30 May 2013 - ICTY

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2326. As set out above, the Trial Chamber concludes that it may have been reasonably
foreseeable to Stanišić that Unit members would commit crimes in Doboj municipality in
1992 and considers it likely that Stanišić knowingly deployed them in operations, including in
Skelani in 1993, in which they cooperated with other forces and were subordinate to other
persons who may have had the intent to further the alleged common criminal purpose.
However, the majority, Judge Picard dissenting, does not consider that the only reasonable
inference from Stanišić’s actions with regard to the Unit’s operations is that he shared the
intent to further the alleged common criminal purpose of forcibly and permanently removing
the majority of non-Serbs from large areas of Croatia and Bosnia-Herzegovina. The majority,
Judge Picard dissenting, allows for the reasonable possibility that Stanišić’s intent in relation
to the Unit’s operations was limited to establishing and maintaining Serb control over large
areas of Croatia and Bosnia-Herzegovina. The majority understands the evidence so as that it
may have been reasonably foreseeable that crimes would be committed during the
establishing and maintaining of Serb control but to be insufficient for the first form of JCE
liability. Under these circumstances, the majority, Judge Picard dissenting, does not consider
the evidence of Stanišić’s actions in relation to the Unit’s operations, in itself or in light of the
totality of the evidence regarding the Accused, sufficient to establish beyond a reasonable
doubt that Stanišić shared the intent to further the alleged common criminal purpose through
the commission of crimes.
2327. The Trial Chamber now turns to what can be inferred from the Accused’s actions with
regard to the training of Serb forces between 1991 and 1995. The Trial Chamber recalls that
in 1991, Simatović cooperated with Martić and Captain Dragan in the establishment and
operation of a training camp at Golubić, which the Accused financed. 4992 Simatović also
brought fuel, vehicles, supplies, and equipment to the camp. The Accused organized the
training in 1991 of Unit members, 350-700 SAO Krajina Police and SAO Krajina TO
members, and of forces known as the Kninžas at the Golubić camp and the Knin fortress. 4993
In September and October 1991, the Accused visited the Ležimir camp and told Unit
members they would act as instructors or trainers. 4994 In June 1992, Simatović met with local
municipal leaders in Bajina Bašta to discuss the establishment of training camps with
instructors from Serbia. 4995
4992 In this respect, the Trial Chamber recalls its findings in chapter 6.3.2 in relation to the Golubić camp.
4993 In this respect, the Trial Chamber recalls its findings in chapter 6.3.2 in relation to the Unit’s formalization.
4994 In this respect, the Trial Chamber recalls its findings in chapter 6.3.3 in relation to the Ležimir camp.
4995 In this respect, the Trial Chamber recalls its findings in chapter 6.3.3 in relation the Skelani camp.
Case No. IT-03-69-T 836
30 May 2013