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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387214.4 Unlawful attacks on civilians and civilian objects4.4.1 Overview of the charges1161. The Indictment charges the Accused with unlawful attacks on civilians andcivilian objects as underlying acts of the crime against humanity of persecution, from atleast July 1995 to about 30 September 1995, in the Indictment municipalities. Theevidence received by the Trial Chamber has been focused on a number of towns, withthe overwhelming majority of evidence dealing with Knin during the first days ofOperation Storm.1162. The Trial Chamber has received evidence with regard to artillery projectilesimpacting on or nearby Kistanje, Kaštel Žegarski in Nadvoda municipality, and Polačaand hamlets in the Plavno Valley, both in Knin municipality, on 4 and 5 August 1995.The Trial Chamber has reviewed some of this evidence in chapter 4.5.3 (Kistanje andKnin municipalities). The evidence is insufficient for the Trial Chamber to determinethe number of projectiles fired at these towns or, with only a few exceptions, todetermine the times and locations of impacts of the projectiles. Moreover, the evidenceinsufficiently establishes whether there was an SVK presence in these towns or whetherthere were other objects offering a definite military advantage if fired at. The towns arenot mentioned in the HV’s artillery orders by Gotovina, Rajčić, Firšt, or Fuzul. Theartillery reports which the Trial Chamber has received in evidence do not providefurther details as to what the HV fired at in or nearby these towns. Under thesecircumstances, the Trial Chamber cannot determine what the forces firing artilleryprojectiles which impacted on or nearby the aforementioned towns targeted. The TrialChamber does not consider an unlawful attack on civilians or civilian objects in thesetowns to be the only reasonable interpretation of the evidence. Instead, the TrialChamber considers that the evidence allows for the reasonable interpretation that theforces who fired artillery projectiles which impacted on or nearby these towns weredeliberately targeting military targets. Under these circumstances, the Trial Chamberwill not further consider these incidents in relation to Count 1 of the Indictment.4.4.2 General considerations1163. The Trial Chamber has received expert evidence regarding the different types ofartillery weapons and the use of artillery during military operations from Harry594Case No.: IT-06-90-T 15 April 2011 `

38720Konings, a Luitenant Colonel in the Royal Netherlands army and an expert in the use ofartillery in military operations, 4189 and Geoffrey Corn, an expert on the practicalapplication of the laws of war in military operations. 41901164. Konings testified about the properties of the different types of artillery weapons,including with regard to their ranges and rates of fire. Specifically, Konings testifiedthat Howitzers are high angle indirect fire weapon systems, whose projectiles follow aballistic trajectory after being fired from the barrel at an angle. 155-millimetreHowitzers can fire shells with a rate of fire of two to three rounds per minute with awell-trained crew, although sustained fire is generally one round per minute. 130-millimetre Howitzers are comparable to 155-millimetre Howitzers and have ranges ofup to 28 kilometres. 4191 Mortars are characterised by the delivery of high-angle fire anda high rate of fire of up to 10 or more rounds per minute, over a relatively shortrange. 4192 The 120-millimetre mortar has a rate of fire of four to six rounds per minutewith a range of up to eight kilometres. Rockets have their own propulsion systems andare fired from rocket launchers, which tend to have high rates of fire. 128-millimetrerocket systems have maximum ranges of between 12 and 22 kilometres. 41931165. With regard to the accuracy of artillery weapons, Konings testified that artillery,mortar and rocket systems are designed to combat area targets, such as concentrations offorces, supply areas, larger command posts or other areas of 100 to 150 metres, withfired rounds landing apart from each other over a certain area, providing areacoverage. 4194 These systems are too inaccurate to engage smaller, point targets, such asa single vehicle or a command post of less than 50 by 50 metres, and a high number ofprojectiles would have to be fired at a point target to destroy or neutralize it. 4195 Forexample, Konings noted that a single command post may be less than 50 by 50 metres,4189 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 1;Harry Konings, T.14302-14304, 14306-14307, 14349, 14486, 14545; P1258 (Curriculum Vitae of HarryKonings).4190 Geoffrey Corn, T. 21143-21150, 21221-21222, 21278, 21282; D1641 (Curriculum Vitae of GeoffreyCorn).4191 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 9.4192 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 10-11.4193 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 11.4194 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 11,13; Annex A, p. 5; P1260 (Harry Konings, Addendum to expert report), p. 4; Harry Konings, T. 14312-14313, 14465.4195 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 11,13, Annex A, p. 5; P1260 (Harry Konings, Addendum to expert report), p. 4; Harry Konings, T. 14314,14397, 14465.595Case No.: IT-06-90-T 15 April 2011 `

