Gotovina et al Judgement Volume I - ICTY

39303Serbs leaving the Krajina, in particular on 4 and 5 August 1995, with relatively few ofthem, often elderly, remaining in the area. Many of these remaining Serbs were killed.12. The Trial Chamber carefully considered the evidence on alleged crimes, for thepurpose of establishing whether the elements of the crimes had been met and whetherthe identity or affiliation of the perpetrators could be established. When the evidencewith regard to a specific incident lacked sufficient detail in this respect, the TrialChamber did not further consider it when evaluating the liability of the Accused. Forexample, this was the case for a large body of evidence consisting of reports andtestimonies of burning or destroyed houses and other property for which no perpetratorwas identified or described. In the context of a criminal trial, and the chaotic picture ofthe events on the ground, the Trial Chamber was necessarily cautious in drawingconclusions with regard to specific incidents based on any general impression.13. The events in this case took place in the context of many years of tensionsbetween Serbs and Croats in the Krajina. While the Trial Chamber was mindful of thiscontext, the case was not about crimes committed prior to the Indictment period. Norwas Croatia’s choice to resort to Operation Storm on trial. This case is about whetherSerb civilians in the Krajina were the targets of crimes and about the liability of theAccused for these crimes.12Case No.: IT-06-90-T 15 April 2011 `