members of the French Foreign Legion as well as three training camps near Zagreb, run by Irishmen. Those were unconfirmed rumours, according to the sources themselves. In any event, most of the civilian sources agreed that there had been a significant foreign volunteer component in Croatia, mostly of Croatian origin. These mercenaries were reportedly few in number and their presence had been temporary; their pay demands could not be satisfied and their conduct had caused problems. One witness indicated that four Germans and some Frenchmen had recently arrived in the country, although he could not say whether they were volunteers or simply mercenaries.
59. Journalist sources admitted having information about the presence of mercenaries, although they also confirmed that the number of mercenaries was not very large and that such reports had been wildly exaggerated. One of the journalists interviewed said that he had learned of six foreign military professionals, possibly British and not of Croatian descent; they were well paid, but not by Croatia. He also mentioned some 50 Spaniards near Osijek. Two were accredited as journalists. The same source said that there had also been a group of soldiers of fortune from Western Europe, recruited in London by a certain Dr. Stambuck. The group had consisted of 1,000 to 1,500 persons between 20 and 25 years of age. The source also mentioned some Australians, a certain Mr. Werner Ilic and a Netherlands national who was captured near Gospic in early 1994 and died in Knin. The journalists added that these persons, presumably mercenaries, had not been recruited and had not been working with the regular Croatian armed forces. If paid at all, they must have been paid outside Croatia and by third parties. All the civilian sources consulted agreed that there had been very few foreign mercenaries and only at the very beginning of the conflict, mainly during 1991. Another point on which there was agreement was that members of the armed forces of Serbia and foreign mercenaries from the Eastern European countries, in particular the Russian Federation, Ukraine and Romania, fought alongside the Serbs of Croatia who had risen up against the Croatian State.
60. One military affairs expert who preferred not to be identified by name said that the mercenaries who fought in Croatia had had very little impact from the military standpoint. The first ones had come in 1991, mainly from Western Europe. Most of them were anti-communists from Spain, Germany, the Netherlands and Italy. A second group had come from the United States. It was made up of descendants of Croatians with military experience. Some had come from Argentina. In 1991, 20 or 30 Italians had formed special folgore units, although they lacked military experience. Croatia had established an international brigade, which was badly paid. The Croatian Government had very quickly incorporated foreigners of Croatian origin into its armed forces, although very few of them had stayed. The witness said he had had an opportunity to talk to some of the Italians, who had only given him information of a general nature. They had been paid very low wages, in local currency and had been given rather rudimentary weapons of local origin. For the most part the Serbs were instructors and the Croats soldiers. He added that the magazine "Soldiers of Fortune", available on North American news-stands, had mentioned the presence of Russians in the Serbian army.
61. In going on to describe his talks with the Croatian authorities, the Special Rapporteur would like to mention the spirit of cooperation and open-mindedness they had shown with regard to his visit and the work of the mission, as well as the facilities they had provided, enabling him to fulfil his mission. The first working meeting was held at the Ministry of the Interior, with Mr. Milan Brezak, a Ministry of the Interior adviser. Replying to the questions raised by the Special Rapporteur he said that he was competent to deal with the subject only as far as the Ministry of the Interior was concerned and that it should be approached in the light of the Serbian aggression and the independence of Croatia up to the establishment of the regular Croatian army in 1992. He said that there was nothing in Croatian policy that could be qualified as mercenary. There were, however, "volunteers" who should not be included in that category, since most of them were descendants of Croatians and therefore covered by jus sanguinis. He said that there was a category of individuals who might be called friends of Croatia who had come to help out (volunteers), such as the men serving under the Irishman known as 'Cascarino' whose bravery and conduct during the war was to take on legendary status.
62. He remarked that the "Serbian Republic of Krajina" (RSK) was a rural zone whose inhabitants were of a low educational level. There were training camps in that zone. He added that the Serbian occupation of part of Croatian territory was illegal. The Croatian Government considered the Serbs of Krajina to be Croatian citizens despite the fact that they were rebel groups that did not recognize the Republic of Croatia. Some Croatian Serbs had attempted to obtain Croatian papers. He explained that the Krajina Serbs were organized militarily by foreign mercenaries, chiefly Russians, Romanians and Germans. He mentioned the name of Captain Dragan, who had trained many Serbs and held an Australian passport. When the situation in Croatia had calmed down, the war had begun in Bosnia and Herzegovina, and the mercenaries had moved to the new theatre of operations. With regard to the granting of Croatian nationality to foreign combatants, Mr. Brezak referred to article 12 of the Constitution of Croatia which exceptionally empowered the Government to grant Croatian nationality on the basis of Croatian interests. Although he did not know the exact number, he said that only a few had wished to remain, mostly because they were married or about to be married to Croatians. He promised to obtain the exact figure and send it to the Rapporteur. He added that the children of Croatians abroad had to comply with normal nationalization formalities through Croatian consulates.
