Trial of Gotovina et al.
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The Trial of Gotovina et al. was a war crimes trial held from March 2008 until[1] (including the appeals process) November 2012 before the International Criminal Tribunal for the former Yugoslavia (ICTY),[2] set up in 1993.[3] 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) aimed at the permanent removal of Serbs from the Republic of Serbian Krajina (RSK) held part of Croatia.
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Trial of Gotovina et al. | |
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Court | International Criminal Tribunal for the former Yugoslavia |
Full case name | Gotovina et al. (IT-06-90) "Operation Storm" |
Decided | 16 November 2012 (2012-11-16) |
Transcript | ICTY case transcripts |
Case history | |
Related actions | Čermak & Markač (IT-03-73) "Operation Storm", Gotovina (IT-01-45) |
Court membership | |
Judges sitting | Trial chamber: Alphons Orie, Uldis Ķinis, Elisabeth Gwaunza Appeals chamber: Theodor Meron, Mehmet Güney, Fausto Pocar, Patrick Lipton Robinson, Carmel Agius |
Case opinions | |
Separate opinion: Theodor Meron Separate opinion: Patrick Lipton Robinson Dissenting opinion: Carmel Agius Dissenting opinion: Fausto Pocar |
The ICTY charges specified that other participants in the JCE were President of Croatia Franjo Tuđman, defence minister Gojko Šušak, and generals Janko Bobetko and Zvonimir Červenko,[4] however, all except Bobetko were dead before the first relevant ICTY indictment was issued in 2001.[5] General Bobetko was indicted by the ICTY, but died a year later, before he could be transferred to the ICTY.[6] The trial brought convictions of Gotovina and Markač and acquittal of Čermak in April 2011.[7] Gotovina and Markač were acquitted on appeal in November 2012.[8][9]
The case raised significant issues for law of war and it has been described as a precedent.[10][11][12][13][14][15][16][17][18]