30 May 2013 - ICTY

49326
6.7 Other Serb forces
6.7.1 Introduction
2218. According to the Indictment, the Accused directed and organised the formation of, and
the financing, training, logistical support and other substantial assistance or support to
numerous Serb Forces, including members of volunteer formations such as Chetniks or
Šešelj’s men. 4676 The Indictment also alleges that the Accused failed to instruct these Serb
Forces to refrain from committing unlawful acts. 4677 The Prosecution specified that it no
longer alleges that the Accused contributed in all the different forms charged in the
Indictment (forming, training, financing, etc.) for each of these units. 4678 The Trial Chamber
hereby takes note of the withdrawal of these allegations.
2219. In its Final Trial Brief, the Prosecution only makes specific submissions about the
police and the TO of the SBWS, and the Zvornik TO, which will be addressed below. Having
nevertheless reviewed the evidence on the Accused’s contribution to other units, as alleged in
the Indictment, the Trial Chamber is unable to conclude that the Accused played any role visà-vis
these units. Consequently, it will not make any specific findings in this respect.
6.7.2 The Accused directed and organized the formation of the SBWS police and TO units
2220. In its Final Trial Brief, the Prosecution submits that Stanišić embedded Serbian DB
operatives, including Kostić and Kojić, in key positions in the SAO SBWS and that the
Serbian DB facilitated the establishment of the SBWS police forces. 4679 In relation to the
above charges, the Trial Chamber has received evidence from several witnesses as well as
through documentary materials.
2221. Borislav Bogunović, the SBWS Minister of Interior between May and December
1991, 4680 testified that on 7 January 1991, the Serb National Council of the SAO SBWS was
set up. 4681 Hadžić was elected president, Borislav Bogunović was elected vice-president, and
4676 Indictment, paras 3, 5-6, 15(b) and (c). In respect of some of these units, the Trial Chamber has addressed the
Accused’s alleged contribution through the different forms charged in the Indictment. See for example the Trial
Chamber’s discussion in chapter 6.4.4 in relation to Banja Luka 1995 for the alleged role of the Accused vis-àvis
the PJP.
4677 Indictment, paras 5-6, 15 (c).
4678 Prosecution Final Trial Brief, 14 December 2012, para. 187, footnote 528.
4679 Prosecution Final Trial Brief, 14 December 2012, paras 49-58.
4680 P553 (Borislav Bogunović, witness statement, 6 June 2003), paras 6, 8, 73; Borislav Bogunović, T. 6005.
4681 P553 (Borislav Bogunović, witness statement, 6 June 2003), para. 7.
Case No. IT-03-69-T 792
30 May 2013