63. The next interview was with Mr. Ivica Crnic, Minister of Justice, and his adviser, Mr. Josip Kardum. The Special Rapporteur's interest in holding the meeting centred on establishing the legal status of the foreigners who had gone to Croatia, determining whether they had participated in military operations and obtaining information on exchanges of prisoners through which it might have been possible to verify the presence of foreigners and decide whether they were mercenaries. In addition, he wished to learn whether any mercenaries had been detained or prosecuted and to obtain authorization to visit them and review the court proceedings; nothing was achieved in these two areas however. Although the Minister of Justice said that prisoners had been exchanged before being tried, the interview did yield some useful information, as follows: the Minister said that Croatian legislation did not contain provisions on mercenaries and that, although there had been foreigners in the Croatian army, their situation was now legal, since they were descendants of nationalized Croatians: they were therefore not mercenaries. He said he did not know of any individuals who had been tried as mercenaries, but would order an investigation. Exchanges of prisoners were not within the competence of the Ministry of Justice. The Rapporteur stated that prisoners were indeed within its competence and asked about foreigners. According to the Minister, international legislation, and in particular the Geneva Conventions, had been applied. Under Croatian legislation there was a Government committee on prisoners; there was also a presidential decree concerning the exchange of prisoners. Many foreigners came into the country with false Serbian papers, but they were known not to be Serbs since they did not speak the language. When the foreigners in question were Slavs, the language was learnt quite rapidly. The prisoners themselves had referred in their confessions to mercenaries in their midst.
64. The Minister of Justice stated that 6,500 Croatian prisoners had been released against 3,500 Serbian prisoners, and that there were mercenaries on the Serbian side, noting that the Serbs used mercenaries in Croatia in order to avoid using their own regular forces. The Special Rapporteur said that mercenaries could be identified when they were taken prisoner and that their names should be indicated on lists of prisoners or exchanged prisoners. The Minister said that his Ministry had not followed the question but that an investigation could be undertaken. He said that many prisoners were exchanged before being tried, but that there were lists of those who were exchanged immediately. He also mentioned testimony by Croatians in the so-called Serbian Republic of Krajina as a source of information on the presence of foreigners. According to their testimony, foreigners arrived in the occupied zone, were given a house and were forced to marry so that they could be settled somewhere in the territory. At the Special Rapporteur's request he said he would provide documentation.
65. The Special Rapporteur then had a meeting at the Ministry of Defence in which Mr. Marinko Kresic, Head of the Department of Personnel at the Ministry of Defence, Colonel Biro and other lower-ranking officials took part. Its purpose was to clarify the issue of volunteers in the Croatian army, reports of mercenaries in Croatia and reports by Croatia of attacks against it by mercenaries. Mr. Kresic said that the regular Croatian army was made up of professional units and units of national volunteers defending their homes as part of the territorial defence system. Strict requirements had to be satisfied by persons wishing to enter either unit, Croatian citizenship being the main one. When there had been no regular army, the Ministry of the Interior (MUP) had been responsible for defence. In time volunteers had arrived, mostly of Croatian origin, but in very small numbers; mercenaries had never been accepted into the armed forces, which only Croatians could join. Many Croats from the Yugoslav People's Army had gone into the Croatian Army (HV). Another official added that, when the defence of the country had begun, Croatia had accepted foreigners as volunteers. In the heaviest fighting, on the eastern front, foreigners had attempted to organize an international brigade of some 50 individuals. There were two types of volunteers - those of Croatian origin and others who embraced the Croatian cause. The foreigners observed HV and MUP rules. The members of a small group that had displayed aberrant behaviour, including alcoholism and indiscipline, had been rapidly discharged.
66. Another participant in the meeting said that three groups of foreigners had come to Croatia: (1) Those who only caused problems; (2) Those sent by foreign interests (information), who were not much help and who also caused problems; and (3) Legitimate volunteers, whom Croatia rewarded by offering them the opportunity to remain there. There were no mercenaries in the regular Croatian army, and the foreigners who had come were no longer part of it. HV instructors were Croatian experts. Mr. Kresic undertook to provide the Special Rapporteur with information on the composition of the HV. The Special Rapporteur inquired about Serbian allegations that Croatia had highly professional mercenaries. Those allegations were hotly denied by the representatives of the Ministry of Defence, in whose opinion the Serbs were conducting intensive psychological warfare. They said that the aggressors considered all Croats to be mercenaries, using the term in a contemptuous way and placing emphasis on the volunteers, although they knew that volunteers were not mercenaries. In reply to a question concerning a Netherlands national taken prisoner at Knin and later tried and shot, they said that the person was of Croatian origin, that he had enlisted voluntarily in the HV, married and been granted Croatian citizenship. They said that they could provide the Special Rapporteur with all the documentation available on the volunteers issue. They denied the alleged presence of foreign instructors, stating that instruction had been provided by Croatian officers of the former Yugoslav People's Army from 1991 onwards.
