30 May 2013 - ICTY

More documents

Recommendations

Info

49676 B. Table of cases with abbreviations 886 C. Confidential Appendix 889 Case No. IT-03-69-T 442 30 May 2013
49675 5. The law on responsibility 5.1 Joint criminal enterprise 1254. The Indictment charges both of the Accused as participants in a JCE, pursuant to Article 7 (1) of the Statute, for all the crimes charged. 2181 1255. In the context of the Tribunal’s jurisprudence, the JCE doctrine received its first detailed treatment in the Tadić Appeal Judgement. 2182 The Tadić Appeals Chamber found in broad terms that a person who in execution of a common criminal purpose contributes to the commission of crimes by a group of persons may be held criminally liable subject to certain conditions. 2183 The Appeals Chamber’s analysis of customary international law resulted in the identification and definition of three forms of JCE liability. In the first JCE form: all co-defendants, acting pursuant to a common design, possess the same criminal intention; for instance, the formulation of a plan among the co-perpetrators to kill, where, in effecting this common design (and even if each co-perpetrator carries out a different role within it), they [...] all possess the intent to kill. The objective and subjective prerequisites for imputing criminal responsibility to a participant who did not, or cannot be proven to have effected the killing are as follows: (i) the accused must voluntarily participate in one aspect of the common design (for instance, by inflicting non-fatal violence upon the victim, or by providing material assistance to or facilitating the activities of his co-perpetrators); and (ii) the accused, even if not personally effecting the killing, must nevertheless intend this result. 2184 1256. The second form of JCE, which is described as a type of the first form, was found to have served cases where the offences charged were alleged to have been committed by members of military or administrative units, such as those running concentration camps and comparable “systems”. 2185 1257. The third form of JCE is characterized by a common criminal design to pursue a course of conduct where one or more of the co-perpetrators commit an act which, while outside the common design, is a natural and foreseeable consequence of the implementation 2181 Indictment, paras 6, 10, 12-17, 22, 25-26, 63-64, 66. 2182 Tadić Appeal Judgement, paras 172-185. 2183 Tadić Appeal Judgement, para. 190. 2184 Tadić Appeal Judgement, para. 196. Case No. IT-03-69-T 443 30 May 2013
Page 1 and 2: IT-03-69-T D49681 - D49230 49681 UN
Page 3 and 4: 49679 3.4.2 Incidents of deportatio
Page 5: 49677 Operation Pauk November 1994-
Page 9 and 10: 49673 According to the Appeals Cham
Page 11 and 12: 49671 the plan be executed in the a
Page 13 and 14: 49669 6. The Accused’s responsibi
Page 15 and 16: 49667 criminal enterprise in Belgra
Page 17 and 18: 49665 employ assets and methods, an
Page 19 and 20: 49663 disclosed confidential inform
Page 21 and 22: 49661 1281. In relation to the inve
Page 23 and 24: 49659 1286. Based on the foregoing,
Page 25 and 26: 49657 members of the unit did not i
Page 27 and 28: 49655 Serb from Knin municipality,
Page 29 and 30: 49653 1302. The Trial Chamber now t
Page 31 and 32: 49651 further engagement. Simatovi
Page 33 and 34: 49649 the media portrayed the train
Page 35 and 36: 49647 Captain Dragan provided train
Page 37 and 38: 49645 Crnogorac), Dragan Pupovac, a
Page 39 and 40: 49643 witness, the MUP in Knin and
Page 41 and 42: 49641 Knin, though he knew he had s
Page 43 and 44: 49639 back to their original police
Page 45 and 46: 49637 but then returned to the Kraj
Page 47 and 48: 49635 1360. Contrary to the Defence
Page 49 and 50: 49633 commander Živojin Ivanović
Page 51 and 52: 49631 Knin Fortress and Korenica ca
Page 53 and 54: 49629 written autobiographies, Mile
Page 55 and 56: 49627 1390. Witness JF-039 testifie
Page 57 and 58:
49625 fortress between October and
Page 59 and 60:
49623 1401. The Trial Chamber now t
Page 61 and 62:
49621 formed, its core was made up
Page 63 and 64:
49619 remained under Martić’s co
Page 65 and 66:
49617 Serbian MUP. 2631 One of thes
Page 67 and 68:
