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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39269Herzegovina was carrying out an attack towards Donji Vakuf, in Bosnia-Herzegovina.To the left, the Gospić MD and MUP Special Units were carrying out an attackoperation on the general Velebit-Gračac axis, in order to cut off the communicationsfrom Gračac to Knin and Obrovac. 22083. Dragutin Repinć, Chief of the Planning Department in the HV Main Staff andan expert on military training and planning, 221 testified that on 4 August 1995 the MainStaff of the HV had maintained the boundaries between the Split and Gospić MDs asthey had been defined in 1993 by President Tuñman. 222 Markač faced during OperationStorm the problem of an ill-defined boundary with the Gospić MD, with forces meetingthroughout the area. 223 On 6 August 1995, the Chief of the HV Main Staff, ZvonimirČervenko, issued an order defining the operative areas of responsibility of various MDsfollowing Operation Storm. 224 Repinć testified that the order was transmitted to thecommanders of MDs, but not to Markač, who, according to Repinć, therefore was notaware of it. 225 Repinć understood an order issued on 16 August 1995 by Gotovina tomean that as of that date Gračac was included in the area of responsibility of the SplitMD. 22684. Finally, with regard to reorganization and demobilization within the Split MDfollowing Operation Storm, Mate Granić, Deputy Prime Minister of Croatia between1991 and 2000 and Minister of Foreign Affairs between 1993 and 2000, 227 wrote in hisbook that soon after Operation Storm, Gotovina was transferred to Bosnia-Herzegovinatogether with a considerable number of Croatian forces. 22885. On 9 August 1995, Gotovina, in his capacity as the Commander of the Split MD,issued an order for an active defence following the completion of Operation Storm. 229The defence was to focus along the direction Drvar-Bosansko Grahovo (both in Bosnia-220 P1125 (Offensive Operation Order by Ante Gotovina, 2 August 1995), p. 5.221 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 1-16; Dragutin Repinć, T. 26661-26665.222 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 95; Dragutin Repinć, T. 26793;D2074 (Decision on Military Territorial Division of the Republic of Croatia, 1 February 1993).223 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 94; Dragutin Repinć, T. 26715-26716.224 D279 (Order by General Zvonimir Červenko on the areas of responsibility of MDs, 6 August 1995).See also D1932 (Dragutin Repinć, Expert Report, December 2009), para. 96; Dragutin Repinć, T. 26793.225 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 96, Dragutin Repinć, T. 26794.226 Dragutin Repinć, T. 26908-26909; P2705 (Order signed for Gotovina, 16 August 1995), p. 1.227 D1797 (Mate Granić, witness statement, 12 May 2009), paras 2-3, 6, 8, 13; Mate Granić, T. 24614-24615, 24621-24622.228 P2662 (Excerpt of Mate Granić: Foreign Affairs – Behind the screens of politics), pp. 9-10.46Case No.: IT-06-90-T 15 April 2011 `

39268Herzegovina)-Knin and in the direction Drvar-Glamoč, both in Bosnia-Herzegovina,with an auxiliary axis from Mrkonjić Grad-Glamoč and Šipovo-Kupres, all in Bosnia-Herzegovina. 230 In this order, Gotovina noted that due to, amongst other things, the“massive concentration of runaway civilians” the enemy is unable to re-group. Gotovinafurther noted that the forward command post of the Split MD shall be in Knin. 231 Bythis order, and with the aim to organize the defensive operations, Gotovina establishedthree OGs: 1) OG Otrić, with Colonel Mladen Fuzul as Commander, Colonel Ivan Vulićas Deputy Commander and with the command post in Otrić in Gračac municipality; 2)OG Sajković with the command post in Sajkovići, Bosnia-Herzegovina; and 3) OGVrba with the command post in Vrba, Bosnia-Herzegovina. 23286. Gotovina further ordered that the HV 4th and 7th Guards Brigades be withdrawnfrom the frontline in order to rest, replenish, and get ready for further combat activities.He also ordered that one infantry battalion of the 4th Brigade shall be in reserve at thedisposal of the Split MD Commander and stationed in the Knin barracks with aprincipal task to support OG Otrić. 233 He also ordered that there shall be a Battalion ofthe 7th Brigade at the disposal of the Split MD Commander stationed in the KninSouthern Barracks with a principal task to support the OG Sajković. 234 Furthermore,Gotovina issued some relocation orders to the 81st HV Battalion, 1st HGS CroatianGuards Zdrug, Special Police of the MUP of the Croatian Republic of Herceg-Bosna,HV 2nd battalion of the 9th Brigade and the Split MD Tactical Snipers Company. 23587. In a decision dated 9 August 1995, Gojko Šušak ordered the demobilization of atleast 70,000 conscripts in the units, institutions, and commands of the HV. 236 An orderdated 14 August 1995, issued by Zvonimir Červenko to the MD commanders enabledthem to demobilize all military conscripts with “refugee status” who wished to bedemobilized. 237229 D281 (Gotovina’s order on active defence, 9 August 1995), pp. 1-2, 17.230 D281 (Gotovina’s order on active defence, 9 August 1995), p. 5.231 D281 (Gotovina’s order on active defence, 9 August 1995), p. 4.232 D281 (Gotovina’s order on active defence, 9 August 1995), pp. 5-10, 18-19. For the units of these OGssee D281 and D772.233 D281 (Gotovina’s order on active defence, 9 August 1995), p. 9.234 D281 (Gotovina’s order on active defence, 9 August 1995), pp. 9-10. The Trial Chamber relied on theBCS original in respect of the battalion of the 7th Guards Brigade.235 D281 (Gotovina’s order on active defence, 9 August 1995), p. 10.236 D882 (Decision demobilizing at least 70,000 HV conscripts, signed by Gojko Šušak, 9 August 1995),p. 1.237 D883 (Order enabling demobilization of all military conscripts with refugee status issued by GeneralZvonimir Červenko, 14 August 1995).47Case No.: IT-06-90-T 15 April 2011 `

