30 May 2013 - ICTY

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TO. 5060 The other one went through the Serbian DB and the MUP down to the Krajina police,
the special volunteer units, the regular police, and DB units. 5061
2377. In assessing the intention of the Accused I recall that the Trial Chamber has found that,
prior to the attack in Lovinac 5062 in June 1991, Simatović, Martić, and Dušan Orlović
discussed its objective as being to connect Gračac with other Serb territory and to have as
much of the local population as possible leave, in order to establish a purely Serb territory.
Simatović participated in and directed Unit members during the attack. 5063 Witness JF-039
testified that the train had the objective of intimidating the villagers into leaving Lovinac. 5064
Milan Babić testified that those who orchestrated the attack on Lovinac, including Franko
Simatović, burned and looted the villages in the Lovinac area. Simatović later even boasted to
Babić that he had “razed” the village of Lovinac. Even if the attack on Lovinac could give the
impression of having a “military” objective, and despite the fact that the attackers had been
“unsuccessful” 5065 in taking over the village of Lovinac and driving out its population, the
factual witness evidence relevant to determining the mens rea of its attackers leaves me in no
doubt as to the attack’s true purpose: Simatović, Orlović and Martić intended to deport the
non-Serbs from Lovinac.
2378. In addition to the training provided by the Unit, the Accused organized the Unit’s
involvement in operations in the SAO Krajina between June and August 1991. 5066 The
evidence was insufficient to establish that crimes were committed during these 1991
operations conducted by the Unit. Nonetheless, I consider that through these operations, the
Accused assisted and contributed to Milan Martić’s callous and carefully coordinated attacks
on largely undefended towns in the SAO Krajina in 1991, which resulted in a vast ethnically
cleansed area.
2379. Further, the Trial Chamber found that Stanišić acted in a liaison capacity in the
contacts between Milošević and Martić, when he passed on messages and information, but
5060 P1877 (Milan Babić, Martić transcript, 15-17, 20-21 February, and 2-3, and 6 March 2006), p. 1567; P1878
(Milan Babić, Slobodan Milošević transcript, 18-22, 25-26 November, and 2-4, 6, and 9 December 2002), p.
13129.
5061 P1877 (Milan Babić, Martić transcript, 15-17, 20-21 February, and 2-3, and 6 March 2006), p. 1567; P1878
(Milan Babić, Slobodan Milošević transcript, 18-22, 25-26 November, and 2-4, 6, and 9 December 2002), p.
13129.
5062 I refer to the Trial Chamber’s findings in chapter 3.1.7.
5063 See the Trial Chamber’s findings in chapters 3.1.7 and 6.3.2
5064 See the evidence of Witness JF-039 reviewed in chapter 3.1.7.
5065 As reviewed in chapter 3.1.7.
5066 I refer to the Trial Chamber’s findings in chapters 6.3.2 and 3.7.1, with regard to the Lovinac, Plitvice, Glina,
and Struga operations.
Case No. IT-03-69-T 856
30 May 2013