30 May 2013 - ICTY

49290
6.9 Mens rea of Jovica Stanišić
2305. According to the Indictment, from no later than April 1991 until at least 31 December
1995, Jovica Stanišić shared the intent to further the common criminal purpose of forcibly and
permanently removing the majority of non-Serbs from large areas of Croatia and Bosnia-
Herzegovina, through the commission of murder, deportation, forcible transfer, and
persecution. Alternatively, the common criminal purpose was to forcibly and permanently
remove non-Serbs from these areas through deportation and forcible transfer, and the crimes
of persecution and murder were reasonably foreseeable to Stanišić. 4949
2306. The Prosecution argues that the Accused’s contributions to the criminal plan reflected
their intent, “particularly their massive and complex arming and training schemes, which
stretched across the entire Indictment area during the Indictment period, and their repeated
pattern of deploying [the Unit, the SDG, and the Skorpions]”. 4950 In addition, in its Final Trial
Brief, the Prosecution refers to discrete examples of actions taken, or words uttered, which
allegedly demonstrate that Stanišić shared the common criminal purpose. 4951 The Trial
Chamber will first review the evidence on these specific examples, and proceed to analyse
what can be inferred with regard to Stanišić’s intent from his actions (which are dealt with in
detail in chapters 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8).
2307. With regard to “words uttered”, the Prosecution refers specifically to a telephone
conversation between Stanišić and Radovan Karadžić on 22 January 1992. 4952 In this
conversation, Karadžić informed Stanišić that they had had talks with the Croats who,
according to him, were also worried about the plebiscite and a sovereign Bosnia-Herzegovina.
Karadžić had informed the Croats that “we do not want any division of [Bosnia-Herzegovina],
because it is both unpopular and unnecessary”. 4953 Karadžić stated that he had told a man
close to Tuđman that the Serbs and Croats might resolve their contentious issues within a
month or two. He continued: “With elasticity and goodwill they could settle their
disagreement. Otherwise, they are in for thirty years of torture. With the Blue Helmets, with
disagreements, with all sorts of things …”. Stanišić then said: “With killings.” and continued:
“No. We’ll then have to push them to go to Belgrade, you know! […] There is nothing else
4949 Indictment, paras 11, 14.
4950 Prosecution Final Trial Brief, 14 December 2012, para. 685.
4951 Prosecution Final Trial Brief, 14 December 2012, paras 687-695
4952 Prosecution Final Trial Brief, 14 December 2012, paras 687-689. See P690 (Intercepted telephone
conversation between Radovan Karadžić and Jovica Stanišić, 22 January 1992).
4953 P690 (Intercepted telephone conversation between Radovan Karadžić and Jovica Stanišić, 22 January 1992),
p. 5.
Case No. IT-03-69-T 828
30 May 2013