30 May 2013 - ICTY

49268
and the surrounding Serbian villages, which would be a difficult task and that the chances to
return alive were slim if they failed to succeed. 5042 The Trial Chamber also recalls the
evidence indicating the military character of the training at the Unit camps, see chapter 6.9.
As reviewed in chapter 6.9, the majority, Judge Picard dissenting, did not find that the
Accused intended the forcible and permanent removal of non-Serbs from large areas of
Croatia and Bosnia-Herzegovina. The Trial Chamber recalls the Appeals Chamber’s holding
that in most cases, the provision of general assistance which could be used for both lawful and
unlawful activities will not be sufficient, alone, to prove that this aid was specifically directed
to the crimes of the principal perpetrators. 5043 The majority, Judge Picard dissenting, allows
for the reasonable conclusion that the Accused’s assistance to the Bosanski Šamac and Doboj
operations and to the Unit generally was not specifically directed towards the commission of
the crimes of murder, deportation, forcible transfer, or persecution. Rather, such assistance
may have been directed towards establishing and maintaining Serb control over these areas.
As such, the majority, Judge Picard dissenting, is unable to conclude that the assistance
rendered to the Unit by the Accused aided and abetted the crimes in Doboj and Bosanski
Šamac.
2361. The Trial Chamber recalls its findings in chapters 6.3, 6.4, 6.5, 6.6, and 6.7 that the
Unit was the only group directly subordinate to the Accused. The Trial Chamber also found
that there were certain links, albeit looser when compared to the Unit, between the Accused
and other groups, for example with the SAO Krajina Police or the SDG (see chapters 6.4 and
6.6). The Accused’s contributions vis-à-vis other groups were of a similar nature (including
financing, supplying, organising involvement, supporting, and training). Furthermore, in none
of the incidents where members of these other groups committed crimes, did the Accused play
any more specific role in providing assistance. Moreover, all of the crimes were committed in
the context of military operations. The majority, Judge Picard dissenting, recalls its findings
on the Accused’s mens rea (see chapters 6.9 and 6.10) and its finding that the kind of
assistance rendered to the Unit, the group most closely linked to the Accused, is insufficient to
incur criminal responsibility as an aider and abettor. Therefore, for the reasons set out above,
the majority, Judge Picard dissenting, is unable to conclude that the Accused aided and
abetted crimes perpetrated by the SDG, the SAO Krajina Police, the Skorpions, or other
groups.
5042 See chapter 6.3.3 in relation to the Pajzoš camp.
5043 See chapter 5.2.
Case No. IT-03-69-T 850
30 May 2013