67. Towards the end of the meeting, the participating officials referred to the situation in the occupied areas of Croatia. They said that the Serbs were recruiting foreigners in order to organize paramilitary forces, whose members were from the former Union of Soviet Socialist Republics (USSR). As evidence they cited the capture in 1994 in the town of Zadar of a Russian citizen, who was a military instructor and confessed that he had been there since 1991 training Serbian paramilitary forces. They also mentioned the "war dogs", namely, attack forces that waged "week-end wars", so called because they entered Croatia on week-ends to commit all sorts of atrocities, with permission to loot and plunder as their reward. They said that the foreigners - presumably mercenaries - fighting on the Serbian side were from Romania, Ukraine and Russia. The Romanians had worked for the Securitate; the Russians were mainly pilots. At the beginning of the conflict the Serbs had been without pilots and had hired Russians to fill the gap. At the end of the meeting they said that during 1993 there were very few conflicts in Croatian territory; engagements had taken place on the territory of Bosnia and Herzegovina, and 15 Romanians and an Egyptian general had been captured in Herzegovina itself. They offered to obtain their names, since the presence of foreigners had been regularly detected by the intelligence services. They were also aware of the presence of Croatian volunteers in Bosnia. Referring to the mujahidin who had come to Bosnia from Islamic countries, they said that they were aware of their presence in connection with the army of Bosnia and Herzegovina and of their possible interest in the founding of an Islamic State. In their view the mujahidin should not be considered as mercenaries. They gave no additional information about the conflict in Bosnia and Herzegovina, rather emphasizing the defence of Croatian national interests under the responsibility of its national army.
68. The Special Rapporteur's last meeting was with Mr. Mate Granic, the Minister of Foreign Affairs and Deputy Prime Minister of Croatia. The purpose of the meeting was to confirm some of the information received during the visit and to determine the formal position of the Government of Croatia on the mercenaries issue. The Minister said that he had been a member of the Croatian Government since the beginning, and also vice-chairman of the war cabinet, responsible for war victims. He emphasized that the presence of mercenaries had never been mentioned in any official body. The number of volunteers in the Croatian forces was extremely small and, although insignificant from a military point of view, they had provided important moral support. He said that what Croatia had needed was not people but weapons. In 1991 Croatia had been isolated, which had made Serbian aggression possible. Some 108 humanitarian organizations had arrived, 33 of which had been Muslim. Not all engaged in humanitarian work, but nor were they directly involved in the fighting. Their function was rather to act as sources of information. There were more representatives of human rights organizations in Croatia than in any other European country. It had never been necessary to call on mercenaries. The Serbian plan was to create a greater Serbia, for which the former Yugoslav People's Army had armed the Serbs of Krajina and helped them occupy it. That was how Serbia justified its presence and that of its volunteers in Croatia. Some 8,000 Serbs had entered the occupied areas of Croatia from Belgrade. The Serbian secret police was continuing its activities, giving the impression that Serbia was being threatened by mercenaries in Croatia. The Hungarians in Voijvodina and the Albanians in Kosovo were not recognized as minorities in Serbia. There were also regular Yugoslav forces in Krajina, but in the uniform of the so-called Serbian Republic of Krajina (RSK). Seventy per cent of RSK troops were Croatian Serbs, but the instructors and experts were from Belgrade. There were Russian generals who were being paid in Bosnia and Herzegovina. He added that his country had information about the presence of mercenaries in training camps located in northern Dalmatia, near Knin, and in Baranja. He said that the Serbian forces had mercenaries - some of whom were Russians and Romanians - in the occupied areas of Croatia. Finally, he said that Croatia's main requirement at the moment was the monitoring of its border, with 17 observation posts along the eastern sector and the frontier with Bosnia and Herzegovina.
B. Visit to the Federal Republic of Yugoslavia (Serbia and Montenegro)
69. The Special Rapporteur visited the Federal Republic of Yugoslavia (Serbia and Montenegro) from 19 to 23 September 1994 at the invitation of the country's Government, and followed a programme proposed by the Yugoslav Federal Ministry of Foreign Affairs. He also held discussions with institutions, public figures and journalists in Belgrade. The main aim of the visit was to obtain further details about and to verify on the spot the allegations made by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) concerning the unlawful participation of mercenaries in the conflicts that had occurred first in Croatia and subsequently in Bosnia and Herzegovina, and at whose hands Serbian citizens suffered. The Special Rapporteur would like to testify to the cooperation he received in the course of his mission from the Yugoslav authorities, both in connection with the meetings and interviews held during his visit and the provision of some of the documents submitted.
70. The first meeting was held in the main office of the Federal Ministry of Foreign Affairs and its purpose was to coordinate various aspects of the visit, request documentary information and to obtain initial general information on the topics covered by the visit. The Ministry officials present were Ambassador Budimir Kosutic, Dr. Miodrag Mitic, Assistant to the Minister and Mrs. Mira Nikolic, representative of the Institute of International Relations. At the beginning of the meeting, after the programme of the visit had been drawn up, Ambassador Budimir Kosutic thanked the Special Rapporteur for the objective nature of his reports and wished to place on record that there was neither any war nor any mercenaries in the Federal Republic of Yugoslavia (Serbia and Montenegro). He said that the mercenaries were operating on the western bank of the Drina river, in Bosnia and Herzegovina, and that the Special Rapporteur's programme should include a visit to that area where there were witnesses to mercenary activities and mercenaries in prison. He added that the witnesses on the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro) were refugees who lived in rural areas and that it was difficult to bring them together. The Special Rapporteur thanked Ambassador Kosutic for his suggestions, although he also said that he had not received an invitation from the Government of Bosnia and Herzegovina to enter its territory. He then set out the aims of his visit, which mainly concerned the allegations made by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) about the alleged participation of mercenaries in the conflicts in Croatia and subsequently in Bosnia and Herzegovina, and said he was confident that he could collect the information necessary to prepare an objective and impartial report. In reply to the concerns he expressed, the Special Rapporteur was informed that every effort would be made to collect the documents he might require and that the Federal Ministry of Defence had information on foreign mercenaries detained in the Federal Republic of Yugoslavia (Serbia and Montenegro) who had been returned to their countries of origin in 1992. He was also informed that there were films of mercenaries in action and that evidence had been collected by the Military Medical Academy on crimes committed against the Serbian population by foreign mercenaries.
