30 May 2013 - ICTY

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came under fire from Croatian forces. 5034 The evidence reviewed in chapters 6.3.2 in relation
to the early operations and 6.3.3. in relation to the Ležimir camp 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.
2353. Furthermore, with regard to what can be inferred from the Accused’s other actions
with regard to the Unit’s operations and its training of Serb forces and his other actions
regarding the SAO Krajina Police, the SDG, the Skorpions, and other Serb Forces, the
majority, Judge Picard dissenting, refers its discussion in chapter 6.9. In this respect, the
majority has also considered its findings in chapter 6.5.3 that in 1994 and 1995 Simatović
organized the involvement of the SDG in the Pauk and Trnovo operations.
2354. In conclusion, as set out above, Simatović participated in a discussion of the objectives
of the attack on Lovinac, which included the objective to have as much of the local population
leave as possible in order to establish a purely Serb territory. This evidence indicates that
Simatović was at least aware of Martić’s intent to, and may have shared the intent to, forcibly
remove Croat civilians from the village of Lovinac in June 1991, even if the evidence does
not establish with sufficient certainty whether persons actually left Lovinac during or
immediately following the attack. There is no other evidence directly indicating that
Simatović shared the alleged common criminal purpose. The indication with regard to
Lovinac has to be considered in light of the totality of the evidence regarding Simatović’s
actions during the Indictment period between 1991 and 1995. In reviewing the attack on
Lovinac in light of the totality of the evidence before it, the majority, Judge Picard dissenting,
is unable to establish beyond a reasonable doubt from the evidence on Simatović’s actions, as
described above, 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).
5034 The Trial Chamber refers to its findings in 6.3.3 in relation to the Ležimir camp.
Case No. IT-03-69-T 847
30 May 2013