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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38593from 3 p.m. on 4 August 1995. Rajčić testified that the use of the T-130 millimetre gunsfor artillery support for units at a tactical level also resulted in gaps in their firing onmilitary objectives in Knin. Based on the observations of Hill, Dawes, Forand, Roberts,and Williams, combined with the artillery reports, the Trial Chamber finds that on 4August 1995 the HV deliberately fired artillery projectiles into Knin at definedintervals, which intervals were often apparently defined in advance.1370. Hill testified that on 4 August 1995, he observed air-burst artillery explodingabove Knin. Williams testified that on 5 August 1995, at an intersection near the UNcompound, he came under air-burst mortar fire. However, Berikoff, who was alsopresent at the intersection on that day, testified that a mortar round hit near theirlocation, but did not mention any air-burst fire. Rajčić testified that the HV did not useproximity-sensor fuses, only contact ignition fuses, during Operation Storm. No otherwitness testified that they observed air-burst artillery exploding above Knin on 4 or 5August 1995, nor was this recorded in any contemporaneous documentation. Underthese circumstances, the Trial Chamber is not satisfied that Hill and Williams correctlyidentified air-burst artillery fire on 4 and 5 August 1995.1371. Dawes testified that on 4 August 1995, while travelling with Dreyer, he sawwhat he believed to be 20-30 bomblets from cluster munitions in a street in Knin.Dawes could not remember the exact location of these objects. Dreyer did not mentionobserving such bomblets. The Trial Chamber notes that Dawes is not an expert inrecognizing different types of munitions and that his testimony indicates that he onlybriefly observed the objects from a distance. Rajčić testified that the HV neither usednor had cluster munitions during Operation Storm. No other witness testified that theyobserved cluster munitions exploding in Knin on 4 or 5 August 1995, nor was the use ofsuch munitions recorded in any contemporaneous documentation. Under thesecircumstances, the Trial Chamber is not satisfied that Dawes correctly identified the 20-30 objects he saw in the road in Knin on 4 August 1995 as bomblets emanating fromcluster munitions.1372. The witnesses who were present in Knin on 4 and 5 August 1995 also testifiedabout where artillery projectiles impacted within Knin. Several witnesses providedgeneral characterisations of the shelling, such as being all over Knin (by Novaković andMrkšić) or as being, in their opinion, indiscriminate. While the Trial Chamber did notconsider such general impressions to be irrelevant to establishing the overall picture of722Case No.: IT-06-90-T 15 April 2011 `

38592the shelling of Knin, it has focussed on the evidence which provided specific locationsof impacts. A large number of witnesses indicated the specific locations where theyobserved impacts by marking such areas on aerial photographs of Knin. The TrialChamber considers that such markings are approximations. The markings do not reflecthow many projectiles impacted in the marked areas, nor where within the marked areathe projectile(s) landed, unless the witness specified otherwise. The Trial Chamber hascarefully considered such markings and, relying in part on maps P2340 and D1261,established their approximate distances from other objects within Knin. The TrialChamber has further received photographs of damage to buildings in Knin caused byartillery, including photographs taken in what Berikoff referred to as residential areas.1373. The Trial Chamber will first address the evidence of impacts observed in thedowntown area of Knin, south of the railway tracks which run through the centre oftown. Based on the evidence of Mrkšić, Novaković, and SVK intelligence report D389,the Trial Chamber finds that on 4 August 1995, including at or shortly after 5 a.m., theHV fired artillery projectiles, including rockets, which impacted in the immediatevicinity of the SVK headquarters (marked H on P1095). One of these projectilesimpacted in the SVK headquarters parking lot, damaging several vehicles there, whileothers impacted on buildings next to and across the street from the adjacent Army Hall(marked I on P1095). Further, based on the evidence of Mrkšić, Novaković, Witness 56,Dawes, Leslie, Dangerfield and Bellerose, the Trial Chambers finds that on 4 August1995, the HV fired artillery projectiles which struck the railway station (marked E8 onD131), which was less than 100 metres north of the SVK headquarters. Based on theevidence of Dawes, Roberts, Al-Alfi, and Novaković, the Trial Chamber finds that theHV fired artillery projectiles which struck the Radio TV Knin building (marked A onP1095), located less than 100 metres south-west of the SVK headquarters.1374. Rajčić identified the SVK headquarters, the post office, and railway station astargets fired at during Operation Storm. The Trial Chamber recalls that the TS-3, theTS-4, and the 7th Guards Brigade reported firing 130-millimetre shells and 122-millimetre rockets at the SVK headquarters, the post office, and the railway station on 4August 1995. The 7th Guards Brigade also reported firing at “S-54” on that day, which,based on map Ivančića P2338, the Trial Chamber understands to refer to an area aroundthe train station. This reporting and the finding that artillery projectiles impacted on orin the immediate vicinity of these buildings on 4 August 1995, indicates that the HV723Case No.: IT-06-90-T 15 April 2011 `