71. No details were given about the legal status of mujahidin combatants from Islamic countries present in Bosnia and Herzegovina, although it was confirmed that they were operating in Bosnia and Herzegovina against the Serbian population. Accounts of the number of mujahidin varied, although there were reported to be large numbers of them in Zenica, Bosnia and Herzegovina, where there was said to be a training school. Towards the end of the meeting it was emphasized that the Bosnian Serbs were the victims of aggression involving mercenaries and mujahidin. Mention was made of two Africans who were imprisoned in the so-called Serbian Republic of Bosnia and Herzegovina (Srpska Republic).
72. The second meeting was a joint session with representatives of the Federal Ministries of Justice and of the Interior. The main purpose of the meeting was for the Special Rapporteur to acquaint himself with Yugoslav criminal law relating to mercenaries and with the procedure followed to arresting them and returning them to their countries of origin. The Assistant Secretary-General of the Federal Ministry of Justice, Mr. Durbaba, explained that neither the Federal Penal Code nor the Penal Codes of the Republics classified mercenary activities as an offence nor were there any plans to classify them as such in any review of those instruments. However, a number of offences that might be committed by mercenaries had been classified. He further stated that Yugoslavia condemned mercenaries as well as all the nefarious aspects of their activities. However, he pointed out that little progress had been made at the international level to clarify the issue so as to facilitate the identification, prosecution and punishment of mercenaries. He suggested that, if such clarification was achieved through United Nations resolutions, it could help countries to improve their domestic legislation. The Special Rapporteur drew attention to the International Convention Against the Recruitment, Use, Financing and Training of Mercenaries and said that only 7 countries had ratified the Convention, whereas it had to be ratified by 22 in order to come into force. However, despite the objections of some States to certain parts of its text, it was preferable to be a party to the Convention in order, first of all to have means of taking effective action against mercenary activities and secondly to be able to improve its text. The representative of the Ministry of Justice replied that his Government's accession to the International Convention required approval by the Legislative Assembly.
73. Mr. Durbaba mentioned a number of foreigners unlawfully in Yugoslavia who had been detained while crossing the country with the probable intention of entering Bosnia and Herzegovina to take part in the armed conflict. In their statements to the police, the individuals in question generally claimed that they were in transit towards the West. He said that most of them came from eastern Muslim countries. Lack of evidence that they intended to take part in the fighting meant that it was only possible to establish that they were unlawfully in Yugoslavia before expelling them. The representative of the Federal Ministry of the Interior confirmed the statement by his colleague from the Ministry of Justice, and added that in recent months controls had been reinforced, as a result of which there were virtually no more unlawful aliens in transit. At the request of the Special Rapporteur he offered to provide lists of persons who had been detained for unlawful entry into the country, and their nationality. Regarding the combatants who, according to the communication from the Federal Minister of Defence, dated 12 July 1994, had been returned to their respective countries, the representatives of the Ministry of Justice and of the Interior said that they were unaware of the matter. Nevertheless, the representative of the Ministry of Justice said that any such decision was the sole responsibility of Mr. Milan Panic, the then President of the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro).
74. The third meeting was with officials from the Federal Ministry of Defence, among whom were General Terzic, Colonel Nebojsa Savanovic and other officials, including a Mr. Tomo. The Special Rapporteur expressed the hope that the meeting would elaborate upon the communication, dated 12 July 1994, from Mr. Pavle Bulatovic, Federal Ministry of Defence and that it would be possible to obtain additional information and documentary evidence on the subject. General Terzic said that detailed information was available on each of the cases referred to in the communication of 12 July. He said that the Netherlands citizen Johannes Tilder had been born on 25 October 1963 in Enkhvizen, Netherlands, had graduated from the Royal Military Academy, and trained as a paratrooper and reconnaissance agent in the French Foreign Legion. He had subsequently served at a NATO base in Germany. He was able to obtain Croatian nationality through his marriage with a Croatian and had been living in Zagreb since 21 November 1991. On 5 April 1994 he had been captured in Teslin Grad, Krajina, during a reconnaissance and intelligence operation. He was second-in-command of the Ninth Guards Brigade, mainly composed of mercenaries, which was infamous for its crimes against Serbs in Lika. He died in Knin on 10 May 1994 in an attempt to escape while he was travelling in a military police vehicle.
