30 May 2013 - ICTY

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conclude that Stanišić directed the involvement of any of the above-mentioned Serb Forces.
This means that that he did not command them in any military operations, including when
crimes were committed. He organized the involvement of the Unit in numerous military
operations, which often meant that he deployed them to these operations where they were
placed within other command structures. The evidence reviewed in relation to a number of the
Unit’s operations points to these operations having been military actions directed against the
opposing Croat forces and does not indicate that any crimes were committed during the
operations. 5008 Stanišić’s involvement with the other Serb Forces, as recalled above, was even
less direct. Stanišić’s connection with the Serb Forces, other than the Unit, is remote and does
not indicate that he had influence or control over the members’ actions, at least in specific
operations where crimes were committed. The Trial Chamber has also considered what can be
inferred from Stanišić’s interactions and cooperation with other persons, including his actions
set out in chapter 6.8. As noted above, Stanišić cooperated with others through the Unit’s
operations and its training of other forces and through the organization of financing and other
support, as set out above. These other persons included Milan Martić, Mile Mrkšić, and Ratko
Mladić. The Trial Chamber is satisfied that Milan Martić had the intent to deport persons
from the SAO Krajina, 5009 and has reviewed evidence above indicating that Mrkšić and
Mladić may also have shared the alleged common criminal purpose. However, the majority,
Judge Picard dissenting, does not consider that it is able, on the basis of the evidence before it,
to establish beyond a reasonable doubt Stanišić’s intent to further the alleged common
criminal purpose from his interactions and cooperation with others. The Trial Chamber further
refers to its conclusions in chapter 6.10.
2336. Based on the foregoing, the majority, Judge Picard dissenting, cannot conclude that the
only reasonable inference from the evidence on Stanišić’s actions, as described above, is that,
from April 1991 through 1995, he 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 (or through only deportation and forcible transfer).
5008 The Trial Chamber refers to the evidence reviewed in chapters 6.3.2 and 6.3.3 in relation to the Ležimir
camp.
5009 The Trial Chamber refers to chapter 4.4.2.
Case No. IT-03-69-T 841
30 May 2013