65 (iii) Elements of the FRY/VJ continued to directly intervene in the conflict in Bosnia and Herzegovina after 19 May 1992, and were fighting with the VRS and providing critical combat support to the VRS. While an armed conflict of an international character was held to have existed only up until 19 May 1992, the Trial Chamber did nevertheless accept that thereafter “active elements” of the FRY’s armed forces, the Yugoslav Army (VJ), continued to be involved in an armed conflict with Bosnia and Herzegovina. 183 Much de facto continuity, in terms of the ongoing hostilities, 184 was therefore observable and there seems to have been little factual basis for the Trial Chamber’s finding that by 19 May 1992, the FRY/VJ had lost control over the VRS. 185 (iv) JNA military operations under the command of Belgrade that had already commenced by 19 May 1992 did not cease immediately and, from a purely practical point of view, it is highly unlikely that they would have been able to cease overnight in any event. 186 183 Ibid., para. 118 (“Despite the announced JNA withdrawal from Bosnia and Herzegovina in May 1992, active elements of what had been the JNA, now rechristened as the VJ […] remained in Bosnia and Herzegovina after the May withdrawal and worked with the VRS throughout 1992 and 1993”) and para. 569 (“[…] the forces of the VJ continued to be involved in the armed conflict after that date”). 184 See in particular ibid., para. 566: “The ongoing conflicts before, during and after the time of the attack on Kozarac on 24 May 1992 were taking place and continued to take place throughout the territory of Bosnia and Herzegovina between the government of the Republic of Bosnia and Herzegovina, on the one hand, and, on the other hand, the Bosnian Serb forces, elements of the VJ operating from time to time in the territory of Bosnia and Herzegovina, and various paramilitary groups, all of which occupied or were proceeding to occupy a significant portion of the territory of that State.” See also para. 579: “?Tghe take-over of opština Prijedor began before the JNA withdrawal on 19 May 1992 and was not completed until after that date”. See also the Dissenting Opinion of Judge McDonald who noted “?tghe continuity between the JNA and the VRS particularly as it relates to the military operations in the Opština Prijedor area […].” (Separate and Dissenting Opinion of Judge McDonald, para. 15). 185 Moreover, it is interesting to observe that while concluding that by 19 May 1992 effective control over the VRS had been lost by the JNA/VJ, the Trial Chamber simultaneously observed that such control nevertheless did not appear to have been regained by the Bosnian authorities. In particular, the Trial Chamber found that the “Government of the Republic of Bosnia and Herzegovina […] faced […] major problems […] of defence, involving control over the mobilization and operations of the armed forces” (Judgement, para. 124, emphasis added). 186 In and of itself, the logistical difficulties of disengaging from the conflict and withdrawing such a large force would have been considerable. With regard to the extent and depth of the involvement of the large number of JNA forces engaged in Bosnia and Herzegovina and the ongoing nature of their activities beyond 19 May 1992, see ibid., paras. 124-125: “By early 1992 there were some 100,000 JNA troops in Bosnia and Herzegovina with over 700 tanks, 1,000 armoured personnel carriers, much heavy weaponry, 100 planes and 500 helicopters, all under the command of the General Staff of the JNA in Belgrade. […] On 19 May 1992 the withdrawal of JNA forces from Bosnia and Herzegovina was announced but the attacks were continued by the VRS.” Case No.: -94-1-A 15 July 1999