75. General Terzic said that two United States mercenaries, Colton Glenn Perry and Pesa Nastazio Marin, had been handed over to the Chargé d'Affaires of the United States Embassy in Belgrade on 8 August 1992. A German mercenary, Hans Kurt Reisinger, had been handed over on 25 September 1992 to the Chargé d'Affaires of the German Embassy in Belgrade. The Federal Ministry of Defence also possessed a confession by the Netherlander Tilder. When the Special Rapporteur emphasized the need for documentary evidence to substantiate that the three aliens who had been expelled were mercenaries, he was told that there was a commission for the exchange of prisoners in the Ministry of Defence and that all such information was stored on computer. He was promised that the data would be retrieved and handed over to him. Regarding Tilder's confession, a French translation of his statement was sent to the Special Rapporteur. In reply to the Special Rapporteur's question about special training camps where, according to the communication of 12 July 1994, persons were being trained to fight against the Federal Republic of Yugoslavia (Serbia and Montenegro), Mr. Tomo explained that these camps, which were located mainly in Albania and Turkey, were used to train Albanians from Kosovo and Metohija as well as Muslims from the Raska region to carry out commando operations and acts of terrorism within the Federal Republic of Yugoslavia (Serbia and Montenegro). The main purpose of such acts was allegedly to destabilize Kosovo and Sandzak. It was said that Albanian and Turkish officers were responsible for the training in the camps. The camps in Albania, where approximately 2,120 persons were being trained, were said to be located at Llabinot, Pishkopeja, Skadar and Llabinot-Elbasan. In Turkey, the camps, where some 2,000 were being trained, were reportedly situated in the vicinity of Ankara. The Special Rapporteur asked what had been done by the Yugoslav authorities in response to the allegations. He was informed that public trials were being held in Novi Pazar and Bijelo Polje and that when the trials ended, he would be given the case files. At the end of the meeting the participating officials reaffirmed that there had been mercenaries both in the Croatian ranks and in the army of Bosnia and Herzegovina, and when the Special Rapporteur emphasized the need for evidence, he was provided with copies of some of the documents in their possession.
76. The fourth working meeting took place at the Military Medical Academy (VMA) and was attended by Dr. Zoran Stankovic, a forensic expert, Dr. Sovilj and Dr. Savic. Mr. Bajic T. Milorad, Head of the Documentary Films Section also attended the meeting, whose purpose was to examine the information in the Academy's possession relating to the victims of armed conflicts on the territory of the former Yugoslavia who had been cared for by the Academy and to obtain information on the presence of foreign mercenaries among those responsible for their injuries. Dr. Stankovic said that the Academy had treated at least 650,000 war wounded and performed at least 4,500 autopsies. He showed video tapes of victims who had been attacked in incidents in December 1993 by individuals whom he identified as mercenaries. He said that he could give the Special Rapporteur the names of some of the mercenaries involved in Gospic and Medacki Dzep in September 1993, although the names of the victims had to be kept secret to protect them. Dr. Stankovic also showed slides, photographs and the case histories of some of the amputees and of persons who had been decapitated by foreign mercenaries. When the Special Rapporteur asked whether he had any evidence to substantiate his view that the acts had been committed by mercenaries, he said that the type of weapon and munitions employed, the position of the corpses, the nature of the wounds of the decapitated persons (between the fourth and fifth vertebrae) made it possible to conclude that those responsible were specialists, that they possessed special equipment and belonged to a different cultural and religious tradition from the peoples of the region. Reference was also made at the meeting to the presence among the Croatian forces of a Frenchman, Jean Michel Nicolier, of mercenaries from Germany who made up part of the 108th Brigade and of Netherlanders who belonged to the Ninth Motorized Brigade. Finally, a documentary entitled "Massacre", in which a mercenary of German origin testifies, was shown.
77. At the final official meeting, which was held at the Federal Ministry of Foreign Affairs, the various documents promised during the working meetings were to be made available. Ambassador Kosutic said that various points had been discussed with officials of the so-called Srpska Republic, who had informed him that they would send the Special Rapporteur detailed information about the presence of mercenaries guilty of crimes against its Serbian inhabitants. The Special Rapporteur pointed out that the documents given to him were incomplete. He emphasized that the complaints and allegations contained in the correspondence from the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) concerning the presence of foreign mercenaries in the armed conflicts in Croatia and Bosnia and Herzegovina had to be substantiated and verified on a case-by-case basis, with particular attention to allegations concerning the involvement of other Governments and the existence of training camps in other States. Ambassador Kosutic said that the Special Rapporteur had been given some of the documents at earlier meetings and that others would be provided later. His Government was also working with officials of the so-called Srpska Republic to coordinate the submission of substantive information. He said that the Special Rapporteur should bear in mind that the allegations made by his country had been formulated by different Governments, and that certain explanations, such as those concerning the handing over of foreign mercenaries to the authorities of other countries could be provided only by the highest authorities of his Government. He suggested that the Special Rapporteur should also request information from the UNPROFOR authorities, who had drawn up a number of reports on the presence and status of foreigners on the territory of the former Yugoslavia. The Special Rapporteur said he had no knowledge of any such reports, and that if the Yugoslav officials present at the meeting were familiar with them, they should specify their nature.