39269Herzegovina was carrying out an attack towards Donji Vakuf, in Bosnia-Herzegovina.To the left, the Gospić MD and MUP Speci<strong>al</strong> Units were carrying out an attackoperation on the gener<strong>al</strong> Velebit-Gračac axis, in order to cut off the communicationsfrom Gračac to Knin and Obrovac. 22083. Dragutin Repinć, Chief of the Planning Department in the HV Main Staff andan expert on military training and planning, 221 testified that on 4 August 1995 the MainStaff of the HV had maintained the boundaries b<strong>et</strong>ween the Split and Gospić MDs asthey had been defined in 1993 by President Tuñman. 222 Markač faced during OperationStorm the problem of an ill-defined boundary with the Gospić MD, with forces me<strong>et</strong>ingthroughout the area. 223 On 6 August 1995, the Chief of the HV Main Staff, ZvonimirČervenko, issued an order defining the operative areas of responsibility of various MDsfollowing Operation Storm. 224 Repinć testified that the order was transmitted to thecommanders of MDs, but not to Markač, who, according to Repinć, therefore was notaware of it. 225 Repinć understood an order issued on 16 August 1995 by <strong>Gotovina</strong> tomean that as of that date Gračac was included in the area of responsibility of the SplitMD. 22684. Fin<strong>al</strong>ly, with regard to reorganization and demobilization within the Split MDfollowing Operation Storm, Mate Granić, Deputy Prime Minister of Croatia b<strong>et</strong>ween1991 and 2000 and Minister of Foreign Affairs b<strong>et</strong>ween 1993 and 2000, 227 wrote in hisbook that soon after Operation Storm, <strong>Gotovina</strong> was transferred to Bosnia-Herzegovinatog<strong>et</strong>her with a considerable number of Croatian forces. 22885. On 9 August 1995, <strong>Gotovina</strong>, in his capacity as the Commander of the Split MD,issued an order for an active defence following the compl<strong>et</strong>ion of Operation Storm. 229The defence was to focus <strong>al</strong>ong the direction Drvar-Bosansko Grahovo (both in Bosnia-220 P1125 (Offensive Operation Order by Ante <strong>Gotovina</strong>, 2 August 1995), p. 5.221 D1932 (Dragutin Repinć, Expert Report, December 2009), paras 1-16; Dragutin Repinć, T. 26661-26665.222 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 95; Dragutin Repinć, T. 26793;D2074 (Decision on Military Territori<strong>al</strong> Division of the Republic of Croatia, 1 February 1993).223 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 94; Dragutin Repinć, T. 26715-26716.224 D279 (Order by Gener<strong>al</strong> Zvonimir Červenko on the areas of responsibility of MDs, 6 August 1995).See <strong>al</strong>so D1932 (Dragutin Repinć, Expert Report, December 2009), para. 96; Dragutin Repinć, T. 26793.225 D1932 (Dragutin Repinć, Expert Report, December 2009), para. 96, Dragutin Repinć, T. 26794.226 Dragutin Repinć, T. 26908-26909; P2705 (Order signed for <strong>Gotovina</strong>, 16 August 1995), p. 1.227 D1797 (Mate Granić, witness statement, 12 May 2009), paras 2-3, 6, 8, 13; Mate Granić, T. 24614-24615, 24621-24622.228 P2662 (Excerpt of Mate Granić: Foreign Affairs – Behind the screens of politics), pp. 9-10.46Case No.: IT-06-90-T 15 April 2011 `

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