49615 1991. The Trial Chamber under
Page 69 and 70:
49613 organized the financing, trai
Page 71 and 72:
49611 they were candidates for the
Page 73 and 74:
49609 1438. A few days after their
Page 75 and 76:
49607 Mijović, Captain Dragiša Gr
Page 77 and 78:
49605 majority of the lists. 2708 S
Page 79 and 80:
49603 and bring them the money. 272
Page 81 and 82:
49601 logically fit into a sequence
Page 83 and 84:
49599 terrorist platoon who would s
Page 85 and 86:
49597 the unit that he had met with
Page 87 and 88:
49595 Western Srem. 2794 In a form
Page 89 and 90:
49593 and berets as well as other i
Page 91 and 92:
49591 admitting new volunteers into
Page 93 and 94:
49589 of the “Special Unit of the
Page 95 and 96:
49587 1490. The Trial Chamber will
Page 97 and 98:
49585 1494. The Stanišić Defence
Page 99 and 100:
49583 minutes of two meetings of th
Page 101 and 102:
49581 Pajzoš camp at Ilok and Bosa
Page 103 and 104:
49579 knowledge engage in any comba
Page 105 and 106:
49577 in Bosanski Šamac the witnes
Page 107 and 108:
49575 1524. On 21 April 1992, Nikol
Page 109 and 110:
49573 who remained in Ilok styled t
Page 111 and 112:
49571 Ležimir camp above, the Tria
Page 113 and 114:
49569 Interior Pavle Bulatović, Bu
Page 115 and 116:
49567 called Žika Crnogorac (which
Page 117 and 118:
49565 1561. On 29 September 1992, C
Page 119 and 120:
49563 Petar Djukić and a number of
Page 121 and 122:
49561 Mount Ozren camp several time
Page 123 and 124:
49559 listed amounts very high. 307
Page 125 and 126:
49557 1582. The witness recognized
Page 127 and 128:
49555 any insignia. 3123 They told
Page 129 and 130:
49553 1592. At the Kula ceremony in
Page 131 and 132:
Page 133 and 134:
49549 1606. The Trial Chamber has n
Page 135 and 136:
49547 his colleague that Simatović
Page 137 and 138:
49545 1619. Witness JF-048, a forme
Page 139 and 140:
49543 he saw them salute him in Baj
Page 141 and 142:
49541 the meeting was how to assist
Page 143 and 144:
49539 specific portion of his prior
Page 145 and 146:
49537 Vinko Pandurević were also p
Page 147 and 148:
49535 joined the unit between May 1
Page 149 and 150:
49533 subordinate themselves to the
Page 151 and 152:
49531 Special Units Command and its
Page 153 and 154:
49529 witness and others were infor
Page 155 and 156:
Page 157 and 158:
49525 Trial Chamber finds that the
Page 159 and 160:
Page 161 and 162:
49521 subordinated to the 1st Bratu
Page 163 and 164:
49519 1691. In addition to the abov
Page 165 and 166:
49517 appear on JATD payment lists
Page 167 and 168:
49515 from May 1993, the Unit in Br
Page 169 and 170:
49513 had given a speech at the eve
Page 171 and 172:
49511 member Vasilije Mijović 3418
Page 173 and 174:
49509 Knin. 3433 The biography of M
Page 175 and 176:
49507 support, and other substantia
Page 177 and 178:
49505 or early October 1995, the Re
Page 179 and 180:
49503 1742. An intelligence report
Page 181 and 182:
49501 on the frontline, regardless
Page 183 and 184:
49499 6.4 The Serbian Volunteer Gua
Page 185 and 186:
49497 057 is attacked in the Final
Page 187 and 188:
49495 dark red berets. The SDG oper
Page 189 and 190:
49493 Pelević, Witness C-015, Witn
Page 191 and 192:
49491 1781. Two witnesses provided
Page 193 and 194:
49489 conversation between Arkan an
Page 195 and 196:
49487 1790. To the extent that TO c
Page 197 and 198:
49485 1797. The witness testified t
Page 199 and 200:
49483 September and October 1995, t
Page 201 and 202:
49481 ordered to go to Mrkonjić Gr
Page 203 and 204:
49479 1813. Based on the foregoing,
Page 205 and 206:
49477 who came voluntarily to fight
Page 207 and 208:
49475 supplies through his relation
Page 209 and 210:
49473 1834. The Simatović Defence
Page 211 and 212:
49471 reference to the Serbian MUP
Page 213 and 214:
49469 Major Gavrilović, a.k.a. Brn
Page 215 and 216:
49467 1853. The Trial Chamber recal
Page 217 and 218:
49465 Zvornik. In light of the abov
Page 219 and 220:
49463 Momčilo Krajišnik, Arkan st
Page 221 and 222:
49461 could propose to the Serbian
Page 223 and 224:
49459 money came from the Serbian D
Page 225 and 226:
49457 authority during their deploy
Page 227 and 228:
49455 6.4.5 The Accused directed an
Page 229 and 230:
49453 witness that the money arrive