78. In addition to the official meetings scheduled with authorities and officials of the Federal Republic of Yugoslavia (Serbia and Montenegro), the Special Rapporteur held working meetings with sources of information within the community itself, namely, non-governmental human rights organizations, research centres, journalists and private citizens. The purpose of these meetings was to acquire a broader understanding of the alleged involvement of mercenaries in the armed conflicts taking place in the territories of the former Yugoslavia. The meeting with the Yugoslav Red Cross was of particular importance. The Special Rapporteur met its leading officials, to whom he explained the purpose of his visit and from whom he requested any information in their possession relating to the involvement of foreign mercenaries in the armed conflicts in Croatia and Bosnia and Herzegovina. He said that their role in caring for the wounded, for displaced persons, participation in prisoner exchanges, etc. could well have provided them with first-hand knowledge of the matter. It was natural to assume that the wounded would know who their attackers were. The Yugoslav Red Cross representatives, namely, Dr. Rade Dubjic, Secretary-General, Dr. Bosko Jakovljevic, expert in international humanitarian law, and Dr. Miodrag Starcevic, human rights adviser, emphasized the essentially humanitarian nature and objectives of the Red Cross, whose role was limited to caring for the victims of war within the framework of the Geneva Conventions of 1949. They said that there were 460,000 refugees on Yugoslav territory, 15 per cent of whom were Muslims and Croatians, and that there were 1,500 war-wounded in hospital. They provided no information about the presence of mercenaries, however, and emphasized that not only were they far from areas where mercenaries operated, but that the very nature of their work prevented them from asking patients whether or not they had been wounded by mercenaries. However, at the insistence of the Special Rapporteur, they said that they might have personal, but not official information about the presence of mercenaries, which they had acquired mainly through the press or hearsay.
79. The Special Rapporteur also met Mr. Vojin Dabic, a member of the board of the Serb Council and director of its Information Centre. The Special Rapporteur told him that he would appreciate information about the involvement of mercenaries in the armed conflict that had taken place in Croatia and in the one taking place in Bosnia and Herzegovina. Mr. Dabic said that the Serb Council was a non-governmental organization which dealt with the question of mercenaries only when they committed crimes against the civilian population. He said that the first reports about the presence of mercenaries had been received in 1991, when allegations were made that Jean Michel Nicolier, a French mercenary born in 1965, and Harlan von Besinger, a German mercenary, were fighting alongside Croatian forces in Vukovar, where they had committed crimes against the civilian population. Nicolier was wounded in combat and the Serbian prisoners Zivkovic Branko and Vergas Vaslav were compelled to give him blood. The three of them had type O negative blood. Dr. Vesna Bosanac also forced two other persons to give their blood to Nicolier, although they were unable to testify as they subsequently died. These events had occurred between 31 October and 9 November 1991. He added that most of the mercenaries fighting in Vukovar were mentally disturbed individuals who had come to commit crimes and make money. They were not used as soldiers but rather to commit crimes in order to terrorize the population. An Italian mercenary, Roberto Delle Fave, had said that the mercenaries ate human flesh. In its issue of 15 July 1994, the Croatian newspaper Globus had published a statement by a mercenary who said that his crimes were videotaped and then sold on the Italian black market.
80. Mr. Dabic said that other mercenaries tortured people in detention camps located in Croatia and in Bosnia and Herzegovina. Among those responsible, he mentioned a German mercenary called Kurt, who tortured prisoners in a camp at Rodoc, in the vicinity of Mostar, and in a camp in Celebic. The Serb Council was attempting to identify a Netherlands mercenary who had taken part in a massacre at Mirkovic Polje on 6 September 1994. In Croatia, the 108th Brigade of the National Guard was composed of mercenaries who were used to carry out lightning attacks on Krajina and who committed numerous crimes against the Serbian population. However, there were few witnesses, as the mercenaries did not usually let those who witnessed their crimes live. He said that the question of the mujahidin or Islamic combatants was more complex. A distinction had to be made between those officers and soldiers who were sent and paid by the Governments of Islamic countries, and those fighting as volunteers in the pay of the Government of Bosnia and Herzegovina. He said the Serb Council knew that Pakistani officers were fighting in the Fifth Corps of the army of Bosnia and Herzegovina. The Government of Bosnia and Herzegovina also engaged Afghan, Iranian, Libyan and Lebanese officers for its armed forces. Some of them, mainly the Libyans, spoke Serbo-Croat and were familiar with local customs because they had been trained in the former Yugoslavia under the socialist regime. Some Pakistanis, including an officer named Bhuto, had committed crimes against the Muslim and Serbian populations in Krajina. The presence of mujahidin and Islamic combatants in Bosnia and Herzegovina had led to the development of fundamentalist tensions and a feeling of unease among the Muslim population of Bosnia itself, on account of the sectarian and intolerant behaviour of the former; not all the combatants were fighting because of their religious beliefs. Lastly, Mr. Dabic offered to give the Special Rapporteur a file on the presence of mercenaries and their crimes which the Serb Council intended to compile. At the time of writing, the Special Rapporteur had not yet received this file.
