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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386011350. Jan Elleby testified that he noticed that most destruction in Knin had occurred inthe areas around the Serb military barracks and the government buildings while, forexample, the area around the Knin hospital and the UN compound was completely orpartially unharmed. 5322 According to a UNCIVPOL memo, dated 18 August 1995, twoUNCIVPOL officers surveyed all of Knin and observed several impacts of shells inKnin, around the TVIK factory, the “milicija” headquarters, in the general direction ofthe Northern barracks, and between the Government House (White House), the KninRadio/TV building, and the hillside below Knin castle. The officers found the area southof Knin hospital unharmed. 53231351. Kari Anttila, an UNMO in Sector South from 14 August 1995 until 27November 1995, 5324 was tasked by the Senior Military Observer Steinar Hjertnes tocarry out a crater analysis in Knin on 17 August 1995 together with Tor Munkelien. 5325Anttila testified that there were a total of six impacts caused by the rockets, three ofwhich were analyzed by himself, the remaining three by Munkelien. 53261352. Tor Munkelien, an UNMO based in Knin from 14 August 1995 to 1 December1995, 5327 testified that on 17 August 1995, Steinar Hjertnes assigned Tor Munkelienand Kari Anttila to conduct crater analyses at a location in Knin. 5328 They found a totalof six impacts. 53295322 P214 (Jan Elleby, witness statement, 17 September 1995), p. 2; P215 (Jan Elleby, witness statement,14 September 1997), p. 2; Jan Elleby, T. 3341-3342, 3368-3369; P284 (Aerial photograph of Knin,marked by Jan Elleby), areas where Elleby observed damage by shelling marked D, E, F.5323 P228 (UNCIVPOL memo from Steinar Hagvag to UNCIVPOL chief of Sector South, 18 August1995), p. 1.5324 P171 (Kari Anttila, witness statement, 8 January 1996), p. 1; P172 (Kari Anttila, witness statement,16 October 1997), pp. 1-2; P173 (Kari Anttila, witness statement, 12 December 2007), p. 1, para. 2; KariAnttila, T. 2508.5325 P173 (Kari Anttila, witness statement, 12 December 2007), para. 3; Kari Anttila, T. 2515-2519; P60(Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila); P174 (Aerialphotograph of Knin, marked by Kari Anttila), “A” marking location of crater analysis.5326 Kari Anttila, T. 2545-2546.5327 P60 (Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila), p. 1; P61(Tor Munkelien, witness statement, 10 January 2008), paras 1, 3; Tor Munkelien, T. 1514, 1546; D91(Tor Munkelien, witness statement, 4 September 1999), p. 3.5328 P60 (Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila), p. 3; P61(Tor Munkelien, witness statement, 10 January 2008), paras 16-18; D91 (Tor Munkelien, witnessstatement, 4 September 1999), p. 2; Tor Munkelien, T. 1502, 1511, 1536, 1540-1541, 1556, 1558; P70(Aerial map of Knin, marked by Tor Munkelien), “A” marking the area where he conducted crateranalyses; D83 (Photograph of rocket remains).5329 P60 (Tor Munkelien, witness statement, 18 December 1995), p. 3; P61 (Tor Munkelien, witnessstatement, 10 January 2008), paras 16-18; Tor Munkelien, T. 1502, 1511, 1536, 1540-1541, 1556, 1558;P70 (Aerial map of Knin marked by Tor Munkelien), “A” marking the area where he conducted crateranalyses; D83 (Photograph of rocket remains).714Case No.: IT-06-90-T 15 April 2011 `

386001353. The Trial Chamber has carefully considered the testimony of Anttila andMunkelien in respect of the crater analyses they conducted on 17 August 1995.Munkelien and Anttila’s analysis concluded that a rocket recovered was from a 128-millimetre M-63 MBRL, fired from the direction of approximately 20 degrees North-North-East. 5330 Based on the testimony of Munkelien and Anttila, the Trial Chamberconsiders that their reported findings on the location of the impact, as well as the type ofrocket (M-63), appear to have been faulty. Neither witness had the required expertise orexperience to conduct professional artillery crater analyses. Consequently, the TrialChamber deems the results of their crater analysis to be unreliable. In their final briefs,the Gotovina Defence contend that this crater analysis, and in particular the length ofthe 128 mm rocket, indicate that the SVK fired this rocket from the direction ofStrmica. 5331 In light of the errors in the crater analysis regarding the location and type ofrocket, the Trial Chamber considers the testimony of Munkelien and Anttila, their crateranalysis report, and the photographs tendered through these witnesses, to beinsufficiently reliable to establish the length and calibre of the rocket they recovered.Consequently, the Trial Chamber is unable to conclude on the basis of this evidencewhich forces fired the recovered rocket.1354. A report prepared by the UNMO Steinar Hjertnes, dated 18 August 1995,recorded a provisional assessment of damage caused by HV operations in Knin on 4-6August 1995, stating that in general, the shelling on Knin was concentrated againstmilitary objectives, with only a few impacts (three to five) observed in other urbanareas. 5332 The report further stated that the UNMO team observed 44 shelled buildings,of which 21 were severely damaged and 23 were slightly damaged. 53331355. Commenting on the report on provisional assessment of damage caused by theHV operations on 4 to 6 August 1995, which states that the operations by the HV onthose days were limited to military targets, Kari Anttila stated that it was based on avery brief assessment of only 70 per cent of Knin town, carried out by UNMO TeamPodkonje of which he was a part, on information collected in just one afternoon. 53345330 P60 (Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila), p. 3.5331 Gotovina Defence Final Trial Brief, para. 318 and footnote 554. See also closing arguments T. 29230-29231.5332 P61 (Tor Munkelien, witness statement, 10 January 2008), para. 40; Tor Munkelien, T. 1690-1691;P64 (Report of provisional assessment of damage to Knin, dated 18 August 1995).5333 P64 (Report of provisional assessment of damage to Knin, dated 18 August 1995).5334 P171 (Kari Anttila, witness statement, 8 January 1996), paras 1-2; P173 (Kari Anttila, witnessstatement, 12 December 2007), paras 11-13; Kari Anttila, T. 2513-2516, 2568-2569; P63 (Instruction to715Case No.: IT-06-90-T 15 April 2011 `