Page 231 and 232:
49451 member was wounded, their med
Page 233 and 234:
49449 Arkan needed DB approval for
Page 235 and 236:
49447 from late November 1994 onwar
Page 237 and 238:
49445 Chamber also finds based on t
Page 239 and 240:
49443 6.5 Skorpions 6.5.1 Introduct
Page 241 and 242:
49441 of the Krajina oil industry a
Page 243 and 244:
49439 four Ss on the left shoulder
Page 245 and 246:
49437 1931. Witness JF-027, a Croat
Page 247 and 248:
Page 249 and 250:
49433 unlimited power given to him
Page 251 and 252:
49431 Mrgud was to pay Arkan’s me
Page 253 and 254:
49429 halted in December 1994 and r
Page 255 and 256:
49427 at the Forward Command Post o
Page 257 and 258:
49425 Abdić’s forces, the Serbia
Page 259 and 260:
49423 Ulemek. 4026 Medić. 4027 Acc
Page 261 and 262:
49421 present in Velika Kladuša. 4
Page 263 and 264:
49419 Cyrillic Ss, which they used
Page 265 and 266:
49417 Command: the Tactical Group 1
Page 267 and 268:
49415 and heard those present there
Page 269 and 270:
Page 271 and 272:
49411 information about the MUP uni
Page 273 and 274:
49409 Slunj, in the Korenica region
Page 275 and 276:
49407 that he was exaggerating, and
Page 277 and 278:
49405 Court. 4189 The Trial Chamber
Page 279 and 280:
49403 not received sufficient evide
Page 281 and 282:
49401 headquarters. 4204 In cross-e
Page 283 and 284:
49399 orders from the Serbian SDB.
Page 285 and 286:
49397 MUP special unit directly con
Page 287 and 288:
49395 Marić, had been killed. 4256
Page 289 and 290:
49393 is unable to conclude that th
Page 291 and 292:
49391 operation. In the absence of
Page 293 and 294:
49389 300 men, and was stationed in
Page 295 and 296:
49387 activities of the unit in Bar
Page 297 and 298:
49385 finds that between late Augus
Page 299 and 300:
49383 has received evidence from Wi
Page 301 and 302:
49381 of Serbia in response to a re
Page 303 and 304:
49379 October 1995), and that the S
Page 305 and 306:
49377 2077. Witness JF-035, a Serb
Page 307 and 308:
49375 with Rajo Božović. 4365 On
Page 309 and 310:
49373 he only saw four of the per d
Page 311 and 312:
49371 Vasilije Mijović, Dragan Fil
Page 313 and 314:
49369 witness testified that the Sk
Page 315 and 316:
49367 the Tara camp, and the genera
Page 317 and 318:
49365 well as through documentary m
Page 319 and 320:
49363 could be brought, although at
Page 321 and 322:
49361 2118. Mile Bosnić testified
Page 323 and 324:
49359 figure of a parallel structur
Page 325 and 326:
49357 which he brought items in a b
Page 327 and 328:
49355 JNA which had unlimited freed
Page 329 and 330:
49353 Knin municipality, 4527 and f
Page 331 and 332:
49351 2144. The Stanišić Defence
Page 333 and 334:
49349 following the 1990 elections.
Page 335 and 336:
49347 to assist during Belgrade’s
Page 337 and 338:
49345 2163. Radoslav Maksić, a Ser
Page 339 and 340:
49343 DST-043, a Serb from Knin, 45
Page 341 and 342:
49341 issued in their names. 4604 T
Page 343 and 344:
49339 Plaški to Bosnia, who had le
Page 345 and 346:
49337 usually a civilian, designate
Page 347 and 348:
49335 witness was involved in a tra
Page 349 and 350:
49333 2193. The Trial Chamber has r
Page 351 and 352:
49331 formal establishment on 29 Ma
Page 353 and 354:
49329 Chamber observes that after i
Page 355 and 356:
49327 6.6.4 The Accused failed to i
Page 357 and 358:
49325 Ilija Končarević was appoin
Page 359 and 360:
49323 accordance with these instruc
Page 361 and 362:
49321 requested Milošević to orde
Page 363 and 364:
49319 to the Accused. In the view o
Page 365 and 366:
49317 Administration in Belgrade, a
Page 367 and 368:
49315 2244. According to Witness JF
Page 369 and 370:
49313 Selo, as it was the easiest w
Page 371 and 372:
49311 receiving their salaries from
Page 373 and 374:
49309 warehouse. Furthermore, in vi
Page 375 and 376:
49307 command staff of the JNA. 482
Page 377 and 378:
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:
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 and 430:
49253 autumn 1991 or in the beginni
Page 431 and 432:
49251 Accused knew (majority: must
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
show all

30 May 2013 - ICTY

Create successful ePaper yourself

Delete template?

Save as template?