81. On the final day of his visit, the Special Rapporteur had a meeting with Mr. Vladislav Jovanovic, Federal Minister of Foreign Affairs, whom he thanked for the cooperation he had received in the course of his various working meetings, and to whom he reiterated his intention of preparing an objective and impartial report, emphasizing that the evidence offered in support of the allegations formulated by the Government must be made available. The Minister thanked the Special Rapporteur, reiterated his Government's condemnation of the presence and activities of mercenaries on the territory of the former Yugoslavia and said that the Federal Republic of Yugoslavia (Serbia and Montenegro) was not at war with any other country, but rather the victim of the sanctions imposed by the international community. The Minister firmly rejected any charges that his country was involved in using mercenaries and reaffirmed the peaceful intentions of the Federal Republic of Yugoslavia (Serbia and Montenegro).
82. The Special Rapporteur wishes to place on record the fact that, during his stay in Yugoslavia, he received only a very small proportion of the documentation he had been promised. He subsequently received a document entitled "Information on mercenaries previously and currently active on the territory of the former Socialist Federal Republic of Yugoslavia", prepared by the Committee for the compilation of data on crimes against humanity and international law. According to this document, the following individuals fought as mercenaries alongside the Croatian armed forces at Medak:
(a) Rik Grauwert, a Netherlander from Den Helder, 27 years of age and a former sergeant-major in the Netherlands Army;
(b) Raymond Van Der Linden, a Netherlander, 35 years of age, born in Roosen Daal;
(c) Andre Van Der Aaart, a Netherlander from Lissen, 29 years of age and a former corporal in the Netherlands Army;
(d) Mark Molenaar, a Netherlander, born in Amsterdam, 24 years of age and a former soldier in the Netherlands Army;
(e) Edwin Hoovens, a Netherlander from Vendlo, 26 years of age and a former soldier in the Netherlands Army;
(f) Martin de Porres, a Netherlander from Ambon, Indonesia, 33 years of age and a former sergeant-major in the Netherlands Army;
(g) Joost Van Dijk, a Netherlander, born in Den Boch, 26 years of age and a former mines and explosives expert in the Netherlands Army;
(h) Tom Chittum, a United States citizen, born in Whoopaki Lake, 46 years of age and a Viet Nam veteran;
(i) Harmut Lange, a German from Berlin, 27 years of age;
(j) Ellijas Laslo, a Hungarian, and a former paratrooper in the Hungarian Army;
(k) Johannes Tilder, a Netherlander from Enkhvizen, 31 years of age, with a reconnaissance and paratroop diploma from the Special Military School of the Netherlands Army, a former member of the French Foreign Legion.
83. According to the documentation referred to, the above individuals are allegedly guilty of war crimes against Serbian civilians in Medak. According to the same documentation, the following foreigners were also members of the Croatian Armed Forces:
(a) Bart Velt, a Netherlander, born in Haarlem, 30 years of age and a former accountant with the Netherlands Army, who allegedly served in the Croatian forces in Perusic;
(b) Johannes Stelling, a Netherlander from Drachten, 28 years of age, who allegedly fought in Herzegovina and in Livno;
(c) Ronald Geurts, a Netherlander born in Utrecht, 27 years of age, who allegedly served with the Croatian forces in Perusic;
(d) Peter Van Eekeren, a Netherlander, who was allegedly an instructor for the Croatian forces in Jastrebarsko.
84. Among the mercenaries who allegedly fought alongside the Croatian forces at Bosanska Posavina, in Bosnia and Herzegovina, the communication in question mentions Uslisti Aleksandrovic Sergej, born on 18 July 1963 in Omsk, and Trisin Borisovic Aleksej, born on 6 July 1964 in Novosibirsk. The communication also mentions the following foreigners who allegedly fought at Tesanj and Teslic in September 1992 alongside the armed forces of Bosnia and Herzegovina: Abu Isak, a Saudi Arabian; Abu Xerib, a Saudi Arabian; and Seih Abu Sulejman. Venzhov Zhejiang, of Franco-Chinese extraction and Abi Abu Safijahsi, a Jordanian, allegedly fought with the same forces in Derventa. A Turkish citizen, Aztruk Mahmut, reportedly fought in Prijedor. Ibu Raha, a Saudi Arabian, Shaher Al Sharif, a Syrian, Abu Falah and Abu Amin, Egyptians, Ijas Medini, Abu El Zubeir and Abdurahman Abu Sarahudin, Saudi Arabians, were reportedly wounded in combat and hospitalized in Zenica.
85. The Special Rapporteur has also received a French translation of four statements made in April 1994 by Johannes Tilder to Captain Mico Cudic and Senior NCO Branko Potkonjak. In his statement, Tilder said that he was an officer in the Royal Netherlands Army and a sub-lieutenant in the Croatian Army. He said that, during a short period of service in the French Foreign Legion in 1990, he was contacted in the Netherlands by the "Aid for the Croatians", "Nederlandse Welk Gemenschap" and "Centrum Democraten" organizations. He arrived in Croatia on 22 November 1991 and then served in Gospic before becoming deputy-commander of the reconnaissance company of the Ninth Motorized Guards Brigade, known as the "Vukovi". In his statements he gave details of a number of military actions and attacks against the Serbian civilian population, and described circuits for foreign assistance for the Croatian cause. He said that in October 1991, Branimir Glavas established an international brigade of foreigners, mainly Germans, Englishmen, French, Americans and Austrians, in a Zagreb barracks. The commander of the international brigade was a German known as Captain Hans. Most of the members of the brigade had served in the French Foreign Legion.