386001353. The Tri<strong>al</strong> Chamber has carefully considered the testimony of Anttila andMunkelien in respect of the crater an<strong>al</strong>yses they conducted on 17 August 1995.Munkelien and Anttila’s an<strong>al</strong>ysis concluded that a rock<strong>et</strong> recovered was from a 128-millim<strong>et</strong>re M-63 MBRL, fired from the direction of approximately 20 degrees North-North-East. 5330 Based on the testimony of Munkelien and Anttila, the Tri<strong>al</strong> Chamberconsiders that their reported findings on the location of the impact, as well as the type ofrock<strong>et</strong> (M-63), appear to have been faulty. Neither witness had the required expertise orexperience to conduct profession<strong>al</strong> artillery crater an<strong>al</strong>yses. Consequently, the Tri<strong>al</strong>Chamber deems the results of their crater an<strong>al</strong>ysis to be unreliable. In their fin<strong>al</strong> briefs,the <strong>Gotovina</strong> Defence contend that this crater an<strong>al</strong>ysis, and in particular the length ofthe 128 mm rock<strong>et</strong>, indicate that the SVK fired this rock<strong>et</strong> from the direction ofStrmica. 5331 In light of the errors in the crater an<strong>al</strong>ysis regarding the location and type ofrock<strong>et</strong>, the Tri<strong>al</strong> Chamber considers the testimony of Munkelien and Anttila, their crateran<strong>al</strong>ysis report, and the photographs tendered through these witnesses, to beinsufficiently reliable to establish the length and c<strong>al</strong>ibre of the rock<strong>et</strong> they recovered.Consequently, the Tri<strong>al</strong> Chamber is unable to conclude on the basis of this evidencewhich forces fired the recovered rock<strong>et</strong>.1354. A report prepared by the UNMO Steinar Hjertnes, dated 18 August 1995,recorded a provision<strong>al</strong> assessment of damage caused by HV operations in Knin on 4-6August 1995, stating that in gener<strong>al</strong>, the shelling on Knin was concentrated againstmilitary objectives, with only a few impacts (three to five) observed in other urbanareas. 5332 The report further stated that the UNMO team observed 44 shelled buildings,of which 21 were severely damaged and 23 were slightly damaged. 53331355. Commenting on the report on provision<strong>al</strong> assessment of damage caused by theHV operations on 4 to 6 August 1995, which states that the operations by the HV onthose days were limited to military targ<strong>et</strong>s, Kari Anttila stated that it was based on avery brief assessment of only 70 per cent of Knin town, carried out by UNMO TeamPodkonje of which he was a part, on information collected in just one afternoon. 53345330 P60 (Tor Munkelien, witness statement, 18 December 1995, co-signed by Kari Anttila), p. 3.5331 <strong>Gotovina</strong> Defence Fin<strong>al</strong> Tri<strong>al</strong> Brief, para. 318 and footnote 554. See <strong>al</strong>so closing arguments T. 29230-29231.5332 P61 (Tor Munkelien, witness statement, 10 January 2008), para. 40; Tor Munkelien, T. 1690-1691;P64 (Report of provision<strong>al</strong> assessment of damage to Knin, dated 18 August 1995).5333 P64 (Report of provision<strong>al</strong> assessment of damage to Knin, dated 18 August 1995).5334 P171 (Kari Anttila, witness statement, 8 January 1996), paras 1-2; P173 (Kari Anttila, witnessstatement, 12 December 2007), paras 11-13; Kari Anttila, T. 2513-2516, 2568-2569; P63 (Instruction to715Case No.: IT-06-90-T 15 April 2011 `

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