30 May 2013 - ICTY

49497
057 is attacked in the Final Trial Briefs of the Simatović Defence and the Stanišić
Defence, 3514 the Trial Chamber is satisfied that the information provided by the witness
relevant to this section is uncontroversial between the parties.
1762. Based on the evidence set out above, the Trial Chamber finds that the SDG was
formed from a cell of Red Star Belgrade football club supporters by Arkan and others,
including Nebojša Ðorđević, Saša Pavlović, Nenad Marković, and Dragan Petrović, on 11
October 1990 in Pokajnica near Belgrade. The Trial Chamber finds that without further
evidence, the mere fact that the Accused were involved with the SDG at a later stage does not
affect this finding. Consequently, the Trial Chamber is unable to conclude that the Accused
directed or organized the formation of the SDG.
6.4.3 The Accused directed the Serbian Volunteer Guard in particular operations in Croatia
and Bosnia-Herzegovina
1763. According to the Indictment, the Accused directed the involvement of the SDG in
particular operations in Croatia and Bosnia-Herzegovina. 3515 In this sub-chapter the Trial
Chamber will focus only on the Prosecution’s allegation that the Accused directed or
commanded the involvement of the SDG in specific operations. Aspects such as supplying,
organizing, financing, and supporting the SDG in these operations have been dealt with
separately in other sub-chapters. 3516 The Trial Chamber has received evidence about the
alleged involvement of the SDG in six operations: the SAO SBWS operation in 1991, the
operations in Bosnia-Herzegovina in 1992 (Bijeljina and Zvornik), Operation Pauk,
operations in Treskavica/Trnovo in June-July 1995, the Banja Luka operations in 1995, and
operations in the SAO SBWS in 1995. In this sub-chapter, the Trial Chamber will address the
Prosecution’s allegations in relation to (a) the SAO SBWS operation in 1991, (b) operations
in Bosnia-Herzegovina in April 1992, and (c) operations in Banja Luka in 1995. The Trial
Chamber will address the role of the Accused in directing the involvement of the SDG in
Operation Pauk, and the 1995 operations in Trnovo/Treskavica and the SAO SBWS in
chapter 6.5.3.
3514 Simatović Defence Final Trial Brief, 14 December 2012, paras 645-703; Stanišić Defence Final Trial Brief,
17 December 2012, Confidential Annex III, Section C.
3515 Indictment, paras 4, 7.
3516 Chapters 6.4.3 and 6.4.4.
Case No. IT-03-69-T 621
30 May 2013