Gotovina et al Judgement Volume I - ICTY

39277other administrations or departments when required in exceptional circumstances or inwar time. 14571. According to the Croatian regulations of the armed forces that were in force in1995, the Croatian armed forces, i.e. HV, were constituted by the National Guard andthe Home Guard. 146 Theunens testified in his expert report that the National GuardsCorps existed prior to the establishment of the HV and was replaced by the HV. 147 TheCroatian regulations of the armed forces further stated that the members of the armedforces were either standing personnel, which comprised soldiers, cadets, active militarypersonnel (guard members, active NCOs and active officers) and civilians, or reservepersonnel, which comprised reserve soldiers, reserve NCOs and reserve officers. 148Among the duties of members of the armed forces were to wear a uniform, regularinsignia of the armed forces, and carry a military ID. 149 Commanders were responsible,among other things, for military discipline and compliance with the international law ofwar. 150 Commanders were responsible for calling to account those members of thearmed forces who did not act according to the behaviour prescribed for militarypersonnel. 151 Members of armed forces had to carry out orders by superiorsunquestionably, to the letter and promptly, or else be called to account. 152 However,military personnel were not obliged to carry out criminal orders, and instead had toinform the superior of the commanding officer of the illegal order, and refuse to executeit. 15372. The Trial Chamber now turns to Gotovina’s position and the structure of theSplit MD. Marko Rajčić, the chief of artillery of the Split MD from April 1993 to June1996, 154 testified that under Croatian law, the highest operational commander inOperation Storm was the president of the state, as the commander-in-chief of the armed145 P2639 (Decision on the basis of organization of the Ministry of Defence, 13 November 1991), para.XVII.146 Ljiljana Botteri, T. 10926; D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 5(provision 1).147 P1113 (Reynaud Theunens, Expert Report, December 2007), pp. 18, 43, 52.148 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 5 (provision 2).149 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 5 (provision 3).150 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), pp. 5-6 (provision 4).151 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 7 (provision 10).152 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 9 (provisions 25 and 31).153 D32 (Croatian Regulations of the Armed Forces, 20 May 1992), p. 9 (provision 26).154 D1425 (Marko Rajčić, witness statement, 13 February 2009), para. 1; Marko Rajčić, T. 16236, 16275;P2323 (Military Police official note of Rajčić interview, 11 July 2008), p. 1.38Case No.: IT-06-90-T 15 April 2011 `