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30 May 2013 - ICTY

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49443<br />

6.5 Skorpions<br />

6.5.1 Introduction<br />

1916. In this chapter, the Trial Chamber will review the evidence concerning the unit known<br />

as the Skorpions (Škorpioni). The Trial Chamber will address the Prosecution’s allegations as<br />

they are presented in the Indictment. In this respect, it will first review the evidence on the<br />

formation of the Skorpions. Second, it will examine whether the Accused organized and<br />

directed the involvement of the Skorpions, and supported and supplied the Skorpions in<br />

specific operations. Third, it will consider whether the Accused financed the involvement of<br />

the Skorpions in particular operations. Fourth, the Trial Chamber will turn to the allegations<br />

that the Accused directed and organized the financing, training, logistical support, and other<br />

substantial assistance or support for the Skorpions. Finally, it will consider the Accused’s<br />

alleged failure to instruct the Skorpions to refrain from committing unlawful acts.<br />

1917. In relation to organizing and directing involvement of the Skorpions, and supporting<br />

and supplying them in particular operations, the Trial Chamber considers the following. The<br />

Trial Chamber has received evidence about the alleged involvement of the Skorpions in three<br />

operations: (a) Operation Pauk in the APZB, (b) the operations in Treskavica/Trnovo in June-<br />

July 1995, and (c) in the SAO SBWS in 1995. 3872 In its Final Trial Brief, the Prosecution<br />

submits that the SDG and the JATD also participated in these operations. 3873 Having reviewed<br />

the evidence on the Skorpions received in this context, the Trial Chamber considers it to be<br />

linked with the evidence on the involvement of the SDG and the JATD in the same<br />

operations. The Trial Chamber will therefore jointly review the evidence on organizing and<br />

directing the involvement of, and supporting and supplying the SDG, the Skorpions, and the<br />

JATD in the three aforementioned operations. Similarly, in so far as the Prosecution alleges<br />

that the Accused financed the involvement of the Skorpions in these specific operations, the<br />

Trial Chamber will review the evidence it has received in this respect together with the<br />

evidence received in relation to the charges that the Accused financed the involvement of the<br />

SDG and the JATD in these operations.<br />

1918. The Trial Chamber has addressed the role of the Accused in organizing and directing<br />

the involvement of, and financing, supporting and supplying the SDG and the Unit or the<br />

JATD in other operations in chapters 6.3.3 and 6.4.4.<br />

3872 Prosecution Final Trial Brief, 14 December 2012, paras 343-375.<br />

3873 Prosecution Final Trial Brief, 14 December 2012, paras 343-375.<br />

Case No. IT-03-69-T 675<br />

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

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