30 May 2013 - ICTY

30 May 2013 - ICTY 30 May 2013 - ICTY

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49282 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

49281 2328. In addition to the training of SAO Krajina Police, between 1991 and 1995, the Accused organized the training of members of other Serb forces. These forces included members of the Unit/the JATD, the SBWS MUP, police units, the VRS, the Skelani TO, the SVK, the JNA, and paramilitary units known as “Karaga’s men” and the “Miće group”. The training took place at training camps in Ležimir, Brčko, Pajzoš, Doboj, Tara, Skelani, Bratunac, Sova, Bilje, Zirište, the Surčin airport, the Banjica security centre, and Lipovica. 4996 2329. The training provided at these camps was of a military nature. For example, training at Golubić included weapons and ambush training and training at Skelani included tactical exercises, physical conditioning and firing practice. 4997 Training at Golubić also included the treatment of POWs and the treatment of civilians in armed conflict. 4998 However, at Doboj, apart from general combat training, the Unit also trained its members in the use of human shields. 4999 2330. The evidence received does not establish to what extent the Accused determined the specific content of the training at Doboj or other camps. In view of its findings, the Trial Chamber is satisfied the Accused organized the combat training of the aforementioned Serb forces. In some instances, members of the aforementioned Serb forces committed serious crimes against persons of non-Serb ethnicity in Croatia and in Bosnia-Herzegovina. For example, SAO Krajina Police who had previously been trained at Golubić participated in the attack on Saborsko. 5000 However, in view of the overall nature of the training provided, the majority, Judge Picard dissenting, does not consider that the only reasonable inference from Stanišić’s actions with regard to the Unit’s training of Serb forces 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. In this respect, the majority, Judge Picard dissenting, does not consider its finding that on one occasion in Doboj, the Unit trained its members in an unlawful means of warfare (the use of human shields), in itself, indicative of the intent to forcibly and permanently remove non-Serbs from certain areas. The majority, Judge Picard dissenting, allows for the reasonable possibility that Stanišić’s intent in relation to the Unit’s training of Serb forces was limited to assisting these forces in establishing and maintaining Serb control over large areas of Croatia and Bosnia- 4996 In this respect, the Trial Chamber recalls its findings in chapter 6.3.3 in relation to the Ležimir, Brčko, Pajzoš, Mount Ozren and Vila, Tara, Skelani, Bratunac, and Bilje camps. 4997 In this respect, the Trial Chamber recalls its findings in chapters 6.3.2 in relation to the Golubić camp and 6.3.3 in relation to the Skelani camp. 4998 In this respect, the Trial Chamber recalls its findings in chapter 6.3.2 in relation to the Golubić camp. 4999 The Trial Chamber refers to its findings in chapter 6.3.3 in relation to the Mount Ozren and Vila camps. Case No. IT-03-69-T 837 30 May 2013

49281<br />

2328. In addition to the training of SAO Krajina Police, between 1991 and 1995, the<br />

Accused organized the training of members of other Serb forces. These forces included<br />

members of the Unit/the JATD, the SBWS MUP, police units, the VRS, the Skelani TO, the<br />

SVK, the JNA, and paramilitary units known as “Karaga’s men” and the “Miće group”. The<br />

training took place at training camps in Ležimir, Brčko, Pajzoš, Doboj, Tara, Skelani,<br />

Bratunac, Sova, Bilje, Zirište, the Surčin airport, the Banjica security centre, and Lipovica. 4996<br />

2329. The training provided at these camps was of a military nature. For example, training at<br />

Golubić included weapons and ambush training and training at Skelani included tactical<br />

exercises, physical conditioning and firing practice. 4997 Training at Golubić also included the<br />

treatment of POWs and the treatment of civilians in armed conflict. 4998 However, at Doboj,<br />

apart from general combat training, the Unit also trained its members in the use of human<br />

shields. 4999<br />

23<strong>30</strong>. The evidence received does not establish to what extent the Accused determined the<br />

specific content of the training at Doboj or other camps. In view of its findings, the Trial<br />

Chamber is satisfied the Accused organized the combat training of the aforementioned Serb<br />

forces. In some instances, members of the aforementioned Serb forces committed serious<br />

crimes against persons of non-Serb ethnicity in Croatia and in Bosnia-Herzegovina. For<br />

example, SAO Krajina Police who had previously been trained at Golubić participated in the<br />

attack on Saborsko. 5000 However, in view of the overall nature of the training provided, the<br />

majority, Judge Picard dissenting, does not consider that the only reasonable inference from<br />

Stanišić’s actions with regard to the Unit’s training of Serb forces is that he shared the intent<br />

to further the alleged common criminal purpose of forcibly and permanently removing the<br />

majority of non-Serbs from large areas of Croatia and Bosnia-Herzegovina. In this respect, the<br />

majority, Judge Picard dissenting, does not consider its finding that on one occasion in Doboj,<br />

the Unit trained its members in an unlawful means of warfare (the use of human shields), in<br />

itself, indicative of the intent to forcibly and permanently remove non-Serbs from certain<br />

areas. The majority, Judge Picard dissenting, allows for the reasonable possibility that<br />

Stanišić’s intent in relation to the Unit’s training of Serb forces was limited to assisting these<br />

forces in establishing and maintaining Serb control over large areas of Croatia and Bosnia-<br />

4996 In this respect, the Trial Chamber recalls its findings in chapter 6.3.3 in relation to the Ležimir, Brčko,<br />

Pajzoš, Mount Ozren and Vila, Tara, Skelani, Bratunac, and Bilje camps.<br />

4997 In this respect, the Trial Chamber recalls its findings in chapters 6.3.2 in relation to the Golubić camp and<br />

6.3.3 in relation to the Skelani camp.<br />

4998 In this respect, the Trial Chamber recalls its findings in chapter 6.3.2 in relation to the Golubić camp.<br />

4999 The Trial Chamber refers to its findings in chapter 6.3.3 in relation to the Mount Ozren and Vila camps.<br />

Case No. IT-03-69-T 837<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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