30 May 2013 - ICTY

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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
49251 Accused knew (majority: must have known) these men would ultimately commit. If we cannot find that the Accused aided and abetted those crimes, I would say we have come to a dark place in international law indeed. It is a place, in the words spoken by the Honorable Judge Robert H. Jackson in 1949, where “law has terrors only for little men and takes note only of little wrongs”. 5107 Even if the evidence would “only” establish that the Accused were indifferent that these heinous crimes be committed in pursuit of their ultimate “military” objective, I believe the majority has erred by acquitting them of all charges. Done in English and French, the English text being authoritative. Dated this thirtieth day of May 2013 At The Hague, The Netherlands ___________________ Judge Michèle Picard 5107 Robert H. Jackson, Nuremberg in Retrospect: Legal Answers to International Lawlessness, Excerpted from Canadian Bar Association address, Banff, Alberta, 1 September 1949. Case No. IT-03-69-T 867 30 May 2013
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IT-03-69-T D49681 - D49230 49681 UN
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49679 3.4.2 Incidents of deportatio
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49677 Operation Pauk November 1994-
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49675 5. The law on responsibility
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49673 According to the Appeals Cham
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49671 the plan be executed in the a
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49669 6. The Accused’s responsibi
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49667 criminal enterprise in Belgra
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49665 employ assets and methods, an
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49663 disclosed confidential inform
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49661 1281. In relation to the inve
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49659 1286. Based on the foregoing,
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49657 members of the unit did not i
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49655 Serb from Knin municipality,
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49653 1302. The Trial Chamber now t
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49651 further engagement. Simatovi
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49649 the media portrayed the train
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49647 Captain Dragan provided train
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49645 Crnogorac), Dragan Pupovac, a
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49643 witness, the MUP in Knin and
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49641 Knin, though he knew he had s
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49639 back to their original police
Page 45 and 46:
49637 but then returned to the Kraj
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49635 1360. Contrary to the Defence
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49633 commander Živojin Ivanović
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49631 Knin Fortress and Korenica ca
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49629 written autobiographies, Mile
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49627 1390. Witness JF-039 testifie
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49625 fortress between October and
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Page 61 and 62:
49621 formed, its core was made up
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49619 remained under Martić’s co
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49617 Serbian MUP. 2631 One of thes
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49615 1991. The Trial Chamber under
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49613 organized the financing, trai
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49611 they were candidates for the
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49609 1438. A few days after their
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49607 Mijović, Captain Dragiša Gr
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49605 majority of the lists. 2708 S
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49603 and bring them the money. 272
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49601 logically fit into a sequence
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49599 terrorist platoon who would s
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49597 the unit that he had met with
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49595 Western Srem. 2794 In a form
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49593 and berets as well as other i
Page 91 and 92:
49591 admitting new volunteers into
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49589 of the “Special Unit of the
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49587 1490. The Trial Chamber will
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49585 1494. The Stanišić Defence
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49583 minutes of two meetings of th
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49581 Pajzoš camp at Ilok and Bosa
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49579 knowledge engage in any comba
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49577 in Bosanski Šamac the witnes
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49575 1524. On 21 April 1992, Nikol
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49573 who remained in Ilok styled t
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49571 Ležimir camp above, the Tria
Page 113 and 114:
49569 Interior Pavle Bulatović, Bu
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49567 called Žika Crnogorac (which
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49565 1561. On 29 September 1992, C
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49563 Petar Djukić and a number of
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49561 Mount Ozren camp several time
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49559 listed amounts very high. 307
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49557 1582. The witness recognized
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49555 any insignia. 3123 They told
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49553 1592. At the Kula ceremony in
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Page 133 and 134:
49549 1606. The Trial Chamber has n
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49547 his colleague that Simatović
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49545 1619. Witness JF-048, a forme
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49543 he saw them salute him in Baj
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49541 the meeting was how to assist
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49539 specific portion of his prior
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49537 Vinko Pandurević were also p
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49535 joined the unit between May 1
Page 149 and 150:
49533 subordinate themselves to the
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49531 Special Units Command and its
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49529 witness and others were infor
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Page 157 and 158:
49525 Trial Chamber finds that the
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Page 161 and 162:
49521 subordinated to the 1st Bratu
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49519 1691. In addition to the abov
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49517 appear on JATD payment lists
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49515 from May 1993, the Unit in Br
Page 169 and 170:
49513 had given a speech at the eve
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49511 member Vasilije Mijović 3418
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49509 Knin. 3433 The biography of M
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49507 support, and other substantia
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49505 or early October 1995, the Re
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49503 1742. An intelligence report
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49501 on the frontline, regardless
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49499 6.4 The Serbian Volunteer Gua
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49497 057 is attacked in the Final
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49495 dark red berets. The SDG oper
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49493 Pelević, Witness C-015, Witn
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49491 1781. Two witnesses provided
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49489 conversation between Arkan an
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49487 1790. To the extent that TO c
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49485 1797. The witness testified t
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49483 September and October 1995, t
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49481 ordered to go to Mrkonjić Gr
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49479 1813. Based on the foregoing,
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49477 who came voluntarily to fight
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49475 supplies through his relation
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49473 1834. The Simatović Defence
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49471 reference to the Serbian MUP
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49469 Major Gavrilović, a.k.a. Brn
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49467 1853. The Trial Chamber recal
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49465 Zvornik. In light of the abov
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49463 Momčilo Krajišnik, Arkan st
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49461 could propose to the Serbian
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49459 money came from the Serbian D
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49457 authority during their deploy
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49455 6.4.5 The Accused directed an
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49453 witness that the money arrive
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49451 member was wounded, their med
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49449 Arkan needed DB approval for
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49447 from late November 1994 onwar
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49445 Chamber also finds based on t
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49443 6.5 Skorpions 6.5.1 Introduct
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49441 of the Krajina oil industry a
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49439 four Ss on the left shoulder
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49437 1931. Witness JF-027, a Croat
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Page 249 and 250:
49433 unlimited power given to him
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49431 Mrgud was to pay Arkan’s me
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49429 halted in December 1994 and r
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49427 at the Forward Command Post o
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49425 Abdić’s forces, the Serbia
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49423 Ulemek. 4026 Medić. 4027 Acc
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49421 present in Velika Kladuša. 4
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49419 Cyrillic Ss, which they used
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49417 Command: the Tactical Group 1
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49415 and heard those present there
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49411 information about the MUP uni
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49409 Slunj, in the Korenica region
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49407 that he was exaggerating, and
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49405 Court. 4189 The Trial Chamber
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49403 not received sufficient evide
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49401 headquarters. 4204 In cross-e
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49399 orders from the Serbian SDB.
