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Stanisic and Simatovic Judgement Part II

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Stanisic and Simatovic Judgement Part II IT-03-69-T 49681 D49681 - D49230 International Tribunal for the UNITED Case No. IT-03-69-T Prosecution of Persons Responsible for NATIONS Serious Violations of International Date: 30 May 2013 Humanitarian Law Committed in the Territory of the Former Yugoslavia Original: English since 1991 IN TRIAL CHAMBER I Before: Judge Alphons Orie, Presiding Judge Michèle Picard Judge Elizabeth Gwaunza Registrar: Mr John Hocking Judgement of: 30 May 2013 PROSECUTOR v. JOVICA STANIŠIĆ FRANKO SIMATOVIĆ PUBLIC ___________________________________________________________________________ JUDGEMENT VOLUME II OF II ___________________________________________________________________________ Office of the Prosecutor Counsel for Jovica Stanišić Mr Dermot Groome Mr Wayne Jordash Ms Maxine Marcus Mr Scott Martin Mr Travis Farr Ms Rachel Friedman Ms Grace Harbour Counsel for Franko Simatović Mr Adam Weber Mr Mihajlo Bakrač Mr Vladimir Petrović 49680 Table of contents General abbreviations 7 1. Introduction 10 2. Evidentiary issues 12 3. Crimes 27 3.1 SAO Krajina 27 3.1.1 Murder of 56 non-Serb civilians near Baćin on 21 October 1991 (Indictment, para. 27) 27 3.1.2 Murder of non-Serb villagers of Saborsko, Poljanak, and Lipovača between August and November 1991 (Indictment, para. 28) 35 3.1.3 Murder of nine civilians in Vukovići on 7 November 1991 (Indictment, para. 30) 41 3.1.4 Murder of at least 20 Croat civilians in Saborsko on 12 November 1991 (Indictment, para. 31) 44 3.1.5 Murder of at least 38 non-Serb civilians in Škabrnja on 18 November 1991 (Indictment, para. 32) 54 3.1.6 Murder of ten civilians in Marinović hamlet in Bruška village on 21 December 1991 (Indictment, para. 35) 67 3.1.7 Incidents of deportation and forcible transfer 72 3.2 SAO SBWS 162 3.2.1 Murder of eleven detainees at the Dalj police building on 21 September 1991 (Indictment, para. 36) 162 3.2.2 Murder of 26 Croat civilians at the Dalj police building on 4 October 1991 (Indictment, para. 37) 168 3.2.3 Murder of Croat and ethnic Hungarian civilians at the Erdut training centre on and after 9 November 1991 (Indictment, para. 38) 175 3.2.4 Murder of non-Serb civilians at the Erdut training centre on 11 November 1991 (Indictment, para. 39) 185 3.2.5 Murder of Croat and ethnic Hungarian civilians at the Erdut training centre on or about 26 December 1991 (Indictment, para. 42) 190 3.2.6 Incidents of deportation and forcible transfer 194 3.3 Bijeljina 225 3.3.1 Incidents of deportation and forcible transfer 225 3.4 Bosanski Šamac 232 3.4.1 Murder of at least 16 non-Serb civilians in Crkvina on or about 7 May 1992 (Indictment, para. 50) 232 Case No. IT-03-69-T 438 30 May 2013 49679 3.4.2 Incidents of deportation and forcible transfer 239 3.5 Doboj 269 3.5.1 Murder of approximately 27 non-Serb civilians by using them as human shields on or about 12 July 1992 (Indictment, para. 54) 269 3.5.2 Incidents of deportation and forcible transfer 278 3.6 Sanski Most 308 3.6.1 Murder of eleven non-Serb men in Trnova on or about 20 September 1995 (Indictment, para. 56) 308 3.6.2 Murder of 65 non-Serb civilians in Sasina on or about 21 September 1995 (Indictment, para. 57) 313 3.6.3 Incidents of deportation and forcible transfer 320 3.7 Trnovo 343 3.7.1 Murder of six Muslim men and boys at Godinjske Bare in July 1995 (Indictment, para. 61) 343 3.8 Zvornik 348 3.8.1 Murder of approximately 20 non-Serb civilians in Zvornik on or about 8 April 1992 (Indictment, para. 62) 348 3.8.2 Incidents of deportation and forcible transfer 352 4. Legal findings on crimes 375 4.1 Violations of the laws or customs of war: general elements and jurisdictional requirements 375 4.1.1 Applicable law 375 4.1.2 Legal findings 377 4.2 Crimes against humanity: general elements and jurisdictional requirement 379 4.2.1 Applicable law 379 4.2.2 Legal findings 381 4.3 Murder 383 4.3.1 Applicable law 383 4.3.2 Legal findings 383 4.4 Deportation and forcible transfer 390 4.4.1 Applicable law 390 4.4.2 Legal findings 391 4.5 Persecution 432 4.5.1 Applicable law 432 4.5.2 Legal findings 433 5. The law on responsibility 443 5.1 Joint criminal enterprise 443 Case No. IT-03-69-T 439 30 May 2013 49678 5.2 Planning, ordering, and aiding and abetting 446 6. The Accused’s responsibility 449 6.1 Introduction 449 6.2 Position and powers of the Accused 452 6.2.1 Jovica Stanišić 452 6.2.2 Franko Simatović 457 6.3 The Unit 460 6.3.1 Introduction 460 6.3.2 The Accused directed and