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30 May 2013 - ICTY

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49259<br />

2386. The most important tools of the Serbian DB in the SAO SBWS were Kostić and Kojić.<br />

Illija Kojić was appointed minister of defence in September 1991. Kojić’s position vis-à-vis<br />

the MUP was not very clear at that time. What is known, is that in August 1991 he was<br />

delivering weapons that he had received from Stanišić, 5083 and that in mid-July 1991 he was<br />

already linked to Kostić, and viewed as working for the Serbian DB. 5084<br />

2387. In relation to Kostić and Kojić, I recall that the Trial Chamber found that Ilija Kojić<br />

was the first commander of the SAO SBWS TO, and that Radoslav Kostić worked for the<br />

SBWS police and was also an employee of the Serbian DB. However, the majority considered<br />

that it had not received conclusive evidence showing that in his capacity as TO commander,<br />

Kojić was influenced by, or acted at the orders or instructions of the Accused. The majority<br />

further considered that the mere fact that Kostić was employed by the Serbian DB at the<br />

relevant time did not mean that his acts could be attributed to the Accused and that there was<br />

no conclusive evidence that Kostić played a role in the formation of the SBWS TO and police.<br />

In relation to the role of Kojić and Kostić in the arming of the SBWS forces, the majority was<br />

unable to conclude that they acted at the behest of the Accused or that the Accused played any<br />

role in arranging the distribution of weapons. 5085<br />

2388. I consider that the majority erred in making these findings, and that the acts of Kostić<br />

and Kojić were carried out on behalf of Stanišić. Witness JF-032 testified that, when Stanišić<br />

came to Dalj in late September 1991 to discuss the situation of Vukovar with, inter alia,<br />

Hadžić, he was accompanied by Kojić and Kostić. 5086 The witness further testified that he had<br />

been present at a meeting in Belgrade considering the assistance that the police of the SBWS<br />

was supposed to receive. During the meeting, Jovica Stanišić came into the room, and<br />

introduced himself as head of the DB. Kojić and Kostić, who also showed up at some point,<br />

told the witness to address them in future, with regard to equipment and assistance. Following<br />

large deliveries of weapons from Serbia, Ilija Kojić told the witness that the deliveries were<br />

organized by the Novi Sad DB, and Kostić and Šarac were in charge of the weapon<br />

transfers. 5087 Witness JF-0<strong>30</strong> testified that two men from the Serbian DB frequently visited<br />

5083 Borivoje Savić, T. 1758-1759.<br />

5084 P402 (Witness JF-032, Slobodan Milošević transcript, 29-31 January 2003), pp. 151<strong>30</strong>-15143; P2091<br />

(Witness JF-0<strong>30</strong>, witness statement, 21 August 2003), paras 7-14; See P553 (Borislav Bogunović, witness<br />

statement, 6 June 2003), para. 33<br />

5085 See chapters 6.7.3 and 6.7.4.<br />

5086 The testimony of the witness was considered in chapter 6.9, and referenced by the Trial Chamber as<br />

inconclusive with regard to the link between the Accused and Kojić.<br />

5087 See chapters 6.7.3 and 6.7.4.<br />

Case No. IT-03-69-T 859<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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