Gotovina et al Judgement Volume I - ICTY

38568projectiles included shells from 130-millimetre guns located in the village of GornjiDebeljak in Sukošan municipality, at a distance of approximately 19 kilometres fromBenkovac, and/or 203-millimetre howitzers, and that at least between 2 and 4 p.m. on 4August 1995, these projectiles included rockets from a 122-millimetre MBRL.1422. The Trial Chamber now turns to the question of which objects the HV identifiedas designated targets in and in the immediate vicinity of Benkovac town. The TrialChamber has considered the aforementioned orders of Gotovina, Rajčic, and Firšt(P1125, D970, and P1201 respectively) to put the town of Benkovac under artillery fire,without further specifying what should be targeted. The Trial Chamber has alsoconsidered Fuzul’s order, P1263, to lay down fire on Benkovac. The Trial Chamber alsoconsiders the 134th Home Guard Regiment report, P1200, which states that on 4 August1995 OG Zadar was shelling, without monitoring, the general area of Benkovac,without further specifying what was being targeted. The same report recorded thefollowing message sent at 5:30 a.m. that day: “Is anything falling on Benkovac?”. TheTrial Chamber will consider in chapter 5.8.2 (i) whether the attack orders should beinterpreted to mean that the town of Benkovac as such was identified as a target.1423. In relation to specific planned targets within Benkovac, the Trial Chamber finds,based on the evidence of Rajčić, that the HV planned to fire at the Slobodan Macurabarracks, the police station, and a cross-roads in Benkovac. The Trial Chamber alsonotes that according to HV Main Staff order D956, artillery and rocket support were tofocus on inter alia neutralising artillery, including ammunition and fuel depots, in thearea of Benkovac and preventing an enemy counter attack from the direction ofBenkovac. The Trial Chamber has also received evidence from D1447 and P1273 onother objects in and around Benkovac which were identified by the HV prior toOperation Storm. The “Jagoda” list, D1447, lists the following objects in and aroundBenkovac: the Slobodan Macura barracks, Benkovačko Selo, the police station, a winecellar, the cool storage, the ‘Kepol’ (glue) factory, the ‘Plodine’ (food warehouse), andthe fireman’s hall. Further, the following objects in Benkovac were listed as targets onP1273, the “Poskok-93” map: the Benkovac barracks, the police station, “Benkovacvillage – north of the city, combat position”, and a hotel. The Trial Chamber considersthat the “Jagoda” list and “Poskok-93” map contain information regarding objects inBenkovac and its immediate surroundings that was available to the HV and its artilleryunits at some point prior to Operation Storm. The Trial Chamber has received no747Case No.: IT-06-90-T 15 April 2011 `