30 May 2013 - ICTY

49274
Goran Hadžić, Blagoje Adžić, Simatović, and Mihalj Kertes. 5018 The witness either knew their
names from television or he heard their names from fellow soldiers. 5019 When the witness
came into the meeting room to serve drinks, he saw a map of Vukovar on the wall, with some
positions marked. 5020 After the fall of Vukovar, the witness was present near a celebration in a
military tent, which was attended by many officers, including Mrkšić, Šljivančanin, Stojičić,
Petar Gračanin, Hadzić, Adžić, Šešelj, Arkan, Kertes, Radmilo Bogdanović, and
Simatović. 5021 Other soldiers told the witness the names of these persons. 5022
2345. The Trial Chamber recalls its findings in chapters 3.2.6 and 4.4.2 in relation to crimes
committed during and after the attack on Vukovar in November 1991, namely the deportation
of many non-Serbs from the SAO SBWS, including from Vukovar. It further recalls its
conclusion in chapters 3.2.6 and 6.3.3 in in relation to Ležimir that there is insufficient
evidence to establish whether Unit members participated in the attack on Vukovar. With
regard to Simatović’s attendance at the meeting and celebration, described by Witness JF-033,
the Trial Chamber notes that the witness did not provide any details about what was discussed
on those occasions, beyond that it was related to the attack on Vukovar, nor about Simatović’s
participation in the discussion. The majority, Judge Picard dissenting, does not consider
Simatović’s presence on those two occasions to indicate that he shared the intent to forcibly
and permanently remove the non-Serbs from Vukovar. The majority, Judge Picard dissenting,
considers that Simatović’s presence on those two occasions could also reasonably be
interpreted to indicate that his intent was limited to support for the Serb forces’ successful
military take–over of Vukovar.
2346. With regard to Operation Udar, the Prosecution submits that the goal of this operation
was to drive the Muslim population out of eastern Bosnia-Herzegovina, which was, in turn, a
part of the larger plan to create an ethnically pure corridor in the Drina river valley and
eliminate the Drina as a border between Serbian states. 5023 The Prosecution further submits
that the Unit, under Simatović’s command and in coordination with the VRS and VJ, was
active in combat operations in this area of eastern Bosnia-Herzegovina during this period. 5024
5018 P431 (Witness JF-033, prior transcript, 2-3 September 2003), pp. 6-7, 76, 78.
5019 P431 (Witness JF-033, prior transcript, 2-3 September 2003), pp. 7-8; Witness JF-033, T. 4998.
5020 P431 (Witness JF-033, prior transcript, 2-3 September 2003), p. 7; Witness JF-033, T. 4998.
5021 P431 (Witness JF-033, prior transcript, 2-3 September 2003), pp. 10, 84; Witness JF-033, T. 4998-4999,
5030-5031.
5022 Witness JF-033, T. 5030.
5023 Prosecution Final Trial Brief, 14 December 2012, paras 135, 698.
5024 Prosecution Final Trial Brief, 14 December 2012, para. 137.
Case No. IT-03-69-T 844
30 May 2013