30 May 2013 - ICTY

49269
planning meeting before the attack and commanding a group in combat. 5041 With regard to
Simatović’s acts, the majority, Judge Picard dissenting, recalls that in chapter 6.10 it assessed
the related evidence to be inconclusive. With regard to Stanišić’s acts, the majority, Judge
Picard dissenting, recalls that it assessed the related evidence as set out in chapter 6.9 to be
inconclusive as to Stanišić’s mens rea in relation to the crimes of deportation and forcible
transfer. The majority, Judge Picard dissenting, further considers the evidence to be
inconclusive as to whether Stanišić’s actions assisted, encouraged, or lent moral support to the
commission of a crime. As a result, the majority, Judge Picard dissenting, will not further
consider these acts of the Accused.
2359. With regard to the Accused’s acts towards the Unit, the Trial Chamber recalls its
findings in chapters 3.4.1, 3.4.2, 3.5.2, 4.3.2, and 4.4.2 that members of the Unit committed
the crimes of murder and persecution in Crkvina, Bosanski Šamac municipality, on 7 May
1992, as well as deportation, forcible transfer, and persecution in Bosanski Šamac and Doboj
municipalities. The Trial Chamber further recalls its findings in chapters 6.3.2 and 6.3.3 in
relation to the Ležimir camp that the Accused directed and organized the formation of the
Unit between May and August 1991, and that from at least September 1991, the Accused
were in command of the Unit and controlled its deployment and training activities through
leading Unit members who acted on behalf of the Accused and were immediately subordinate
to them. The Trial Chamber further recalls its findings in 6.3.3 in relation to the Pajzoš and
the Mount Ozren and Vila camps that the Accused organized the Unit’s involvement during
the Bosanski Šamac and Doboj operations in 1992, organized the training of its members at
the Doboj and Pajzoš camps, and organized their financing. The Trial Chamber finds that
these contributions of the Accused assisted the commission of the crimes.
2360. In assessing whether this assistance had a substantial effect on the perpetration of the
crimes, the Trial Chamber now turns to whether the Accused’s acts were specifically directed
to assist the perpetration of the crimes of murder, deportation, forcible transfer, and
persecution in Doboj and Bosanski Šamac municipality. In this respect, the Trial Chamber
considers that the Accused were not physically present together with the Unit during these
two operations. As for organising the involvement of the Unit in the Bosanski Šamac
operation, the Trial Chamber recalls that Simatović visited the Unit at the Pajzoš camp in Ilok
and briefed them on the upcoming operation in Bosanski Šamac. In this respect, the Trial
Chamber recalls that Simatović stated that the Unit’s objective was to secure Bosanski Šamac
5041 Prosecution Final Trial Brief, 14 December 2012, para. 767.
Case No. IT-03-69-T 849
30 May 2013