C. General evaluation of the visits
86. The Special Rapporteur considers that his visits to the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) pursuant to his mandate were of great importance, and he appreciated the cooperative attitude of both countries. During his working meetings with the authorities and officials as well as with community representatives in the two countries, he was able to receive and analyse information on the various allegations submitted. These allegations were, however, supported mainly by written confessions, statements and opinions based on a general knowledge of combat situations. When this report was drafted the documentation proposed by the Croatian authorities had still not been sent and that received from the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) is only part of what the Special Rapporteur was promised. For this reason, the Special Rapporteur considers that he is not in possession of all the necessary facts to enable him to draw his final conclusions. What is needed is sounder evidence in the form of reliable documents, as well as interviews with witnesses who actually saw mercenaries and with victims of their acts, interviews with mercenaries who have returned to their countries of origin, in order to pursue the elucidation of this issue. However, the visits constituted an important step in this direction, and will serve to ensure the continuation of the Special Rapporteur's work on a firmer basis.
87. The visits enabled the Special Rapporteur to achieve some progress in his investigations and to make the following preliminary appreciations:
(a) The presence of foreigners and alleged mercenaries in the 1991 war in Croatia and in the war in progress in Bosnia and Herzegovina since 1992 coincided with serious violations of international humanitarian law and the human rights of the peoples affected, and psychological warfare played a fundamental role in the development of the armed conflict. An investigation is, however, needed to ascertain to what extent foreigners and mercenaries were assigned the task of perpetrating the worst kinds of war crimes and atrocities against local populations and whether their share of the responsibility is greater than that of nationals;
(b) Foreigners have been involved in circumstances of questionable legality in the armed conflict which took place in Croatia and in the current conflict in Bosnia and Herzegovina. This assertion must be qualified, however, by specifying in which cases these foreigners were mercenaries. In accordance with the present state of international law on the subject, persons sent by a State which is not a party to the conflict on official duty as members of its armed forces should not be classified as mercenaries;
(c) Similarly foreigners who joined the armed forces of a State as regular and permanent members and received material compensation similar to that promised or paid to combatants of similar ranks and functions in those armed forces, and who are not motivated to take part in the hostilities essentially by the desire for private gain or material compensation, should not be classified as mercenaries. This means that volunteers should be excluded. Only persons motivated essentially by the desire for private gain to take part in hostilities and those who have, in fact, been promised material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of the party to the conflict can be considered to be mercenaries;
(d) Only when a person is not a national of a party to the conflict or resident in a territory controlled by a party to the conflict is he a mercenary. Nationals and residents may not be regarded as mercenaries. A mercenary must be a non-resident alien;
(e) The conditions that must be satisfied in order to classify a person as a mercenary set out in article 47 of Protocol I of the Geneva Conventions of 1949 and the International Convention against the Recruitment, Use, Financing and Training of Mercenaries are cumulative and concurrent; this means that a person must satisfy all these conditions if he is to be classified as a mercenary. The Special Rapporteur is aware that these points are difficult to prove in practice and make it easy for the mercenary to elude such classification while the party victim of the aggression finds itself deprived of the right of punishment or legitimate reparation;
(f) The granting of the nationality of a State after the event, even though based on the jus sanguinis criterion, does not alter a foreigner's status until the actual moment the new nationality is granted;
(g) With respect to allegations concerning the presence of mercenaries in Croatia, foreigners who joined the regular Croatian army as normal and permanent members, receiving compensation similar to or less than that promised or paid to combatants of similar ranks and functions in that regular army, should not be classified as mercenaries. They were volunteers and not mercenaries. Mercenaries are persons who fight, motivated by the desire for private gain and, in fact, are promised material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions. Cases of foreigners who joined international brigades and the relationship between these brigades and the State's system of defence should be the subject of a special investigation. During his visit, the Special Rapporteur was informed by Croatian sources that soldiers of fortune had arrived in the country and had acted in an undesirable manner. In any event, it must be determined whether they received or were promised compensation, the amounts of such compensation and who promised or paid it to them;
(i) Lastly, the question of the mujahidin, or Islamic combatants allegedly involved in the armed conflict in the Republic of Bosnia and Herzegovina, needs to be studied. In this case persons sent by States which are not parties to the conflict on official duty as officers or soldiers of their armed forces should be excluded. Foreigners who have joined the armed forces of Bosnia and Herzegovina as regular and permanent members, receiving material compensation similar to or less than that promised or paid to combatants of similar ranks and functions of those armed forces should also be excluded. It must then be decided whether these persons are motivated to take part in the hostilities essentially by the desire for private gain, and in this context, the possibility of religious or cultural motivation analysed;
(j) Cases of dual and multiple nationality used simultaneously must also be studied.
88. The comments contained in the foregoing paragraph are not final for the Special Rapporteur, but simply ideas and elements that may be useful in pursuing the study of this topic in greater detail.
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