Gotovina et al Judgement Volume I - ICTY

392783. The Accused3.1 Ante Gotovina and the Split Military District3.1.1 Position of Ante Gotovina within the Split Military District69. According to the Indictment, Ante Gotovina was during the Indictment periodCommander of the Split MD and overall commander of Operation Storm in the southernportion of the Krajina region, and had effective control over HV forces attached to theSplit MD and other forces subordinated to his command. 141 The Trial Chamber willexamine in turn the structure of the HV’s Main Staff and the regulations of the Croatianarmed forces, Gotovina’s position and the structure of the Split MD, the organizationand numerical strength of the Split MD, its area of responsibility, and the reorganizationand demobilization within the Split MD following Operation Storm.70. The Trial Chamber first turns to the structure of the HV’s Main Staff and theregulations of the Croatian armed forces. The Decision on the Basis of Organization ofthe Ministry of Defence is a Presidential decree which entered into force on 13November 1991 and regulated the basic organization of the MoD including the HVMain Staff. 142 According to the decree, the Office of the President comprised a MilitaryCabinet, whose chief was in charge of communication between the President, asCommander-in-chief of the armed forces, and the MoD, the Main Staff, the maincommands of the armed forces, and other state bodies dealing with military issues. 143The Main Staff was headed by the Chief of the Main Staff who reported directly to theMinister of Defence, with the exception of issues relating to supreme command andorganization, strategic, and operative plans, and the use of the armed forces inpeacetime and war, in which case the Chief of the Main Staff reported directly to thePresident. The Chief of the Main Staff was superior to the commands of the CroatianArmy within the scope of the powers issued by the President. The commanders of theLand Army main forces, Air Force, Anti-Aircraft Defence, and the Home Guard weredirectly subordinate to the President, the Minister of Defence, and the Chief of the MainStaff in relation to their respective remits. 144 The decree provided for the formation of141 Indictment, paras 3-4, Annex A. See also paras 1-2.142 P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), pp. 1, 4-5, para. XXII.143 P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), para.III.144 P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), para.XII.37Case No.: IT-06-90-T 15 April 2011 `