30 May 2013 - ICTY

49252
- actively cooperated with Karadžić and Mladić by making their men available for the
operations to deport non-Serbs from the territories that they wished to have under their
control;
- were always aware that the crimes were, and would be, committed and that the persons
implicated in them intended to commit them. Everything was done in full cognisance of the
consequences that these crimes had for the civilian population.
2403. I would also like to stress that the operations in which the Accused participated
directly by engaging the Unit, or indirectly through the involvement of other paramilitary
groups, such as the SAO Krajina Police or the SDG, apart from Operation Pauk, were all
designed to take control of the territory by deporting the non-Serbian population. The capture
of all the non-Serbian villages and towns in the territories claimed by the Serb authorities was
systematic. In many cases, there was rarely any resistance offered. The civilian population
was always the target and, therefore, the objective of the ethnic cleansing had been achieved.
2404. I can only conclude that in this case the joint criminal enterprise was achieved and that
the Accused contributed to it knowingly and substantially. They intended that their actions
furthered the common criminal purpose.
Aiding and abetting
2405. I dissent from my colleagues in their finding that the evidence does not establish
beyond a reasonable doubt that the Accused are guilty of having aided and abetted the crimes
committed in the SAO Krajina, the SAO SBWS (and later, the RSK) and Bosnia-
Herzegovina. While I consider the jurisprudence of the Appeals Chamber in the Perišić case
to be overly restrictive, I believe – even when applying the current threshold for aiding and
abetting to the specific facts of this case – that the “specific direction” requirement can be
inferred from the Accused’s actions. The direct control of both Accused over “their” Unit as
well as the crimes committed by the Unit, combined with the substantial and knowledgeable
support the Accused gave to other paramilitary groups for whom the Trial Chamber has found
they committed the crimes charged, such as the SDG and the SAO Krajina Police, lead me to
the only reasonable conclusion: that the actions of both Accused were specifically directed to
the commission of the crimes for which they were charged.
Final conclusion
2406. The Accused in this case knowingly funded and armed criminals, and even trained
them in illegal warfare (human shields) so that they could commit the crimes which the
Case No. IT-03-69-T 866
30 May 2013