30 May 2013 - ICTY

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Operation Udar. In that chapter, the Trial Chamber considered that the 1993 Skelani and
Bratunac operations were part of Operation Udar.
2351. In view of the documentary evidence reviewed above, the Trial Chamber finds that on
28 February 1993, Simatović took part in a planning meeting for Operation Udar, an
operation which lasted from 14 February to 25 April 1993. The Trial Chamber recalls that the
Accused organized the Unit’s involvement in combat operations in and around Bratunac
between February and August 1993 and in combat operations in the Skelani area in March
and April 1993. 5032 The Prosecution has not alleged and the Trial Chamber has not found that
any crimes were committed during or as part of this operation. The evidence does not
establish in detail what was discussed in relation to the objectives of Operation Udar at the
meeting on 28 February 1993, nor does it establish the scope of Simatović’s participation in
that discussion. The Trial Chamber further refers to its discussion of what can be inferred
from the Accused’s actions regarding the Unit’s operations above, in chapter 6.9. Under these
circumstances, the majority, Judge Picard dissenting,does not consider the evidence regarding
Simatović’s actions with regard to Operation Udar, in itself or in light of the totality of the
evidence regarding the Accused, sufficient to establish beyond a reasonable doubt that he
shared the intent to drive the Muslim population out of eastern Bosnia-Herzegovina or to
create an ethnically pure corridor in the Drina river valley.
2352. Besides the instances referred to by the Prosecution, the Trial Chamber has reviewed
evidence and made findings on the actions of Simatović in connection with a number of other
military operations. In this respect, the Trial Chamber recalls its findings in chapters 6.3.2 in
relation to the early operations and 6.3.3. in relation to the Ležimir camp that Simatović
directed the Unit during operations at Plitviće and in the SAO SBWS in August and
September 1991. 5033 In particular, around 25 August 1991, Simatović took a number of Unit
members from the Golubić camp to Plitviće, in SAO Krajina. There, the Unit members
attacked and took control of a building which had been held by Croat police. Simatović and
Ivanović had discussed the attack two to three minutes before it began. The Trial Chamber
further recalls that around September 1991, Unit members reported to Simatović on
reconnaissance operations in the SAO SBWS and that Simatović had briefed Unit members
on cooperation with the JNA prior to an operation in the same area, during which the Unit
5032 The Trial Chamber refers to its findings in chapter 6.3.3 in relation to the Skelani and the Bratunac camps.
5033 The Trial Chamber refers to its findings in chapter 6.3.2.
Case No. IT-03-69-T 846
30 May 2013