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49397 MUP special unit directly con
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49395 Marić, had been killed. 4256
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49393 is unable to conclude that th
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49391 operation. In the absence of
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49389 300 men, and was stationed in
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49387 activities of the unit in Bar
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49385 finds that between late Augus
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49383 has received evidence from Wi
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49381 of Serbia in response to a re
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49379 October 1995), and that the S
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49377 2077. Witness JF-035, a Serb
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49375 with Rajo Božović. 4365 On
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49373 he only saw four of the per d
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49371 Vasilije Mijović, Dragan Fil
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49369 witness testified that the Sk
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49367 the Tara camp, and the genera
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49365 well as through documentary m
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49363 could be brought, although at
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49361 2118. Mile Bosnić testified
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49359 figure of a parallel structur
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49357 which he brought items in a b
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49355 JNA which had unlimited freed
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49353 Knin municipality, 4527 and f
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49351 2144. The Stanišić Defence
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49349 following the 1990 elections.
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49347 to assist during Belgrade’s
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49345 2163. Radoslav Maksić, a Ser
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49343 DST-043, a Serb from Knin, 45
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49341 issued in their names. 4604 T
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49339 Plaški to Bosnia, who had le
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49337 usually a civilian, designate
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49335 witness was involved in a tra
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49333 2193. The Trial Chamber has r
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49331 formal establishment on 29 Ma
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49329 Chamber observes that after i
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49327 6.6.4 The Accused failed to i
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49325 Ilija Končarević was appoin
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49323 accordance with these instruc
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49321 requested Milošević to orde
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49319 to the Accused. In the view o
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49317 Administration in Belgrade, a
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49315 2244. According to Witness JF
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49313 Selo, as it was the easiest w
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49311 receiving their salaries from
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49309 warehouse. Furthermore, in vi
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49307 command staff of the JNA. 482
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49305 Luković, “Žuča” and hi
Page 379 and 380: 49303 Serb MUP would take care of t
Page 381 and 382: 49301 contributions of state-owned
Page 383 and 384: 49299 very close. Either way, recal
Page 385 and 386: 49297 6.8 Channels of communication
Page 387 and 388: 49295 Milošević around 20 times.
Page 389 and 390: 49293 Belgrade to take a particular
Page 391 and 392: 49291 Bosnian-Serb Republic into th
Page 393 and 394: 49289 left for us to do. […] Or w
Page 395 and 396: 49287 contributions to the discussi
Page 397 and 398: 49285 commission of crimes, and tha
Page 399 and 400: 49283 issued a directive to VRS for
Page 401 and 402: 49281 2328. In addition to the trai
Page 403 and 404: 49279 cooperate with Milan Martić
Page 405 and 406: 49277 conclude that Stanišić dire
Page 407 and 408: 49275 2341. The Trial Chamber now t
Page 409 and 410: 49273 2347. According to documentar
Page 411 and 412: 49271 came under fire from Croatian
Page 413 and 414: 49269 planning meeting before the a
Page 415 and 416: 49267 7. Disposition 2362. The Tria
Page 417 and 418: 49265 paramilitary operations beyon
Page 419 and 420: 49263 arranging weapons and oversee
Page 421 and 422: 49261 noted that Milošević was al
Page 423 and 424: 49259 2386. The most important tool
Page 425 and 426: 49257 members showed MUP ID cards,
Page 427 and 428: 49255 17 April without significant
Page 429: 49253 autumn 1991 or in the beginni
Page 433 and 434: 49249 activity of the Serb forces w
Page 435 and 436: 49247 maintaining Serb military and
Page 437 and 438: 49245 alone 350 per cent. 5113 In f
Page 439 and 440: 49243 2422. Arrest, transfer, and i
Page 441 and 442: 49241 Pre-trial Chamber, the Simato
Page 443 and 444: 49239 Conference to 2 June 2009. 51
Page 445 and 446: 49237 a gastroenterologist should e
Page 447 and 448: 49235 complications surrounding his
Page 449 and 450: 49233 the Prosecution’s rebuttal
Page 451 and 452: 49231 Krnojelac Trial Judgement: Pr
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30 May 2013 - ICTY

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