30 May 2013 - ICTY

49669
6. The Accused’s responsibility
6.1 Introduction
1265. According to the Indictment, the Accused participated in a joint criminal enterprise,
the object of which was the forcible and permanent removal of the majority of non-Serbs,
principally Croats, Bosnian Muslims, and Bosnian Croats, from large areas of Croatia and
Bosnia-Herzegovina. 2224 It came into existence no later than April 1991 and continued until at
least 31 December 1995. 2225 The crimes charged in the Indictment (murder, deportation,
forcible transfer, and persecution) were within the object of the joint criminal enterprise. 2226
The Accused shared the intent to further the common criminal purpose of forcibly and
permanently removing the majority of non-Serbs from large areas of Croatia and Bosnia-
Herzegovina, through the commission of the charged crimes. Alternatively, the common
criminal purpose only included the crimes of deportation and forcible transfer, and the crimes
of persecution and murder were reasonably foreseeable to the Accused as a possible
consequence of the execution of the joint criminal enterprise. 2227
1266. According to the Prosecution, the Accused participated in the joint criminal enterprise,
inter alia, through their interaction with the Unit, the SDG, and the Skorpions. The Trial
Chamber will deal with this in chapters 6.3, 6.4, and 6.5. In this respect, the Trial Chamber
will assess whether the Accused directed and organized the formation of these units. 2228 The
Trial Chamber understands that the term “directed and organized the formation” in the
Indictment refers to the founding of or the process of founding these units. The Trial Chamber
will further consider whether the Accused directed the involvement of these units in particular
operations in Croatia and Bosnia-Herzegovina. 2229 Considering the Prosecution’s use of the
words “directing” and “commanding” in its Final Trial Brief, 2230 as well as the fact that the
operations at issue (as described in the Prosecution’s Final Brief) were of a military character,
the Trial Chamber understands that the term “directing their involvement” in the Indictment
refers to ordering or commanding the units in military operations. 2231
2224 Indictment, para. 13.
2225 Indictment, para. 11.
2226 Indictment, paras 13-14.
2227 Indictment, para. 14.
2228 Indictment, para. 15 (b).
2229 Indictment, para. 7.
2230 See, for example, Prosecution Final Trial Brief, 14 December 2012, paras 6, 342.
2231 The Trial Chamber notes that many of the terms describing the acts of the Accused in the Indictment may be
considered ambiguous and overlapping with each other.
Case No. IT-03-69-T 449
30 May 2013