Row 74643

Row ID: 74643 | Dataset Entry | Axioma AXP Content Repository

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The case with Gotovina became one of landmark cases tried by the ICTY shaping modern international law.

The ICTY indicted Croatian Army (HV) generals Ante Gotovina, Ivan Čermak, and Mladen Markač for war crimes, specifically for their roles in Operation Storm, citing their participation in a joint criminal enterprise (JCE) and command responsibility for war crimes and crimes against humanity carried out against rebel Serb forces and civilians.

The indictment alleged creation of a joint criminal enterprise whose purpose was to permanently remove the Serbian population through commission of crimes (plunder, inhumane treatment, murder, wanton destruction, looting and others) and prevention of their return.

In April 2011 the court in unanimous decision found Ante Gotovina and Mladen Markač guilty, sentencing them to 24 and 18 years respectively while Ivan Čermak was acquitted of all charges.

Following a successful appeal, Ante Gotovina and Mladen Markač were acquitted of all charges by the Appeals Chamber in November 2012

The Appeals Chamber decision was a 3-2 majority decision that found that the prosecution had failed to prove the existence of a joint criminal enterprise and the Trial Chamber failed to identify and discuss other modes of responsibility thus not allowing the Appeals Chamber to enter convictions under command responsibility or aiding and abetting.

The ruling is seen as a vindication of legality of the Operation Storm and of the 1990s Croatian leadership—as the Gotovina et al. case became a proxy trial of Tuđman, Šušak and Bobetko, and as a closure for the Croatian War of Independence, and a triumph of Croatia.

My questions:

1: What is the reason the Appeals chamber in a suxh drastic U-Turn judged that prosecution had failed to prove the existence of a joint criminal enterprise?

1: Why wasn't the Appeals Chamber decision an unanimous 5-0 decision but a close 3-2 decision? Why specifically did 2 judges vote against?

3: Would have Croatian President Tudman been indicted if he didn't die?

4: How do international lawyers look at this case from today? what kind of precedent did it set for Laws of War and do they have any criticism to it?

5: For people in this sub who study international law and are international lawyers what is your opinion on this case?

FieldValue
text The case with Gotovina became one of landmark cases tried by the ICTY shaping modern international law. The ICTY indicted Croatian Army (HV) generals Ante Gotovina, Ivan Čermak, and Mladen Markač for war crimes, specifically for their roles in Operation Storm, citing their participation in a joint criminal enterprise (JCE) and command responsibility for war crimes and crimes against humanity carried out against rebel Serb forces and civilians. The indictment alleged creation of a joint crimin…
label r/internationallaw
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communityName r/internationallaw
datetime 2024-05-24
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Raw Record

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  "text": "The case with Gotovina became one of landmark cases tried by the ICTY shaping modern international law.\n\nThe ICTY indicted Croatian Army (HV) generals Ante Gotovina, Ivan Čermak, and Mladen Markač for war crimes, specifically for their roles in Operation Storm, citing their participation in a joint criminal enterprise (JCE) and command responsibility for war crimes and crimes against humanity carried out against rebel Serb forces and civilians. \n\nThe indictment alleged creation of a joint criminal enterprise whose purpose was to permanently remove the Serbian population through commission of crimes (plunder, inhumane treatment, murder, wanton destruction, looting and others) and prevention of their return.\n\nIn April 2011 the court in unanimous decision found Ante Gotovina and Mladen Markač guilty, sentencing them to 24 and 18 years respectively while Ivan Čermak was acquitted of all charges.\n\nFollowing a successful appeal, Ante Gotovina and Mladen Markač were acquitted of all charges by the Appeals Chamber in November 2012\n\nThe Appeals Chamber decision was a 3-2 majority decision that found that the prosecution had failed to prove the existence of a joint criminal enterprise and the Trial Chamber failed to identify and discuss other modes of responsibility thus not allowing the Appeals Chamber to enter convictions under command responsibility or aiding and abetting.\n\nThe ruling is seen as a vindication of legality of the Operation Storm and of the 1990s Croatian leadership—as the Gotovina et al. case became a proxy trial of Tuđman, Šušak and Bobetko, and as a closure for the Croatian War of Independence, and a triumph of Croatia.\n\nMy questions:\n\n1: What is the reason the Appeals chamber in a suxh drastic U-Turn judged that prosecution had failed to prove the existence of a joint criminal enterprise?\n\n1: Why wasn't the Appeals Chamber decision an unanimous 5-0 decision but a close 3-2 decision? Why specifically did 2 judges vote against?\n\n3: Would have Croatian President Tudman been indicted if he didn't die?\n\n4: How do international lawyers look at this case from today? what kind of precedent did it set for Laws of War and do they have any criticism to it?\n\n5: For people in this sub who study international law and are international lawyers what is your opinion on this case?",
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