30 May 2013 - ICTY

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1267. The Trial Chamber will also consider whether the Accused organized the involvement
of the above-mentioned units in particular operations, and whether the Accused supplied,
financed, and supported them for such operations. 2232 In this respect, the Trial Chamber
understands the phrase “organized their involvement” in the Indictment to refer in the main to
deploying the units to certain military operations (including any relevant preparations for such
deployment), where the units may have been incorporated into the command structure of
other military forces. Further, the Trial Chamber will assess whether the Accused directed and
organized the financing, training, logistical support and other substantial assistance or
support, outside the scope of particular operations. 2233 The Trial Chamber’s understanding of
“financing” includes situations when the Accused is the only, or one of many, financial
contributors. Finally, the Trial Chamber will consider whether the Accused failed to instruct
these units to refrain from committing unlawful acts. 2234 The Trial Chamber understands the
reference in paragraph 15 (c) of the Indictment that the Accused “continued to send forces” as
being included in the phrase “organising their involvement”, and will deal with it in that
context. Furthermore, the Trial Chamber understands the references in the same paragraph
that the Accused “continued to […] provide support over an extended period of time” and
“failed to stop replenishing” the units to refer to the Accused’s role in providing logistical and
other support, and will deal with it in that context.
1268. According to the Indictment, the Accused also participated in the joint criminal
enterprise through their interaction with other Serb Forces (as defined in paragraph 6 of the
Indictment). In this respect, the Trial Chamber will determine whether the Accused directed
and organized the formation of SAO Krajina Police, SAO Krajina TO, and other Serb
Forces. 2235 Further, it will assess whether the Accused directed and organized the financing,
training, logistical support and other substantial assistance or support for other Serb
Forces. 2236 Finally, the Trial Chamber will consider whether the Accused failed to instruct
these units to refrain from committing unlawful acts. 2237
1269. The Indictment also states that the Accused participated in the joint criminal enterprise
by providing channels of communication between and among the core members of the joint
2232 Indictment, para. 7.
2233 Indictment, para. 15 (c).
2234 Indictment, para. 15 (c).
2235 Indictment, para. 15 (b).
2236 Indictment, para. 15 (c).
2237 Indictment, para. 15 (c).
Case No. IT-03-69-T 450
30 May 2013