Gotovina et al Judgement Volume I - ICTY

39282remained mindful of events occurring in temporal and geographical proximity of anincident and considered whether relevant inferences could be drawn from such events.61. The Trial Chamber decided to not always specifically address certain incidentswhen making factual findings. 127 This included incidents where the evidence referred tocrimes committed outside the scope (temporally, geographically or otherwise 128 ) of theIndictment. It also included incidents for which the evidence identified perpetrators of acrime as civilians. 129 Finally, for some incidents the evidence did not provide any oronly inconclusive information on perpetrators and the Trial Chamber did not alwaysspecifically address such incidents. 130 For example, the Trial Chamber received muchevidence on burned or burning houses but without any direct information on whether orby whom these houses were set on fire. Similarly, the Trial Chamber received evidenceon the death or killing of individuals without any direct evidence on perpetrators. Incases where the evidence did not provide sufficient information about more than oneelement of the alleged crime, the Trial Chamber at times only discussed some of thoseelements.62. Some of the evidence received by the Trial Chamber suggested that there was ahigh probability that crimes were committed by members of the HV. This wasparticularly prevalent when it came to burnt or looted houses. For example, the TrialChamber received a large amount of evidence of Croatian troop presence near the Knin-Drniš road in the first weeks of August 1995. 131 The Trial Chamber also received muchevidence about extensive destruction in that area. 132 Nevertheless, considering thecorrect standard to be applied in making findings and with a view to its task ofdetermining whether the accused are guilty of crimes alleged in the Indictment, the TrialChamber in some instances was unable to establish beyond a reasonable doubt, on thebasis of the evidence before it, the identity or affiliation of the perpetrators of certainincidents.127 The Trial Chamber also did not make factual or legal findings on minor incidental crimes (e.g. windowdamage when shooting a person through a window or destruction damage when forcefully opening a doorwhen looting). See also e.g. Chapter 4.1.1.128 For example in relation to destruction and plunder of UN property.129 Compare discussion on scope of JCE in Chapter 6.2.130 See e.g. the alleged murder of Ljubica Stegnajić in Chapter 4.1.2, burnt and looted houses in PlavnoValley on 21 August 1995 in Chapter 4.2.9 or the alleged murder of Milka Korolija.131 See findings in Chapter 4.132 See Chapter 4.1.15 in relation to Uzdolje.33Case No.: IT-06-90-T 15 April 2011 `