Gotovina et al Judgement Volume I - ICTY

39305participated in the planning and preparation of the operational use of Croatian forces inOperation Storm and continuing related operations and actions. The Prosecution alsoalleges that he possessed effective control over all units elements and members of theHV that comprised or were attached to the Split MD, and other forces that weresubordinated to his command and operated and/or were present in the southern portionof the Krajina region during Operation Storm. As Commander of the Split MD, he wasresponsible for maintaining order among, and disciplining and supervising the conductof, his subordinate personnel.5. With regard to Ivan Čermak, the Prosecution alleges that from 5 August 1995until approximately 15 November 1995, he was the Commander of the Knin Garrison,which encompassed the municipalities of Civljane, Ervenik, Kijevo, Kistanje, Knin,Nadvoda, and Orlić. It further alleges that in addition to acting in military andadministrative roles as the Garrison Commander, he acted as a representative of theCroatian Government in dealing with members of the international community andmedia concerning Operation Storm in areas that extended beyond the boundaries of hisGarrison command. According to the Prosecution, Ivan Čermak possessed effectivecontrol over members of the HV units or elements comprising or attached to the KninGarrison, as well as civilian police operating in the Garrison area and adjacent areas. AsGarrison Commander, he was responsible for maintaining order among personnel in theGarrison; organising duty services in the Garrison; and establishing cooperation andcoordination between or among the Garrison and area police forces, for the purposes ofmaintaining law and order.6. As for Mladen Markač, the Prosecution alleges that from 18 February 1994, hewas Assistant Minister of the Interior, and as such was also Commander of the SpecialPolice of the Ministry of the Interior of Croatia. It alleges that he had overall authorityand responsibility for the operation and functioning of the Special Police. According tothe Prosecution, Mladen Markač possessed effective control over all members of theSpecial Police involved in Operation Storm and the continued related operations and/oractions in the southern Krajina region, and he also possessed effective control over allmembers of the HV rocket and artillery units attached to his forces or subordinated tohis command during Operation Storm and the continuing related operations and/oractions.10Case No.: IT-06-90-T 15 April 2011 `