May 1998 - Indictment Request, to the Prosecutor of ICTY, the Hague, filed by the Association of Serbs from BiH, concerning the use of depleted uranium by NATO in Republika Srpska in 1995

ASSOCIATION OF SERBS FROM BOSNIA AND HERZEGOVINA
Belgrade, FR of Yugoslavia


THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA (ICTY)(1)
Hague



A C T I O N(2)

AGAINST PERSONS WHO MADE A DECISION AND CARRIED OUT BOMBING RAIDS IN THE TERRITORY OF THE FORMER SFRY



In the second half of 1995, in carrying out military operations in Bosnia and Herzegovina, airplanes bearing signs of various States, bombed military facilities, civilian targets and populated areas in a wide territory of Republika Srpska. At that time, they also used a special type of 30 mm calibre ammunition, launched from cannons mounted on airplanes. It has been established that the missiles(3)  weighed 418.80 g and that they were 114 mm long, without protection cap.

The nuclei of these missiles are of high density, hardness and penetration power, and have been made from depleted uranium alloy 238. These nuclei are radioactive, and the radioactivity comes from the fission products of
uranium 238 and uranium 235, as well from their “children”.

The results of analysis indicated, inter alia, a high-level radiation: uranium activity amounted to 3.4 MBq. Total alfa ray radiation from the surface of a nucleus amounted to 1.1198 alfa rays/sec and beta rays 35.914/sec.

This type of ammunition has been made of nuclear waste and due to its radioactivity is considered to be a radiological weapon.

By checking the USA Ammunition Catalogue (SATORY X. Paris, 1985, Volume 1), it has been established that this is 30 mm calibre ammunition API PGU-14/B. The manufacturer is AEROJET Ordonance Co. USA.(4) It is intended for the destruction of armoured vehicles, cement bunkers and fixed firing points. It is fired from a seven-barrel GAU-8/A Avenger 30 mm calibre Gatling–type cannon, mounted on Fairchild`s A-10 A Thunderbolt II (Warthog) airplanes. According to the 1985 catalogue data, over 50 million rounds have been
manufactured. NATO force is also in possession of this type of weapons.

The effects of this weapon on military personnel and civilian population are extremely serious: occurances of tissue degradation and radiological contamination.

Uranium and its salts belong in a group of highly toxic subtances. It causes dermatitis, kidney condition, acute necrotic arterial lesions, and even death. Radiation as a result of inhalation of small particles in lungs may cause cancer.

In view of the existing radioactivity, notwithstanding other properties, it may be concluded that the nucleus is made out of a nuclear waste  as a by-product in manufacturing nuclear fuel for military or peaceful purposes.
Therefore it may be considered that a type of radiological weapon has been used. Its use is inhumane and cannot possibly be justified.

The use of this ammunition is absolutely inhumane both in terms of poisoning and exposing to radiation humans and of causing environmental degradation (5).

In accordance with international standards and regulations, uranium is ranked as a toxic element and is in the second group of radio nucleates of high radio-toxic properties.

The composition and qualities of the ammunition used have been established by a special expert team which gathered the samples on the ground and performed expert analysis.

Evidence: Expert analysis

Expert conclusions have been confirmed by the after-effects of this inhuman use of this toxic weapon. In a number of places in Republika Srpska which were exposed to bombing raids (Milici, Vlasenica, Han Pijesak, Sokolac,
Pale, Vogosca, Rogatica etc), an increasing number of miscarriages, embryonic degradation, premature haemorrhages in initial stages of pregnancy, premature births, still births etc, has been established. The mortality of population in these areas has increased. Cases of deaths of live stocks and defects in their offspring are also on the increase.

In addition, it has been noted that people otherwise in extremely good health increasingly suffered from diseases of unknown causes. A nine-year old girl who came to the crater in the bombed area after some time
experienced disorders and loss of fingernails. Skin specialists ruled out fungal diseases.

Tea plants picked on Mt. Romania registered increased radioactivity. In the end of July 1996, expert analysis of 2 samples of teas, a mix of plants, picked on Mt. Romania, was carried out. The samples demonstrated beta rays
of 1,130 Bq/kg and 1,118 Bq/kg, which is onsiderably higher than accepted quantity of 600 Bq/kg. The analysis were carried out by the standard method with Camber alfa equipment beta, flow-through system.

Evidence: Witness accounts

The use of the above ammunition is not only inhumane but contrary to the international law. A number of international conventions prohibit the manufacturing and use of such weapons as well as such handling of nuclear
substances (Convention on Physical Protection of Nuclear Materials of 1970; The Treaty on the Prohibition of Nuclear Weapoms Tests of 1963, etc). According to Article 55 of the Additional Protocol to the Geneva Convention (Protocol I), it is prohibited to use the methods and means of warfare whose aims is or may be expected to cause such degradation of environment thereby damaging health or survival of the population(6).

In addition to fulfilling the goals of military and political character which represents a gross violation of the international humanitarian law, the countries that produce and use this kind of ammunition thereby dispose
of this harmful nuclear waste, which is also the violation of the regulations of the international law.

The responsibility for the use of toxic and radioactive inhuman weapons in bombing the targets of Republika Srpska lies with the persons who made the decision on the bombing and the direct perpetrators, as well as with the States whose signs appeared on the aircraft which took part in this operation. This responsibility is based on Articles 86 and 87 of the said Protocol, whereas Article 91 establishes responsibility for the damage caused.

We request that facts be determined in court procedure and that those responsible be convicted for committed war crimes.


NOTES:

1- 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

2- Although sent to the Tribunal as "action", according to the Statute of ICTY this document could only represent a denunciation, appeal, report, letter, sent to the Prosecutor of ICTY.

3-  i.e. the shells, after firing.

4- A complete API (armour–piercing incendiary) round, that is to say, before it has been fired, is 11.4 in (290 mm) long, and weighs 2.05 lb (930g), produced both by Aerojet and Honeywell – note  by D. R.

5-  We believe that at this point it would be appropriate to stress that uranium has a half-life of 4.5 billion years.

6- We also believe that the same act - Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I of 1977) – provides other important foundations for the Request: 

- Article 35, Paragraph 2 – prohibits employment of "weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering";

-  Article 35, Paragraph 3 - prohibits employment of "methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment";

- The use of DU weapons violates also regulations of the same Protocol, regarding protection of civilian population against effects of hostilities - Article 48; Article 51, paragraphs: 1, 4-c, 5-b; Article 57, paragraph 2-a-ii.