Gotovina et al Judgement Volume I - ICTY

393047. The three Accused are each charged as participants in a joint criminal enterprise.The alleged common criminal purpose of the joint criminal enterprise was thepermanent removal of the Serb population from the Krajina region by force, fear orthreat of force, persecution, forced displacement, transfer and deportation, as well asappropriation and destruction of property. The Prosecution alleges that in addition to thecrimes forming part of the joint criminal enterprise, the crimes of murder, inhumaneacts, and cruel treatment were committed, and were foreseeable as a possibleconsequence of the execution of the enterprise.8. In addition or in the alternative, the Indictment charged each accused withindividual criminal liability under Article 7(1) of the Statute for allegedly planning,instigating and/or ordering each of the crimes charged in the Indictment; and/or aidingand abetting their planning, preparation and/or execution. Each accused is also chargedwith individual criminal liability under Article 7(3) of the Statute for knowingly failingto prevent or punish the criminal acts and/or omissions alleged in each count of theIndictment to have been committed by his subordinates, over whom they are eachalleged to have possessed effective control.9. The Defence, on behalf of each of the three Accused, have submitted that theAccused are not guilty and should therefore be acquitted.10. The presentation of evidence in the case lasted for well over two years andincluded the hearing of witnesses called by the Prosecution, all three Defence teams,and the Trial Chamber, as well as the tendering of a large number of documents by theparties. The amount of evidence provided the Trial Chamber with a major challenge andit spent significant time and effort reviewing and evaluating this evidence. Although itconsidered all the evidence before it, the Trial Chamber could, due to the sheer volume,only explicitly address some of it. In this respect, it focused on the best availableevidence and the evidence to which the parties drew its attention in their final briefs andarguments.11. When reviewing the evidence in this case, the picture that emerged was that of alarge number of crimes being committed against numerous victims throughout theIndictment area. In particular, the Trial Chamber heard and received many accounts ofburned, destroyed, and looted property. In some instances, the destruction encompassedwhole villages or parts of villages. The Trial Chamber also received several accounts of11Case No.: IT-06-90-T 15 April 2011 `