30 May 2013 - ICTY

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2163. Radoslav Maksić, a Serb member of the Krajina TO Staff from September to
December 1991, 4564 testified that from September to December 1991, the armed forces of the
SAO Krajina were composed of the JNA 9th Corps, the MUP police, and municipal TO
units. 4565 According to Witness JF-041, a Serb from Knin municipality, 4566 the TO was in
charge of territory and people defending the territory, while the national defence was in
charge of carrying out mobilization and selecting personnel. 4567 The military was responsible
for war operations, while the police were responsible for mopping up the terrain after
operations. 4568 Though separate institutions, in 1991, the TO, the police, and the secretariat for
national defence worked together with the JNA on security matters and their respective
commands and secretaries were in daily contact. 4569
2164. On 9 October 1991, SAO Krajina President Milan Babić ordered that all militia units
in the Krajina region be resubordinated to the competent TO official in preparing and
executing combat tasks. 4570 Maksić testified that he was not aware of the existence of such
order and that, in any event, such resubordination would not have been possible according to
the law in force at the time. 4571 The Trial Chamber has not received any evidence that this
order was enforced. To the contrary, the evidence below, including that of Babić, and
Martić’s letter to the Serbian Minister of Interior from February 1992, 4572 suggests that the
police and the TO remained separate entities. Maksić further testified that Martić had
advocated that the TO be subordinated to the MUP alongside the police, but the TO units
were in fact separate from the police and the SAO Krajina MUP, and, although they shared
similar tasks, the organizations never had a joint command. 4573
4564 P951 (Radoslav Maksić, Martić transcript, 6-7 February 2006), pp. 1134-1136, 1139-1140, 1155-1156,
1220, 1230, 1239, 1260; Radoslav Maksić, T. 6866, 6869; P952 (Order to dispatch 16 persons to the SAO
Krajina TO garrisons, signed by Gojko Krstić, 20 September 1991), pp. 1-2; P956 (Order on the organization of
the SAO Krajina TO staff, signed by Đuro Pekić, 3 October 1991), p. 1..
4565 Radoslav Maksić, T. 6879.
4566 P1545 (Witness JF-041, Pseudonym sheet); P1546 (Witness JF-041, witness statement, 18 February 2005),
p. 1, paras 3, 7, 12-15; P1548 (Witness JF-041, Martić transcript, 23-25 May 2006), pp. 4374-4377, 4391, 4393,
4399, 4500.
4567 P1548 (Witness JF-041, Martić transcript, 23-25 May 2006), p. 4442.
4568 P1546 (Witness JF-041, witness statement, 18 February 2005), para. 44.
4569 P1548 (Witness JF-041, Martić transcript, 23-25 May 2006), pp. 4441-4442.
4570 Radoslav Maksić, T. 6981; P1124 (Order signed by Milan Babić, 9 October 1991).
4571 Radoslav Maksić, T. 6981-6982.
4572 P970 (Letter to the MUP Minister Sokolović regarding provision of resources, signed by Milan Martić, 10
February 1992).
4573 P951 (Radoslav Maksić, Martić transcript, 6-7 February 2006), pp. 1150-1151; Radoslav Maksić, T. 6873;
P955 (Organizational chart of the SAO Krajina TO on 1 September 1991, prepared by Radoslav Maksić, 26
January 2005).
Case No. IT-03-69-T 773
30 May 2013