63
and Bosnian Serb forces, the Appeals Chamber must now apply its foregoing analysis to the
facts and draw the necessary legal conclusions therefrom.
150.
The Trial Chamber clearly found that even after 19 May 1992, the command
structure of the JNA did not change after it was renamed and redesignated as the VJ.
Furthermore, and more importantly, it is apparent from the decision of the Trial Chamber
and more particularly from the evidence as evaluated by Judge McDonald in her Separate
and Dissenting Opinion, that even after that date the VJ continued to control the Bosnian
Serb Army in Bosnia and Herzegovina, that is the VRS. The VJ controlled the political and
military objectives, as well as the military operations, of the VRS.
Two “factors”
emphasised in the Judgement need to be recalled: first, “the transfer to the 1st Krajina
Corps, as with other units of the VRS, of former JNA Officers who were not of Bosnian
Serb extraction from their equivalent postings in the relevant VRS unit’s JNA
predecessor” 177 and second, with respect to the VRS, “the continuing payment of salaries, to
Bosnian Serb and non-Bosnian Serb officers alike, by the Government of the Federal
Republic of Yugoslavia (Serbia and Montenegro)”. 178 According to the Trial Chamber,
these two factors did not amount to, or were not indicative of, effective control by Belgrade
over the Bosnian Serb forces. 179 The Appeals Chamber shares instead the views set out by
Judge McDonald in her Separate and Dissenting Opinion, whereby these two factors, in
addition to others shown by the Prosecution, did indicate control. 180
151.
What emerges from the facts which are both uncontested by the Trial Chamber and
mentioned by Judge McDonald (concerning the command and control structure that
177
Judgement, para. 601.
Ibid.
179
Ibid., paras. 601-602.
180
As Judge McDonald noted:
“[t]he creation of the VRS [after 19 May 1992] was a legal fiction. The only changes made after the 15
May 1992 Security Council resolution were the transfer of troops, the establishment of a Main Staff of
the VRS, a change in the name of the military organisation and individual units, and a change in the
insignia. There remained the same weapons, the same equipment, the same officers, the same
commanders, largely the same troops, the same logistics centres, the same suppliers, the same
infrastructure, the same source of payments, the same goals and mission, the same tactics, and the same
operations. Importantly, the objective remained the same […] The VRS clearly continued to operate as
an integrated and instrumental part of the Serbian war effort. […] The VRS Main Staff, the members
of which had all been generals in the JNA and many of whom were appointed to their positions by the
JNA General Staff, maintained direct communications with the VJ General Staff via a communications
link from Belgrade. […] Moreover, the VRS continued to receive supplies from the same suppliers in
the Federal Republic of Yugoslavia (Serbia and Montenegro) who had contracted with the JNA,
although the requests after 19 May 1992 went through the Chief of Staff of the VRS who then sent
them onto Belgrade.” (Separate and Dissenting Opinion of Judge McDonald, paras. 7-8).
178
Case No.: -94-1-A
15 July 1999