30 May 2013 - ICTY

49245
alone 350 per cent. 5113 In fact, generally speaking, the likelihood remains at 70 per cent. An
unambiguous pattern of links, assistance, presence, and involvement may of course increase
the likelihood of finding that the Accused shared the common criminal purpose. The pattern
emerging from the evidence presented in this case was however not consistent and not
without ambiguity in my view and hence did not lift the likelihood to a level meeting the
standard of “beyond a reasonable doubt”. In the absence of such a consistent and
unambiguous pattern and having found that certain evidence linking the Serbian DB or the
Accused to crimes had little probative weight, I was unable to determine that the Accused
shared the requisite mens rea for participation in a joint criminal enterprise.
Done in English and French, the English text being authoritative.
Dated this thirtieth day of May 2013
At The Hague,
The Netherlands
__________________
Judge Alphons Orie
5113 I am fully aware that the standard of ‘beyond reasonable doubt’ does not require one to be 100 per cent
convinced.
Case No. IT-03-69-T 873
30 May 2013