II. CONSIDERATIONS REGARDING THE EVALUATION OF EVIDENCE
III. THE CONTEXT IN WHICH THE ATTACK OF 6 DECEMBER 1991 TOOK PLACE
A. General
background
B. Dubrovnik before October
1991
1. The broader
Dubrovnik, the city of Dubrovnik and the Old Town
2. Croatian forces in Dubrovnik
3. JNA forces around Dubrovnik
C. Combat operations around Dubrovnik before October 1991
1. JNA blockade
by Croatian forces
2. Mobilisation of Croatian
and JNA forces
3. JNA directive to blockade
Dubrovnik
D. Combat
operations around Dubrovnik in October 1991
E. Shelling of Dubrovnik in
October 1991
F. October negotiations and
ceasefire
G. Combat operations around
Dubrovnik in early November 1991
H. The shelling of the Old
Town in November 1991
I. November negotiations and
ceasefire
IV. THE ATTACK ON 6 DECEMBER 1991
A. The planning
of the attack – events before 6 December 1991
B. The attack on the Old Town
on 6 December 1991 – the experience of the residents
C. The attack on the Old Town
of Dubrovnik on 6 December 1991 - the attackers
D. The events of 6 December
1991
E. The role of the Accused -
interrelationship of the Accused, Admiral Jokic and General
Kadijevic
F. How did the Old Town come
to be shelled?
1. Extent
of damage
2. Was damage deliberately
inflicted by Croatian forces or interests?
3. Did JNA forces fire only
at Croatian military positions?
V. JURISDICTION UNDER ARTICLE 3 OF THE STATUTE
A. Existence
of an armed conflict and nexus between the acts of the Accused
and the armed conflict
B. The four Tadic conditions
1. Murder
and cruel treatment
2. Attacks on civilians and
civilian objects
(a) Attacks
on civilians
(b) Attacks on civilian objects
3. Destruction and devastation of property, including cultural property
A. Crimes against persons (Count 1 and 2)
(i) Tonci
Skocko
(ii) Pavo Urban
(i) Ivo
Vlasica
(ii) Mato Valjalo
B. Attacks on civilians and civilian objects (Counts 3 and 5)
C. Crimes against property, including cultural property (Counts 4 and 6)
1. Law on
devastation not justified by military necessity (Count 4)
2. Law on destruction or wilful
damage of cultural property (Count 6)
3. Findings on Counts 4 and
6
VII. INDIVIDUAL CRIMINAL RESPONSIBILITY OF THE ACCUSED
1. Law
2. Findings
3. Conclusion
1. Law
2. Findings
3. Conclusion
(a) Superior-subordinate
relationship
(b) Mental element: the superior
knew or had reason to know
(c) Necessary and reasonable
measures
(a) Superior-subordinate relationship
(i) Command
structure
(ii) Effective control
a. Did
the Accused have the material ability to prevent the attack
on the Old Town of 6 December 1991?
b. Did the Accused have
the material ability to punish the perpetrators?
(b) Mental
element: did the Accused know or have reason to know that his
subordinates were about to or had committed crimes?
(c) Measures to prevent and
to punish
(i) Measures
to prevent
(ii) Measures to punish
A. Should
there be cumulative convictions?
B. Concurrent responsibility
under Articles 7(1) and 7(3) of the Statute
A. The gravity
of the offence
B. Aggravating and mitigating
circumstances
C. The general practice in the
courts of the former Yugoslavia
D. Credit for time served in
custody
ANNEX I: DESTROYED OR DAMAGED BUILDINGS OR STRUCTURES
1. Indictment and
initial appearance
2. History of indictments
3. Severance of proceedings and guilty
pleas
4. Order for provisional release
5. Commencement of trial and vacation
of the Accused’s order for provisional release
6. Trial Chamber composition
1. Overview
2. Matters relating to witnesses
3. Evidentiary issues
4. Access to documents
5. Health of the Accused
6. Rule 98bis Decision
7. Site visit