Gotovina et al Judgement Volume I - ICTY
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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

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39013Glavica road. As he got closer, the witness recognized the body as that of Predrag’s,who, according to the witness, had been shot a number of times in his head and chest.The witness stated that Predrag was wearing civilian clothing and had no weapon thatthe witness could see. The witness further stated that it was at this junction of the roadthat he had seen the tank turn around and where he had heard the machine gun fire. 2275On 9 or 10 August 1995, the witness, together with Simo Dujaković, Nikola Matijaš,Sava Urukalo, and Milan Bjelan, collected Predrag’s body, took it to the back ofPredrag’s house, covered it with canvas and buried it there. 2276 Sometime in 2001,according to the witness, people from a commission in Knin came and exhumedPredrag’s bones. 2277526. The Trial Chamber finds that on 6 August 1995, around 2 p.m., in Zarići hamletin Orlić village, persons referred to as soldiers, who were wearing camouflage uniformsand were accompanied by a tank, shot and killed Predrag Simić. The victim waswearing civilian clothes and was unarmed at the time of the killing. Stevan Zarić statedthat the population of Orlić village at that time consisted almost entirely of Serbs. TheTrial Chamber therefore finds that the victim was of Serb ethnicity. Based on thewitness’s description of the perpetrators as wearing camouflage uniforms and beingaccompanied by a tank, as well as in light of the date and location of the incident, theTrial Chamber finds that the perpetrators were members of Croatian military forces. TheTrial Chamber will further consider this incident in relation to Counts 1, 6, and 7 of theIndictment in chapters 5.3.2 and 5.8.2 (b) below.2275 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 8.2276 P2516 (Stevan Zarić, witness statement, 10 September 2003), paras 6, 9.2277 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 10.302Case No.: IT-06-90-T 15 April 2011 `

390124.2 Destruction of Serb property and plunder of public or private Serb property4.2.1 Overview of the charges527. The Indictment charges the Accused with plunder of public and private propertyas a violation of the laws or customs of war, from at least July 1995 to about 30September 1995, in the following municipalities: Benkovac, Donji Lapac, Drniš,Ervenik, Gračac, Kistanje, Knin, Lišane Ostrovičke, Nadvoda, Obrovac, Oklaj, andOrlić. The Indictment also charges the Accused with plunder and looting of public andprivate Serb property as an underlying act of the crime against humanity of persecution,during the same time period, in the above-mentioned and the municipalities of Civljaneand Lisičić.528. The Indictment further charges the Accused with wanton destruction as aviolation of the laws or customs of war and destruction and burning of Serb homes andbusinesses as an underlying act of the crime against humanity of persecution, from atleast July 1995 to about 30 September 1995, in the Indictment municipalities.529. The Trial Chamber has received and considered evidence on a very large numberof specific incidents of alleged plunder and wanton destruction. As discussed in chapterChapter 2, it will, however, here only address those incidents for which the evidence issufficiently detailed to consider whether a crime occurred and, if so, whether theaffiliation of the principal perpetrator can be identified. 2278 Incidents which will not bespecifically dealt with in this chapter include numerous accounts of burning or burnthouses by international observers, as described in testimonies or reports. For example,the Trial Chamber received evidence about extensive destruction in Otrić in Gračacmunicipality. That evidence mainly described the result of the destruction and thereforedid not provide the Trial Chamber with sufficient information to consider the affiliationof the perpetrator.530. Besides the incidents addressed in this chapter, the Trial Chamber has dealt witha number of incidents of alleged destruction and plunder in other chapters, as theevidence on those incidents was entwined with evidence predominantly dealing withother alleged crimes. 22792278 See chapter 2, paragraphs under heading “findings”.2279 Chapter 4.1.9 (Jovo Grubor and others - Schedule no. 4) and (Sava Šolaja - Further Clarification no.155); 4.1.15 (Stevo Berić and others - Schedule no. 7); 4.3.9 (Unidentified man in Knin); 4.3.15 (ðurdijaAmanović in Vrbnik).303Case No.: IT-06-90-T 15 April 2011 `

390124.2 Destruction of Serb property and plunder of public or private Serb property4.2.1 Overview of the charges527. The Indictment charges the Accused with plunder of public and private propertyas a violation of the laws or customs of war, from at least July 1995 to about 30September 1995, in the following municip<strong>al</strong>ities: Benkovac, Donji Lapac, Drniš,Ervenik, Gračac, Kistanje, Knin, Lišane Ostrovičke, Nadvoda, Obrovac, Oklaj, andOrlić. The Indictment <strong>al</strong>so charges the Accused with plunder and looting of public andprivate Serb property as an underlying act of the crime against humanity of persecution,during the same time period, in the above-mentioned and the municip<strong>al</strong>ities of Civljaneand Lisičić.528. The Indictment further charges the Accused with wanton destruction as aviolation of the laws or customs of war and destruction and burning of Serb homes andbusinesses as an underlying act of the crime against humanity of persecution, from atleast July 1995 to about 30 September 1995, in the Indictment municip<strong>al</strong>ities.529. The Tri<strong>al</strong> Chamber has received and considered evidence on a very large numberof specific incidents of <strong>al</strong>leged plunder and wanton destruction. As discussed in chapterChapter 2, it will, however, here only address those incidents for which the evidence issufficiently d<strong>et</strong>ailed to consider wh<strong>et</strong>her a crime occurred and, if so, wh<strong>et</strong>her theaffiliation of the princip<strong>al</strong> perp<strong>et</strong>rator can be identified. 2278 Incidents which will not bespecific<strong>al</strong>ly de<strong>al</strong>t with in this chapter include numerous accounts of burning or burnthouses by internation<strong>al</strong> observers, as described in testimonies or reports. For example,the Tri<strong>al</strong> Chamber received evidence about extensive destruction in Otrić in Gračacmunicip<strong>al</strong>ity. That evidence mainly described the result of the destruction and thereforedid not provide the Tri<strong>al</strong> Chamber with sufficient information to consider the affiliationof the perp<strong>et</strong>rator.530. Besides the incidents addressed in this chapter, the Tri<strong>al</strong> Chamber has de<strong>al</strong>t witha number of incidents of <strong>al</strong>leged destruction and plunder in other chapters, as theevidence on those incidents was entwined with evidence predominantly de<strong>al</strong>ing withother <strong>al</strong>leged crimes. 22792278 See chapter 2, paragraphs under heading “findings”.2279 Chapter 4.1.9 (Jovo Grubor and others - Schedule no. 4) and (Sava Šolaja - Further Clarification no.155); 4.1.15 (Stevo Berić and others - Schedule no. 7); 4.3.9 (Unidentified man in Knin); 4.3.15 (ðurdijaAmanović in Vrbnik).303Case No.: IT-06-90-T 15 April 2011 `

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