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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38525Herzegovina, lasting approximately one and a half hours starting at 6:30 p.m. 5730 In theafternoon of 3 August 1995, Captain Rob Williams came from Zagreb to Knin andinformed General Forand, Colonel Leslie and Berikoff of a possible offensive in theKrajina in the next few days. 5731 This confirmed information from various sources,including “locals”, that the Croatian forces would attack, at least if the peacenegotiations failed. 5732 Berikoff accompanied Williams to Strmica, where they saw thecheck-point and heard the shelling in the Bosansko Grahovo area. 5733 Berikoff testifiedthat he observed at least a company’s strength of SVK troops in the Strmica area atvarious times. 5734 Berikoff stated that by 30 July 1995 there was no SVK presence inStrmica, but that there was a military camp not far outside it, and that, on severaloccasions including on 30 July 1995, he observed movements of various SVK vehiclesincluding tanks between the camp and the area of Bosansko Grahovo. 57351499. Mile Mrkšić, the commander of the SVK Main Staff from May 1995, 5736testified that between 28 July and 1 August 1995, after the HV and HVO took Grahovo,in Bosnia-Herzegovina, he transferred forces to undertake a two-day tactical action inthe area of Strmica, in Knin municipality, although this was quickly abandoned whenthe corps commander saw they could not achieve anything. 5737 The 7th Corps forwardcommand post was located some 500 metres from the front line on the slopes of theDinara, near Strmica along a stretch of road leading to Grahovo. 5738 From 1 to 4 August1995, Kovačević, the commander of the 7th corps, was at the forward command post onthe Dinara slopes, conducting the fighting and slowing down the movements towardsStrmica and Krno. 5739 According to a 9 August 1995 report by Kovačević, at 10 a.m. on4 August 1995, the police forces that had been holding positions on the Dinaramountain began retreating in an organized manner, which resulted in the retreat of the5730 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (c); P741 (Philip Berikoff, witnessstatement, 11 December 2007), para. 1; D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 4;Philip Berikoff, T. 7669-7670; P744 (Report by Robert Williams on the situation in Sector South between8 July and 18 August 1995), p. 2; P748 (Berikoff’s daily journal, 17 July – 6 September 1995), p. 4.5731 D284 (Philip Berikoff, witness statement, 26-27 May 1997), pp. 6, 10; Philip Berikoff, T. 7909.5732 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 10; Philip Berikoff, T. 7659, 7875,7909-7910.5733 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 6.5734 Philip Berikoff, T. 7671.5735 P741 (Philip Berikoff, witness statement, 11 December 2007), para. 1; D735 (Philip Berikoff, witnessstatement, 30 August 2008), p. 1; Philip Berikoff, T. 7668, 7670-7672; P748 (Berikoff’s daily journal, 17July – 6 September 1995), pp. 3-4.5736 Mile Mrkšić, T. 18751, 18993.5737 Mile Mrkšić, T. 18843-18845.5738 Mile Mrkšić, T. 18879, 19042, 19044.790Case No.: IT-06-90-T 15 April 2011 `

38524remaining 7th Corps units. 5740 Mrkšić saw that the 7th Corps forces on the Dinara frontline were under intense artillery fire. 5741 According to Kovačević’s 9 August 1995report, the 7th Corps units abandoned their dominant positions on the Dinara, in partbecause the unaccustomed soldiers felt pressured by the Croatian artillery, and onlyparts of units occupied the unprepared positions in the depth along the axis from Igla, inKnin municipality to Crvena Zemlja to Knin, in a disorganized manner. 5742 Mrkšićtestified that Kovačević moved from Strmica, in Knin municipality, and relocated to thecommand post at Pañene, in Ervenik municipality, above Knin, to supervise the pullingout of troops. 57431500. John Hill, Commanding Officer of the International Military Police in SectorSouth from early June 1995 to 8 December 1995, 5744 testified that some days before 4August 1995, he and others went to Strmica to check on a Kenyan company positionbecause the Croats had shelled Strmica. 5745 He saw SVK tanks, APCs, and camouflagedsoldiers in Strmica, and also cannon shells from cannons which were mounted on APCs,on the road which indicated to him that they had been fired from there. 5746 Hill sawthree dug-in SVK guns in a battery position above the waterfalls north-east of Knin nearStrmica prior to Operation Storm. 57471501. Witness 56, a Serb policeman in Knin between May 1994 and 5 August1995, 5748 testified that as a result of the shelling of Strmica, the overwhelming majorityof the civilian population of the village fled to Knin and other villages further west. 5749There was a military barracks in the outskirts of Strmica towards the hills which waspartly used by the Ministry of the Interior as a storage space. 5750 Storage sites for e.g.ammunition were in Golubić in Knin municipality, in Strmica in Knin municipality, and5739 Mile Mrkšić, T. 19027, 19029.5740 D1516 (Report on the conduct of combat activities of the 7th Corps from 29 July to 6 August 1995,Slobodan Kovačević, 9 August 1995), p. 2.5741 Mile Mrkšić, T. 18926.5742 D1516 (Report on the conduct of combat activities of the 7th Corps from 29 July to 6 August 1995,Slobodan Kovačević, 9 August 1995), pp. 2-4.5743 Mile Mrkšić, T. 18879, 19030, 19035, 19104.5744 P291 (John Hill, witness statement, 23 August 1996), p. 2; P292 (John Hill, witness statement, 21January 1998), pp. 3, 93; P293 (John Hill, witness statement, 2 November 1999), p. 3.5745 P292 (John Hill, witness statement, 21 January 1998), p. 6; John Hill, T. 3898.5746 P292 (John Hill, witness statement, 21 January 1998), p. 6; John Hill, T. 3732, 3812-3815.5747 P291 (John Hill, witness statement, 23 August 1996), p. 3; John Hill, T. 3810-3812, 3815.5748 P286 (Witness 56, witness statement, 5 December 1996), pp. 1-2; P287 (Witness 56, witnessstatement, 18 September 2000), p. 1; P288 (Witness 56, witness statement, 12 June 2007), p. 1, para. 2;P289 (Witness 56, witness statement, 21 May 2008), p. 1; Witness 56, T. 3686.5749 P288 (Witness 56, witness statement, 12 June 2007), para. 8.5750 Witness 56, T. 3620-3621.791Case No.: IT-06-90-T 15 April 2011 `