38720Konings, a Luitenant Colonel in the Roy<strong>al</strong> N<strong>et</strong>herlands army and an expert in the use ofartillery in military operations, 4189 and Geoffrey Corn, an expert on the practic<strong>al</strong>application of the laws of war in military operations. 41901164. Konings testified about the properties of the different types of artillery weapons,including with regard to their ranges and rates of fire. Specific<strong>al</strong>ly, Konings testifiedthat Howitzers are high angle indirect fire weapon systems, whose projectiles follow ab<strong>al</strong>listic trajectory after being fired from the barrel at an angle. 155-millim<strong>et</strong>reHowitzers can fire shells with a rate of fire of two to three rounds per minute with awell-trained crew, <strong>al</strong>though sustained fire is gener<strong>al</strong>ly one round per minute. 130-millim<strong>et</strong>re Howitzers are comparable to 155-millim<strong>et</strong>re Howitzers and have ranges ofup to 28 kilom<strong>et</strong>res. 4191 Mortars are characterised by the delivery of high-angle fire anda high rate of fire of up to 10 or more rounds per minute, over a relatively shortrange. 4192 The 120-millim<strong>et</strong>re mortar has a rate of fire of four to six rounds per minutewith a range of up to eight kilom<strong>et</strong>res. Rock<strong>et</strong>s have their own propulsion systems andare fired from rock<strong>et</strong> launchers, which tend to have high rates of fire. 128-millim<strong>et</strong>rerock<strong>et</strong> systems have maximum ranges of b<strong>et</strong>ween 12 and 22 kilom<strong>et</strong>res. 41931165. With regard to the accuracy of artillery weapons, Konings testified that artillery,mortar and rock<strong>et</strong> systems are designed to combat area targ<strong>et</strong>s, such as concentrations offorces, supply areas, larger command posts or other areas of 100 to 150 m<strong>et</strong>res, withfired rounds landing apart from each other over a certain area, providing areacoverage. 4194 These systems are too inaccurate to engage sm<strong>al</strong>ler, point targ<strong>et</strong>s, such asa single vehicle or a command post of less than 50 by 50 m<strong>et</strong>res, and a high number ofprojectiles would have to be fired at a point targ<strong>et</strong> to destroy or neutr<strong>al</strong>ize it. 4195 Forexample, Konings noted that a single command post may be less than 50 by 50 m<strong>et</strong>res,4189 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 1;Harry Konings, T.14302-14304, 14306-14307, 14349, 14486, 14545; P1258 (Curriculum Vitae of HarryKonings).4190 Geoffrey Corn, T. 21143-21150, 21221-21222, 21278, 21282; D1641 (Curriculum Vitae of GeoffreyCorn).4191 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 9.4192 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 10-11.4193 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), p. 11.4194 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 11,13; Annex A, p. 5; P1260 (Harry Konings, Addendum to expert report), p. 4; Harry Konings, T. 14312-14313, 14465.4195 P1259 (Harry Konings, expert report, “Fire support during Operation Storm, August 1995”), pp. 11,13, Annex A, p. 5; P1260 (Harry Konings, Addendum to expert report), p. 4; Harry Konings, T. 14314,14397, 14465.595Case No.: IT-06-90-T 15 April 2011 `

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