30 May 2013 - ICTY
30 May 2013 - ICTY 30 May 2013 - ICTY
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
- Page 349 and 350: 49333 2193. The Trial Chamber has r
- Page 351 and 352: 49331 formal establishment on 29 Ma
- Page 353 and 354: 49329 Chamber observes that after i
- Page 355 and 356: 49327 6.6.4 The Accused failed to i
- Page 357 and 358: 49325 Ilija Končarević was appoin
- Page 359 and 360: 49323 accordance with these instruc
- Page 361 and 362: 49321 requested Milošević to orde
- Page 363 and 364: 49319 to the Accused. In the view o
- Page 365 and 366: 49317 Administration in Belgrade, a
- Page 367 and 368: 49315 2244. According to Witness JF
- Page 369 and 370: 49313 Selo, as it was the easiest w
- Page 371 and 372: 49311 receiving their salaries from
- Page 373 and 374: 49309 warehouse. Furthermore, in vi
- Page 375 and 376: 49307 command staff of the JNA. 482
- Page 377 and 378: 49305 Luković, “Žuča” and hi
- Page 379 and 380: 49303 Serb MUP would take care of t
- Page 381 and 382: 49301 contributions of state-owned
- Page 383 and 384: 49299 very close. Either way, recal
- Page 385 and 386: 49297 6.8 Channels of communication
- Page 387 and 388: 49295 Milošević around 20 times.
- Page 389 and 390: 49293 Belgrade to take a particular
- Page 391 and 392: 49291 Bosnian-Serb Republic into th
- Page 393 and 394: 49289 left for us to do. […] Or w
- Page 395 and 396: 49287 contributions to the discussi
- Page 397 and 398: 49285 commission of crimes, and tha
- Page 399: 49283 issued a directive to VRS for
- Page 403 and 404: 49279 cooperate with Milan Martić
- Page 405 and 406: 49277 conclude that Stanišić dire
- Page 407 and 408: 49275 2341. The Trial Chamber now t
- Page 409 and 410: 49273 2347. According to documentar
- Page 411 and 412: 49271 came under fire from Croatian
- Page 413 and 414: 49269 planning meeting before the a
- Page 415 and 416: 49267 7. Disposition 2362. The Tria
- Page 417 and 418: 49265 paramilitary operations beyon
- Page 419 and 420: 49263 arranging weapons and oversee
- Page 421 and 422: 49261 noted that Milošević was al
- Page 423 and 424: 49259 2386. The most important tool
- Page 425 and 426: 49257 members showed MUP ID cards,
- Page 427 and 428: 49255 17 April without significant
- Page 429 and 430: 49253 autumn 1991 or in the beginni
- Page 431 and 432: 49251 Accused knew (majority: must
- Page 433 and 434: 49249 activity of the Serb forces w
- Page 435 and 436: 49247 maintaining Serb military and
- Page 437 and 438: 49245 alone 350 per cent. 5113 In f
- Page 439 and 440: 49243 2422. Arrest, transfer, and i
- Page 441 and 442: 49241 Pre-trial Chamber, the Simato
- Page 443 and 444: 49239 Conference to 2 June 2009. 51
- Page 445 and 446: 49237 a gastroenterologist should e
- Page 447 and 448: 49235 complications surrounding his
- Page 449 and 450: 49233 the Prosecution’s rebuttal
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>