Jovica Stanisic i Franko Simatovic in the courtroom

The Appeals Chamber with Italian judge Fausto Pocar presiding will hand down the final judgment in the case of the two former Serbian State Security Service Jovica Stanisic and Franko Simatovic on Tuesday, 15 December 2015.

In May 2013, Stanisic and Simatovic were acquitted on all counts in the indictment. The Serbian State Security Service chiefs were indicted for their involvement in the joint criminal enterprise aimed at ethnically cleansing large parts of Croatia and BH. As alleged in the indictment, Stanisic and Simatovic implemented that goal through crimes committed by units formed, trained, armed, supplied and controlled by the accused and the Serbian State Security Service. Among those units were the Scorpions, Arkan's men, Martic's militia, the Red Berets and others. With a majority of votes, two to one, the Trial Chamber ruled that the help Stanisic and Simatovic provided to the units was not 'specifically directed' to the commission of crimes. In the Trial Chamber's view, the assistance Stanisic and Simatovic provided was aimed at 'establishing and maintaining (Serb) rule' in parts of Croatia and Bosnia and Herzegovina.

The prosecution appealed against the acquittal of the former chiefs of the Serbian secret police contesting the standard of specific direction. In its appeal the prosecution called for a conviction or for a re-trial. At the appellate hearing held in July 2015 the defense stressed that if the Appeals Chamber were to reverse the acquittal, the case should be referred to the Trial Chamber. In the defense's view, the Appeals Chamber should not render a judgment convicting the accused.

In the meantime the standard of 'specific direction' has been rejected in two final judgments rendered by the Tribunal's Appeals Chambers and in a judgment handed down by the Tribunal for Sierra Leone. It remains to be seen on 15 December 2015 how that change in the international practice would be reflected in the case against the former Serbian State Security Service chiefs.

The Appeals Chamber has also ordered Jovica Stanisic and Franko Simatovic to inform the ICTY Registry not later than Friday 13 November 2015 if they intend to appear in the Tribunal's courtroom on 15 December 2015.

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