organized the formation of the Unit 460 6.3.3 The Accused directed the the Unit in particular operations in Croatia and Bosnia-Herzegovina; organized, supplied, financed, and supported the involvement of the Unit in particular operations; and directed and organized the financing, training, logistical support, and other substantial assistance or support for the Unit 517 6.3.4 The Accused failed to instruct the Unit to refrain from committing unlawful acts 618 6.4 The Serbian Volunteer Guard 619 6.4.1 Introduction 619 6.4.2 The Accused directed and organized the formation of the Serbian Volunteer Guard 619 6.4.3 The Accused directed the the Serbian Volunteer Guard in particular operations in Croatia and Bosnia-Herzegovina 621 6.4.4 The Accused organized, supplied, financed, and supported the involvement of the Serbian Volunteer Guard in particular operations in Croatia and Bosnia- Herzegovina 639 6.4.5 The Accused directed and organized the financing, training, logistical support, and other substantial assistance or support for the Serbian Volunteer Guard 663 6.4.6 The Accused failed to instruct the Serbian Volunteer Guard to refrain from committing unlawful acts 674 6.5 Skorpions 675 6.5.1 Introduction 675 6.5.2 The Accused directed and organized the formation of the Skorpions 676 6.5.3 The Accused organized and directed the involvement of the Skorpions, the SDG, and the JATD in particular operations in Croatia and Bosnia- Herzegovina, and supported and supplied the involvement of these units in the operations – Operation Pauk November 1994-July 1995, Treskavica/Trnovo June-July 1995, and 1995 SBWS operations 684 6.5.4 The Accused financed the involvement of the Skorpions, the SDG, and the JATD in particular operations in Croatia and Bosnia-Herzegovina – Case No. IT-03-69-T 440 30 May 2013 49677 Operation Pauk November 1994-July 1995, Treskavica/Trnovo June-July 1995, and 1995 SBWS operations 738 6.5.5 The Accused directed and organized the financing, training, logistical support, and other substantial assistance or support for the Skorpions 748 6.5.6 The Accused failed to instruct the Skorpions to refrain from committing unlawful acts 751 6.6 SAO Krajina police and SAO Krajina TO 752 6.6.1 Introduction 752 6.6.2 The Accused directed and organized the formation of the SAO Krajina Police and TO units 752 6.6.3 The Accused directed and organized the financing, training, logistical support, and other substantial assistance or support to the SAO Krajina Police and TO units 772 6.6.4 The Accused failed to instruct the SAO Krajina Police and TO to refrain from committing unlawful acts 791 6.7 Other Serb forces 792 6.7.1 Introduction 792 6.7.2 The Accused directed and organized the formation of the SBWS police and TO units 792 6.7.3 The Accused directed and organized the financing, training, logistical support, and other substantial assistance or support to the SBWS police and TO units 799 6.7.4 The Accused failed to instruct and failed to instruct the SBWS police and TO units to refrain from committing unlawful acts 810 6.7.5 The Accused directed and organized the formation of the Zvornik TO units 810 6.7.6 The Accused directed and organized the financing, training, logistical support, and other substantial assistance or support to the Zvornik TO units 814 6.7.7 The Accused failed to instruct the Zvornik TO units to refrain from committing unlawful acts 820 6.8 Channels of communication 821 6.9 Mens rea of Jovica Stanišić 828 6.10 Mens rea of Franko Simatović 842 6.11 Other modes of liability 848 7. Disposition 851 8. Dissenting opinion of Judge Michèle Picard 852 9. Separate opinion of Judge Alphons Orie 868 Appendices A. Procedural history 874 Case No. IT-03-69-T 441 30 May 2013 49676 B. Table of cases with abbreviations 886 C. Confidential Appendix 889 Case No. IT-03-69-T 442 30 May 2013 49675 5. The law on responsibility 5.1 Joint criminal enterprise 1254. The Indictment charges both of the Accused as participants in a JCE, pursuant to Article 7 (1) of the Statute, for all the crimes charged.2181 1255. In the context of the Tribunal’s jurisprudence, the JCE doctrine received its first detailed treatment in the Tadić Appeal Judgement.2182 The Tadić Appeals Chamber found in broad terms that a person who in execution of a common criminal purpose contributes to the commission of crimes by a group of persons may be held criminally liable subject to certain conditions.2183 The Appeals Chamber’s analysis of customary international law resulted in the identification and definition of three forms of JCE liability.
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