30 May 2013 - ICTY

49270
6.11 Other modes of liability
2355. Planning and ordering. The Prosecution alleges planning and ordering as additional
modes of liability in relation to all crimes charged in the Indictment. 5035 In its Final Trial
Brief, the Prosecution argues that the Accused planned and/or ordered the alleged crimes in
Glina, Struga, and Lovinac as reflected in chapter 3.1.7, in Vukovar as reflected in chapter
3.2.6, and in Bosanski Šamac and Doboj as reflected in chapters 3.4 and 3.5 respectively. 5036
The Trial Chamber recalls its findings from chapters 4.3.2, 4.4.2, 4.5.2, and 6, and considers
that it has not been proven beyond a reasonable doubt that the Accused planned and/or
ordered the crimes referenced in the aforementioned chapters, nor any of the other crimes
charged in the indictment.
2356. Aiding and abetting. The Prosecution alleges aiding and abetting as an additional mode
of liability in relation to all crimes charged in the Indictment. 5037 In its Final Trial Brief, the
Prosecution specifically argues that the Accused aided and abetted the alleged crimes in the
SAO Krajina, specifically Lovinac, in the SAO SBWS, specifically Vukovar, in Bijeljina,
Zvornik, Bosanski Šamac, Doboj, Trnovo, and Sanski Most. 5038 The Trial Chamber will first
assess whether the Accused’s alleged direct participation in the attacks on Lovinac and
Vukovar aided and abetted crimes committed during these attacks. It will then analyze
whether the Accused’s acts and conduct vis-à-vis certain groups, in particular the Unit, aided
and abetted any crimes.
2357. In relation to Lovinac, the Prosecution submits that Simatović’s personal participation
in “an attack designed to promote ethnic cleansing” had a substantial effect on the crimes of
deportation and forcible transfer. 5039 The Trial Chamber recalls that its analysis in chapter
3.7.1 that there was insufficient evidence to conclude that the crimes of deportation, forcible
transfer, or persecution were committed in the attack on Lovinac in June 1991. As a result,
there is no crime to hold Franko Simatović criminally responsible for aiding and abetting.
2358. In relation to Vukovar, the Prosecution submits that Stanišić aided and abetted crimes
in Vukovar by “personally involving himself in the leadership of the Vukovar operation”. 5040
The Prosecution further submits that Simatović aided and abetted these crimes by attending a
5035 Indictment, paras 10, 16-17, 25, 63, 66.
5036 Prosecution Final Trial Brief, 14 December 2012, paras 731, 736, 747, 753.
5037 Indictment, paras 10, 16-17, 25, 63, 66.
5038 Prosecution Final Trial Brief, 14 December 2012, paras 762-782.
5039 Prosecution Final Trial Brief, 14 December 2012, para. 765.
5040 Prosecution Final Trial Brief, 14 December 2012, para. 767.
Case No. IT-03-69-T 848
30 May 2013