search_tooltip! X

Sense Tribunal

Gotovina et al. - "Operation Storm"

Ante Gotovina, Ivan Cermak, Mladen Markac

News 343

30.11.2012.

AVOIDING CONFLICT AFTER THE ACQUITTAL OF GENERALS

The initiative to calm down the situation, redress the wrongdoings, give equal attention to all war crimes should come from the Croatian side. The Serbian side feels damaged by what they perceive as fundamental injustice - not so much with the acquittal of Gotovina and Markac in itself but more with the implications arising from the judgment. The judgment implies that crimes against Serb victims were insignificant and that farmers left their homes, property and livestock and embarked on living as refugees for years out of spite almost - stressed Zoran Pusic, President of Civic Committee for Human Rights in Croatia
THE HAGUE | 21.11.2012.

PROSECUTION WILL CONSIDER A MOTION FOR A REVIEW OF GOTOVINA AND MARKAC JUDGMENT

Five days after the Appeals Chamber delivered its judgment acquitting Croatian generals Ante Gotovina and Mladen Markac with a three-to-two majority, the Tribunal’s chief prosecutor Serge Brammertz issued a statement
THE HAGUE | 21.11.2012.
Minority Criticizes Majority (3)

MUST IT BE "EXPLICIT" WHEN IT IS "OBVIOUS"?

Judge Pocar opposed the decision of the majority in the Appeals Chamber not to convict generals Gotovina and Markac on the basis of their command responsibility for failing to prevent and punish crimes of their subordinates arguing that this was yet another indication of the ‘legal confusion’ in the majority’s reasoning. Judge Agius argued that the Trial Chamber’s findings on the responsibility of the accused for crimes were rejected for lack of ‘explicit statements’ although such statements would merely be ‘spelling out the obvious’
THE HAGUE | 20.11.2012.
Minority Criticizes Majority (2)

OPEN QUESTION ABOUT INTENTIONS

Former President of the Tribunal Fausto Pocar stated that the reasoning of the majority in the appellate judgment that acquitted Gotovina and Markac was ‘wrong, incorrect and misleading’ and even ‘grotesque’. In the conclusion of his dissenting opinion, Judge Pocar raised and left unanswered the issue why the majority - if it wanted to acquit Gotovina and Markac - had to quash the very existence of the joint criminal enterprise rather than concentrating on Gotovina’s and Markac’s contributions to it
THE HAGUE | 19.11.2012.

MINORITY CRITICIZES MAJORITY

In their dissenting opinions, judges Agius and Pocar dissected the approach and findings of the majority in the Appeals Chamber. In its judgment rendered last week, the Appeals Chamber acquitted Ante Gotovina and Mladen Markac on all counts in the indictment. Gotovina and Markac were charged with taking part in the joint criminal enterprise in which crimes were committed against Serb civilians in Krajina during and after Operation Storm in the summer of 1995
THE HAGUE | 16.11.2012.

JUDGES DIVIDED, GOTOVINA AND MARKAC WALK FREE

The five judges in the Appeals Chamber rendered the final judgment today in the Gotovina and Markac case, voting three to two to quash the Trial Chamber’s verdict on unlawful artillery attacks on the Krajina towns as the main cause of the deportation of the Serb civilians during and after Operation Storm, concluding that the joint criminal enterprise to permanently remove Serbs from Krajina did not exist
THE HAGUE | 02.11.2012.

GOTOVINA AND MARKAC FINAL JUDGMENT SLATED FOR 16 NOVEMBER 2012

On Friday, 16 November 2012 the Appeals Chamber will render its judgment to Croatian generals Ante Gotovina and Mladen Markac. The Trial Chamber sentenced Gotovina to 24 years and Markac to 18 years in prison for crimes in Operation Storm
THE HAGUE | 18.09.2012.

GOTOVINA AND MARKAC BACK IN COURT FOR A SHORT TIME

Ratko Mladic’s trial continued in closed session for the second day. The only hearing open to the public was a seven-minute status conference in Gotovina’s and Markac’s appellate proceedings; the two Croatian generals were convicted by the Trial Chamber of crimes against Serb civilians during and after Operation Storm. Markac is ‘OK’ after a difficult surgery and Gotovina has no health problems
THE HAGUE | 04.09.2012.

NEITHER INDIVIDUAL NOR COMMAND LIABILITY FOR GOTOVINA AND MARKAC

The defense teams explain why in their view the Croatian generals shouldn’t be convicted of aiding and abetting crimes if the Appeals Chamber finds they are not guilty of unlawful artillery attacks on Knin and their part in the joint criminal enterprise aimed at expelling Krajina Serbs during and after Operation Storm
THE HAGUE | 20.07.2012.

MODES OF LIABILITY FOR GOTOVINA AND MARKAC

If Gotovina and Markac end up being acquitted of the artillery attack on Krajina towns or involvement in the joint criminal enterprise on appeal, should they be found guilty of command responsibility or aiding and abetting the crimes? The prosecution has to file its answers to those hypothetical questions asked by the Appeals Chamber before 10 August 2012 to assist the judges to achieve ‘a just resolution’ the appellate proceedings

Cases

Schedule

The reports are delivered to Sense-Tribunal Service subscribers immediately after they are posted on the website. The full text of the reports will be available on the website the following day from 12:00 pm (noon).