38525Herzegovina, lasting approximately one and a h<strong>al</strong>f hours starting at 6:30 p.m. 5730 In theafternoon of 3 August 1995, Captain Rob Williams came from Zagreb to Knin andinformed Gener<strong>al</strong> Forand, Colonel Leslie and Berikoff of a possible offensive in theKrajina in the next few days. 5731 This confirmed information from various sources,including “loc<strong>al</strong>s”, that the Croatian forces would attack, at least if the peacenegotiations failed. 5732 Berikoff accompanied Williams to Strmica, where they saw thecheck-point and heard the shelling in the Bosansko Grahovo area. 5733 Berikoff testifiedthat he observed at least a company’s strength of SVK troops in the Strmica area atvarious times. 5734 Berikoff stated that by 30 July 1995 there was no SVK presence inStrmica, but that there was a military camp not far outside it, and that, on sever<strong>al</strong>occasions including on 30 July 1995, he observed movements of various SVK vehiclesincluding tanks b<strong>et</strong>ween the camp and the area of Bosansko Grahovo. 57351499. Mile Mrkšić, the commander of the SVK Main Staff from May 1995, 5736testified that b<strong>et</strong>ween 28 July and 1 August 1995, after the HV and HVO took Grahovo,in Bosnia-Herzegovina, he transferred forces to undertake a two-day tactic<strong>al</strong> action inthe area of Strmica, in Knin municip<strong>al</strong>ity, <strong>al</strong>though this was quickly abandoned whenthe corps commander saw they could not achieve anything. 5737 The 7th Corps forwardcommand post was located some 500 m<strong>et</strong>res from the front line on the slopes of theDinara, near Strmica <strong>al</strong>ong a str<strong>et</strong>ch of road leading to Grahovo. 5738 From 1 to 4 August1995, Kovačević, the commander of the 7th corps, was at the forward command post onthe Dinara slopes, conducting the fighting and slowing down the movements towardsStrmica and Krno. 5739 According to a 9 August 1995 report by Kovačević, at 10 a.m. on4 August 1995, the police forces that had been holding positions on the Dinaramountain began r<strong>et</strong>reating in an organized manner, which resulted in the r<strong>et</strong>reat of the5730 P740 (Philip Berikoff, witness statement, 21 May 1997), para. 2 (c); P741 (Philip Berikoff, witnessstatement, 11 December 2007), para. 1; D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 4;Philip Berikoff, T. 7669-7670; P744 (Report by Robert Williams on the situation in Sector South b<strong>et</strong>ween8 July and 18 August 1995), p. 2; P748 (Berikoff’s daily journ<strong>al</strong>, 17 July – 6 September 1995), p. 4.5731 D284 (Philip Berikoff, witness statement, 26-27 May 1997), pp. 6, 10; Philip Berikoff, T. 7909.5732 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 10; Philip Berikoff, T. 7659, 7875,7909-7910.5733 D284 (Philip Berikoff, witness statement, 26-27 May 1997), p. 6.5734 Philip Berikoff, T. 7671.5735 P741 (Philip Berikoff, witness statement, 11 December 2007), para. 1; D735 (Philip Berikoff, witnessstatement, 30 August 2008), p. 1; Philip Berikoff, T. 7668, 7670-7672; P748 (Berikoff’s daily journ<strong>al</strong>, 17July – 6 September 1995), pp. 3-4.5736 Mile Mrkšić, T. 18751, 18993.5737 Mile Mrkšić, T. 18843-18845.5738 Mile Mrkšić, T. 18879, 19042, 19044.790Case No.: IT-06-90-T 15 April 2011 `

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