30 May 2013 - ICTY

49283
issued a directive to VRS forces, in which he instructed the Drina Corps in the wider Podrinje
region to force the enemy to leave the Birač, Žepa, and Goražde areas together with the
Muslim population. 4987 The evidence further indicates that immediately prior to the 1993
operations, Mrkšić gave a speech to VJ troops saying that Bosnian Muslims had taken the
town of Skelani and that the area had to be cleansed of Muslims, because Serbia was in
danger. 4988 The evidence does not establish that Mrkšić or Mladić discussed their intent with
Stanišić or that Stanišić was otherwise informed of the directives and speeches Mrkšić and
Mladić gave to the members of their armed forces. Nonetheless, in light of the totality of the
evidence before it, the Trial Chamber considers it likely that Stanišić would have been aware
of their intent, but still deployed the Unit in operations in which it cooperated with members
of the VRS and the VJ and was subordinate to Mrkšić. The Trial Chamber will further
address this matter below.
2325. The Trial Chamber understands the above crimes in Bosanski Šamac and Doboj to
have been committed in the context of the Unit’s operations in those areas in early 1992.
These operations involved taking over territory that was not yet under the exclusive control of
the Bosnian Serb municipal leadership and the Bosnian Serb armed forces. 4989 In this respect,
these operations resemble the Unit’s other operations. For example, the evidence indicates
that the Unit’s early operations in the SAO Krajina and the SAO SBWS in mid-to-late 1991
included reconnaissance activities of and attacks on territory not yet under the exclusive
control of the SAO Krajina and SAO SBWS authorities and armed forces. 4990 Further, the
evidence indicates that the Unit’s later operations, including the Bratunac and Skelani
operations in 1993 and the SBWS operations in 1995 were undertaken in response to military
attacks by opposing forces, namely Naser Orić’s forces’ attacks in the Drina valley region in
January 1993 and the Croatian forces’ Operation Storm in the RSK in August 1995. 4991 With
the exception of the Bosanski Šamac and Doboj operations in 1992, the Trial Chamber has
not found that Unit members committed crimes during the operations in which they were
involved.
4987 The Trial Chamber refers to the VRS directive in evidence as P385 reviewed in chapter 6.10.
4988 See the evidence of Witness JF-033 reviewed in chapter 6.3.3 in relation to the Skelani camp.
4989 The Trial Chamber refers to its findings in 3.4.2 and 3.5.2 on the attacks and take-overs of territory,
including the take-overs of Doboj town and Bosanski Šamac town.
4990 The Trial Chamber refers to its findings in chapters 3.1.7, 6.3.2, and 6.3.3 on the attacks and take-overs of
territory, including attacks on Glina and Struga and reconnaissance operations in the SBWS.
4991 The Trial Chamber refers to the evidence reviewed in chapter 6.3.3 in relation to the Tara, Skelani, and
Bratunac camps and chapter 6.5.3 in relation to the SBWS operations in 1995.
Case No. IT-03-69-T 835
30 May 2013