In the Krstić case, the chamber articulated a very clear position on this point. The chamber’s view of Srebrenica executions in par. 546 imposes strict evidentiary standards and leaves it little room for manoeuvre: “The Trial Chamber is ultimately satisfied that murders and infliction of serious bodily or mental harm were committed with the intent to kill all the Bosnian Muslim men of military age at Srebrenica. (…) All of the executions systematically targeted Bosnian Muslim men of military age, regardless of whether they were civilians or soldiers.” And further on (Krstić, par. 547): “Evidence shows (…) that a decision was taken, at some point, to capture and kill all the Bosnian Muslim men indiscriminately…” (Krstić, par. 546) Finally: “The evidence shows that the VRS sought to kill all the Bosnian Muslim military aged men in Srebrenica, regardless of their civilian or military status.” (Krstić, Ibid.) The ICTY chamber in the Popović et al. case (par. 856) in its trial judgment was equally emphatic that the criterion for genocide required that the nature of Srebrenica killing had to be all-inclusive: “The scale and nature of the murder operation, the targeting of the victims, the systematic and organized manner in which it was carried out, and the plain intention to eliminate every Bosnian Muslim male who was captured or surrendered proves beyond reasonable doubt that members of the Bosnian Serb Forces, including members of the VRS Main Staff and Security Branch, intended to destroy the Muslims of Eastern Bosnia as a group.” For the Srebrenica genocide narrative to be compelling, it should have happened as cited ICTY verdicts claim it did. But how do these categorical conclusions drawn by various ICTY chambers stack up against statements of Bosnian Muslim men who were captured by Serbian forces in the aftermath of the Srebrenica takeover on July 11, 1995, but were not executed? At least 13 such statements are known to exist, and they are all in the Hague Tribunal data base, as indicated by file numbers below. A sampling of these statements as they were subsequently given to Sarajevo authorities in Tuzla in the local language follows the list.
- Ademović, Bekir (1975), 01185273. Soldier, captured July 13 with seventeen wounded individuals. Mentions by name five other individuals who were captured with him. During the column’s withdrawal, he witnessed combat activity around Konjević Polje and gave an estimate of Muslim casualties. After having been captured, he was taken to the Bratunac Health Clinic, where he spent two days without treatment, and was then placed in the care of a Dutch doctor. During the night of July 17– 18, he was transferred to the Batković Prisoner of War Camp. He witnessed prisoners being beaten but he was not mistreated.
- Memišević, Nurudim Civilian, captured on July 14 near Baljkovica. For further details, see the statement given by father, Memišević, Nurif 00396028. He was transferred to Batković on July 14; he was beaten.
- Ahmetović, Nedžad (1953) 01189539. Soldier, captured on July 13. He was taken to Karakaj (near Zvornik) where he was held for two to three days. While retreating with the column, he witnessed combat activity and gave an assessment of casualties. He was transferred to the Batković POW camp where he was exchanged on December 24, 1995.
- Mustafić, Zazim (1964), 01185284. Soldier who was wounded, and then captured by the Drina Corps military police on July 12. He names ten other individuals who were captured with him. He was transferred to Batković on July 18 and was exchanged on September 29, 1995.
- Hašemović, Aziz (1960), 01185332. Soldier, captured on July 16 with nine other wounded persons, of whom he names four. Received medical assistance at the Bratunac Health Clinic, following which he was transferred to the Batković POW camp on July 17. He was exempted from labor obligations because of his medical condition and was exchanged on September 29, 1995.
- Vilić, Sadik (1960), 00401652. Civilian, captured on July 13. After the withdrawal of the Dutch Battalion, was captured by the VRS with a large group of wounded Muslims in Potočari. Confirms that all received proper medical treatment at the health clinic in Bratunac; was not mistreated. He was interrogated by VRS intelligence personnel, registered with the ICRC on July 18, and evacuated to the Batković POW camp on July 19 with twenty-two other wounded prisoners. Exchanged on September 29, 1995. In Batković, he was interrogated by a VRS officer on military matters but was not mistreated; he was later interrogated and abused by a war crimes investigator.
- Tabaković, Reuf (1960), 01185288. Soldier, wounded, captured July 12. Held in Bratunac for five days. On July 17, transferred to Batković, where he was exchanged on December 24, 1995.
- Tabaković, Šukrija (1973), 00371755. Soldier, wounded, then captured on July 11-12, according to the best of his recollection. He spent six days at the UN camp in Potočari, then was taken to the hospital in Bratunac with six other wounded Muslims for treatment (July 17–18). He gives the names of other wounded prisoners who were captured and treated with him. He was transferred to Batković on July 18, where he was treated in accordance with the Geneva Convention and was exchanged on September 30, 1995.
- Kaljević, Rifet (1945), 01185280. Soldier, wounded, then captured on July 14. He took part in the withdrawal, tried to commit suicide, was captured, and was finally taken by Serbian forces to the Bratunac Hospital for treatment after his suicide attempt. He mentions a “gravely ill” prisoner, also from Srebrenica, who was being treated but who expired at the Bratunac hospital. He was transferred to Batković and exchanged on December 24, 1995.
- Smajlović, Idriz (1956), 12122824. Soldier, wounded, then captured on July 11. He spent several days at the clinic in Potočari, where he was registered with the Red Cross. He was transferred to Bratunac on July 15, where he was interrogated and mistreated. He was transferred to Batković on July 16 and exchanged on September 29, 1995. The witness expressed bitterness toward the Serbs because he had stepped on a landmine and was wounded, but he states that as a prisoner he was treated properly. He confirms that the 28th Division of the BH Army from Srebrenica was conducting attacks on surrounding Serbian villages.
- Selimović, Sadik (1962), 03052246 (statement number in the files of the Muslim intelligence service, AID); 02131234 (statement number in the database of ICTY Office of the Prosecutor). Soldier, wounded, captured in Potočari on July 12. Taken to the Bratunac hospital with other wounded soldiers where some of the staff treated them properly, but others did not. Eight days after his capture, he was transferred to Batković and was registered with the Red Cross. He gave statements to both the Muslim authorities (AID) and to the ICTY Prosecution (OTP).
- Hasić, Sakib (1968), 00588878 (statement number in the database of ICTY Office of the Prosecutor). Status unclear, wounded, then captured by the VRS at the UN clinic in Potočari. Serbian soldiers separated gravely wounded Muslim prisoners who were to be freed. In Bratunac, he saw wounded Muslims with Red Cross registration cards. He was given a medical exam on July 13. He was interrogated on July 15 and was then registered with the Red Cross a day or two later. He was transferred to Batković and exchanged on December 24, 1995.
- Gračanlić, Džemo (1974), 00371741. Status unclear, wounded, then captured by the VRS at the UN clinic in Potočari with twenty-three other wounded Muslims. He was transferred to the Bratunac hospital on July 14, then on July 19 to Bijeljina, and finally to the Batković POW camp. He was registered with the Red Cross, and then exchanged on September 29, 1995.