30 May 2013 - ICTY

49253
autumn 1991 or in the beginning of 1992, Kostić also participated in organising the transport
of 100-300 weapons from Belgrade to Zvornik. The Trial Chamber further considered the
evidence of Witness B-161 that Pavlović had played the biggest role in arming of the Serb
paramilitaries and other units. The Trial Chamber found that Witness JF-026’s hearsay
evidence about Pavlović organizing weapons distribution together with the head of the
Loznica DB lacked sufficient foundation. Although it accepted the possibility that Kostić and
Pavlović participated in organising deliveries of weapons to the Zvornik TO and that Pavlović
had some contact with Milan Tepavčević, in the absence of any further evidence about the
role of the Accused in these arming activities, the Trial Chamber was unable to conclude that
the acts of Kostić and Pavlović can be attributed to the Accused. In my view, given the links
between Kostić, Pavlović, and the Serbian DB, I do not consider that evidence concerning the
direct role of the Accused was required in order to demonstrate their involvement in these
arming activities. I do not find it credible that Kostić and Pavlović decided to arm the Zvornik
TO of their own initiative. Nor do I consider that they decided that the weapons had to be
provided by the Serbian DB. I have been unable to persuade myself that either of these
conclusions would be reasonable. I conclude that the only reasonable interpretation of the
evidence is that through Kostić and Pavlović, the Accused substantially contributed to the
commission of the crimes in Zvornik, which they themselves intended to be committed.
Conclusion
2402. I believe that it has been established beyond a reasonable doubt by the evidence
reviewed in the Judgement, that the Accused:
- created at least one paramilitary unit that operated throughout the war. The Unit was at the
root of the ethnic cleansing in Croatia, and committed crimes with the aim of deporting the
non-Serbian population from large territories;
- set up training camps, the first of which was Golubić. These training camps provided
military training for the Accuseds’ own paramilitary unit, the Unit, as well as the SAO
Krajina Police and others;
- engaged the Unit with the knowledge that it had already carried out criminal activities in
collaboration with others in many military operations with a criminal objective;
- had, and maintained, control over the men who were directly responsible for ethnic
cleansing, such as Martić, Arkan, and Hadžić, and provided them with the means to achieve
their goals and guided them in their task;
Case No. IT-03-69-T 865
30 May 2013