30 May 2013 - ICTY
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30 May 2013 - ICTY

30 May 2013 - ICTY 30 May 2013 - ICTY

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49668 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

49667 criminal enterprise in Belgrade, in the specific regions, and locally throughout the Indictment period. 2238 The Trial Chamber will deal with this in chapter 6.4, below. 1270. Finally, the Trial Chamber will assess whether the Accused shared the intent of the alleged joint criminal enterprise to forcibly and permanently remove the majority of non- Serbs from large areas of Croatia and Bosnia-Herzegovina, through the commission of murder, deportation, forcible transfer, and persecution. 2239 1271. Lastly, the Trial Chamber will turn to the other modes of liability charged in the Indictment, namely planning, ordering, and aiding and abetting. 2240 2238 Indictment, para. 15 (a). 2239 Indictment, para. 14. 2240 Indictment, para. 10. Case No. IT-03-69-T 451 30 May 2013

49667<br />

criminal enterprise in Belgrade, in the specific regions, and locally throughout the Indictment<br />

period. 2238 The Trial Chamber will deal with this in chapter 6.4, below.<br />

1270. Finally, the Trial Chamber will assess whether the Accused shared the intent of the<br />

alleged joint criminal enterprise to forcibly and permanently remove the majority of non-<br />

Serbs from large areas of Croatia and Bosnia-Herzegovina, through the commission of<br />

murder, deportation, forcible transfer, and persecution. 2239<br />

1271. Lastly, the Trial Chamber will turn to the other modes of liability charged in the<br />

Indictment, namely planning, ordering, and aiding and abetting. 2240<br />

2238 Indictment, para. 15 (a).<br />

2239 Indictment, para. 14.<br />

2240 Indictment, para. 10.<br />

Case No. IT-03-69-T 451<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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