38592the shelling of Knin, it has focussed on the evidence which provided specific locationsof impacts. A large number of witnesses indicated the specific locations where theyobserved impacts by marking such areas on aeri<strong>al</strong> photographs of Knin. The Tri<strong>al</strong>Chamber considers that such markings are approximations. The markings do not reflecthow many projectiles impacted in the marked areas, nor where within the marked areathe projectile(s) landed, unless the witness specified otherwise. The Tri<strong>al</strong> Chamber hascarefully considered such markings and, relying in part on maps P2340 and D1261,established their approximate distances from other objects within Knin. The Tri<strong>al</strong>Chamber has further received photographs of damage to buildings in Knin caused byartillery, including photographs taken in what Berikoff referred to as residenti<strong>al</strong> areas.1373. The Tri<strong>al</strong> Chamber will first address the evidence of impacts observed in thedowntown area of Knin, south of the railway tracks which run through the centre oftown. Based on the evidence of Mrkšić, Novaković, and SVK intelligence report D389,the Tri<strong>al</strong> Chamber finds that on 4 August 1995, including at or shortly after 5 a.m., theHV fired artillery projectiles, including rock<strong>et</strong>s, which impacted in the immediatevicinity of the SVK headquarters (marked H on P1095). One of these projectilesimpacted in the SVK headquarters parking lot, damaging sever<strong>al</strong> vehicles there, whileothers impacted on buildings next to and across the stre<strong>et</strong> from the adjacent Army H<strong>al</strong>l(marked I on P1095). Further, based on the evidence of Mrkšić, Novaković, Witness 56,Dawes, Leslie, Dangerfield and Bellerose, the Tri<strong>al</strong> Chambers finds that on 4 August1995, the HV fired artillery projectiles which struck the railway station (marked E8 onD131), which was less than 100 m<strong>et</strong>res north of the SVK headquarters. Based on theevidence of Dawes, Roberts, Al-Alfi, and Novaković, the Tri<strong>al</strong> Chamber finds that theHV fired artillery projectiles which struck the Radio TV Knin building (marked A onP1095), located less than 100 m<strong>et</strong>res south-west of the SVK headquarters.1374. Rajčić identified the SVK headquarters, the post office, and railway station astarg<strong>et</strong>s fired at during Operation Storm. The Tri<strong>al</strong> Chamber rec<strong>al</strong>ls that the TS-3, theTS-4, and the 7th Guards Brigade reported firing 130-millim<strong>et</strong>re shells and 122-millim<strong>et</strong>re rock<strong>et</strong>s at the SVK headquarters, the post office, and the railway station on 4August 1995. The 7th Guards Brigade <strong>al</strong>so reported firing at “S-54” on that day, which,based on map Ivančića P2338, the Tri<strong>al</strong> Chamber understands to refer to an area aroundthe train station. This reporting and the finding that artillery projectiles impacted on orin the immediate vicinity of these buildings on 4 August 1995, indicates that the HV723Case No.: IT-06-90-T 15 April 2011 `

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